Are Port Reception Facilities

Adequate?
NAMEPA
Norfolk, VA
April 16,
2015
By:
Joan M. Bondaref
Counsel, Blank Rome LLP

Outline
Background
MARPOL Annexes I, II, III, IV, V, and VI
Revisions to MARPOL Annex V (as of January 1, 2013)
MEPC Guidance (2012)
Coast Guard Regulations and Enforcement Actions

Issues
What is adequate?
What is reasonable?
What solutions to provide sustainable uses of
waste?
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April 16,
2015

MARPOL and Annexes I-VI

Annex I Regulations for the Prevention of Pollution by
Oil (entered into force 2 October 1983)
- Covers prevention of pollution by oil from operational
measures as well as from accidental discharges.

Annex II Regulations for the Control of Pollution by

Noxious Liquid Substances in Bulk (entered into force
2 October 1983)
- Details the discharge criteria and measures for the control
of pollution by noxious liquid substances carried in bulk;
some 250 substances were evaluated and included in the
list appended to the Convention; the discharge of their
residues is allowed only to reception facilities until certain
concentrations and conditions (which vary with the
category of substances) are complied with.
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April 16,
2015

MARPOL and Annexes I-VI

(contd)
- In any case, no discharge of residues containing noxious
substances is permitted within 12 miles of the nearest land.

Annex III Prevention of Pollution by Harmful

Substances Carried by Sea in Packaged Form (entered
into force 1 July 1992)
- Contains general requirements for the issuing of detailed
standards on packing, marking, labeling, documentation,
stowage, quantity limitations, exceptions and notifications.
- For the purpose of this Annex, harmful substances are
those substances which are identified as marine pollutants
in the International Maritime Dangerous Goods Code (IMDG
Code) or which meet the criteria in the Appendix of Annex
III.

April 16,
2015

MARPOL and Annexes I-VI

(contd)
Annex V Prevention of Pollution by Garbage from Ships
(entered into force 31 December 1988)
- Deals with diferent types of garbage and specifies the distances
from land and the manner in which they may be disposed of; the
most important feature of the Annex is the complete ban
imposed on the disposal into the sea of all forms of plastics.

Annex VI Prevention of Air Pollution from Ships (entered

into force 19 May 2005)
- Sets limits on sulphur oxide and nitrogen oxide emissions from
ship exhausts and prohibits deliberate emissions of ozone
depleting substances; designated emission control areas set
more stringent standards for SOx, NOx and particulate matter. A
chapter adopted in 2011 covers mandatory technical and
operational energy efficiency measures aimed at reducing
greenhouse gas emissions from ships.
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April 16,
2015

U.S. Implementation of
MARPOL
MARPOL is implemented in the U.S. by the
Act to Prevent Pollution from Ships (APPS)(33
U.S.C. 1901-1915).
Coast Guard regulates APPS in 33 CFR Parts
151-158.
- U.S. has both port state and flag state controls.

Port reception facilities are regulated in 33

CFR Part 158.
Civil and criminal penalties apply to violations
of APPS and Coast Guard regulations.

April 16,
2015

MARPOL Annex V The

Garbage Annex
Entered into force on December 31, 1988.
Substantially revised Annex V entered into
force on January 1, 2013.
New regime generally prohibits the
discharge of all garbage discharged into the
sea from ships unless the discharge is
expressly provided for.
- Exceptions for food waste, cargo residues and
certain operational wastes not harmful to the
marine environment, and carcasses of animals
carried as cargo.
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April 16,
2015

Overview of the Discharge Provisions of Revised Annex V

April 16,
2015

Revised Annex V Regulation on Reception Facilities and

Recordkeeping

Each Party undertakes to ensure the

provision of adequate facilities at port and
terminals for the reception of garbage
without causing undue delay to ships and
according to the needs of ships using them.
(Reg. 8)
Parties whose coastline borders a special
area must provide adequate reception
facilities within the special area.
Establishes a system of port state control.
(Reg. 9)
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April 16,
2015

Revised Annex V Recordkeeping Requirements (Contd)

Every ship of 12 meters or more must display a

placard in the crews language of the discharge
requirements.
Every ship of 100 GT or more and fixed or floating
platforms must carry a Garbage Management
Plan.
Every ship of 400 GT or more and every fixed or
floating platform must have a Garbage Record
Book (in form provided) and
- Each discharge promptly recorded, and
- Each completed page signed by the master of the
ship.
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April 16,
2015

Coast Guard Regulations and Penalties

(33 CFR Part 158)
Ports or terminals must have Certificate of
Adequacy in order to continue to receive
oceangoing ships or certain fishing vessels (offload
> 500K # of fish in a year).
COTPs have the authority to issue, grant waivers,
designate ports, and deny entry of ships to a port
or terminal.
Any person may report to the local COTP that
reception facilities are inadequate.
COAs may be suspended if deficiencies recur or
continued operations result in undue delay to
ships.
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April 16,
2015

Adequate Reception Facilities: Garbage Subpart D

158.400-420

Must be capable of receiving APHIS regulated

garbage NLT 24 hrs after notice is given (by
the ship);
Must be capable of receiving medical or
hazardous waste;
Does not interfere with port operations;
Is conveniently located;
Is situated so that garbage can not readily
enter the water; and
Holds required federal, state, and local permits
under environmental and public health laws.
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April 16,
2015

How is Norfolk Meeting These Requirements?

IMO has a database of Port Reception

Facilities (https://gisis.imo.org ).
Report on Norfolk facilities (only) lists
17 facilities for Annex I of MARPOL.
Norfolk uses a combination of
shipyards, marine terminals and
private industry to receive waste from
ships entering the port.
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April 16,
2015

Enforcement Actions
No recorded actions against ports for
inadequate PRFs.
Coast Guard has detained a number of foreignflag ships in U.S. ports for illegally discharging
garbage at sea and falsifying Garbage Record
Books.
Ship captains who falsify records and condone
or order garbage to be thrown overboard
can be criminally charged, jailed, and their
ship owners be assessed large penalties. (U.S.
v. Taohim, 529 Fed. Appx. 969 (2013).
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2015

How Effective is the Current Legal Regime?

U.S. ports appear to be doing a good

job in providing PRFs.
Finding adequate PRFs in the
Caribbean and other smaller ports
appears to be a challenge.
As cruise ships are getting larger and
post-Panamax ships begin to ply U.S.
waters, ports will be challenged to
increase PRFs to match the increase
in offloaded garbage.

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2015

What Else Can Be Done to Keep Plastic Out of the Ocean?

According to a recent study, the Earths seas

are teeming with more than 5 trillion bits of
plastic. (USA Today, 11 December 2014).
Report this year that China and Indonesia are
the top ofenders for millions of tons of
plastic waste ending up as marine debris.
(U.S. ranks #20) (WSJ, 12 February 2015).
The maritime industry is doing its part -- time
to look to the land to reduce plastic waste
ending up in the sea.

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April 16,
2015

Conclusions
The U.S. can be a model for other
nations in the provision of adequate
PRFs.
Intentional discharges of illegal waste
from ships can lead to large penalties
and jail time.
Careful and accurate
recordkeeping can minimize charges.
In the future, improved landside
practices and new recycling and
waste-to-energy plants can reduce

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April 16,
2015

Questions?

Joan M. Bondareff, Esq.

Blank Rome LLP
600 New Hampshire Avenue, NW
Washington, D.C. 20037
Tel. (202) 772-5911
bondaref@blankrome.com