TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(HEADQUARTERS PHILIPPINE COAST GUARD)
139 25th Street, Port Area
Manila
14 October 2005
MEMORANDUM CIRCULAR)
:
Number....................03-2005)
RULES AND REGULATIONS FOR TANK CLEANING OPERATIONS AND THE COLLECTION AND DISPOSAL OF DILUTED OIL AND OTHER SUBSTANCES
I. AUTHORITY:
Presidential Decree Number 600 as amended by PD 979 empowers the PCG to prescribe, promulgate and enforce regulations for the prevention and control of marine pollution.
II. SCOPE
This Memorandum Circular shall apply to all tank cleaning operations and the collection and disposal of diluted oil within the territorial jurisdiction of the Philippines.
III. DEFINITION OF TERMS:
1. Tank Cleaning Operations - methods of removing from the tankers the residue from her previous cargo.
2. Oil - grease of any kind or in any form including but not limited to petroleum fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil.
3. Oil Mixture - a combination of substances mixed with oil.
4. Oil Tanker - a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers when carrying cargo or part of oil in bulk.
5. Gas Free - a condition where sufficient air is allowed into a tank, compartment or container thereby reducing the level of any flammable, toxic or inert gases to that required for specific purposes.
IV. RESPONSIBILITIES OF MASTER/AGENT AND OPERATOR/ CONTRACTOR:
A. GENERAL RESPONSIBILITIES:
1. All vessels intended for tank cleaning shall be provided on board with at least a drum (210 liters) of chemical oil dispersant duly approved and accredited by the PCG.
2. No tank cleaning operation shall be commenced without the proper clearance from the PCG. A clearance is required for every tank cleaning operation. Contractors shall be duly accredited by the PCG.
3. No tank cleaning operation shall be commenced unless a written certification is accomplished by the master/contractor to the effect that the tank is gas free and devoid of toxic substances.
4. Ship personnel shall maintain a close watch against the escape of oil before, during, and after tank cleaning operation. The master of the vessel shall be responsible for any oil spill even when tank-cleaning operation is being undertaken.
5. The master of the vessel shall designate restricted areas aboardship where smoking or open light is prohibited. These areas shall be easily identified and properly marked.
6. Periodic gas tests shall be undertaken by the contractor and continuously maintained whenever tank-cleaning operations are on going.
7. Owners of refineries and other power plant establishments shall be responsible for the safe disposal of diluted oil, chemicals and other harmful substances to avoid their spill, particularly to any body of water.
B. SPECIFIC RESPONSIBILITIES
1. Master/Local Agent:
a. Be administratively liable for the violation of marine pollution rules and regulations.
b. Assist the PCG in the effective supervision of tank cleaning operations.
2. Operator/Contractor:
a. Coordinate with DNOCOP and District Commanders as the case may be for the effective and safe conduct of the tank cleaning operations.
b. Observe all rules and regulations pertaining to marine pollution.
c. Liable to the master of the vessel for any oil spill that may occur from the tank cleaning activities.
d. The contractor shall furnish DNOCOP with relevant information (in a format as shown in Annex A) each time a tank cleaning operation is undertaken.
e. Collectors shall be accredited by the Philippine Coast Guard and/or other concerned government agencies. Collection shall be supervised by/reported to PCG authorities. Oil wastes shall be disposed of by depositing it to the DENR-EMB accredited reception facility or dumping areas.
VI. ACCREDITATION:
A. Procedures for Accreditation of Tank Cleaning Contractors/
Collectors of Diluted Oil and Other Related Harmful Substances
1. Accreditation of tank cleaning contractors shall be processed and filed with the Commander, National Operations Center for Oil Pollution (NOCOP), PCG. Those in the areas shall submit their request to CNOCOP thru the respective District Commander for endorsement if applicant is outside the AOR of Coast Guard District NCR-CL.
Applications for accreditation shall include the following:
a. Articles of Incorporation
b. List of Equipments
c. List of qualified personnel to conduct Tank Cleaning Operation (attach certificates or any proof of training taken to qualify to perform tank cleaning operation)
d. Copy of the contract with the vessel’s owner/agent
e. Plan for the conduct of tank cleaning activity
f. Emergency plan in case of injury/accident
g. Copy of the approved PPA permit for tank cleaning and berthing space
h. Disposal plan of waste
i. Permit from EMB for land disposal
j. Contract of the company for proper disposal
2. Upon receipt of the application, DNOCOP or the District Commander, as the case may be, shall evaluate the applicant's capability and apprise CMEPCOM of the result thereof with appropriate recommendations for the issuance of an Accreditation Certificate to the applicant.
3. The AC of S, CG-9 shall prepare the accreditation certificate for signature of CPCG.
4. List of accredited contractors shall be posted at 0/CG-9, HMEPCOM and in all CG Districts and Stations.
5. Accreditation certificates shall be valid for a period of one (1) year. Accredited contractors may file an application for its renewal before the expiration of the above-mentioned period.
VII. FEES:
The following fees shall be charged:
a. Inspection/Testing of equipment - P 600.00
b. Accreditation Certificate - P1, 000.00
VIII. PENALTY CLAUSE:
A. Any contractor undertaking tank cleaning operations and/or involved in the collection and disposal of diluted oil and other related substances within Philippine territory without the proper accreditation certificate from the PCG shall be held administratively liable and the violators shall be subject to a fine of P10, 000.00
B. Ship owners, who through the master or agent, shall fail to secure the clearance from CPCG as prescribed in paragraph A.I. or shall allow tank cleaning operations to be conducted by any contractor without the required accreditation certificate from the PCG shall be held administratively liable and shall be subject to a fine of P10.000.00
C. The master of the vessel shall be held liable for any violation of marine pollution laws and shall be subject to fines stipulated in rules and regulations implementing these laws.
IX. REPEALING CLAUSE:
Memorandum Circular No. 05-2001 dated 19 August 2001 is hereby repealed.
X. EFFECTIVITY:
This Memorandum Circular shall take effect after fifteen (15) days after publication in the Official Gazette or in the newspaper of national circulation in the Philippines.
ARTHUR N GOSINGAN
VADM PCG
Commandant, PCG
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
REQUEST FOR CLEARANCE TO CONDUCT
TANK CLEANING OPERATIONS
Name of Vessel:
Address & Tel No:
Kind of License and
No: Issued at:
Issued on:
Expires on:
CSFL/SCSFL: CSFL/SCSFL No:
Issued on:
Gross Tonnage:
Net Tonnage:
Owner/Operator/Master:
Address:
Marine Pollution Equipment Materials
Reception Facility
Oil Spill Booms
Oil Skimmer
Particulars of Request
Dates of Tank Cleaning:
Requested Tank Cleaning Site:
Last Port of Call:
Description of Previous Cargo:
Name and Address of Tank Cleaning Contractor:
Accreditation No. of Contractor and Date Granted:
Number of personnel involved (with training or without):
List of equipment to be used:
Duration of tank cleaning (man hours) and estimated time to commence work:
Number of tanks to be cleared:
Short description of method of tank cleaning:
Disposal system:
Short description of emergency procedures (in case of fire or casualties etc.):
Certification
The undersigned hereby certifies [a] that the contents of this application form is correct to the best of my/our knowledge; and [b] that I/we bind myself/ourselves to comply with existing regulations in connection with our request.
____________________ __________________________
Date Owner/Operator/Master/
Representative
DO NOT WRITE BELOW
FOR AUTHORIZED PCG PERSONNEL ONLY
Form Control No:
Date of Application:
Recommendation:
Approve
Disapprove
Reason(s)
Hazardous to human health,
marine life and other resources
May damage amenities or
Interfere with other legitimate uses of the sea
Others
_____________________
_____________________
_____________________
Name and signature of NOCOP/
District Commander/Authorized Representative:
Recommendation:
Approve
Disapprove
Reason(s)
Hazardous to human health,
marine life and other resources
May damage amenities or
interfere with other legitimate
uses of the sea
Others
_____________________
_____________________
_____________________
Name and signature of CMEPCOM /Authorized Representative:
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
REQUEST FOR ACCREDITATION TO CONDUCT
TANK CLEANING OPERATIONS
Name of Contractor:
Address & Tel No:
Kind of License and
No: Issued at:
Issued on:
Expires on:
Owner/Operator: Address:
New Applicant
For Renewal For Renewal Only:
Accreditation No.
Issued On: Expires On:
Documents to Support Request
Articles of Incorporation Other Documents:
List of Equipment __________________________
List of Qualified Personnel __________________________
to conduct tank cleaning __________________________
operations
Certification
The undersigned hereby certifies [a] that the contents of this application form is correct to the best of my/our knowledge; and [b] that I/we bind myself/ourselves to comply with existing regulations in connection with our request for accreditation.
__________________ ________________________________
Date Owner/Operator/Master/
Representative
DO NOT WRITE BELOW
FOR AUTHORIZED PCG PERSONNEL ONLY
Form Control No:
Date of Application:
Recommendation:
Approve
Disapprove
Reason(s)
Failed to meet prescribed
requirements
Others__________________ Name and signature of NOCOP/
District Commander/Authorized Representative:
Recommendation:
Approve
Disapprove
Reason(s)
Failed to meet prescribed
requirements
Others
_____________________
_____________________
_____________________
Name and signature of CMEPCOM/Authorized Representative:
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
CLEARANCE TO CONDUCT
TANK CLEANING OPERATIONS
Name of Vessel:
Address & Tel No:
Kind of License and No: Issued at:
Issued on:
Expires on:
Gross Tonnage:
Net Tonnage:
Owner/Operator/Master: Address:
Dates of Tank Cleaning:
Tank Cleaning Site:
Last Port of Call: Description of Previous Cargo:
Name and Address of Tank Cleaning Contractor:
Accreditation No. Of Contractor and Date Granted:
Number of personnel involved (with training or without):
List of equipment to be used
Duration of tank cleaning (man hours) and estimated time to commence work:
Number of tanks to be cleared
Short description of method of tank cleaning:
Disposal system:
Short description of emergency procedures (in case of fire or casualties etc.):
IMPORTANT: This Special Permit is non-transferable and is subject to Grantee’s compliance with HPCG Memorandum Circular No. 05-2001 dated June 19, 2001 and existing regulations. Any violation of the terms and conditions set forth above shall constitute sufficient ground for the automatic revocation of the privilege to dump/discharge waste and/or other matter, without prejudice to the imposition of appropriate sanctions.
SPECIAL PERMIT NO:
Issued on: Expires on:
Issued At:
Name and signature of Commandant, Philippine Coast Guard/Authorized Representative:
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
ACCREDITATION TO CONDUCT
TANK CLEANING OPERATIONS
Name of Contractor:
Address & Tel No:
Kind of License and No: Issued at:
Issued on:
Expires on:
Owner/Operator: Address:
IMPORTANT: This Special Permit is non-transferable and is subject to Grantee’s compliance with HPCG Memorandum Circular No. 05-2001 dated June 19, 2001 and existing regulations. Any violation of the terms and conditions set forth above shall constitute sufficient ground for the automatic revocation of the privilege to dump/discharge waste and/or other matter, without prejudice to the imposition of appropriate sanctions.
ACCREDITATION NO:
Issued on: Expires on:
Issued At:
Commandant, Philippine Coast Guard/Authorized Representative: