Marine Pollution, Prevention, Containment, Abatement and Control (HPCG MC No. 03, 1994)

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PREVENTION, CONTAINMENT, ABATEMENT
AND CONTROL OF MARINE POLLUTION
Coast Guard Memorandum Circular
No. 03, Series of 1994

1. Republic Act 3931
2. Presidential Decree No. 984
3. Presidential Decree No. 600
4. Presidential Decree No. 979

The purpose of this Memorandum Circular is to provide implementing guidelines pursuant to RA 3931, PD 984, PD 600 and PD 979 as rationalized in accordance with the International Convention for Prevention of Pollution from Ships, MARPOL 73/78.

3.    Scope

This Memorandum Circular shall apply to all marine pollution in all bodies of water within the territorial jurisdiction of the Philippines including ports, coastlines, lakes, rivers and their tributaries.

4.    Definition of Terms

a.     Marine Pollution - the alteration of the physical, chemical and biological properties of any body of water as a result of discharges of substances in any form, liquid, gaseous or solid, that will likely to create or render such waters harmful, detrimental or injurious to public health, marine life, sea birds, safety and welfare as well as to domestic, commercial, industrial agricultural, recreational or other legitimate uses.

b.    Oil - petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products except petrochemicals and oil mixed in dredge spoils. (Annex I)

c.    Refuse - discarded substances such as garbage, wastes, wood residue, sand lime, cinder ashes, offal, nightsoil, tar, dye stuffs, acid chemicals and substances other than sewage and industrial waste that may cause pollution.

d.    Discharge - the spilling, leaking, dumping, pouring out, emitting or dumping of substances except effluents from mills or industrial and manufacturing plants of any kind.

e.    Dumping - means:

1. Any deliberate disposal at sea of waste or other matter from vessel, aircraft, platforms or other man-made structure at sea;
2. The disposal of wastes or other matters directly arising from or related to exploitation and associated off-shore processing of seabed mineral resources.

g.    Tanker - any self propelled vessel especially constructed or converted to carry bulk cargo in tanks either for oil or other liquid substances.

h.     Waste Water Treatment Plant - a physical plant for the purpose of treating, neutralizing, stabilizing and disinfecting the water resulting from industrial operations.

i.    Reception facilities - a physical system ashore or afloat used for receiving discharges of oil, refuse and other types of wastes.

j.    Boom - a barrier system designed to contain spillages of oil or other substances.

k.    Oil Skimmer - a device to collect or recover oil spillages from water.

l.    Sorbents - materials that are used to absorb oil or other liquid substances.

m.    Dispersants - non-toxic chemical substances that break oil into particles such that they facilitate the dispersion, evaporation and biodegration of the oil.

n.    Special Permit - permission granted by competent PCG authority for the authorized discharge or dumping of wastes or other matters into the sea or any body of water subject to specified condition.

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

p.    Minor discharge - a discharge to the inland/coastal waters of less than 1,000 liters of oil.

q.    Medium Discharge - a discharge of 1,000 to 10,000 liters of oil to the inland/coastal waters.

r.    Major Discharge - a discharge of more 10,000 liters of oil to the inland/coastal waters.

5.    Policies

a.    Prohibition: It shall be unlawful for any vessel or person to:

1. Discharge oil or oily mixture from machinery space bilges of oil tankers when mixed with cargo oil residue or when transferred to slop tanks;
2. Discharge from cargo pump room bilges of oil tankers;
3. Discharge into the sea of oil or oily mixtures from a ship or tanker while in a special area;
4. Except as otherwise prescribed by the Environmental Management Bureau, incineration of burnable trash or solid manner is allowed and encouraged. Disposal into the sea of solid waste from incineration is permitted except within the designated special area.

1. The discharge or dumping of oil, oily mixture, noxious liquid, harmful substances and other refuse matter into the sea and/or navigable water and its tributaries is done for the purpose of securing the safety of a ship or saving life and property at sea.

2. The discharge of oil, oily mixture, etc., results from damage to ship arising from accidents like collision at sea, sinking and/or grounding as a result of force majeure or if discharging appears to be the only way of averting the danger to human life or property and real threat to vessel and if there is probability that the damage consequent upon such dumping will be less than would otherwise occur.

3. The dumping into the sea of harmful substances or wastes containing substances is allowed by a permit issued by the Commandant, PCG in accordance with specified procedures and manners to be included at such permits. The EMB shall coordinate with the PCG on all requests for permits to dump harmful waste from industrial and manufacturing plants in any navigable water of the Philippines.

4. Any discharge into the sea of oil or oily mixture from ships shall be prohibited except when all of the following conditions are satisfied:

1.     For an oil tanker:

1. the tanker is not within a special area;
2. the tanker is more than 50 nautical miles from the nearest land;
3. the tanker is proceeding en route;
4. the instantaneous rate of discharge of oil content does not exceed (60) liters per nautical mile;
5. the total quantity of oil discharged into the sea does not exceed for existing tanker 1/15,000 of the total quantity of the particular cargo of which the residue formed a part, and for new tankers 1/30,000 of the total quantity of the particular cargo of which the residue formed a part; and
6. the tanker has in operation an oil discharge monitoring and control system, oil water separator and a slop tank arrangement.

2.  From a ship of 400 ton gross tonnage and above other than oil tanker and from machinery space bilges excluding cargo pump room bilges of an oil tanker unless mixed with oil cargo residue:

1. the ship is not within a special area;
2. the ship is more than 12 nautical miles from the nearest land;
3. the ship is preceding en route;
4. the oil content of the effluent is less than 100 parts per million; and
5. the ship has in operation and oil discharge monitoring and control system, only water separating equipment oil filtering equipment or other installation.

3. Discharge of clear on segregated ballast or unprocessed oily [failure] which without dilution has an oil ___ not exceeding 15 parts per million and which does not originate from cargo pump room bilges and is not mixed with oil cargo residue.

1. All vessels shall have on board wooden scupper plugs equivalent to the number of scupper lips and various sizes of wooden plugs for use on possible holes that may develop in the hull.
2. There shall be a minimum of three (3) kilos of rags and other appropriate sorbent materials and appropriate number of open-ended drums with cover for clean-up of oil spills on decks and pump rooms.
3. Vessels of 400 gross tons and above but less than 10,000 GT above shall be fined with an oil-water separating equipment or filtering system duly approved by PCG to ensure that any oil mixture discharged into the open sea after passing through the separator or filtering system shall have an oil content of not more than 100 parts per million. Effluent discharges in ports and harbors to include other navigable lakes and rivers shall not exceed the water quality standards.
4. Vessels of 10,000 gross tons and above shall be fined, in addition to oily-water separating equipment, with an oil discharge monitoring and control system.
5. Every vessel of 400 gross tons and above shall be provided with tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage to receive the oil residues.
6. Vessels less 500 gross tons and above shall be provided with appropriate number of open-ended drums to ensure the storage of oil residues on board for disposal ashore.
7. All passengers and cargo ships above 500 gross tons plying the coastwise route shall have storage tanks for sewage. These tanks shall be fitted with pipes to enable the discharge of accumulated sewage in the open sea while underway.
8. Appropriate number of open-ended drums with adequate covers shall be provided on board all vessels for domestic and other administrative solid wastes. These wastes not disposed within specified disposal area under para 4(a) shall be collected by their mother companies upon reaching port in preparation for the next voyage. Under no circumstances shall the collected wastes the thrown or dumped within the designated special area. Garbage disposal placards/signs shall be displayed on all vessels.
9. All shipping companies shall provide for a system of collection and disposal of all types of wastes accumulated aboardship not withstanding public port reception facilities. Cooperative efforts among shipping companies in connection with the acquisition and utilization of such system of collection and disposal is highly encourage.
10. Every new oil tanker of 7,000 GT and above shall be provided with at least two (2) slop tanks.
11. Every new crude oil tanker of 20,000 GT and above be provided with segregated ballast tanks.
12. Oil tankers of 150 GT and above shall be provided with slop tank arrangements or combination of slop tank that have a capacity necessary to retain the slop generated by tank washings, oil residues and dirty ballast residues.
13. All oil tanker from 150 gross tons and above and other passenger-cargo vessels above 400 gross tons shall be provided on board with an Oil Record Book in the form specified in Annex II. This oil record book shall be maintained and updated every after any transfer operation of oil on board.
14. Vessels shall effect transfer of liquid cargo only when the shore facilities shall have complied with the requirements in para 4c(2).
15. All barging operations involving transport of oil or hazardous substances along Pasig River and Laguna Lake shall be suspended during bad weather wherein the possibility of accident is increased beyond safe operational conditions. Clearance from the PCG to operate during stormy weather shall be secured by the operator. In this connection, the PCG shall advise all concerned as necessary.
16. All shipments of hazardous substances through barging from ship to shore or vice versa shall be reported beforehand to the PCG by shipping agents to include movement, destination and estimated time of transfer operations.
17. All bases on board vessels/barges for use in transfer operation shall be subject to inspection and testing by the PCG any time.
18. All self-propelled/non-self-propelled barges/tankers and vessels towing dumb barges containing oil operating in sea water must have on board a minimum of one (1) 210-liter drum of dispersants and sprayer duly approved or authorized by the PCG.
19. All vessels intended to serve as floating storage facility for oil or other substances shall obtain a permit from the Commandant, PCG for such a purpose.

2. Oil Companies, Oil Explorer, Power Plants/Barges and Tanker Owners:

1. Oil refineries/terminals/deports/drilling operators, power plants/barges and tanker owners engaged in black products and persistent oil shall be provided with at least complete set of oil containment and recovery equipment, sorbent dispersants and other MARPOL combating accessories duly accredited by the PCG sufficient to prevent, control and mitigate a medium discharge.
2. Transfer operations by oil refineries involving heavy oil such as crude, fuel diesel and bunker from vessel to shore or vice versa shall be conducted only when the vessel where the discharge is made is adequately fenced of by the receiving facility with a boom and skimmer.
3. Transfer operations in involving highly flammable or light oils such as gasoline and kerosene shall commence only when the depot or refinery shall have installed combustible gas analyzers in the vicinity of the discharge side to monitor and sound alarm in case of any excessive fumes that may result from any spill.
4. Oil refineries, terminals, depots, power plants/barges and oil drillers where the discharge of oily and dirty ballast is conducted shall be provided with appropriate receiving facility equipped with an oil water separator.
5. All oil tank farms shall be provided with adequate bund walls to contain accidental massive oil spillages medium discharge magnitude.
6. Oil companies, oil explorers, power plants/barges and tanker owners shall submit to CPCG their respective contingency plants for approval and execution in case of oil spillages in their areas.
7. Oil companies in major ports or terminals/depots shall inform the PCG through its nearest station/detachment of all transfer operation of oil cargoes in their respective areas.
8. Oil companies, oil explorations, power plants/barges and tanker owners shall conduct regular team training on managing oil spill operations, handling and operation of MARPOL combating equipment. A dedicated oil spill response team shall be organized to react to land and ship originated oil spills.

3. Others:

1. All ship repair yards shall provide reception facilities and/or services for only wastes and other forms of refuse from ships calling in for repairs.
2. Port authorities shall provide appropriate reception facilities for vessels calling in their ports to ensure that adequate disposal system is developed. They shall provide in their rules and regulation such fees as they deem appropriate for services rendered in the collection and disposal of all types of wastes.
3. Local government shall not dispose of garbage in any shorelines, rivers or lakes. The PCG in coordination with appropriate government agencies and instrumentalities, shall regulate the dumping of solid wastes in accordance with existing guidance on solid waste disposal.
4. Owners/operators of recreational areas such as beach resorts shall not dump oily waste, refuse and garbage into the shoreline which is likely to be washed away by tides and currents.
5. Dumping of radioactive materials into the sea shall be regulated by pertinent rules and regulations prescribe by appropriate government agencies such as the Philippine Nuclear Research Institute (PNRI), Department of Health (DOH), Environmental Management Bureau (EMB) and the Philippine Coast Guard (PCG) in consultation with each other.
6. Discharges/dumping of oil/waste water from industries and manufacturing plants in any body of water of the Philippines shall be regulated by the Environmental Management Bureau. However, the Philippine Coast Guard shall implement in addition to this circular, the rules and regulation of the PCG such other agencies involved in water pollution control.
7. Chemical dispersant to be utilized by the ship owner, master of the vessel, oil companies, terminals/depots, power plant/barges, oil drillers, oil tankers and salvors during oil spill shall be duly accredited by the PCG.

a.    In case of spill of oil or noxious substances in any navigable seas of the Philippines, master of vessels or persons in-charge of vessels operating within the jurisdiction of the Philippines shall immediately notify the Philippine Coast Guard giving particulars of the incidents. This information shall include the name of vessel, location, information necessary for immediate recovery and clean-up operations.

b.    All persons who come across pollution incidents either from land-based or waterborne sources shall immediately inform the PCG or EMB for appropriate action.

c.    The first response Team to arrive at the oil spill scene has the discretion to apply chemical dispersant after all other control method utilized are judged to be adequate or not feasible. However, application of such dispersant has some limitations and training, experience and the sound judgement and discretion of the On-Scene-Commander or leader may guide him to reach a decision on its application depending on the actual situation. Utilization of the dispersant must be consistent with the existing PCG Oil Pollution Control Contingency Plan procedures.

d.    The spiller shall have primary responsibility of conducting clean-up operations. The PCG shall, however, be responsible for supervising the clean-up operations and rendering assistance as necessary. Supervision shall be done by the On-Scene-Commander designated by the PCG.

7.    Penalties

a.    The following administrative fines/penalties shall be imposed upon any vessel/person who violates any of the prohibitions prescribed in para 4(a) hereof as specified:

1. For discharging, dumping oil or oily mixture listed in Annex II, - (P5,000.00 to 10,000.00)

First Offense - A fine of not less than P4,000.00 and not more than P7,000.00 upon vessel/oil company refinery or depot owners/operators, and/or reprimandor suspension of not more than 6 months from exercise of marine profession/licence of the persons directly responsible for the discharge/spill.

Second Offense - A fine of not less than P5,000.00 and not more than P8,000.00 upon the vessel/oil company refinery or depot/owners/operators and/or suspensions from 69 months and 1 day to one (1) year of the person directly responsible for the spill/discharge from the exercise of his marine profession/license.

Third Offense - A fine of not less than P7,000.00 and not more than P10,000.00 upon the vessel/oil company refinery or depot/owner/operator, and/or revocation or cancellation of license of the person(s) officer(s) directly responsible for the spill/discharge.

2. For discharging or dumping hazardous or noxious substances as listed in Annex II from vessels - (P8,000.00 to P10,000.00).

First Offense - P7,000.00 upon the owner/operator of vessels, and/or suspension for not more than one (1) year of the officer directly responsible for the exercise of his marine profession.

Second Offense - P10,000.00 upon the owner/operator of vessels and revocation or cancellation of license of the responsible officer and/or crew member.

3. For throwing or dumping any refuse matter as listed in Annex I (P5,000.00 to P10,000.00).

First Offense - A fine of not less than P5,000.00 but not more than P7,000.00 upon the owner/operator of vesel/oil companies; and reprimandor or suspension of not more than six (6) months of the person/officer directly responsible.

Second Offense - A fine of not less than P6,000.00 but not more than P8,000.00 upon owner/operator of vessel/oil companies and/or suspension of not more than one (1) year of the responsible officer/person/crew member.

Third and Subsequent Offense - A fine of not less than P8,000.00 but not more than P10,000.00 upon the owner/operator of vessel/oil companies: and revocation or cancellation of license of the person/master or officer directly responsible.

4. For failure to notify the PCG by the Master/Chief Engineer of the vessel and Salvor who spilled/discharge oil or oily wastes or noxious gases or harmful substances - P8,000.00 to P10,000.00 or suspension/revocation of license of the Master/Chief Engineer at the discretion of the Commandant, PCG depending upon the amount of spill.

5. For non-compliance of the requirements in para(c), the owner/operator of the vessel, shall be liable for the following fines:

1. No six (6) pcs. wooden scupper plugs of various size on board - P3,000.00 for each offense;
2. No three (3) kilos rags or other appropriate sorbent materials - P3,000.00 for each offense,
3. No five (5) open-ended drums with the appropriate cover - P5,000.00 for each offense:
4. No oily water separating equipment or filtering system for vessels of 400 gross tons and above - P8,000.00 for initial offense: P10,000.00 for every subsequent offense;
5. No oily water separating equipment of filtering system with oil discharge monitoring and control system for vessel 10,000.00 gross tons and above - P7,000.00 for initial offense; P10,000.00 for every subsequent offense;
6. No segregated ballast tanks for new crude oil tankers 20,000 gross and above - P8,000.00 for initial offense; P10,000.00 for every subsequent offense;
7. No Oil Record Book for oil tanker of 150 gross tons and above, and vessels above 400 gross tons P5,000.00 for each offense (Annex III). Failure to accomplish update record entries on the Oil Record Book - P8,000.00 per offense;
8. No sewage tank or tanks on board vessel of 400 gross tons and above - P10,000.00 for every subsequent offense;
9. No slop tanks/two (2) slop tanks for oil tankers 150 GT/new oil tankers of 70,000 GT and above P8,000.00 for initial offense; P10,000.00 for every subsequent offense;
10. No one (1) 210-liter drum of dispersant (minimum) for all barges and tankers - P5,000.00 for each offense;
11. For non-compliance with the requirements in para 4c(1), (i), (l), (m), (o), and (p) - P5,000.00 for initial offense and P10,000.00 for subsequent offense;
12. For non-compliance with the requirements in para 4c(2) - P5,000.00 for initial offense and P10,000.00 for subsequent offenses:
13. Utilization of non-accredited chemical dispersant during oil spill - P10,000.00 for every subsequent offense.

1. In the event that other agencies/entities assist in the clean-up, the spiller shall pay for the corresponding cost spent in the clean-up operation. This cost shall be determined by the Philippine Coast Guard and shall be paid to the concerned agencies.
2. Parties responsible for spills and discharges shall conduct clean-up operations using their personnel and resources as necessary until the completion of the operation. Should they fail to react and take immediate acu__, the PCG shall conduct clean-up operations. They shall be made to pay all expense incurred by the PCG in the operations in addition to the other fines herein prescribed.
3. In addition, the Coast Guard Station Commander may require a Cash Bond to cover clean-up and containment costs as follows:

1. Minor discharge - P100,000 P500,000.00; (b) Medium discharge; P501,000.00 to P1,000,000.00; (c) __ discharge- P1,000,000.00 to P50,000.00.

1. Administrative - Fines/Penal shall be imposed upon recommendation the investigation and Adjudication officer (LAO)/Hearing Officer upon approval or District Commander.
2. Pollution Cases - Fines/Penal shall be imposed by the Investigation Adjudication Officer (IAO) upon approve of the Commandant, Philippine Coast Guard subject for appeal. Clearance for dep__ from any port of the Philippines of vessel subject to fines herein prescribed __ be withheld until appropriate measure taken.

8.    Investigation and Adjudication Officer for Marine Environment Protection and Pollution Cases

The Commandant, PCG shall design in appropriate orders from among the Coast Guard personnel an Investigation and Adjudication Officer (IAO) for Marine Environment Protection and Pollution in every Coast Guard District. Likewise, CPCG may __ discretion and as exigencies demand __ an IAO at HPCG and such other __ of the Coast Guard and conferring __ with special jurisdiction.

Consistent with the requirements of the process, proceedings before the Investigation and Adjudication Officer for Marine Environment Protection and Pollution __ be summary in nature and shall provide a system of appeal.

The rules of Procedure to govern in hearing, investigation, adjudication __ appeal are hereby promulgated and accordingly appended to this Memorandum Circular as Annex III.

9.    Water Quality and Vessel Air Emission Standard

To determine and control pollution, the standards for the different pollution parameters in the different classes of bodies of water as prescribed by the Environment Management Bureau shall be observed.

10.    Rescission

All previous policies and memo-circulars in conflict with this and hereby rescinded.

11.    Effectivity

This Memorandum Circular shall take effect upon publication.  

(signed) Dario T. Fajardo
Commodore AFP

Acknowledgement: Text from unspecified source.

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last updated 1st August 1998
Asia-Pacific Centre for Environmental Law
Faculty of Law
National University of Singapore
© 1998