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(NAR) VOL. 7 NO. 3 / JULY-SEPTEMBER 1996

[ PPA ADMINISTRATIVE ORDER NO. 16-95, April 04, 1995 ]

RULES AND REGULATIONS ON THE PREVENTION/CONTROL OF OIL, GARBAGE AND SEWAGE WASTE THROUGH THE USE OF RECEPTION FACILITIES/COLLECTION OF VESSELS REFUSE



1

Authority

1.1 Presidential Decree No. 857

1.2 PPA Memorandum Circular No. 07-95

1.3 PPA Memorandum Circular No. 04-85

1.4 International Convention for the Prevention of Pollution from Ships (MARPOL 73/78)

2

Scope

These regulations shall apply to all foreign and domestic vessels calling at any government or private port within the jurisdiction of the Philippine Ports Authority.

3

Purpose

3.1 To keep the harbor clean and prevent/minimize the pollution of marine life through proper disposal of vessel waste.

3.2 To implement the provision of International Convention for the Prevention of Pollution from ships (MARPOL 73/78).

4

Definition of Terms

4.1 Reception Facilities — Service facilities/structures established to receive, treat or dispose waste from vessels.

4.2 ISPPC — International Sewage Pollution Prevention Certificate issued by the Philippine Coast Guard (PCG) or appropriate administration in the case of foreign vessels.

4.3 IGPPC — International Garbage Pollution Prevention Certificate issued by the PCG or appropriate administration in the case of foreign vessels.

4.4 IOPPC — International Oil Pollution Prevention Certificate issued by the country of registry or the Philippine Coast Guard.

4.5 IOPP Certificate Equivalent — valid documentation showing that a non-party vessel to the MARPOL 73 has been surveyed in accordance with and complies with the requirement of MARPOL 73.

4.6 Garbage — all kinds of victuals, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically.

4.7 Sewage — drainage and other wastes from any form of toilets and urinals, drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises, and other wash waters when mixed with the drainage defined above.

4.8 Slops — Liquid refuse such as oily-water mixtures, tank washings and tank drainings.

4.9 Oil — means petroleum in any form including crude oil, fuel oil, sludge oil refuse and refined products.

4.10  Waste /refuse — shall mean garbage, sewage, slops and oil.

5

Guidelines

5.1 Mandatory Disposal of Waste at Reception Facilities — All vessels calling in any port shall mandatorily dispose of their oil, sewage and garbage waste at the reception facilities to be provided by the Authority and/or its duly accredited private contractor.

Exemptions -The following vessels shall be exempted from mandatory collection of refuse:

5.1.1 Ships with ISPPC, IGPPC, and IOPP Certificates.

5.1.2 Vessels whose state registry is not a party to the Convention on MARPOL 73/78 but possesses IOPPC, ISPPC and IGPPC Certificate equivalent.

5.2 Hiring of a Private Contractor — Where the Port Management Office (PMO) of the Philippine Ports Authority (PPA) is unable to provide reception facilities for the collection of waste/refuse from vessels, it shall accredit a private contractor to put up reception facilities for a regular clean-up operation of waste/refuse from vessels calling at each port.

5.3 Accreditation of Private Contractor — Proponents seeking to finance and undertake to build reception facilities for the collection of waste/refuse from vessels shall be guided by the following:

5.3.1 Submission of complete feasibility studies to be undertaken by the proponent. It shall include among others, marked or demand, technical, financial, equipment and environmental impact study.

5.3.2 It trust be registered with the Board of Investment (BOI) for foreign companies;

5.3.3 It must have the financial capabilities to invest in the project.

5.3.4 It must specify the required government support, or undertaking for the project and the general terms and conditions of the proposed management.

5.3.5 In case there is more than one proposal for the same project, PPA will exercise its discretion to adopt competitive bidding;

5.3.6 It must conform to the proper collection, treatment and disposal of waste set forth by PPA and other proper government agencies, like DENR and PCG, in its operation;

5.3.7 It must comply with the citizenship requirements of the Constitution and other pertinent existing laws.

5.4 Rates Chargeable by the Private Contractor — For services rendered by the private contractor, the rates applicable shall be those established by PPA or in the absence thereof, the rates agreed upon between the shipping company and the operator subject to the approval of the Authority. In case of disagreement, PPA arbitrated rates shall be followed.

5.5 Government Share — The Contractor shall remit a government share to the Authority, through the PMO concerned, for the privilege of conducting business within the port premises. The amount of share shall not be less than 10% of the gross income of said operator.

5.6 Monitoring and inspection Team — A Monitoring and inspection Team shall be organized in each PMO to be composed of the PMO Safety Officer, representative/s from the Philippine Coast Guard, and other personnel that the Port Manager may authorize. The following shall be its functions:

5.6.1 Check the certificates (ISPPC, IGPPC, IOPPC) of vessels;

5.6.2 Notify the agents/owners/masters of vessels which do not possess certificates (ISPPC, IGPPC and I0PPC);

5.6.3 Prepare a report listing vessels not complying with these regulations;

5.6.4 Coordinate with other concerned agencies on the installation of a surveillance and monitoring network to ensure that vessels calling at the port are complying with these regulations;

5.6.5 Submit monthly Marine Pollution report to the Assistant General Manager for Operations, attention Port Operations and Services Department (POSD).

5.7 Information Campaign — All PMOs in coordination with PPA Training Center, shall conduct the necessary informative and educational campaign for shipping companies, arrastre contractors and other port users to instill awareness in them regarding the importance and observance of proper disposal of refuse.

6

Final Provisions

6.1 Repealing Clause — All PPA orders, rules and regulations, policies, guidelines inconsistent herewith are hereby repealed or amended accordingly.

6.2 Effectivity —This Order shall take effect fifteen days after its publication in any newspaper of general circulation.

Adopted: 04 April 1995

(SGD.) CARLOS L. AGUSTIN
General Manager
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