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

It is illegal to discharge waste, oil, or trash into any Alabama 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.

Discharge of Sewage and Waste

The Marine Sanitation Act 2002-59 or Clean Boating Bill was signed into law in Alabama on January 31, 2002, and became effective on October 1, 2003. The new law makes the Department of Conservation and Natural Resources responsible for enforcing the Act related to regulating vessel sewage discharges. When the Act is fully implemented, the Department of Conservation and Natural Resources will inspect marine sanitation devices on both recreational and residence vessels and issue yearly MSD inspection decals.

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

If you have a recreational 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 are usually found on large vessels. Waste is treated with special chemicals to kill bacteria before the waste is discharged. Types I and II MSDs with "Y" valves that would direct the waste overboard must be secured so that the valve 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. 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 over 65 feet in length must install a Type II or III MSD. All installed devices must be U.S. Coast Guard–certified. Vessels with a Type III MSD are prohibited (except in an emergency) from docking, storing, anchoring or mooring at a marina unless the marina has a pump-out or waste disposal system.

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. The Alabama Code of Law states that discharging trash into public waters is criminal littering with a minimum fine of $250.

• 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 and notifies passengers and crew about discharge restrictions.

What to Do in Case of Discharge

If your vessel discharges oil or hazardous substances in the water, notify the U.S. Coast Guard by calling 1-800-424-8802. Also notify the Alabama Department of Environmental Management by calling 334-271-7700.

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. Federal law states that you are not allowed to discharge oil or hazardous substances into the water. The Alabama Code of Law states that it is a crime for a vessel of more than 25 feet in length to discharge oil products into public waters of Alabama or within 3 miles of the Alabama shoreline.

• You are not allowed to discharge oil or hazardous substances. The penalty for illegal discharge may be a fine of up to $10,000.
• 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 immediately if your vessel discharges oil or hazardous substances in the water. Call toll-free 1-800-424-8802. Report the discharge's location, color, source, substances, size, and time observed. You must also call the Alabama Department of Environmental Management at 334-271-7700 and report the discharge.
• 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 Alabama waters can upset the balance of the ecosystem, hurting the environment. Aquatic nuisance species such as zebra mussels, hydrilla, and mitten crabs 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.

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.