Copper Boat Paint – New law in effect Jan. 1, 2018
RCW 70.300.020 - Antifouling paint containing copper
- Beginning January 1, 2018, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale in this state any new recreational water vessel manufactured on or after January 1, 2018, with antifouling paint containing copper.
- Beginning January 1, 2020, no antifouling paint that is intended for use on a recreational water vessel and that contains more than 0.5 percent copper may be offered for sale in this state.
- Beginning January 1, 2020, no antifouling paint containing more than 0.5 percent copper may be applied to a recreational water vessel in this state.
It’s Illegal to Pollute!
If you spill oil or a hazardous substance to state waters,
you must call:
State Emergency Management Division at
U.S. Coast Guard at
Photo: absorbent boom collecting diesel fuel spilled in shellfish harvesting area
If you are found to be responsible for a spill, you may be fined
up to $10,000 per violation. If you are found to be responsible
for a negligent oil spill, you may be fined up to $100,000 for
each day the oil poses a risk to the environment. Intentional
oil spills can result in a penalty of up to $500,000 per day
that oil poses a risk to the environment.
RCW 90.56.280: Any person spilling oil or hazardous
substance “or otherwise causing, permitting, or allowing the
same to enter the waters of the state, unless the discharge or
entry was expressly authorized by the department prior thereto
or authorized by operation of law under RCW 90.48.200, to
immediately notify the coast guard and the division of emergency
You Must Clean Up the Spill
RCW 90.56.340: "It shall be the obligation of any person
owning or having control over oil entering waters of the state
in violation of
RCW 90.56.320 to immediately collect and remove the same."
You Must Reimburse State Costs
RCW 90.56.360: "Any person who unlawfully discharges oil or
hazardous substances into the waters of the state or who poses a
substantial threat of discharging oil or hazardous substances
into the waters of the state shall be responsible for the
necessary expenses incurred by the state in carrying out a
project or activity authorized under
You Are Liable for
RCW 90.56.370: "Any person owning oil or having control over
oil that enters the waters of the state in violation of RCW
90.56.320 shall be strictly liable, without regard to fault,
for the damages to persons or property, public or private,
caused by such entry."
90.56 - Oil and hazardous substance spill prevention and
RCW 90.56.320: It is illegal for "oil to enter the waters of
the state from any ship or any fixed or mobile facility or
installation located offshore or onshore whether publicly or
privately operated, regardless of the cause of the entry or
fault of the person having control over the oil, or regardless
of whether it be the result of intentional or negligent conduct,
accident or other cause." A ship means "any boat, ship, vessel,
barge, or other floating craft of any kind."
RCW 90.56.330: Any person who "negligently discharges oil,
or causes or permits the entry of the same, shall incur, in
addition to any other penalty as provided by law, a penalty in
an amount of up to one hundred thousand dollars for every such
violation, and for each day the spill poses risks to the
environment as determined by the director.” And any person who
“intentionally or recklessly discharges or causes or permits the
entry of oil into the waters of the state shall incur, in
addition to any other penalty authorized by law, a penalty of up
to five hundred thousand dollars for every such violation and
for each day the spill poses risks to the environment as
determined by the director."
90.48 - Water pollution control
RCW 90.48.080: 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."
WAC 173-201A-020: "Pollution" means contamination or
alteration of the physical, chemical, or biological properties
of any waters of the state that render such waters harmful,
detrimental, or injurious to the public health, safety, or
WAC 173-201A-240: The concentration of copper in marine
waters cannot be above 3.1 parts per billion.
RCW 90.48.144: Any person who violates "RCW
90.48.080, or other sections of this chapter or chapter
90.56 RCW 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 of up to ten
thousand dollars a day for every such violation."