3.8 Marine Environmental Protection & Pollution Regulations

The Framework: MARPOL and APPS

Marine pollution is governed by an international treaty, MARPOL (the International Convention for the Prevention of Pollution from Ships), carried into U.S. law by the Act to Prevent Pollution from Ships (APPS) and enforced by the Coast Guard. Its annexes cover oil, sewage, garbage, and more. A charter operator is personally responsible for pollution from the vessel, and the penalties - civil fines and, for willful violations, criminal prosecution - are severe.

Oil: The Sheen Rule and the Placard

Under the Federal Water Pollution Control Act (Clean Water Act), it is illegal to discharge oil or oily waste into U.S. navigable waters in a quantity that causes a film or sheen on the surface, or a sludge or emulsion beneath it - the practical test known as the sheen rule. You may not pump an oily bilge overboard. Instead, use oil-absorbent pads in the bilge, keep the engine and fuel systems from leaking, and dispose of oily waste and used oil ashore at a reception facility.

To keep this rule in front of the crew, federal regulation (33 CFR 155.450) requires every vessel 26 feet or more in length to post a durable oil-discharge placard, at least 5 by 8 inches, in a conspicuous spot in the machinery space or at the bilge-pump station, stating the discharge prohibition and its penalties.

Sewage and Marine Sanitation Devices

Vessel sewage is controlled through marine sanitation devices (MSDs), certified under 33 CFR Part 159, and there are three types:

The rules on where sewage may go are strict: untreated sewage may never be discharged within three nautical miles of shore (inland and territorial waters). Inside those waters you must use a Type III holding tank or a Type I/II device that treats before discharge. In a designated No-Discharge Zone (NDZ), no sewage - even treated - may be discharged, so the tank's overboard Y-valve must be secured (wired or padlocked shut) to prove compliance to a boarding officer.

Garbage: The MARPOL Annex V Rules

MARPOL Annex V governs garbage, and its cardinal rule is absolute: plastics may never be discharged into the sea, anywhere. Beyond that, the discharge of other garbage is sharply restricted by distance from shore, with the strictest limits close in. The classic tiered scheme that appears on the required placard is:

• Inside 3 nm - discharge of all garbage is prohibited.
• 3 to 12 nm - only ground/comminuted food waste (passed through a grinder to less than one inch) may be discharged; no plastics, and no other garbage.
• Beyond 12 nm - food waste and certain non-plastic wastes may be discharged, subject to the rules; plastic never.

To keep these rules visible, 33 CFR 151.59 requires vessels 26 feet or more in length to display a durable MARPOL garbage placard (at least 5 by 8 inches) notifying crew and passengers of the discharge restrictions. Larger operations have added paperwork: an oceangoing U.S. ship 40 feet or more in length with a galley and berthing must carry a written Waste Management Plan, and ships of 400 gross tons or carrying 15 or more persons on an international voyage must keep a Garbage Record Book. For a small charter, the placard and the plastics ban are the load-bearing facts - and in practice you simply keep all garbage aboard and land it ashore.

Reporting a Spill

If oil or a hazardous substance is discharged - by your vessel or one you witness - you have a legal duty to report it immediately to the National Response Center (NRC) at 1-800-424-8802, the 24-hour line staffed by the Coast Guard. Report the location, source, type and quantity, and any responsible party. Failing to report a spill is itself a federal crime, separate from the discharge. Do not try to hide a sheen by spreading detergent or dispersant - using soap to sink a sheen is illegal and makes the pollution worse.

Scenario. Fueling your six-pack, you overflow the tank and a cupful of gasoline runs off the deck into the water, spreading a visible sheen. You stop the flow, deploy absorbent pads, and - because the sheen is a reportable discharge - you call the National Response Center at 1-800-424-8802 to report it. You do not reach for dish soap to disperse it, which would be a second violation. Your 5-by-8-inch oil placard in the engine space and your garbage placard are already posted because the boat is over 26 feet, and all trash - especially any plastic - stays aboard for disposal ashore.