Litter Laws On the Water

It is the responsibility of every boat owner to familiarize themselves with federal, state, and local regulations concerning litter and pollution and to comply with them. The following are state and federal regulations regarding littering and polluting from a boat.

State Regulations

OHIO REVISED CODE 1547.49: LITTERING FROM A VESSEL
(A) As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, vessel parts, vehicle parts, furniture, glass, or anything else of an unsightly or unsanitary nature.

(B) No operator or occupant of a vessel shall, regardless of intent, throw, drop, discard, or deposit litter from any vessel in operation or control upon or in any waters in this state, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

(C) No operator of a vessel in operation upon any waters in this state shall allow litter to be thrown, dropped, discarded, or deposited from the vessel, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

Although each person is responsible for his or her own behavior, the law clearly places responsibility on the operator of the boat to make sure passengers comply. Proper placement into litter receptacles includes making sure it will not be carried off by wind, water, or other elements.

OHIO REVISED CODE 6111.04--ACTS OF POLLUTION PROHIBITED; EXCEPTIONS
No person shall cause pollution or place or cause to be placed any sewage, industrial waste, or other wastes in a location where they cause pollution of any waters of the state, and any such action is hereby declared to be public nuisance.
OHIO REVISED CODE 1547.33--VESSEL SANITARY SYSTEMS PROHIBITED; EXCEPTION
Except on the waters of Lake Erie, the Muskingum River, or the Ohio River, no person shall launch, moor, dock, use, or operate on any of the waters in this state any vessel that contains a sink, toilet, or sanitary system that is capable of discharging urine, fecal matter, contents of a chemical commode, kitchen wastes, laundry wastes, slop sink drainage, or other household wastes into the waters in this state. Such sink, toilet, or sanitary system shall be removed or sealed or made to drain into a tank or reservoir that can be carried or pumped ashore for disposal in a sewage treatment works approved by the director of environmental protection.

MSDs on Lake Erie, the Muskingum River, and the Ohio River

An MSD (Marine Sanitation Device) is a special kind of toilet for boats. Toilets that discharge raw sewage directly over the side are illegal in state as well as federal waters.

Type III MSDs are certified to a no-discharge standard. This is the only type that is allowed on Ohio's waters. Type III devices include recirculating and incinerating MSDs and holding tanks. Holding tanks are probably the most common kind of Type III MSD found on recreational boats. Sewage is stored in the holding tank until it can be pumped out to a reception facility on shore. Reception facilities (sometimes called pump out stations) are required by Coast Guard regulations. Their availability at marinas or other locations is largely a function of local boater demand. Most cruising guides and boating almanacs list the availability of pump out stations.

Federal Regulations

SECTION 312 OF THE CLEAN WATER ACT
The direct discharge of sewage from a vessel is not permitted in the Great Lakes or any inland bodies of water. If a vessel has a toilet or head installed, it must be equipped with an operable MSD.

Type I and II MSDs are not allowed in Ohio. These types of MSDs are used primarily three miles from shore in ocean water. If your boat has this type of MSD onboard, the "Y" valve or discharge valve that directs treated sewage overboard must be disabled or sealed.

Vessels 65 feet in length and under operating 3 nautical miles from shore in ocean water may install a Type I, II, or III MSD.

Vessels over 65 feet in length operating 3 nautical miles from shore in ocean water must install a Type II or III MSD.

ANNEX V OF MARPOL (MARINE POLLUTION) 1973, 1978
United States Coast Guard regulations prohibit dumping of plastic refuse and garbage mixed with plastic into any waters, and restrict dumping of other forms of garbage. It is illegal to dump plastic, dunnage, and lining or packing materials that float, or any garbage within 25 miles of an ocean shoreline and in U.S. lakes, rivers, bays, and sounds.

THE REFUSE ACT OF 1899
The Refuse Act of 1899 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.

THE FEDERAL WATER POLLUTION CONTROL ACT
The Federal Water Pollution Control Act prohibits the discharge of oil or hazardous substances which may be harmful into U.S. navigable waters. Vessels 26 feet in length and over must display a placard at least 5 by 8 inches, made of durable material, fixed in a conspicuous place in the machinery spaces, or at the bilge pump control station. Violators are subject to a penalty of $5,000.

DISCHARGE OF OIL PROHIBITED
The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable waters of the United States or the waters of the contiguous zone if such discharge causes a film or sheen upon, or discoloration of, the surface of the water. Violators are subject to a penalty of $5,000.