FIFTEENTH CONGRESS )
(OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Howse Bitt No. 1888

Introduced by Representative Ben P. Evardone

EXPLANATORY NOTE

Environmental protection has been one of the fastest growing concerns of
countries around the globe. This is not surprising as we experience now, more
than ever, the harmful and inconvenient results of humanity's abuse of the gift of
the earth and of our continued negligence.

At present, we Filipinos are left with just remnants of what once were
sprawling rainforests in the country. Unfortunately, our marine environment is,
going through the same fate. And things are getting worse by the second, to think
that we have always been regarded as “the center” of marine biodiversity in the
world,

What is seen to be one of the major causes of marine degradation is ship
pollution, which is the pollution of air and water induced by the shipping industry.
According to the international environmental organization Greenpeace, pollution
caused by ships account to 12% of the total marine pollution,

‘Though the Philippines is a signatory of the Protocol of 1978 Rélating to
the International Convention for the Prevention of Pollution From Ships of 1973,
otherwise known a MARPOL 73/78, we do not have a national legislation to
implement the results of this convention. This bill aims to be that legisl

‘This bill specifically charges the Department of Transportation and
Communication (DOTC) to be the primary government agency to enforce and
‘Act, which provides guidelines on 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 also intends to eliminate intentional pollution of
the seas with oil and other harmful substances and to mitigate accidental
discharge of such substances. More importantly, it details fines and administrative
sanctions for violations of these measures.

It is predicted that if the pollutions cause by water vessels if not palliated,
by 2020, they will already exceed those from the land based.

In view of the foregoing, immediate enactment of this bill is earnestly
sought.

BEN P. EVARDONE,
Representative, Lone District of Eastem Samar


FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bit No. 1888

Introduced by Representative Ben P. Evardone

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 in Congress,
assembled:
CHAPTER
GENERAL PROVISIONS

SECTION 1. Short Title. This Act shall be known as the “Ship Pollution
Prevention and Control Act of 2010.”

SEC. 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

SEC. 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,

ng or emptying;

(c) “En route”means that the ship is under way at sea on a course, oF
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 intemational treaties to which the
Philippines is a party.

(©) “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 fit under the laws of the Philippines, and includes
any substance subject to control under this Act;

(P “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
laws

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

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

(1) “Secretary” means the Secretary of the Department of Transportation
‘and Communications (DoTe);

(mm) “Segregated ballast” means the ballast water introduced into @ 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.

(0) “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 (0 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.

(8) “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;

(8) “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 IIL
SCOPE AND APPLICATION

SEC. 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.

SEC. 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



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of such ships, that such ship operates in a manner consistent, so far as is
reasonable and practicable, with this Act

CHAPTER IY
INSTITUTIONAL ARRANGEMENTS

SEC. 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 (0 prevent or
minimize marine pollution from ships;

(©) Constitute the Marine Pollution Adjudication Board (MPAB) to handle
‘marine pollution
Section 60 hereo!

(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,

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

SEC. 7. Maritinie Industly Authority (MARINA). For purposes of this
Act, the MARINA shall perform the following duties and functions:

1) Formulate guidelines for approval of ships” plans for installation of any
fiting, 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 approp system of
certification, survey, ion 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;

©) Survey the ship’s structure, equipment, fittings, arrangements and

terials in compliance with the requirements and guidelines for
Purposes of preventing pollution from ships;

4) Issue the required certification upon survey of the ship’s structure,
‘equipment, fittings, arrangements and materials:

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

£) Recommend detention 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 fimctions of MARINA
pursuant (0 this Act;

hh) 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 and regulations;

’) 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 al 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 Act

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

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

SEC. 8. Philippine Coast Guard (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,

©) 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;

4) 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
(JOPPC) and Oil Pollution Prevention Certificate (OPPO)

«¢) Evaluate and approve shipboard oil pollution emergency plan;

f) Issue and inspect oil record book;

uiry oF investigation, cause or recommend regulatory or other
ns {0 be taken in connection with any violation of the

purposes of this Act, the PCG

provisions of|

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;

{j) 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;

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

SEC. 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,



SEC. 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. 36;

©) 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;

€) Formulate and implement integrated waste management systems in

ort;

1) Cootdinale with DENR and concerned local government nits (LGU)
on the proper handling and disposal of wastes collected at ports;

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

SEC. 11. Department of Environment and Natural Resources (DENR). For

purposes of this Act, the DENR shalll have the following powers and functions:

8) 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 intemational standards; and,

€) Set emission standards for ships.

EC. 12. Role of Local Government 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

EC. 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.

SEC. 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 concemed 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.

SEC. 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 Intemational Safety Management Code. Alll ships shall put up
and maintain appropriate on-board containers, holding tanks or receptacles for oil
residues, sewage and solid wastes.



SEC. 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

SEC. 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.

SEC. 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.

SEC. 19. Immediate Report of an Accident. - Whenever an accident occurs to a
ship or a defect is discovered which substamtially 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.

SEC. 20. Obligations of the ship owner. ~ The ship owner is required to

a) Install appropriate devices or facilites 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 concerned
‘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;

(©) 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

ident involving its ship or other ships in
accordance with regulations issued pursuant to this Act;

(0) 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

SEC. 21. Discharge of Oil, Oily Mixture, and Oil Residues. - Any
discharge into territorial waters or Exclusive Economic Zone of the Philippines of
oil 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 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



(©) 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.

SEC. 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 applicable 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.

SEC. 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.

SEC. 24. Oily-Water Separating Equipmem 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 be equipped with efficient oily-water separating
equipment or unit, Provided, that ships of 10,000 gross tons and above shall be
fited with oil discharge monitoring and control system and oil filtering
equipment, in addition to oily-water separating equipment.

SEC. 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

SEC. 26. Discharge of Noxious or Liquid Substances. -Any discharge of
noxious liquid substances into terri 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 uncer 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 (3) 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.

SEC. 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


SEC. 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 2

SEC. 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.

SEC. 30. Guidelines for the idemification of harmfid 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 (o 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

(6) liable to produce tainting of seafood; and

(d) highly toxie to aquatic life, defined by a LCS0/96 hour less than 1

ppm.

SEC. 31. Packing, marking. labelling 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
er in coordination with the shipping company. The PCG shall issue detailed
requirements on stowage of harmful substances,

SEC. 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.

eS.

Pollution by Sewage and Garbage from SI

SEC. 33. Discharge of sewage. - The discharge of sewage into territorial,
fr 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

istance of more than 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 instantancously at a moderate rate when the ship is en rowe
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.

SEC. 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.

SEC. 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.

SEC. 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

SEC. 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.

SEC. 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.

SEC. 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. . :

SEC. 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 12 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 VIL
PROHIBITED ACTS AND ADMINISTRATIVE SANCTIONS.

SEC. 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 (Php 10,000,000.00) without prejudice to
the filing of the appropriate criminal cases under applicable laws.

SEC. 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 impgse a fine of not exceeding Ten Million pesos (Php 10,000,000.00)
without prejudice to the filing of the appropriate criminal cases under applicable
laws.

SEC. 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 (Php 10,000,000.00) to be
imposed by the Secretary on the either or both the
ship owner and shipper.

SEC. 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.

SEC. 45. Refusal 10 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 faci *s shall be
liable for a fine not exceeding One million pesos (Php!,000,000.00) to be
imposed by the port authority.

46. Unauthorized change in the ship’s structure, equipment, tings,
arrangements and materials. - Unless authorized under this lav, 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.

SEC. 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
(Php 1,000,000.00) to be imposed by the Administrator of MARINA.

SEC. 48, Failure to Report an Accident. - Any ship owner who fails to
report an accident that occurs to a ship or a defect that is discovered whict
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.

SEC. 49. Absence of Oily Water Separating Equipment and Oit
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 (Php
10,000,000.00) to be imposed by the Administrator of MARINA.

10


19

SEC. 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 (Php!00,000.00) to be imposed by the Commandant of
PCG,

SEC. 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 (Php100,000.00) to be imposed by the
Commandant of PCG.

SEC. 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 (Php!,000,000.00) to be imposed by
the Administrator of MARINA.

SEC. 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 (Php 10,000,000.00)
to be imposed by the Secretary

SEC. 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 4 fine or fifty thousand pesos (50,000.00) for every day or
part thereof during which the offence continues,

SEC. 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).

SEC. 56. Neglect of Duly. - Any governm
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.

official or employee charged

SEC. 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.

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

(1) First violation - a fine not to exceed One hundred thousand pesos

(Php100,000.00);

(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 - @ fine of at least Two hundred thousand pesos
(P200,000.00) but not to exceed One million pesos (Php1,000,000) and
suspension of vessel registration for six (6) months to one (I) year;

(6) 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 concemed agency shall promulgate rules 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



SEC. 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 VIL
MISCELLANEOUS PROVISIONS

SEC. 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 Seeretary of the DENR or its duly authorized representative, as

Chairperson;
b) The Secretary of the DOTC or its duly authorized representative, as
‘Cochairperson;

©) The Secretary of the Department of Agriculture or its duly authorized

representative;

) The Secretary of. the Department of Foreign Affairs or its duly

‘authorized representative;

€) The Commandant of the PCG;

£) The Administrator of MARINA:

g) Representative of the shipping industry; and

1h) 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.

SEC. 61. Marine Pollwion 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 Seortary: the Administrator of
MARINA, and the Commandant of the PCG. The Board shall handle adjudication
pollution incidents and casualties falling under Sections 41, 42, 43 and

SEC. 62. Marine Management Fund. - There is hereby established a
Management Fund to be administered by the Department as a revolving
fund to support research, enforcement and monitoring activities and capabilit
of the Department and its attached agencies in the implementation of this Act. TI
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 theOil 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 Pollution Management Fund under the General
‘Appropriations Act shall be used exclusively for the activities authorized
under the Oil Pollution Compensation Act;

SEC. 63. Ship Pollution Prevention Program. - The Department, in
coordination with concerned agencies and stakeholders, shall establish a Ship
Pollution Prevention Program to enhiance 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;

SEC. 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 enaciment 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.

SEC. 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.

Thereafler, such sums as may be necessary for the operation and
maintenance of this Act shall be included in the General Appropriations Act,

SEC. 66. Joint Congressional Oversight Committee. ~ There is hereby
created a Joint Congressional Oversight Committee 10 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.

SEC. 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 &
schedule for the application and enforcement of this Act and of the regulations
issued pursuant (0 this Act, on domestic ships or ships which do not navigate
international shipping routes.

SEC. 68. Separability Clause. In the event that any prov’
declared unconstitutional, the validity of the remainder shall not be alle
thereby.

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

B


SEC. 70. Effectivity Clause. This Act shall take effect immediately upon

its publication in the Official Gi
general circulation,

Approved,

te oF in at Least two (2) national newspapers of