1 / 30

Investigating Shipping Pollution Violations

This module focuses on the MARPOL Annex IV regulations for sewage and garbage disposal on ships engaged in international voyages. It covers the definition of sewage, sewage treatment options, discharge requirements, enforcement examples, and elements of offenses and evidence.

tammymiller
Download Presentation

Investigating Shipping Pollution Violations

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Investigating Shipping Pollution Violations Pacific Module 8: Sewage and Garbage

  2. Sewage • MARPOL Annex IV in force internationally 27 September 2003 (new ships) - Existing ships 27 September 2008 • Application to the following ships engaged in international voyages • Vessels over 400gt • Less than 400gt certified to carry more than 15 persons (crew and passengers)

  3. Sewage • MARPOL Annex IV in force internationally 27 September 2003 (new ships) - Existing ships 27 September 2008 • Application ships engaged in international voyages • Vessels over 400gt • Less than 400gt certified to carry more than 15 persons

  4. Sewage Definition Sewage means: • drainage and other wastes from any form of toilets and urinals; • drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises; • drainage from spaces containing living animals; or • other waste waters when mixed with the drainages defined above.

  5. Sewage systems Ships have three options: • sewage treatment plant (type approved by the Administration) • sewage comminuting and disinfecting system approved by the Administration • a holding tank • capacity to the satisfaction of the Administration for the retention of all sewage, having regard to the operation of the ship, the number of persons on board and other relevant factors.

  6. Discharge – sewage treatment system • Approved sewage treatment plant • Discharge allowed anywhere • Effluent shall not produce visible floating solids nor cause discoloration of the surrounding water

  7. Discharge – communited/disinfected system • distance of more than 3 nautical miles from the nearest land, or sewage which

  8. Discharge – holding tank • more than 12 nautical miles from the nearest land • shall not be discharged instantaneously but at a moderate rate when the ship is en route and proceeding at not less than 4 knots • rate of discharge

  9. Enforcement Examples

  10. MARPOL ANNEX V Garbage • Garbage means all kinds of victual, domestic and operational waste generated during the normal operation of the ship and liable to be disposed of continuously or periodically • Discharge means any release, howsoever caused, from a ship includes any escape, disposal spilling, leakage, pumping, emitting or emptying

  11. Aim

  12. Annex V Discharge Provisions • Applies to all ships (all sizes) • Plastics prohibited • >3 nm from nearest land • Garbage passed through a communiter or grinder (25mm) • >12 nm from nearest land • Food waste, paper products, rags, metal, bottles, crockery, cargo residues etc • >25 nm from nearest land • Dunnage, lining and packing materials that will float

  13. Other Annex V provisions • Garbage Record Book, Garbage Management Plan, Placards • 400grt or carrying 15 persons • Placards vessel 12m or more

  14. Elements of Offences and Evidence 1. Disposal of garbage into the sea from a ship. Statements from eyewitnesses if any. Statements identifying garbage as having come from a particular Ship Modelling simulation of garbage trajectory relating to Ship positions Procedures onboard ships for garbage handling • Within the EEZ Statements in relation to retrieval and location of garbage. Mapping in relation to disposal location. 3. Exceptions Inspection of Ship Interviews with all relevant persons onboard Ship

  15. Enforcements Examples “SHALOM” Facts: Disposal from sailing yacht of garbage being plastic bags, plastic wrapping, plastic container and polystyrene into the sea near Cocos (Keeling) Island. Eye Witness Court: Magistrates Court Cocos, Perth Sentence: 3 April 1997 Outcome: Convicted and Fined $350

  16. Bow De Jin

  17. UNSUCCESSFUL MATTER • Tasmania, 1992 • Unable to directly link garbage to fishing vessel (break in continuity of observations) • Garbage dump/tip nearby

  18. ISSUES • Resource intensive investigations • Cost and delay • Proving the particular Ship • Proving who discharged the waste/ actual negligence. • Convincing Court of seriousness of offence. • Securing convictions against both master and owner • Maintaining pressure on legislature for higher penalties & consistent with those imposed internationally • Convictions often more important than fine imposed • Convictions recorded on world wide database

  19. Questions

More Related