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.

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