Chapter 20. Reception facilities for ship-generated waste and cargo residues

Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.

Translation Norwegian Maritime Directorate (Sjøfartsdirektoratet): Excerpts from the Norwegian Passenger and Cargo Ship Legislation, etc. (Fagbokforlaget).

Laid down pursuant to § 1, § 116 first and second paragraphs, § 118 and § 124, cf. Formal Delegation 12 October 1979 No. 1 and Chapter 5 of the Act of 13 March 1981 No. 6 concerning protection against pollution and concerning waste (Pollution Control Act). Cf. the EEA Agreement, Annex XIII No. 56i (Directive 2000/59/EC, amended by Directive 2002/84/EC).

I. General provisions

§ 20-1. Purpose of the regulation

The purpose of this Chapter is to protect the external environment by ensuring the establishment and operation of adequate reception facilities for ship-generated waste and cargo residues, and by ensuring delivery of ship-generated waste and cargo residues to port reception facilities.

§ 20-2. Scope of application

This Chapter applies to:

a) all ships, Norwegian and foreign, including fishing vessels, pleasure craft, warships, naval auxiliary vessels and other ships owned or operated by the Norwegian state or by a foreign state, calling at a Norwegian port,
b) all Norwegian ports normally visited by ships falling under the scope of paragraph a).
c) Subpart III "Notification and delivery of waste and cargo residues" shall apply to Norwegian ships calling at a port within the European Economic Area.

§ 20-3. Definitions

For the purpose of this Chapter the following definitions shall apply:

Ship-generated waste: any kind of waste, including sewage, and residues other than cargo residues, which are generated during the operation of a ship and fall under the scope of Annex I (oil), IV (sewage) and V (garbage) of MARPOL 73/781, and cargo-associated waste as defined in the Guidelines for the implementation of Annex V to MARPOL 73/78;

Cargo residues: the remnants of any cargo material on board in cargo holds or tanks which remain after unloading procedures and cleaning operations are completed, including loading/unloading excesses and spillage;

3. Ship: a seagoing vessel of any type operating in the marine environment, including hydrofoil boats, air-cushion vehicles, submersibles and floating devices;
4. Pleasure craft: any floating device designed for and capable of moving on water, and used for non-commercial purposes;
5. Port: a place or a geographical area made up of such improvement works and equipment as to permit the reception of ships, including fishing vessels and pleasure craft;
6. Port operator: a private port owner, a port committee or a Municipality;
7. Reception facilities: any facility suitable for receiving ship-generated waste or cargo residues. This shall include fixed facilities as well as floating and mobile units.
8. Ship in regular scheduled service: a ship carrying passengers or cargo between designated destinations or on designated distances, according to a fixed schedule.
1 The International Convention for the Prevention of Pollution from Ships, as amended.

§ 20-4. Responsibility

The shipping company, shipmaster and others working on board shall perform their duties pursuant to the Ship Safety and Security Act and the additional provisions pursuant to these regulations. The port operator is responsible for the compliance with the provisions of this chapter, as outlined in each section.

II. Port reception facilities

§ 20-5. Establishment and operation of reception facilities

The port operator shall, based on the need for delivery, ensure the establishment and operation of port reception facilities for ship-generated waste and cargo residues. Such reception facilities shall be adequate to meet the normal needs for delivery in the port, without causing undue delay to ships.

Reception of waste and cargo residues considered to be hazardous waste pursuant to Section 11-4 of the Regulation of 1 June 2004 No. 930 concerning the recycling and treatment of waste shall be subject to the provisions of Annex III to this Chapter.

§ 20-6. Waste reception and handling plans, and reporting

The port operator shall ensure that waste is received and handled in accordance with an appropriate plan to be developed in consultation with the parties concerned. The plan shall be communicated to the County Governor no later than 1 July 2004 for the first time, and thereafter when the operation of the port has undergone significant changes, and shall satisfy the provisions of Annex I to this Chapter and applicable waste management rules. Such waste reception and handling plans may be developed in a regional context, provided that the need for and availability of reception facilities are specified for each individual port.

The port operator shall provide a report to the County Governor about the port reception facilities, including their location, capacity and available equipment, as well as other relevant matters.

III. Notification and delivery of waste and cargo residues

§ 20-7. Compulsory notification

The master of a ship bound for a port located in the European Economic Area, other than a ship in regular scheduled service and pleasure craft authorized to carry no more than 12 persons, shall notify the port operator or whoever is designated by the port operator of delivery of waste and cargo residues:

a) at least 24 hours prior to arrival if the port of call is known, or*
b) as soon as the port of call is known, if this information is available less than 24 hours prior to arrival, or
c) at the latest upon departure from the previous port, if the duration of the voyage is less than 24 hours.

Notification shall be given in accordance with the provisions of Annex II to this Chapter, and the information shall be kept on board at least until the next port of call and shall upon request be made available to the Norwegian Maritime Directorate. Ships having frequent port calls within 24 hours, and ships calling at ports where no port dues are charged, shall notify the port in which waste is to be delivered. If the ship's next port of call is located outside the Nordic countries, the completed notification form shall be available in English.

§ 20-8. Duty to deliver waste and cargo residues

The master of a ship shall ensure delivery of ship-generated waste and cargo residues to a port reception facility prior to departure, unless it follows from the information given in accordance with Section 20-11 that there is sufficient dedicated storage capacity for all ship-generated waste and cargo residues until delivered to a port reception facility. For oily waste the residue capacity shall be at least 75 % of the total capacity.

The shipping company and the shipmaster are responsible for payment of fees stipulated in accordance with Subpart IV "Financing of port reception facilities".

If there are good reasons to believe that adequate reception facilities are not available at the intended port of delivery, or if this port is unknown, the Norwegian Maritime Directorate may order the ship to deliver waste or cargo residues prior to departure, or, if necessary, detain the ship until waste and cargo residues have been delivered.

If there is unambiguous evidence that a ship has left a port without having satisfied the requirements of the first paragraph, the Norwegian Maritime Directorate shall inform the appropriate authority in the next port of call accordingly.

IV. Financing of port reception facilities

§ 20-9. Fees for ship-generated waste

The costs associated with reception of ship-generated waste, including the treatment and disposal of the waste, shall be covered through the collection of a fee from the ships calling at the port. This fee shall be collected irrespective of whether ship-generated waste is delivered to the reception facility.

A fee for cargo residues may not be collected unless cargo residues are actually delivered.

The fee shall be differentiated in accordance with the availability of reception facilities. The amount of the fee shall be determined by the port operator and shall not exceed the costs associated with the reception facilities for the individual vessel categories using the port.

The fee may be collected by the port operator on a per-call basis, or in the form of an annual fee, a seasonal fee or similar arrangement.

Pleasure craft authorized to carry no more than 12 persons and fishing vessels shall not be required to pay a fee when calling at a port, unless they are also required to pay port dues or other moorage charges. Where no fee is paid for port call, payment may be required for delivery of waste.

A surcharge may be imposed in cases referred to in Section 20-10 last paragraph.

§ 20-10. Calculation of the fee

The fee for oily waste shall be calculated on the basis of the ship's gross tonnage or the ship's external dimensions, in a manner equivalent to that applying to the ordinary port dues, and the number of days having elapsed since the previous port of delivery.

The fee for cargo residues shall be calculated on the basis of the type and quantity of residues delivered.

The fee for sewage delivery shall be calculated on the basis of the number of persons which the ship is authorized to carry, or the number of crew members, and the number of days having elapsed since the previous port of delivery.

The fee for garbage shall be calculated on the basis of the number of persons which the ship is authorized to carry, or the number of crew members, and the number of days having elapsed since the previous port of delivery.

The fee to be paid by ships in regular scheduled service and other ships having frequent port calls can be calculated separately, on the basis of e.g. the quantities of waste expected to be delivered by the ship in the port.

A surcharge may be imposed on ships which fail to comply with the compulsory notification referred to in Section 20-7, if the delivery involves extra costs to the port. A surcharge may also be imposed on ships delivering exceptionally large quantities of waste, in relation to the ship's size, type and sailing time. The surcharge shall be stipulated as a percentage.

§ 20-11. Reductions in or waiver of fees

The fee shall be reduced if the ship's environmental design, equipment or operation is such as to make a substantial contribution to:

a) reducing the quantity of waste delivered by the ship to the reception facilities, or
b) reducing the costs of treating or disposing of the ship's waste ashore (e.g. through sorting). The amount of the reduction of the fee shall be decided by the port operator.

Fees may be waived if:

a) waste from the ship is delivered regularly in another port, or
b) a waiver is justified by special considerations.

V. Final provisions

§ 20-12. Supervision

The Norwegian Maritime Directorate shall supervise ships' compliance with their duties under this Chapter, and may for that purpose issue orders to the shipmaster. The County Governor shall supervise ports' compliance with their duties under this Chapter, and may for that purpose issue orders to port operators.

§ 20-13. Exemptions

The Norwegian Maritime Directorate or the County Governor may, upon application, grant exemptions from the requirements of this Chapter. Such exemptions shall be justified by special considerations and must also be justifiable in terms of environmental protection and safety. Exemptions may be granted only when they do not contravene an international agreement which Norway has acceded to.

§ 20-14. Entry into force

This chapter shall enter into force for foreign ships at Svalbard and Jan Mayen from the date decided by the King.

Appendix I

Requirements for waste reception and handling plans in ports

Plans shall cover all types of ship-generated waste and cargo residues originating from ships normally visiting the port and shall be developed according to the size of the port and the types of ships calling at that port.

The following elements shall be addressed in the plans:

- an assessment of the need for port reception facilities, in the light of the need of the ships normally visiting the port,
- a descpription of the type and capacity of port reception facilities,
- a detailed description of the procedures for the reception and collection of ship-generated waste and cargo residues,
- a description of the charging system,
- procedures for reporting alleged inadequacies of port reception facilities,
- procedures for ongoing consultations with port users, waste contractors, terminal operators and other interested parties, and
- type and quantities of ship-generated waste and cargo residues received and handled.

In addition, the plans should include:

- a summary of legislation currently in force and formalities for delivery,
- identification of a person or persons to be responsible for the implementation of the plan,
- a description of the pre-treatment equipment and processes in the port, if any,
- a description of methods of recording actual use of the port reception facilities,
- a description of methods of recording amounts of ship-generated waste and cargo residues received, and
- a description of how the ship-generated waste and cargo residues are disposed of.

The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity is presumed if the procedures are in compliance with annex XX, para. 2 f, of the EEA Agreement (Council Regulation (EEC) no. 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme (EMAS)).

Information to be made available to all port users:

- brief reference to fundamental importance of proper delivery of ship-generated waste and cargo residues,
- location of port reception facilities applicable to each berth with diagram/map,
- list of ship-generated waste and cargo residues normally dealt with,
- list of contact points, the operators and the services offered,
- description of procedures for delivery,
- description of charging system, and
- procedures for reporting alleged inadequacies of port reception facilities.

Appendix II

INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO THE PORT OF ........................
(port of destination as referred to in Section 20-7)

  • Ship's name, call sign and, where appropriate, IMO identification number:
  • Flag state:
  • Estimated time of arrival (ETA):
  • Estimated time of departure (ETD):
  • Previous port of call:
  • Next port of call:
  • Last port and date when ship-generted waste was delivered:
  • Are you delivering all ? some ? none ? (Tick appropriate box) of your waste into port reception facilities?
  • Type and amount of waste and residues to be delivered and/or remain on board, and percentage of maximum storage capacity:

If delivering all waste, complete second column as appropriate.
If delivering some or no waste, complete all columns.
Type Waste to be delivered (m 3 ) Maximum dedicated storage capacity (m 3 ) Amount of waste retained on board (m 3 ) Port at which remaining waste will be delivered Estimated amount of waste to be generated between notification and next port of call (m 3 )
1. Waste oils
Sludge
Bilge water
Other (specify)
2. Garbage
Food waste
Plastic
Other
3. Sewage 1
4. Cargo-associated waste 2
(specify)
5. Cargo residues 1
(specify)
6. Waste sorting – waste reduction
(specify)
1 Discharge of sewage at sea may be performed in accordance with rule 11 in appendix IV to Marpol 73/78. If the intention is to perform a permitted discharge at sea, the boxes regarding sewage shall not be completed.
2 May be estimates.
Notes:
1. This information may be used for port state control and other inspection purposes.
2. This form is to be completed unless the ship is covered by an exemption in accordance with Section 20-7.
I confirm that
The above details are accurate and correct, and
There is sufficient dedicated onboard capacity to store all waste generated between notification and the next port at which waste will be delivered.
Date.............
Time...........
Signature................

Appendix III

Standardized requirements for reception of hazardous waste from ships

1. Purpose
The purpose of these standardized requirements for reception of hazardous waste from ships is to ensure environmentally sound operation of such hazardous waste reception facilities. The port operator is responsible for ensuring compliance with the requirements.

2. Description of port reception facilities for hazardous waste from ships
"Port reception facilities for hazardous waste from ships" refers to:

- staffed, fixed reception facilities for hazardous waste (delivery site or similar),
- unstaffed, fixed reception facilities for hazardous waste (recycling station or similar),
- mobile reception/collection of hazardous waste (collecting arrangement or similar),
- storage of hazardous waste.

2.1. Staffed, fixed reception facilities
Staffed, fixed reception facilities are facilities where ships may deliver hazardous waste in accordance with Chapter 11 of the regulation concerning the recycling and treatment of waste. Reception facilities may be combined with storage facilities for hazardous waste.

2.2 Unstaffed, fixed reception facilities
Unstaffed, fixed reception facilities, also referred to as recycling stations, are booths, containers etc. centrally located in the port area. Only hazardous waste from pleasure craft shall be received. Craft owners deposit waste in the reception facility themselves. Owing to the compulsory declaration only hazardous waste from pleasure craft can be received here.1

2.3 Mobile reception/collection
Mobile reception/collection means collection of waste in the port area from ships and fishing vessels visiting the port and required to deliver hazardous waste. This arrangement requires an agreement between the port operator and an authorized collector of hazardous waste.

2.4 Storage of hazardous waste
Storage of hazardous waste means the keeping of hazardous waste in storage until it is transported for recycling or disposal or sent to another facility approved by the Climate and Pollution Agency or the County Governor.

3. Categories of hazardous waste
A reception facility for hazardous waste from ships established in accordance with this Regulation and falling under the exemption clause of Chapter 11, Section 11-7, paragraph d, of the Regulation concerning the recycling and treatment of waste is permitted to receive the categories of hazardous waste defined in Section 11-4 of the Regulation concerning the recycling and treatment of waste.

4. Other categories of waste
Theses standardized requirements do not include reception of waste in the following ADR2 classes: Explosive substances (class 1) and radioactive materials (class 7) or substances having similar properties. The appropriate administrative authorities for such substances and materials are the Directorate for Civil Protection and Emergency Planning (DSB) and the Norwegian Radiation Protection Authority respectively. Infectious substances (class 6.2) are also not included in the standardized requirements of this Annex. Regulation of this category of waste is being developed by the Ministry of Agriculture, the Ministry of Health and the Ministry of Climate and Environment.

5. Responsibility
It is the entity responsible for a facility to which the exemption in Chapter 11, Section 11-7 paragraph d of the Regulation of 1 June 2004 No. 931 concerning the recycling and treatment of waste applies, which must ensure that the reception facility and its operation as a minimum satisfy the standardized requirements.

6. Precautionary measures against pollution – general requirements

6.1 Competence
Operators of reception facilities for hazardous waste and personnel handling hazardous waste are required to possess the necessary knowledge and competence relating to hazardous waste in order to ensure appropriate handling of the waste.

Plan for competence-building: The port operator shall have a plan for how competence is to be enhanced. The plan shall state that the persons working at the reception facility shall enhance their competence and familiarize themselves with current rules and norms and develop their competence regarding substances/waste which may be delivered to the reception facility. The plan for competence-building and knowledge enhancement shall be capable of being documented (e.g. in internal routines).

6.2 Preventive action
The port operator is required to take the necessary action to prevent pollution. Hazardous waste stored pending delivery/collection prior to treatment or other disposal shall be secured so that the hazardous waste does not cause effluent into the ground, sewage system or other recipient. Any spillage shall also be capable of being collected.

6.3 Waste handling
The handling of hazardous waste shall be such that no pollution occurs. Hazardous waste shall not be mixed with other waste. Collected spillage and/or water contaminated with hazardous waste shall be handled as hazardous waste.

6.4 Preparedness
The port operator shall ensure that the necessary preparedness to prevent, detect or terminate acute pollution is in place. Such obligatory preparedness includes the equipment to remove or limit the effect of pollution and the extent of the damage and inconvenience that may occur. Sufficient storage capacity and means of absorption and other necessary equipment, including personal protective equipment, shall be available at all times in order to be able to respond to hazardous waste spillage and leaks. Preparedness shall be reasonably proportionate to the probability of acute pollution and the extent of damage and inconvenience that may occur. Certain quantities of flammable goods require prior permission from the Directorate for Civil Protection and Emergency Planning (DSB).

6.5 Notification
Acute pollution or risk of acute pollution shall be notified in accordance with the Regulation concering notification of acute pollution or risk of acute pollution.

7. Requirements relating to reception facilities

7.1. Staffed, fixed reception facility
The reception facility shall be staffed during opening hours. Outside opening hours the hazardous waste shall be secured to prevent access by unauthorized persons. The operator of the facility is required to accept all the categories of hazardous waste referred to in paragraph 3. At least once per week the operator of the facility shall assess the need for collection and transportation to an approved storage or treatment facility.

The location of the facility shall take into account the inconvenience to neighbours and the risk of pollution in particularly vulnerable areas.

7.2 Unstaffed, fixed reception facility
The reception facility shall be locked. Information about the categories of hazardous waste that may be deposited at the facility shall be displayed. The facility is under no obligation to accept all categories of hazardous waste.

The reception facility shall have sufficient capacity. Measures shall be taken to prevent waste from being left outside the facility. At least once per week the operator of the reception scheme shall assess the need for collection.

The location of the facility shall take into account the inconvenience to neighbours and the risk of pollution in particularly vulnerable areas.

7.3 Mobile reception/collection
Anyone who collects hazardous waste from ships according to an agreement with the port operator shall have at his disposal ADR approved transport material. Use and maintenance shall be in accordance with applicable laws and regulations.

Waste received and collected shall be transported, within 24 hours, to a facility approved by the pollution control authorities. Special reference is made to the rules for road transport of dangerous goods (ADR) of the Directorate for Civil Protection and Emergency Planning.

7.4 Storage of hazardous waste
Up to 100 tons of hazardous waste may be stored. Hazardous waste may be stored for up to 6 months prior to onward transportation. Hazardous waste shall be stored as described above in paragraph 6 Precautionary measures against pollution. The storage facility shall be such as to permit appropriate inspection and handling. Hazardous waste shall be stored so that it can be easily moved, e.g. on pallets. Substances which, under the ADR rules, cannot be loaded together, shall be stored in segregated areas.

The location of the facility shall take into account the inconvenience to neighbours and the risk of pollution in particularly vulnerable areas.

8. Declaration
When receiving hazardous waste from ships, with the exception of pleasure craft, the port operator shall ensure that the owner of the waste has declared the hazardous waste. The owner of the waste is himself responsible for making a correct declaration. When receiving hazardous waste from pleasure craft the port operator shall ensure declaration of the waste. Hazardous waste from recreational craft shall be declared at the latest when the waste leaves the reception facility.

All declaration shall be made on a declaration form approved by the Climate and Pollution Agency. If a delivery consists of several categories of waste at least one declaration shall be made for every category of waste. A copy of all declaration forms shall be sent to the Climate and Pollution Agency, or whomever is designated by the Climate and Pollution Agency, no later than the 15th day of the following month, cf. Chapter 11 Section 11‑11 of the Regulation concerning the recycling and treatment of waste.

9. Records and reporting
The port operator shall keep records including all the necessary information about hazardous waste. The records shall contain information about the quantities and categories of hazardous waste, declaration numbers, the origin of the waste, etc. The records shall be easily available for inspection. They shall be kept available for at least 3 years.

The County Governor may order the port operator to send copies or summaries of all records to pollution control authorities or other public agencies.