CHAPTER 6 PREPARATION OF AN OPERATIONAL PLAN FOR …

CHAPTER 6 PPRREEPPAARRAATTIIOONN OOFF AANN OOPPEERRAATTIIOONNAALL PPLLAANN

FFOORR PPOORRTT WWAASSTTEE MMAANNAAGGEEMMEENNTT –– MMAASSTTEERRPPLLAANN

Final Report Port Waste Management in Thai Ports Project Chapter 6 Preparation of an Operational Plan for Port Waste Management - Masterplan

Marine Department/Eng/Env.division/E-Ch06-FR 6 - 1 EIA & Monitoring Section

CHAPTER 6 PREPARATION OF AN OPERATIONAL PLAN FOR

PORT WASTE MANAGEMENT–MASTERPLAN 6.1 INTRODUCTION

A Master plan on port waste management is prepared for all ports in Thailand,

especially the pilot ports, which it serve as a manual for all parties involved in any aspect of port waste management. The parties involved include both, the private and public sector for active waste management:

Private sector: • Waste contractors (handling and/or transportation and/or

intermediate storage)

• Terminal operators (if involved in port waste management plan)

• Waste treatment and disposal entities

Public sector:

• Central Government Administrators

• Local Government Administrators

• Inspectors and/or surveyors

• Port Authority / Port Administration

Waste processing entities and/or final waste disposal organisations can belong to both, the public or to the private sector. Information on port waste management will also have to be given to Ships' master and crew and/or ships' agent and/or owner.

The Operation manual which is intended to be distributed to all parties involved will provide them with information on:

• Actual legislation

• Procedures for the work to be performed

• Definition of responsibilities

• Requirements for documentation, as record books, standard forms, registration sheets, certificates

• Auditing and Monitoring plan

• Fee system. The Operation manual contains 3 parts of:

• Information for Port Users

• Information for Waste Contractor

• Information for Competent Authorities



The Plan covers the categories of wastes generated by ships visiting the ports as defined by MARPOL Annex I, II, IV and V. Also, the principles of the on-shore handling of ship-generated wastes will be addressed in the Plan. This Plan, however, cannot be a technical guide for treatment plant operation.

Control of Waste Flow : Special emphasis shall be laid on the "Cradle-to-Grave" principle, i.e. a tracking system by documentation, meaning that the flow of waste can be followed from the moment it enters the port to the treatment and/or final disposal of that material. This principle makes the waste stream transparent and controllable and ensures that port wastes are not mismanaged in a manner that will impact human health or the environment. Furthermore, it requires each person or institution involved to bear the responsibility of dealing with the waste in an environmentally sound way. 6.2 LAWS AND REGULATIONS

Laws and regulations relating to port waste management plan in Thailand

consist of: (1) Thai Laws and Regulations

• The Thai Navigation Act B.E. 2456 (1913)

• The Thai Vessel Act, B.E. 2481 (1938)

• The Customs Act, B.E. 2464 (1921)

• The Port Authority of Thailand Act, B.E. 2494 (1951)

• The Industrial Estate Authority Act, B.E. 2522 (1979)

• The Factory Act, B.E. 2535 (1992)

• The Hazardous Substance Act, B.E. 2535 (1992)

• The National Environment Promotion and Conservation, B.E. 2535 (1992)

• The Local Administrative Laws (there is many Acts)

(2) MARPOL 73/78 6.3 THE OPERATIONAL PLAN, METHODS OF COLLECTION,

TREATMENT AND DISPOSAL (MASTERPLAN) The process of port waste reception, handling and treatment can be segmented into four steps as schematically outlined in figure 6.3-1 below. Each step involves different parties carrying out clearly defined activities and functions and bearing specific responsibilities. Furthermore, each step is guided by an exchange of documentation which is of utmost importance for the continuous traceability and monitoring of the waste



flow. This cannot be overestimated as it is the only way to ensure that all wastes entering the port are handled, treated and disposed in an environmental sound way. In the following, the steps are described as detailed as appropriate. Additionally, background information is provided where deemed necessary for a better understanding, or for further information. This background information comprises also examples or forms from European ports where port waste management is meanwhile well-established. Recommendation:

It is recommended that on the long run the discharge of waste of the vessels

visiting the three Thai ports will be mandatory. That means that every ship calling at the port is obliged to dispose of all ship-generated wastes presently on board before leaving the port. This mandatory discharge possibly involves more bureaucracy than voluntary discharge, as a number of vessels will apply to be exempt from this regulation. Furthermore, a higher amount of vessel controls might be necessary, as these exemptions have to be verified. On the other hand, mandatory discharge – especially in combination with a “no-special” fee system – are the main tools to eliminate illegal waste discharges from ships as required by the global “International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)”. On the long run, Thailand should extend this system to all Thai ports and should strive to use its influence on the neighbouring countries to do the same.



Figure 6.3-1 Schematic Process of Waste Management, Handling and Treatment

Step One:Information /Notification

Step Two: Waste Transfer

Step Three:Waste

Treatment

Step Four: Final Disposal

Parties Involved

Vessel (Agent)

Port (e.g. Port Authority)

Relevant Authority

Notification of the Port

Information of the Vessel

Control / Verification of Vessel Data

Provision of Data

Vessel(Agent)

Waste Contractor / Transporter

Relevant Authority

Issuing of Licence, Controlof Performance

Discharge of Waste

Provision of Data

Treatment Facility

Relevant Authority

Waste Transport

Issuing of Licence, Control of

Performance

Provision of Data

Waste Transporter

Disposal Site

(e.g. landfill)

Relevant Authority

Waste Transport

Provision of Data

Issuing of Licence, Control of

Performance

Issuing of Licence, Control of Performance

Waste Transport

Flow of Waste and Information

.

Waste Notification



6.3.1 Step One: Notification / Information 6.3.1.1 Objectives for notification

The port knows prior to arrival of the vessel which types and amounts of waste will be discharged by the vessel. All users of the port are informed about the possibilities to discharge the waste, the routines of discharge operations, and details of the fee system. 6.3.1.2 Parties involved in notification

(1) The vessel as the waste generator (2) The waste contractor as the collector of the waste (in case that he is

contacted directly by the vessel) (3) The Port (e.g. Port Authority/Administration, Customs) providing all

relevant information to the vessel on port waste management (4) Marine Department (it is a department that will provide consent, one at a

time, to transfer waste from ships at the port) Recommendation: Marine Department should establish MARPOL section to respond in port waste management in Thai ports or modified the existing organization such as EIA & Monitoring Section, Environment Division Marine Safety and Environmental Bureau to respond in such duty. 6.3.1.3 Procedure for notification

The vessel calling at one of the selected ports submits a notification form by e-mail or fax to the Port Authority of Thailand (PAT), and Marine Department (in case of the Port of Bangkok and the Port Laem Chabang) and to the Industrial Estate Authority of Thailand (IEAT) (in case of the Port of Maptaphut) either directly or via the ship’s agent, including information on types and amount of waste the vessel will be discharging during its time alongside. This information must be given at least 24 hours in advance of arrival or as soon as the vessel leaves the last port if passage time is less than 24 hours. The vessel's data are verified by Marine Department, the Port with the vessel and agent before granting entry. The waste contractor will be informed either directly by the vessel, or by the Port.

Discussion: For ordering a waste collector, both ways are possible: either the vessel can

directly contact the waste collector, or the waste collector is informed via the port. Both ways may have their advantages:



(1) Direct contact between vessel and waste collector At present, the vessel directly contacts the waste collector if it wishes to

discharge. This system is already established and works satisfactorily. The vessels have the freedom to choose the service they know and they are content with. It has to be assured, however, that with implementing the port waste management plan all necessary data are delivered from the waste collector to the port.

(2) Port informs the waste collector The waste collector is informed by the port after the vessel has given

notification. This system works in many ports world-wide. The advantage of this system is that all data are already bundled in one place. It has to be assured, however, that the free competition between the waste collectors is not disturbed.

As a compromise, it can be lined out on the notification form whether the vessel wants to choose a certain waste collection service or not. This service will then be informed by the port. This is the case, for example, at the notification form of the Port of Hamburg (see Figure 6.3.1-1).

Recommendation: For the time being, it is recommended not to change the system and to give the

vessels the freedom to choose the waste collection entity. The waste collector has to submit all relevant data to the port. 6.3.1.4 Duties and Responsibilities:

(1) Responsibility of the Port: To provide information to all port users on

• Availability of reception facilities (which types of waste can be discharged)

• How to give notification

• Service offered

• Procedure of use of the reception facilities

• Fee system

Ports have a duty to set up schemes by which the necessary information can be delivered to the ship. This can be done by:

• Electronic form via a link at the port's website designed specifically to deal with the notification of all types of waste that the ships needs to discharge

• Paper form by sending the agent a leaflet or an information brochure



• Direct presentation of information brochure to the vessel’s master via the Pilot

• Information of the IMO.

Recommendation: As many vessels and agents obtain their information via the website of the

IMO it is recommended to inform the IMO as soon as possible about the availability of port waste reception facilities in order to be included in the IMO-list in which all world-wide existing waste reception facilities are described.

The list is published on the Internet, the site can be accessed as follows: http:/www.imo.org (select ’Quick links/Circulars/Reception Facilities).

(2) Responsibilities of the Port User (Vessel):

• To give notification to the port on type and amount of waste to be discharged

• To discharge all wastes (mandatory on the long run)

• To make the corresponding entries into the Garbage Record Book The vessel or the ship's agent will submit a notification form either

electronically or by fax to Marine Department and the port, whereby the vessel in general can also use its own notification form as long as the information on that form meets the requirements of the ports. All relevant waste information will be entered onto the form by the master or agent.

Information required includes:

• Name of the vessel and IMO Number

• Flag State of the vessel

• Estimated time of arrival ETA and estimated time of departure ETD

• Previous Port of Call and next Port of Call

• Last port where waste was discharged

If a vessel is delivering waste it must specify on the form the:

• Waste types to be discharged

• Quantity of waste to be discharged

• Vessel’s maximum waste storage capacity

• Quantity of waste retained on board [mandatory discharge??]

• Amount of waste generated between notification and next Port of Call



(3) Responsibilities of the relevant authorities in their function as controller and surveyor:

• To ensure compliance with MARPOL of the vessels calling at the port

• To verify the data notified by the vessel Details are given in the chapter “Enforcement and Control” below. 6.3.1.5 Enforcement and Control

Regulations in MARPOL 73/78 relating to Port State Control consist of Regulation 11 in Annex I, Regulation 16 in Annex II and Regulation 8 in Annex V. The main issue in those Regulations is “a ship when in a port of another party is subject to inspection by offers duly authorized by such Party concerning operational requirements, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures. The Party shall take such steps as will ensure that the ship shall not sail until the situation has been normal.

Article 5 of MARPOL convention explains that with respect to the ship of non-

Parties to the Convention, Parties shall apply the requirements of the present Convention as may be necessary to ensure that no more favourable treatment is given to such ships. A ship required to hold a certificate in accordance with the provisions of the regulations.

(1) Control of Documents The data given by the vessel or its agent are controlled and verified by

these inspections carried out on board. Furthermore, all MARPOL relevant certificates and documents are controlled. The most important documents to be controlled during MARPOL inspection are:

(1.1) Oil Record Book: All ships of 400 gross tons and above, and all oil tankers of 150 gross

tons and above have to maintain an Oil Record Book to record all relevant machinery space operations as well as all records from a cargo and/or bilge monitor. If sludge has been incinerated it must be recorded including the date and time of the incineration, the position of the ship and the amount of sludge. Oil Tankers of 150 gross tons and above have to carry an Oil Record Part II to record cargo and ballast operations. The entries in the Oil Record Book shall be made in English. All entries into the Oil Record Book are examined by MARPOL Inspectors or Surveyors of Port State Control regarding their correctness and plausibility. The Oil Record Book shall be preserved for a period of 3 years after the final entry is made.

(1.2) Garbage Record Book: Every ship of 400 tons gross tons and above and/or carrying 15 or

more persons on board which is engaged in voyages to ports or offshore terminals has to maintain a Garbage Record Book. In this Garbage Record Book each garbage discharge



operation and/or completed incineration must be recorded, including the date and time of the incineration or discharge, the position of the ship, a description of the garbage and the estimated amount of waste incinerated or discharged. The entries in the Garbage Record Book shall be in English. The Garbage Record Book shall be preserved for a period of 2 years after the last entry is made. All entries into the Garbage Record Book will be examined by MARPOL Inspectors or Inspectors of Port State Control regarding their correctness and plausibility.

(1.3) Waste Receipts:

The receipts from port waste reception facilities for discharged waste

(waste oil, chemical slop, sewage, garbage, cargo residues) serve as a proof for correct entries into the respective Record Book. The receipts are examined by the MARPOL Inspectors regarding their completeness and conformance with the Oil Record Book. Further MARPOL related documents to be controlled with regard to their validity are:

For MARPOL Annex I

• International Oil Pollution Prevention Certificate (IOPP)

• Oil Cargo Record Book (in case of an oil tanker)

For MARPOL Annex II:

• Certificate of Fitness and Procedures and Arrangement Manual for Chemical Carriers

• Certificate (Class) of chemical tanker ensuring that the tanks are suitable for the carriage of the nominated cargo

• Shipboard marine pollution emergency plan for noxious liquid substances

• Cargo Record Book

For MARPOL Annex IV:

• IMO Approval of sewage treatment plant

(2) Inspection of the Vessel: Periodically, or in the case that the examination of the ship’s documents

reveals serious discrepancies in evidence of compliance, a more thorough examination of the ship will be conducted. Examination includes:

For MARPOL Annex I:

• Oil-Water-Separator (OWS)

• Incinerator

• Piping system

• Bilge holding tank



• Sludge holding tank

• Equipment to control oil discharges from machinery space bilges and oil fuel tanks.

For MARPOL Annex II:

• Same as Annex I and including the regulations for Controls and operation of Noxious liquid substance

The revised MARPOL Annex II came into force as of 1st of January 2007.

Therefore, it has also to be checked whether all vessels have adopted their documents and arrangements to the new technical requirement and the new categorisation of chemicals.

NOTE: Inspection of chemical tankers is a very complicated task, and it requires a

lot of experience and an utmost understanding of Annex II of the MARPOL Convention, and of the lay-out and technical equipment of the tank vessel.

For MARPOL Annex IV:

• Check of approval of sewage treatment plant or a sewage comminuting and disinfecting system or a sewage holding tank1

• Check whether master or crew are familiar with essential shipboard procedures relating to the prevention of pollution by sewage.2

For MARPOL Annex V:

• Check of the garbage operation and management plan

• Check Garbage Record Book

• Inspection that the master or crew are not familiar with the garbage operation and management plan

• Check all equipment relating to garbage management

(3) Enforcement Actions The Authority will issue penalties if violations of MARPOL are observed.

Violation might be, for example, a failure to accurately maintain the Oil Record Book. An improperly kept Oil Record Book is a hint for a probable cause of an illegal oil discharge and can therefore be used as evidence against the ship.

Other offences would be ships which are not constructed, equipped or operated in accordance with MARPOL standards. The sanctions are depending on the seriousness of the deficiencies found. Sanctions can also include the detention of the

1 Required by the 2004 (April) Amendments to MARPOL Annex IV, Adoption: 1 April 2004, Entry into force: 1

August 2005 2 Required by the 2006 Amendments to MARPOL Annex IV, Adoption: March 2006, Entry into force: 1 August 2007



vessel in port and prohibition of sailing until the defects are rectified, or even rejection of entry into the port in case of multiple and very severe offences (so-called sub-standard vessels).

Further measures in case of severe offences comprise:

• Information of the next port of call

• Information of the IMO 6.3.1.6 Flow of Documentation

Document Flow

Notification Form: From the vessel (or agent) either directly to the waste contractor, or to Marine Department and the relevant authority/administration PAT or IEAT which forwards it to the waste contractor.

Copy of Notification Form:

Returned to the vessel (agent) as a confirmation for the ship that their waste information has been given in due time in advance of arrival.

Copy of Notification Form:

From the port PAT or IEAT to the Marine Department as the overall responsible Authority

Survey Protocol (in case of vessel inspection)

From the Surveyor to the ship From the Surveyor to the relevant Authority (Marine Department) From the Surveyor to the next Port of Call (in case of deficiencies, etc.)

6.3.2 Step Two: Waste Transfer 6.3.2.1 Objectives for waste transfer

The waste is discharged in conformance with all legal and environmental requirements from the vessel and received by a waste collector, and then transferred to either.

• An intermediate storage, or

• A treatment facility, or

• A disposal site. 6.3.2.2 Parties involved with waste transfer

• The vessel as waste generator

• The waste collector

• The relevant authorities (In the port areas, PAT and IEAT are in charge in control for waste transfer and for outside the port,



there are Industrial Work Department, Ministry of Transportation and Local administrative organization) in their function as controller and surveyor. However, Marine Department has a responsible to supervise these performances.

6.3.2.3 Procedure for waste transfer

After notification of the vessel (or its agent)

• either to the Port

• or the waste collector directly

On types and amounts of waste to be discharged, the waste contractor takes over the waste and provides the vessel with a receipt stating quantities and qualities of wastes received. A copy of the receipt is given to the relevant authorities such as Port authority and Custom Department etc.

The waste contractor delivers the waste to either an approved intermediate storage, or an adequate treatment facility, or to a disposal site and receives the appropriate receipt. A copy of the receipt is sent to the relevant authority. Records have to be kept from all waste transfers, from delivery as well as from the waste reception. Sampling of waste:

(1) During oil collection, a sample is taken from every waste oil delivery in

order to ensure that no chemicals are mixed illegally e.g. with the bilge water. As these chemicals cause problems to the waste oil treatment process, the samples are kept as long as the treatment process lasts and will be analysed in the case that problems are arising during the oil treatment process, in order to find the causer.

Currently the sampling is a critical part for customs clearance and import duty exemption (Tariff classification 2710.91, 2710.99, 3825.50, and 3825.90). This is time consuming and contravenes the “undue delay of ships” as required by MARPOL. (2) During garbage collection, it has to be checked, that no hazardous wastes are mixed with the garbage.

NOTE: MARPOL 73/78 requires that pumping of waste oil is generally carried out by

the vessel. Therefore, the vessels have to be equipped with adequate pumps of which the pumping capacity should not be less than 5 m3/hour. The connection between the ship’s waste oil discharge hoses and the receiving facility has been standardised worldwide (the so-called “MARPOL connection”). The flanges of the vessel’s discharge hoses need to be according to the MARPOL requirements (MARPOL Annex I, Regulation 19) 215 mm (8 1/2“) in diameter in order to enable pipes of all reception facilities to be connected with the vessel’s discharge pipelines. Further technical requirements and standards of the connections are listed in Table 6.3.2-1 below.



Table 6.3.2-1

Technical requirements and standards of the connections

Source: Marine Safety Agency MSA, Merchant Shipping Notice No. 1643/MARPOL I, Notice to Shipowners, Masters, Certifying Authorities and Surveyors 6.3.2.4 Level and Service Pattern

MARPOL requires that ports provide facilities for the reception of waste. How the collection of waste is carried out, and in how far the follow-up service (treatment and disposal) shall be performed inside the port area cannot be regulated by MARPOL as it depends on factors like space availability, already existing reception infrastructure or availability of treatment facilities in the vicinity of to the port, size of the port, etc.

Below, a variety of established service patterns are listed and discussed. (1) Reception of Waste Oil (Annex I):

Waste oil can be received (a) either from land-side by tank truck, or (b)

from the waterside by a collection barge. As a third possibility, the vessels can (c) directly discharge the waste oil to a stationary reception / treatment plant.

Which of these options is the best depends on

• Size of the port

• Lay-out of the port

• Additional service offered in the port



• Number of vessels discharging

• Availability of waste oil treatment plant in the port.

(1.1) Collection by truck For small ports with a low number of oil discharges, collection by

tank trucks is a suitable option, presumed that all vessels can be reached from the land-side. Shipyards and ship repair facilities are usually serviced by tank trucks.

Advantages of tank trucks:

• Highly flexible, trucks can react on short notice

• Less expensive than a barge, they require less personnel, and can they are able to drive directly to the treatment facility for unloading.

Disadvantages of tank trucks:

• Small capacity

• Truck traffic on the terminal might interfere with the vessel’s loading or unloading activities

• Not all berths might be accessible by truck. (1.2) Collection by barge

In bigger ports with a high number of vessels discharging waste oil it

is in general more common to use oil collection barges.

Advantage of collection barge:

• High capacity, a barge can collect large quantities of waste oil before being emptied

• By receiving the waste oil from the waterside, no interference with any cargo operations

• Due to the size, the barge can collect other types of waste concurrently to waste oil reception (e.g. garbage), performing the so-called “packaged disposal”.

The use of a collection barge is most favourable if the waste oil

treatment facility is located at the waterfront; otherwise collection by barge involves double handling of the product.

Disadvantages of collection by barge:

• Barges require berthing space

• They are expensive and require more manpower than tank trucks



• Oil handling by barge involves a higher risk of spillages to the water; therefore barges need to be equipped with oil spill response equipment.

• Use of barges involves double handling of the waste oil unless the treatment facility is located at the waterfront.

(1.3) Direct Discharge

It is only possible for a vessel to discharge waste oil directly to the

treatment facility if the treatment facility is located directly at the waterfront and has sufficient water depth to berth the vessel. In the Port of Hamburg, for example, the conditions for direct discharge are given, but they are hardly ever used, as the shift of berth is not desired by vessels.

Advantage of direct discharge:

• Saving of costs as no intermediate means of transport is involved

Disadvantages of direct discharge:

• The vessel has to shift berth, this additional port time is involved with higher costs for the vessel (time) than the use of a collection barge.

(2) Reception of Noxious Liquid Substances (Annex II):

Annex II waste is defined as noxious liquid substance or any other mixture

which contains residues of any noxious liquid substance. These wastes usually result from tank cleaning activities of chemical carriers. Tank cleaning is necessary in case of a change of product in order to remove the last deposits to prevent contamination of the next cargo.

More than 250 different chemicals have been evaluated and are listed in Annex II of MARPOL. Disposal of these substances is primarily allowed in port waste reception facilities only. It is of utmost importance to ensure that Annex II wastes are not mixed as this might lead to unintended and possibly dangerous chemical reactions.

Washings from chemical tankers are generally received by waste contractors approved and licensed with the necessary permits for the collection of poisonous waste products. Usually the waste is removed by tank trucks and delivered to a treatment facility or, in case of high toxicity, to a special incinerator. Depending on the product, this can be very costly.

It is common practice in most European ports and even agreed upon in Regional Commissions3 that the reception of noxious liquid substances lies in the responsibility of the consignee at the unloading port as they have the required knowledge

3 Helsinki Commission HELCOM, Maritime Group Third Meeting, Copenhagen, Denmark, 26-28 October

2004



to handle these substances. Arrangements are in general made directly with the waste contractor through the ships’ agents.

Waste disposal of noxious liquid chemicals is often a complicated, dangerous and expensive task. Therefore, the shipping industry is striving towards keeping the amount of these wastes as low as possible. One measure is not to change the product the tankers are carrying. This practice reduces the need to wash the tanks. A further reason of the tankers for not changing the product is that the tanks of a chemical tanker are constructed of special materials designed to carry certain products only. Ship technology and tank design have been improved which means that stripping of tanks has also improved to the extent that only small amounts of residues are left in tanks after unloading.

Recommendation: It is recommended for the Thai ports also that the responsibility of handling wastes containing noxious liquid substances should be borne by the receiving chemical industry. Strict survey by the Marine Department is necessary in order to ensure that the discharge of noxious liquid waste is in accordance with the legal requirements. Illegal tank washings at sea should be controlled by contacting and informing the loading port or next port of call of the vessel. In ports (e.g. IEAT), where toxic or dangerous liquid chemical wastes (Category X) are handled, contingency plans have to be elaborated and response equipment has to in place. Chemical spills have to be reported to the relevant authority.

The new requirements for tank stripping according to the revised MARPOL Annex II are listed below:

Table 6.3.2-2

New requirements for tank stripping according to the revised MARPOL Annex II Source: http://www.eagle.org/regulatory/newsroom.html#abs.



(3) Reception of Sewage (Annex IV) Ships having installed an approved sewage treatment plant are allowed to

discharge the treated sewage at sea at a distance of more than three nautical miles (nm) from the nearest land. For untreated sewage, the distance to nearest land has to be at least 12 nm before the vessel is allowed to discharge at sea. Due to this regulation, the amounts of sewage discharged in ports are in general low.

In ports, the service for sewage reception is usually provided by tank

trucks / vacuum trucks or by barge. At berths with a high frequency of passenger vessels like ferries or cruise ships, direct discharge is the best option as these vessels produce a high volume of sewage. These berths should be equipped with fixed connections to the municipal sewage system. (4) Reception of Garbage (Annex V)

Vessel-generated garbage is either received (a) by barge, reception is

carried out together with waste oil discharge, or (b) collected by trucks, or (c) placed directly into bins or waste containers provided by the port at fixed locations on the terminal. Each method has its advantages but also its draw-backs. (4.1) Garbage collection by barge

While receiving waste oil by barge, garbage can be collected too,

presumed that the collector is licensed for garbage collection. It is common practice that either empty bins, or garbage containers or “big bags” are lifted on board of the vessel which are filled and then returned. Collection by barge is a good option, as there is:

• No interference of waste handling with cargo operation on the berth

• No loss of time for the vessel as garbage discharge is carried out simultaneously with oil discharge

• Waste composition and volume can be controlled and calculated by collector (e.g. for charging according to quantity, or for keeping statistics).

From the barge, the waste has to be unloaded and is then taken over

by municipal garbage collection companies.

• Disadvantage: garbage collection by barge involves double handling of the waste.

(4.2) Garbage collection by truck

Garbage contractors deliver bins, containers or “big bags” by truck to

the vessels which are filled and then returned. The truck delivers the garbage directly to the treatment or disposal facility.



Advantages:

• No double handling of waste

• High flexibility of trucks

• Waste composition and volume can be controlled and calculated by collector (e.g. for charging according to quantity, or for keeping statistics).

Disadvantages:

• Possible interference of truck traffic with cargo operations

• Not all vessels might be reached by truck

(4.3) Direct discharge Containers or bins are provided at or near the terminals. Ships’ crews

are expected to use the appropriate bins. The containers are emptied on a regular basis by the waste contractor. The waste is directly delivered to the treatment or disposal facility.

Advantages:

• Waste can be discharged at any time, there is no need that the waste contractor is present during discharging

• Trucks can choose the time for waste collection, no interference with terminal operations.

Disadvantages:

• Waste composition cannot be controlled by the contractor; it is possible that hazardous waste or residues of hazardous substances or chemicals are mixed with the normal garbage in these containers.

• Containers require space on the terminal

• In cannot be assured that the ships’ crews keep the waste collection area tidy

• Waste containers might attract rats or other vermin. (5) Hazardous (Special) Waste

Some wastes from ships cannot be treated as ordinary garbage and have

special handling requirements. Therefore, some level of waste stream separation or segregation is required on board. Vessels have to be informed about this in advance. Oily garbage and solids, for example, should be separated from general garbage and arrangements must be made with licensed waste contractors for collection.



Hazardous or special waste includes:

• Electrical equipment (televisions, monitors, telephones, etc.)

• Fluorescent lamps

• Paints tins & Paints (even if empty and/or where contents are dry)

• Dry cell batteries (small AA, mobile phone, etc.)

• Lead acid batteries

• Drums that contain oil or oily residues

• Oil contaminated material

• Aerosols

• Solvents

• Asbestos

• Acids and other hazardous material, e.g. pyrotechnics and clinical waste.

(6) Cargo-Associated Waste

Cargo-associated waste such as dunnage, packaging and strapping, is dealt

with under the same arrangements as for garbage.

If cargo residues contain harmful or toxic substances or a pollutant, special arrangements have to be made with the port according to the properties of the cargo. In this case, the waste collectors have to be qualified and licensed for the collection of such wastes. 6.3.2.5 Duties and Responsibilities:

(1) Responsibilities of the Waste Contractors:

• To have an authorisation and approval by the relevant authority to operate in the port

• To take over all vessel-generated waste as defined by the Annexes of MARPOL 73/78

• To hold a valid licence issued by the relevant Authority covering the performance of the activities, e.g. a proof of registration as a waste carrier, licence for waste handling and/or handling of dangerous goods (oil, chemicals)

• To adequately mark and label the waste, especially in case of waste oil, chemicals or hazardous waste from garbage collection

• To bring the waste to an adequate treatment or disposal site



• To deliver the documents / receipts to the vessel on quantities and type of waste received.

• To take over documents / receipts from intermediate storage, treatment or disposal site on quantities and qualities of waste delivered

• To collect all documents for a paperwork tracking system

In case of handling of waste as categorised by MARPOL Annex I and II (oil and chemicals), the waste contractor furthermore has the duty.

• To prepare a contingency plan for incidents and/or accidents during waste handling

• To provide response equipment to prevent pollution at Tier 1 level (e.g. absorbing materials, harbour booms).

Recommendation:

For Thailand, the qualification of the waste contractor should be as follows:

1) has a permit from Industrial Works Department as a factory in Class 101 “Central waste treatment plant”

2) appointed as an agency of a factory in Class 101 3) has a permit from Industrial Works Department as a factory in

Class 106 “Waste recycle plant” 4) has a manifest system 5) has an authorisation and approval by Marine Department 6) In case that the waste contractor has not transported the waste by

itself, the waste transporters must be under the Notification on transportation of the hazardous waste on Land, B.E. 2545

(2) Responsibilities of the Relevant Authorities such as Port administrative, Marine Department and Industrial work Department

• To check validity of all necessary licences of the waste contractors

• To (periodically) check procedures for collection and disposal of the categories of waste handled by the contractor

• To receive and collect all relevant documents

• To prepare a database to control completeness of the flow of documentation and for onward statistical purpose.



6.3.2.6 Flow of Documentation

Table 6.3.2-3 Flow of documentation on ship waste management system

Activity Documents

Waste transfer from vessel to waste contractor:

Receipt given to the vessel

the contractor give to the vessel

for proofing the entry into the Garbage record Book and / or the Oil Record Book

as a prove to MARPOL / Port State Control Officers

Copy of receipt given to the relevant authorities

the contractor give to the relevant authorities

for waste tracking

for statistics

Note: Documents to Customs Department for customs clearance and duty exempted has to be added.

Waste transport to intermediate storage or treatment facility or disposal site:

Waste transfer data (receipt) have to be provided at each transfer point

the sub contractor give to the contractor

for waste tracking purposes

for statistical analysis

Note: Documents to Customs Department for customs clearance and duty exempted has to be added.

6.3.3 Step Three: Waste Treatment

In general, the treatment of the collected waste is beyond the scope of the port. It has to be ensured by the port that the treatment is carried out by approved and licensed companies. As waste oil treatment is often carried out directly in the port, it will be described below. 6.3.3.1 Objectives for waste treatment

Vessel-generated waste is treated in order to (1) Reuse valuable fractions of the waste (2) Recycle valuable fractions of the waste for the use as “secondary raw material” (3) Turn harmful waste component into substances or material which does not

pose any harm to human health or to the environment.



6.3.3.2 Procedure for waste treatment

The procedure for the treatment of waste depends of course primarily on the type of waste as defined by Annex I, II, IV and V of the MARPOL Convention. (1) Treatment of Waste Oil (Annex I)

There are two main options for the use of oily waste:

• Treatment and re-use as fuel (e.g. for vessels), or

• Combustion, direct use as a fuel for very robust high-temperature incinerators (e.g. power generation, cement manufacturing)

(2) Treatment of Noxious liquid substances (Annex II)

Wastes containing noxious liquid substances are in general treated by the

chemical industry or by specialised treatment facilities comprising of sufficient measures and technologies to deal with these products (e.g. high temperature incinerators). It has to be assured that all emissions, effluents and treated solid residues meet the limits required by law. The treatment company is required to monitor emissions, effluents and treated solid residues on a regular basis, and the monitoring results should be accessible by the relevant authority.

(3) Treatment of Sewage (Annex IV) Sewage is treated according to National standards in the closest municipal

wastewater treatment facility. Special care has to be taken during transport of the collected sewage to the facility that all hygienic and health requirements are observed.

(4) Treatment of Garbage (Annex V) Treatment of garbage primarily means recycling. This enables to use the

waste as a “secondary raw material” which considerably reduces the amount of waste and the need for final disposal. Precondition for recycling is sorting. Several ports in Scandinavia (e.g. the Port of Stockholm, Sweden, the Port of Helsinki, Finland) give incentives (reduced harbour dues) to vessels which are discharging sorted wastes for easier recycling. As vessel-generated waste might contain food waste originating from other areas of the world, special hygienic precautions have to be met and special legal requirements e.g. on health and hygiene have to be observed. In the Port of Bremen, Germany, for example it is not allowed that food packaging waste from outside the European Union containing food residues is recycled. This waste has to be incinerated4.

4 verbal communication: Harbour Master of the Port of Bremen, Capt. May



6.3.4 Step Four: Final Disposal 6.3.4.1 Objectives for final disposal

Vessel-generated wastes which cannot be recycled, or fractions of waste which

cannot be further treated, are finally disposed of in a way which has the least possible impact on human health and the environment. 6.3.4.2 Procedure for final disposal

For those wastes which are neither recycled nor further treated, the most common disposal methods are landfill or incineration.

Disposing of waste in a landfill is one of the most traditional method of waste

disposal, and it remains a common practice in most countries. Landfills can, however, create a number of adverse environmental impacts such as wind-blown litter, attraction of vermin, and generation of toxic leachate when rain percolates through the waste. The leachate can pollute groundwater and surface water. Another by-product of landfills is landfill gas (mostly composed of methane and carbon dioxide, both are “greenhouse gases” contributing to global warming), which is produced as organic waste is decomposed anaerobically.

Waste incineration in combination with reverting waste to heat and energy (“thermal use of waste”) is well-established practice in many countries in Europe, but also in Japan and China, and should be preferred to landfill. In Germany, landfill of untreated (not recycled and not incinerated) waste is forbidden since the enforcement of the German Landfill Ordinance on June 1, 2005. Incineration has particularly strong benefits for the treatment of certain waste types such as clinical wastes and certain hazardous wastes where pathogens and toxins must be destroyed by high temperatures.

On the other hand, incineration has a number of outputs such as ashes, and the

emission of combustion product gases and particulate matter to the atmosphere. The most dangerous output involves emissions of dioxin and furan which are serious health hazards. In order to prevent these emissions, incinerators haveto be equipped with modern gas cleaning technologies and advanced emission control systems which make incineration expensive. Incineration ashes (bottom ash and fly ash trapped in the filter system) are highly toxic and have to be disposed of in a landfill.



6.4 OWNERSHIP AND CONTRACTUAL FRAMEWORK

In many of the major European commercial ports, waste collection services and treatment are provided in form of a co-operation between the private and public sector. Waste collection is mainly performed by private contractors. The port has to ensure that a contractor is available and operates within the environment and safety requirements given by law.

Treatment of waste, however, has traditionally been in the responsible of the public sector. In a number of European countries the waste management market is currently going through a phase of ownership restructuring. In Germany, several public waste treatment plants have either been brought into public-private partnerships (state ownership of the facility, and its operation by a private company) or replaced with private facilities. Companies which were active in waste collection only are now expanding also into waste treatment. Below, some examples are given of how port waste handling and management may vary in their implementation:

• Public ownership and operation of all required equipment and facilities

• Public ownership and operation of collection equipment and contract for private operation of publicly owned transfer, processing (recycling/composting, incineration or waste-to-energy processing) facilities and/or disposal (landfill) facilities

• Public ownership and operation of collection equipment and contract for use of privately owned and operated transfer, processing facilities and/or disposal facilities

• Private ownership and operation of all required equipment and facilities through service contract with the public sector

• Private ownership and operations of all required equipment and facilities through direct contracts between the waste generator (ship) and the private waste collector/transfer company

Under all of these options it has to be ensured by law and control that the environment and public health are protected. The issue of private vs. public ownership of waste treatment and disposal facilities is debated controversially. Usually, waste treatment and disposal facilities require too much financial input for a private investor. This might entail that, if a waste treatment or disposal facility is privately owned, the owner has a strong incentive (money) to take as much garbage as possible and he might have little or no interest in monitoring the incoming waste. Therefore, if possible, there is a strong commitment to public ownership of a waste treatment and disposal facility to assure the feasibility and marketability of waste treatment / disposal. For waste reception and transport, however, the advantage of employing a private and already existing company familiar with the sector is that it may provide the most cost-effective way to obtain the necessary equipment, trained personnel as well as knowledge and experience in handling waste. Such an existing reception and/or transport



entity could easily be brought into a licensing system, which binds it to compliance with the standards and regulations set by the relevant authorities.

Recommendation: For starting the Port Waste Management, the existing ways of discharge should

be retained and further extended. The collection and treatment companies should be entirely controlled with regard to their conformance with the legal requirements. Furthermore, the companies should be obliged to adapt to the required documentation system within a certain transition time. For this study, Port authorities at Laem Chabang Port and Maptaphut Port have the future plan for installation of oily waste treatment plant at the port by supporting the private companies as the investor and operator. Currently, the private companies are the garbage collectors at the pilot ports area and there are the contracts for hiring between the ports and the garbage collectors. Therefore, the Consultants propose two of the contractual frameworks consisting of 1) Investment contract for oily waste treatment plant installation and 2) Contract of concessionaire for garbage collection. (1) Draft of investment contract for oily waste treatment plant installation (1.1) General Installation of the oily waste treatment facility has to have the economic investment and effective operation (collection and treatment). For the treatment facility operation, it should be the systematic operation and agreeing to the environmental standard. According to reduce the budget of the port, providing the oily waste treatment facility and its operation should be carried out by the private sector and it may service for waste collection and waste transfer to the treatment facility as well. For investment of oily waste treatment facility, the private sector should be supported as the investor and operator with a specified period of time after that the ownership of the facility will be transferred to the Port authority. In the same time, the port authority prepares for the installation area and establishes the port regulations for effective port waste operation and feasible investment. (1.2) Installation of oily waste reception facilities and its treatment plant Investment cost for oily waste reception facilities and its treatment plant at Leam Chabang Port and Maptaphut Port are 24.0 million baht and 14.9 million baht, respectively. The framework of the investment contract consists of: 1) Details of reception facilities including treatment facility and waste collection facilities 2) Duty and responsibility of port authority (PAT or IEAT) such as



- Providing the installation area

- Giving the operating right on port waste management to the investor in the specific contract time which is feasible in financial and economic analysis

- Establishing the port regulation convenient for port waste management and operation of the investor

- Monitoring the operation of the investor in both during construction period and operation period and controlling its operation to comply with the port waste management plan

- After the contract time is expired, the Port authority is able to renew the contract with the previous investor

3) Duty and responsibility of the investor

- Responsible for the capital budget for the facility construction

- Constructing and installing the collection and treatment facilities

- Developing the administrative and operation plan including the service fee collection plan and submitting it to the Port authority for approval

- After the contract time is expired, all instruments must be maintained and fixed before transferred to the Port authority

4) Contract conditions

- To be feasible for construction, operation, investment and the service fee collection, the contract condition should include:

- The investor qualification consisting of available permission from the Industrial Works Department for factory class 101 or 106, approval name list by the Marine Department, and available the manifest system

- Drawing of all facilities and the operation plan shall be approved by the Port authority

- The Port authority should have the role for supervision for construction.

- The plan for providing the capital budget and income from the service fee

- Payment plan for rent of the facility installation area

- Time schedule, procedure for transferring the facilities to the Port authority

- Reporting the overall operation to the Port authority



(2) Draft of the hiring contract for garbage collection and disposal (2.1) General Currently, the pilot ports have the garbage collection contractors which are either the private sector or the local municipal. Their operation processes are under the national environmental standard monitoring by the Pollution Control Department. To effective use of the available garbage disposal system such as the land fill of municipality, the existing management procedure is recommended. (2.2) Framework of the hiring contract To be the guideline of any ports in Thailand for hiring contractor for garbage collection and disposal, the contract should include:

1) Scope of work such as the garbage collection, storage area, disposal area, the collection and operation plan, and the procedure for collection, treatment and disposal

2) Duty and responsibility of the Port authority such as

- Able to set the suitable condition of the contract such as the Port authority is able to investigate and monitoring the contractor operation (collection, treatment, and disposal)

- Setting the service fee rate 3) Duty and responsibility of the contractor such as - Complete the work as stated in the contract conditions

(2.3) Contract conditions

The Port authority has a power for negotiating in the contract conditions, especially in the issues of:

- Contractor qualification such as Contractor shall register as a juristic person, has experience on garbage collection, and has a certificate or an evidence of the certain treatment and/or disposal area.

- Procedure on garbage collection and management

- Collection time schedule, reporting and operation monitoring

- Conditions on damage, penalty and contract cancel (3) Draft of the hiring contract for garbage collection and disposal (3.1) General The Port Authority may have the policy on selection of the waste collector who is able to manage both of oily waste and garbage to reduce the



complicating coordination between the Port Authority and the waste collector and to easily manage the waste management fee. For the oily waste management, the investment of oily waste reception facilities and disposal process should be included in the draft while for garbage, the draft may present the collection and disposal processes under environmental standard. (3.2) Details of the draft of the hiring contract for garbage collection and disposal 1) Scope of the responsibility

- For example, providing the investor for collection of oily waste and garbage, treatment system of oily waste, and the disposal system for oily waste and garbage.

2) Duty and responsibility of port authority (PAT or IEAT) such as

- Providing the installation area

- Giving the operating right on port waste management to the investor in the specific contract time which is feasible in financial and economic analysis (such as 10-20 years)

- Establishing the port regulation convenient for port waste management and operation of the investor

- Monitoring the operation of the investor in both during construction period and operation period and controlling its operation to comply with the port waste management plan

- After the contract time is expired, the Port authority is able to renew the contract with the previous investor

- Approve the suitable service fee rate 3) Duty and responsibility of the contractor such as

- Responsible for the capital budget for the facility construction

- Constructing and installing the collection and treatment facilities

- Developing the administrative and operation plan including the service fee collection plan and submitting it to the Port authority for approval

- After the contract time is expired, all instruments must be maintained and fixed before transferred to the Port authority

- Complete the work as stated in the contract conditions (3.3) Contract conditions The condition should cover the below items to reach the suitable construction, management, investment, fee collection and so on. The conditions includes as follows:



- Qualification of the contractor for oily waste and garbage management:

* has a license from the Industrial works Department as Class 101 and/or 106, in the name list of Marin Department, and has manifest system.

* has a license from local administrative for garbage collection or has a license from the Industrial works Department as Class 105

* has a license or document/receipt from oily waste and garbage disposal agencies

- Drawing of all facilities and the operation plan shall be approved by the Port authority

- The Port authority should have the role for supervision for construction.

- The plan for providing the capital budget and income from the service fee

- Payment plan for rent of the facility installation area

- Time schedule, procedure for transferring the facilities to the Port authority

- Reporting the overall operation to the Port authority 6.5 PRINCIPLES FOR FEE ESTABLISHMENT

Any system for the disposal of waste from ships has to be financed. There are different financing schemes and systems presently in practise; however, they should reach one and the same aim:

• Fees should cover the costs of waste discharge

• Fees should be fair and transparent for the shipping industry

• Fees should not be so high to encourage the ship to illegally discharge at sea.

Ships have the right and the duty to discharge their waste in a port. Ports have

the task to provide for reception facilities. The following cost allocation between port and ship is meanwhile generally accepted:

• Costs for discharging operation accruing on board of the ship are operational costs of the ships (manpower, energy, installation of MARPOL discharge connection, etc.)

• Costs for the reception and processing of waste on land are caused by the operation of ships and shall be borne by them.

• Investment costs for the provision of the reception facilities are costs of the port, unless they can be passed on to the operators of the facility and to the ships.



• Administrative costs of the waste disposal system, including inspection and control, are met by the relevant authorities.

(1) The financing schemes are:

(1.1) The Polluter Pays Principle

Any discharging ship has to pay for the costs of the reception and treatment of its waste when it is discharging.

Advantages:

• All ships are treated equally and without discrimination, thereby this system does not distort competition between ships or ports.

• As the ships have to pay for exactly what they discharge, there is a great incentive to produce less waste by installing advanced technologies, by better maintenance of engines, by using less fuel, by producing less waste on board, etc.

• Ships have the freedom to choose port and time of discharge.

Disadvantages:

• This system might encourage illegal discharging into the sea in order to avoid the fee for discharging in the next port of call.

• A strict control system in the port and between the ports of call is necessary.

(1.2) “No-special fee” System

The costs for reception and treatment of waste are incorporated to

100 percent in the general harbour dues which all ships pay, regardless of whether they make use of the reception facilities or not. A “No-special fee” system is in place e.g. in the ports of the Baltic Sea.

Advantages:

• As vessels have to pay for the waste discharge, irrespectively whether they use the reception facility or not, there is no substantial reason for ships choosing to dump at sea.

Disadvantages:

• As ships have to pay regardless of the amount they discharge, there are no incentives for innovative and advanced technologies to reduce waste.

• Vessels on short hauls which are calling at numerous ports are disadvantaged compared to vessels arriving after a long haul, as they also have to pay for waste reception on each arrival even



though there might be no need to discharge. For these vessels on short haul, a system for exception has to be installed.

(1.3) Fees are partly included in the harbour dues

The European Union has formulated in its Directive on Port

Reception Facilities (Directive 2000/59/EC) that each vessel must contribute “significantly” to the cost of port waste reception facilities for ship-generated waste, irrespective of the use. “Significantly” means in this case that at least 30 % of the costs for waste discharge and treatment are already included in the harbour dues. If a vessel discharges its waste, the surplus costs are charged.

The EU Directive leaves it up to the ports to include more than these

above mentioned 30 % in their harbour dues.

Advantages:

• As parts of the waste fee are already paid, there are high incentives for the vessels to discharge in the port

• As not all vessels discharge in the port, the mandatory fees can be used to reduce the costs of those vessels which discharge.

Disadvantages:

• The incentives for discharging on land might not be high enough to prevent illegal discharges at sea.

• The fee system might not be transparent and comprehensible for the ship.

(1.4) “Free of Charge” principle

The disposal of waste in the port is free of charge for the ship, the

expenses for the reception and the treatment of the waste are covered by subsidies given by the governments and/or ports concerned. This principle, which has been practiced in the Port of Hamburg from 1988 to 1993, is against the meanwhile generally accepted opinion that the costs should be borne by the shipping industry as the waste producer (see above).

Advantages:

• There are no incentives for illegal discharges

Disadvantages:

• The government has to pay for a pollution generated by the shipping industry, the shipping community thereby transfers the operational costs of the ships to the tax payers.

• Possible distortion of competition between ports: free of charge principle might attract ships to the port where they can save disposal costs



• Might lead to “waste imports”, as wastes that otherwise should have been discharged to reception facilities in other countries are discharged in the “free-of-charge” port

• No incentives for innovative and advanced technologies to reduce waste.

(2) Discussion: From an environmental point of view, the “no-special-fee” system is the

most effective system. It should be in connection with mandatory discharge. However, it has to be considered that a part of vessels calling at the port are on short haul only, and that new vessels on long hauls have sufficient storage space for waste available for a trip of two or even three months. These vessels might claim to be exempted from the regulation, and this requires strict controls by the ports.

(3) Exemptions: A number of exemptions to the “no-special-fee” systems are generally

given, for example for:

• Fishing vessels or recreational craft authorised to carry, or which normally carry, no more than 12 passengers

• Ships engaged in scheduled traffic with frequent and regular port calls

• Ships with sufficient waste storage capacity, where there is sufficient evidence of an arrangement which ensures the delivery of ship-generated waste and the payment of charges in a port along the ship's route.

All these reasons for exemption, of course, have to be checked and verified

by the port of call.

Recommendation: A “No-special fee” system is recommended for Thai ports by the Consultants.

The system should be implemented for wastes according to MARPOL Annex I, and V, because this system removes any cost incentive for the vessel to illegally discharge the waste at sea. This system is well-established e.g. in the whole Baltic Sea area. The height of charges is based on certain criteria, as for example size or power of the vessel, number of crew members and/or length of the last journey. Examples are provided in chapter 5.2 below. However, as this system involves the risk of “cost explosion” in case that vessels deliver unreasonable high amounts of waste, certain conditions have to be met by the vessels, otherwise they must be prepared to pay an additional fee.



Examples:

• If the amount of waste to be discharged is considerably larger than what is normal, the ship has to pay an extra fee according to the surplus amount of waste. The “normal” amount of waste oil is based on daily fuel consumption and length of journey.

• If the pumping capacity provided by the vessel is too low, the discharge would require too much time for the waste collector. Therefore, a pumping capacity of at least 5 m³ per hour is required, otherwise the vessel must be prepared to pay an additional fee for the additional time.

A direct charge (“polluter pays”) should be in place for the use of collection

services for hazardous substances as well as noxious liquid substances (Annex II), as these wastes vary greatly according to the amount and types of substances discharged. Considering the high variability in toxicity and the wide range of handling requirements for hazardous substances, the charges for the collection of these wastes are highly substance specific. For this reason, the charge arrangements for the use of reception facilities for Annex II wastes have to be calculated on the basis of treatment costs for the specific waste. In addition, the charge arrangements for the use of reception facilities for sewage (Annex IV) should be a polluter pays system because discharging the sewage at the port rarely happened. 6.6 COMMUNICATION AND INFORMATION SYSTEM

Communication and information has to take place on different levels: (1) Between the port and the port user (2) Between the port and the relevant authority (3) Between the port and the last / next port of call of the vessel (and even

beyond). 6.6.1 Communication between the Port and the Port User

Each vessel which arrives in any of the selected ports must be in possession of all waste-related regulations and must obtain a copy of these regulations on first arrival in any of these ports at the latest. Neither non-possession nor ignorance of these regulations will be considered a reason for non-imposition of a penalty for violation of any regulation. Therefore, the ships have to know in advance what to expect when arriving at the port.

(1) Use of Internet The best way of dissemination of information nowadays is the Internet.

The port has to provide a number of online documents including:



• Information for user booklet including, inter alia, procedure and fees for use of reception facilities

• Waste reception facilities location map

• Notification form

• Contact addresses, information on where to send the documents to, including fax and phone number

• Reporting form for observed inadequacy

• Form for exemption

All information should be obtainable from the website either of the Marine Department, the ports or of the Port Authority.

The websites have to be

• Easily accessible (should be accessible via all well-established search-engines as google, altavista, etc.)

• Easy to handle (not necessary to subscribe before using it)

• Directly linked to the documents necessary for the vessel

• Directly linked to a contact address in the port

(2) Use of Leaflet As not all vessels or agents are using the Internet, information leaflets

specific to each port will be supplied either by pilots directly to the masters of the vessel at arrival in the port, or by mail to ships’ agents. The leaflets will contain the same information as the websites. 6.6.2 Communication between the Port and the Relevant Authority

The port has to supply the relevant authority with all necessary data for maintaining statistics on port waste reception, as well as on all non-conformances or violation of regulations and laws of the vessels. The way of communication should be directly by e-mail. 6.6.3 Communication between the Ports

A control system between the ports has to be established in order to ensure the effective implementation of proper waste disposal. This requires the exchange of information between ports on ship inspections and especially on violations of any regulation.

Therefore, the ports should consider to install a communication link with the Tokyo MOU data base “Asia Pacific Computerized Information System” (APCIS) and other databases, e.g. “Equasis”. Via APCIS and the database site of “Equasis”, the ports



are connected to information of all main ports of the the Tokyo MOU and Europe and the United States Coast Guard.

Information provided in the MOU database are, inter alia:

• Summary details of ship inspections

• Inspections procedures

• Information on sub-standard ship deficiencies

As all inspection data of the region are available, the database can help the Ports as follows:

• In selecting of ships for inspections (e.g. in case of deficiencies in the last port of call)

• To avoid repeated or unreasonable inspections

• To exchange inspection information between member states

• To record all relevant details of PSC inspections on certain vessels (e.g. for listing of sub-standard vessels).

6.7 RECEIVING-SENDING OF DOCUMENTS AND FINANCIAL FLOW 6.7.1 Flow of Documents

Table 6.7.1-1 Conclusion for flow of documents on ship waste management

Activity Flow of Documentation

Vessel discharges the waste Notification form is sent to Marine Department and the PAT or IEAT

Note:Need to find out from the Customs department if and how its involvment

Waste collector receives the waste Collector gives receipt to the vessel about type and amount of waste

Waste transporter has to be in the possession of a waste manifest

Waste collector brings waste to treatment facility

Treatment facility gives receipt to the collector/transporter about type and amount of waste

Waste is delivered from treatment facility to final disposal

Disposal facility gives receipt about type and amount of waste to the treatment facility



As between the different activities transport is involved, this transport has to be guided by a waste manifest stating type and quantity of the waste being transported, instructions for handling the waste, and signature lines for all parties involved.

Recommendations: The issuing of waste receipts and a waste manifest is already common practice

in Thailand, therefore substantial changes are not necessary. It has to be ensured, however, that each entity handling and/or treating and/or disposing the waste completes and forwards the forms according to the requirements of waste tracking.

All documents or copies of documents respectively should be bundled in one hand in order to track the waste from the vessel to the site of its disposition. The documents are the proof that the wastes are handled and treated in accordance with all applicable environmental laws and regulations. Therefore, it is of utmost importance that the flow of documents remains consistent. It is recommended that at least for a transition period copies of all transactions involving wastes according to Annex I and Annex II as well as hazardous waste are collected at the Marine Department. As Annex V waste will most probably be mixed with municipal garbage and then disposed of, tracking will have its limits. The overall responsibility for port waste lies with the Marine Department. After the transition period it will be decided, whether or not the collection of exchanged documents and data can be left with the private industry. 6.7.2 Financial Flow

Ship owners should bear the cost of collection, handling and disposal of all the waste which is delivered to the waste reception facilities provided by the port. Furthermore, fees should also cover the depreciation cost of the waste reception facilities.

For reception of waste according to MARPOL Annex I, and V it is

recommended to implement either the "Indirect Fee" (costs for waste discharge are partly, at least by 30 % included in the harbour dues, amounts of waste discharged without additional payment are limited to a so-called "basic discharge"), or the "No-special fee" (costs for waste discharge are by 100 % included in the harbour dues).

For reception of waste according to MARPOL Annex II (noxious liquid

substances, slops from chemical tankers) as well as for hazardous wastes and Annex IV (sewage) it is recommended to implement the "Direct Fee" according to the "Polluter-Pays Principle".

The flow of money would be as follows: (1) "Indirect Fee" and "No special Fee" The waste fee paid per vessel is included in the harbour dues which are

paid to the Port Authority. The waste collector will send an invoice for his services to the Port Authority and receives the money from them. Should, in case of "Indirect Fee" the amount of waste to be discharged by the vessel exceed the amount which is defined as



"basic discharge", the vessel will pay the additional amount of money to the Port Authority.

For the calculation of fees, certain vessel-specific factors are taken into

account, as:

• Size of the ship, including number of crew (as in the case of the Port of Hamburg, Germany)

• Size and power of the ship, number of crew (as in the case of the Port of Rotterdam, The Netherlands)

As the steps following the waste reception like treatment and disposal have

to be included in the fee as well, the amounts to be paid must be high enough to cover all "downstream" services. The procedure will be significantly shortened if one provider is responsible for waste collection, treatment and disposal.

The flow of money can be illustrated by the following Figure 6.7.2-1:

Figure 6.7.2-1 Flow of money and invoices for "No special fee"

and "Indirect Fee" (2) Direct Fee In case of a direct fee and in applying the “polluter pays” principle, the

financial flow is direct as well. The vessel pays the costs for wastes which are not covered by the Indirect / No-special fee (chemicals, hazardous waste) directly to the reception facility on basis of the types and quantities of waste actually delivered by the ship (“polluter-pays” principle).

SHIP WASTE COLLECTOR

TREATMENT COMPANY

FINAL DISPOSAL

INVOICE for (STANDARD)

DISPOSAL INVOICE for WASTE DISPOSAL

HARBOUR

DUES

INVOICE for ADDITONAL DISPOSAL

PORT AUTHORITY WASTE FEE

TREATMENTFEE

INVOICE for WASTE

COLLECTION

INVOICE for WASTE

TREATMENT

DISPOSAL FEE

For "Indirect Fee" only



This system does not involve the Port Authority as a third party as far as payment and financial flow are concerned. Notification and information about the waste, however, must be communicated to the Port Authority.

Figure 6.7.2-2 Flow of money and invoices for "Direct Fee"

6.8 THE FRAMEWORK OF LAWS, REGULATIONS

Framework of laws, regulations in preparation of action plan for port waste

management of Thailand contain with provision accordance to MARPOL 73/78, related Thai laws, the currently regulations, and remark and recommendation in improvement, amendment, addition regulations for ports waste management process according to action plan more effectively. 6.8.1 The Provisions according to MARPOL 73/78

MARPOL 73/78 is the international agreement which has main purpose for

protect sea environment which occurred from ship, especially on the issues of pollution from oils or hazardous substances. MARPOL 73/78 has layout of rules for contracting party for compliance with protection of sea pollution especially on the issues of waste management from ship.

The main mechanisms in waste management from ship are provisions which

relate to building ship, installation of reception facilities in ship and issuing permit certificates for ship according to provision in each Annexes, the providing of contracting parties have ship inspection rights; communications with International Maritime Organization such as laws, regulations, and academic cooperation, and in some Annexes

SHIP WASTE COLLECTOR

TREATMENT COMPANY

FINAL DISPOSAL

INVOICE for WASTE DISPOSAL

PORT AUTHORITY

WASTE FEE TREATMENTFEE

INVOICE for WASTE

COLLECTION

INVOICE for WASTE

TREATMENT

DISPOSAL FEE

NOTIFICATION



such as Annex I, II, IV, and V which provide for contracting parties proceed to ensure that ports have reception facilities enough for necessary using of ship.

In preparing the action plan of ports waste management, the important provisions of MARPOL 73/78 which must include in preparing are provision subject on reception facilities accord to each Annex and the provisions which could make effective process of waste management from ship such as ship inspection, communications of information. 6.8.2 Thai Laws and Regulations concerning Ports Waste Management Thai laws which enforce for ports waste management proceed as provisions of MARPOL 73/78, there are main legal instrument which could directly enforcement and other laws which concerning waste management which enforce for effective of waste management from ship. Those Thai laws which are

• The Navigation in Thai Waters Act B.E. 2456 (1913)

• The Thai Vessel Act, B.E. 2481 (1938)

• The Customs Act, B.E. 2464 (1921)

• The Port Authority of Thailand Act, B.E. 2494 (1951)

• The Industrial Estate Authority of Thailand Act, B.E. 2522 (1979)

• The Factory Act, B.E. 2535 (1992)

• The Hazardous Substance Act, B.E. 2535 (1992)

• The National Environment Promotion and Conservation, B.E. 2535 (1992)

• The Local Administrative Laws (there is many Acts)

Currently, there are regulations by the power of those laws for control, supervise ports waste management and some of regulations are for preparation in becoming member of MARPOL 73/78. 6.8.2.1 The Navigation in Thai Water Act, B.E. 2456 (1913)

The Navigation in Thai Water Act, B.E. 2456 (1913) is the main legal

instrument which give State power to enforce for processing the ports waste management for compliance with provision of MARPOL 73/78 because the Navigation in Thai Water Act, B.E. 2456 (1913) is the Act contains authorize State in control, restriction and regulation on navigation, ports, anchoring areas, certification in use and control ship, Regulation other regulations in other matters and other penalties.

The Marine Department, Minister of Transport, is the main department which

has duty and responsibility in enforce this Act.



Therefore, according to power from this Act, the Marine Department is able to establish the regulations on port waste management complying with MARPOL 73/78, especially on the issues of law enforcement and preparation in proceed according to provision of MARPOL 73/78 in those matters.

(1) The enforcement of Act according to Provision in part 2, “regulations for

issuance of a permit to use and control of ship”, allows that ship must install waste management equipment on board and must have certifications according to annexes (as section 162, 163) especially on the issues of regulation provision as section 163 (5) and enforcement of prohibition discharge any hazardous no matter where as section 119, 119 paragraph two, in matter of sinking ship as section 121.

(2) The enforcement of Act according to Provision in part 1, “general in

provides that ship must report to Harbour department (the Marine Department, (as section 18, 20 and penalty as section 24)”. Examples of the regulations are such as the ship must inform the amount of wastes discharging to ports reception facilities, and/or the ship must discharge its waste into ports reception facilities before leaving, and ports must provide the ship-generated waste reception facilities. These regulations are able to be established under the power of the Act which authorize the Marine Department to forbid of use and fix the ports to be in the suitable condition for navigation (as section 46 paragraph two).

(3) The enforcement of Act according to Provision in part 3, “Special

provision concerning substance which may occur danger” (as section 189, 190, 191, 192, 193, 194, 195, and 196) and petroleum oil which contain in tank (as section 204).

(4) The ship inspection and ship investigation which concern waste

management according to Article 5 and 6 and provision in annexes such as annex I regulation 38 and annex II regulation 18 of MARPOL 73/78.

(5) The informing and reporting the information according to Article 11 of

MARPOL 73/78. (6) The academic cooperation according to Article 17 of MARPOL 73/78.

The Current Regulations Nowadays Marine Department enact the important regulations concerning

waste management for preparing ports reception waste including: (1) The Rule for Ship Inspection (No. 27), B.E. 2542 (1999) noticed April 8,

1999 This Rule for Ship Inspection (No. 27), B.E. 2542 (1999) authorized by

section 163 of the Navigation in Thai Waters Act, B.E. 2456 (1913) amendment by the Navigation in Thai Waters Act, (No. 13 B.E. 2525) and section 165 of the Navigation in Thai Waters Act, B.E. 2456 (1913) for preparing of the obligation according to MARPOL 73/78. This rule provided that the definitions to comply with MARPOL 73/78, provided subject on logbooks, installation of facilities in ship, ship inspection for international



certifications (in the matter of pollution from oils and noxious liquid substances), limitation of certificate, log, emergency plan and instruction manuals, and rates of fee. Remark and Conclusion The rule for ship inspection has been established since B.E. 2542 (1999) for preparing to become member of MARPOL 73/78. Since there was amendment MARPOL 73/78 and details in each annexes since 2006, this rule should be amended to comply with amendment of MARPOL 73/78, especially on the focusing issues which amended after 1999. For example, cancel of oil tanker which has single hull; compelling the new ship in sewage treatment facility installation; tracking amount of wastes; changing classified noxious liquid substances into X, Y, and Z; protection energy room; etc. In additional, the amendments are an improvement rate of fee for ship inspection and other matters to be comply with character, amount, and value of money and the amendment may include matters from annex IV and V. (2) The Notification of Marine Department No. 279/2542 Subject on permission for discharging the hazardous substances at the port The notification is established before becoming the Party of MARPOL 73/78. It aims to gibe the guideline for discharging the hazardous substances at Thai ports. This notification should be amended by referring the Navigation in Thai Water Act, B.E. 2456 (1913), especially in issues of:

1) In case of discharging the hazardous substances at Thai ports, it should be amended by referring the section 191 in the Navigation in Thai Water Act, B.E. 2456 (1913).

2) In case of criteria for permission, it should be amended by referring the section 190 in the Navigation in Thai Water Act, B.E. 2456 (1913).

(3) The Notification of Marine Department No. 329/2545 Subject on ship generated waste collection and treatment announced on September 16, B.E. 2545 (2003) and amended until B.E. 2548 (2006) The main issue of this notification is providing Bangkok Port, Maptaphut Port, Songkla Port, and Phuket Port as the ports which must service for ship generated waste collection and treatment. Provide that service provider must be authorized from the Department of Factory Works as “factory class 101, waste quality improvement, waste treatment and waste disposal” or “factory class 106, Reuse and recycle the waste (oils or chemical substances)” and the provider must have the factory area enough and suitable container including must have manifest system too. Remark These notifications are noticed before become contracting party of MARPOL 73/78. Therefore, after become contracting party, they must be amended again by revising new notifications by concern these issues:



1) The new notifications will be notifications which authorize done for compliance with obligation of MARPOL 73/78. 2) Cooperate with Department of Factory Works according to establish the measures and mitigations effective in ports waste management plan. 3) Should bring to consideration weather “factory class 105, waste segregation and land fill” will capable to be the service provider in waste collection and treatment or not. However, the Consultants suggest that the factory class 105 could service of waste from Annex II (noxious liquid substances) and Annex V (garbage). 4) Which government agency will in charge in the waste manifest system for ship generated waste? From the Consultants view, Marine Department should have duty in manifest system according to the action plan for port waste management. 5) At ports under Port Authority of Thailand and/or Industrial Estate Authority of Thailand, the port authorities should be coordinator for port waste management for preventing the redundant task and the problems for proceed to service providers and users; especially focus on permission, the fee collection. 6) Should bring to consideration with Customs Department and Minister of Finance in the part of custom clearance, tax and tariff and duty exemption and practice for port waste management convenience but could control. Recommendation Marine Department should renew notifications concerning ship waste management by the power from Thai laws and the obligation of MARPOL 73/78. These notifications should cover the issues as follows:

1) General

- Reason for the notifications

- Referring to obligation of MARPOL 73/78

- Referring to the related Act which have many such as the Thai Navigation Act B.E. 2456 (1913) (Section 12 and 46 paragraph two), the Thai Vessel Act, B.E. 2481 (1938) (Section 53/2)

- Definitions such as waste types from the meaning of MARPOL 73/78 which will be under control of these notifications such as from annex I (oils) and annex II (noxious liquid substances)

- May include waste from annex IV (sewage) and annex V (garbage) together in these notifications which the Consultants suggest that those annexes could consolidate because the management process of waste from annex IV and annex V do not complicate



2) Regulations concerning the reception facilities

- All ports must provide the reception facilities which could cover until ship anchoring areas too. Presently, five ports in Thailand have to provide the reception facilities announced by Marine Department. Therefore, in the future, all port must comply with MARPOL 73/78.

- The companies or government agencies which should have the special reception facilities for the ship generated wastes such as oils, chemical substances

- Waste types and its reception facilities 3) Duty and responsible of ship concerning waste management at the

port

- Types of waste which must be managed by ship

- Duty and responsible of ship on waste notification to the port authority before arriving the port for reception facility preparations

- Duty and responsible of the ship which must ensure that the waste has already been discharged to the ports reception facilities

4) Guideline for collection of fee or service fee in waste management

- Guideline for establishing the rate of fee

- Guideline concerning payment such as may include the waste management fee with the port fee or separate wastes management fee from the port fee

- Authorize in collection of waste management fee such as the Port Authority of Thailand

5) Action plan for ports waste management

- Action plan for ports waste management which depends on policy whether the Marine Department will develop the plan or each port will process the plan by itself. The Consultants recommend that for the ports belonging to the Port Authority of Thailand and Industrial Estate Authority of Thailand, the action plan should be developed by themselves while for other ports, Marine Department may have to do the action plan.

- Framework of action plan for waste management will be under international framework such as complying with EU Directive



6) Exemption

- Exemption for discharging the wastes should be stated in the notification and the exemption should comply with the obligation of MARPOL 73/78 such as the exemption for ships that have the record of discharging the waste at previous port or have enough space for maintaining the waste to next ports.

7) Penalty 8) Guideline for setting the one stop service centre of port waste

management including coordination and cooperation of relating organizations such as Marine Department, Port Authority of Thailand, Customs Department, the Industrial Works Department, Local Administrative (in some ports). The port waste management team should be established and the team should consist of representatives from such organizations and private agencies.

9) Guideline for cooperation with Local Administrative to takes a

part in waste management form ship such as in the matter of Laem Chabang Port for final disposal as annex V (garbage), if related a municipality is ready should let the municipality be the final disposal provider too.

10) Filling the information on the Waste Manifest Form. There are three main sections of information on the waste

manifest which is used for controlling the transportation of the waste as follows: - the waste generator section - the transporter - the waste storage/treatment/disposal contractor section Since Marine Department is the focal point responsible for the ship

generated waste management, the third and forth copies of the waste manifest is submitted to Marine Department, Currently, Industrial Works Department has developed the waste manifest form and users it for controlling the industrial hazardous waste management. Therefore, Marine Department can adopt such form for controlling the ship generated waste management and IMO Number can be filled instead of factory’s ID.

Guideline

Not only the notifications concerning ship waste management should be modified but also Marine Department should preparation in the matter concern guidelines and practices which necessary to process after become contracting party of MARPOL 73/78 such as 1) Ship inspection and ship investigation as article 5 and article 6 of MARPOL 73/78

2) Information such as reports as article 11 of MARPOL 73/78

3) Academic cooperation as article 17 of MARPOL 73/78



Marine Department should setup a committee for process these issues which will take time, human resource, and budget.

Beside, Marine Department should modify penalties as both of article 119

and article 119 paragraph two in serious and equality. 6.8.2.2 The Thai Vessel Act, B.E. 2481 (1938)

The Thai Vessel Act, B.E. 2481 (1938) is the Act concern registration of Thai

ship, Thai vessel registration certificate, rights and duties of Thai ship, and the penalties thereof.

There was amendment of the Thai Vessel Act (No. 7), B.E. 2550 (2007) by provisions of prohibition of discharging any hazardous no matter where, more than the standard and setting up penalty for those who violate.

The reason of amendment is implementation of MARPOL 73/78 which allows contracting party to have a penalty for under control ship in the matter of violate provision of MARPOL 73/78. Marine Department is the main government agency who is responsible to enforce this Act. The main applicable provisions of ship and port waste management are the prohibition of discharging any hazardous no matter where, more than the standard limit set by Director General of Marine Department (Section 53/1 and 53/2) and penalty by fine not exceeding sixty thousand Baht or imprisonment not exceeding three years or both fine and imprisonment to those who violate Section (Section 67/1). Remarks and Recommendations One of obligations of MARPOL 73/78 is penalty for ships that violate and the penalty must be serious and equality in anywhere. Therefore, Marine Department should set the penalty serious and equality with other member countries of MARPOL 73/78 after Thailand become MARPOL 73/78 member which some penalties may be amended for equality with other member countries. In addition, by using power of Section 2/53, Marine Department is able to announce the class and the name list of chemical substances. 6.8.2.3 The Customs Act, B.E. 2469 (1926)

The Customs Act, B.E. 2469 (1926) and its amendments are the main legal

instruments. The Act authorizes Customs Department to control import and export, collection of tax and duty as well as to enforce several other laws.



In the part of ports waste management, the related regulation is provisions of the requirement that before bringing the substance out of Customs’ custody, importers must comply with customs laws and other relevant laws. Including they have to submit Customs an entry form and to pay all tax and duties (section 40) combine with waste from ship must levy under 4 classifications as follows:

• Tariff sub heading 2710.91 (2710.910), the waste or mix with oil in Polychlorinated biphenol or Polychlorinated terphynol or Polychlorinated biphenol.

• Tariff sub heading 2710.99 (2710.990), other oils.

• Tariff sub heading 3825.50 (3825.500), the waste or mix with hydraulic oil, break oil, or other chemical substances.

• Tariff sub heading 3825.90 (3825.900), the liquid waste or mix chemical.

The above 4 classifications of waste are related to the waste under the

MARPOL 73/78 especially under Annex I (Prevention of the Pollution by Oil) and Annex II (Control of Pollution by Noxious Liquid Substances in Bulk). The currently regulations The current regulations which concern waste management from ship are such as:

(1) Notification of the Customs Department no. 14/2546 is in relating to the prevention of the bringing in the waste which may cause hazard or damaging to people, plant, property, and environments which may be left at ports. (Notification authorize by section 63 paragraph two of the Customs Act, B.E. 2469 (1921).

(2) Notification of the Customs Department no. 26/2546 is in relating to the

notification for import and export of chemical substances and hazardous waste (Notification authorize by the Customs Act, B.E. 2469 (section 3)

(3) General Order of the Customs Department no. 2546/13 is in relating to the

procedure for bringing out the waste from the ship for treatment or disposal. This order is for preparing Thailand to become the party of MARPOL 73/78.

(4) Notification of the Ministry of Finance, subject on duty reduction and

exemption in accordance to Section 12 of the Customs Tariff Decree (No.11), B.E. 2530 (1987) which allow duties on the waste that are the result of normal practice of ship plying into the Kingdom under the tariff classifications 2710.93, 3825.50, and 3825.90.

Remark and Recommendation

Marine Department and Customs Department should bring to consideration for

modification and/or add those regulations, especially in these issues. (1) Notice and/or reorder under obligations as MARPOL 73/78.



(2) Those notifications and/or orders should bring to consideration of

comfortable, effective in waste management from ship, especially the ideal of one stop service because Customs Department is the government agency which wide spread authorize as the Customs laws in collection of tax and duty, import and custom protocols.

(3) Notification of the Customs Department no. 14/2546 authorize by section

63 paragraph two. The reason for this notification is to import the old tire waste but the further may be the notification for implementation of MARPOL 73/78 for prevention dangerous to environment especially waste form Annex I (Prevention of Oil Pollution), Annex II (Control of Pollution by Noxious Liquid Substances) and Annex III (Prevention of pollution by harmful substances in packaged form).

(4) General Order of the Customs Department no. 13/2546 is in relating to the procedure for bringing out the waste from the ship for treatment or disposal. So after becoming the party member of MARPOL 73/78, an action plan concerning port waste management should be modified for compliance with MARPOL 73/78.

(5) Notifications of the Ministry of Finance, subject on duty reduction and

exemption which allow duties on the ship generated waste. However, the waste must be proofed for ensuring that it is not the goods. The exemption of the duty still has problems and issues in practical way. There should bring to consideration of revision, modification of practice, and/or modification, addition of those notifications of the Ministry of Finance too.

(6) If it is possible, consideration with rate of customs and duties of allow

tariff in waste from ship Royal Decree as MARPOL 73/78 should be done whether it should have customs and duties or not because in some of foreign countries such as Germany do not have customs and duties of waste from ship. 6.8.2.4 The Port Authority of Thailand Act, B.E. 2494 (1951) The Port Authority of Thailand Act, B.E. 2494 (1951) is legal instrument which set up and authorize the Port Authority of Thailand. At the present, there are 5 ports under its responsibility, namely Bangkok Port, Laem Chabang Port, Chiang Saen Port, Chiang Khong Port and Ranong Port. The main provisions of the Act which use in ports waste management are authorization of the Port Authority of Thailand in process as object of set up the Port Authority of Thailand, especially authorization in organization subject on safety of using ports, service, and other conveniences of ports business including allow duty for using ports, service, and other conveniences (section 9 and 6) and Director General has authorization in issue regulations concern practice of the Port Authority of Thailand (section 32(2)).



Current regulations At present, there are a number of notifications of Port Authority of Thailand (PAT) dealing with port waste management including:

1) Regulation subject on safety for the use of port, service and other facilities at the port, dated August 31, B.E. 2494 (1951) and amendment dated December 25, B.E. 2495 (1952).

2) Notification of PAT subject on collection and treatment of waste

from ship at PAT ship anchoring area, dated August 4, B.E. 2546 (2003). 3) Notification of PAT subject on procedure concerning import and

export hazardous good, dated June 22, B.E. 2544 (2001). 4) Notification of PAT subject on procedure concerning hazardous

goods at Laem Chabang Port, dated October 1, B.E. 2547 (2004). 5) Notification of Laem Chabang Port subject on procedure

concerning hazardous Class no. 7 (Tantalum class) at Laem Chabang Port, dated July 10, B.E. 2546 (2003).

6) Notification for prohibition of ship fixing and painting while

anchoring at Bangkok Port / Laem Chabang Port, and others.

Remark and Conclusion

Marine Department and Port Authority of Thailand should bring to consideration for modification and/or add notifications to comply with action plan concerning ports waste management and for more effective, and may bring to consideration on subject of one stop service too.

The main points which should bring to consideration such as

• Having ports reception facilities under supervisor of Port Authority of Thailand

• Servicing of service providers ports waste management which allow by Marine Department

• Informing on waste and using ports reception facilities

• Ports waste management according to presented action plan, especially the two pilot ports (Bangkok Port and Laem Chabang Port)

• Ports waste management which do not be problems and issues for other operations of ships

• System and management, waste recorded or waste manifest, especially to comply with guidelines which presented in action plan



6.8.2.5 The Industrial Estate Authority of Thailand Act, B.E. 2522 (1979) The Industrial Estate Authority of Thailand Act, B.E. 2522 (1979) is the Act

which establish the Industrial Estate Authority of Thailand. The Act contains the provisions on industrial estates, authorize and duty of industrial estates, provisions concerning industrial estates, etc.

The Industrial Estate Authority of Thailand involves with ports waste management since the Industrial Estate Authority of Thailand is in charge of Maptaphut Port which is one third of the pilot ports from this project (See section 6 and section 10 for authorize and duty of the Industrial Estate Authority of Thailand)

Current Regulations

There are notifications in relating to port waste management as follows:

1) Notification of the Port Operation Division No. 005/2549 subject

on procedures concerning hazardous waste in Maptaphut Port’s area.

2) Regulation of the Industrial Estate Authority of Thailand (No.55) subject on the use of service, facilities, safety management, control of environment impact, accident prevention and other tasks in relating to the port.


Marine Department should coordinate with Industrial Estate Authority of Thailand to bring to consideration for modification and/or add notifications to comply with MARPOL 73/78. In addition, the inspector’s ship should be inspected, following the regulations of port state control on operational requirements as Annex I and Annex II of MARPOL 73/78, in ports’ areas under supervisor of Industrial Estate Authority of Thailand and process to have waste reception facilities at Maptaphut Port and ports waste management accord presented action plan.

6.8.2.6 The Factory Act, B.E. 2535 (1992)

The Factory Act, B.E. 2535 (1992) is the legal instrument which provide principle of controlling factories, including provisions concerning environment, pollution, and safety.

The Industrial Works Department, Ministry of Industry is the government

agency who is responsible to enforce this Act.

Furthermore, the Act allows Minister to issue a ministerial regulation for the benefit for control of factory operation in many areas including setting up the standard and method for control of waste release, pollution, or other substances that cause an environmental impact. It also includes the requirements that the factory shall have certain documents for the purpose of control or inspection of factory according to the Act (See section 8(5) and (6) of the Factory Act, B.E. 2535 (1992)).



Current Regulations There are ministerial regulations notifications in relating to port waste management as follows: 1) Ministerial Regulations (No.2), B.E. 2535 (1992) issued under Section 8 of Factory Act, B.E. 2535 (1992) includes the provisions for control of the release of waste, pollution, or any substance which has environmental impact.

2) Notification of the Ministry of Industry subject on disposal of sewage or un- used material B.E. 2548 (2005).

There are three classes of factory under the Factory Act that may have a role in

port waste management. These are: 1) Class 101 Central waste treatment plant 2) Class 105 Waste segregation and land fill of waste which has

characters and qualifications as stated in Ministerial Regulations (No.2), B.E. 2535 (1992) authorized by the Factory Act, B.E. 2535 (1992) 3) Class 106 Recycle plant

At present, the Marine Department allows factory class 101 and its agent, and

factory class 106 to provide their services for collection and treatment waste from ship. Remark and Conclusion

Marine Department should coordinate with Industrial Works Department for

consideration together which process as MARPOL 73/78 more effective. In addition, they should modify, and set the additional regulations such as focusing on classifies factories for implementation of obligations of MARPOL 73/78 and giving the right for class 105 to ship waste management. Furthermore, these two departments should join hands in monitoring the performance of waste collection companies. 6.8.2.7 The Hazardous Substance Act, B.E. 2535 (1992) The Hazardous Substance Act, B.E. 2535 (1992) and its amendments are the legal instruments which focus on restriction, control and supervision on production, import, export and having in possession of any hazardous substance to people, animal, plant, property or environment, including hazardous waste. For the purpose of control of hazardous substance, the Act classifies hazardous substance into 4 types in according to the necessity for control as follows: (1) Type 1 hazardous substance is that of which the production, import, export or having in possession must comply with the specified criteria and procedures.



(2) Type 2 hazardous substance is that of which the production, import, export or having in possession must first be notified to the authority and must also comply with the specified criteria and procedures.

(3) Type 3 hazardous substance is that of which the production, import, export

or having in possession must obtain a permit. (4) Type 4 hazardous substance is that of which the production, import, export

or having in possession is prohibited. In the part of ports waste management, the Acts subject on hazardous substance will enforce on waste from ship as defied by this Act such as waste from Annex II noxious liquid substances of MARPOL 73/78. If such noxious liquid substances are classified into the matter of type 2 and/or type 3 of hazardous substances, they must be informed or requested for permission before import, in the matter of bring those noxious liquid substances to stock or treatment by land reception facilities. Current Regulations 1) Notification of the Ministry of Industry subject on the List of Hazardous Substances, B.E. 2546 (2003). 2) Notification of the Ministry of Industry subject on the Document System for the Control of Hazardous Waste Transport (manifest), B.E. 2547 (2004).


Marine Department should coordinate with Ministry of Industry and Industrial Works Department for consideration together in provision measures which will make enforcement of Acts subject on hazardous substance and process of MARPOL 73/78 for more convenience to private sector.

6.8.2.8 The National Environment Promotion and Conservation Act, B.E. 2535 (1992) The National Environment Promotion and Conservation Act, B.E. 2535 (1992) is the main legal instrument which focuses on control and remedy to environmental problem, provision of pollution control measures, provision for duty and liability of those polluters as well as provision for power and responsibility of government agencies in promotion and conservation of the national environmental quality. The Act gives power to the Minister, by recommendation from the Pollution Control Committee and with the consent of the National Environmental Committee, to announce measures for setting the standard of pollution control from source, for the control of sewage release, polluted air release, polluted water release or other pollution from source to environment.



One of the major measures for environmental protection is the requirement that some activities have to make a study report on the environment impact assessment (EIA) of such activities.

Remark and Conclusion If there is an installation of reception facilities such as the oily waste treatment

plant at the port such as Maptaphut Port and/or Laem Chabang Port, it will be deemed as port expansion and have to re-make a study report on environment impact assessment in particular to an installation of port reception facilities too. 6.8.2.9 Local Administrative Laws The Local Administrative Law is used for control, supervision and management of some wastes, such as garbage, sewage, other refuses and the Law give the power to the authority of local governments. Currently, there are five types of local administrative organizations as Provincial Administrative Organization, Municipality, Sub-district Administrative Organization, Bangkok Metropolitan Administration, and Pattaya City Administration.

Three groups of laws grant authorities of local administrative organizations as (1) Group of laws which establish those local administrative organization such

as the Provincial Administrative Organization Act, B.E. 2540 (1997), the Municipality Act, B.E. 2496 (1953), the Sub-district Council and Sub-district Administrative Organization Act, B.E. 2537 (1994), the Bangkok Metropolitan Administration Act, B.E. 2528 (1985), and the Pattaya City Administration Act, B.E. 2542 (1999).

(2) Group of laws which give direct power to local governments for some

actions such as the laws in relating to Building tax, the laws in relating to public health (such as the Keeping Clean Act, the Public Health Act, B.E. 2535 (1992), the Plan of and Procedure for Power Decentralization to Local Administrative Organization Act, B.E. 2542 (1999).

(3) The Plan and Procedure for Power Decentralization to Local

Administrative Organization Act, B.E. 2542 (1999). Since one of the key object of Local Administrative Organizations is waste

management which authorized in those Local Administrative Organizations laws and those Power Decentralization to Local Administrative Organization Acts which may relate with the plan of port waste management from this project.



Remark Since some of demonstrated ports locate in the area under the jurisdiction of Sub-district Administrative Organization and/or municipality and, in some case, the final disposal may be in the area under the authority of a local administrative organization.

The plan of port waste management must take into account the local administrative regulations. The most importance is that the local administrative organization has the power to issue sub-regulations in the form of stipulation, municipal regulations which may affect to installation reception facilities and to the final disposal of such waste. Therefore, Marine Department should advise and coordinate with relating local administrative organizations in an issue of waste management. For example, some of relating local administrative organizations such as Laem Chabang Port may allow Laem Chabang Municipality to enforce in final disposal for garbage as Annex V, if Laem Chabang Municipality is ready.

6.8.3 Conclusion In conclusion, there are many Thai laws in relating to framework of laws and

regulations in waste management of the ports of Thailand. There are many regulations authorized from laws, which the Consultants have suggested as stated in above.

For port waste management complying with MARPOL 73/78, the Navigation

Act, B.E. 2456 (1913) is applicable. Marine Department should take this opportunity to notice in relating to new ports waste management according to presented modalities.

For remarks and suggestions in relating to other laws and practices are

suggestions for more complete which must take time, budget, and co-operate from those government agencies whom enforce those laws.