Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal in Virginia and Federal Waters
It is illegal to discharge waste, oil, or trash into any Virginia
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 Virginia.

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Discharge
of Sewage and Waste
State law prohibits vessels from discharging any sewage,
treated or untreated, into fresh waters of Virginia. If you
have a recreational vehicle 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. |
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 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 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 Virginia
Department of Health—804-864-7468— 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:
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
Protection of the Environment
Introducing non native species, such as zebra mussels and hydrilla,
into Virginia waters can upset the balance of the ecosystem, hurting
the environment. Prevent spreading aquatic nuisance species by:
- Inspecting your vessel and trailer, and removing any plants
and animals you see before leaving the waterbody.
- Draining your motor, live well, and bilge on land before leaving
the waterbody.
- Never releasing live bait into a waterbody or releasing aquatic
animals from one waterbody into another.
- Rinsing your vessel's hull, propeller, trailer, and equipment.
Apply approved antifoulants to the hull.
- Air-drying your vessel and equipment for as long as possible.
Submersed aquatic vegetation (SAV) are underwater grasses often
found in mustow (usually less than 6 feet), tidal, and non-tidal
areas.
- They are an important habitat for fish and shellfish, particularly
the blue crab, and are a food source for several waterfowl species.
- SAV add oxygen to the water and reduce wave energy, thereby
protecting shorelines and bottoms.
- Scientific studies have shown that SAV beds can be scarred
by propellers of small vessels or by larger craft if they run
aground. Unfortunately, recovery from this scarring can take
years.
- When operating your vessel in shallow areas, particularly at
low tide, be careful to avoid damaging SAV.
Stop
the Spread of Nuisance Species!
Aquatic nuisance species, such as zebra mussels, quagga mussels, milfoil, and hydrilla, most often spread between waterways by hitching a ride on vessels and trailers. When moved into new waters, these organisms multiply, displacing native species and damaging the water resource.

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