- Details
- Parent Category: MEMO
TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(HEADQUARTERS, PHILIPPINE COAST GUARD)
139 25th Street, Port Area
Manila
28 October 2005
MEMORANDUM CIRCULAR)
:
NUMBER . . . . . . . . 06-2005)
ISSUANCE OF INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE TO PHILIPPINE REGISTERED VESSELS
I. 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.
II. SCOPE:
Apply to all Philippine registered vessels engaged in international or domestic trade.
III. PURPOSE:
To prescribe the procedure for the issuance of International Oil Pollution Prevention Certificate to Philippine registered vessels.
IV. 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 and any “chemical tanker” constructed or adapted primarily to carry cargoes of noxious liquid substances in bulk.
B. Product carrier - an oil tanker engaged in the trade of carrying oil other than crude oil.
C. Segregated Ballast Tank - a tank which is completely separated from the cargo oil and oil fuel system permanently allocated to the carriage of ballast or cargoes other than oil or noxious substances.
D. Dedicated Clean Ballast Tank - a tank primarily constructed for carrying ballast which, if such effluent were discharged into clean water would not produce visible traces of oil on the water surface upon adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
E. Oily-Water Separating Equipment - a separator or filter, or any combination thereof, which is designed to produce effluent containing less than 100 parts per meter of oil.
F. Oil Filtering Equipment - any combination of a separator and a filter of coalescer, which is designed to produce effluent containing not more than 15 parts per meter of oil.
G. Oil Discharge Monitoring and Control System - a system consisting of a control unit, a computing unit and a circulating unit. This system shall be equipped in oil tankers of 150 tons gross tonnage and above and shall record continuously the discharge of oil in liters per nautical mile and total quantity of oil discharged or in lieu thereof, the oil content of the effluent and rate of discharge.
H. Cargo Tank Cleaning System - a system equipped in a crude oil tanker of 20,000 tons deadweight and above using crude oil washing.
I. New Ship
1. A ship for which the building contract is placed after 31 December 1995; or
2. In the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 30 June 1996; or
3. The delivery of which is after 31 December 1999; or
4. Which has undergone a major conversion;
a. for which the contract is placed after 31 December 1995; or
b. in the absence of a contract the construction work of which completed after 31 December 1999.
J. Existing Ship - a ship which is not a new ship.
V. GENERAL REQUIREMENTS:
A. All ships
1. Ships of 400 gross tons but less than 10.000 gross tons shall be provided with:
a. OWS equipment capable of producing an effluent with an oil content not exceeding 15 parts per million
b. Tank(s) of adequate capacity, having regards to the type of machinery and length of voyage, to receive the oily residues (sludge) such as those resulting from the purification of fuel and lubricating oils and oil leakages in machineries. The oil residues shall then be discharged into reception facilities.
c. ORB, whether as part of the ship's official log book.
2. Ships of 10,000 gross tons and above shall be provided with:
a. An oil discharge monitoring and control system in addition to the OWS equipment stated in Section 5A(1)(a).
b. Tank(s) of adequate capacity) to receive oily residues such as those resulting from the purification of fuel and lubricating oils and oil leakages in the machinery spaces. The oily residues shall then be discharged into reception facilities.
c. ORB, whether as part of the ship's official log book.
3. Vessels of less than 400 GRT shall be fitted with a holding tank having adequate capacity for the total retention on board of the oil bilge water for subsequent discharge to reception facilities.
4. All oil water separator equipment shall be duly approved by the Philippine Coast Guard.
5. Requirement of Section V(A)(1)(a) and V(A)(2)(a) can be waived subject to the provision stated in Section VII(A)(1) of this Circular.
B. Oil Tankers
1. Oil tankers of 150 tons tonnage and above shall be provided with an oil discharge monitoring and control system, in addition to the Oily Water Separating Equipment, approved/accredited by the Philippine Coast Guard.
2. The above requirements shall not apply to oil tankers of less than 150 gross tons for which the control of discharge of oil shall be affected by the retention of oil on board with subsequent discharge of all contaminate washing to reception facilities.
3. Requirement of Section V (B) (1) can be waived subject to the provision stated in Section VII (A) (2) of this Circular.
4. Existing oil tankers of 40,000 tons DWT engaged in international voyage shall:
a. Be provided with segregated ballast tank(s) of adequate capacity so as to allow the ship to operate safely on ballast voyage without recourse to the se of cargo tanks for water ballast.
b. Adapt cargo tank cleaning procedures using crude oil washing in lieu of the requirement prescribed above; or
c. Dedicated clean ballast tanks in lieu of the above.
5. New oil tankers of 20, 000 tons DWT and above engaged in international voyage shall:
a. Be provided with segregated ballast tank(s) of adequate capacity so as to allow the ship to operate safety on ballast voyage without recourse to the se of tanks for water ballast.
b. Adapt cargo tank cleaning procedures using crude oil washing.
6. An oil tanker operating with dedicated clean ballast tanks shall be equipped with an oil content meter, duly approved by the PCG, to enable supervision of the oil content in ballasts water being discharged. The vessels shall further be provided with the following:
a. Dedicated clean ballast tank operating manual and
b. A supplement to the oil record book in the form specified in Annex II. The supplement shall be permanently attached to the Oil Record Book.
C. Product Carriers
1. New product carriers of thirty thousand (30,000) tons deadweight and above shall be provided with segregated ballast tank(s) of adequate capacity so as to allow the ship to operate safely on ballast voyage with out recourse to the se of cargo tanks for the water ballast.
2. Existing product carriers of forty thousand (40,000) tons deadweight and shall be provided with segregated ballast tanks, or alternatively operated with dedicated clean ballast tanks equipped with an oil content meter duly accredited by the PCG. Provided that vessels operating with dedicated clean ballast tanks shall be equipped with the following:
a. Dedicated clean ballast tank operating manual and
b. A supplement to the oil record book in the form specified (Annex II). The supplement shall be permanently attached to the oil record book.
VI. PROCEDURE FOR THE APLICATION OF IOPPC/OPPC:
A. Shipowners shall forward their applications for the IOPP Certificate in writing to the Commander, Marine Environmental Protection Command (CMEPCOM).
B. Prior to the issuance of the Certificate and before the ship is put on service, an initial survey shall be undertaken by the Coast Guard District or Maritime Safety Officer. In case the Certificate is being issued for the first time, the initial survey shall include a complete survey of the marine sanitation device or sewage treatment plant.
C. After the survey, no significant changes or alterations shall be made in the structure, equipment, fittings, arrangements or materials covered by the survey without written authority from the Commandant, Philippine Coast Guard.
D. CMEPCOM, through AC of S, CG-9, may recommend to the Commandant, PCG the accreditation of classification societies or survey organizations/societies that may conduct the above-mentioned surveys.
E. Vessels found to have complied with the provisions of this Circular shall be issued an IOPP Certificate signed by the Commandant, PCG subject to the condition that periodical surveys shall be conducted every two years. Vessels found to be in order, shall be issued a Certificate of Inspection which shall be carried on board at all times.
F. Intermediate surveys endorsed on the IOPP Certificate shall be conducted every two (2) years from the issuance of the Certificate. Failure to submit the vessel to the periodical survey shall warrant the suspension of the IOPP Certificate.
G. The IOPP Certificate shall have duration of 5 years from the date of issue but can be extended for a period not longer than three (3) months. If they vessel at the time when the certificate expires is not in a port or off-shore terminal subject to the jurisdiction of the Philippines. Provided further that the extension may be allowed only for the purpose of completing its voyage and returning to port for purpose of survey and then only in case where it appears proper and reasonable to do so. Vessels granted an extension shall not, upon its arrival at its homeport or the port where it is to be surveyed, be entitled by virtue of such extension, the right to leave that port without having obtained a new certificate.
H. The Certificate shall cease to be valid: (1) Upon the expiration of the IOPP Certificate, i.e., five (5) years from its approval; and (2) whenever significant alterations have taken place in the system/ equipment without a written authority from the Commandant, PCG.
VII. PROCEDURES FOR THE APPLICATION OF WAIVERS:
A. Requirement for the Oily Water Separator and Oil Discharge Monitoring System maybe waived provided that all the following conditions are complied:
1. Oily Water Separator
a. Vessel is engaged exclusively on voyages within specific areas at regular basis
1. Length of voyage does not exceeded 72 hours.
2. The ship is fitted with holding tank/s of adequate capacity for the retention of oily mixtures on board.
3. All oil bilge water is retained on board for subsequent discharge to reception facilities.
4. The PCG has determined there is adequate reception facilities at the next port of call.
5. Quantity, time and port of the discharge are recorded in the Oil Record Book.
2. Oil Discharge Monitoring System
a. Voyage is within 50 miles from the nearest land (reckoned from country’s baseline).
b. Length of voyage is 72 hours or less.
c. Tanker is engaged exclusively in trades between port/terminals within the country.
d. Tanker is fitted with a slop tank of adequate capacity to retain all oil mixtures on board for subsequent discharge to reception facility.
e. The PCG has determined there is adequate reception facility at the next port of call.
f. Quantity, time and port of the discharge are recorded in the Oil Record Book.
B. Procedure
1. Application of waiver from using either or both discharge Monitoring Equipment and the Oil Water Separator shall be made in writing and in a letter addressed to the Commander, Marine Environmental Protection of the Philippine Coast Guard. To be attached to the letter is an affidavit undertaking executed by the master of the ship and the vessel owner or charter party, attesting the vessel is in compliance with the requirement of these guidelines and the planned ports of call within the territorial Philippines of said vessel.
2. Within 15 days from receipt of application, the applicant must arrange for an ocular inspection of the vessel applied for and reception facilities in the planned ports of call of the vessel. Expenses for the inspection will determined whether the vessel is in compliance with abovementioned affidavit of undertaking and that the reception facilities on the planned ports of call are adequate and within standards of Annex 1 of MARPOL 73/78, as amended.
3. Within 15 days from the date of inspection the Marine Environmental Research and Development Center shall issue a memorandum of inspection to the Commander, MEPCOM, certifying whether or not the vessel applied for the vessel is in compliance with abovementioned affidavit of undertaking and that the reception facilities in the planned ports of call are adequate and within standards of Annex 1 of MAR4POL 73/78, as amended.
4. Within five (5) days from his receipt of the Memorandum of Inspection, he Commander, MEPCOM shall prepare and request CPCG the issuance of a Certificate of Waiver, or Conditional of Waiver subject to compliance to certain requirements and time period for compliance, or denial of application, provided that in case of denials of application shall be made issued, no re-application may be entertained for a period of one year from date of the denial.
VIII. FEES:
IOPPC/OPP Certificate Issuance - P 1, 000.00
Issuance of Waiver - P 1, 000.00
IX. PENALTIES:
An administrative fine in the amount of (P10,000.00) for every violation of the General Requirements provided in this Circular, without prejudice to the cancellation of the IOPP Certificate.
X. REPEALING CLAUSE:
Memorandum Circular No. 09-2001 dated 19 August 2001 is hereby
XI. 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
Headquarters Philippine Coast Guard
139 25th Street, Port Area
Manila
I. OIL RECORD BOOK
Name of Ship: Total cargo carrying capacity of ship in cubic meters:
Voyage from (Date):
Voyage to (Date):
I. LOADING OF OIL CARGO
Date and place of loading:
Types of oil loaded:
Identity of tank(s) loaded Closing of applicable cargo tank valves
and applicable line cut-off valves on
completion of loading
Certification
The undersigned certifies that in addition to the above, all sea valves, overboard discharged valves, cargo tank and pipeline connections and inter-connections, were secured on completion of loading oil cargo.
Date of Entry: Officer in charge: Master:
II. INTERNAL TRANSFER OF OIL CARGO DURING VOYAGES
Date of internal transfer:
Identity of tank(s):
Tank(s) emptied at:
Tank(s) emptied on:
Certification
The undersigned certified that in addition to the above, all sea valves, overboard discharge valves, cargo tank and pipeline connections and interconnections, were secured upon completion of internal transfer of oil cargo.
Date of Entry:
Officer in charge: Master:
III. UNLOADING OF OIL CARGO
Date and place of unloading: Identity of tank(s) unloaded
Tanks emptied at: Tanks emptied on:
Opening of applicable cargo tank valves and applicable line-cut off valves prior to cargo unloading:
Closing of applicable cargo tank valves and applicable line cut-off valves on completion of loading:
Certification
The undersigned certifies that in addition to the above, all sea valves, overboard discharge valves, cargo tank and pipeline connections and inter-connections, were secured upon completion of unloading of oil cargo.
Date of Entry Officer in charge Master
IV. BALLASTING OF CARGO TANKS
Identity of tank(s) ballasted:
Date of ballasting:
Position of ship at start of ballasting: Time valves were opened: Time valves were closed:
Date valves were opened: Date valves were closed:
Position of ship when valves were opened: Position of ship when valves were closed:
Certification
The undersigned certifies that in addition to the above, all sea valves, overboard discharge valves, cargo tank and pipeline connections and inter-connections were secured upon completion of ballasting.
Date of Entry: Officer in charge: Master:
V. CLEANING OF CARGO TANKS
Identity of tank(s):
Date cleaned:
Duration of cleaning:
Methods of cleaning:
VI. DISCHARGE OF DIRTY BALLAST
Identity of tank(s):
Ship's speed during discharge:
Date of discharge at sea: Position of ship when discharge at sea was commenced:
Date discharge at sea was concluded: Position of ship at the time discharge at sea was concluded:
Quantity discharged at sea:
Quantity of polluted water transferred to slop tank(s) (identify slop tanks):
Date of discharge into shore
reception facilities: Port of discharge into shore reception facilities:
Was any part of the discharge conducted during darkness?
Yes Duration: _________
No Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
Yes When: _________
No
Was any oil observed on the surface of the water in the locality of the discharge?
Yes When: _________
No Type of oil observed:
VII. DISCHARGE OF WATER FROM SLOP TANKS
Identity of slop tank(s): Time of settling from last entry of residues or time of settling from last discharge:
Date of discharge: Time of discharge:
Position of ship when discharge was commenced: Sounding of total contents when discharge was commenced:
Sounding of oil/water interface when discharge was commenced
Sounding of oil/water interface when discharge was concluded
Bulk quantity discharged and rate of discharge:
Final quantity discharged and rate of discharge:
Ship's speed during discharge Was any part of the discharge conducted during darkness?
Yes Duration: _________
No
Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
Yes When: _________
No Was any oil observed on the surface of the water in the locality of the discharge?
Yes When: _________
No
VIII. DISCHARGE OF CLEAN BALLAST CONTAINED IN CARGO TANKS
Date discharge was commenced: Position of ship when discharge was commenced:
Identity of tank(s) discharged Empty tanks at the time of completion
Was any part of the discharge conducted during darkness?
Yes Duration: _________
No Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
Yes When: _________
No
Was any oil observed on the surface of the water in the locality of the discharge?
Yes When: _________
No
IX. DSCHARGE OVERBOARD OF BILGE WATER CONTAINING ACCUMULATED OIL IN MACHINERY SPACES WHILE IN PORT
Port of Discharge:
Duration of stay:
Quantity disposed: Method of disposal (state whether a separator was used):
Date of disposal: Place of disposal:
X. ACCIDENTAL OR OTHER EXCEPTIONAL DISCHARGE OF OIL
Date and time of occurrence:
Place or position of ship:
Approximate quantity of oil:
Type of oil:
Circumstances of discharge or escape, the reasons therefore and general remarks:
Has the oil monitoring and control system bent out of operation at any time when discharging overboard?
Yes No
Time and date of failure:
___________________
Time and date of restoration:
_______________________
Cause(s) of failure:
_______________________
_______________________
_______________________
_______________________
_______________________
Headquarters Philippine Coast Guard
139 25th Street, Port Area
Manila
SUPPLEMENT TO OIL RECORD BOOK FOR OIL TANKERS
OPERATED WITH DEDICATED CLEAN BALLAST TANKS
OIL RECORD BOOK
Name of Ship Distinctive numbers or letters
Total cargo carrying capacity (in cubic meters) Total dedicated clean ballast capacity (in cubic meters)
Tanks designated to clean ballast tanks and its volume (in m3):
NOTE: The periods covered by the Supplement should be consistent with the periods covered by the Oil Record Book:
I. BALLASTING OF DEDICATED CLEAN BALLAST TANKS
Identity of tank(s) ballasted Quantity of clean ballast taken on board
Date water intended for flushing port ballast was taken to dedicated clean ballast tank(s) Position of ship when water intended for flushing port ballast was taken to dedicated clean ballast tank(s)
Date pump(s) and lines were flushed to slop tank Position of ship when pump(s) and line were flushed to slop tank
Date when additional ballast water was taken to dedicated clean ballast tank(s) Position of ship when additional ballast water was taken to dedicated clean ballast tank(s)
Date when valves to cargo tanks were closed Position of ship when valves
to cargo tanks were closed
Date when valve to slop tanks
were closed Position of ship when valve to slop tanks were closed
Date when other valves affecting the clean ballast system were closed: Position of ship when other valves affecting the clean ballast system were closed:
II. DISCHARGE OF CLEAN BALLAST
Identity of tank(s) Date of discharge into sea/reception facility:
Time of discharge into sea/reception facility Position of ship at the time discharge of into sea/reception facility was commenced
Date of completion of discharge
Time discharge was completed
Position of ship upon completion of discharge
Quantity discharged into sea/reception facility
Was the ballast water checked for oil contamination before discharge?
Yes When: _________
No Was the discharge monitored during discharge by an oil content meter?
Yes When: _________
No
Was there any indication of oil contamination of the ballast water before during discharge?
Yes When: _________
No Date valves to slop tank and other valves affecting the clean ballast system were closed
Time valves to slop tank and other valves affecting the clean ballast system were closed
Position of ship at the time valves to slop tank and other valves affecting the clean ballast system were closed
Quantity of polluted water transferred to slop tank(s)
Identity slop tank(s)
Date pump and lines were flushed after loading Position of ship at the time pump and lines were flushed after loading
Certification
The undersigned certifies that, in addition to the above, all sea valves cargo tank and pipeline connections and connections between tanks or inter-connection, were secured on the completion of ballasting of dedicated clean ballast tanks.
Date of Entry Officer in charge Master
Headquarters Philippine Coast Guard
139 25th Street, Port Area
Manila
SUPPLEMENT TO OIL RECORDS BOOK FOR CRUDE OIL TANKERS OPERATIONG WITH A CARGO TANK CLEANING PROCEDURE USING CRUDE OIL WASHING
Name of ship Distinctive number of letters
Total cargo carrying capacity (in cubic meters)
Voyage from (Date & Port): Voyage to (Date & Port)
I. CRUDE OIL WASHING
Date and time crude oil washing was commenced Date and time crude oil washing was completed
Port where crude oil washing was carried out of ship's position if done between two discharged berths
Number of machines used
Washing pattern employed Washing line pressure
Identity of tank(s) washed
Remarks
Certification
The tanks were washed in accordance with programs given in the Operations and Equipment and confirmed dry on completion.
Date of Entry Officer in charge Master
II. WATER RINSING OR FLUSHING OF TANK BOTTOMS
Date and time of rinsing/flushing Position of ship at the time of rinsing or flushing
Identity of tank(s)
Volume of water used
Transferred to:
Reception facilities Date: _________
Slop tanks
Date: _________
Identity slop tank(s)
Certification
The tanks were washed in accordance with programs given in the Operations and Equipment and confirmed dry on completion.
Date of Entry:
Officer in charge:
Master:
Headquarters Philippine Coast Guard
139 25th Street, Port Area
Manila
OIL POLLUTION PREVENTION CERTIFICATE
Name of Ship: Distinctive Number:
Gross Tonnage:
Date of building or major conversion contract:
Type of Ship:
Crude oil tanker
Product carrier
Crude oil/ product carrier
Others
_________________
Date on which keel was held as ship was at a similar stage of construction or on which major conversion was commenced:
IMPORTANT: This IOPP is non-transferable and is subject to Grantee’s compliance with the terms and conditions set forth HPCG Memorandum Circular No. ___________ dtd ______________ and existing regulations. Any violation shall constitute sufficient ground for the automatic revocation of the Certificate, without prejudice to the imposition of appropriate sanctions.
CERTIFICATE NO:
Issued on: Expires on:
Issued At:
Commandant, Philippine Coast Guard/Authorized Representative:
Headquarters Philippine Coast Guard
139 25th Street, Port Area
Manila
CERTIFICATE OF INSPECTION
New Applicant Intermediate Survey
Date of Last Survey:
Name of Ship Distinctive Number
Name of Shipowner/Representative and Address Gross Tonnage
Inspection Proper Checklist
Part I - All Ships
1. Oily-water separating equipment (capable of producing effluent with an oil content not exceeding 100 parts per million)
Yes None
2. Oil filtering system (capable of producing effluent with an oil content not exceeding 100 parts per million)
Yes None
For ships of 10,000 tons gross tonnage and above:
3. Oil discharge monitoring and control system
Yes None
4. Oily-water separating equipment and an oil filtering system (capable or producing effluent with an oil content not exceeding 15 parts per million) in lieu of (a) or (b) above
Yes None
Part B - Oil Tankers
1.Carrying Capacity: 2. Deadweight of ship
(metric tons): 3. Length of ship (m):
4. Equipped with any of the following
Segregated ballast tanks
Cargo tank cleaning system using crude oil washing
Dedicated clean ballast tanks
- Dedicated Clean Ballast Tank Operation Manual
Place of Inspection:
Witnesses to the Inspection:
1._________________________
___________________________
2. _________________________
___________________________
3. _________________________
___________________________
Date of Inspection:
Time of Inspection:
Remarks:
Date of next intermediate survey: Coast Guard District Commander/Maritime Safety Officer:
- Details
- Parent Category: MEMO
TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(HEADQUARTERS PHILIPPINE COAST GUARD)
139 25th Street, Port Area
1018 Manila
03 November 2005
MEMORANDUM CIRCULAR)
:
NUMBER . . . . . . . . 07-2005)
PREVENTION OF POLLUTION BY SEWAGE FROM SHIPS
1. AUTHORITY:
a. Republic Act No. 5173
b. Presidential Decree No. 600
c. Presidential Decree No. 979
d. Annex IV of the International Convention for the Prevention of Pollution from Ships, MARPOL 73/78
e. Executive Order No. 292
2. PURPOSE:
The purpose of this Memorandum Circular is to provide implementing rules to prevent pollution by sewage from ships.
3. SCOPE:
This Memorandum Circular shall apply to:
a. All Philippine registered vessels 200 gross tonnage and above, and
b. All Philippine registered vessels less than 200 gross tonnage, which is certified to carry more than fifty (50) persons, whether engaged in domestic or international trade.
4. DEFINITION OF TERMS:
a. "Vessel" means a ship of any type operating in the marine environment, including hydrofoil boats, aircushion vehicles, submersible, floating craft and fixed or floating platforms.
b. "Sewage" means:
1) Drainage and other wastes from any form of toilets, urinals and water closed scuppers;
2) Drainage from medical premises (dispensary, sickbay, etc.) via wash- basins, wash tubs and scuppers located in such premises.
3) Drainage from spaces containing living animals; or
4) Other wastes water mixed with any of the drainages defined above.
c. "Holding Tank” means a tank used for the collection and storage of sewage.
d. "Nearest Land" means from the closest shoreline of all bodies of water within Philippine territory.
e. "Special Area" means 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 such as the Laguna de Bay, Manila Bay, Pasig River, Taall Lake, marine parks and reserves, tourist spots, etc.
f. "Marine Sanitation Devices" means shipboard equipment that collect, store, treat and discharge sewage overboard as per figure in Annex A.
g. "Reception Facility" refers to a port sewage discharge reception facility provided by the Philippine Ports Authority (PPA) or a mobile discharge reception service provided by, or approved on contract and permit with the PPA, the Environmental Management Bureau (EMB) or the Department of Environment and Natural Resources (DENR), as the case may be.
5. POLICIES:
a. Vessels covered by this Circular are required to have an International Sewage Pollution Prevention (ISPP) Certificate on board at all times.
b. Vessels covered by this Circular shall be provided with marine sanitation devices or sewage treatment plant with faucal coliform count not exceeding 250 faucal coliforms per 100 millimeter MPN (most probable number) as determined by multiple tube fermentation analysis or any equivalent analytical procedure.
c. The geometric mean of the total suspended solids standard of the effluent sample shall not exceed 50 milligrams per liter (mg/l) when tested on shore.
d. The geometric means of the total suspended solid content of effluent samples shall not exceed 100 mg/l of the suspended solid contents of ambient water used for flushing purposes when tested aboardship.
e. The plant or devices shall be designed in such a manner that the geometric means of the 5-day Biochemical Oxygen Demand (BOD5) of the effluent samples taken during the test period do not exceed 50 mg/l.
f. The use of ozone ultraviolet eradication or any other disinfectant that minimize any adverse effect on the environment while pursuing the faucal coliform standard is highly encouraged.
g. The equipment shall operate for shipboards or marine use; and
h. To enable the connection of reception facility pipes to the ship’s discharge pipeline, both lines shall be fitted with standard discharge connection in accordance with the following table:
STANDARD DIMENSION OF FLANGES FOR DISCHARGE CONNECTION
DESCRIPTION DIMENSION
Outside diameter 210 mm
Inner diameter According to the pipe’s outside diameter
Bolt center diameter 170 mm
Slots in flange 4 holes 18 mm in diameters equidistantly placed on a bolt circle of the above diameter slotted to the flange periphery. Slot width shall be 18mm.
Flange thickness 16 mm
Bolts and nuts quantity and diameter 4 each of 16 mm diameter and of suitable length
The flange shall be designed to accept pipes up to a maximum diameter of 100 mm and steel or equivalent material having a flat face suitable for a service pressure of 6kg/sq cm.
For ships having a molded depth of 3 meters or less, the inner diameter of the discharge connection may be 38 millimeters.
6. DISCHARGE OF SEWAGE:
a. The discharge of sewage into Philippine waters is prohibited except when:
1) The ship is discharging contaminated and disinfected/treated sewage at a distance of more than five (5) nautical miles from the nearest shoreline;
2) The ship is discharging sewage which is not contaminated or disinfected/treated at a distance of more than twelve (12) nautical miles from the nearest shoreline;
3) The ship has in operation an approved sewage treatment plant and that the effluent shall neither produce visible and floating solids nor cause the discoloration of surrounding waters; or
4) The discharge is necessary for purposes of securing the safety of the ship and/or saving life at sea in case of a real, grave and imminent danger, provided that all reasonable precautions have been taken to prevent or minimize the discharge. Provided further, that in the first two exceptions the sewage that has been stored in holding tanks shall not be discharged instantaneously but at a moderate rate when the ship is enroute and proceeding at no less than four (4) knots.
7. PROCEDURE FOR THE ISSUANCE OF AN ISPP CERTIFICATE:
a. Shipowners of vessels covered by this Circular shall file an application before the Commander, Marine Environmental Protection Command (Attn: Director, NOCOP) the Certificate to vessels covered in this Circular.
b. Prior to the issuance of the Certificate and before the ship is put on service, an initial survey shall be undertaken by the PCG or its duly authorized representative. In case the Certificate is being issued for the first time, the initial survey shall include a complete survey of the marine sanitation device or sewage treatment plant. Periodical surveys to be conducted annually and during dry docking in order to ensure that the equipment/plant fully complies with the provisions of this Memorandum Circular.
b. After the survey, no changes or alterations shall be made in the system covered by the survey without written authority from the Commandant, PCG.
c. CMEPCOM, through AC of S, CG-9, shall recommend to the Commandant, PCG the accreditation of classification societies or survey organizations/societies that may conduct the above-mentioned surveys.
d. Vessels found to have complied with the provisions of this Circular shall be issued a Certificate signed by the Commandant, PCG subject to the condition that periodical surveys shall be conducted annually during dry docking. If the vessel is found to be in order, a Certificate of Inspection shall be issued by the PCG which shall be carried on board at all times. Failure to submit the vessel to the periodical survey shall warrant the suspension of the ISPP Certificate.
e. The Certificate shall be effective for a period of 5 years from its date of issue.
f. If the vessel, at the time when the certificate expires, is not in port or off-shore terminal subject to the jurisdiction of the Philippines, an extension may be allowed only for the purpose of completing its voyage and returning to port for the purpose of survey.
g. The effectivity of the Certificate shall not be extended to a period longer than three (3) months. Vessels granted an extension shall not, upon its arrival at its homeport or the port where it is to be surveyed, be entitled by virtue of such extension, the right to leave that port without having obtained a new certificate.
h. The Certificate shall cease to be valid: (1) Upon the expiration of the Certificate, i.e., five (5) years from its approval; and (2) whenever significant alterations have taken place in the system/ equipment without a written authority from the Commandant, PCG.
8. FEES:
Ship owners shall be charged Survey Fees in the amount of five thousand pesos (P5,000.00) per survey conducted by the Coast Guard District or Maritime Safety Office.
9. VIOLATIONS:
An administrative fine of ten thousand pesos (P10,000.00) shall be imposed on the Ship owner or his duly authorized representative for every violation of any or all of the following: a. Making any unauthorized significant alterations to the system, particularly Section 5 (Policies) of this Circular, after a survey; b. Failure to have on board a valid ISPP Certificate and/or Certificate of Inspection at all times; and c. Failure to submit the vessel to a periodical survey. The imposition of the administrative penalty mentioned in the preceding paragraph shall be without prejudice to other sanctions that may be imposed for violation of any law, rule or regulation arising from the same act.
10. REPEALING CLAUSE:
Memorandum Circular No. 07-2001 dated 22 June 2001 is hereby repealed.
11. EFFECTIVITY CLAUSE:
This 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
- Details
- Parent Category: MEMO
TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(Headquarters Philippine Coast Guard)
139 25th Street, Port Area
Manila
18 June 2006
MEMORANDUM CIRCULAR)
:
N U M B E R 02-2006)
MARINE POLLUTION INSPECTION/APPREHENSION REPORT
I. AUTHORITY:
A. Presidential Decree No. 600
B. Presidential Decree No. 979
C. International Convention of 1973 for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 (MARPOL 73/78)
D. International Maritime Organization Convention on Oil Pollution Preparedness and Response (OPRC 1990)
II. SCOPE:
This Memorandum Circular shall apply to all Philippine registered vessels engaged in international and domestic trade and to foreign registered vessels, whether engaged in international trade or not in the territorial jurisdiction of the Philippines.
III. PURPOSE:
To prescribe the policies and procedure implementing the provisions of the MARPOL (73/78) and PCG rules and regulations.
IV. DEFINITION OF TERMS:
A. Marine Pollution - the discharge of any form of substance whether liquid, gaseous or solid that may render such waters detrimental or may affect public health, marine life, sea birds or the safety and welfare of domestic, commercial, industrial, agricultural, recreational establishments/institutions
B. Inspection Apprehension Report (IAR) – a written document issued by an Inspection and Apprehension Officer of the Philippine Coast Guard to any person who is apprised of a prima facie finding by the former of the latter’s violation of laws, rules and regulations on marine pollution.
V. PROCEDURE:
A. Domestic Trade Vessel:
Any vessel on domestic trade found to have violated any MARPOL-related regulation shall be issued an IAR by the Director, National Operations Center for Oil Pollution or the Coast Guard District/Station Commander, as the case may be. Apprehending units shall determine the administrative penalty/fine as prescribed in PCG rules and regulations on marine environmental protection. Likewise, a summons shall be issued by the Investigation/Adjudication Officer to the owner/operator and officers of the vessels/shipping company informing them of the charges against them so that they may submit controverting evidence.
B. Philippine Registered International Trade Vessel:
1. Whenever a Philippine registered vessel is inspected while on the territorial waters of another Party and such inspection indicated that there is/are violation/s of the provisions of MARPOL 73/78, the Commandant, Philippine Coast Guard or his duly authorized representative shall be duly notified by the Master/Ship Owner/Charterer/Agency on any entity representing the vessel at the time of apprehension notwithstanding the information to be provided by the Party which has reported the alleged violation/s. Such notification shall include information regarding the violation/s made and the action/s taken to correct same.
2. The Commandant, Philippine Coast Guard may, based on the information and evidences provided by the Party which has reported the alleged violation/s, direct the conduct of an investigation regarding the reported violation/s. The Party which has reported the alleged violation/s and the Organization shall be duly informed of the action taken.
C. Foreign Vessel:
1. Generally, vessels flying the flag of another Party and to which the present Convention applies shall be governed by the inspection procedures of Port State Control. However, if such inspection indicates that the violation/s committed by the vessel cannot be corrected by PSC procedures or there is/are evidence/s that the vessel has discharged any harmful substances in violation of the provisions of the regulations, the Commandant, Philippine Coast Guard shall either apply sanction to the vessel in accordance to the Philippine laws or furnish to the Administration of the vessel such information and evidence/s as may be in its possession that a violation has occurred.
2. Should the latter be resorted to, all evidence/s and necessary documents shall be gathered and forwarded to CMEPCOM and a copy hereof furnished to CPCG (Attn: CG-9) for proper endorsement to the Administration where the ship is registered thru the country’s Foreign Affairs Department for its appropriate action.
3. An IAR shall be issued for violations of HPCG Memo Circulars. The administrative procedure prescribed by the IAO Rules shall be observed and the Investigation and Adjudication Officer shall impose the corresponding fine/penalty as the circumstances may warrant. Undue delay shall not be made on the vessel. The local agent of the apprehended vessel shall be responsible for whatever liability the Ship’s Master may have with respect to these local regulations.
D. Any master of a vessel or person in charge thereof with personal knowledge of any incident of marine pollution shall immediately notify the Philippine Coast Guard, giving particulars of the incident such as: name of the vessel, location, weather condition, type of spill, quantity and other information necessary for the immediate recovery and clean-up operation.
E. The pilot and/or co-pilot in charge of an aircraft shall, without delay, report his observation on any event at sea or at sea port or oil handling terminal/facility involving discharge of oil or the presence of oil to the nearest Philippine Coast Guard unit.
F. Pollution incidents either from land-based or water-borne sources, shall be immediately reported to the PCG or other government agencies for appropriate action.
VI. EFFECTS OF THE ISSUANCE OF AN IAR:
The issuance of an IAR is a mode of initiating administrative proceedings against violators of MARPOL 73/78 and PCG rules and regulations on marine environmental protection. It shall constitute sufficient notice of an administrative case against the person(s) to whom it is issued. For this purpose, a respondent is required to submit evidence for and in his behalf before the Investigation and Adjudication Officer having jurisdiction over the case within ten (10) days from receipt thereof.
VII. RESPONSIBILITY:
A. Commanders, Marine Environmental Protection Command and Coast Guard District/Station:
1. In charge of the inspection and apprehension of persons and entities causing marine pollution.
2. Designate an Investigation and Adjudication Officer who shall conduct an investigation in accordance with the IAO Rules and impose the corresponding administrative fine and penalty.
3. Coordinate with NOCOP on matters requiring technical and laboratory assistance.
B. Commander, National Operation Center for Oil Pollution:
1. Conduct inspection, surveillance and apprehension of persons and entities causing marine pollution.
2. Coordinate with other agencies on matters requiring technical assistance such as laboratory experimentation for investigations, research and prosecution of marine pollution cases.
C. AC of S, CG-9:
1. Prepare endorsement letter of the MARPOL violation of the vessel to be signed by CPCG or his duly authorized representative in case of foreign vessels;
2. Prepare the MARPOL Violation Report/Letter as prescribed in the Integrated Citation Form duly approved by the Commandant, PCG or his authorized representative for Philippine registered vessels plying the international trade; and
3. Monitor and record all reported marine pollution violations
VIII. REPEALING CLAUSE:
Memorandum Circular No. 04-2001 dated 18 June 2001 is hereby repealed.
IX. 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
139 25th Street
Port Area, Manila
MARINE POLLUTION INSPECTION/APPREHENSION REPORT
(Vessels)
Name of Vessel: Address:
Kind of License and No: Issued at: Issued on:
Expires on:
CSFL/SCSFL: CSFL/SCSFL No: Issued on:
Cert of Inspection/Special Permit No.: Issued at: Issued on:
Expires on:
Gross Tonnage: Net Tonnage:
Owner/Operator/Master: Address:
Marine Pollution Equipment/Materials
Reception Facility
Oil Spill Booms
Oil Skimmer
Oil Water Separator
Sorbent Materials Comments
Documents/Papers & Articles Inspected
Deck Logbook
Engineering Log
Bellbook
Navigation Chart
Course Recorder Chart
Navigation Workbook
Compass Deviation Cards
Gyro-Records
Stowage Plans
Records of Draft
Aids to Mariners
Night Order Books
Radiograms Sent and Received
Radio Logs
Crew/Passengers Lists Comments
Documents/Papers/Articles Voluntarily Furnished the PCG
Place of Inspection: Witnesses to the Inspection:
1.__________________________________
Date of Inspection: ___________________________________
___________________________________
Time of Inspection: 2.__________________________________
___________________________________
___________________________________
Violations Of Laws, Rules and Amendments Thereto
Notice of Administrative Case
Pursuant to Presidential Decree No. 979 and MARPOL 73/78, as implemented by Philippine Coast Guard Memorandum Circular No. 04-2001 dated 18 June 2001, the Apprehending Officer finds you prima facie liable for the above-mentioned violation/s. Consequently, you shall be charged before the Investigation and Adjudication Officer (IAO) ___________________________. You are given a period of ten (10) days from receipt hereof to submit evidence and/or appear before the IAO. Failure to do so shall be construed as a waiver of your right to be heard and the case will be decided accordingly.
FOR THE COMMANDANT, PCG
__________________________ ________________________________
OIC/POIC/PCG Inspection/Apprehension Officer
Certification of Orderly Inspection
The undersigned hereby certifies that [a] the inspection was conducted in an orderly manner without the use of force upon my/our person(s) or property; [b] the documents/papers and articles inspected are authentic and the contents thereof are correct to the best of my/our knowledge; [c] that I/we voluntarily furnished the Inspection/Apprehension Officer with copies of the above-enumerated documents/papers &/or articles, and neither was anything taken without proper receipt; [d] we shall make these documents/papers &/or articles available to the IAO upon investigation of the alleged violation(s); [e] that the contents of the Inspection/Apprehension Report is correct and acknowledge receipt of a copy on the day and time written; [f] this statement was freely and voluntarily made without the use of force, threat or intimidation; and [g] the contents of this IAR were translated to me and I have understood the same.
_____________________ ______________________________
Date Operator/Master/Representative
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
139 25th Street
Port Area, Manila
MARINE POLLUTION INSPECTION/APPREHENSION REPORT
(Land Based)
Name of Establishment: Address:
Business Permit No. Issuing Authority: Issued On:
Issued At: Expires On:
Environmental Compliance
Certificate No. Issued On Expires On
Name & Address of the Owner/Operator/Manager: Name & Address of the Safety Environment Officer:
Marine Pollution Equipment Materials
Reception Facility: _____________________
Oil Spill Booms: ________________________
Oil Skimmer: ___________________________
Oil Water Separator: ___________________
Sorbent Materials: _____________________ Comments
Documents/Papers & Articles Inspected
Other documents/papers
______________________
______________________ Comments
Place of Inspection: Witnesses to the Inspection:
1. ________________________________
__________________________________
Date of Inspection: __________________________________
__________________________________
2._________________________________
Time of Inspection: __________________________________
__________________________________
__________________________________
Violations Of Laws, Rules and Amendments Thereto
Notice of Administrative Case
Pursuant to Presidential Decree No. 979 and MARPOL 73/78, as implemented by Philippine Coast Guard Memorandum Circular No. 04-2001 dated 18 June 2001, The Apprehending Officer finds you prima facie liable for the above-mentioned violation/s. Consequently, you shall be charged before the Investigation and Adjudication Officer (IAO) ___________________________. You are given a period of ten (10) days from receipt hereof to submit evidence and/or appear before the IAO. Failure to do so shall be construed as a waiver of your right to be heard and the case will be decided accordingly.
FOR THE COMMANDANT, PCG
________________________________ _____________________________
OIC/POIC/PCG Inspection/Apprehension Officer
Certification of Orderly Inspection
The undersigned hereby certifies that [a] the inspection was conducted in an orderly manner without the use of force upon my/our person(s) or property; [b] the documents/papers and articles inspected are authentic and the contents thereof are correct to the best of my/our knowledge; [c] that I/we voluntarily furnished the Inspection/Apprehension Officer with copies of the above-enumerated documents/papers &/or articles, and neither was anything taken without proper receipt; [d] we shall make these documents/papers &/or articles available to the IAO upon investigation of the alleged violation(s); [e] that the contents of the Inspection/Apprehension Report is correct and acknowledge receipt of a copy on the day and time written; [f] this statement was freely and voluntarily made without the use of force, threat or intimidation; and [g] the contents of this IAR were translated to me and I have understood the same.
_____________________ __________________________
Date Operator/Representative
- Details
- Parent Category: MEMO
| VESSEL INSPECTION GUIDELINES | Port of Inspection:________________ | |
| For TANKERS | Date: ____________Last Inspection | |
| Date: _______________________ | ||
| Name (Former names): _______________ | Manager/Operating Co. ____________ | |
| LOA: _____________________m | Year built/converted ______________ | |
| Max. Draft _________________m | Date last refit ___________________ | |
| DWT _____________________MT | GRT __________________________ | |
| Capacity Barrels, cubes, KL. ______ | Ship Type _____________________ | |
| Class Society _________________ | Ship Status ____________________ |
| A.1 DOCUMENTS-STATUTORY CERTIFICATES | YES | NO | |
| Are the following documents valid and in force? | |||
| CodeChecklist | Yes | No | Remarks |
| MR*1. Certificates of Inspection | |||
| Expiry date _____________ | |||
| MR*2. Coastwise license | |||
| Expiry date _____________ | |||
| NTC*3. Radio License/Certificate | |||
| Expiry date _____________ | |||
| MR*4. Certificate of Public Convenience | |||
| Date issued_____________ | |||
| MR *5. Coastwise Load line Certificate | |||
| Date issued_____________ | |||
| CL*6. P and I Certificate | |||
| Date issued_____________ | |||
| OI*7. Hydro test certificate; Pipeline | |||
| Hydro tester____________ | |||
| OI*8. Cargo Hose test certificate | |||
| Hydro tester____________ | |||
| MR *9. Class Society Certificate (for 500 gross registered tons above) | |||
| Class society_____________ | |||
| DQ*10. De-ratting exemption certificate | |||
| Expiry Date____________ | |||
| MR*11. Certificate of Philippine Registry | |||
| Date issued_____________ | |||
| MI*12. OPPC Certificate | |||
| Expiry Date____________ |
| Following publications are on board | ||||
| CODE | YES | NO | REMARKS | |
| SM | 1. Ship’s operating manual | |||
| (English or Filipino) | ||||
| SM | 2. Company Safety | |||
| Regulations | ||||
| IG 5.3 5.5 13.1 | 3. Emergency procedure | |||
| Guide for: | ||||
| Spillage | ||||
| Pipe Fracture/Hose | ||||
| Bursting | ||||
| Tank Overflow | ||||
| Collision | ||||
| Grounding | ||||
| OI | 4. International Guide for | |||
| Oil Tankers & Terminals | ||||
| (Latest Edition) | ||||
| MI/SO1 1/2 | 5. The following | |||
| Contingencies aboard | ||||
| -Shipboard oil spill | ||||
| contingency plan | ||||
| -Garbage management plan | ||||
| Ship security plan |
| STCW 1. | ||||
| OFFICER’S RANK | MASTER | C/O | C/E | 2/E |
| Certificate held | ||||
| ROC | ||||
| Nav. CG Course | ||||
| Engine CG | ||||
| Course | ||||
| Years on board tankers |
| CODE | YES | NO | |
| SW 11/6 | 2. Do officers have valid PRC licenses? | ||
| SW/MR | 3. Do officers/crew posses appropriate MARINA endorsement | ||
| SW | 4. Do officers/crew posses valid SCBD? | ||
| SW | 5. Have officers/crew undergone GTS Course? | ||
| OI | 6. Are they knowledgeable of safety practices? | ||
| (ISGOTT, SOLAS etc) | |||
| OI | 7. Do crew appear free from liquor/drug influence? |
| YES | NO | REMARKS | ||
| 0I | *1. Is good housekeeping being maintained? | |||
| IG | *2. Are intrinsically safe portable torches being used? | |||
| OI | *3. Do crewmembers have complete PPE (+ 1 spare)? | |||
| SO | 4.Are intrinsically safe/sealed type electrical fittings | |||
| (switches, Sockets, plugs, junction boxes etc) | ||||
| SO 11 2/4 | *5. Are there five hydrants and fire hoses (with multi | |||
| Purpose nozzles)? | ||||
| OI | 6. Do fire extinguishers show regular monthly maintenance | |||
| and had been inspected by a fire engineer company? | ||||
| SO | 7. Do Life jackets have complete accessories? | |||
| IG 4.7 | 8. Are safety posters displayed? | |||
| SO | 9. Can watertight integrity of spaces be achieved? | |||
| SO | 10. Is there at least one suitable portable fire extinguisher | |||
| for every deck level and space? |
- Details
- Parent Category: MEMO
TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(Headquarters Philippine Coast Guard)
139 25th Street, Port Area, Manila
16 June 2006
MEMORANDUM CIRCULAR
NUMBER . . . . . . . . 01-2006
RULE PROHIBITING THE DUMPING AND
DISCHARGING OF WASTES
AND OTHER HARMFUL MATTERS
1. AUTHORITY:
a. Executive Order No. 291
b. Presidential Decree No. 5173 and amendments thereto
c. Presidential Decrees No 600 and 979
d. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter at Sea, 1972
2. PURPOSE:
To prescribe the procedures and policies for the proper dumping of wastes and other harmful matters into Philippine waters in order to prevent pollution which may create hazards to human health, marine life and other resources, damage amenities or interfere with other legitimate uses of the sea.
3. SCOPE:
This Memo Circular shall apply to oil companies, refineries, terminals, depots, ships, tankers, oil barges, dredges oil and gas explorers, power plants, shipyards and other establishments wherein marine pollution originates in these sources such as dumping and discharging through the rivers, estuaries, outfalls and pipelines of waste and other matter within the territorial jurisdiction and exclusive economic zone of the Philippines.
4. DEFINITION OF TERMS:
a. Dumping –
(1) Any deliberate disposal or other matter from vessels, aircraft, platforms or other man-made structures on any body of Philippine waters; or
(2) The disposal of waste or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources.
(3) Unintentional disposal of wastes covered in the preceding paragraphs which could have been controlled or prevented.
b. Vessel – any watercraft or other artificial contrivance, used or capable of being used, as a means of transportation on water.
c. Aircraft – any airborne craft of any type
d. Discharge – the spilling, leaking, pumping, pouring out, emitting, emptying, or dumping of substances except effluents from mills or industrial or manufacturing plants of any kind.
e. Refuse – discharged substances such as garbage, wastes, wood residue, sand lime, cinder ashes, offal, night soil, tar, dye stuffs,
acid chemicals and substances other than sewage and industrial waste that may cause pollution.
f. Waste Disposal – the use of water for the disposal of sewage, industrial waste or other waste either before or after treatment.
g. Sewage –
(1) Drainage and other wastes from any form of toilets, urinals, and waste contaminated (wc) scuppers;
(2) Drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises;
(3) Drainage from spaces containing living animals; or
(4) Other waste waters mixed with the drainage defined above.
h. Harmful substances – substances which if introduced into any body of water, is likely to create hazards to human health, and marine life, damage amenities or interfere with other legitimate uses of the sea.
i. Special Area – a water area which for recognized technical reasons in relation to its oceanographical and ecological condition and to the strategic importance is deemed subject to special control.
j. Special Permit – permission granted by duly authorized personnel of the PCG for the authorized discharge or dumping of waste or other matters into the sea or any body of water subject to specified conditions.
k. General Permit – permit granted by other government agencies in coordination with the PCG for the authorized discharge or dumping of wastes or other matter into the sea or any body of water, subject to prescribed and specified conditions.
5. POLICIES:
a. Prohibitions:
(1) It shall be unlawful for any person to discharge, dump, permit the discharge of noxious, gaseous and liquid substances, waste and other matter in or out from company refineries, terminals, depots, oil companies, ships, tankers, barges, dredges, oil and gas explorers, power plants and shipyards, and other establishments into or upon territorial and inland navigable water of the Philippines.
(2) The permit shall allow the dumping of waste or other matter in whatever form or condition, subject to the terms and conditions set forth herein, and provided further that:
(a) The dumping of waste or other matter listed in Annex I is prohibited;
(b) The dumping of waste or other matter listed in Annex II requires Special Attention (Annex VI);
(3) Prohibitions in the preceding paragraph shall not apply whenever it is necessary to secure the safety of human life or vessels, tankers, oil barges, dredges, platforms or other man-made structures at sea, in cases of force majeure, or in any case where there is real, actual and imminent danger to human life or those mentioned above, provided that dumping appears to be the only was of averting the threat and there is great probability that the damage caused by reason thereof is less than could have otherwise occurred.
(4) Regulatory Requirements:
(a) Disposal of wastes shall be subject to evaluation and other requirements as may be determined by the PCG and other government agencies;
(b) The dumping of harmful substances or wastes containing substances listed in Annex II and Annex III shall be allowed by a permit issued by the Commander, Marine Environmental Protection Command or the appropriate District Commander or his authorized representative, as the case may be or his duly authorized representative.
(c) Concerned parties shall initiate measures to protect the marine environment against pollution caused by:
(.1) Hydrocarbons, including oil and their wastes;
(.2) Other noxious or hazardous matter transported by vessels for purposes other than dumping;
(.3) Wastes generated in the course of operations of vessels, aircraft, platform and other man-made structures at sea;
(.4) Radioactive pollutants from all sources, including vessels;
(.5) Agents of chemical and biological warfare; and
(.6) Wastes or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea- bed mineral resources.
6. PROCEDURE FOR REQUESTS:
a. Requests for dumping shall be forwarded by the requesting party to the respective Coast Guard District (Attn: MEPO) one (1) week prior to the scheduled date for approval of the District Commander or his authorized representative.
b. Disposal shall be done specifically in accordance with the general and special permits, and only in the area designated by the PCG based on the following coordinates:
| CGD NCR-Central Luzon | Lat – 14 deg 20.0’N | Long – 120 deg 00.0 E | or 25 NM SW of Luzon Point |
| CGD Central-Eastern Visayas | Lat – 8 deg 57.0’ N | Long – 122 deg 31.0’ E | or 25 NM SW of Siation Pt. Negros Occidental |
| CGD Southwestern Mindanao | Lat – 7 deg 26.0’ N | Long – 121 deg 28.0’ E | or 25 NM West of Batorampon, Zamboanga del Norte |
| CGD Palawan | Lat – 9 deg 26.0’ N | Long – 119 deg 06.0’ E | or 25 NM SE of Puerto Princesa |
| CGD Southern Tagalog | Lat – 13 deg 25.0’ N | Long – 119 deg 50.0’ E | or 25 NM SW of Lubang Island |
| CGD Western Visayas | Lat – 10 deg 07.0’ N | Long – 121 deg 36.0’ E | or 25 NM SW of Naso Point, Iloilo |
| CGD Northern Luzon | Lat – 16 deg 50.0’ N | Long – 119 deg 54.0’ E | or 25 NM SW of San Fernando, La Union |
| CGD Southeastern Mindanao | Lat – 6 deg 03.0’ N | Long – 126 deg 32.0’ E | or 25NM Cape San Agustin, Davao del Sur |
7. RESPONSIBILITIES:
a. Commander, Coast Guard District:
(1) Issue Special Permit to requesting party prior to, and for, the dumping of matter listed in Annex II;
(2) Provide escort/security to accompany the requesting party;
(3) Supervise the dumping operations thru appropriate action officer and shall coordinate all activities at the scene;
(4) Submit After Dumping Operation Report to Commander, Marine Environmental Protection Command with a copy thereof furnished to CPCG (Attn: CG-9); and
(5) He shall designate an Investigation and Adjudication Officer who shall decide administrative cases against violators of this Circular.
b. Commander, Marine Environmental Protection Command
(1) Provide escort/security/supervision as requested by Coast Guard District Commanders;
(2) Assist Coast Guard District on technical matters and coordination with other agencies;
(3) Monitor dumping operations; and
(4) Conduct inspection, surveillance and apprehension of persons and entities causing marine pollution
c. AC of S, CG-9:
(1) Monitor and record all dumping operations conducted; and
(2) Keep records of the nature and quantities of all matters permitted to be dumped and the location, time and method of dumping.
8. FEES:
Supervision/assistance on dumping of waste and other matter – P1, 500
9. PENALTY CLAUSE:
Violation of any of the provisions under Para 5 of this Memo Circular shall be subject to an administrative fine of no less than P5,000.00 but not more than P10,000.00 for every day during which such violation or default continues by the Coast Guard District concerned.
10. REPEALING CLAUSE:
Memorandum Circular No. 02-2001 dated 14 June 2001 is hereby repealed.
11. 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
LIST OF SUBSTANCES OR MATERIAL THAT ARE PROHIBITED FOR DUMPING
1. Organohalogen compounds
2. Mercury and mercury compounds
3. Cadmium and cadmium compounds
4. Persistent plastics and other persistent synthetic materials for example, netting and ropes, which may float or may remain in suspension in the sea in such a manner as to interfere materially with fishing, navigation, or other legitimate uses of the sea
5. High-level radioactive wastes or other high level radioactive matter, defined on public health, biological, or other grounds, by the competent international body in this field, at present the International Atomic Energy Agency, as unsuitable for dumping at sea
6. Materials in whatever form (eg. Solids, liquids, semi-liquids, gases or in a living state) produced for biological and chemical warfare
7. The preceding paragraphs of this Appendix do not apply to substances which are rapidly rendered harmless by physical, chemical, or biological processes in the sea, provided they do not:
a. Make edible marine organisms unpalatable; or
b. Endanger human health or that of domestic animals.
ANNEX II
LIST OF SUBSTANCES AND MATERIAL REQUIRING SPECIAL ATTENTION
A. Wastes containing significant amount of the matters listed below:
Arsenic
Lead and their compound
Copper
Zinc
Organosilicon compounds
Oyanides
Fluorides
Pesticides and their by-products
B. In the issue of permits for the dumping of large quantities of acids and alkalis, consideration shall be given to the possible presence of such wastes of the substances listed in paragraph A and of the following additional substances:
Beryllium
Chromium and their compounds
Nickel
Vanadium
C. Containers, scrap metal, and other bulky wastes that may sink to the bottom of the sea which may present a serious obstacle to fishing or navigation.
ANNEX III
Provisions to be considered in establishing criteria governing the issuance of permits for the dumping of matter:
A – Characteristics and composition of the matter
1. Total amount and average composition of matter dumped (e.g. per year)
2. Form, e.g. solid, liquid or gaseous
3. Properties: physical, chemical and biological materials or sediments
4. Toxicity
5. Persistence: physical, chemical and biological
6. Accumulation and bio-transformation in biological materials and sediments
7. Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other dissolved organic and inorganic materials
8. Probability of production of taints or other changes reducing marketability of resources (fish, shellfish, etc.)
B – Characteristics of dumping site and method of deposit
1. Location (e.g. coordinates of the dumping area, depth and distance from the coast), location in relation to other areas (e.g. amenity areas, spawning, nursery and fishing areas and exploitable resources).
2. Rate of disposal for specific period (e.g. quantity per day, per week, per month)
3. Method of packaging and containment, if any
4. Initial dilution achieved by proposed method of release
5. Dispersal characteristics (e.g. effects of currents, tides and wind on horizontal transport and vertical mixing)
6. Water characteristics (e.g. temperature, PH, salinity, stratification, oxygen indices of pollution-dissolved oxygen demand (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD)-nitrogen present in organic and mineral for including ammonia, suspended matter, other nutrients and productivity)
7. Bottom characteristics (e.g. topography, geochemical and geological characteristics and biological productivity)
8. Existence and effects of other dumping which have been made in the dumping area (e.g. heavy metal background reading and organic carbon content)
9. In issuing a permit for dumping, contracting parties shall consider whether scientific basis exists for assessing the consequences of such dumping as outlined in this Annex, taking into account seasonal variations.
C – General considerations and conditions
1. Possible effects on amenities (e.g. Presence of floating or stranded material, turbidity, objectionable odor, discoloration and foaming)
2. Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, seaweed harvesting and culture
3. Possible effects on other uses of the sea 9eg. impairment water quality for industrial use, underwater corrosion obstructures, interference with fishing or navigation through deposit of waste or solid objects on sea floor and protection of areas of special importance for scientific or conservation purposes).
4. The practical availability of alternative land-based methods of treatment, disposal or elimination, or of treatment to render the matter less harmful for dumping at sea.
ANNEX IV
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.
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 8. 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 9. 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 of investigation specified in the notice 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 10. 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 11. 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 12. 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 13. 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 14. 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.
SECTION 15. How Appeal is Taken - Appeal maybe taken by serving upon the IAO and/or filing with office of the Commandant, PCG a Notice of Appeal within 30 days upon finality of decision thereof.
SECTION 16. Contents of Notice of Appeal - A Notice of Appeal shall specify and designate errors of the judgment or decision, or part there of appealed from. The IAO, shall, upon receipt of a Notice of Appeal and perfection thereof, transmit the record to the Commandant, PCG.
SECTION 17. 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 18. 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 19. Decision on Appeal Cases - The Commandant, PCG 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 20. 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 21. Effectivity Clause - These rules shall take effect upon the effectivity of HPCG Memorandum Circular 01-2006. 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.
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
APPLICATION FORM FOR SPECIAL PERMIT TO DUMP/DISCHARGE WASTE &/OR OTHER MATTER
(Vessels)
Name of Vessel: Address & Tel No:
Kind of License and No: Issued at: Issued on:
Expires on:
CSFL/SCSFL: CSFL/SCSFL No: Issued on:
Cert of Inspection/Special Permit No.: Issued at: Issued on:
Expires on:
Gross Tonnage: Net Tonnage:
Owner/Operator/Master: Address:
Marine Pollution Equipment Materials Documents/Papers & Articles
Reception Facility Deck Logbook
Oil Spill Booms Engineering Log
Oil Skimmer Bellbook
Oil Water Separator Navigation Chart
Sorbent Materials Course Recorder Chart
Navigation Workbook
Compass Deviation Cards
Gyro-Records
Stowage Plans
Records of Draft
Aids to Mariners
Night Order Books
Radio Logs
Crew/Passengers Lists
Other Official Logs/Articles:
______________________________
______________________________
Particulars of Request
Date and Time of Dumping: Requested Dumping Site:
Type of Waste/Matter: Form of Waste/Matter:
Solid
Liquid
Semi-Liquid
Gaseous
Properties of Waste/Matter: Persistence of Waste/Matter:
Physical Physical
Chemical Chemical
Biological materials Biological
Sediments
Total Quantity of Waste/Matter (in metric tons): Method of Packaging:
Method of Release/Discharge:
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.
___________________________________
Owner/Operator/Master/
Representative
___________________
Date
DO NOT WRITE BELOW
FOR AUTHORIZED PCG PERSONNEL ONLY
Form Control No: Date of Application:
Recommendation: Name and signature of District Commander/
Approved Authorized Representative:
Disapproved
Reason(s)
Hazardous to human health,
marine life and other resources
May damage amenities or
interfere with other legitimate uses of
the sea
Not in accordance with Annexes
of MC No. ______
Outside designated coordinates
Others
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
APPLICATION FORM FOR SPECIAL PERMIT TO DUMP/DISCHARGE
WASTE &/OR OTHER MATTER
(Land Based)
Name of Establishment: Address & Tel No:
Business Permit No. Issuing Authority: Issued On:
Issued At: Expires On:
Environmental Compliance Issued On: Expires On:
Certificate No.
Owner/Operator/Manager: Address:
Safety Environment Officer: Address:
Marine Pollution Equipment Materials Documents/Papers & Articles
Reception Facility
Oil Spill Booms
Oil Skimmer
Oil Water Separator
Sorbent Materials
Particulars of Request
Date and Time of Dumping: Requested Dumping Site:
Type of Waste/Matter: Form of Waste/Matter:
Solid
Liquid
Semi-Liquid
Gaseous
Properties of Waste/Matter: Persistence of Waste/Matter:
Physical Physical
Chemical Chemical
Biological materials Biological
Sediments
Total Quantity of Waste/Matter (in metric tons): Method of Packaging:
Method of Release/Discharge:
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.
___________________________________
Owner/Operator/Master/
Representative
____________________
Date
DO NOT WRITE BELOW
FOR AUTHORIZED PCG PERSONNEL ONLY
Form Control No: Date of Application:
Recommendation: Name and signature of District Commander/
Approve Authorized Representative:
Disapprove
Reason(s)
Hazardous to human health marine life and other
resources
May damage amenities or interfere with other legitimate uses of the sea
Not in accordance with Annexes of MC No. 02-2001
Outside designated
coordinates
Others
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
SPECIAL PERMIT TO DUMP/DISCHARGE
WASTE &/OR OTHER MATTER
(Land Based)
Name of Establishment: Address & Tel No:
Business Permit No. Issuing Authority: Issued On:
Issued At: Expires On:
Environmental Compliance Issued On: Expires On:
Certificate No.
Owner/Operator/Manager: Address:
Safety Environment Officer: Address:
Terms and Conditions
Date and Time of Dumping: Requested Dumping Site:
Type of Waste/Matter: Form of Waste/Matter:
Solid Semi-Liquid
Liquid Gaseous
Properties of Waste/Matter: Persistence of Waste/Matter:
Physical Physical
Chemical Chemical
Biological materials Biological
Sediments
Total Quantity of Waste/Matter (in metric tons): Method of Packaging:
Method of Release/Discharge:
IMPORTANT: This Special Permit is non-transferable and is subject to Grantee’s compliance with HPCG Memorandum Circular No. 02-2001 dtd 14 June 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 District Commander/
Authorized Representative:
Philippine Coast Guard
MARINE ENVIRONMENTAL PROTECTION COMMAND
Farola Compound, Binondo
Manila
SPECIAL PERMIT TO DUMP/DISCHARGE
WASTE &/OR OTHER MATTER
(Vessels)
Name of Vessel: Address & Tel No:
Kind of License and No: Issued at: Issued on:
Expires on:
CSFL/SCSFL: CSFL/SCSFL No: Issued on:
Cert of Inspection/Special Permit No.: Issued at: Issued on:
Expires on:
Gross Tonnage: Net Tonnage:
Owner/Operator/Master: Address and Tel No.:
Terms and Conditions
Date and Time of Dumping: Requested Dumping Site:
Type of Waste/Matter: Form of Waste/Matter:
Solid Semi-Liquid
Liquid Gaseous
Properties of Waste/Matter: Persistence of Waste/Matter:
Physical Physical
Chemical Chemical
Biological materials Biological
Sediments
Total Quantity of Waste/Matter (in metric tons): Method of Packaging:
Method of Release/Discharge:
IMPORTANT: This Special Permit is non-transferable and is subject to Grantee’s compliance with HPCG Memorandum Circular No. 02-2001 dtd 14 June 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 District Commander/
Authorized Representative:
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