Statement of Policy
- National policy to prevent and control sea pollution
- Focus on hazards to human health, living resources, amenities, and legitimate sea uses
Definitions
- "Discharge": Includes spilling, leaking, pumping, pouring, emitting, emptying, dumping
- "Dumping": Deliberate disposal at sea from vessels or other man-made structures, with specific exceptions
- "Oil": Includes petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes except dredge spoil
- "Ocean Waters": Marine waters beyond Philippine and other states' limits
- "Public Vessel": Government-owned vessels, except when engaged in commerce
- "Tank Vessel": Constructed or converted to carry liquid bulk cargo
- "Tank Barge": Tank vessel without self-propulsion
- "Vessel": Any watercraft used for transportation on water
- "Person": Individuals or entities including owners and officers
Prohibition on Deposit of Refuse in Navigable Waters
- Unlawful to discharge refuse from vessels, shore, or establishments into navigable or tributary waters
- Prohibits deposits liable to be washed into navigable waters causing pollution or navigation impediments
- Exceptions for public works and navigational improvement operations
- Permits can be granted by Philippine Coast Guard Commandant with compliance to conditions
Prohibition Against Discharge of Oil and Harmful Substances
- Unlawful to discharge oil, noxious liquids, or harmful substances into territorial and inland waters
- Exceptions only in emergencies involving life/property or unavoidable accidents
- Other exceptions only as allowed by Philippine Coast Guard regulations
Penalties for Violations
- Fine: Not less than P5,000
- Imprisonment: 30 days to 1 year, or both
- Penalties apply per offense
- Vessels involved may have port clearance withheld until penalties are paid
- Penalties constitute a lien enforceable through libel in rem proceedings
Liability and Responsibility for Oil Spills
- Vessel in charge must notify Philippine Coast Guard immediately upon oil spill
- Information required: ship name, company, spill location, oil type and quantity, weather, tide, sea conditions, spill cause
- Failure to notify: Fine of P10,000 or imprisonment 30 days to 6 months
- Owner/operator liable for cleanup costs
Rules and Regulations
- Philippine Coast Guard Commandant empowered to prescribe implementing rules
- Includes vessel design, oil transfer operations, communication requirements, inspections
Containment and Recovery System
- Philippine Coast Guard to develop oil spill containment and recovery capability for inland and high seas
- Initial appropriation: P2 million for equipment procurement
- Future appropriations included in General Appropriation Decree
Repealing Clause
- Laws, rules, and regulations inconsistent with this Decree are repealed or modified
Effectivity
- Decree takes effect immediately upon promulgation