Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal In Montana and Federal Waters
It is illegal to discharge waste, oil, or trash into any Montana
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
Signs like these are posted at pump-out stations in Montana.
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Montana law states that it is
illegal to discharge any garbage, refuse, waste, or sewage
into or near the water. If you have a recreational vessel
with installed toilet facilities, it must have on board an
operable marine sanitation device (MSD) that is self-contained
and incapable of discharging directly into the water.
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.
Because there are so few marine pump-out stations in Montana,
vessel operators should check on the local availability of
waste disposal stations before using their onboard facilities.
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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 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.
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 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.
- 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:
Oil Discharge Placard
A 5 x 8-inch sign that states the law pertaining to oil discharge |
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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 Montana waters can upset the balance of
the ecosystem, hurting the environment.
Aquatic nuisance species such as zebra mussels 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 harmful species:
- Remove all mud and vegetation from your vessel, trailer (check
axle, rollers, and hitch), motor and equipment when moving between
waters.
- Wash all boats, trailers, and equipment in between trips. High-pressure
hot water is best.
- Dry boats and gear in between trips.
- Drain and clean your live well, bait containers, and engine
cooling system after every trip on the water.
- Pay particular attention to cleaning boats and equipment after
fishing or recreating out-of-state.
- It is illegal to move live fish, aquatic invertebrates or plants
from one body of water to another without authorization from
Fish, Wildlife & Parks.
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