Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

’ 5792
House Bill No. _ 5108

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Our country's coastal and marine ecosystems cannot be taken for granted
especially in an archipelagic country like the Philippines. Naturally endowed with
rich and vast marine resources, its management and protection cannot be
undermined especially with a marine area measuring about seven times its land
area. The country has a total territorial water area of about 2,200,200 sq. km.,
shelf area of about 184,600 sq. km. coral reef area of about 27,000 sq. km. and
coastline of about 17, 460. The coastal and marine ecosystems provide food,
raw materials, and ecological balance. We also have the richest marine
biodiversity in the world with around 2,500 fish species. A square kilometer of
coral reefs translate into 219,000 tons of fish and other marine products a year.
From a hectare of mangroves, 12.5 cubic of fuel wood and 800 kilograms of fish,
shrimps, crabs and mollusks can directly be harvested. These figures from the
Bureau of Fisheries and Aquatic Resources (BFAR) only prove that wanton
disregard for our coastal and marine ecosystems will be costly.

Unfortunately, the above-mentioned marine resources suffer many threats
as the quality of our coastal water continuously deteriorates over time. One
major cause of such degradation comes from shipping operations which account
for 12% of total sources of marine pollution according to Greenpeace
Intemational


Accordingly, this proposal seeks to prevent and control pollution sourced
from ships by enacting a national legislation that would implement the
International Convention for the Prevention of Pollution from Ships of 1973, as
modified by the Protocol of 1978 relating thereto, otherwise known as MARPOL
73/78, to which the Philippines is a signatory.

This bill covers the different types of ship-generated pollution such as oil
pollution, pollution from chemicals carried in bulk, pollution from packaged goods,
pollutions sewage, pollution from garbage and air pollution from ships. It intends
to achieve elimination of intentional pollution of the marine environment by oil
and other harmful substances and the minimization and control of accidental
discharge of such substances.

We therefore enjoin our colleagues to ensure the immediate enactment of
this measure.

(
DIOSDADO MACAPAGAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga

nv


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

eae
House Bill No,__ 9108

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Ship Pollution
Prevention and Control Act of 2011.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the
State to prevent and control pollution resulting from the operations of ships,
which create hazards to human health, harm and destroy living resources and
marine life, damage amenities, or interfere with the legitimate uses of the
territorial waters and the exclusive economic zone of the Philippines.

CHAPTER II
DEFINITION OF TERMS

SECTION 3. Definition of Terms. — As used in this Act:


(a) "Department". means the Department of Transportation and
Communications (DOTC);

(b) “Discharge” means, in relation to harmful substances or effluents
containing such substances, any release, however caused, from a ship,
and includes any escape, disposal, dumping, spilling, leaking, pumping,
emitting or emptying;

(c) “En route” means that the ship is under way at sea on a course, or
courses, which so far as practicable for navigational purposes will cause
any discharge to be spread over as great an area of the sea as is
reasonably practicable;

(d) “Exclusive Economic Zone” means such areas as defined in the United
Nations Convention on the Law of the Sea of 1982 that extends beyond
and adjacent to the territorial sea of the Philippines as that definition may
be affected by other’ regional or international treaties to which the
Philippines is a party.

(e) “Harmful substance” means any substance which, if introduced into the
sea, is liable to create hazards to human health, to harm living resources
and marine life, to damage amenities or to interfere with other legitimate
uses of the sea, as may be declared harmful or hazardous to human and
marine life under the laws of the Philippines, and includes any substance
subject to control under this Act;

( “Incident” means an event involving the actual or probable discharge
into the sea of a harmful substance, or effluents containing such a
substance;

(g) “Marine Casualty” means any accident at sea involving a ship which
could result in an incident;

(h) "Nearest land means from the baseline from which the territorial sea of
the territory in question is established in accordance with international law;

(i) “Oil tanker" means a ship constructed or adapted primarily to carry oil in
bulk in its cargo spaces and includes combination carriers and any
“chemical tanker’ as defined hereunder when it is carrying a cargo or part
cargo of oil in bulk;

@® ‘Philippine Ship" means a ship registered under the laws of the
Republic of the Philippines and entitled to carry the flag of the Philippines;


(k) ‘Reception facility” means any facility used for the reception of oil,
noxious liquid substances, sewage or garbage from ships at a port or
terminal;

(I) “Secretary” means the Secretary of the Department of Transportation
and Communications (DOTC);

(m) “Segregated ballast” means the ballast water introduced into a tank
which is completely separated from the cargo oil and oil fuel system and
which is permanently allocated to the carriage of ballast or to the carriage
of ballast or cargoes other than oil or noxious substances as defined in
this Act

(n) “Ship” means a vessel of any type operating in the marine environment
and includes, without limitation, pleasure craft, fishing vessels, hydrofoil
boats, air-cushion vehicles, submersibles, floating craft, drilling rigs, and
fixed or floating platforms.

(0) “Special Area” means a sea area designated as such pursuant to this
Act where, for recognized technical reasons in relation to its
oceanographic and ecological condition and to the particular character of
its traffic, the adoption of special mandatory methods for the prevention of
sea pollution is required:

(p) “Ship owner" means the registered owner of the ship or any person
who has assumed the operations of the ship;

(q) “Tank” means an enclosed space which is formed by the permanent
structure of a ship and which is designed for the carriage of liquid in bulk.

(r) “Territorial Waters” means in respect of the Republic of the Philippines
has the same meaning as in the Philippine Constitution; and in respect of
any other State means the territorial sea of that State as recognized in
international law;

(s) “Undue delay" means a delay that is unreasonable and unnecessary in
light of the particular conditions of the ship, the ship’s cargo, destination
and schedule, and in light of the purpose and scope of the investigation,
inspection or other cause for detaining the ship

CHAPTER Ill
SCOPE AND APPLICATION


SECTION 4. Scope and Application of the Act. - (a) Unless otherwise
specified, this Act shall apply to:

(1) All Philippine registered ships;

(2) All ships operating within the territorial waters or Exclusive
Economic Zone of the Philippines:

(b) With respect to the application of this Act to ships of States which are
not MARPOL 73/78 member States, no more favorable treatment shall be given
to such ships than is provided for under this Act.

SECTION 5. Exemptions. — This Act shall not apply to warships and naval
auxiliary ships; Provided, that, government ships shall be exempted from the
coverage of this Act during emergency response cases; Provided, further, that
the Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG),
Philippine Ports Authority (PPA) and other concerned agencies shall ensure that
appropriate measures shall be adopted, not impairing the operational capabilities
of such ships, that such ship operates in a manner consistent, so far as is
reasonable and practicable, with this Act.

CHAPTER IV
INSTITUTIONAL ARRANGEMENTS

SECTION 6. Roles and Responsibilities of the Department. - Unless
otherwise provided in this Act, the Department, through its attached agencies,
shall be the primary government agency responsible for the implementation and
enforcement of this Act. Specifically, the Department shall have the following
roles and responsibilities:

(a) Oversee the implementation of this Act and coordinate the efforts of
concerned agencies;

(b) In coordination with the Department of Environment and Natural
Resources (DENR), the Department of Agriculture (DA), Department of
Interior and Local Government (DILG) and other relevant agencies and
stakeholders, formulate a comprehensive program to prevent or minimize
marine pollution from ships;

(c) Constitute the Marine Pollution Adjudication Board (MPAB) to handle
marine pollution incidents and casualties covered by this Act subject to
Section 60 hereof;


(d) Hear and decide administrative violations of this Act and impose
appropriate sanctions;

(e) Reorganize or streamline the functions of its different line, staff and
attached authorities, agencies or bureaus for purposes of the effective and
efficient implementation of the provisions of this Act; and,

(f) Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Act.

SECTION 7. Maritime Industry Authority (MARINA). - For purposes of this
Act, the MARINA shall perform the following duties and functions:

a) Formulate guidelines for approval of ships’ plans for installation of any
fitting, material, appliance or apparatus deemed appropriate and effective
for the prevention of any discharge of pollutant to be fitted in a ship in
consonance with MARPOL 73/78.

b) Review and revise, where appropriate, the existing system of
certification, survey, inspection and monitoring of ships, including
registration of fixed, floating and drilling rigs and other platforms, with
respect to pollution prevention to ensure efficiency and transparency,
consistent with the overall management of the maritime sector and in
accordance with this Act and internationally accepted system;

c) Survey the ship's structure, equipment, fittings, arrangements and
materials in compliance with the requirements and guidelines for purposes
of preventing pollution from ships;

d) Issue the required certification upon survey of the ship's structure,
equipment, fittings, arrangements and materials:

e) Modify, suspend or revoke at any time, upon notice and hearing, any
certificate, it may have issued to any ship owner;

f) Recommend detention of ships in accordance with Section 56 hereof;

g) Hear and adjudicate any violation of rules and regulations of the
MARINA issued for the implementation of functions of MARINA pursuant
to this Act;

h) Impose such fines and penalties on, including the revocation of
certifications of ships which shall fail to comply with requirements under
this Act and its implementing rules

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i) Impose, fix, collect and receive, in accordance with the schedules
approved by its Board, such fees necessary for the survey and
certification of ships pursuant to this Act, Such fees shall be imposed and
collected in order to recover the cost for rendering the service and shall
not be used in order to impose a penalty. Excessive fees, multiple fees
and duplicative fees shall at all times be avoided.

}) Issue such rules and regulations necessary to implement the provisions
of this Act: Provided, That such rules and regulations shall be in
consonance with the MARPOL 73/78 and shall not change or in any way
amend or be contrary to the intent and purposes of this

k) Provide its officers and personnel with adequate training and continuing
education to ensure an efficient and professional pollution regulatory
machinery; and

!) Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Act.

SECTION 8. Philippine Coast Guard (PCG). ~ For purposes of this Act,
the PCG shall perform the following duties and functions:

a) Establish a system of inquiry and investigation on incidents for the
purpose of preliminary determination of violation of this Act;

b) Detain ships in accordance with Section 56 hereof;

c) Establish procedures for reporting incidents involving any actual or
probable discharge which may be in violation of this Act consistent with
the reporting requirements under this Act;

d) Survey the ship's structure, equipment, fittings, arrangements and
materials in compliance with the requirements and guidelines for purposes
of issuance of International Oil Pollution Prevention Certificate (IOPPC)
and Oil Pollution Prevention Certificate (OPPC);

e) Evaluate and approve shipboard oil pollution emergency plan;

f) Issue and inspect oil record book;

g) Upon inquiry or investigation, cause or recommend regulatory or other
appropriate actions to be taken in connection with any violation of the

provisions of this Act;

h) Cooperate with government of other states which are members of
international organizations on the prevention of pollution from ships


concerning the detection of violations and enforcement of this Act using all
appropriate and practicable measures of detection and environmental
monitoring, adequate procedures for reporting and accumulation of
evidence;

i) Provide its officers and personnel with adequate training and continuing
education to ensure an efficient and professional pollution regulatory
machinery;

}) Based on the physical, chemical and biological properties of harmful
substances, PCG shall adopt appropriate measures to regulate the
washing of leakage overboard, provided, that the compliance with such
measure would not impair the safety of the ship and persons on board

k) Adopt a continuing information campaign on marine resources
protection aimed at developing public awareness of the health hazards
and other adverse effects of ship pollution; and

!) Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Act.

SECTION 9. Authority to Board and Inspect Ships. — In cases of marine
disaster within the territorial waters, or any substantial threat to public health and
the marine environment, including but not limited to coastal and aquatic
resources due to a discharge, or an imminent discharge, of large quantities of oil,
noxious liquid substance or other harmful substances from ships, the PCG may
(a) coordinate and direct all efforts towards the removal or elimination of such’ a
threat, and (b) summarily remove, by whatever means available, such ship which
causes the threat.

Other than the circumstances stated in the first paragraph, the PCG is
authorized to board, inspect and survey any ship within the territorial sea and the
exclusive economic zone (EEZ) of the Philippines, enter port facilities in the
Philippines, demand the production of documents, records and other evidence,
and take testimony of witnesses under oath, for the purpose of verifying
compliance with this Act.

SECTION 10. Philippine Ports Authority (PPA) and other port authorities.
— For purposes of this Act, the PPA and other port authorities shall perform the
following duties and functions:

a) Provide adequate reception facilities for oil, oily wastes, oil residues,
noxious and liquid substances, harmful substances, sewage and garbage
from ships;

b) Recommend detention of ships in accordance with Sec. 56;


©) Issue detailed requirements on packing, marking, labeling,
documentation, stowage, quantity limitations and exceptions for
preventing or minimizing pollution of the marine environment by harmful
substances from ships;

d) Determine and establish the most effective and efficient means for
meeting the internationally accepted requirements with respect to
reception facilities in public and private ports;

e) Formulate and implement integrated waste management systems in
ports;

f) Coordinate with DENR and concerned local government units (LGU) on
the proper handling and disposal of wastes collected at ports; and

9) Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Act

SECTION 11. Department of Environment and Natural Resources
(DENR). — For purposes of this Act, the DENR shall have the following powers
and functions:

a) Constitute and lead the interagency committee concerning the
designation of special areas in accordance with Section 59 hereof,

b) Issue guidelines for the identification of harmful substances in
packaged form. For the purposes of this item, “harmful substances” are
those substances which are identified as marine pollutants by the DENR
in consonance with international standards; and

c) Set emission standards for ships.
SECTION 12. Role of Local Govemment Units. — All local government

units. shall, pursuant to the pertinent provisions of the Local Government Code,
assist in implementing and enforcing this Act within their territorial jurisdictions.

CHAPTER V
PREVENTION OF POLLUTION FROM SHIPS
Article 1. - General Provisions

SECTION 13. General Guidelines. - The MARINA shall formulate
guidelines concerning the utilization of any fitting, material, appliance or


apparatus deemed appropriate and effective for the prevention of any discharge
of pollutant to be fitted in a ship in consonance with the MARPOL 73/78.

SECTION 14. Reception Facilities. — Port authorities shall ensure the
provision of adequate port reception facilities for wastes from ships, and in so
doing: (a) determine and establish the most effective and efficient means for
meeting the internationally accepted requirements with respect to reception
facilities in public and private ports; (b) formulate and implement integrated waste
management systems; and (c) coordinate with DENR and concerned LGUs on
the proper handling and disposal of wastes collected at ports

Such facilities shall have adequate capacity to meet the needs of the ships
using them without causing undue delay.

SECTION 15. Shipboard Garbage Management System. — All ships shall
adopt and implement their shipboard garbage management’ system ensuring that
oil residues, sewage and solid wastes are properly disposed of in compliance
with National Safety Management Code, or for ships trading internationally, in
compliance with International Safety Management Code. All ships shall put up
and maintain appropriate on-board containers, holding tanks or receptacles for oil
residues, sewage and solid wastes.

SECTION 16. Mandatory Disposal of Wastes at Reception Facilities. —
Upon docking, it is mandatory for all ships to dispose of their oil residues or oily
mixture, sewage wastes and garbage at the authorized reception facilities subject
to the integrated waste management system to be established by port
authorities.

SECTION 17. Survey — MARINA, in coordination with relevant agencies,
shall survey all ships to ensure compliance with its regulations and requirements
on the structure, equipment, fittings, arrangements and materials for purposes of
preventing pollution by oil, oily mixture, oil residues, noxious and liquid
substances harmful substance, sewage and garbage from ships. For this
purpose, MARINA shall establish a system in conducting the survey of ships in
consonance with the MARPOL 73/78

Except for direct replacement, no change in the ship’s structure,
equipment, fittings, arrangements and materials shall be made without the
approval of MARINA.

SECTION 18. Certification for Compliance. - MARINA shall issue the
necessary certification for compliance of ships with the regulations and
requirements on the structure, equipment, fittings, arrangements and materials
for purposes of preventing pollution by oil, oily mixture, oil residues, noxious and
liquid substances harmful substance, sewage and garbage from ships.


SECTION 19. Immediate Report of an Accident. - Whenever an accident

occurs to a ship or a defect is discovered which substantially affects the integrity
of the ship or the efficiency or completeness of its equipment covered by the
rules and regulations of the PCG, the master or the ship owner shall report such
incident immediately to the PCG.

to:

SECTION 20. Obligations of the ship owner. — The ship owner is required

(a) Install appropriate devices or facilities on board ships for the storage or
processing of waste, such as oil, noxious liquid substances, garbage and
sewage, as may be required by regulations issued by the concemed
agencies pursuant to this Act;

(b) Comply with requirements as to the carriage of harmful substances in
packaged form as may be required by regulations issued by the
concerned agencies pursuant to this Act;

(c) Obtain appropriate certificates required by the concerned agencies
pursuant to this Act;

(d) Follow procedures or take action for the prevention of pollution from
ships as may be required by regulations issued by the concerned
agencies pursuant to this Act;

(e) Notify the PCG of any incident involving its ship or other ships in
accordance with regulations issued pursuant to this Act;

(f) Undergo immediate cleaning operations in the event of oil spill within
the country’s territorial sea pursuant to applicable laws.

Article 2. - Pollution by Oil, Oily Mixture, Oil Residues

SECTION 21. Discharge of Oil, Oily Mixture, and Oil Residues. - Any

discharge into territorial waters or Exclusive Economic Zone of the Philippines of
il or oily mixture from or out of any ship, vessel, barge, or any other floating
craft, or other man-made structures at sea, by any method, means or manner, is
prohibited, except in the following instances

(a) when the discharge is necessary for the purpose of securing the safety
of a ship and those on board or saving life at sea; or

(b) if the discharge into the sea of oil or oily mixture results from damage
to ship or its equipment, provided that all reasonable precautions have
been taken after the occurrence of the damage or the discovery of the
discharge for the purpose of preventing or minimizing the discharge: and


except if the owner or the master acted either with intent to cause
damage, or recklessly and with knowledge that damage would probably
result: or

(0) if the discharge is for the purpose of combating specific pollution
incidents in order to minimize the damage from pollution

The MARINA shall issue guidelines on allowable discharge of oil, oily
mixture and oil residues and requirements relating to the prevention of pollution
by oil from ships including, but not limited to, retention of oil, oily wastes and oil
residues or sludge, shipboard oil pollution emergency plan, unloading
arrangements, consistent with the provisions of this Act and in consonance with
the MARPOL 73/78.

SECTION 22. Discharge of Clean or Segregated Ballast or
Unprocessed/Processed Oily Mixtures. — Prohibition provided for in the
preceding section shall not apply to the discharge of clean or segregated ballast
or unprocessed oily mixtures which without dilution have oil content within the
allowable standards under applicabie laws and which do not originate from cargo
pump-room bilge and are not mixed with oil cargo residues. The prohibition shall
not also apply when the ship has in operation adequate oil filtering equipment
required under this Act.

SECTION 23. On-board Retaining and Discharge to Reception Facility of
Oil Residues. — Oil residues prohibited to be discharged from ships under the two
immediately preceding sections shall be retained on board and discharged to
reception facilities in accordance with this Act.

SECTION 24. Oily- Water Separating Equipment and Oil Discharge
Monitoring and Control System. - For existing ships and ships of less than 400
tons gross tonnage, alternative equipment or system approved by MARINA may
be provided in lieu of the oily-water separating equipment or unit. All new ships
of 400 gross tons and above shall te equipped with. efficient oily-water
separating equipment or unit. Provided, that ships of 10,000 gross tons and
above shall be fitted with oil discharge monitoring and control system and oil
filtering equipment, in addition to oily-water separating equipment.

SECTION 25. Oil Record Book. - All oil tankers and other passenger
cargo vessels above 400 gross tons shall be provided on board with an Oil
Record Book which shall be maintained and up-dated every after any reception
or transfer operation of oil on board.

Article 3. - Pollution by Noxious and Liquid Substances in Bulk

SECTION 26. Discharge of Noxious or Liquid Substances. — Any
discharge of noxious liquid substances into territorial sea or on the bank of


territorial sea whether or not the same shall float or be washed into such water is
prohibited except in cases provided for under first paragraph of Section 21, and
subject to the conditions provided under this section and the rules and
regulations issued by MARINA pursuant to this Act.

The rules and regulations on allowable discharge of noxious or liquid
substances to be issued by MARINA, in coordination with relevant agencies,
shall take into account the MARPOL Convention and shall be subject to public
hearing and consultation. Such rules and regulations shall be reviewed five (5)
years following the effectivity of this Act, and every three (3) years thereafter or
whenever it is deemed necessary to protect the marine environment and public
health.

SECTION 27. Cargo Record Book. — Every ship under this article shall be
provided with a Cargo Record Book, whether as part of the ship's official log
book or otherwise, in the form to be specified by MARINA.

Article 4. - Carriage of Harmful Substances in Packaged Form

SECTION 28. Discharge of Harmful Substances in Packaged Form. - Any
discharge by jettisoning of harmful substances carried in packaged forms, freight
containers, portable tanks, or road and rail tank wagons into territorial sea, or on
the bank of territorial sea, whether or not the same shall float or be washed into

such water is prohibited except in cases provided for under the first paragraph of
Section 21

SECTION 29. Carriage of Harmful Substances in Packaged Form. ~ The
carriage of harmful substances in packaged forms, or in freight containers,
portable tanks or road and rail tank wagons is prohibited except in accordance
with Republic Act No. 6969 and other applicable laws, rules and regulations.

For the purposes of this article, “harmful substances” are those
substances which are identified as marine pollutants by the DENR in consonance
with international standards.

SECTION 30. Guidelines for the identification of harmful substances. —
For purposes of this Act, the DENR shall issue guidelines for the identification of
harmful substances in packaged form taking into account the following criteria:

(a) bio-accumulated to a significant extent and known to produce a hazard
to aquatic life or to human health;

(b) bio-accumulated with attendant risk to aquatic organisms or to human
health with a short retention of the order of one week or less;

(0) liable to produce tainting of seafood; and


(d) highly toxic to aquatic life, defined by a LC50/96 hour less than 1 ppm.

SECTION 31. Packing, marking, labeling, documentation, stowage,
quantity limitations and exceptions. - The PPA shall issue detailed requirements
on packing, marking, labeling, documentation, quantity limitations and exceptions
for preventing or minimizing pollution of the marine environment by harmful
substances from ships. Such packing, marking, labeling, documentation,
quantity limitations and exceptions of harmful substances shall be undertaken by
the shipper in coordination with the shipping company. The PCG shall issue
detailed requirements on stowage of harmful substances.

SECTION 32. Washing of Leakage Overboard, — Based on the physical,
chemical and biological properties of harmful substances, PCG shall adopt
appropriate measures to regulate the washing of leakage overboard; Provided,
that the compliance with such measure would not impair the safety of the ship
and persons on board.

Article 5. - Pollution by Sewage and Garbage from Ships

SECTION 33. Discharge of sewage. — The discharge of sewage into
territorial, or on the bank of territorial water, whether or not the same shall be
washed into such navigable water, is prohibited, except in the following cases, in
addition to exceptions provided for in the first paragraph of Section 21:

(a) the sewage escaped from the ship in consequence of unintentional
damage to the ship or its equipment, and all reasonable precautions are
taken before and after the occurrence of the damage for the purpose of
preventing or minimizing the discharge;

(b) the ship is discharging comminuted and disinfected sewage at a
distance of more ihan four (4) nautical miles from the nearest land, or
sewage which is not comminuted or disinfected at a distance of more than
twelve (12) nautical miles from the nearest land; Provided, that in any
case, the sewage that has been stored in holding tanks shall not be
discharged instantaneously at a moderate rate when the ship is en route
and proceeding at not less than 4 knots; the proper rate of discharge shall
be approved MARINA based on international standards; and

(c) the ship has in operation an approved sewage treatment plant or
alternative arrangements to meet the operational requirements of the PCG
and other concerned agencies issued pursuant to this Act and other
applicable laws

SECTION 34. Marine Sewerage Sanitation Devices. - All new ships
certified to carry more than 50 persons or new ships of 200 gross tonnage and


above shall be provided with marine sewage sanitation devices and sewage
treatment plant system in accordance with the rules and regulations or guidelines
issued by the DENR. For existing ships of 200gross tonnage and above and
carrying more than 50 persons, they may utilize and maintain holding tanks
unless otherwise disallowed under this Act and subject to such rules and
regulations as may be prescribed by the DENR.

SECTION 35. Disposal of Garbage. — Except in cases provided under this
Act, the disposal into territorial water, or tributary, or on the bank of territorial and
tributary of any navigable water, whether or not the same shall float or be
washed into such navigable water, of garbage is prohibited. All garbage from
ships shall be disposed of to port reception facilities.

SECTION 36. Garbage Comminuter and Grinder. - The disposal into the
sea of garbage may be permitted when it has passed through a comminuter or
grinder, whenever possible, and made, as far as practicable, from the nearest
land subject to rules and regulations issued by the PCG pursuant to this Act and
in consonance with the MARPOL Convention.

Article 6. - Air Pollution from Ships

SECTION 37. Ozone Depleting Substances. — Any deliberate emission of
ozone depleting substances (ODS) shall be prohibited. Deliberate emissions
include emissions occurring in the course of maintaining, servicing, repairing or
disposing of systems or equipment, except minimal releases associated with the
recapture or recycling of an ODs; Provided, that emissions resulting from leaks
are likewise prohibited. For purposes of regulating emission of ODS from ships,
the DENR, in coordination with relevant agencies, shall issue appropriate
guidelines in consonance with the MARPOL 73/78; Provided, that port authorities
shall ensure that port reception facilities and equipment shall be adequate to
receive and manage ODS and equipments containing ODS, when removed from
ships.

SECTION 38. Setting allowable standards. - The DENR shall formulate
and issue allowable emission standards for ships in consonance with the
MARPOL 73/78 and subject to public consultation.

CHAPTER VI
PREVENTION OF POLLUTION FROM FIXED AND
FLOATING DRILLING RIGS AND OTHER PLATFORMS

SECTION 39. Applicable Requirements for Offshore Platform. — Fixed and
floating drillings rigs when engaged in the exploration, exploitation and
associated offshore processing of seabed mineral resources and other platforms


shall comply with the requirements of this law applicable to ships of 400 gross
tonnage and above other than oil tankers, subject to the requirements and
guidelines issued by the concerned agencies pursuant to this Act and in
consonance with MARPOL 73/78.

SECTION 40. Offshore Platform Discharges of Garbage. — The disposal of
sewage and garbage from fixed and floating drillings rigs referred by the
immediately preceding section, and from all other ships when along or within 500
meters of such platforms, is prohibited; Provided, that the disposal into navigable
water of food wastes may be permitted when they have been passed through a
comminuter or grinder from such platforms located more than nautical miles from
the land and all other ships when along or within 500 meters of such platforms in
accordance with the rules and regulations issued therefor.

CHAPTER VII
PROHIBITED ACTS AND ADMINISTRATIVE SANCTIONS

SECTION 41. Discharge of Oil, Noxious or Liquid Substances and Other
Harmful Substances. — Unless otherwise allowed under this Act, no person shall
discharge, or cause the discharge of oil, noxious or liquid substances and other
harmful substances, as defined in this Act, from or out of any ship by any
method, means or manner, into the Philippine waters or EEZ. The Secretary
shall impose a fine of not exceeding Ten Million pesos (Php10,000,000.00)
without prejudice to the filing of the appropriate criminal cases under applicable
laws,

SECTION 42. Dumping of Garbage or Sewage. - Unless otherwise
allowed under this Act, no person shall discharge, throw or dump, or permit the
discharge, throwing or dumping of garbage or sewage, from or out of any ship by
any method, means or manner into the into Philippines waters or EEZ. The
Secretary shall impose a fine of not exceeding Ten Million pesos
(Php10,000,000.00) without prejudice to the filing of the appropriate criminal
cases under applicable laws.

SECTION 43. Carriage of Harmful Substances in Packaged Form. ~ Any
ship which carries harmful substances in packaged forms, or in freight
containers, portable tanks or road and rail tank wagons in violation of this Act
shall be punished by a fine of not exceeding Ten Million pesos
(Php10,000,000.00) to be imposed by the Secretary on either or both the ship
owner and shipper.

SECTION 44. Absence of Shipboard Garbage Management System. —
Any ship without a shipboard garbage management system shall be liable for a


fine of not exceeding One Hundred Thousand pesos (Php100,000.00) to be
imposed by the Secretary.

SECTION 45. Refusal to Dispose Wastes at Reception Facilities. — Unless
allowed under this Act, any ship which refuses to dispose of oil residues or oily
mixture, sewage wastes and garbage at the authorized reception facilities shall
be liable for a fine not exceeding One Million pesos (Php1,000,000.00) to be
imposed by the port authority.

SECTION 46. Unauthorized change in the ship's structure, equipment,
fittings, arrangements and materials. — Unless authorized under this law, any
ship owner who made, or cause the making of changes in the structure,
equipment, fittings, arrangements and materials of the ship without the approval
of MARINA shall be punished by a fine of not exceeding One Hundred Thousand
pesos (Php100,000.00) to be imposed by the Administrator of MARINA

SECTION 47. Operating without the required certification. — Any ship
owner who shall allow the ship to operate without the required certification
pursuant to this Act shall be liable for a fine of not exceeding One million pesos
(Php1,000,000.00) to be imposed by the Administrator of MARINA.

SECTION 48. Failure to Report an Accident. — Any ship owner who fails to
teport an accident that occurs to a ship or a defect that is discovered which
substantially affects the integrity of the ship or the efficiency or completeness of
its equipment to the PCG within twenty four (24) hours shall be punished by a
fine of not exceeding One million pesos (Php1,000,000.00) to be imposed by the
PCG Commandant.

SECTION 49. Absence of Oily-Water Separating Equipment and Oil
Discharge Monitoring System. - Any ship without an oily-water separating
equipment or unit, or Oil Discharge Monitoring system, when required under this
Act, shall be liable for a fine not exceeding Ten Million pesos (Php10,000,000.00)
to be imposed by the Administrator of MARINA.

SECTION 50. Failure to Maintain an Oil Record Book. — Any oil tanker or
passenger-cargo vessels above 400 gross tons which does not maintain an
updated Oil Record Book on board shall be penalized with a fine not exceeding
One Hundred Thousand pesos (Php100,000.00) to be imposed by the
Commandant of PCG.

SECTION 51. Failure to Maintain Cargo Record Book. — Any ship which
does not maintain an Cargo Record Book on board shall be penalized with a fine
not exceeding One Hundred Thousand pesos (Php 100,000.00) to be imposed by
the Commandant of PCG.


SECTION 52. Absence of Marine Sewage Sanitation Device or Sewage
Treatment Plant System. — Unless allowed under this Act, any ship without a
marine sewage sanitation device or sewage treatment plant system shall be
liable for a fine of not exceeding One million pesos (Php1,000,000.00) to be
imposed by the Administrator of MARINA.

SECTION 53. Deliberate Emission of Ozone Depleting Substances. - Any
person who causes the deliberate emission of ozone depleting substances
(ODS) shall be penalized by a fine not exceeding Ten Million pesos
(Php10,000,000.00) to be imposed by the Secretary.

SECTION 54. Continuing Violation. — Where an offense under this Act is a
continuing one, every person who commits that offense, in addition to any other
liability, is liable to a fine of Fifty Thousand pesos (Php50,000.00) for every day
or part thereof during which the offence continues.

SECTION 55. Obstruction of Investigation. - Any person who shall,
without justifiable reason, obstruct or hamper the conduct of investigation of a
violation of this Act, shall be liable to pay a fine not exceeding One Hundred
Thousand pesos (P100,000.00).

SECTION 56. Neglect of Duty. - Any government official or employee
charged with the responsibility of implementing the provisions of this Act, who is
found guilty of gross negligence of duty or connives with or permits the
commission of any violation of this Act, shall be dismissed from the service
without possibility of reinstatement and without prejudice to the filing of the
appropriate criminal and/or administrative cases in court.

SECTION 57. Arrest and Detention of Foreign Ships. - Any ship
apprehended for violation of this Act may be subjected to arrest and detention to
be undertaken by the PCG in coordination with MARINA.

SECTION 58. Violations of Administration Regulations. — Any person
found in violation of rules and regulations issued by concerned agencies
pursuant to this Act shall be liable to the following fines:

(1) First violation - a fine not to exceed One Hundred Thousand pesos
(Php 100,000.00);

(2) Second violation - a fine more than One Hundred Thousand pesos
(Php100,000.00) but not to exceed Two Hundred Thousand pesos
(Php200,000.00);

(3) Third violation - a fine of at least Two Hundred Thousand pesos
(P200,000.00) but not to exceed One Million pesos (Php1,000,000.00)
and suspension of vessel registration for six (6) months to one (1) year;


MARINA may order the cancellation or revocation of the license or
seaman’s book of any ship captain or crew who has committed more than three
violations under this Act.

The concerned agency shall promulgate ules and regulations for the
summary imposition of administrative sanctions for failure to comply with any
order, decision, rules or regulations of the Department issued pursuant to this
Act

SECTION 59. Automatic Adjustment of Penalties and Fines. — The fines

prescribed in this Act shall be automatically increased by ten per cent (10%)
every three (3) years from the effectivity of this Act.

CHAPTER VIII
MISCELLANEOUS PROVISIONS

SECTION 60. Designation of Special Areas. - A committee is hereby
created for purposes of designating special areas defined under this Act in
territorial waters and EEZ. The committee shall be composed of the following:

a) The Secretary of the DENR or its duly authorized representative, as
Chairperson;

b) The Secretary of the DOTC or its duly authorized representative, as Co-
chairperson;

c) The Secretary of the Department of Agriculture or its duly authorized
representative;

d) The Secretary of the Department of Foreign. Affairs or its duly
authorized representative;

€) The Commandant of the PCG;

f) The Administrator of MARINA;

g) Representative of the shipping industry; and

h) President of the League of Municipalities of the Philippines.

The special area shall be designated consistent with the requirements of

MARPOL 73/78 and taking into account the area's oceanographic and ecological
condition and the particular character of its traffic. The committee shall adopt


special mandatory methods for the prevention of pollution from ships in the
designated areas.

SECTION 61. Marine Pollution Adjudication Board. — There is hereby
constituted a Marine Pollution Adjudication Board under the Office of the
Secretary. The Board shall be composed of the Secretary as Chairman, two (2)
Undersecretaries as may be designated by the Secretary; the Administrator of
MARINA, and the Commandant of the PCG. The Board shall handle
adjudication of marine pollution incidents and casualties falling under Sections
41, 42,43 and 44 hereof.

SECTION 62. Marine Management Fund. - There is hereby established a
Marine Management Fund to be administered by the Department as a revolving
fund to support research, enforcement and monitoring activities and capabilities
of the Department and its attached agencies in the implementation of this Act.
The fund shall be sourced from the fees, charges, fines imposed herein,
donations, endowments, administrative fees, and grants in the form of
contributions; Provided, that the fund shall likewise be utilized for the
containment, removal, and clean-up operations of PCG in all oil pollution cases,
including those covered under the Oil Pollution Compensation Act. For this
purpose, the Oil Pollution Management Fund created under the Oil Pollution Act
shall form part of the Marine Management Fund, subject to the following
conditions:

1. All fines imposed pursuant to the Oil Pollution Compensation Act shall
accrue to the Marine Management Fund;

2. All grants, donations, endowment from various sources and amounts
specifically appropriated for the Oil Pollution Management Fund under the
General Appropriations shall form part of the Marine Management Fund.

3. The Marine Management Fund shall also finance research,
enforcement and monitoring activities concerning oil pollution prevention
and control of relevant agencies such as the PCG, MARINA and PPA and
other ports authority of the Department of Transportation and
Communications, Environmental Management Bureau of the Department
of Environment and Natural Resources, and the Department of Energy.

4. Ninety percent (90%) of the funds collected or received in connection
with the Oil Pollution Compensation Act shall be maintained annually for
the containment, removal, and clean-up operations of PCG in all oil
Pollution cases. Provided, further, that the amounts specifically
appropriated for Oil Potlution Management Fund under the General
Appropriations Act shall be used exclusively for the activities authorized
under the Oil Pollution Compensation Act;



SECTION 63. Ship Pollution Prevention Program. — The Department, in
coordination with concemed agencies and stakeholders, shall establish a Ship
Pollution Prevention Program to enhance government implementation of this Act
particularly on: (a) awareness building and capacity building; (b) databanking; (c)
development of reception facilities; (d) marine environment protection; and (e)
research;

SECTION 64. Implementing Rules and Regulations. — The Department
and the concerned agencies, in coordination with the Committees on
Environment and Ecology of the Senate and the House of Representatives,
respectively, shall promulgate the implementing rules and regulations for this Act,
within one (1) year after the enactment of this Act consistent with MARPOL 73/78
and other relevant instruments. The draft of the implementing rules and
regulations shall be the subject of public consultations with affected sectors

The rules and regulations issued by other government agencies and
instrumentalities for the prevention of marine pollution not inconsistent with this
Act shall supplement the rules and regulations issued by the Department
pursuant to this Act.

SECTION 65. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year's appropriation of
the concerned agencies. Thereafter, such sums as may be necessary for the
operation and maintenance of this Act shall be included in the General
Appropriations Act.

SECTION 66. Joint Congressional Oversight Committee. - There is
hereby created a Joint Congressional Oversight Committee to monitor the
implementation of this Act. The Committee shall be composed of five (5)
Senators and five (5) members of the House of Representatives to be appointed
by the Senate President and the Speaker of the House of Representatives,
respectively. The Oversight Committee shall be co-chaired by the Chairpersons
of the Committee on Environment of the Senate and the Committee on Ecology
of the House of Representatives.

SECTION 67. Transitory Provisions. - This Act shall apply to all ships
which navigate international routes immediately upon the effectivity of this Act

The Department through its attached agencies shall formulate a transitory
implementation plan for the phasing-in of its operations under this Act including a
schedule for the application and enforcement of this Act and of the regulations
issued pursuant .to this Act, on domestic ships or ships which do not navigate
international shipping routes.

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SECTION 68. Separab/ity Clause. — In the event that any provision of this
Act is declared unconstitutional, the validity of the remainder shall not be affected
thereby.

SECTION 69. Repealing Clause. ~ Republic Act No. 6969, Presidential
Decree Nos. 999 and 601, Republic Act No. 9483 (Oil Pollution Compensation
Act) are hereby amended and modified accordingly. All laws, decrees, rules and
regulations, and executive orders contrary to or inconsistent with this Act are
hereby repealed or modified accordingly.

SECTION 70. Effectivity Clause. - This Act shall take effect immediately
upon its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,

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