Number 2-96a -- 1 January 1996

Pollution Problems and Laws Every Boater Should Know

POLLUTION PROBLEM Litter/Debris Fuel and Oil Dispersants
EXAMPLE plastic bags, food waste, aluminum cans, fishing line gasoline, motor oil dishwashing soaps, detergent
LAWS MARPOL, MPPRCA CWA, OPA CWA, OPA
SUMMARY Overboard disposal of plastics prohibited; no garbage at all may be discharged in inland waters or in the ocean within 3 nm of shore A spill of fuel or oil creating a sheen or emulsion on the water is prohibited within 12 nm of land; discharges beyong 12 nm only permitted under specific MARPOL Annex II regulations Prohibits the application of dispersants on oil or fuel spills or sheens of any size
REQUIREMENTS Placard required on vessels 26 ft. and over; waste management plan and logbook required on vessels 40 ft. and over Placard required on any vessel 26 ft. and greater; ant spill must be reported Dispersants may only be used with permission from federal and state authorities
DOCK REQUIREMENTS Must provide adequate waste reception facilities in accordance with 33 CFR 158.120 Any person in charge of a facility, upon learning of a discharge, must immediately notify the USCG None
FINES Up to $50,000/event; if criminal intent, up to $250,000 and/or 6 years imprisonment; if an organization, up to $500,000 and.or six years imprisonment $25,000/day regardless of the quantity and cleanup costs; Failure to report, up to $250,000 and/or 5 years imprisonment $25,000/incident for use; $250,000 and up to three years imprisonment
AGENCY ENFORCEMENT USCG USCG/EPA/State USCG/EPA

Abbreviations used in these tables
CVA -- Clean Vessel Act
CWA -- Clean Water Act
EPA -- U.S. Environmental Protection Agency
MARPOL -- (MARine POLlution), the International Convention for the Prevention of Pollution from Ships at Sea
MPPRCA -- Marine Plastic Pollution Research and Control Act
MRD -- Marine Response Division (USCG Headquarters)
MSD -- Marine Sanitation Device
nm -- Nautical Mile
OAPCA -- Organotin Antifoulant Paint Control Act of 1988
OPA -- Oil Pollution Act of 1990
TBT -- Tributyltin
USCG -- United States Coast Guard

POLLUTION PROBLEM Sewage Hazardous Substances Bottom Paints
EXAMPLE human waste boat cleaners, varnish, used oil, cleaners Tributyl-tin (TBT) based boat paints
LAWS CWA, CVA CWA, OPA OAPCA
SUMMARY Discharge of untreated sewage within 3 nm of land is prohibited. Discharge of treated sewage permitted through a USCG-approved MSD only, unless in an area designated "Zero Discharge." No hazardous substances may be discharged within 12 nm of the shore. Discharges beyond 12nm only permitted under specific MARPOL Annex II regulations. TBT-additive not allowed in paints for vessels <82 feet, except for aluminum huls, outdrives, and outboard motors.
REQUIREMENTS Boats with installed toilets must have a USCG-approved Type III MSD; boats 65 ft. and over must install a Type II or III MSD Whether accidental ot intended, violators must report a spill: and may be liable for cleanup Application by certified applicators only
DOCK REQUIREMENTS Docks receiving state or federal funds for a Type III MSD pump out must maintain the equipment and provide adequate services Docks, marinas and boatyards are required to report any spills, and may be liable for cleanup Local regulations in several states restrict in-water hull cleaning and other paint applications
FINES $2,000 civil penalty for violation of MSD requirements $25,000/day regardless of the quantity and cleanup costs; Failure to report, up to $250,000 and/or 5 years imprisonment Check state and local regulations and penalties
AGENCY ENFORCEMENT USCG/State/Local USCG/EPA/State State/Local/EPA

Source: CMC/USCG MRO