Circular No. 41/2017/TT-BGTVT dated November 14, 2017 of the Ministry of Transport on prescribing the management of collection and disposal of ship-generated wastes in seaport waters

CIRCULAR

Prescribing the management of collection and disposal of ship-generated wastes in seaport waters^[1]

Pursuant to the June 23, 2014 Law on Environmental Protection;

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

Pursuant to the Government’s Decree No. 12/2017/ND-CP of February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on management of wastes and scraps;

Pursuant to the Government’s Decree No. 58/2017/ND-CP of May 10, 2017, detailing a number of articles of the Maritime Code of Vietnam regarding management of maritime activities;

At the proposal of the Director of the Environment Department and Director of the Vietnam Maritime Administration;

The Minister of Transport promulgates the Circular prescribing the management of collection and disposal of ship-generated wastes in seaport waters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular prescribes the management of collection and disposal of ship-generated wastes in seaport waters.

2. The collection and disposal of ship-generated wastes that cause ozone depletion must comply with regulations on management of ozone-depleting substances and are not regulated by this Circular.

Article 2. Subjects of application

1. Agencies, organizations and individuals involved in the collection and disposal of ship-generated wastes in seaport waters.

2. Vietnamese and foreign ships operating within seaport waters of Vietnam.

Article 3. Interpretation of terms

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

1. Ship-generated wastes include garbage, bilge water, oily bilge water, and other noxious liquid substances generated during the operation of ships.

2. Garbage includes municipal waste, industrial solid waste and hazardous solid waste generated during the operation of ships, specifically:

a/ Municipal waste means wastes from used food and cooking oil and other solid wastes generated during daily-life activities of crewmembers and passengers on board ships;

b/ Hazardous solid waste means solid waste generated during the operation of ships and having hazardous components, such as oily dust mops, paint, paint chips, sludge from gas emissions, sludge of dangerous cargo, and other solid wastes on the list of hazardous wastes provided in Appendix I to the Minister of Natural Resources and Environment’s Circular No. 36/2015/TT-BTNMT of June 30, 2015, on management of hazardous wastes;

c/ Industrial solid waste means solid wastes generated during the handling of cargo and operation, maintenance and repair of ships, except hazardous solid wastes.

3. Bilge water means water whose characteristics and properties have been changed and which is discharged from toilets; basins, bathtubs, and water drains in medical rooms; cattle holds on board ships; and other mixtures with the above types of water.

4. Oily bilge water means an oily liquid waste received from the bilge system, cleaning water for cargo holds of oil tankers, cleaning water for fuel oil tanks, oil residue, sludge of oil residue, oil leaks, oily water from ballast tanks, and oily bilge water from cargo holds.

5. Other noxious liquid substances mean sludge of noxious liquid substances and liquid wastes from cleaning cargo tanks or discharging cargo tanks on board carriers of noxious liquid substances in bulk of categories X, Y and Z provided in regulation 6, Annex II to the 1973 International Convention for the Prevention of Pollution from Ships and its 1978 and 1997 amendments (below referred to as MARPOL Convention).

6. Collection and disposal of ship-generated wastes mean activities related to the collection, retention, transportation and disposal of ship-generated wastes.

7. Receiving trucks mean designated vehicles used for collecting and retaining ship-generated wastes in accordance with Vietnam’s regulations on waste management and MARPOL Convention’s regulations on standard discharge connection.

8. Oil means petroleum oil in any form, even crude oil, fuel oil, oil residue, waste oil and petroleum oil products  already filtered, including the substances listed in Appendix I to this Circular.

Chapter II

MANAGEMENT OF THE COLLECTION AND DISPOSAL OF SHIP-GENERATED WASTES IN SEAPORT WATERS

Article 4. Management of the collection and disposal of ship-generated wastes in seaport waters

1. The collection and disposal of ship-generated hazardous solid waste, oily bilge water and other noxious liquid substances shall be managed in accordance with Chapter II of the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on management of wastes and scraps (below referred to as Decree No. 38/2015/ND-CP), the Minister of Natural Resources and Environment’s Circular No. 36/2015/TT-BTNMT of June 30, 2015, on management of hazardous wastes (below referred to as Circular No. 36/2015/TT-BTNMT), and relevant regulations.

2. The collection and disposal of ship-generated municipal waste shall be managed in accordance with Chapter III of Decree No. 38/2015/ND-CP and relevant regulations.

3. The collection and disposal of ship-generated industrial solid waste shall be managed in accordance with Chapter IV of Decree No. 38/2015/ND-CP and relevant regulations.

4. The collection and disposal of ship-generated bilge water shall be managed in accordance with Chapter V of Decree No. 38/2015/ND-CP and relevant regulations.

5. Seaport enterprises that provide the service of collection and disposal of ship-generated wastes in seaport waters must satisfy the conditions specified in Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant regulations.

6. Seaport enterprises that do not provide the service of collection and disposal of ship-generated wastes in seaport waters shall sign contracts with providers of such service that satisfy the conditions on waste collection and disposal specified in Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant regulations.

7. A seaport enterprise shall collect ship-generated wastes in seaport waters within 4 hours from the time the regional Maritime Administration receives a request from the person carrying out procedures for the ship.

8. The price of the service of collection and disposal of ship-generated wastes in seaport waters must comply with the current law on price and relevant laws.

Article 5. Announcement of the service of collection and disposal of ship-generated wastes in seaport waters

1. A seaport enterprise shall publicize and display the list of organizations and individuals that have signed contracts to provide the service of collection and disposal of ship-generated wastes at seaports and service prices on the website and at the head office of the seaport, made according to Form No. 1 in Appendix II to this Circular.

2. The provision of the service of collection and disposal of ship-generated wastes in anchorage areas and transshipment areas managed by the State is prescribed below:

a/ The regional Maritime Administration shall display on its website information on requests for collection and disposal of ship-generated wastes in anchorage areas and transshipment areas managed by the State;

b/ Organizations and individuals that wish to provide the service of collection and disposal of ship-generated wastes in anchorage areas and transshipment areas managed by the State shall send a written registration to the Maritime Administration concerned, made according to Form No. 2 in Appendix II to this Circular;

c/ The regional Maritime Administration shall display on its website and at its head office the list of organizations and individuals that register to provide the service of collection and disposal of ship-generated wastes in anchorage areas and transshipment areas managed by the State and service prices, made according to Form No. 1 in Appendix II to this Circular.

Article 6. Declaration of demands for disposal of ship-generated wastes in seaport waters

1. When a ship has a demand for disposal of ship-generated wastes in seaport waters, the person carrying out procedures for the ship shall reach agreement with the seaport enterprise or the waste collection and disposal service provider publicized by the seaport enterprise and declare in detail the type of waste, volume of waste in kilogram (kg) or cubic meter (m³), and place for waste collection and disposal to the regional Maritime Administration according to Item 21 of the General Declaration provided in Form No. 42 issued together with the Government’s Decree No. 58/2017/ND-CP of May 10, 2017, detailing a number of articles of the Maritime Code of Vietnam regarding management of maritime activities (below referred to as Decree No. 58/2017/ND-CP).

2. In case it is necessary to pump bilge water, oily bilge water and other noxious liquid substances from a ship for collection and disposal, the person carrying out procedures for the ship shall, in addition to the requirements referred to in Clause 1 of this Article, declare to the regional Maritime Administration according to Form No. 35 to Decree No. 58/2017/ND-CP.

3. In case a ship that operates for many days within a maritime zone managed by a regional Maritime Administration has a demand for collection and disposal of ship-generated wastes, the person carrying out procedures for the ship shall reach agreement with the waste collection and disposal service provider and declare the type of waste, volume of waste in kg or m³, and place for waste collection, organization or individual that will collect and dispose of wastes, and request for waste pumping to the regional Maritime Administration, according to Form No. 35 to Decree No. 58/2017/ND-CP.

Article 7. Process of collection and disposal of ship-generated municipal waste, industrial solid waste and bilge water in seaport waters

1. In case a seaport collects and disposes of ship-generated municipal waste, industrial solid waste and bilge water in seaport waters by itself:

a/ The seaport enterprise shall arrange receiving trucks for collection of ship-generated wastes; and transport, retain and dispose of wastes in accordance with Decree No. 38/2015/ND-CP and relevant regulations;

b/ After collecting wastes, the seaport enterprise shall make a slip of certification of collection of ship-generated wastes according to Form No. 3 in Appendix II to this Circular and send it to related parties for filing.

2. In case a waste collection and disposal service provider collects and disposes of ship-generated municipal waste, industrial solid waste and bilge water in seaport waters, he/she/it shall:

a/ Arrange receiving trucks for collection of ship-generated wastes; and transport, retain and dispose of wastes in accordance with Decree No. 38/2015/ND-CP and relevant regulations;

b/ After collecting wastes, make a slip of certification of collection of ship-generated wastes according to Form No. 3 in Appendix II to this Circular and send it to related parties for filing.

3. Trucks that receive ship-generated bilge water must have standard flanges for connection with the ships’; such a flange is specified below:

a/ The outside diameter is 210 mm;

b/ The inner diameter is equivalent to the outside diameter of the pipe;

c/ The bolt circle diameter is 170 mm;

d/ The flange’s slot has 4 holes of 18 mm in diameter which are equidistantly placed on the bolt circle of the above diameter and has slots in the periphery of the flange; the slot width is 18 mm;

dd/ The flange thickness is 16 mm;

e/ There are 4 bolts and 4 nuts, each of 16 mm in diameter and suitable length;

g/ The flanges can be used for a pipe with an inner diameter of up to 100 mm, made of steel or an equivalent material with a flat surface. This flange with a tightening gasket must be suitable for use under a pressure of 600 kPa;

h/ For ships with a height of 5 meters or less, the flange’s inner diameter may be 38 mm;

i/ For designated ships and passenger ferries, other appropriate flange or quick connections may be used for pumping bilge water.

4. Municipal waste, industrial solid waste and bilge water collected from ships shall be sorted out, retained and transported on suitable vehicles or equipment in accordance with regulations on waste management.

Article 8. Process of collection and disposal of ship-generated hazardous solid waste, oily bilge water and other noxious liquid substances in seaport waters

1. In case a seaport itself provides the service of collecting and disposing of ship-generated hazardous solid waste, oily bilge water and other noxious liquid substances in seaport waters:

a/ The seaport enterprise shall arrange trucks for receiving ship-generated wastes; and transport, retain and dispose of wastes in accordance with Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant regulations;

b/ After collecting wastes, the seaport enterprise shall make a slip of certification of collection of ship-generated wastes according to Form No. 3 in Appendix II to this Circular, and a hazardous waste document under Circular No. 36/2015/TT-BTNMT and send them to related parties for filing;

c/ After completing the disposal of wastes, the seaport enterprise shall send sheet 4 of the hazardous waste document to the regional Maritime Administration for filing and monitoring.

2. In case a waste collection and disposal service provider collects and disposes of ship-generated hazardous solid waste, oily bilge water and other noxious liquid substances in seaport waters, he/she/it shall:

a/ Arrange trucks for receiving ship-generated wastes; and transport, retain and dispose of wastes in accordance with Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant regulations;

b/ After collecting wastes, make a slip of certification of collection of ship-generated wastes according to Form No. 3 in Appendix II to this Circular and a hazardous waste document under Circular No. 36/2015/TT-BTNMT and send them to related parties for filing;

c/ After completing the disposal of wastes, send sheet 4 of the hazardous waste document to the regional Maritime Administration for filing and monitoring.

3. The collection of ship-generated hazardous solid waste, oily bilge water and other noxious liquid substances must not cause spill, dispersion or leakage of wastes.

4. Trucks that receive and transport ship-generated hazardous solid waste, oily bilge water and other noxious liquid substances must comply with Decree No. 38/2015/ND-CP as well as technical requirements and management processes specified in Appendix 2(B) to Circular No. 36/2015/TT-BTNMT.

5. Trucks that receive sludge of oil residue and oily liquid waste from bilge systems must have standard flanges for connection with the ships’; such a flange is specified below:

a/ The outside diameter is 215 mm;

b/ The inner diameter is equivalent to the outside diameter of the pipe;

c/ The bolt circle diameter is 183 mm;

d/ The flange’s slot has 6 holes of 22 mm in diameter which are equidistantly placed on the bolt circle of the above diameter and has slots in the periphery of the flange; the slot width is 22 mm;

dd/ The flange thickness is 20 mm;

e/ There are 6 bolts and 6 nuts, each of 20 mm in diameter and suitable length;

g/ The flanges can be used for pipelines with an inner diameter of up to 125 mm, made of steel or an equivalent material with a flat surface. This flange has a tightening gasket suitable for use under a pressure of 600 kPa.

Chapter III

RESPONSIBILITIES OF COMPETENT STATE AGENCIES AND RELATED UNITS

Article 9. Responsibilities of the Vietnam Maritime Administration

1. To direct regional Maritime Administrations to organize the implementation of this Circular.

2. To inspect the collection and disposal of ship-generated wastes in seaport waters.

3. To include results of management of the collection and disposal of ship-generated wastes in reports on environmental protection in maritime activities and send them to the Ministry of Transport before December 10 every year.

Article 10. Responsibilities of regional Maritime Administrations

1. To organize and supervise the collection and disposal of ship-generated wastes at seaports in accordance with this Circular and Decree No. 58/2017/ND-CP.

2. To guide, and create favorable conditions for, organizations, individuals and ships to collect and dispose of ship-generated wastes.

3. To preserve documents on collection and disposal of ship-generated wastes and present them to competent state agencies upon request (for the collection and disposal of ship-generated wastes in anchorage areas and transshipment areas managed by the State).

4. To review and make reports on the management of collection and disposal of ship-generated wastes in seaport waters under their management according to Form No. 4 in Appendix II to this Circular, and send them to the Vietnam Maritime Administration before December 1 every year.

Article 11. Responsibilities of seaport enterprises

1. To fully implement the provisions of this Circular.

2. To preserve documents on collection and disposal of ship-generated wastes and present them to competent state agencies upon request.

3. To review and make reports on the management of collection and disposal of ship-generated wastes at seaports according to Form No. 4 in Appendix II to this Circular, and send them to regional Maritime Administrations before November 15 every year.

Article 12. Responsibilities of providers of the service of collection and disposal of ship-generated wastes

1. To fully implement the provisions of this Circular and relevant regulations on waste collection and disposal.

2. To preserve dossiers and documents on collection and disposal of ship-generated wastes and present them competent state agencies upon request.

Article 13. Responsibilities of ship masters and owners

1. To fully implement the provisions of this Circular.

2. To take the initiative in collecting and disposing of ship-generated wastes in case the waste-containing equipment or tanks cannot retain more wastes in the next voyage.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14. Effect

This Circular takes effect on January 1, 2018, and replaces the Minister of Transport’s Circular No. 50/2012/TT-BGTVT of December 19, 2012, on management of the receipt and disposal of ship-generated oily liquid waste at Vietnamese seaports.

Article 15. Organization of implementation

1. The Chief of the Office, the Chief of the Inspectorate, directors of departments, and the Director of the Vietnam Maritime Administration of the Ministry of Transport, and related organizations and individuals shall implement this Circular.

2. In case legal documents referred to in this Circular are supplemented, amended or replaced, the relevant provisions of the supplementing, amending and replacing documents shall apply.

3. Any difficulties and problems arising in the course of implementation of this Circular should be reported to the Ministry of Transport for consideration and timely settlement.

Minister of Transport
NGUYEN VAN THE

Appendix I

LIST OF OILS

(To the Minister of Transport’s Circular No. 41/2017/TT-BGTVT
of November 14, 2017)

1. Asphalt solutions: mixed constituents, asphalt products, and sludge after distillation.

2. Gasoline of mixed constituents: alkylate fuel, reformates, and polymer fuel.

3. Oil: filtered oil, crude oil, crude oil mixtures, diesel oil, fuel oil N^o4, fuel oil N^o5, fuel oil N^o6, heavy fuel oil, bitumen, transformer oil, aromatic oil (except vegetable oil), lubricants and mixed constituents, mineral oil, motor grease, osmotic grease, axle grease, and turbine grease.

4. Gasoline: naturally condensed, motor gasoline, aviation gasoline, directly distilled gasoline, fuel oil N^o1, fuel oil N^o1-D, fuel oil N^o2, and fuel oil N^o2-D.

5. Fuel: JP-1, JP-2, JP-3, JP-4, JP-5, turbine fuel, kerosene, and mineral spirits.

6. Distilled products: directly distilled products, and products of thermal cracking.

7. Naphtha: light aromatic solvent, heavy aromatic solvent, and middle distillates.

* Appendix II to this Circular is not translated.-