Question & AnswerQ&A (PPA ADMINISTRATIVE ORDER NO. 08-2018)
The authority is derived from Presidential Decree No 857, as amended, PPA Board Resolution No 2736, various PPA Administrative Orders including Nos. 16-95, 08-1996, 02-2003, 07-2015, 05-2018, 03-2016, and the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), as well as a Supreme Court decision ordering cleanup of Manila Bay.
The purpose is to ensure the continuity of providing shore reception facility (SRF)/waste disposal services in ports under the jurisdiction of the Philippine Ports Authority (PPA).
A Shore Reception Facility is defined as a physical system ashore or afloat used for receiving discharges of oil refuse and other types of waste from vessels.
They must be a duly qualified Terminal Operator, Cargo Handling Operator, or SRF service provider with at least one year relevant experience, compliant with DENR requirements, have a safe and efficient waste management system and plan, principals with no pending cases or criminal records, and possess necessary equipment.
The government share is ten percent (10%) of the gross income derived by the service provider from SRF/waste disposal services during the immediately preceding month, payable monthly through the PMO concerned.
Grounds include violation of PD 857 and related regulations, engaging in unauthorized activities, non-payment of fees for over three months, failure to maintain efficient service, misrepresentation or falsification in application, and use of the PTO for illegal or immoral activities.
The PMO is responsible for approving or denying applications for PTO, supervising the operations of service providers, enforcing permit terms and regulations, and undertaking projects directly if private sector interest is lacking or in urgent situations.
Violations are subject to administrative fines and penalties under Section 43 of PD 857, as amended by Executive Order No. 513, including potential liabilities under international conventions, general laws such as the Civil Code, and relevant special laws.
The SRF operator must send written notice at least 48 hours prior to cessation. Withdrawal or suspension results in automatic cancellation of the PTO. The Port Manager determines the effect of such cessation considering reasons and the need for service continuity.
Yes, registered private ports are primarily responsible for providing such services either by themselves or by contracting qualified third-party service providers who must apply jointly with them for a PTO from the PMO.
The PMO may directly operate SRF services when private sector interest is absent due to substantial project capitalization, ensuring continuity for environmental protection and public safety, or due to failure or unavailability of other service providers.