legal questions and answers for boating and cruising

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Here we try and answer questions submitted by visitors. Selected questions must be of general interest and must not request specific legal advice for a specific situation.

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Click here to see archived questions and answers. (What are the licensing and registration requirements for a dinghy in Washington State? What are the basic boater education requirements for Washington and British Columbia? What constitutes a false distress call and what are the consequences and penalties? What should I know about drinking alcohol while we are boating? How can I check to make sure I have all the required equipment before I leave for a cruise this summer?)

This months question: What are the laws and rules for cleaning my boat in the water or in my slip?

This is a very good question. We will answer this question in the context of Washington State law. Other states have different laws and regulations. If you keep your boat in the water year-round it's a safe bet that your State's laws will regulate how you clean it while it's in the water. You can use this discussion as a good starting point.

Washington State has some very specific laws and regulations to protect the environment from pollutants.

It is illegal for "any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained,allowed to seep or otherwise discharged into such waters any organic or inorganic matter that shall cause or tend to cause pollution of such waters. RCW 90.48.080.

"Pollution means such contamination, or other alteration of the physical, chemical, or biological properties, or any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid , gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life. WAC 173-201A-020

"Any person who violates RCW 90.48.080 or other sections of this chapter or chapter 90.56 RCW (oil and hazardous substances spill prevention and response) or rules or orders adopted or issued pursuant to either of those chapters, shall incur, in addition to any other penalty as provided by law, a penalty in an amount uf up to ten thousand dollars a day for every such violation." RCW 90.48.144.

So the laws are pretty clear. If you put anything harmful into the water, it's considered pollution and it's illegal. This is especially important when considering cleaning of the hull under the water. The Washington Department of Ecology says: "It is illegal to perform underwater cleaning of hulls with soft, toxic coatings (ablative or sloughing)." You can face a fine up to $10,000. Pollution occurs when a hull with ablative paint is cleaned while in the water because the toxic chemicals are released when disturbed. Hulls with hard bottom paints are safe to clean while in the water. (click on the Hull Cleaning thumbnail to see a full size Dep't of Ecology poster.)

Cleaning the topsides of your boat can also cause pollution if you use harmful chemicals or cleaners. The Dep't of Ecology recommends that you do not allow soaps or detergents to enter the water. DOE recommends using materials that are not as harmful such as baking soda, (for scouring), vinegar & lemon juice, (for cleaning), cream of tartar and water, (for polishing aluminum), apple cider vinegar (for chrome polish), olive oil and almond oil (for wood polish), borax and hydrogen peroxide (instead of bleach) and elbow grease on dirt. However, even when using those materials the DOE states: "Use cleaning products sparingly and minimize the amount discharged into the water. Never dispose of any cleaning products down the thru-hull drain."

There are some phosphate free and biodegradable products that are far less harmful. These are available in many marine supply stores and on the internet. However, according to the Dep't of Ecology even biodegradable products may be toxic to the marine environment and overboard discharge should be minimized.

The bottom line is that you must be careful when cleaning or working on your boat while it is in the water. Strict enforcement of these laws and rules is not overwhelming but be aware of the restrictions and act accordingly. The best practice is to keep your boat as clean as possible year round so the spring cleaning is not too extensive and the use of powerful cleaning substances is not necessary. Work that will involve toxic materials should be done while your boat is out of the water in a boatyard.

The following are some cleaners that are advertised as non-toxic and non-polluting.

These can be purchased directly from Amazon.com. Click on a product photo for more information.

Murphy's Oil Soap will safely clean teak and other wood and is so concentrated a very small amount will do a big job.

Simple Green is a great all-round cleaner that is inexpensive and versatile (It works great to eliminate black streaks on fiberglass.)

Green Earth Organic glass cleaner, Star Brite Sea Safe boat wash, Latitude 43 Certified Organic boat soap, OrPIne boat soap,

Coleman bio-degradable soap, and Dri-Pak Pure soap flakes are all eco-friendly boat wash products.

Star Brite Sea Safe bio-degradable bilge cleaner is to get the crude and grunge from your bilge.

Camp Suds are perfect for the galley and work in cold water and in salt water.

Eco Clean Deck has 50 easy to use recipes for friendly cleaning solutions.

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