Guidelines on MARPOL 73/78 Waste Management

Policy, purpose, and compliance focus

The Order declares that ships and cargo handling operations are major sources of marine pollution that threaten public safety and health and cause negative environmental and socio-economic impacts.
The Order declares that the discharge of wastes of all sorts in the port and its approaches shall be regulated to prevent or reduce pollution at sea and in ports.
The Order declares that waste handling must ensure that wastes are properly contained/packed, labeled, collected, transported, disposed and treated in accordance with applicable standards, conventions, and laws.
The Order aligns with compliance of MARPOL 73/78 Annex I, II & V and related environmental and safety rules.

Scope and covered parties

The Order applies to all foreign and domestic vessels that call at the Port of Cebu.
The Order applies to all licensed/accredited Cargo Handling Service Providers (CHSPs) operating at the Baseport, Subports, Outports, Private Ports and Waste Contractors.
The Order covers shore reception facilities used for receiving discharges of ship-generated waste, including cargo handling operations-generated waste.
The Order applies to “any person” who throws/dumps, or otherwise engages in prohibited or regulated waste discharges within the covered jurisdiction.

Definitions and key terms

“CPA” means the Cebu Port Authority.
“Administration” means the government of the state under whose authority the ship is operating; for ships entitled to fly the flag of a state, it is the flag state government.
“Ship-Generated Waste” means all types of waste (including sewage and residue other than cargo residue) generated during ship service and falling under MARPOL 73/78 Annexes I, II, IV & V, and includes cargo associated waste such as spillage during loading/unloading and other specified cargo handling residue materials.
“Oily Waste” means waste from machinery operation or cargo handling equipment, including waste lubricants, fuel processing wastes, spills, leaks, oily residues, fuel sludge, and oily mixtures or refuse; it covers oils listed in Annex A of the Order.
“Noxious Liquid Substance (NLS)” means substances that, if discharged into the sea, present hazards to marine resources or human health or cause serious harm to amenities or legitimate use; it covers substances listed in Annex B or indicated under specified categories in the International Bulk Chemical Code or provisionally assessed as falling into categories X, Y, or Z.
“Cargo Residue” means remnants of cargo material on board after unloading and cleaning procedures requiring disposal, including tank cleaning water and ballast waste attributed to cargo residues.
“Sewage” means drainage and other waste from toilets/urinals, medical premise drainage via specified wash systems, and drainage from spaces containing living animals or other waste waters when mixed with the described drainages.
“Garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during normal ship operation and liable to be disposed of continuously or periodically, excluding substances defined or listed in other MARPOL Annexes.
“Segregation” means separating different solid waste materials to promote recycling/reuse and reduce waste volume for collection and disposal.
“Shore Reception Facilities” means physical systems ashore or afloat used for receiving discharges of oily waste, NLS, and garbage from vessels including cargo handling operations-generated waste.
“Waste Contractor” means the owner/company licensed/permitted/certified/authorized/accredited by the Philippine Government to collect, transport, store, recycle, dispose and treat waste, capable of establishing and operating port reception facilities and rendering other authorized services as may be authorized by CPA.

Mandatory procedures and operational rules

CPA must provide, through authorized waste contractors, adequate Shore Reception Facilities and require their use for oil, oily waste, oil residues, NLS, harmful substances, cargo residue, sewage, and garbage to implement MARPOL 73/78 Annex I, II and V.
No person may throw/dump ship-generated waste such as oil, oily waste, oil residues, NLS, harmful substances, cargo residue, sewage and garbage in the sea within three (3) nautical miles from the nearest coastline within CPA territorial jurisdiction.
No person may throw/dump ship-generated waste and garbage generated from cargo handling operations in any part of the pier or wharf or premises of CPA that is not designated for the purpose.
Ships “otherwise exempted” must offload/discharge generated waste upon arrival, during stay and before departure, and collection/transport/disposal into shore reception facilities is obligatory.
Cargo Handling Service Providers must use shore reception facilities for their own generated waste.
CPA must prescribe charges/fees to cover expenses for collection, transportation, disposal and treatment, paid by the shipping line/ship agent/ship master or any authorized person.
Offloading of toxic waste/garbage misrepresented as “recyclable” or “with recyclable content” is prohibited, and radioactive waste and waste containing explosives/explosive residues cannot be offloaded.
Waste offloading/discharge is allowed only when the vessel is safely and properly anchored at the designated anchorage area or secured to a wharf, pier or buoy; the CPA waste contractor must render appropriate services promptly without undue delay.
Military vessels may submit a written request to the General Manager to avail the CPA waste contractor’s services despite being excluded from coverage.
If the next port of call is unknown or the next port has no known adequate shore reception facilities, CPA may direct the vessel to offload/discharge at CPA facilities if CPA has proof or reasonable ground that there is risk of illegal discharge in transit.
CPA may deny port clearance and/or seek assistance of the Philippine Coast Guard to detain the ship until waste is offloaded.
CPA is not responsible for detention and delay attributable to the ship’s scheduled departure, demurrage, or delays caused by the CPA waste contractor’s negligence, failure to perform required services, or circumstances beyond CPA control.
For Shipping Companies/Lines or CHSPs to avail item 4.2.5, they must apply in writing to CPA’s General Manager for exemption, stating reasons and attaching required credentials for validation and evaluation.
Shipping companies/lines and CHSPs must appoint and/or designate a Pollution Control Officer.

Exemptions and conditions

The Order does not apply to warships, naval auxiliary, and other government-owned and government-operated ships of a MARPOL party, provided they are not used for commercial services.
Vessels fresh from dry-docking are exempt if they present a certification from a MARINA-accredited shipyard facility showing dry-docking or repair and also submit a certification that the vessel is free of any waste.
The Order exempts discharges into the sea of:
- Oil or oily mixture necessary for securing ship safety or saving lives at sea.
- Oil or oily mixture resulting from damage to a ship or equipment, provided reasonable precautions were taken after occurrence/discovery to prevent/minimize discharge and the owner/master did not act with intent to cause damage or recklessly with knowledge damage would probably result.
- Substances containing oil approved by the Administration for combating specific pollution incidents to minimize damage from pollution, subject to government approval where discharge is contemplated.
- Sewage necessary for securing ship safety or saving life at sea.
- Sewage resulting from damage to ship/equipment if reasonable precautions were taken before and after to prevent/minimize discharge.
- Garbage necessary for securing ship safety or saving lives at sea.
- Escape of garbage resulting from damage to ship/equipment if reasonable precautions were taken before and after to prevent/minimize escape.
- Accidental loss of synthetic fishing nets if reasonable precautions were taken to prevent such loss.
Vessels six (6) GRT and below are exempt from the mandatory use of shore reception facilities due to insignificance of waste generated, without prejudice to other Philippine environmental laws.
Exemption is subject to CPA discretion when a vessel has a valid Waste Delivery Receipt (WDR) or related/similar document from the last port of origin, or where ship waste storage is allegedly sufficient for offloading at the next port of call.
Vessel capacity verification for discretionary exemption requires an independent surveyor at the expense of the shipping company/agent/ship master or the Philippine Coast Guard to verify and certify storage capacity before departure to the next port of call; exemption may be requested in writing to the office of the General Manager with reasons and supporting documents.
Shipping lines and accredited cargo handling providers with their own shore reception facilities located outside port premises may be exempt from using CPA port reception facilities if those facilities are DENR-EMB registered/accredited/licensed and for private use only.
Exemption may apply in cases of force majeure such that CPA waste contractor cannot render service, or similar analogous cases determined by the General Manager.

Notification, coordination, and collection methods

The shipping company/ship agent/shipmaster or authorized representative must notify the Safety and Environment Division (SED):
- At least Twenty Four (24) Hours before arrival for scheduled run vessels, and
- Thirty-Six (36) Hours for vessels without regular schedules,
- Before calling at the port.
The notification requires obtaining a copy of the Advance Notice Form For Waste Delivery to Port Reception Facilities (Annex C), completing it, and submitting it to the Harbor Control Center (HCC); the submission forms part of berthing clearance application.
Non-compliance with the advance notification requirement is a valid ground for non-allocation of berth, non-issuance of berthing clearance, and/or denial of entrance to any CPA ports.
Shipping companies/ship agents/shipmasters must submit a formal written request to Port Security, Safety and Environment Department (PSSED) for coordination and approval of waste-related activities.
CPA waste contractor must conduct routine coordination with HCC, Harbor Pilots, and the shipping company/ship agent/shipmaster (arrival schedules and relevant information).
CPA waste contractor must coordinate with accredited CHSPs for garbage collection schedules to avoid interference with cargo handling operations.
After official notification of vessel arrival, the CPA waste contractor must prepare a plan for safe and prompt collection, transportation, disposal and treatment of wastes.
The CPA waste contractor must coordinate routinely with CPA as port owner/administrator and with the Station Commander of the Philippine Coast Guard for MARPOL 73/78 inspection onboard requirements.
For safety, collection/transport/disposal must occur before or after cargo handling operation; if impossible or it may delay departure, the contractor must secure the shipmaster’s and ship’s safety officer’s consent before collection proceeds.
All vessels under CPA jurisdiction must adhere to the ISM Code, CPA port rules and regulations, circulars and issuances, Dockwork Safety and Health Standards, Philippine environmental laws, and related laws to avoid accidents/spillage.

Garbage segregation and daily collection

Shipping companies/ship agents/shipmasters must engage the CPA waste contractor for collection, transportation, disposal and treatment of garbage.
Segregation of garbage from ships and cargo handling operations must be practiced at all times before offloading/discharging into shore reception facilities.
Garbage segregation requires colored plastic bags:
- Green for biodegradable garbage,
- Black for non-biodegradable garbage,
- Red for hazardous garbage.
If green or red bags are unavailable, black bags may be used but must be clearly labeled for the type of garbage.
Large object garbage (e.g., unusable wooden pallets, dunnage, unserviceable ship gears, scrap metals) must be safely and properly piled on deck beside other segregated garbage.
Garbage collection is daily for ships/vessels docked at wharf, pier, and anchorage regardless of call frequency within a Twenty Four (24) Hour period.
Garbage collection is also daily within a Twenty Four (24) Hour period for CHSPs.
To prevent communicable diseases/epidemic contamination, foreign ships’ garbage—especially quarantined waste—must be sterile or treated on deck before collection, transportation and disposal.

Oily waste, NLS, and shore interfaces

Shipping companies/ship agents/shipmasters must arrange contracting with the CPA waste contractor for collection, transportation, disposal and treatment of oily waste and NLS.
Ship-to-dockside interface is the standard for collection and transfer of oil waste and NLS; ship-to-ship interface is allowed only when ship-to-dockside interface is not possible.
CPA waste contractors must have a spill prevention, control and clean-up measures plan and adequate ready equipment (including mobile oil spill kits and containment/spill response tools) for deployment in case of oil spillage.
If spillage occurs while rendering waste collection/transport/disposal within CPA territorial jurisdiction, the CPA waste contractor bears the total cost of clean-up and related expenses.
CPA waste contractors must secure an Environmental Guarantee Fund or Insurance to protect CPA against clean-up expenses if the contractor fails to perform obligations.
Ships and CPA waste contractors must maintain functional, compatible ship-to-shore oil waste pipe-hose connections for safe and efficient transfer.
CPA waste contractors must provide shore reception facilities for temporary storage of oily waste and substances prior to transporting to treatment facilities.
CPA waste contractors must have a DENR TSD Category D Waste Treatment Facility in Cebu with sufficient capacity, and CPA authorities must independently review and verify the facility and its processing capabilities.
CPA waste contractors’ personnel must be regular employees who participated in trainings and seminars for registration of hazardous waste, and the contractors must secure a group personal accident insurance cover for personnel.
Ships/vessels must keep Oil Record and Noxious Liquid Substance Record Books functional and available for inspection at all times.
CPA waste contractors must obtain accreditation from the Philippine Coast Guard or proper government agency as Diluted Oil and Other Related Harmful Substances Collector.

Sewage collection standards and connections

Shipping companies/ship agents/shipmasters must arrange contracting with the CPA waste contractor for collection, transportation, disposal and treatment of sewage.
Ship-to-dockside interface is the standard for collection and transfer of sewage; ship-to-ship interface is allowed only when ship-to-dockside interface is not possible.
CPA waste contractors must ensure all pipes, hoses, fittings, flanges, pumps, tanks and other equipment for sewage collection/transfer/disposal are leak-proof.
Shore reception facilities must use standard discharge connection flange specifications (including 210 mm outside diameter; bolt circle diameter 170 mm; 4 slots/holes, each 18 mm in diameter; 16 mm flange thickness; suitable 4 bolts each 16 mm in diameter; designed to accept pipes up to maximum internal diameter 100 mm; service pressure 600 kPa), and with a suitable gasket.
For ships having moulded depth of 5m and less, sewage discharge inner diameter may be 38 mm.
For dedicated trades (passenger ferries), ships may alternatively use a discharge pipeline fitted with an Administration-accepted discharge connection such as quick-connection couplings.
If spillage occurs during sewage waste collection/transport/disposal within CPA jurisdiction, the CPA waste contractor bears the total cost of clean-up and related expenses and must secure an Environmental Guarantee Fund or Insurance for protection of CPA.
Ships/vessels and CPA waste contractors must have functional, compatible ship-to-shore sewage pipe-hose connections for safe and efficient transfer.
CPA waste contractors must have a DENR-prescribed Sewage Treatment Plant located in Cebu with sufficient capacity to store and process sewage collected from ships, subject to independent review and verification by CPA authorities.
CPA waste contractors’ personnel must be regular employees trained in Sewage Handling and Disposal Regulations and the contractor must secure a group personal accident insurance cover for personnel.

Waste delivery receipts and departure clearance

The CPA waste contractor must issue, immediately after the requested services are provided and completed, a signed Waste Collection, Transportation, Disposal and Treatment Report and Receipt (WCTDTRR) using the contractor’s letterhead, addressed to the shipping company/agent/shipmaster/authorized representative.
The shipping company/ship agent/shipmaster must submit the WCTDTRR to the SED to show proper delivery or dumping into shore reception facilities.
Receipt information must be entered into the ship’s Oil Record Book, Cargo Record Book, and Garbage Record Book.
The shipping company/ship agent/shipmaster (or authorized representative) must present the original copy and submit a machine copy of WCTDTRR to the HCC or CPA on-duty Clearing Officer as a requirement for vessel departure clearance.
After receiving payment of charges/fees, the CPA waste contractor must issue an Official Receipt (O.R.) to the shipping company/ship agent/shipmaster (or authorized representative) and must promptly submit a copy to CPA’s Finance Department for filing and documentation within 3 days from receipt of payment.
The HCC must oversee that departing vessels show an original copy and submit a machine copy of WDR as part of vessel departure clearance requirements.

Fees, payment method, and disputes

Charges/fees for the CPA waste contractor’s services must follow the schedule of rates attached as Annex E.
No charges/fees are collected if no service is rendered by the contractor or where the vessel is exempted from offloading/discharging listed wastes into shore reception facilities.
For vessels with no regular call schedule (tramping vessels), payment is on a cash and carry basis.
For vessels with regular schedules, payment may be made upon presentation of a billing statement by the CPA waste contractor.
Any dispute regarding billing charges/fees must be immediately mediated by CPA’s Finance Department, and CPA waste contractor services must not be disrupted without written consent from CPA.

Responsibilities and enforcement mechanics

CPA through management must enter into a supplemental agreement with the existing CPA waste contractor for providing, operating and maintaining shore reception facilities or with other qualified waste contractors consistent with existing laws.
The CPA waste contractor must secure a Surety Bond to protect CPA against damages to third parties and properties due to accidents and negligence, lack of foresight, improper handling, processing, and disposal of hazardous waste.
The waste contractor must collect, transport, dispose, and treat wastes in accordance with safety regulations, standards, conventions and laws.
The waste contractor must make available during office hours for inspection/examination/audit by CPA and other visitorial agencies all financial records, properties, equipment, gears, and must demonstrate capability to collect, transport, dispose garbage, store, process and treat used oil, bunker sludge, bilge water, and slop water.
The waste contractor must submit a quarterly report detailing: source (name of vessel and CHSP and respective area of operations), waste type and volume, dumpsite location including duplicate dumping fee official receipts, delivery/treatment facility location, and duplicate DENR Certificate of Treatment including official receipts.
The waste contractor must provide employees with Identification Cards, company uniform, basic prescribed Personal Protective Equipment (PPE), and safety devices, and must instruct employees on correct use/care/maintenance.
CPA must provide frontline officers and personnel with adequate training and continuing education to ensure efficient and professional pollution monitoring, prevention and control.
The SED must provide copies of the Advance Notification Form and oversee monitoring of waste collection, transportation, disposal and treatment for compliance; SED must submit a quarterly report to management and establish a database for vessel- and cargo-operation-generated wastes and institute a Waste Oil Management Program verifiable, accountable, traceable, and in compliance with RA 6969.
The Security Division (SD) must take necessary enforcement action; violators must receive a pro-forma Notice of Violation stating the violator’s fine/penalty and the right to contest, with contest filing by written protest within seven (7) days following the procedure in CPA Memorandum Circular No. 03-97 dated 15 January 1997.

Fines, penalties, and ship control

Any person who violates the Order’s provisions is liable to fines by offense:
- 1st offense: PHP 25,000.00
- 2nd offense: PHP 50,000.00
- 3rd offense: PHP 100,000.00
In addition to the fines, the offender must pay all expenses incurred for cleaning the waste and all damages attributable to the offender.
If the violation is attributable to the offender’s employer, the employer is liable to pay the fine and must receive a warning that repetition will be punished with a more severe penalty.
For flagrant disregard and continuous violation after warnings, CPA may impose—along with fines—the penalty of suspension, revocation, or cancellation of any privilege, permit, or contract granted to the offender.
CPA may arrest the ship or withhold clearance for departure until the violator pays the penalty/fine and all expenses for cleaning up and damage caused.

Shore reception facilities implementation trigger

Implementation begins once adequate shore reception facilities have been established and operational.

Separability, repeals, and effectivity

Separability: if any provision is declared illegal or unconstitutional by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
Repealing clause: all Orders, Circulars, Memoranda, guidelines, rules and regulations inconsistent with the Order are repealed and modified accordingly.
Effectivity: the Order takes effect fifteen (15) days after publication in a newspaper of general circulation, provided adequate shore reception facilities are established and operational.