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.

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.

What to Do in Case of Discharge

If your vessel discharges oil or hazardous substances into the water, notify the U.S. Coast Guard by calling 1-800-424-8802. Also notify the Virginia Department of Health by calling 804-864-7468.

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:

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

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.