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

It is illegal to discharge waste, oil, or trash into any federally controlled or Louisiana state 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

State and federal law prohibits vessels from discharging any untreated sewage into the waters of Louisiana.

Recreational boats are not required to be equipped with a toilet. However, the Clean Water Act requires that if a toilet is installed, it must be equipped with an operable marine sanitation device (MSD) that is U.S. Coast Guard–certified. Installed toilets that are not equipped with an MSD, and that discharge raw sewage directly over the side, are illegal.

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

Portable toilets or “porta-potties” are not considered installed toilets and are not subject to the MSD regulations. Portable toilets are subject to disposal regulations which prohibit the disposal of raw sewage within territorial waters (three-mile limit), the Great Lakes, or navigable rivers. There are three types of MSDs. Type I: This device is certified to treat the sewage with chemicals before the sewage is discharged into the water. The treated discharge must meet health standards for bacteria content and must not show any visible floating solids. Type II: This MSD is also a treatment device, but it is certified to provide a higher level of sewage treatment. Because it is larger than a Type I, it is usually installed in larger recreational boats. Type III: This MSD does not allow the discharge of sewage. Type III devices include recirculating and incinerating MSDs and holding tanks. With a holding tank, sewage is stored in the tank until it can be pumped out to a reception facility on shore or at sea beyond the territorial waters of the United States. Vessels 65 feet in length and under may use a Type I, II, or III MSD. Vessels over 65 feet must install a Type II or III MSD. Holding tanks (Type III MSDs) will not be labeled as U.S. Coast Guard–certified; however, they will be considered certified if they are used to store only sewage and flushed water and if they operate at ambient (outside) air temperature and pressure.

Louisiana Clean Vessel Act Grant Program

The Clean Vessel Act (CVA) was passed in 1992 with the goal of reducing the overboard discharge of sewage from recreational boats—by educating boaters and by providing convenient access to sewage disposal facilities. The program receives funding from the Wallop-Breaux Sportfish Restoration Fund. The Louisiana Department of Wildlife and Fisheries (LDWF) administers the CVA Grant Program in Louisiana, which began in 1994 with the development of a statewide plan assessing the need for sewage disposal facilities. Pump-out and/or dump stations are available at various locations around the state, but more are needed. CVA Grant Funds are available to reimburse up to 75% of the costs of installing approved marine sewage disposal facilities. Grants are available to both private businesses and state/local government agencies. For information, please contact Herb Holloway, Louisiana CVA Coordinator, at 225-765-2605 or hholloway@wlf.louisiana.gov.

No Discharge Zones

“No Discharge Zones” are areas of water that require greater environmental protection and where even the discharge of treated sewage could be harmful.

• Whenever a vessel equipped with a Type I or Type II MSD (these types discharge treated sewage) is operating on water that has been declared a “No Discharge Zone,” the MSD may not be used and must be secured to prevent discharge. Closing and padlocking the “Y” valve by using a non-releasable wire-tie or removing the “Y” valve handle is sufficient. Locking the door to the toilet with a padlock or a door handle key lock is another acceptable method of securing the MSD while in a “No Discharge Zone.”
• Generally, all freshwater lakes (and similar freshwater impoundments or reservoirs that have no navigable connections with other bodies of water) and rivers not capable of interstate vessel traffic are considered “No Discharge Zones.”

Discharge of Trash

The Act to Prevent Pollution from Ships limits 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 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. You also should report the discharge to the Louisiana Department of Environmental Quality by calling 1-888-763-5424 (answered 24 hours).

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. 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 also must call the Louisiana Department of Environmental Quality 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 Aquatic Hitchhikers

Aquatic hitchhikers can spread in many ways such as on aquatic plants, on recreational equipment, and in water. Fortunately, there are a few simple actions you can take to prevent them from spreading.

• Inspect your boat, trailer, and equipment and remove visible aquatic plants, animals, and mud before leaving the area. Carefully remove all plant fragments before you leave to ensure you are not transporting an invasive plant species or attached zebra mussels.
• Drain water from your boat, motor, bilge, live wells, and bait containers before leaving the area. Many types of invasive species are very small and easily overlooked and can be carried in water. Draining water before you leave the area will reduce the chance that any remaining plants and animals survive.
• Report new sightings. If you suspect a new infestation of an invasive plant or animal, save a specimen and report it to a local natural resource or Sea Grant office.
• Spray, rinse, or dry boats and recreational equipment to remove or kill species that were not visible when leaving a body of water. Before going to another waterway, spray/rinse with high pressure and/or hot tap water (above 104° F) or dry for at least five days.
• Dispose of unwanted bait and other animals or plants in the trash. Releasing live animals and plants in a lake, river, or along the shore often causes invasive species to become established. Identifying fish when they are small is difficult, and it is hard to be absolutely sure there are no invasive fish in your bait bucket.
• Consult the Louisiana Department of Wildlife & Fisheries (LDWF) for information on controlling aquatic invasive species. Do-it-yourself control treatments could be illegal and can make matters worse by harming native fish, wildlife, and plants.
  Call 225-765-2328 or visit www.wlf.louisiana.gov.