QuestionsQuestions (CPA ADMINISTRATIVE ORDER NO. 118-2012)
It declares that discharge of all sorts of wastes in the Port of Cebu and its approaches shall be regulated to ensure wastes are properly contained/packed, labeled, collected, transported, disposed and treated in accordance with existing standards, conventions, and laws, to prevent/reduce pollution at sea and in ports.
It applies to all foreign and domestic vessels calling at the Port of Cebu and to all licensed/accredited Cargo Handling Service Providers (CHSPs) operating at the Baseport, Subports, Outports, Private Ports and Waste Contractors.
All types of waste, including sewage and residue other than cargo residue, generated during a ship’s service and covered by MARPOL Annexes I, II, IV & V, plus cargo associated waste such as spillage during loading/unloading, separation materials, fastening pallets, packing/casing materials, plywood/paper/cardboard, and other wastes arising from shipping/cargo handling.
Oily waste refers to waste from operation of machinery of the vessel or any cargo handling equipment, including waste lubricants, fuel processing/spills/leaks/residues and oily mixtures/refuse; oils are those listed in Annex A of the Order.
Cargo residue is remnants of any cargo material on board/in cargo holds or tanks generated or remaining after unloading and cleaning operations that must be disposed of; tank cleaning water and ballast waste are attributed to cargo residues.
Oil, oily waste, oil residues, noxious liquid substances/harmful substances, cargo residue, sewage, and garbage from ships/vessels including cargo handling operations-generated waste.
No person shall throw/dump ship-generated waste (including oil, oily waste, noxious liquid substances, cargo residue, sewage, garbage) in the sea within three (3) nautical miles from the nearest coastline within CPA’s territorial jurisdiction.
Otherwise exempted ships/vessels must offload/discharge their generated waste upon arrival, during stay, and before departure; collection, transportation, and disposal of those wastes into the shore reception facilities are obligatory.
No person shall throw/dump ship-generated waste and garbage generated from cargo handling operations in any part of the pier/wharf or in any premises of the Authority not designated for the purpose.
Only when the vessel is safely and properly anchored at the designated anchorage area or secured to a wharf, pier or buoy.
CPA may direct the vessel to offload/discharge its waste at the port reception facilities if the vessel provides proof or CPA has reasonable grounds to believe there is a risk of illegal discharge in transit.
CPA may deny port clearance and/or seek assistance of the Philippine Coast Guard to detain the ship until it offloads wastes; non-compliance with the advance notice requirement may also result in non-allocation of berth/non-issuance of berthing clearance and/or denial of entrance to CPA ports.
At least 24 hours before arrival for scheduled vessels and 36 hours for without regular schedules (before calling at port), the shipping company/agent/shipmaster must report to CPA’s Safety and Environment Division (SED), accomplish the Advance Notice Form for Waste Delivery to Port Reception Facilities (Annex C), and submit it to the Harbor Control Center (HCC) as part of berthing clearance application.
Segregation must be practiced at all times. Green bags for biodegradable garbage, black for non-biodegradable, and red for hazardous; if Green or Red bags are unavailable, black bags may be used but must be clearly labeled for the type of garbage.
Ship to dockside interface is standard; only when it cannot be possible may ship to ship interface be allowed.
The Harbor Control Center requires the departing vessel to show an original copy and submit a machine copy of WDR (Waste Delivery Receipt) as part of departure clearance; similarly, Port Management Offices require original and machine copy of WCTDTRR when clearing departing vessels.
Fines: 1st offense P25,000; 2nd offense P50,000; 3rd offense P100,000. Additionally, the offender pays all expenses for cleaning and damages; employer is liable if violation is attributable to it; CPA may suspend/revoke/cancel privileges if there is flagrant disregard/continuous violation; CPA may arrest the ship or withhold clearance for departure until fine/penalty and cleaning/damage expenses are paid.