Law Summary
Scope of Guidelines
- Applies to service providers offering Shore Reception Facilities (SRF) and waste disposal services in government and private ports under PPA jurisdiction
- Effective until full implementation of the Port Terminal Management Regulatory Framework (PTMRF)
Purpose
- To ensure uninterrupted provision of SRF and waste disposal services in PPA-controlled ports
Definition of Shore Reception Facility
- A physical infrastructure ashore or afloat designed to receive discharges of oil, refuse, and other wastes from vessels
Issuance of Permit to Operate (PTO)
- Government Ports:
- PTO issued by relevant Port Management Office (PMO) to Terminal or Cargo Handling Operators with valid contracts
- PTO valid for a maximum of one year, not exceeding operator's contract duration
- If operator cannot provide SRF services, may nominate qualified firms, resulting in joint PTO issuance
- Private Ports:
- Registered private ports must provide SRF services themselves or contract qualified third parties
- Joint PTO issued to private port operator and third-party provider
- Anchorage Operations:
- Terminal or authorized cargo handling operator with valid PTO to provide services
Qualifications of SRF/Waste Disposal Service Providers
- Must be Terminal Operator, Cargo Handling Operator, or qualified SRF service provider with valid PTO and at least one year of experience in waste handling (for SRF providers)
- Compliance with DENR requirements
- Possession of safe and efficient Waste Management System and Plan meeting PPA standards
- Officers free from pending cases against PPA and without outstanding criminal records
- Adequate equipment for operations
Rates for Services
- At PPA ports, rates are prescribed by PPA and subject to change
- In private ports, rates may be mutually agreed subject to PPA approval before implementation
Government Revenue Share
- Service providers remit 10% of gross SRF/waste disposal income monthly to PPA via PMO
- Submission of monthly reports detailing ships serviced and fees collected required
Responsibilities of the Port Management Office (PMO)
- Approve or deny PTO applications in accordance with guidelines
- Supervise SRF operations and enforce compliance, coordinate with other agencies
- Undertake SRF projects directly under conditions such as:
- Lack of private sector interest or capability
- Need for environmental protection and public safety
- Service gaps due to operator failures or urgent demand
Grounds for Revocation or Cancellation of PTO
- Violations of PD 857 or related regulations and permit terms
- Engagement in unauthorized activities
- Non-payment of fees or government share for over three months
- Failure to maintain efficient service
- Falsification or misrepresentation in applications
- Use of PTO for illegal, immoral, or nefarious purposes
Withdrawal or Suspension of Operations
- Operators must provide at least 48 hours’ written notice to PMO before ceasing or suspending operations
- Withdrawal or suspension results in automatic PTO cancellation
- PMO may consider continuity of service needs in evaluating effects
Penalties for Violations
- Administrative fines and penalties as per Section 43 of PD 857, as amended by Executive Order No. 513
- Additional liabilities may arise under international conventions, Philippine Civil Code, and relevant special laws
Final Provisions
- Amendments or repeals of inconsistent PPA orders
- Immediate effectivity upon publication in a newspaper of general circulation