Is it legal to throw my old rusted out holding tank overboard offshore? If so how fa

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Well, considering that the OP had already decided that was what he was going to do before he asked it.

Makes you wonder why he came here and asked it. He was even offered assistance by one member and didn't even respond to the offer. Yet he cursed those who didn't agree with his course of action. I just hope he has a plan for sinking the tank without sinking his boat as I can't see that getting it out and properly prepared to sink and stay down being an easy task and while it won't do harm on the bottom in deep water, it sure might if it's allowed to surface.
 
Well, considering that the OP had already decided that was what he was going to do before he asked it, I have to agree with you.

A lot of people's time was wasted and feelings were hurt.

Of course we would never want to hurt ones feelings now would we...:banghead:
 
Makes you wonder why he came here and asked it. He was even offered assistance by one member and didn't even respond to the offer. Yet he cursed those who didn't agree with his course of action. I just hope he has a plan for sinking the tank without sinking his boat as I can't see that getting it out and properly prepared to sink and stay down being an easy task and while it won't do harm on the bottom in deep water, it sure might if it's allowed to surface.

Personally, if I was thinking of doing anything illegal or even questionable, I would not publish my intentions on the Internet and I would do it myself if possible so there would be no witnesses.

I wonder sometimes if there's someone at the forum making up some of these posts just to keep the forum active. :rolleyes:
 
Who's feelings were hurt? Why is there something wrong with asking the question? And please tell me what you would do if you were in my situation sugardog? Wesk?
 
Who's feelings were hurt? Why is there something wrong with asking the question? And please tell me what you would do if you were in my situation sugardog? Wesk?

I already posted what I would do in your situation. You apparently overlooked my posts.

As for asking the question, it's pretty clear that you had already made up your mind to dump the tank (trash) overboard.
 
"Put the tank on the curb.." Obviously you have not taken the time to read about my circumstances... "Wave a magic wand.." also might work.. First, I have not yet had my stitches removed after having 30% of my liver removed because of a cancerous tumor. Second, My Lady was just recently returned to a mooring ball in Boot Key Harbor in Marathon, Florida which was just destroyed by a category 4 hurricane. I lost my job as a taxi driver here for obvious reasons and I'm in a hotel compliments of FEMA thank God until the 7th. I'm still not comfortable getting into and out of my kayak, my dinghy was destroyed. The harbor is strewn with sunken boats and debris and the city marina is not open and operating yet. Boat yards are cluttered with damaged boats. "Leave the tank at the curb??" Cool, thanks, never thought of that...
 
BandB. Who offered help? I missed it!
 
Maybe I missed what you would do Wesk.. Tell me again...
 
Someone also always gives the advice that if you dont like a thread, you dont have to read/ participate in it....and yet here they are....:)

This place is definitely amusing some days.

Bigfish, I do think someone who lives farther up the Keys or nearby said something about helping.... Planobilly back in post 65 I think.
 
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Thank You!

Bigfish, you talk about taking friends on a leisurely cruise to dump the tank overboard. Why couldn't those friends take the tank to shore to a recycling facility?

Your logic is illogical.
 
Posts 14, 20, 21 were thank yous.....

But it has degraded with less help and plenty of opinions, plus return fire.

Time to mosey on.....
 
Hey planobilly! Thank you for your offer! I missed a number of these responses including yours. Please call me at 305 928 9035. Thanks!
 
............... I was ALSO asking for suggestions as an alternative! What do you not understand here??

You were given dozens of alternatives and you ignored them.

As far as asking about being legal to dispose of trash overboard, a web forum is not a good place to get a definitive answer. A call or better yet, an email to the US Coast Guard would give you an answer you can rely on.
 
Oh, I understand it all. I understand you like to call people names then attack those who call you out for it. You asked for suggestions, you got them, you ignored them. I pointed you back to the post you missed and I get called a pompous ass and arrogant jerk for doing so and then it's blamed on liberalism. Perhaps my real mistake as a liberal was even caring enough to try to assist you. That's liberalism too I guess. You don't like responses so attack us, yet none of us have called you any names. Good luck with your dumping. I hope no one gets injured in the process, meaning you and the guys you intend to fill with beer and take with you, the ones who can dump in the water but not on land.
 
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Asking for advice that leads to a link to the legal source or a special USCG phone number, a forum is a perfect place.

Randomly calling USCG facilities may or may not get you anywhere faster.....the hold times between an internet forum and the USCG phone system might be about the same. :)
 
Someone please clarify the "breaking the law" part. If the vessel is 12+nm from shore, not in a protected zone (like Pennekamp), where is the issue with dumping metal and human waste? I do recall some regs referencing materials being no larger than 1", but not sure if that applies here or if that was the Great Lakes.
 
I asked originally if it was legal! You still don't know and don't care. I'd be happy ti get rid of it on land but I dare YOU to find me a dock where they will allow me to remove the tank at the moment. Send me their phone number please. First, I have ro get the tank out from under my battery bank which because of my recent major surgery I'm incapable of doing it myself. Perhaps I musunderstood you and jumped to conclusions out of frustration. Please accept my apology. What would you suggest I do again?
 
I'm serious. What would you suggest I do now?
 
The problem with asking legal questions on a web forum is that you often get conflicting opinions. At that point, you have learned nothing except that at least some of the replies are incorrect. A reply from the Coast Guard (the people who may or may not give you a ticket) is second only to a reply from a maritime attorney. And that's going to cost you.

And not to beat a dead horse, but selling the tank to a scrap dealer takes care of the legal issue.
 
I currently can't even get it out of my boat by myself. Boatyards are swamped and backed up.. Thanks for your help..
 
I'm serious. What would you suggest I do now?

Since you have your mind stuck on this dumping the tank overboard with the help of your friends and can't think of another way to solve this issue yourself:

1) Ask your friends to come to your boat (I assume by dinghy since you can't get to a dock) and remove the tank and place it on deck. Now, head for the nearest public boat landing or dock where your friends can offload the tank and take it to a scrapyard.

2) Do as above to get the tank removed and placed on the deck (have it pumped out first). Tape up all the openings and tie a line to the tank. Toss it overboard where it should float. Using the attached line, tow it to shore where your friends can take it to a scrapyard.
 
Thanks...
 
I asked originally if it was legal! ...What would you suggest I do again?

The first apparent accurate reply was way back in #3.

from: https://www.gpo.gov/fdsys/pkg/CFR-2015-title40-vol25/pdf/CFR-2015-title40-vol25-chapI-subchapH.pdf

you will read this:
(1) No person shall transport from
the United States any material for the
purpose of dumping it into ocean
waters;
(2) In the case of a vessel or aircraft
registered in the United States or flying
the United States flag or in the
case of a United States department,
agency, or instrumentality, no person
shall transport from any location any
material for the purpose of dumping it
into ocean waters; and

(3) No person shall dump any material
transported from a location outside
the United States:
(i) Into the territorial sea of the
United States; or
(ii) Into a zone contiguous to the territorial
sea of the United States, extending
to a line twelve nautical miles
seaward from the base line from which
the breadth of the territorial sea is
measured, to the extent that it may affect
the territorial sea or the territory
of the United States.

THere are almost 200 pages of this stuff; but metal beyond 12nm seems to be legal, just don't say it contains "sewage sludge" since that is specifically called out as special. I forgot where, in there somewhere.... I (we) have a lot of investment in this tank. :)
 
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The first apparent accurate reply was way back in #3.

from: https://www.gpo.gov/fdsys/pkg/CFR-2015-title40-vol25/pdf/CFR-2015-title40-vol25-chapI-subchapH.pdf

you will read this:
(1) No person shall transport from
the United States any material for the
purpose of dumping it into ocean
waters;
(2) In the case of a vessel or aircraft
registered in the United States or flying
the United States flag or in the
case of a United States department,
agency, or instrumentality, no person
shall transport from any location any
material for the purpose of dumping it
into ocean waters; and

(3) No person shall dump any material
transported from a location outside
the United States:
(i) Into the territorial sea of the
United States; or
(ii) Into a zone contiguous to the territorial
sea of the United States, extending
to a line twelve nautical miles
seaward from the base line from which
the breadth of the territorial sea is
measured, to the extent that it may affect
the territorial sea or the territory
of the United States.

THere are almost 200 pages of this stuff; but metal beyond 12nm seems to be legal, just don't say it contains "sewage sludge" since that is specifically called out as special. I forgot where, in there somewhere.... I (we) have a lot of investment in this tank. :)

No, it's illegal. He is not allowed to transport material for the purpose of dumping it into ocean waters.

Only if it came from outside the US is it legal to dump outside of 12 miles.
 
Thank you!
 
diver dave,

Thanks for posting a reference, and that clarifies things. While there's always exceptions but unless one is posted, I believe we have proven that this act IS illegal.

But, there have been a lot of other options posted. Seems like the big issue is that there's just little infrastructure rebuilt enough to be usable, and help hard to find in the keys.

The little porta potty, could be a solution and pretty cheap and simple until things get better. 5 gal of stuff is not that hard to handle in a kayak. And if 5 is too much, take 2 or 3 gal at a time. That's probably not much more than a grocery load.
 
May be the temporary solution..
 
No, it's illegal. He is not allowed to transport material for the purpose of dumping it into ocean waters.

Only if it came from outside the US is it legal to dump outside of 12 miles.

Yes, sorry. I foibled my own evidence. I read a bit more into the EPA CFR, hoping to find a better definition of "dumping" and "material", looking for a minimum quantity, weight, etc. but no dice.
 
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No, it's illegal. He is not allowed to transport material for the purpose of dumping it into ocean waters.

Only if it came from outside the US is it legal to dump outside of 12 miles.

Is it legal to go over the posted speed limit ?
 
Have you considered trying to repair in place???
Seems like you are going through a lot of **** right now!!
Perhaps it is worth trying a temporary fix with JB Weld or similar??
Plus, who is watching what happens at 12 miles out unless you are in the illegal alien high traffic route??
 
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