Details

Parent Category: MEMO

Published: 07 January 2014

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 . . . . . . . . 02-2005)

PREVENTION OF POLLUTION BY GARBAGE FROM SHIP

1. AUTHORITY:

a. Executive Order No. 292
b. Presidential Decree No. 5173
c. Presidential Decree No. 600
d. Presidential Decree No. 979
e. Annex V of the International Convention for the Prevention of Pollution from Ships, MARPOL 73/78

2. PURPOSE:

The purpose of this Memorandum Circular is to provide implementing rules to prevent pollution by garbage from ships within the territorial and arch pelagic waters of the Philippines.

3. SCOPE:

This Memorandum Circular shall apply to all Philippine registered vessels engaged in international or domestic trade and to all small crafts within the Philippine territorial and arch pelagic waters.

4. DEFINITION OF TERMS:

a. Waste - unnecessary or superfluous matters, which are to be discarded. For purposes of this Circular, the term “wastes” shall be used synonymously with the term garbage.

b. Food Wastes - any spoiled or unspoiled victual substances, such as fruits, vegetables, dairy products, poultry, meat products, food scraps, food particles and other matter contaminated by these substances, generated aboardship, principally in the galley and dining areas.

c. Plastic - solid material containing one or more synthetic organic high polymers and which is formed/shaped by heat and/or pressure either during the manufacture of the polymer or the fabrication into a finished product, have material properties ranging from hard and brittle to soft and elastic, and is used for marine purposes including, but not limited to packaging, ships construction, disposable eating utensils, bags, sheeting, floats, fishing nets, strapping bands, rope and line.

d. Domestic Waste - all types of food waste and wastes generated in the living spaces on board the ship.

e. Cargo-Associated Waste - any matter which have become waste as a result of cargo stowage and handling, including, but not limited to dunnage shoring, pallets, lining and packing materials, plywood, paper, cardboard, wire and steel strapping.

f. Maintenance Waste - any matter collected by the engine and deck department while maintaining and operating the vessel, such as soot, machinery, deposits, scraped paint, deck sweeping, wiping waste and rags, etc.

g. Operational Waste - all cargo associated with maintenance waste and cargo residues.

h. Dishwater - residue from the manual or automatic washing of dishes and cooking utensils which have been pre-cleaned to the extent that any food particles adhering to it would not normally interfere with the operation of automatic dish washers.

i. Cargo Residues - remnants of any cargo material on board that cannot be placed in proper holds or which remains in cargo holds or elsewhere after unloading procedures have been completed.

j. Fishing Gear - any device or part thereof that may be placed in the water for the purpose of capturing, or controlling for subsequent capture, living marine or freshwater organisms.

k. Special Permit - a document issued by the Philippine Coast Guard in favor of ship operators and shipyards, granting the latter the authority to dump wastes/garbage into the sea or any body of water within the territorial jurisdiction of the Philippines, subject to specified conditions prescribed by PCG rules and regulations on dumping and discharge of waste and other harmful matters.

l. Special Area - a body of water, which due to recognized technical reasons in relation to its oceanographic and ecological condition and strategic importance, is deemed subject to special control.

m. Reception Facility - refers to a port garbage discharge
reception facility provided by the Philippine Ports Authority (PPA) or a mobile discharge reception service provided by, or approved contract with or a permit issued by the PPA, Environmental Management Bureau (EMB) or the Department of Environment and Natural Resources (DENR), as the case may be.

5. POLICIES:

a. Prohibitions: It shall be unlawful for any person to dispose into any body of water within the Philippines:

(1) Any material made of plastic including, but not limited to synthetic fishing nets and plastic garbage bags; or

(2) Any domestic, cargo-associated, maintenance and/or operational waste.

b. Exceptions: The prohibitions in the preceding paragraph shall not apply in the following instances:

(1) Disposal of garbage into any body of water shall be done at the nearest land in accordance with Annex 1.

(2) Disposal of garbage resulted as a consequence of damage to the ship arising from accidents like collision at sea, sinking and/or grounding as a result of force majeure or if the disposal appears to be the only way of averting grave, real and imminent danger to life or property, provided that the damage caused by reason of the disposal is less than would have otherwise occurred.

(3) Disposal into any body of water of harmful substances or wastes containing substances is allowed by a Special Permit issued by Commandant, PCG in accordance with PCG rules governing the dumping and discharge of waste and other harmful matters. In no case shall any form of discharge be made in the Special Areas.

6. Requirements

a. Ship Operators

(1) Minimize the generation of garbage by limiting the taking aboardship of potential garbage.

(2) Replace disposable plastic sheeting used for cargo protection with permanent, re-useable covering materials.

(3) Adapt storage systems and a method that shall promote the re-use of covering, dunnage, shoring, dining and packing materials

(4) Dispose garbage at the port reception facilities and retain on board appropriate facilities to be approved by the PCG, for the discharge of garbage on Philippine waters.

(5) Utilize comminuters or grinders capable of passing through a screen with an opening not greater than twenty-five (25) millimeters before disposal.

(6) Develop waste management plans and submit it to the Commander, Marine Environmental Protection Command for approval. Once approved, the plan shall be incorporated into the crew and vessel operating manuals.

b. Vessels

(1) Plastic garbage shall be disposed at port reception facilities.

(2) Every vessel shall have a shipboard team responsible for proper handling and storing garbage.

(3) Passengers shall be briefed on the shipboard garbage disposal system.

(4) A summary of the restrictions regarding the discharge of garbage from ships shall be permanently posted on board in a conspicuous place.

(5) Officers on board and/or the crew shall assist in the recovery and proper disposal of potentially harmful garbage.

(6) A garbage disposal logon the following matters shall be maintained on board:

(a) Loss of fishing gears

(b) Discharge of cargo residues

(c) Discharge at port reception facilities

(d) Discharge of garbage at sea

(7) There shall be adequate and appropriate garbage containers aboardship

c. Others

(1) Shipyards shall provide reception facilities and/or services for garbage and other form of refuse from ship calling in for repairs.

(2) Port authorities shall provide appropriate reception facilities for vessel calling in their ports.

7. PENALTIES:

Any person who shall be found to have violated any of the provisions of this Circular shall be liable to pay the administrative fine in the amount of Ten Thousand Pesos (P10,000.00), without prejudice to civil and/or criminal action(s) which the PCG may file against the violator whenever warranted.

8. REPEALING CLAUSE:

Memorandum Circular No. 03-2001 dated 15 June 2001 entitled Prevention of Pollution by Garbage from Ship is hereby repealed.

9. 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

ANNEX I

Illegal to Dump Illegal to Dump Illegal to Dump Illegal to Dump
Philippine Lakes, Rivers Bays, Sounds and 3 miles (3 to 12 miles) (12 to 25 miles) (outside 25 miles)

Plastic & Garbage Plastic Dunnage, Plastic Dunnage, Plastic and the like
Paper lining & packing materials lining & packing
Metal the float. Also if not found materials that float
Rags to less than one inch:
Crockery Paper
Glass Crockery
Dunnage Rags
Metals
Glass
Food

ANNEX II

MATTERS THAT MAY NOT BE DUMPED

Philippine Lakes, 3 to 12 miles 12 to 25 miles outside 25 miles
Rivers Bays, Sounds and 3 miles

Plastic & Wastes Plastic Plastic Plastic and similar matter
Paper Dunnage Dunnage
Metal Lining Lining
Rags Packing materials that float Packing materials that float
Crockery If not found to less than
Glass one (1) inch:
Dunnage Paper
Crockery
Rags
Metals
Glass
Food

Details

Parent Category: MEMO

Published: 07 January 2014

TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(Headquarters Philippine Coast Guard)
139 25th Street, Port Area
Manila

17 October 2005

MEMORANDUM CIRCULAR )
:
NUMBER. . . . . .. . . .04-2005)

ACCREDITATION OF OIL WATER SEPARATORS, OIL CONTAINMENT, RECOVERY AND DISPERSAL EQUIPMENT AND CHEMICAL DISPERSANTS

1. AUTHORITY:

Presidential Decree No. 600, as amended by Presidential Decree 979, empowers the Philippine Coast Guard to promulgate and enforce rules and regulations for the prevention and control of marine pollution.

2. SCOPE:

This Memorandum Circular shall apply the following:

a. Vessels four hundred (400) gross tons and above and oil terminals discharging oily and dirty ballast;

b. Self-propelled barges/tankers, vessels towing dumb barges, refineries and depots;

c. Oil refineries and major oil loading ports; and

d. Manufacturers, dealers or distributors of oil-water separator, oil containment, recovery and dispersal equipment, or chemical dispersant.

3. PURPOSE:

The purpose of this Circular is to prescribe the procedures for the accreditation of chemical dispersants, oil containment, recovery dispersal equipment and oil separators separators, prescribe requirements to be observed by the subjects of this Circular, and to impose the corresponding sanctions for its violation.

4. GENERAL REQUIREMENTS:

a) All oil-water separating equipment installed on board vessels of 400 gross tons and above and oil tankers 150 GT and above shall be duly approved by the Philippine Coast Guard (PCG) to insure that any oil mixture discharged into the open sea, while the vessel is underway, after passing through the separators or filtering system have an oil content of not more than 15 parts per million (ppm).

b) Self-propelled barges/tankers and vessels towing dumb barges containing oil in special areas shall have on board at least one (1) 210 liter drum of dispersants. (Same as para 4c)

c) Oil companies shall provide the following PCG-approved items:

(1) Twenty (20) drums of dispersants to refineries;

(2) Five (5) drums of dispersants to depots;

(3) Oil containment, recovery and dispersal equipment to major oil- loading ports; and

(4) Appropriate receiving facility equipped with an oil water separator to oil terminals discharging oil and ballast.

d) PCG personnel shall not engage in the manufacture, dealing or distribution of oil-water separators, oil containment, recovery and dispersal equipment or chemical dispersants.

5. PROCEDURE:

a) Applications for the type or brand accreditation of chemical dispersants, oil containment, recovery and dispersal equipment and oil-water separators shall be filed with the Director, National Operations Center for Oil Pollution (DNOCOP), Farola Compound, Binondo, Manila. The application shall include brochures/catalogues with specifications from the manufacturer for study and evaluation.

b) Upon receipt of the application, DNOCOP or his duly authorized representative shall conduct tests on the operational capabilities and effectiveness of the oil-water separators, oil containment, recovery and dispersal equipment or toxicity of chemical dispersants, as the case may be, and submit to Commander, Marine Environmental Protection Command (CMEPCOM) the result of such test and his recommendation thereon.

c) If found satisfactory, CMEPCOM shall recommend to the Commandant, Philippine Coast Guard (CPCG) the issuance of a certificate of accreditation in favor of the manufacturer/dealer/distributor for the particular model/type or brand of the item(s) for which accreditation is requested.

d) Prior to the installation of any equipment on board vessels, in oil terminals, refineries and depots, CMEPCOM shall be informed in writing by its manufacturer dealer or distributor.

6. FEES:

The following fees shall be imposed for the issuance of a Certificate of Accreditation:

a. Testing fee for Oily-Water Separators (Three (3) samples at P2,000.00/sample) Php 6,000.00

b. Toxicity and Effectiveness Test for Oil Spill Dispersant Php 3,000.00

c. Accreditation Fee for each type of Oil Containment and Recovery Equipment Php 1,000.00

d. Fee for Certificate Php300.00

7. PENALTY CLAUSE:

a. In case of failure of the equipment, after its installation to produce an effluent within the standards set by the PCG resulting to pollution of the sea due to mechanical defect already existing prior to its installation, the manufacturer/dealer/distributor from whom the equipment was purchased shall be held administratively liable and shall be subject to an administrative fine in the amount of Ten Thousand Pesos (P10, 000.00) and the cancellation of the Certificate of Accreditation. Provided further that the defective equipment shall be replaced at the expense of the manufacturer/distributor/dealer upon coordination with the owner/operator of the vessel or oil firm.

b. If an equipment/dispersant heretofore prescribed is installed/provided without the Certificate of Accreditation from the PCG, the owner/operator of the vessel or firm concerned shall pay the fine in the amount of Ten Thousand Pesos (P10, 000.00) and shall effect the immediate replacement of the equipment/dispersant without prejudice to his right of action against the manufacturer dealer or distributor, who is subsidiarily liable.

c. The fines/penalties herein prescribed shall be imposed only after the offender shall have been found guilty of the imputed violation in an administrative investigation conducted by Investigation and Adjudication Officer.

8. REPEALING CLAUSE:

Memorandum Circular No. 06-2001 dated 16 September 2001 is hereby repealed.

9. 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

ANNEX I

RULES OF PROCEDURE BEFORE THE INVESTIGATION AND ADJUDICATION OFFICER FOR MARINE ENVIRONMENT PROTECTION AND POLLUTION CASES

SECTION 1 - Title - These rules to be known as the Rules of Procedure shall govern the procedure before the Investigation and Adjudication Officers (IAO) of the Philippine Coast Guard.

SECTION 2 - Applicability - These rules shall apply to all marine environment protection and pollution cases brought before the IAO.

SECTION 3 - Construction - These rules shall be liberally construed in order to promote public interest and to assist the parties in obtaining just, speedy and inexpensive determination of action or proceedings. Formal requirements shall not affect the intrinsic validity of the proceedings, provided that the information and facts alleged therein are clearly indicated for the judicious disposition of the case.

SECTION 4 - Nature of Proceedings - Consistent with the requirements of due process, proceedings before the IAO shall be summary in nature and need not necessarily adhere to or follow the technical rules of evidence obtaining in courts of law. The Rules of Court shall not apply in said proceedings, except in a suppletory character and whenever applicable.

SECTION 5 - Jurisdiction - The IAO shall investigate and adjudicate violations of existing marine environment protection and pollution laws, rules and regulations. Provided, however, that the Commandant, PCG may allow of transfer of venue of the investigation from one district to another when he deems this course of action to be more expeditious, advantageous and in the interest of justice. Provided, finally that the IAO designated for Headquarters, Marine Environmental Protection Command and such other major units of the Philippine Coast Guard shall take cognizance of marine environment protection and pollution cases with international character or as the Commandant, PCG may deem appropriate. Minor and medium oil spills fall within the jurisdiction of DNOCOP/District Commanders. Administrative cases involving major oil spills fall within the jurisdiction of HMEPCOM.

SECTION 6 - Investigation, How Initiated - Administrative investigation may be commenced by:

a. The Command, motu propio;

b. Sworn complaint of any person;

c. Inspection/Apprehension Report accomplished by the Philippine Navy or Philippine Coast Guard units; and

d. By filing of marine protest.

Summons and/or complaint shall be served personally upon the parties. If the receipt of the summons and/or complaint is refused, service shall be made by tendering it to him. When the parties cannot be personally served with summons, service shall be made by registered mail or by publication as the case may be.

SECTION 7 - Time to Submit Evidence – The parties and their witnesses shall be notified in writing of the scheduled investigation at least five (5) days before the date thereof, specifying the time and place of investigation. Provided that within five (5) days from receipt of notice the parties shall submit evidence before the IOA. Provided further that the service of an Inspection/Apprehension Report (IAR) shall be sufficient to require the respondent to submit evidence within ten (10) days before the IAO.

SECTION 8 - Conduct of Investigation - In any investigation commenced pursuant to Section 7, hereof, the parties shall be given the opportunity to present their case or defense by way of submitting affidavits and other supporting evidence on the date, time and place specified in the notice of investigation or within ten (10) days after receipt of an Investigation/Apprehension Report (IAR). Affidavits submitted by the parties shall constitute their direct testimonies. After the reglementary period has prescribed IAO can take action on the basis of the evidence on record.

SECTION 9 - Clarificatory Questions - When in the discretion of the IAO there are matters that need to be clarified, he may set the administrative case for hearing. Clarificatory questions raised by any of the parties shall be submitted to the IAO who shall propound the questions to the witnesses.

SECTION 10 - Expert Witnesses - Government expert witnesses, such as doctors of medicine, handwriting experts, and chemist, among others, need not be summoned to testify on their reports, which shall be accepted at their face value and upon their official certification.

SECTION 11 - Appearance and Admission of Violation - On or before the date of investigation, the respondent may admit the charge(s) to the IAO. This admission shall be made on record. Thereafter, a Report shall immediately be made stating the admissions and recommending the imposition of the appropriate administrative sanctions and the case shall be considered terminated.

SECTION 12 - Decision/Judgment – After due investigation, the IAO shall render a decision not later than thirty (30) days from the time it is submitted for decision. The parties shall be notified of the decision by personal service or registered mail as the case may be.

SECTION 13 - Finality of Decision and Appeal - Decisions of the IAO shall be final and executory within fifteen (15) days from receipt of a copy thereof, unless appealed to the proper reviewing authority.

Decisions of the IAO in minor and medium oil spills are appealable to HMEPCOM. On the other hand, decisions of the IAO in major oil spills are appealable to the Commandant, PCG. In all cases, a Notice of Appeal shall be filed to the IAO whose decision is appealed from within fifteen (15) days from receipt this decision.

SECTION 14 - How Appeal is Taken - Appeal may be taken by filing upon the IAO a Notice of Appeal within a period of fifteen (15) days from receipt of the decision.

SECTION 15 - Contents of Notice of Appeal - A Notice of Appeal shall specify and designate the errors of the judgment or decision, or part thereof appealed from. The IAO, shall, upon receipt of a Notice of Appeal and perfection thereof, transmit the record to the proper reviewing authority.

SECTION 16 - Appeal By One of Several Respondents - When there are several respondents in a case, any one or all of them may appeal, but any respondent who does not join the appeal shall not be prejudiced thereby, except when there is manifest error in the appealed decision.

SECTION 17 - Withdrawal of Appeal - Notwithstanding the perfection of the appeal, the Commandant, PCG may allow the same at any time before the appeal is finally resolved by the Commandant in which case the appealed decision shall stand as though no appeal had been taken.

SECTION 18 - Decision on Appeal Cases - The proper reviewing authority shall decide the appealed case on the basis of the entire record of the investigation before the IAO. The parties shall be notified of the decision by personal service or by registered mail as the case may be.

SECTION 19 - Repealing Clause - The Rules of Procedure Governing the IAO for Marine Environmental Protection and Pollution Cases which form part of Annex III of HPCG Memorandum Circular No. 03-94 (dated 16 August 1994) is hereby repealed.

SECTION 20 - Effectivity Clause - These rules shall take effect upon the effectivity of HPCG Memorandum Circular 04-2005. They shall govern all cases which are filed subsequent to the effectivity of these rules and pending cases, after they take effect, except to the extent that in the opinion of the Commandant, PCG, their application would not be feasible or would work injustice, in which event the former procedure shall apply.

ARTHUR N GOSINGAN
VADM PCG
Commandant, PCG

Details

Parent Category: MEMO

Published: 07 January 2014

TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(HEADQUARTERS, PHILIPPINE COAST GUARD
139 25th Street, Port Area
Manila

25 October 2005

MEMORANDUM CIRCULAR)
:
N U M B E R . . . . . .05-2005)

SHIPBOARD OIL POLLUTION EMERGENCY PLAN FOR PHILIPPINE REGISTERED VESSELS

I. AUTHORITY:

a. Presidential Decree No. 5173
b. Presidential Decree No. 600
c. Presidential Decree No. 979
d. Regulation 26 of Annex I MARPOL 73/78
e. Executive Order No. 292

2. PURPOSE:

The purpose of this Memorandum Circular is to provide implementing guidelines for the development of a Shipboard Oil Pollution Emergency Plan for ships.

3. SCOPE:

This Memorandum Circular shall apply to all Philippine registered vessels engaged in international or domestic trade.

4. DEFINITION OF TERMS:

a. Oil Tanker - a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers or any “chemical tanker” constructed or adapted primarily to carry cargo of noxious liquid substances in bulk or when it is carrying cargo other than noxious liquid substances but part of it is oil in bulk.

b. Ship - vessel other than an oil tanker of any type operating in the marine environment and includes floating crafts and fixed or floating platforms.

c. Incident - an event involving the actual or probable discharge into the sea of any harmful substance, or effluents containing such substance.

d. Plan – refers to the Shipboard Oil Pollution Emergency Plan mandated by this Circular.

5. POLICY:

All oil tankers of 150 gross tonnages and above and every ship other than an oil tanker of 400 gross tonnages and above shall carry on board a Shipboard Oil Pollution Emergency Plan (SOPEP) approved by the PCG.

6. GENERAL REQUIREMENTS

a. Ship Operators/Oil Companies

Developed shipboard oil pollution emergency plans of every ship shall contain at least the following items:

(1) Procedures to be observed by the master or other persons having charge of the ship in case of an oil pollution incident.

(2) List of authorities or persons to contact in the event of an oil pollution incident.

(3) Detailed description of actions to be taken immediately by persons on board in order to reduce or control the discharge of oil as a result of the incident.

(4) Procedures and point of contact on the ship for purposes of coordinating shipboard activities with national and local authorities in combating pollution.

(5) Necessary assistance to the master in meeting the demands of a major discharge should it involved in one.

(6) Provisions on:

(a) Coastal State report on actual and probable discharge

(b) List of persons to contact in the port and ships.

(c) Coastal State contacts in agencies or officials of administration responsible for receiving and processing reports.

(d) Steps to control discharge during operational spills through on-board resources or hiring clean-up company.

(e) Priority actions in shipboard emergencies.

(f) Ship’s lay-out and plans appendices.

(g) National and local coordination entities and their roles in case of emergencies falling within their jurisdiction.

b. Ships

(1) Ensure the availability of the plan for inspection and evaluation at all times.

(2) Conduct regular drills/exercises and periodic review of the plan at least yearly to keep up with changes in local laws and policies.

(3) After using the plan in an incident, evaluate it and whenever necessary to suit the current condition.

7. PROCEDURE:

a. Ship operators shall have a copy of the proposed Plan in writing to the Commander, MEPCOM or the Coast Guard District Commander concerned as the case may be for evaluation and approval prior to its implementation aboardship (Annex II – Format of a Shipboard Oil Pollution Emergency Plan).

b. No alteration or revision on the plan shall be made without the approval of the PCG.

c. The Plan shall be effective for a period of three (3) years from the date of its approval and may be renewed prior to the expiration of this period by observing the procedure prescribed in this Circular. The existing plan shall remain effective until the approval of the proposed modified Plan.

d. The Plan shall cease to be valid if significant alterations or revisions are made without the approval of the PCG.

8. PENALTY CLAUSE:

Shipowners through the master or agent, whose vessels have been found to have no Plan on board, shall be administratively liable and shall be subject to a fine of Ten Thousand Pesos (P10, 000.00).

The Shipowner shall reimburse the master/agent the amount defrayed by the latter in payment of the administrative penalty. In case of inability of the master/agent to pay the penalty, the Shipowner shall be subsidiarily liable. The administrative penalty mentioned in the preceding paragraphs is without prejudice to other sanctions that the PCG may impose for violation of other rules and regulations arising from the same incident.

9. REPEALING CLAUSE:

Memorandum Circular No. 08-2001 dated 20 July 2001 is hereby repealed.

10. EFFECTIVITY CLAUSE:

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

ANNEX I

FORMAT OF A SHIPBOARD OIL POLLUTION EMERGENCY

INDEX OF SECTIONS

Section Title

1…………………………. Preamble

2…………………………. Reporting Requirements

• 2.1 When to Report

• 2.2 Information Required

• 2.3 Contact Persons

3…………………………. Steps to Control Discharge

• 3.1 Operational Spills

• 3.2 Spills Resulting from
Casualties

4………………………….. National and Local Coordination

5………………………….. Additional Information

Appendices

INTRODUCTION

1. This Plan was prepared in accordance with the provisions of Regulation 26 of Annex I of the International Convention for the Prevention of Pollution from Ships, l973, as modified by the Protocol of l978 relating thereto.

2. The purpose of the Plan is to provide assistance to the master and officers on board the ship with respect to the steps to be taken during a pollution incident or whenever there is a threat of such incident.

3. The Plan contains all information and operational instructions required by the Regulation. The appendices contain the names and contact numbers of all contact persons referred to in the Plan, and other reference materials that may be helpful in the event of an oil pollution incident.

4. This Plan has been approved by the Philippine Coast Guard and, except as provided below, no alteration or revision thereof shall be valid unless duly approved by the PCG.

5. The appendices need not be approved by the Philippine Coast Guard. The appendices shall be maintained and updated by the owners, operators and manager.

SECTION 1: PREAMBLE

1. This section contains an explanation of the purpose and use of the plan and indicates how the shipboard plan relates to other shore-based plans.

2. This section includes information relating to the following:

2. 1 Time to Report

This section shall contain information on the time to report actual and/or probable discharges.

2. 2 Information required

This section contains information required for the initial report and supplementary or follow-up reports. The reporting format reporting format is illustrated in Table 1.

SS ( BRIEF DETAILS OF WEATHER AND SEA CONDITIONS)
Wind Swell
Direction: Speed: Direction: Height:
TT (CONTACT NUMBERS OF SHIP’S OWNER/OPERATOR/AGENT)

UU(SHIP SIZE AND TYPE)
Length: Breadth: Draught: Type:
XX(ADDITIONAL INFORMATION)
Brief Details of the Incident Need for Assistance

Actions Taken No. of Crew & Details of Injuries

Details From P&I CLUB & Local Correspondent Other Information:

Footnote: The alphabetical reference letters in the above format are based on the “General principles for ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances, and/or marine pollutants” adopted by the International Maritime Organization in Resolution A.648 (16). The letters do not necessarily follow the complete alphabetical sequence as certain letters are used to designate information required for other standard reporting formats, e.g. those used to transmit route information.

2.3 Contact Persons
This section shall refer the Plan user to Appendices separately listing contacts
for the following:

a. Coastal state contacts

b. port contacts

c. ship interest contacts

A format of how this information shall be presented is covered in the appendices.

SECTION 3: PROCEDURE TO OBSERVE IN CONTROLLING A DISCHARGE

3. This section shall ensure that the provisions of Regulation 26 of Annex 1 of MARPOL 73/78 regarding procedures to be observed in controlling a discharge are complied with and shall include information relating to the following:

3.1 Operational Spills

This section shall contain ship-specific information concerning measures to be taken in response to an operational spill. As a minimum requirement, procedures to address spills resulting from pipe leakage, tank overflow and hull leakage shall be included.

3.2 Spills resulting from casualties

This section shall contain ship-specific and company-specific information concerning actions to take in addressing the following casualty scenarios: grounding, fire/explosion, collision, hull failure, and excessive list among others. This section shall also provide information on priority actions to be taken.

Information shall be given in the form of a checklist whenever applicable. Information relating to response activities and personnel responsibilities shall be presented in a similar format as given in Table II below:

TABLE 2

Operational Action to be taken Designated Crew Member
Spill Type (State rank/rating only)

Where appropriate this section shall provide a list of information required for making damage stability and damage longitudinal strength assessments.

SECTION 4: NATIONAL AND LOCAL COORDINATION

4. This section shall contain information which may be helpful in assisting the master in initiating actions by coastal state and local government. Dependent on the ship’s trade, this section shall include information that will assist the master in responding to the incident in case the response organized by shore authorities is inadequate.

SECTION 5: ADDITONAL INFORMATION

5. This section shall contain additional information included in the Plan at the owner’s discretion:

5.1 Plan review procedures

5.2 Training and drill procedures

5.3 Record-keeping procedures

5.4 Public affairs policy of the owners/operators

5.5 Others

APPENDICES

The following appendices shall be attached to the Plan, as a minimum requirement:

a. List of coastal State contacts

b. List of port contacts as appropriate

c. List of ship interest contacts

d. Ship’s plan and drawings

Additionally the following information may be attached:

a. Summary flowchart (consideration shall be given to adapting the flowchart for bulkhead display on board.

b. Information relevant to the roles and responsibilities of national and local authorities

c. Other reference materials.

TABLE 1

SHIPBOARD OIL POLLUTION EMERGE

SHIP INTEREST CONTACTS
I. Owner/Operator Contacts
Name of Institution/ Address Means of Remarks
Representative Communication

Phone
Fax
Mobile
Telex
E-mail
INMARSAT
B. Other Ship Interest Contacts
Name of Institution/
Representative Address Means of Remarks
Communication
1. Charter Phone
Fax
Mobile
Telex
E-mail
INMARSAT
2. Local Agent Phone
Fax
Mobile
Telex
E-mail
INMARSAT
3. Phone
Fax
Mobile
Telex
E-mail
INMARSAT

SAMPLE FORMAT FOR INITIAL NOTIFICATION

AA (SHIP NAME, CALL, SIGN, FLAG)

D D H H M M

CC (POSITION, LAT, LONG) OR DD (BEARING,
DISTANCE
FROM LANDMARK)
N S

d d m m d d d

E W

d d d m m N Miles

EE (COURSE) FF (SPEED, KNOTS)

d d d Kn Kn 1/10

LL (INTENDED TRACK)

MM (RADIO STATIONS (S) GUARDED)

NN (DATE AND TIME OF NEXT REPORT, UTC)

D D H H M M

PP (TYPE AND QUALITY OF CARGO/BUNKERS ON BOARD)

QQ (BRIEF DEATILS OF DEFECTS/DEFICIENCES/DAMAGE)

RR (BRIEF DETAILS OF THE POLLUTION, INCLUDING AN ESTIMATE OF THE QUANTITY LOST)

ANNEX II

SHIPBOARD OIL POLLUTION EMERGENCY PLAN-SUMMARY FLOWCHART

This section shall contain a chart outlining the course of action that shipboard personnel are required to observe in responding to an oil pollution emergency based on the guidelines published by the PCG. The diagram need not be exhaustive and shall not be used as a sole reference in response. Consideration shall be given for the inclusion of specific references to the Plan. The steps are designed to assist ship personnel in actions to stop or minimize the discharge of oil and mitigate its effects. These steps fall into two main categories namely, reporting and action.

DISCHARGE OF OIL
Probable or Actual

ASSESSMENT OF THE
NATURE OF THE INCIDENT

TIME TO REPORT
• All probable and actual spills

MODES OF REPORTING
• By the most expeditious means through coastal radio station
• Designated ship movement reporting station
• Rescue Coordination Center (at sea)
• Through the most expeditious and accessible means to local authorities

CONTACT PERSONS
• Nearest coastal State
• Harbor and terminal operators (in port)
• Shipowner’s managers, P & I insurer
• Head Charterer; cargo owner
• Refer to contact lists

MATTERS TO BE REPORTED
• Initial Report
• Follow-up reports
• Characteristics of oil spilled
• Cargo/ballast/bunker dispositions
• Weather and sea conditions
• Slick movement
• Assistance required
 Salvage
 Lightening capacity
 Mechanical equipment
 External strike team
 Chemical dispersant/degresant

Measures to take in order to minimize the escape of oil and threat to the marine environment:

NAVIGATIONAL MEASURES SEAMAN MEASURES

• Alter course/ position and/or speed

• Change of list and/or trim

• Anchoring

• Setting aground

• Initiate towage

• Assess safe haven requirements

• Weather/tides/swell forecasting

• Slick monitoring

• Record of events and communication taken

• Safety assessment and precaution

• Advice on priority countermeasures preventive measures

• Damage stability and stress considerations

• Ballasting/ de-ballasting

• Internal cargo transfer operations

• Emergency ship-to-ship transfer of cargo

• Set up shipboard response for:
 Leak sealing

 Fire fighting

 Handling of shipboard response equipment
(if available)

 Etc.

STEPS TO INITIATE EXTERNAL RESPONSE

• Refer to coastal Port State listing for local assistance

• Refer to ship interest contact list

• External clean-up resources required

• Continued monitoring of activities

Details

Parent Category: MEMO

Published: 07 January 2014

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: