Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal in Washington and Federal Waters

It is illegal to discharge waste, oil, or trash into any Washington state or federally controlled waters. This is for very good reasons.

• Sewage carries disease and other pollutants that are harmful to people, aquatic plants, and animals.
• Trash thrown into the water can injure swimmers and wildlife alike. It also can plug engine cooling water intakes.
• Pollution is unsightly and takes away from your enjoyment of the water.

Vessel operators need to be aware of the following regulations for waste, oil, and trash disposal that apply to both federally controlled and state waters. The Refuse Act prohibits throwing, discharging, or depositing any refuse matter of any kind (including trash, garbage, oil, and other liquid pollutants) into the waters of the United States.

Signs like these are posted at pump-out stations in Washington.

Discharge of Sewage and Waste If you have a vessel with installed toilet facilities, it must have an operable marine sanitation device (MSD) on board. There are three types of MSDs. Types I and II MSDs treat waste with special chemicals to kill bacteria. When in waters where sewage cannot be dumped overboard (for example, any freshwater body of water), these MSDs must have the “Y” valve secured so that it cannot be opened. This can be done by placing a lock or non-reusable seal on the “Y” valve or by taking the handle off the “Y” valve in a closed position. Type III MSDs provide no treatment and are either holding tanks or portable toilets. Collected waste should be taken ashore and disposed of in a pump-out station or onshore toilet. Vessels 65 feet or less in length may use a Type I, II, or III MSD. Vessels more than 65 feet in length must install a Type II or III MSD. All installed devices must be U.S. Coast Guard–certified. If you have treated sewage, flush in deep water and avoid flushing in small bays, in marinas, or near shellfish beds.

Discharge of Trash

The Act to Prevent Pollution from Ships places limitations on the discharge of garbage from vessels. It is illegal to dump refuse, garbage, or plastics into any state or federally controlled waters. Many forms of litter can kill birds, fish, and marine mammals.

• You must store trash in a container while on board and place it in a proper receptacle after returning to shore.
• If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a Garbage Disposal Placard in a prominent location. The Garbage Disposal Placard is a durable sign that is at least 4 x 9 inches. It must notify passengers and crew about the discharge restrictions in the Marine Pollution Act (MARPOL). Obtain a placard from a marine supply store or from the National Oceanic and Atmospheric Administration, Marine Debris Information Office, 1725 DeSales Street N.W., Suite 500, Washington, DC 20036.

Discharge of Oil and Other Hazardous Substances

Regulations issued under the Federal Water Pollution Control Act require all vessels with propulsion machinery to be able to retain oil mixtures on board.

• You are not allowed to discharge oil or hazardous substances. Using soap as a dispersant on an oil spill is also illegal. Violators may be fined up to $10,000 per day by the state. Federal fines also may be given.
• You are not allowed to dump oil into the bilge of the vessel without means for proper disposal. Fuel spills can be removed using absorbent bilge pads.
• You must dispose of oil waste at an approved reception facility. On recreational vessels, a bucket or bailer is adequate for temporary storage prior to disposing of the oil waste at an approved facility.
• You must notify the U.S. Coast Guard and the Washington State Department of Emergency Management immediately if your vessel discharges oil or hazardous substances in the water (see section below for phone numbers). Report the discharge’s location, color, source, substances, size, and time observed.
• If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a 5 x 8-inch placard made of durable material, fixed in a conspicuous place in the machinery spaces or at the bilge pump control station, stating the following.

Discharge of Oil Prohibited

The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste upon or into any navigable waters of the U.S. The prohibition includes any discharge which causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil and/or criminal sanctions including fines and imprisonment.

Oil Discharge Placard A 5 x 8-inch sign that states the law pertaining to oil discharge

Waste Management Plan

• Ocean-going vessels that are 40 feet or more in length with cooking and sleeping facilities must have a written Waste Management Plan.
• The captain of the vessel is responsible for implementing the Waste Management Plan.
• The Waste Management Plan, identifying the vessel's name and home port, should be posted and should include directives to all persons on board about:
  • Discharging sewage and hazardous substances
  • Discharging garbage and other food waste
  • Disposing of plastics, bottles, and cans
  • Reading applicable placards for additional information
  • Advising the captain in case of oily discharges or diesel spills

Stop the Spread of Nuisance Species!

Introducing non-native species into Washington waters can upset the balance of the ecosystem, thereby harming the environment. Aquatic nuisance species, such as aquatic weeds and New Zealand mud snails, most often spread between waterways by hitching a ride on vessels and trailers. When transplanted into new waters, these organisms proliferate, displacing native species and damaging the water resource. The Lower Columbia River and the waters of the Long Beach Peninsula are infested with New Zealand mud snails.

To prevent spreading aquatic nuisance species:

• Inspect your vessel and trailer, and remove any plants and animals you see before leaving the area.
• Drain your motor, live well, and bilge on land before leaving the area.
• Empty your bait bucket on land. Never release live bait into a body of water or release aquatic animals from one body of water into another.
• Rinse your vessel, propeller, trailer, and equipment.
• Air-dry your vessel and equipment for as long as possible.

For more information on stopping the spread of nuisance species, visit this Aquatic Nuisance Species web page.