1、International Maritime Organization International Maritime Organization London, 1999 First published in 1995 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 75R Second edition, 1999 Printed in the United Kingdom by Ashford Press Design and Layout: G. Avrich, Utrecht, Nethe
2、rlands 2 4 68 109 7 5 3 ISBN 92 - 801 -6094-X Sales number: IMO-597E Copyright IMO 1999 All rights reserved. No part of this publication may, for sales purposes, be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanic
3、al, photocopying or otherwise, without prior permission in writing from the International Maritime Organization. Index COMPREHENSIVE MANUAL ON PORT RECEPTION FACILITIES Chapter Title Page 1 2 3 4 5 6 7 8 9 10 11 12 Introduction 5 Legal background 13 Developing a waste management strategy National im
4、plementation Planning reception facilities Choice of location Types and quantities of shipgenerated wastes 31 57 79 99 111 Equipment alternatives to collect, store and treat ship-generated wastes 135 Recycling shipgenerated wastes 193 Options for final disposal 209 Establishment and operation of rec
5、eption facilities (including funding mechanisms) 231 Co-ordination of port and ship requirements 279 Index Chapter Title Page 13 14 15 Options for enforcement and control 289 Small ships 299 Checklist 31 7 I index I I7-l Index CHAPTER Introduction COMPREHENSIVE MANUAL ON PORT RECEPTION FACILITIES I
6、N D E X 1. INTRODUCTION 1.1 User guide 1.2 Organization 1.3 Background Introduction Previous page is blank INTRODUCTION 1 This Manual provides guidance on the provision of recep tion facilities for ship-generated waste, as part of the implementation of the International Convention for the Prevention
7、 of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). Widespread use of this Manual will help overcome the his- toric problem of implementing this portion of MARPOL 73/78. MARPOL 73/78 provisions require the government of each party to ensure the provisi
8、on of adequate port re- ception facilities without causing undue delay. A port re- ception facility is anything which can receive shipboard residues and mixtures containing oil, noxious liquids, or garbage. Type and size of the facility depend on the needs of the ships visiting a port. Where a simpl
9、e gar- bage bin and a barrel for waste oil may suffice in a small port, another will need large storage tanks for the reception of residues and mixtures containing oil or nox- ious liquids. Using the Manual will allow the provision of the neces- sary reception facilities separately or as part of a w
10、ider waste management strategy. Where there is such a waste management strategy in operation, reception fa- cilities for ship-generated waste can be integrated with the normal waste management processes. This will often be at relatively low cost. Any new facilities can also be integrated with other
11、ship ping-related processes designed to safeguard human health and the environment, such as quarantine arrange- ments. For parties to MARPOL 73/78, failure to establish ade- quate facilities is a breach of international obligations and will increase the risk of illegal discharges from ships. Where t
12、hey can, ship operators will favour ports with good services at reasonable cost. 151 Introduction Previous page is blank 1.1 User guide The Manual has been prepared bearing in mind that ac- tion will be required at different government and port op- eration levels, and the roles of each may be very d
13、ifferent. The Manual also recognizes that in some parts of the world there will be bilateral or multilateral arrangements which relate to provision of port facilities and waste man- agement. Readers who need to have a complete overview of MARPOL 73/78 and of their responsibility for provision of rec
14、eption facilities may wish to proceed chapter by chapter through the Manual. A small ships section is included in chapter 14. It deals with the unique problems associated with provision of reception facilities for such vessels. Government and regional officials will find guidance on their MARPOL 73/
15、78 obligations and how they relate to national, re- gional or local waste management strategies in chapters 2, 3, 4 and 11. This will help them participate as neces- sary in developing programmes for implementing ade- quate waste reception and treatment arrangements for ports within their jurisdicti
16、ons. Chapters 5 to 12 will be useful to agencies responsible for planning the establishment of reception facilities and in- tegrating them into a broad waste management strategy. Managers and operators of ports will find practical guid- ance in chapters 5 to 9 for establishing facilities in the port
17、 areas under their control. These chapters set out major options, and provide a basis for pursuing more detailed technical advice. Many managers and opera- tors with responsibilities for waste treatment and cost recovery will be assisted by chapters 10 and 1 1 . Introduction Isl Organization The str
18、ucture of the Manual is presented in Figure 1.1 on page 17. Background This Manual was prepared by the Working Group on Port Reception Facilities established in March 1992 at the 32nd session of the Marine Environment Protection Com- mittee (MEPC) of the International Maritime Organization (IMO). Th
19、e Working Group was asked to prepare a com- prehensive manual on the provision of adequate port reception facilities. The Manual was adopted by the 35th session of MEPC in March 1994. This edition (1 999) contains a new chapter 11, which was approved by MEPC at its 42nd session (November 1998), and
20、some editorial changes in the other chapters. MARPOL 73/78 attempts to reduce marine pollution by controlling or prohibiting discharges from ships. Its six Annexes cover: Annex1 : Oil Annex II : Noxious liquid substances in bulk Annex Ill : Harmful substances carried in packaged form Annex IV: Sewag
21、e AnnexV : Garbage Annex VI: Air Annexes I and II are mandatory from the time States ratify MARPOL 73/78. Annex Ill does not require port reception facilities. As Annexes IV and VI are not yet in force, they wiil be dealt with only briefly. Introduction 1.2 1.3 This Manual updates and supersedes the
22、 following IMO guidance on port reception facilities: Facilities for Ports, Part I - Oily Wastes, 1976; Guidelines on the Provision of Adequate Reception Facilities in Ports, 1978; Guidelines for the Implementation of Annex V of MARPOL 73/78, Section 6, Port Reception Facilities for Garbage. The cur
23、rent technology and management practices for treatment or reception of wastes will change with im- provements in technology. Information gathered by ports on the practical application of new treatment methods should be sent to IMO. They will be taken into account in future revisions of the Manual. S
24、everal countries have issued exellent guidelines on re- ception facilities and waste management. Below are a few examples: Port Waste Management Planning - How to Do It, UK De- partment of Enviroment, Transport and Planning, 1998 Port Waste Management Planning - A Guide for Marina Operators and Coas
25、tal Clubs, Royal Yachting Associa- tion and British Marine Industries Federation, 1998 Best Practice Guidelines for Waste Reception Facilities at Ports, Marinas and Boat Harbours in Australia and New Zealand, Australian and New Zealand Enviroment and Conservation Council and Australian Transport Cou
26、ncil, 1997 The Baltic Strategy for Reception Facilities for Shipgen- erated Waste, Helsinki Commission (HELCOM), 1998 July 1999 Introduction Isl Chapter 3 Waste Management Strategy Figure 1.1: Manual Organization I Chapter -I One of obligations: Reception Facilities Ratification Small ships 0 L Chap
27、ter 14 A 4 4 Regional regulations 4 Port regulations National law - I I Chap:er 1 L I nl Planning 1 J Design/engineering U phase 1 Construction/ U implementation phase Port Reception Facility operation 4 t Site selection I +I Waste assessment I Chapter 7 I d Technology selection c Recycling I I Chap
28、ter10 A Final Disposal Financing/ -I Cost recovery J Chapter 11 port/ship I Enforcement and control options Introduction Figure 1.1 : Manual Organization 191 CHAPTER Lega I background . . . . . . . CL-.:-.- :2. - I_ _ . . . COMPREHENSIVE MANUAL ON PORT RECEPTION FACILITIES I N D E X 2 2.1 2.2 2.3 2.
29、3.1 2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 I 2.4 LEGAL BACKGROUND Major elements of the present policy Role of IMO and MEPC What are adequate facilities? framework at international level Adequacy Undue delay Information Ultimate disposal Adequacy at a regional level When will the requirements for a Special A
30、rea take effect? Technical cooperation 15 20 21 21 22 22 23 23 24 25 Legal background m Previous page is blank LEGAL BACKGROUND 2 2.1 Major elements of the present policy framework at international level In the 1950s and late 1960s the international commu- nity developed international institutions a
31、nd legal in- struments to cope with the mounting volumes of wastes discharged into coastal waters or disposed of offshore. There now exist a number of global and regional insti- tutions and instruments, both within and outside the UN system, for the protection and preservation of the ma- rine enviro
32、nment. The first international convention to control oil pollution from ships was the International Convention for the Pre- vention of Pollution of the Sea by Oil, 1954 (OILPOL 54). Despite several important amendments (1 962 and 1969), the OlLPOL Convention had some serious short- comings that effe
33、ctively defeated its purpose. OlLPOL 54 requires Contracting Parties to take all appropriate steps to promote the provision of adequate reception facilities. However, the provision of reception facilities was left to the discretion of port states and was, there- fore, not a requisite condition for c
34、ompliance with OlLPOL 54. This is regarded as one of the main reasons why the installation of reception facilities did not progress satisfactorily. In order to achieve the complete elimination of inten- tional pollution of the marine environment by oil and oth- er harmful substances as well as the m
35、inimization of accidental discharge of such substances, the Interna- tional Conference on Marine Pollution developed the In- ternational Convention for the Prevention of Pollution from Ships, 1973, to replace OlLPOL 54. The Conven- tion was further modified by the Protocol of 1978; the 1973 Conventi
36、on and the 1978 Protocol are treated as a single instrument which is generally referred to as MAR- POL 73/78. The Articles and Protocol provide the gen- eral framework, whereas the Annexes contain detailed and stringent regulations for the prevention of pollution. Legal background Previous page is b
37、lank MARPOL 73/78 consists of twenty Articles, two Proto- cols and six Annexes which contain regulations for the prevention of pollution by: Annex I Oil Annex II Annex Ill Annex IV Sewage Annex V Garbage AnnexVI Air Noxious liquid substances carried in bulk Harmful substances carried in packaged for
38、ms Annexes I and II are mandatory, and States ratifying or acceding to MARPOL 73/78 must give effect to the provi- sions of these Annexes. The other Annexes are optional, and States may decide if and when they are ready to accede to any of these Annexes. To date (July 1999), all Annexes except Annex
39、es IV and VI have entered into force 2. When MARPOL 73/78 was developed, the general view was that the Annexes would cover all types of ship-gen- erated substances which were at the time considered harmful to the marine environment. In subsequent years, however, it has become clear that other types
40、of waste need to be regulated as well; for instance certain dry cargoes in bulk. The ability to fully comply with the discharge require- ments of Annexes I, II, IV, V and VI of MARPOL 73/78 is dependant upon the availability of adequate recep- tion faci I ities. 1 The new Annex VI, on air pollution
41、from ships, was adopted by an interna- tional conference in September 1997. 2 Annex I : 2 October 1983 Annex I1 : 6 April 1987 Annex 111 : 1 July 1992 Annex IV : has not entered into force as per July 1999 Annex V : 31 December 1988 Annex VI : has not yet entered into force as per July 1999 Some par
42、ties already apply Annex IV on a regional basis. E.g. ships flying the flag of Parties to the Helsinki Convention are already required to ap ply the provisions of Annex IV in the Baltic Sea area, while Governments of States which are not Parties to the Helsinki Convention are invited to urge ships f
43、lying their flag to apply the provisions of Annex IV of MARPOL 73/78 when operating in the Baltic Sea area. Legal background To remedy the shortcomings of OlLPOL 54, MARPOL 73/78 uses stronger and more positive wording on the provision of reception facilities. Each Party undertakes to ensure the ade
44、quate provision of facilities at ports and terminals to meet the needs of ships using them, without causing undue delay to ships. It also specifies the categories of ports and terminals which require re- ception facilities together with their capacities. To reduce and eliminate pollution from ships,
45、 the pro- vision of adequate reception facilities is an indispensable requisite. Parties to MARPOL 73/78 have the right of a port state to take action to ensure that ships comply with MARPOL 73/78 requirements. Port state authorities can inspect such ships to verify documentation and deter- mine if
46、the ship has discharged or is likely to discharge harmful substances in violation of the Regulations. Enforcement of pollution control regulations is not an easy task and its success depends on the concerted ef- forts of all Parties involved. Therefore, the Convention requires that Parties co-operat
47、e in the detection of viola- tions and the enforcement of the provisions of the Con- vention, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence. The main elements of MARPOL 73/78 are summarized in
48、table 2.1. The need for concerted efforts was also recognized and reaffirmed in various regional seas conventions drafted under the auspices of UNEP. These conventions general- ly declare that the States Parties shall take all appropri- ate measures conforming to international law to prevent, abate,
49、 combat and control pollution caused by ships and ensure effective implementation of applicable inter- national rules for the different types of pollution 3. 3 See for example: article 6 of the 1976 Barcelona Convention for the Mediterranean Sea: article 4 of the 1978 Kuwait Convention for the Gulf: article 5 of the 1981 Abidjan Convention on West and Central Africa: article 4 of the 1982 Jedah Convention on the Red Sea; article 5 of the 1983 Cartagena Convention on the Caribbean: article 6 of the 1986 Noumea Convention on the South Pacific. Legal background m It is generally acce
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