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

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

• Sewage carries diseases and other pollutants that are harmful to people, aquatic plants and animals.
• Trash thrown into the water can injure swimmers and wildlife alike. It can also 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.
• Utah law states that you may not discard or discharge, nor as the operator may you allow others on board to discard or discharge, any litter, human body waste, or other liquid or solid materials into the water or shorelines that cause the waters or shorelines to be unsightly, noxious, unwholesome or detrimental to the public health or the enjoyment of the waters or shorelines. Any person who violates this law is guilty of a Class B misdemeanor.

Discharge of Sewage and Waste

If you have a recreational vessel with installed toilet facilities, it must have an operable marine sanitation device (MSD) on board.

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

The types of MSDs are: Type III MSD, the simplest and most common, consists of holding tanks or portable toilets. It requires only a small storage space and is simple to operate. Type III MSDs have the least effect on the environment since the waste is to be discharged on shore into a local sewage treatment facility. 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 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. All installed MSDs must be U.S. Coast Guard–certified. A vessel may not be operated on Utah waters if it has a marine toilet that discharges any inadequately treated human body waste into the waters. It is illegal for the owner or operator of a vessel with a marine toilet to use, or permit the use of, a toilet unless equipped to adequately treat, hold, incinerate, or handle waste in a manner that prevents pollution of Utah waters. It is illegal to discharge any human waste, whether treated or untreated, into Utah waters or lands adjacent to the waters.

Discharge of Trash

The Act to Prevent Pollution from Ships places limitations on the discharge of garbage from vessels. It is illegal to dump garbage and plastics into federally controlled waters. Utah state law also prohibits discarding any litter in the water.

• You must store trash in a container on board, and place it in a proper receptacle after returning to shore.
• On federal waters, you must display, in a prominent location, a durable placard (sign) at least 4 x 9 inches on any vessel 26 feet or longer. It must notify 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 Utah Department of Environmental Quality, Division of Water Quality by calling 801-538-6816 (daytime) 801-536-4123 (after hours).

Discharge of Oil and Other Hazardous Substances

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

• You are not allowed to discharge oil or hazardous substances.
• You are not allowed to dump oil into the bilge of the vessel without means for proper disposal.
• You must discharge oil waste to a reception facility. On recreational vessels, a bucket or bailer is adequate.
• You must immediately notify the U.S. Coast Guard 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 Utah Department of Environmental Quality at 801-538-6816 (daytime) or 801-536-4123 (after hours) and report the discharge.
• On federal waters, vessels 26 feet or longer 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. This 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

• Federal law requires ocean going vessels of 40 feet or longer with a galley and berth to have a written Waste Management Plan.
• The captain of the vessel is responsible for implementing the Waste Management Plan.
• The Waste Management Plan, which identifies the vessel’s name and home port, should be posted and include directives to all passengers and/or crew about:
  • Discharge of sewage and hazardous substances
  • Discharge of garbage and other food waste
  • Disposal of plastics, bottles, and cans
  • Applicable placards for additional information
  • Advising the captain in case of oily discharges or diesel spills

Aquatic Invasive Species

Introducing non-native species into Utah waters can upset the balance of the ecosystem, thereby harming the environment. Aquatic invasive species, such as zebra mussels, quagga mussels, milfoil, and hydrilla, 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.

In other states, quagga and zebra mussels have:

• Cost billions of dollars to control
• Jeopardized essential power and water infrastructures
• Destroyed recreation areas and equipment (including boats)
• Severely damaged ecosystems, displacing native and sport species

We don't want this to happen in Utah. Please keep your boat—and our waters—free of invasive mussels!

For further information on mussels, visit www.wildlife.utah.gov/mussels.

Notice: It is unlawful (R657-60) to launch a boat without first certifying that it has not been in a quagga or zebra mussel infested water within the last 30 days, or that the boat has been properly decontaminated.

Stop the Spread of Invasive Species

How can you help protect your favorite recreation against a devastating mussel infestation? Utah law requires you to decontaminate your boat and equipment after you exit the water and before you enter a new water recreation area. You should:

• CLEAN all plants, fish, and/or mussels from your boat.
• DRAIN all water from ballast, bilge, livewells, and motor of your boat.
• DRY your boat and equipment completely when you arrive home. You should dry it for seven days in the summer, 18 days in the spring/fall, 30 days in the winter, or three days in freezing temperatures. Instead of drying, you can use a professional washing service to apply scalding water (140 degrees) to wash your boat and trailer and to flush your motor, bilge, and livewells.