MARPOL 73/78 Shore Reception Facilities Rules

Policy objectives and intended results

PPA Administrative Order No. 02-2003 aims to comply with MARPOL 73/78 and other international conventions relative to reception facilities.
PPA Administrative Order No. 02-2003 requires controls that prevent or reduce marine pollution by controlling or prohibiting illegal discharge of wastes from vessels.
PPA Administrative Order No. 02-2003 directs that vessel-generated wastes must be properly collected, treated, and disposed of in an environmentally sound way consistent with existing standards and laws.

Coverage: where and who is covered

PPA Administrative Order No. 02-2003 applies to all PPA base ports, sub-ports, and private ports.
PPA Administrative Order No. 02-2003 applies to vessels, except warships, naval auxiliary ships, and other government-owned vessels used for non-commercial service.
PPA Administrative Order No. 02-2003 covers vessel-generated wastes corresponding to MARPOL 73/78 Annexes I (Oil), II (Noxious Liquid Substance), and V (Garbage).
PPA Administrative Order No. 02-2003 establishes a compulsory reception facility regime in all PPA base ports for receiving and disposing the covered wastes.
PPA Administrative Order No. 02-2003 provides a service access pathway for excluded government vessels upon request, subject to fees under Section 6.

Core definitions for facilities and wastes

Shore Reception Facility (SRF) is a physical system ashore or afloat used for receiving discharges of oily wastes, noxious liquid substances, and garbage from vessels.
Oily Wastes are wastes from cargo residues and machinery operation of a vessel, including waste lubricants, fuel processing, spills, leaks, oily residues, fuel sludge, and oily mixtures or refuse; the oils covered are those listed in Annex A.
Garbage means all kinds of victuals, domestic and operational waste excluding fresh fish and parts thereof, generated during normal operation and liable to be disposed continuously or periodically.
Noxious Liquid Substance (NLS) is any substance that, if discharged into the sea, presents a hazard (minor or major) to marine resources or human health, or causes serious harm to amenities or legitimate use of the sea; covered substances are listed in Annex B.
Treatment Facility is a physical plant established to treat, recycle, neutralize, stabilize, and disinfect wastes received from vessels.
Dirty Ballast Water is water introduced into a vessel tank contaminated with NLS or mixed with oil residue, or both.
Vessel means a ship, tanker, barge, floating craft, or platform used as a means of transportation on water.
Base Port is the port that is the center of administrative and operational activities within PPA’s Port Management Office (PMO).
Private Port is a port facility constructed and owned by a private person or entity.
Operator is the owner or company authorized by PPA to establish and operate reception and treatment facilities and render related services as authorized by PPA.
Biodegradable Waste is material reduced to finer particles (degraded or decomposed) by microbiological organisms or enzymes (example: food scraps, paper, refuse or similar material).
Non-Biodegradable Waste is inorganic solid waste that does not undergo decomposition and is non-compostable (example: plastic products, Styrofoam, ceramics, films, sachets for shampoo, coffee soap or milk).

Mandatory SRF regime and waste-handling rules

Every PPA base port must install an SRF to provide waste collection and disposal services for ships’ generated wastes covered under Section 3.1.
The disposal of garbage from a vessel into the reception facility is compulsory.
A fixed fee (flat rate) is imposed on every vessel covering the collection of 0.4 cubic meter or less of garbage.
Additional service fees are charged for collection of oily waste, NLS, and garbage beyond 0.4 cu. m., following the schedule in Section 6.
The fees under Section 5.1.2 include treatment/recycling and ultimate disposal of the collected wastes.
No imported wastes may be discharged at reception facilities.
The authorized private Operator must, upon docking, collect the subject wastes without causing undue delay and must provide and maintain SRF services on a 24-hour basis.
Warships, naval auxiliary ships, and other government-owned non-commercial vessels excluded under Section 3.1 may avail of the waste collection services upon request, subject to payment of fees in Section 6.
Dirty ballast water discharge into reception facilities is optional (and not covered by the order).
Waste collection time must take place preferably before or during cargo handling, provided transfer does not interfere with port operations.
Vessels must strictly observe environmental protection and port regulations implementing the ISM Code.

Exemptions and special cases

A vessel calling at the first port after dry-docking is exempt from payment of corresponding fees if it presents a certification issued by a MARI NA-accredited shipyard operator attesting that the vessel went to the shipyard for dry-docking.
A vessel of six (6) GRT and below must dispose of its waste into the facility but is exempt from paying the fixed and service fees.
A vessel other than passenger ferry calling at the next port of call is not required to use the reception facilities or pay the fixed fee if it already discharged wastes at the first port of call located within the country, provided the two calls occur on the same day; the Certificate of Service Rendered from the first port serves as evidence of exemption.
Garbage collection and fee treatment for subsequent collections depends on the vessel’s continuous docking frequency and classification under Section 5.4.3.

Prior notification, coordination, and vessel scheduling

A shipping agent/line/company applying for berth must accomplish and submit the “Wastes on Board Vessel Information Form” (Annex C) as part of the berth application to the authorized Berthing Officer.
The Berthing Officer must provide the Operator and the Harbor Operations Section of the PMO with a copy of the duly accomplished form.
The Operator must coordinate regularly with the PMO Harbor Operations Section, cargo handling contractor, Harbor Pilots, and shipping agents/lines/companies regarding vessel arrival schedules and other relevant information.
After notification of vessel arrival, the Operator must prepare a collection plan that will not disrupt port operations or cause vessel delay.
The Operator must establish coordination with the Port State Control Office or Station Commander of the Philippine Coast Guard responsible for inspection regarding MARPOL 73/78 requirements.

Waste segregation and collection procedures

Segregation of biodegradable and non-biodegradable waste must be observed when discharging into reception facilities.
Biodegradable waste must be placed in a separate colored plastic bag, yellow for biodegradable waste and black for non-biodegradable waste.
Black plastic bag may be used in lieu of yellow plastic bag if tied with a yellow ribbon or string.
Garbage that cannot be placed in plastic bags (e.g., used dunnage, shoring gears, wooden pallets) must be piled on deck beside garbage in plastic bags.
Garbage in plastic bags must be placed on deck only before or immediately upon docking.
The Operator may refuse collection of garbage that is not in plastic bags or garbage hanging over-board, while remaining entitled to collect the required fee.
Garbage collection for a vessel continuously docked at a wharf, pier, anchorage, or breakwater (inside or outside) must be made every two (2) days.
Garbage collected in succeeding collections for a continuously docked vessel is treated as excess garbage; additional fees apply under Section 6, and no fixed fee is charged for succeeding collections.
For a passenger ferry calling regularly at the same port for more than once a day, garbage disposal into the reception facility must be made on every call.
Garbage collected from foreign vessels must be disinfected prior to disposal.
Collection of oily waste or NLS from foreign vessels must be done on a per entry basis; a vessel intending to call several ports in the Philippines must dispose the waste at the first port of call.
Retained NLS, oil sludge, or oily waste in the vessel holding tank subject to disposal must be discharged immediately after docking using a standard connection on deck.
If no standard connection exists, retained wastes must be contained in drums for unloading at the reception facility if practicable.
Vessels of 400 GRT and above and vessels carrying NLS must keep an Oil Record Book and Cargo Record Book respectively, and must make them available for inspection at reasonable times by representatives of authorized government agencies such as the Philippine Coast Guard and PPA.

Certificates and official receipts

Immediately after waste collection service is rendered, the Operator must issue the “Certificate of Service Rendered” to the vessel and furnish a copy to the Harbor Operations Section of the PMO; the sample format is in Annex D.
After payment of required SRF fees, the Operator must issue the corresponding Official Receipt.

Fee schedule and fee computation

The fixed fee (flat rate) covers the collection of 0.4 cu m or less of garbage.
The additional fee applies to garbage/oily wastes/NLS in excess of 0.4 cu m, following the schedule in Section 6.
Domestic passenger ferry regardless of GRT that calls at base and private ports for more than once a day is assessed Php 30 /call fixed fee, Php 30 / call additional fee, and Php 1,300/cu m excess fee for oily waste and NLS.
Domestic passenger/cargo vessel from 7 GRT to 400 GRT is assessed Php 30 /call fixed fee, Php 30 / 0.4 cu m additional fee, and Php 1,300/cu m excess fee for oily waste and NLS.
Domestic passenger/cargo vessel of 401 GRT to 1000 GRT is assessed Php 150/call fixed fee, Php 150 / 0.4 cu. m additional fee, and Php 1,300/cu m excess fee for oily waste and NLS.
Domestic passenger/cargo vessel of 1001 GRT and above is assessed Php 500/call fixed fee, Php 450 / 0.4 cu. m additional fee, and Php 1,500/cu m excess fee for oily waste and NLS.
Foreign vessel 1000 GRT and below is assessed Php 1,700/call fixed fee, Php 550 / 0.4 cu. m additional fee, and Php 1,500/cu m excess fee for oily waste and NLS.
Foreign vessel 1001 GRT and above is assessed Php 5,000/call fixed fee, Php 600 / 0.4 cu. m additional fee, and Php 1,500/cu m excess fee for oily waste and NLS.

Payment rules and responsible offices

Fees for services for tramper vessels must be paid on a “cash and carry” basis.
For regular callers, fees must be paid upon presentation of the bill by the Operator.
PMOs must provide a space for the SRF operator’s revenue collection staff beside or near their cashier’s staff to facilitate payment and collection.
PDOs, PMOs, owners/operators of private ports, cargo handling contractors, and shipping agents/lines/companies must provide necessary information and form of assistance to attain the objectives of the order.
The Safety and Environmental Management Division of the Port Operations and Services Department oversees SRF reception and treatment facility operations and must emphasize technical compliance with local and international standards.
The Safety and Environmental Management Division must submit a quarterly report to management, establish a database for vessel-generated wastes, conduct a study relative to collection/treatment/disposal of other ships’ wastes such as sewage, and be responsible for port waste management planning and review.

Inspection rights and visitorial powers

The Operator must make available during office hours for inspection, examination, and audit by the Authority and other government agencies exercising visitorial powers all books of accounts, properties, inventories, and operational and financial records.

Penalties, administrative consequences, and contract impacts

Failure of a vessel to pay SRF fees under Sections 6 and 7 is a ground for the Authority to disallow entry/berthing of incoming vessels and refuse departure of outgoing vessels of the concerned shipping lines/agents, in addition to penalties under Section 43 of Presidential Decree No. 857.
Nonpayment consequences apply without prejudice to filing charges against the violator when warranted.
Failure of a vessel to discharge oily waste or NLS stored in the slop tank into the reception facility after verification by the Philippine Coast Guard or other authorized agency that the tank is full and warrants removal or reduction of content is a ground for non-issuance of departure clearance.
Demurrage incurred due to delay in scheduled departure time is on the account of the Operator if the delay is attributed to the Operator’s failure to complete services on time.
Inability of the Operator to complete services on time is a ground for cancellation of its contract with the Authority.

Separability, amendment, repealing, and effectivity

If any provision of PPA Administrative Order No. 02-2003 or its application is declared invalid, the remaining provisions and applications remain effective under the separability clause.
PPA Administrative Order No. 02-2003 is subject to review and amendment of its basic provisions to make it more effective in achieving its purposes.
All policies, rules, regulations, or parts inconsistent with PPA Administrative Order No. 02-2003 are deemed repealed or modified accordingly.
PPA Administrative Order No. 02-2003 takes effect fifteen (15) days after publication in any newspaper of general circulation, provided that the prescribed facilities in covered ports have been installed and commissioned.