Spillage, Sewage and Pollutions Dos and Don'ts
Tuesday, March 09, 2010

When your car is leaking oil, usually the worst thing that can happen is an ugly stain on your garage floor. The same leak from your boat in the middle of summer is a whole different story. There are serious consequences for any boater who discharges pollutants into any navigable waterway. This article briefly summarizes the various laws and regulations which govern every vessel on our Three Rivers.

A simple rule to remember is this: don’t throw or spill anything into the rivers. It is really that straightforward. Just about anything and everything that we bring onto our boats, with maybe the exception of ice or drinking water, should never find its way into the river. Accidents and mistakes, however, do happen, so every boater should have a general understanding of what to do if and when something is inadvertently spilled or discharged from their vessel.

I. Fuel and Oil Spills

Under federal law (the Oil Pollution Act of 1990 and the Clean Water Act) it is illegal to discharge petroleum products into any navigable water. A discharge is considered illegal if it causes a film or sheen on the surface of the water. If you observe a film or sheen discharging from your vessel, federal law requires you to immediately report the spill by calling the Coast Guard’s National Response Center (1-800-424-8802). Failure to notify the Coast Guard of a spill can result in stiff fines and even possible imprisonment. It is important to note that all engines discharge some oil. Discharges from a properly functioning vessel engine are not deemed to be harmful and do not require notification. Oil accumulated in a vessel’s bilge, however, is not exempt and cannot be discharged.

Notifying the Coast Guard is just the beginning. Federal law also requires the operator to take immediate steps to control the source of the discharge and halt or slow the spread of spill. Keep in mind that it is unlawful to use detergent or other chemicals to disperse the spill. These products can cause the oil to sink, causing more harm to the environment. Boaters should keep some oil absorbent pads on board as a precaution in the event of a spill. These pads help mitigate the damage until the abatement crews arrive on the scene. Even if you notify the Coast Guard in a timely manner, an inadvertent spill may still cost you several thousand dollars. The operator of any vessel discharging oil or fuel is responsible for any and all abatement costs incurred by the Coast Guard or the applicable State Agency.

In addition to contacting the Coast Guard, you should also contact your marina and your insurance company. Some, but not all, insurance policies provide pollution abatement coverage.

Finally, federal law requires every vessel 26 feet or longer to display an oil discharge placard. The placard must be at least 5x8 and fixed in a conspicuous place in each machinery space or at the bilge control station. Failure to post such a placard could subject the vessel operator to a fine.

II. Sewage

Anyone who has spent time on the water knows that the infamous "call of nature" is a regular part of boating. There is always a temptation to simply use the Rivers as one "big bathroom." Not only is it unhealthy and unkind to your fellow water-skier, but it is illegal. Federal law prohibits any vessel from discharging untreated sewage in inland or coastal waters. Let’s take a closer look at what is and is not permissible under federal law.

Recreational vessels are not required to be equipped with a toilet. If a vessel does have an on-board toilet, then it must be equipped with a Coast Guard approved marine sanitation device ("MSD"). Installed toilets that are not equipped with a MSD and discharge untreated sewage directly overboard are illegal.

There are three (3) types of MSDs that have been approved by the Coast Guard. A Type I MSD treats sewage with disinfectant chemicals and maceration prior to its discharge into the water. The treated discharge must meet certain health standards (fecal bacterial count) and must not show any "visible solids." A Type II MSD is very similar to Type I but it must meet higher treatment standards. Type II MSDs require more than space and electricity than a Type I and are often found only on larger vessels. A Type III MSD is really just a holding tank. The sewage flushed from the toilet is deposited into an onboard tank containing deodorizers. The Type III MSD does not treat the sewage. The contents of the tank are then deposited at a shore-side "pump out" facility.

Type III MSDs often contain a "Y" valve, which allows a boater to either direct the sewage into the holding tank or overboard. Discharging untreated sewage directly overboard is legal only outside the U.S. territorial waters (e.g., three miles from shore). If you have a "Y" valve, Coast Guard regulations require that you secure the valve in a closed position while operating in inland or coastal waters. Failure to secure the "Y" valve could lead to fines and penalties.

Certain inland waters have been designated as "No Discharge Zones" ("NDZ"). In these areas, even treated sewage cannot be discharged into the water. This means that even if you have a Type I or Type II MSD, you cannot use it in a NDZ. Coast Guard regulations require the vessel operator to padlock or keylock the door to the MSD while in a NDZ. Failure to secure the MSD while in a NDZ can also lead to hefty fines and penalties.

Presently, the Three Rivers have not been designated as a NDZ. It is permissible to discharge properly MSD-treated sewage into the Three Rivers. There is a trend, however, to designate more and more inland waterways as NDZs. All boaters should review applicable clean water regulations before venturing into new waters. A complete listing of NDZs can be found at the EPA’s web-site.

It is important to note that generally all inland freshwater lakes, impoundments and reservoirs that have no navigable connections with other bodies of water are considered NDZs. Lake Arthur, Pymatuning Reservoir and Shenango River Lake are all subject to this absolute inland "no discharge" rule. You cannot discharge treated or untreated sewage into these lakes or reservoirs. Boaters must padlock or keylock MSD access while on these waters.

"Porta-potties" are legal but are not considered installed toilets and are not subject to the MSD regulations. Keep in mind, however, that you cannot simply discharge the contents of a "porta-pottie" into the water – it is untreated sewage. Remember, it is illegal to discharge untreated sewage into the inland or coastal waters of the United States. Like a Type III MSD, the contents of a "porta-pottie" must be disposed at either an approved pump-out facility or an onshore toilet. The Fish & Boat Commission publishes a list on its web-site of every "pump-out" location in Pennsylvania. All boaters should print out this list and keep it handy.

III. Plastics and Other Garbage

The MARPOL Treaty, as well as the Federal Refuse Act, place limitations on the discharge of garbage from vessels. It is illegal to dump plastic trash anywhere in the ocean or the navigable waters of the United States. This includes synthetic ropes, fishing nets and plastic bags. There are no exceptions to this prohibition – you cannot throw plastics into any waterway in the world. In addition, it is illegal to dump paper, rags, glass, food, metal and other garbage in any inland or coastal waters. This restriction applies to all inland waterways and out to three (3) miles from shore. As you gradually move farther off-shore, the MARPOL Treaty allows vessel owners to discharge more and more types of garbage. Nonetheless, for purposed of most boaters reading this article, it is illegal to discard any plastics or other garbage into our Three Rivers. Penalties for violating these restrictions can be substantial.

There are additional requirements depending on the length of your vessel. Boats 26’ or larger must display a "Save Our Seas" Garbage Disposal Placard that outlines the offshore dumping restrictions. The placard must be at least 9"x4" and must be permanently affixed to the vessel. If the vessel is 40’ or longer, the operator must also have a written waste management plan describing how the crew will handle and address garbage during the voyage.

This article and its contents are being provided purely for informational purposes. If you have specific legal questions or concerns, please consult with your legal counsel.

Robert J. Burnett is a Director at the downtown law firm Houston Harbaugh, P.C. His practice is concentrated in business and commercial litigation. Robert is a member of the Admiralty Law Section of the American Bar Association as well as the Maritime Law Association of the United States and is active in the Recreational Boating Committee and Regulation of Vessel Operations, Safety, Security and Navigation Committee. Robert is also a member of the Waterways Association of Pittsburgh, the Pittsburgh Safe Boating Council and the Pennsylvania Boating Association. He can be reached at 412.288.2221 or rburnett@hh-law.com.

Submitted by: Robert J. Burnett, Esq.

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