Title
Supreme Court
MARPOL 73/78 Shore Reception Facilities Rules
Law
Ppa Administrative Order No. 02-2003
Decision Date
Apr 21, 2003
PPA Administrative Order No. 02-2003 mandates the establishment of Shore Reception Facilities (SRF) at all base ports to ensure the proper collection, treatment, and disposal of vessel-generated wastes, in compliance with MARPOL 73/78 and to prevent marine pollution.

Law Summary

Objectives

  • Compliance with MARPOL 73/78 and related international conventions
  • Prevention or reduction of marine pollution by controlling illegal discharge of vessel wastes
  • Proper collection, treatment, and environmentally sound disposal of ship-generated wastes according to existing laws and standards

Scope of Application

  • Covers all PPA base ports, sub-ports, and private ports
  • Applies to vessels except warships, naval auxiliaries, and government vessels used for non-commercial service
  • Encompasses vessel-generated wastes covered under MARPOL Annexes I (Oil), II (Noxious Liquid Substances), and V (Garbage)

Key Definitions

  • Shore Reception Facility (SRF): physical facilities ashore or afloat receiving oily wastes, noxious liquids, and garbage from vessels
  • Oily Wastes: wastes from cargo residues and vessel machinery operations, including lubricants, fuel residues, oil sludge
  • Garbage: victuals/domestic and operational waste excluding fresh fish, generated during vessel operation
  • Noxious Liquid Substance (NLS): substances harmful to marine resources, human health, or sea use, listed in Annex B
  • Treatment Facility: plants treating, recycling, neutralizing, disinfecting vessel wastes
  • Dirty Ballast Water: tank water contaminated with oily substances or noxious liquids
  • Vessel: ships, tankers, barges, floating crafts/platforms used in water transportation
  • Base Port: primary administrative and operational port within PPA Port Management Office
  • Private Port: port owned by private entities
  • Operator: authorized entity operating reception and treatment facilities
  • PPA: Philippine Ports Authority
  • Biodegradable and Non-Biodegradable Waste: classification of wastes based on ability to decompose

General Guidelines: Compulsory Regime

  • SRFs mandatory in all PPA base ports
  • Mandatory disposal of vessel garbage into SRFs
  • Fixed fee covers collection of 0.4 cubic meters or less garbage; additional fees charged for excess garbage, oily wastes, and NLS according to schedule
  • Fees include collection, treatment/recycling, and disposal
  • No discharge of imported wastes allowed
  • Operators to provide 24-hour waste collection service without delaying vessel operations
  • Excluded vessels (warships, government non-commercial ships) may avail services upon request and fee payment

Exemptions

  • Vessels calling first port after dry-docking exempt from fees with MARINA-certified proof
  • Vessels of six (6) GRT or less exempt from fees but must still dispose wastes in facility
  • Vessels (except passenger ferries) calling next port same day, having discharged wastes at first port, exempt from fees with Certificate of Service Rendered
  • Discharge of dirty ballast water into SRF is optional

Prior Notification and Coordination

  • Vessel agents to submit "Wastes on Board Vessel Information Form" prior to berth application
  • Berthing Officer to relay info to Operators and harbor operations
  • Operators to coordinate schedules with PMO Harbor Operations, cargo handlers, pilots, agents
  • Waste collection plans to avoid port or vessel delays
  • Cooperation with Philippine Coast Guard and Port State Control for MARPOL inspections

Waste Collection Procedures

  • Waste disposal preferably before or during cargo operations without disrupting port activities
  • Compliance with ISM Code on environmental protection mandatory
  • Garbage segregation into biodegradable (yellow bag) and non-biodegradable (black bag) with specific handling of bulky garbage
  • Garbage collection every two days for vessels docked long-term; additional fees for excess
  • Passenger ferries dispose garbage at every port call
  • Foreign vessels' garbage must be disinfected before disposal
  • Oil and NLS collection per vessel entry; multi-port calls dispose oil/NLS at first port
  • Retained oily wastes discharged via standard connections or in drums when connection unavailable
  • Vessels 400 GRT+ and those carrying NLS must maintain Oil Record Book and Cargo Record Book, subject to inspection

Certification and Payment

  • Operators to issue "Certificate of Service Rendered" after collection, copies to PMO Harbor Operations
  • Official receipts issued upon payment
  • Payment terms include "cash and carry" for trampers, billing for regular callers

Fee Schedule

  • Fixed and additional fees vary by vessel type (domestic, foreign), gross registered tonnage, and frequency of calls
  • Fees cover collection up to 0.4 cubic meters, excess garbage, oily waste, and NLS

Operational Responsibilities

  • PMOs to provide facilities for fee collection
  • PDOs, PMOs, port owners/operators, cargo handlers, and shipping agents must cooperate to achieve objectives
  • PPA Safety and Environmental Management Division to oversee SRF operations ensuring compliance with standards
  • Division tasked with reporting, waste data collection, further studies on ship wastes including sewage, and port waste management planning

Visitorial Powers

  • Operators must grant inspection, audit, and examination rights to PPA and authorized agencies

Legal Provisions

  • Separability clause protects validity of remaining provisions if any part declared invalid
  • Order subject to future review and amendment for effectiveness

Penalties

  • Non-payment of fees can lead to refusal of port entry/berthing or departure clearance
  • Failure to discharge oily wastes/NLS after verification results in refusal of departure clearance
  • Operators causing service delays responsible for demurrage; may face contract cancellation

Repealing Clause

  • Inconsistent policies and rules are repealed or modified accordingly

Effectivity

  • Effective 15 days after publication following installation and commissioning of required facilities at covered ports

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