Thông tư 50/2012/TT-BGTVT về chất thải lỏng có dầu từ tàu biển tại cảng biển Việt Nam

CIRCULAR

PROVISIONS ON MANAGEMENT OF RECEPTION AND TREATMENT OF OILY LIQUID WASTE FROM SEAGOING SHIPS AT VIETNAMESE PORTS

Pursuant to theMaritime CodeofVietnam datedJune 14, 2005 and other guiding documents;

Pursuant to the Law on Environmental Protection dated November 29, 2005 and other guiding documents;

Pursuant to Decree No. 51/2008/ND-CP dated April 22, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2012/ND-CP dated March 21, 2012 of the Government on management of sea ports and maritime channels;

Pursuant to Annex I of theInternational Conventionfor thepreventionand control of pollution fromShips,1973as amended by the 1978 Protocol (Marpol Convention 73/78);

At the request of the Director of the Vietnam Maritime Department and the Director of Department of Environment;

The Minister of Transport issues Circular regulating the management of reception and treatment of oily liquid waste from seagoing ships at Vietnamese ports;

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Circular regulates the management of reception  and treatment of oily liquid waste from seagoing ships at Vietnamese ports;

2. The management of reception and treatment of oily liquid waste from seagoing ships must comply with the provisions of this Circular and other relevant legal documents. Where the international agreements in which the Socialist Republic of Vietnam is a contracting party contains provisions different from the provisions of this Circular, the provisions of that international treaty shall apply.

Article 2. Subject of application

This Circular applies to Vietnamese and foreign organizations or individuals related to the management of reception and treatment of oily liquid waste from seagoing ships at Vietnamese ports

Article 3. Explanation of terms

In this Circular, the terms below are construed as follows:

1. Seagoing ship is the ship or other specialized mobile floating structure on sea.

2. Oily liquid waste from seagoing ships is the liquid waste mixed with oil from the bilge system of engine room, water for cleaning of cargo hold of the oil ship, water for cleaning oil and fuel tank, waste oil, waste oil sludge, leaking oil, water mixed with oil from ballast tank, bilge water mixed with water from cargo hold.

3. Reception facilities are specialized facilities for reception of oily liquid waste from ships, including water vehicles, tank cars or tanks that can receive oily liquid waste from ships, pipelines system with connection flange with standards in accordance with Section 2.2.3, Chapter 2, Part 3 of Regulations on marine pollution prevention system of ships (QCVN 26:2010 / BGTVT) and provision 13, Annex I of Marpol Convention 73/78.

4. Treating oily liquid waste is the process of using technological and technical solutions to change, remove, quarantine, destroy or damage the hazardous nature and composition of oily liquid waste (including the recycling, recovery, incineration, treatment, isolation and burial) with the ultimate purpose of not causing adverse impact of the environment and human health.

5. Management of reception and treatment of oily liquid waste from seagoing ships is the activities related to the reception, temporary storage, transportation, treatment and disposal of oily liquid waste from ship operation at Vietnamese sea ports:

6. Activities of cargo/ ballast are activities of oil tanker, or ballast trip.

7. Oil is the mineral oil in any form, including crude oil, fuel oil, sludge, waste oil and oil products which have been filtered including substances referred in Annex I of this Circular.

Chapter 2.

REGULATIONS ON MANAGEMENT OF RECEPTION OF TREATMENT OF WASTE LIQUID AND OIL FROM SEAGOING SHIPS

Article 4. Requirements for sea port and harbor

1. Sea port and harbor must be equipped with means of reception or oily liquid waste treatment station if having the following activities:

a) Receiving of crude oil tanker just before the port landing had made​​the ballast trip less than 72 hours or no more than 1,200 nautical miles;

b) Receiving tanker of oil not as bucket crude oil with the quantity greater than 1,000 tons per day;

c) Having ship repair workshops or tank sanitation facilities;

d) Receiving seagoing ships with sludge tanks;

e) Receiving other seagoing ships with bilge water mixed with oil and sludge not permitted to be discharged into sea.

g) Receiving cargo in the form of buckets but the oil sludge from mixed cargo ships cannot be discharged into sea.

2. For sea port and harbor subject to the provisions of Clause 1 of this Article have not been equipped with the reception facilities or oily liquid waste treatment station from seagoing ships, there must be a list of organizations or individuals providing services of reception and treatment of oily liquid waste provided by the area port authorities.

Article 5. Requirements for organizations or individuals performing activities of reception and treatment of oily liquid waste from seagoing ships.

1. Organizations or individuals conducting activities of reception and treatment of oily liquid waste from seagoing ships must be licensed to practice management of hazardous waste in accordance with the provisions of Articles 9, 10, 11, 12, 13 and Article 14 of Circular No. 12/2011/TT-BTNMT dated April 14, 2011 (hereinafter known as Circular No. 12/2011/TT-BTNMT) of the Ministry of Natural Resources and Environment regulating management of hazardous waste.

2. After each delivery and reception and treatment of oily liquid waste:

a) For organizations or individuals with reception facilities and liquid waste treatment system at sea port area: Make report on the result of delivery and treatment to the area port authorities in Form 02 together with this Circular;

b) For organizations or individuals do not have oily liquid waste treatment system at sea port area: Make report on the result of delivery and treatment to the area port authorities in Form 02 together with document of hazardous waste.

Article 6. Registration of activities of reception and treatment of oily liquid waste at port and harbor.

1. Organizations or individuals wishing to carry out activities of reception and treatment of oily liquid waste at Vietnamese sea port and harbor shall submit directly 01 (one) dossier or sent by post to the area port authorities. The dossier includes:

a) Notice of implementation of activities of reception and treatment of oily liquid waste from seagoing ships in accordance with Form No. 03 attached to this Circular;

b) Permits for hazardous waste management practice issued by the licensing authority (certified copy);

c) Permits for discharge of wastewater into water sources by the licensing authority (certified copy).

2. Process of reception and treatment

The area port authorities shall receive dossier, check the quantity and components of the dossier, issue receipt and receiving date of result as prescribed:

a) In case of direct submission, if the dossier is incomplete as prescribed, it shall be returned and organizations or individuals shall be guided for completion of dossier as specified in Clause 1 of this Article;

b) In case of submission via post, if the dossier is incomplete as prescribed in Clause 1 of this Article, the area port authorities shall guide the completion of dossier in writing within 01 working day from the date of receiving dossier.

c) Within 02 (two) working days from the date of receiving dossier as prescribed in Clause 1 of this Article, the area port authorities shall notify in writing organizations or individuals performing activities of reception and treatment of oily liquid waste at Vietnamese sea ports in Form No.04 attached to this Circular.

Article 7. Requirements for seagoing ships

1. Ships landing at the ports must meet all the requirements as prescribed in Articles 49, 50, 51,​​52, and 54 of Decree No. 21/2012/ND-CP of March 21, 2012 of the Government on management of sea ports and maritime channels (hereinafter referred to as Decree No. 21/2012/ND-CP).

2. Ships landing at the ports must report the amount of oily waste liquid on board in section 16 of the joint Declaration in Form No. 03 issued with Decree No. 21/2012/ND-CP This declaration is done simultaneously with the procedures for ships to land at sea port.

3. Ships with requirements for facilities to receive and treat oily liquid waste must be declared with the area port authorities in the joint Declaration - Form No. 03, Section 21 of Decree No. 21/2012/ND-CP.

4. Plan for delivery and reception of oily liquid waste at port and harbor where ships land shall be submitted directly or via post to the area port authorities in Form No. 27 of Decree No. 21/2012/ND-CP.

5. For oil tankers with a total tonnage of 150 GT or more and any other ships with a total tonnage of 400 GT or more must be equipped with oil Diary Part I - Engine room operation; Oil tankers with a total capacity of 150GT or more must be equipped with oil Diary part II – operation of cargo/ ballast (as specified in Annex I of Convention Marpol 73/78). This diary must be fully documented and submitted to the authorities upon request.

6. Strictly prohibiting the transfer of oily liquid waste from seagoing ships to reception facilities without consent of the area port authorities.

7. For seagoing ships landing at sea ports where there is no reception facilities of oily liquid waste and no list of units permitted to carry out activities of oily liquid waste reception, the oily liquid waste must be retained on board and the guidance of the area port authorities shall be made.

Chapter 3.

RESPONSIBILITIES OF MANAGEMENT AUTHRITIES, ORGANIZATIONS OR INDIVIDUALS INVOLVED IN MANAGEMENT OF RECEPTION AND TREATMENT OF OILY LIQUID WASTE FROM SEAGOING SHIPS

Article 8. Responsibilities of the Vietnam Maritime Administration

1. Directing the area port authority in the implementation, inspection and supervision of the management of reception and treatment of oily liquid waste from seagoing ships at sea ports.

2. Assuming the prime responsibility and coordinating with the General Department of Environment, Ministry of Natural Resources and Environment in the implementation,  inspection and supervision of implementation of this Circular.

3. Reviewing and making report to the Ministry of Transport, Ministry of Natural Resources and Environment periodically once a year. The reporting time is prior to December 31 annually in Form No. 06 attached to this Circular.

Article 9. Responsibilities of area port authorities

1. Directly inspecting and supervising the reception and treatment of oily liquid waste for sea ports specified in Article 4 of this Circular.

2. Informing and creating favorable conditions for organizations or individuals and ships to fully meet the requirements of Article 5, Article 7 of this Circular and carry out activities of reception and treatment of oily liquid waste from ships.

3. Coordinating with the local Services of Natural Resources and Environment in inspection and monitoring under their specialty of the implementation of the provisions in this Circular for the management of reception and treatment of oily liquid waste from ships.

4. Creating conditions for ships wishing to discharge oily liquid waste as prescribed.

5. Making monitoring Book and records on management of reception and treatment of oily liquid waste annually. The records shall show full information about time, the number of times to receive and treat the oily liquid waste, the volume of oily liquid waste having been treated. The monitoring Book of the management of reception and treatment of oily liquid waste annually shall comply with Form 01 attached to this Circular.

a) For ports with the treatment system of oily liquid waste, the records must have records of observation, or sheet of environmental quality analysis of the competent authority under the current provisions of the Law on Environmental Protection;

b) For ports without treatment system of oily liquid waste, the records must have document of hazardous waste in accordance with the provisions in Circular No. 12/2011/TT-BTNMT.

6. The monitoring Book of the management of reception and treatment of oily liquid waste at sea ports must be submitted to the management authorities upon inspection and kept at the area port authority for at least 5 years after the end of the book entry.

7. Reviewing and updating the list of organizations and individuals eligible for reception and treatment of oily liquid waste from ships; providing this list for ports, harbors and ships first land at ports.

8. Informing and guiding the discharge of oily liquid waste to ships landing at ports, specified in Clause 7, Article 7 of this Circular.

9. Making report on management of oily liquid waste from ships under their management area to the Vietnam Maritime Administration once for every 6 months. The reporting time is prior to June 20 and December 20 annually in accordance with Form No. 05 attached to this Circular.

Chapter 4.

IMPLEMENTATION PROVISION

Article 10. Effect

This Circular takes effect from February 15, 2013

Article 11. Responsibility for implementation

Head of the Ministry Office, Chief Inspector, Directors of Departments, Directors of the Vietnam Maritime Administrations, Vietnam Register, Chairman of People s Committees of centrally-affiliated provinces and cities and organizations and individuals concerned are liable to execute this Circular. /.

ANNEX I

(Issued together with Circular No. 50/2012/TT-BGTVT dated December 9, 2012 of the Minister of Transport)

List of oil:

Asphalt solution: mixing components, asphalt products, residue after distillation.

Gasoline of mixing components: alkylates fuel, reformat, polymer fuel.

Oil: filtered oil, crude oil, mixture of crude oil, diesel oil, fuel oil N ° 4, N ° 5 and N ° 6 , heavy fuel oil, paving oil, transformer oil, fragrant oil (excluding vegetable oil), lubricating oil and mixing components, mineral oil, motor oil, absorption oil, spindle oil and turbine oil.

Gasoline: part of natural condensation, automotive gasoline, aviation gasoline, gasoline of direct distillation, fuel oil N ° 1, N ° 1-D, N ° 2, N ° 2-D.

Fuel: JP-1, JP-3, JP-4, JP-5, turbine fuel, kerosene, mineral spirit.

Distillate: Direct distillate thermal cracking products.

Naphtha: mild solvent, heavy solvent, average distilled oil.