Scope
- Applies to all foreign and domestic vessels calling at Cebu Port.
- Includes all licensed and accredited Cargo Handling Service Providers (CHSPs) at the baseport, subports, outports, private ports, and authorized waste contractors.
Definitions
- CPA: Cebu Port Authority.
- Administration: Government under which a ship operates, including coastal states for fixed or floating platforms.
- Ship-Generated Waste: Includes sewage, residues (excluding cargo residue), and cargo-associated waste such as spillage, packaging, and other shipping wastes.
- Oily Waste: Waste derived from vessel machinery or cargo handling equipment, including lubricants, fuel residues, and oil mixtures.
- Noxious Liquid Substance (NLS): Substances hazardous to marine or human health, listed in relevant annexes and codes.
- Cargo Residue: Remnants after unloading cargo and cleaning, including tank cleaning water and ballast waste.
- Sewage: Waste from toilets, medical facilities, animal spaces, and similar sources.
- Garbage: Domestic and operational waste excluding fresh fish, generated continuously or periodically during ship operation.
- Segregation: Solid waste management practice separating materials for recycling, reuse, and volume reduction.
- Shore Reception Facilities: Systems ashore or afloat for receiving oily wastes, NLS, garbage, and cargo handling wastes.
- Waste Contractor: Licensed entity authorized to collect, transport, store, recycle, dispose, and treat waste, and provide reception facilities.
General Guidelines
Mandatory Procedures
- CPA shall provide adequate shore reception facilities (via authorized contractors) for oil, oily waste, NLS, harmful substances, cargo residue, sewage, and garbage.
- Prohibition on dumping ship-generated waste within 3 nautical miles from Cebu Port's coast and prohibited disposal on non-designated port premises.
- All vessels (unless exempted) must offload/discharge waste upon arrival, stay, and before departure, using shore facilities.
- Cargo Handling Service Providers must use shore reception facilities for their waste.
- CPA will prescribe fees for collection and disposal services to be paid by shipping lines or authorized persons.
- Offloading toxic, radioactive, or explosive waste is prohibited.
- Waste offloading allowed only when vessel is safely anchored or secured; waste contractors must provide prompt service.
- Military vessels excluded but may request service.
- Authority may require vessels to offload if next port lacks adequate facilities or unknown.
- Port clearance may be denied, and ships detained until wastes are offloaded.
- Authority not liable for delays caused by waste contractors.
- Shipping entities must appoint a Pollution Control Officer.
Exemptions
- Warships and government-owned vessels not in commercial service.
- Vessels freshly dry-docked with certification of no waste.
- Discharge necessary for ship safety or saving life at sea, including accidental discharges with precautions.
- Specific approved substances for combating pollution under administrative authorization.
- Sewage discharge under safety exceptions or from approved sewage treatment plants.
- Accidental loss of fishing nets with precautions taken.
- Vessels 6 GRT and below exempted from mandatory facility use.
- Possible exemptions with Waste Delivery Receipt from prior ports subject to authority discretion and surveys.
- Operators with approved outside shore reception facilities may be exempted if compliant with DENR-EMB regulations.
- Force majeure cases may be exempted by General Manager.
Notification and Coordination
- Vessels must notify Authority 24 hours before arrival if scheduled, 36 hours if not, for waste delivery.
- Submission of Advance Notice Form required for berthing clearance.
- Non-compliance may result in denial of berth or port entry.
- Formal requests needed for waste-related activities.
- Waste contractors coordinate with Authority, shipping entities, and CHSPs to schedule collection and prevent operational interference.
- Waste contractors plan for timely waste management upon vessel arrival.
- Regular coordination with Philippine Coast Guard inspections and port authorities.
Waste Collection Methods
- Waste collection to occur before or after cargo handling; if not possible, consent from shipmaster and safety officer required.
- Strict adherence to international and national safety and environmental laws is mandatory.
- Garbage:
- Services engaged through CPA waste contractor.
- Mandatory segregation by type using color-coded plastic bags: green for biodegradable, black for non-biodegradable, red for hazardous.
- Labeling required if designated bags unavailable.
- Large waste items piled safely on deck.
- Daily collection within 24 hours for docked vessels and CHSPs.
- Quarantined waste must be sterilized before handling.
- Oily Waste and NLS:
- Arrangement via CPA waste contractor.
- Prefer ship-to-dockside transfer; ship-to-ship only if dockside not possible.
- Waste contractors must have spill control plans and equipment.
- Contractors bear cleanup cost of spillage and secure Environmental Guarantee Fund or Insurance.
- Facilities for temporary storage and treatment required.
- Personnel must be trained, insured, and accredited.
- Ships must maintain Oil and NLS Records.
- Sewage:
- Arrangement via CPA waste contractor.
- Standard ship-to-dockside transfer with leak-proof equipment.
- Standardized flange dimensions and connection specifications.
- Spill cleanup responsibility and insurance requirements similar to oily waste.
- Treatment plants with DENR approval must be available locally.
- Contractor personnel must be trained and insured.
Issuance of Receipts
- CPA waste contractors issue Waste Collection, Transportation, Disposal and Treatment Report and Receipt (WCTDTRR) after service.
- Shipping entities submit WCTDTRR to Safety and Environmental Division and Harbor Control Center for departure clearance.
- Official receipts for fees are issued and submitted to CPA Finance Department promptly.
Charges and Payment
- Fees follow prescribed schedule; no charges if no services rendered or vessel is exempted.
- Tramping vessels pay cash; scheduled vessels billed.
- Billing disputes mediated by Authority's Finance Department; services continue pending resolution.
Responsibilities
- Authority to enter agreements with waste contractors for provision and maintenance of reception facilities.
- Contractors to secure Surety Bonds for potential damages.
- Contractors must comply with all regulations, maintain transparency for inspections and audits.
- Quarterly detailed reporting by contractors on waste sources, types, volumes, treatment, and disposal.
- Contractors responsible for providing PPE, training, and safety equipment to employees.
- Authority personnel receive ongoing training for pollution monitoring and control.
- Harbor Control Center oversees vessel clearance with waste documentation.
- Safety and Environmental Division monitors compliance, maintains waste databases, submits reports, and manages waste oil programs.
- Security Division enforces violations and issues notices with procedural fairness.
- Port management offices ensure compliance during departures.
- Authority retains right to amend order in line with MARPOL or new regulations.
Fines and Penalties
- Penalties include fines escalating from P25,000 to P100,000 for first to third offenses.
- Offenders liable for cleanup costs and damages.
- Employers responsible if violation attributable to their employees, with warnings for repeated offenses.
- Continuous or flagrant violations may result in suspension, revocation, or cancellation of privileges, permits, or contracts.
- Ships may be arrested or detained until fines and cleanup costs are paid.
Implementation Conditions
- The Order becomes effective only after adequate shore reception facilities are operational.
Separability Clause
- Illegal or unconstitutional provisions will not invalidate other provisions.
Repealing Clause
- Prior inconsistent regulations are repealed or modified as necessary.
Effectivity
- The Order takes effect 15 days after publication, conditional upon operational shore reception facilities.