Investigating Shipping Pollution Violations Pacific Module 8: Sewage and Garbage

Sewage MARPOL Annex IV in force internationally 27 September 2003 (new ships) - Existing ships 27 September 2008 Application to the following ships engaged in international voyages –Vessels over 400gt –Less than 400gt certified to carry more than 15 persons (crew and passengers)

Sewage MARPOL Annex IV in force internationally 27 September 2003 (new ships) - Existing ships 27 September 2008 Application ships engaged in international voyages Vessels over 400gt Less than 400gt certified to carry more than 15 persons

Sewage Definition Sewage means: drainage and other wastes from any form of toilets and urinals; drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises; drainage from spaces containing living animals; or other waste waters when mixed with the drainages defined above.

Sewage systems Ships have three options: sewage treatment plant (type approved by the Administration) sewage comminuting and disinfecting system approved by the Administration a holding tank –capacity to the satisfaction of the Administration for the retention of all sewage, having regard to the operation of the ship, the number of persons on board and other relevant factors.

Discharge – sewage treatment system Approved sewage treatment plant Discharge allowed anywhere Effluent shall not produce visible floating solids nor cause discoloration of the surrounding water

Discharge – communited/disinfected system distance of more than 3 nautical miles from the nearest land, or sewage which

Discharge – holding tank more than 12 nautical miles from the nearest land shall not be discharged instantaneously but at a moderate rate when the ship is en route and proceeding at not less than 4 knots rate of discharge

Enforcement Examples

MARPOL ANNEX V Garbage Garbage means all kinds of victual, domestic and operational waste generated during the normal operation of the ship and liable to be disposed of continuously or periodically Discharge means any release, howsoever caused, from a ship includes any escape, disposal spilling, leakage, pumping, emitting or emptying

Aim

Annex V Discharge Provisions Applies to all ships (all sizes) Plastics prohibited >3 nm from nearest land –Garbage passed through a communiter or grinder (25mm) >12 nm from nearest land –Food waste, paper products, rags, metal, bottles, crockery, cargo residues etc >25 nm from nearest land –Dunnage, lining and packing materials that will float

Other Annex V provisions Garbage Record Book, Garbage Management Plan, Placards 400grt or carrying 15 persons Placards vessel 12m or more

1. Disposal of garbage into the sea from a ship. Statements from eyewitnesses if any. Statements identifying garbage as having come from a particular Ship Modelling simulation of garbage trajectory relating to Ship positions Procedures onboard ships for garbage handling 2.Within the EEZ Statements in relation to retrieval and location of garbage. Mapping in relation to disposal location. 3.Exceptions Inspection of Ship Interviews with all relevant persons onboard Ship Elements of Offences and Evidence

Enforcements Examples “SHALOM” Facts: Disposal from sailing yacht of garbage being plastic bags, plastic wrapping, plastic container and polystyrene into the sea near Cocos (Keeling) Island. Eye Witness Court: Magistrates Court Cocos, Perth Sentence: 3 April 1997 Outcome: Convicted and Fined $350

Bow De Jin

UNSUCCESSFUL MATTER Tasmania, 1992 Unable to directly link garbage to fishing vessel (break in continuity of observations) Garbage dump/tip nearby

ISSUES Resource intensive investigations Cost and delay Proving the particular Ship Proving who discharged the waste/ actual negligence. Convincing Court of seriousness of offence. Securing convictions against both master and owner Maintaining pressure on legislature for higher penalties & consistent with those imposed internationally Convictions often more important than fine imposed Convictions recorded on world wide database

Questions