Law Summary

1. Legal Basis

• Explanation: This memorandum circular is issued pursuant to specific provisions of Presidential Decree No. 857, which governs the management of marine/oil pollution in the Philippines.
• Key Definitions:
  • Presidential Decree No. 857: A law that outlines the government's authority and responsibilities regarding marine and oil pollution.
• Cross-References:
  • PPA Administrative Orders 13-77, 09-82, and 16-95 are also invoked to support the mandates of this memorandum.

2. Placement of Oil Spill Booms

• Explanation: Oil spill booms must be positioned prior to any oil/fuel loading or discharging operations to control potential spills.

• Important Requirements:

  • Shipmasters and crew must coordinate with consignees or personnel of oil plant depots for the placement of booms.
  • The goal is to contain oil spills effectively within the Nasipit Port cove and other harbor areas.

• Key Responsibilities:

  • PPA port services personnel are required to work closely with the Philippine Coast Guard (PCG) at the Nasipit Station for compliance checks.

• Important Details:

  • Timeframe: Booms must be set before loading or discharging begins.

3. Handling of Dangerous Cargo

• Explanation: Proper handling protocols for oil and fuel products must be observed to prevent spills and ensure operational safety.

• Requirements:

  • Cargo handling contractors must implement safety measures in collaboration with the ship's crew and consignees.

• Supervision:

  • PPA personnel to monitor operations closely, in conjunction with the PCG.

• Consequences:

  • Failure to comply may result in incidents leading to oil spills, which can carry legal and environmental repercussions.

4. Emergency/Contingency Plans

• Explanation: All relevant parties must have a ready emergency plan for immediate activation during oil spills.

• Key Provisions:

  • Shipping crews, consignees, and oil plant personnel must coordinate to ensure plans are in place.
  • The PPA must collaborate with the PCG to ensure readiness for emergencies.

• Important Details:

  • Plans must be immediately activable upon oil leakage or spillage incidents.

5. Collaboration with Other Agencies

• Explanation: The memorandum emphasizes the need for cooperation among various stakeholders to enhance pollution prevention efforts.

• Requirements:

  • Establish and maintain linkages with government agencies, local government units (LGUs), non-governmental organizations (NGOs), and other port users.

• Consequences:

  • Inadequate cooperation may hinder effective pollution control efforts and impact marine life and natural resources.

Key Takeaways

• The memorandum circular outlines strict protocols for preventing and controlling marine/oil pollution, emphasizing the need for preparedness and rapid response to spills.
• Key stakeholders must coordinate actions, including the positioning of oil spill booms and the handling of dangerous cargo.
• Emergency plans must be in place and ready for immediate action to mitigate the effects of oil spills.
• Cooperation with government and non-government entities is crucial for maintaining clean waters and protecting marine resources.