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