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(NAR) VOL. 24 NO. 1 / JANUARY - MARCH 2013

[ CPA ADMINISTRATIVE ORDER NO. 118-2012, August 10, 2012 ]

IMPLEMENTING GUIDELINES ON MARPOL 73/78 PROVIDING SHORE RECEPTION FACILITIES AND SERVICES FOR SHIPS GENERATED WASTE INCLUDING CARGO HANDLING OPERATIONS WASTE



Pursuant to the provisions of R.A. No. 7621, the General Port Rules and Regulations (GPRR) of the Authority, the Philippine Dockwork Safety and Health Standards, R.A. 6969 “Toxic Substance and Hazardous Waste Act of 1990, R.A. No. 9003 “Ecological Solid Waste Management Act of 2000”, MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978), other related laws, and pursuant to Board Resolution No. 118-2012 adopted during the 33rd Regular Board Meeting of the Cebu Port Commission held last 25 July 2012 the following policy and guidelines are hereby prescribed:

SECTION 1. Statement of Policy

Whereas, marine wastes comes from multiple sources. Ships-generated waste, including cargo residue is one of the main identified sources of marine pollution causing a wide range of negative environmental and socio-economic impact (fishery and tourism development). They also threaten health and safety.

Whereas, dumping of garbage from ships into the sea particularly of non-biodegradable and hazardous/toxic substances such as plastics, oils and chemicals further contribute to the destruction of our marine environment.

Whereas, cargo handling operations-generated wastes which are left exposed and uncollected consequently gather disease-carrying flies and other organisms or became breeding grounds for rodents, are scattered by wind or by scavengers, spreading to the surrounding areas of the port, in the harbor, docking platforms, stacking areas, traffic lanes and drainage system.

Wherefore, considering the foregoing, in order to ensure the general public safety and health and to conform compliance of MARPOL 73/78 Annex I, II & V, to prevent or reduce pollution at sea and in the ports arising from the operation of ships and cargo handling service providers, it is hereby the declared policy of the Authority that the discharge of wastes of all sorts in the port and its approaches shall be regulated to ensure that wastes are properly contained/packed, labeled, collected, transported, disposed and treated in accordance with existing standards, conventions and laws.

SECTION 2. Scope – This Order shall apply to all foreign and domestic vessels that call at the Port of Cebu and to all licensed/accredited Cargo Handling Service Providers (CHSP’s) operating at the Baseport, Subports, Outports, Private Ports and Waste Contractors.

SECTION 3. Definition of Terms

3.1 CPA or Authority – shall mean Cebu Port Authority.

3.2 Administration - means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any state, the Administration is the government of that state. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and sub soil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned.

3.3 Ship-Generated Waste – Shall mean all types of waste, including sewage, and residue other than cargo residue, which are generated during the service of a ship, and fall under the scope of Annexes I, II, IV & V of MARPOL 73/78, and cargo associated waste, which includes, but is not limited to, spillage during loading/unloading, separation materials, fastening pallets, packing and casing materials, plywood, paper, cardboard, wire and steel bands (as defined in the Guidelines for the implementation of Annex V of MARPOL 73/78), and other wastes arising from shipping or cargo handling operation.

3.4 Oily Waste – shall refer to waste from the operation of machinery of the vessel or any cargo handling equipment. It includes waste lubricants, fuel processing, spills, leaks, oily residues, fuel sludge and oily mixtures or refuse. Oils referred to are those listed in the Annex A* of this Order.

3.5 Noxious Liquid Substance (NLS) – shall mean any substance, which if discharged into the sea would present a hazard, minor or major, to either marine resources or human heath or cause serious harm to amenities or either legitimate use of the sea. Substances referred to are listed in Annex B of this order or any substance indicated in the Pollution Category column of chapter 17 or 18 of the International Bulk Chemical Code or provisionally assessed under the provisions of regulation 6.3 as falling into category X, Y, or Z.

3.6 Cargo Residue – shall mean the remnants of any cargo material on board, in cargo holds or tanks, which are generated or remain after unloading procedures and cleaning operations, and which have to be disposed of; tank cleaning water and ballast waster shall be attributed to cargo residues.

3.7 Sewage – shall mean drainage and other waste 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, drainage from spaces containing living animals or other waste waters when mixed with the drainages defined herein.

3.8 Garbage – means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present convention.

3.9 Segregation – shall refer to a solid waste management practice or separating different materials found in solid waste in order to promote recycling and reuse of resources and to reduce the volume of waste for collection and disposal.

3.10 Shore Reception Facilities – shall refer to a physical system ashore or afloat used for receiving discharges of oily waste, noxious liquid substance and garbage from vessels including cargo handling operations-generated waste.

3.11 Waste Contractor – shall refer to the owner or 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 render other related services as may be authorized by Cebu Port Authority (CPA).

SECTION 4. General Guidelines –

4.1 Mandatory Procedure

4.1.1 The Authority shall provide thru authorized waste contractor/s adequate Shore Reception Facilities and required the use thereof for oil, oily waste, oil residues, noxious liquid substances, harmful substances, cargo residue, sewage and garbage from ships/vessels operations to ensure proper implementation of MARPOL 73/78 Annex I, II and V.

4.1.2 No person shall throw/dump ship generated waste such as oil, oily waste, oil residues, noxious liquid substances, harmful substances, cargo residue, sewage and garbage in sea within three (3) nautical miles from the nearest coastline of the territorial jurisdiction of Cebu Port Authority (CPA).

4.1.3 No person shall throw/dump ship generated waste and a garbage generated from cargo handling operations in any part of the pier or wharf or premises of the Authority not designated for the purpose.

4.1.4 Otherwise exempted ships/vessels shall be required to offload/discharge its generated waste upon arrival, during stay and before departure. The collection, transportation and disposal of oil, oil waste, oil residues, noxious liquid substances, harmful substances, cargo residue, sewage and garbage into the shore reception facilities shall be obligatory.

4.1.5 Cargo Handling Service Providers shall utilize shore reception facilities for their own generated waste.

4.1.6 The Authority shall prescribe charges/fees to defray expenses for collection, transportation, disposal & treatment of aforementioned wastes/pollutants to be paid by the shipping line/ship agent/ship master or any authorized person.

4.1.7 Offloading of toxic waste/garbage misrepresented as “recyclable or “with recyclable content” shall not be allowed nor radioactive waste nor waste containing explosives or explosive residues.

4.1.8 Only when the vessel is safely and properly anchored at the designated anchorage area or secured to a wharf, pier or buoy shall it be allowed to off-load its waste. The CPA waste contractor shall promptly render the appropriate services without undue delay.

4.1.9 Military vessels although excluded from the coverage of this order may, however, submit a written request to the General Manager of the Authority to avail of the services of the CPA waste contractor.

4.1.10 If the next port of call is unknown or the next port of call has no known adequate ashore reception facilities, the Authority may direct the vessel to offload/discharge its waste at the port reception facilities if it has proof or reasonable ground to believe that there is risk of wastes being illegally discharged into the sea in transit.

4.1.11 The Authority may opt to deny port clearance to the ship and/or seek the assistance of the Philippine Coast Guard to detain the ship until it offloads its wastes.

4.1.12 The Authority shall not be responsible for any detention and delay of the ship’s scheduled departure and for any demurrage attributable to or caused by the CPA waste contractor’s negligence or failure to perform the required services or other circumstances beyond the control of the Authority.

4.1.13 For Shipping Companies/Lines or Cargo Handling Service Providers to avail item 4.2.5 must apply to the Authority’s General Manager for exemption in writing, detailing the reason/s of such and must attached needed credentials for validation and evaluation.

4.1.14 Shipping Companies/Lines and Cargo Handling Service Providers shall appoint and/or designate a Pollution Control Officer.

4.2 Exemptions

4.2.1 This Order shall not apply to warships, naval auxiliary and other ships owned and operated by the government or by other government that is a party to the MARPOL. Provided, that, such ship is not being used for commercial services.

4.2.2 Vessel fresh from dry-docking shall likewise be exempted. Provided that it presents a certification from a MARINA-accredited shipyard facility that shows that the ship has been dry-docked or repaired at the shipyard facility. In addition thereto, the shipping company/agent/shipmaster or any authorized representative shall also submit a certification that said vessel is free of any waste.

4.2.3 The discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or

4.2.4 The discharge into the sea of oily or oily mixture resulting from damage to a ship or its equipment;

4.2.4.1 provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and
4.2.4.2 except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or

4.2.5 The discharge into the sea of substance containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any government in whose jurisdiction it is contemplated the discharge will occur.

4.2.6 The discharge of sewage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or

4.2.7 The discharge of sewage resulting from damage to a ship or its equipment if all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the discharge.

4.2.8 The ship has in operation an approved sewage treatment plant which has been certified by the Administration to meet the operational requirements referred to in regulation 9.1.1 of MARPOL 73/78 Annex IV.

4.2.9 The disposal of garbage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or

4.2.10 The escape of garbage resulting from damage to a ship or its equipment provided all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the escape; or

4.2.11 The accidental loss of synthetic fishing nets, provided that all reasonable precautions have been taken to prevent such loss.

4.2.12 Vessels six (6) GRT and below, in consideration of its insignificant volume of waste generated, are exempted from the mandatory use of shore reception facilities, without prejudice to other existing Philippine environmental laws.

4.2.13 Exemption of vessel with a valid Waste Delivery Receipt (WDR) or any related/similar document from last port of origin or where ship’s waste storage is allegedly sufficient for offloading of waste at the next port of call is subject to the discretion of the Authority. Independent surveyor at shipping company/agent’s/ ship master’s expense or by the Philippine Coast Guard to verify and certify the ship’s capacity to store waste prior to its departure to the next port of call. For this purpose, the shipping company/agent/ship master or any authorized representative can apply for exemption with the office of the General Manager of the Authority in writing, detailing the reason/s for exemption and must attach supporting documents for evaluation.

4.2.14 Shipping Lines and Accredited Cargo Handling Providers that operate their own shore reception facilities located outside of the port premises may be exempted from using the port reception facilities. Provided, that said shore reception facilities must be DENR-EMB registered/accredited/licensed and for private use only.

4.2.15 In cases of force majeure such that the CPA waste contractor cannot render any service or for similar or analogous cases as may be determined by the General Manager of the Authority.

4.3 Notification and Coordination

4.3.1 At least Twenty Four (24) Hours before arrival for vessels on scheduled run and Thirty-Six (36) Hours for without regular schedules and before calling at the port, the shipping company/ship agent/shipmaster or any authorized representative shall first report to the Safety and Environment Division (SED) of the Authority for notification, coordination, guidance and consultation for incoming delivery of ship/vessel generated waste to shore reception facilities and obtain a copy of Advance Notice Form For Waste Delivery to Port Reception Facilities attached hereto as Annex C*. After duly accomplishing the form, the same shall be submitted to the Authority’s Harbor Control Center (HCC) which document shall form part of the application of berthing clearance.

4.3.2 Non-compliance of shipping company/ship agent/shipmaster or any authorized representative of item 4.3.1 shall be a valid ground for non-allocation of berth or non-issuance of berthing clearance and/or denial of entrance to any of the ports under the jurisdiction of the Authority.

4.3.3 Shipping company/ship agent/shipmaster or any authorized representative shall submit a formal written request to the Port Security, Safety and Environment Department (PSSED) for coordination and approval of waste related activities.

4.3.4 The CPA waste contractor shall be responsible for routine coordination with the Authority’s Harbor Control Center (HCC), Harbor Pilots, Shipping companies/ship agents/shipmasters or any authorized representative as to the schedule of vessel arrivals and other relevant information.

4.3.5 The CPA waste contractor shall be responsible for routine coordination with Accredited Cargo Handling Service Providers (CHSP’s) with regard to schedule of collection, transportation and disposal of garbage so as not to interfere with cargo handling operations.

4.3.6 The CPA waste contractor after having been officially notified of the vessel’s arrival shall prepare a plan for the safe and prompt collection, transportation, disposal and treatment of wastes.

4.3.7 The CPA waste contractor shall be responsible for routine and regular coordination with the Authority as Port owner and administrator and with the Station Commander of the Philippine Coastguard which is mandated to conduct inspection on board vessel relative to MARPOL 73/78 requirements.

4.4 Waste Collection Method

4.4.1 For safety reasons, the collection, transportation and disposal of ship-generated waste shall take place before or after cargo handling operation. However, if this is not possible or might cause delay in the departure of ships, the waste contractor shall coordinate and secure the consent of the shipmaster and ship’s safety officer before any collection, transportation and disposal shall be allowed to proceed.

4.4.2 All vessels while under the territorial jurisdiction of the Authority shall at all times strictly adhere and comply with the provisions of International Management Code for Safe Operation of Ships and for the Pollution Prevention, International Safety Management (ISM) Code, the Authority’s Port Rules and Regulations, Orders, Circulars, and other issuances, Dockwork Safety and Health Standards, Environmental Laws of the Philippines and other laws related thereto to avoid any accident or spillage.

4.4.3 Garbage

4.4.3.1 The shipping company/ship agent/shipmaster shall engage the services of the CPA waste contractor in the collection, transportation, disposal and treatment of garbage.
4.4.3.2 Segregation of garbage from ships/vessels and cargo handling operations shall be practiced at all times before offloading/discharging into the shore reception facilities.
4.4.3.3 Colored plastic bags shall be used for easy sorting and recording of waste:

4.4.3.3.1 Green plastic bags for biodegradable garbage;
4.4.3.3.2 Black plastic bags for non-biodegradable garbage and;
4.4.3.3.3 Red plastic bags for hazardous garbage.

4.4.3.4 In the absence of Green or Red plastic bags, Black plastic bags which are commonly available in the market shall be used but must be clearly labeled as to the type of garbage for which they are being used.
4.4.3.5 For practicability, large object garbage such as unusable wooden pallets, dunnage, unserviceable ship gears, scrap metals etc., shall be safely and properly piled on deck beside other segregated garbage.
4.4.3.6 The collection of garbage is on a daily basis for ships/vessels that is at docked at wharf, pier, and anchorage regardless of call frequency within a Twenty Four (24) Hour period.
4.4.3.7 The collection of garbage is also on a daily basis for Cargo Handling Service Providers (CHSP’s) within a twenty Four (24) Hour period.
4.4.3.8 For prevention of contamination from communicable diseases or epidemic, foreign ships/vessels garbage particularly quarantined waste shall be sterile or treated on deck before collection, transportation and disposal.

4.4.4 Oily Waste and Noxious Liquid Substances

4.4.4.1 In this type of wastes, the shipping company/ship agent/shipmaster shall be responsible for the arrangement to engage the services of the CPA waste contractor in the collection, transportation, disposal and treatment of Oily Waste and Noxious Liquid Substances.
4.4.4.2 Ship to dockside interface shall be the standard in the collection and transfer of oil waste and noxious liquid substances. Only when said interface could not be possible does ship to ship interface may be allowed.
4.4.4.3 The CPA waste contractor shall have a spill prevention, control and clean-up measures plan in placed and have adequate ready equipments (mobile oil spill kits, oil dispersant, back sprayers, cellulose absorbent granula, saw dust, dump cloth, shovels, broom sticks, PE sacks with plastic liner, oil containers, floating oil spill booms, portable oil spill containment spill berms, SCBA and chemical protection suits) for deployment in case of oil spillage.
4.4.4.4 The CPA waste contractor in case of spillage while rendering waste collection, transportation and disposal within the territorial jurisdiction of the Authority shall bear the total cost of clean-up and other incidental or related expenses. In addition, the CPA waste contractor shall secure an Environmental Guarantee Fund or Insurance to protect CPA against clean-up expenses in case the CPA waste contractor fails to perform their obligation.
4.4.4.5 The ship/vessel and CPA waste contractor must have a functional and compatible ship to shore oil waste pipe-hose connection for a safe and efficient way of waste transfer.
4.4.4.6 The CPA waste contractor (under CPA’s option) shall be required to build or provide shore reception facilities for the temporary storage of oily waste and substances prior to transporting to the contractors Treatment Facility.
4.4.4.7 The CPA waste contractor must have a Waste Treatment Facility prescribed under DENR TSD Category D, located in Cebu with sufficient capacity to store and process oily waste collected from the ships. This facility and its processing capabilities must be independently reviewed and verified by CPA authorities.
4.4.4.8 The CPA waste contractors’ personnel must be regular employees that have participated in trainings and seminars for registration of hazardous waste. In addition, a group personal accident insurance cover must be secured for the contractors personnel.
4.4.4.9 The ship/vessel at all times shall maintain and must be ready available to present their Oil Record and Noxious Liquid Substance Record Books for inspection.
4.4.4.10 The CPA waste contractor shall obtain accreditation from the Philippine Coast Guard or proper government agency as Diluted Oil and Other Related Harmful Substances Collector.

4.4.5 Sewage

4.4.5.1 In this type of wastes, the shipping company/ship agent/shipmaster shall be responsible for the arrangement to engage the services of the CPA waste contractor in the collection, transportation, disposal and treatment of Sewage.
4.4.5.2 Ship to dockside interface shall be the standard in the collection and transfer of sewage. Only when said interface could not be possible does ship to ship interface may be allowed.
4.4.5.3 The CPA waste contractor shall ensure that all pipes, hoses, fittings, flanges, pumps, tanks among other equipment used in the collection, transfer and disposal of sewage are leaked proof.
4.4.5.4 To enable pipes of the shore reception facilities to be connected with the ship’s discharged pipeline, both lines shall be fitted with a standard discharge connection in accordance with the following table:

Standard dimension of flanges for discharge connections.

Description
Dimension
Outside Diameter
210 mm
Inner diameter
According to pipe outside diameter
Bolt circle diameter
170 mm
Slots in flange
4 holes, 18 mm in diameter, equidistantly placed on a Bolt circle of the above diameter, slotted to the flange periphery.
Flange thickness
16 mm
Bolts and nuts: quantity and diameter
4, each 16 mm in
diameter and of suitable length

The flange is designed to accept pipes up to a maximum internal diameter of 100 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 600 kPa.

4.4.5.5 For ships having a moulded depth of 5m and less, the inner diameter of the discharge may be 38 mm.
4.4.5.6 For ships in dedicated trades, i.e. passenger ferries, alternatively the ship’s discharge pipeline may be fitted with a discharge connection which can be accepted by the Administration, such as quick-connection couplings.
4.4.5.7 The CPA waste contractor in case of spillage while rendering waste collection, transportation and disposal within the territorial jurisdiction of the Authority shall bear the total cost of clean-up and other incidental or related expenses. In addition, the CPA waste contractor shall secure an Environmental Guarantee Fund or Insurance to protect CPA against clean-up expenses in case the CPA waste contractor fails to perform their obligation.
4.4.5.8 The ship/vessel and CPA waste contractor must have a functional and compatible ship to shore sewage pipe-hose connection for a safe and efficient way of waste transfer.
4.4.5.9 The CPA waste contractor must have a Sewage Treatment Plant prescribed under DENR located in Cebu with sufficient capacity to store and process sewage collected from the ships. This facility and its processing capabilities must be independently reviewed and verified by CPA authorities.
4.4.5.10 The CPA waste contractors’ personnel must be regular employees that have participated in trainings and seminars on Sewage Handling and Disposal Regulations. In addition, a group personal accident insurance cover must be secured for the contractors personnel.

4.5 Issuance of Waste Delivery Receipts and Official Receipts

4.5.1 The CPA waste contractor, immediately after requested service/s has been provided and completed shall issue a signed Waste Collection, Transportation, Disposal and Treatment Report and Receipt (WCTDTRR) attached hereto as Annex D* using the Letter Head of the company to the shipping company/agent/shipmaster/authorized representative.
4.5.2 The ship company/ship agent/shipmaster shall submit the WCTDTRR) to the Safety and Environmental Division (SED) to show that the ship’s waste had been properly delivered or dumped in the shore reception facilities. Information on this receipt shall be entered into the ship’s Oil Record Book, Cargo Record Book and Garbage Record Book.
4.5.3 The shipping company/ship agent/shipmaster or any authorized representative shall present the original copy and submit a machine copy of WCTDRR to the Harbor Control Center (HCC) or to the Authority’s on-duty Clearing Officer as part of the requirements for vessel departure clearance.
4.5.4 The CPA waste contractor shall issue an Official Receipt (O.R.) to shipping company/ship agent/shipmaster or any authorized representative after receiving payment of charges/fees from services rendered and promptly, not later than 3 days from receipt of payment, submit a copy thereof to the Authority’s Finance Department for filing and documentation.

4.6 Charges/Fees and Mode of Payment

4.6.1 Charges/Fees for the CPA waste contractor’s services rendered under this Order shall follow the schedule of rates hereto attached as Annex E**.
4.6.2 However, no charges/fees will be collected if no service is rendered by the contractor or where the vessel is exempted, from offloading/discharging its generated waste (oil, oily waste, oil residues, noxious liquid substances, harmful substances) cargo residue and garbage into the shore reception facilities.
4.6.3. For vessel with no regular call schedule or tramping vessels, payment shall be on cash and carry basis, while vessels with regular schedule may be made upon presentation of billing statement by the CPA waste contractor.
4.6.4 Any dispute as to billing charges/fees shall be immediately resolved by the parties to be mediated by the Authority’s Finance Department. Provided, that there shall be no disruption of the CPA waste collector’s services for any reason without the written consent of the Authority.

4.7 Responsibilities

4.7.1 The Authority thru Management shall enter into a supplemental agreement with the existing CPA waste contractor for the provision, operation and maintenance of shore reception facilities or with other qualified waste contractors as may be consistent with existing laws.
4.7.2 The CPA waste contractor shall secure a Surety Bond to protect CPA against damages incurred to third parties and properties due to accidents, sheer negligence, lack of foresight, improper handling, processing and disposal of hazardous waste.
4.7.3 The CPA waste contractor shall perform its obligations to collect, transport, dispose and treat ships/vessels generated and cargo handling operations wastes in accordance with existing safety regulations, standards, conventions and laws.
4.7.4 The waste contractor shall make available during office hours for inspection, examination and audit by the Authority, and other government agencies exercising visitorial powers, all its financial records, properties, equipments, gears and if necessary, shall be required to demonstrate its capability to collect, transport, dispose garbage, store, process and treat used oil, bunker sludge, bilge water, and slop water in accordance with existing standards, conventions and laws.
4.7.5 The waste contractor shall submit a quarterly waste collection, transportation, disposal and treatment report detailing the source (Name of vessel and Cargo Handling Service Provider, Respective Area of Operations), type and volume of waste, location of dumpsite including a duplicate of dumping fee official receipts, location of treatment facilities where waste was delivered and a duplicate copy of the DENR submitted Certificate of Treatment including official receipts.
4.7.6 The waste contractor shall provide their employees with Identification Card, company uniform, basic prescribed Personal Protective Equipment (PPE), and safety devices necessary for the protection against bodily harm, illness, occupational disease, or injury. Furthermore, employees shall be instructed in the correct use, care and maintenance of PPE and safety devices provided.
4.7.7 The Authority shall provide frontline officers and personnel with adequate training and continuing education to ensure efficient and professional pollution monitoring, prevention and control.
4.7.8 The Harbor Control Center (HCC) shall be responsible for overseeing that departing vessel must show an original copy and submit a machine copy of WDR as part of the requirements for vessel departure clearance.
4.7.9 The Safety and Environmental Division (SED) shall be responsible for making available copies of Advance Notification Form for Waste Delivery to Shore Reception Facilities and overseeing the monitoring of the waste collection, transportation, disposal and treatment of waste to ensure compliance with existing standards, conventions and laws. Moreover, the SED shall submit a quarterly report to management and establish a database for vessel-generated and cargo operation-generated wastes for future reference. Furthermore, institute Waste Oil Management Program that is verifiable, accountable, traceable and in compliance with RA 6969.
4.7.10 The Security Division (SD) shall take necessary enforcement action in relation to the implementation of this Order. Violators shall be issued a pro-forma Notice of Violation, informing the offender of his violation, the imposable fine/penalty and his right to contest the apprehension/fine/penalty, within seven (7) days by filing a written protest in accordance with CPA Memorandum Circular No. 03-97 dated 15 January 1997 (Prescribing Procedure on the Imposition of Administrative Fines and Penalties).
4.7.11 The Port Management Offices, in the absence of the Harbor Master, to clear departing vessels shall see to it that departing vessels show an original copy and submit a machine copy of WCTDRR as requirement for vessel departure clearance.
4.7.12 The Authority reserves the right to revise or make amendments of this Order to conform with future amendments of MARPOL 73/78 or introduction of new rules and regulations or as it may deem necessary.

SECTION 5. Fines and Penalties

5.1 Any person who violates any of the provisions of this Order shall be subject to the following fines and penalties:

1st offense - Twenty-Five Thousand Philippine Pesos (P25,000.00)
2nd Offense – Fifty Thousand Philippine Pesos (P50,000.00)
3rd Offense – One Hundred Thousand Philippine Pesos (P100,000.00)

5.2 Provided, that in addition to the above fines, the offender shall be liable to pay all expenses incurred for the cleaning of the waste, etc. and for all damages attributable to the offender.
5.3 If the violation is attributable to the employer of the offender, the employer shall be held liable for the payment of the fine. In addition, the employer shall be issued a warning that a repetition of the violation shall be meted with a more severe penalty.
5.4 In case of flagrant disregard and continuous violation of this Order despite warnings from the Authority, in addition to the payment of fines, the Authority may impose the penalty of suspension, revocation, or cancellation of any privilege, permit, or contract that may have been granted to the offender.
5.5 The Authority may arrest the ship or with hold clearance for departure until the violator shall have paid penalty or fine including all expenses for cleaning up and damage caused.

SECTION 6. Provision for Shore Reception Facilities - The implementation of this Order shall begin once adequate shore reception facilities have been established and operational.

SECTION 7. Separability Clause – Should any provision of this Order be declared illegal or unconstitutional by any court of competent jurisdiction, those provisions to which such declaration does not apply shall remain in full force and effect.

SECTION 8. Repealing Clause - All Orders, Circulars, Memoranda, guidelines, rules and regulations inconsistent with the herein provisions are hereby repealed and modified accordingly.

SECTION 9. Effectivity - This Order shall take effect fifteen (15) days after publication in a newspaper of general circulation provided that adequate shore reception facilities are established and operational.

APPROVED:

(SGD.) ENGR. DENNIS R. VILLAMOR, CEO VI
General Manager


*
Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City

** Not Filed with ONAR

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