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People's Republic Of China Controlling Administrative Provisions On Inland Water Environment Pollution From Ships

Original Language Title: 中华人民共和国防治船舶污染内河水域环境管理规定

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(August 20, 2005 Department of transportation released 2005 of 11th come into force on January 1, 2006) Chapter I General provisions article in order to strengthen the prevention and control of pollution from ships of the inland water environment supervision and management, protection of the environment and resources in inland waters, promoting economic and social development, in accordance with the People's Republic of China water pollution control law and the People's Republic of China implementation rules for water pollution prevention and Control Act and other laws and administrative regulations, this provision is enacted.
    The second ship in the People's Republic of China inland waters navigation, berthing, and operation and other activities that affect the inland water environment, these provisions shall apply.
    Fishing boat and the army, armed police on active duty on board a ship shall not apply to this rule.
    Article III prevention and control of pollution from ships the inland water environment, the implementation of the principle of putting prevention first and combining prevention.
    The fourth transportation departments of the State Council in charge of the national prevention and control of pollution from ships of the inland water environment management.
    State departments of transportation maritime administrative agency in charge of national supervision and management of prevention and control of pollution from ships the inland water environment.
    Maritime administrative agencies according to their respective rights and responsibilities at all levels, are responsible for the area of prevention and control of pollution from ships of the inland water environment supervision and management.
    Chapter II general provisions article fifth vessel in pollution prevention structures, equipment, facilities, shall comply with the transportation departments of the State Council and relevant national specifications, standards, ship inspection agency inspection, accreditation, and in good technical condition.
    Vessels of foreign nationality to prevent and control pollution of the structure, equipment, apparatus, shall comply with the People's Republic of China concluded or acceded to the relevant international conventions, the flag State administration or its authorized Inspection Agency inspection, accreditation, and in good technical condition.
    Sixth vessels must be in accordance with the relevant provisions, holding a valid pollution prevention certificate, instrument.
    Ship jobs involving pollutants shall be in accordance with the provisions in the corresponding record on the record book and code to fill in.
    Seventh crew shall have the appropriate prevention and control of pollution from ships of the inland water environment professional knowledge and skills, familiar with the ship's pollution prevention procedures and requirements, and in accordance with the provisions in the corresponding training, examination and evaluation, the position of holding a valid certificate of competency and training certificates.
    Eighth article of any inland water navigation, berthing and operation of the ship, shall not violate the provisions of laws and administrative regulations and the transportation departments of the State Council, discharging pollutants into the inland waters.
    Marine traffic in inland water transport laws, administrative regulations and the transportation departments of the State Council shall provide inland water transportation of hazardous chemicals.
    Marine incinerator in inland waters. The Nineth lawfully established special protection waters shall first seek the views of the maritime administrative agency, and published by the maritime administrative agency navigation passes (police) report.
    The establishment of special protection waters, should set the ship pollutants and other harmful substances at receiving and disposal facilities.
    In the special protection area in navigation, berthing, and operation of ships, special protection waters shall comply with the provisions relating to pollution prevention, standards.
    The tenth ship in inland waterways when sailing in the urban area of the city, should be used in accordance with the provisions of sound device.
    Hanging machine navigate urban inland waterway shipping, hanging machine should be placed at the closure or take other equivalent measures to reduce operating noise hazards to the environment.
    11th all ships, units and individuals shall have the duty to maintain the inland water environment, when he found the behavior of the ship there is pollution of the inland water environment shall immediately report to the maritime administrative agency.
    Chapter three vessels carrying dangerous goods and related job 12th port for shipping dangerous goods, relevant units shall in accordance with laws, administrative regulations and the transportation departments of the State Council regulations on the carriage of dangerous goods by vessels, prior to the maritime administrative agency for declaration process, by consent, in and out of the port.
    13th shipping with dangerous goods shipper to deliver, effective pollution prevention measures should be taken to ensure goods shipping requirements and in accordance with the pollution prevention requirements, and indicated in the transport document, the goods of the correct name, amount, category, nature, pollution prevention and response measures, and so on.
    14th dangerous goods, its packaging and labelling shall comply with the relevant requirements of the State.
    Used to carry dangerous goods transport of empty containers and components, before it has been thoroughly cleaned or elimination of hazards, should be in accordance with the requirements of the original cargo loaded for transport. The 15th delivery of the vessels carrying hazardous goods of unknown, the owner or his agent shall be in accordance with the relevant provisions of the transportation departments of the State Council to apply for cargo hazard assessment.
    Shipping technology evaluation agencies should be based on assessment to determine conditions and clear pollution control measures. 16th ship engaged in dangerous goods handling and water barge operations, must comply with the relevant rules, and in conjunction with the operating units to agree on action programmes, the rational allocation and use of loading and unloading piping and equipment, according to the characteristics of goods and practices develop and implement pollution prevention measures.
    For pollution prevention measures should be in front of the job filed a maritime administrative agency.
    Dangerous goods regulation departments of transportation shall be separately formulated by the State Council.
    17th engaged in oil supply service (job) ship, unit, shall comply with the relevant national standards and requirements, adequate anti-pollution equipment and devices, made the national qualification.
    Ships supply oil services (jobs), and shall comply with the relevant provisions of the carriage of dangerous goods by vessels.
    18th article Yangtze River, and Pearl River, and Heilongjiang water route over 300 total tons and other river waters over 150 total tons of ship engaged in following activities, should take including laid surrounding oil bar zainei of anti-pollution measures: (a) bulk lasting sex oil class of handling and had connection job; (ii) bulk share is less than 1 (relative Yu water), and solubility is less than 0.1% has pollution harm goods of handling and had connection job; (three) may caused waters serious pollution of other job. Laying booms programme maritime administrative agency shall, before the job report for the record.
    Restrictions due to natural conditions or other reasons, not suitable for laying oil stopped, other pollution prevention measures can be used, but should be taken by alternative measures and reasons, before the maritime administrative agency for record.
    19th the discharge tank washing water containing toxic substances and should be made by qualified unit received and processed in accordance with the relevant provisions, shall directly discharge into inland waters.
    Washing the ships (Qing dynasty) tanks, gas or replacement, shall comply with the provisions on the safety supervision and administration for shipping dangerous goods regulations.
    20th ship is at a port of the following activities shall be reported in advance in accordance with the relevant provisions approved by the maritime administrative agency: (a) ships ballast, tank washing and cabin waste water and oil residue, oily water and other residual materials, (ii) marine flush carriage of toxic and harmful substances, bulk cargo decks and cabins of the dust.
    Article 21st of the carriage of dangerous goods for ships entering and leaving the port and across the bridge, traffic control, traffic-intensive areas and restricted navigation conditions must be guaranteed security of navigation in the maritime authority.
    22nd 150 gross tonnage and above, oil tankers and 400 gross tonnage and above other than an oil tanker, oil operations should be recorded in the oil record book issued by the maritime administration.
    Of less than 150 gross tons oil and non-oil tankers of 400 gross tonnage oil operations shall be recorded in the engine log book or in the log.
    Ships carrying noxious liquid substances in bulk ship operation records shall be issued by the maritime administration in the cargo record book.
    The oil record book, and the cargo record book shall be available for examination at any time, after using it on board for 3 years. 23rd marine transport goods such as diffuse toxic or noxious gases or dust, airtight or other protective measures must be taken.
    Requirements of dangerous goods there was closed, measures should be taken in the transport and process recycling toxic gas.
    Chapter fourth ship waste and domestic sewage 24th overall length of 12 m and above ship should set unified format of spam signs, informing crew and passengers on the waste management requirements and penalty provisions.
    Ships of 400 gross tonnage and above and authorized passenger capacity of 15 and above and single flight of more than 2 kilometers or ships sailing for more than 15 minutes, shall be provided with preparation requirements of the shipping garbage management plan and garbage record book issued by the maritime administration of the ship.
    Ships except for the provisions of the second paragraph of this article, waste disposal should be recorded in the logbook in the maritime administrative agency for examination.
    The shipping of the garbage record book should be readily available for inspection, and after using it on board for 2 years. 25th prohibits the discharge of garbage from ships into inland waters.
    Ship waste receiving and processing must be performed by a qualified units.
    Vessels shall be equipped with a covered, no leakage, no spillover of waste storage containers, or carrying out bags in order to meet the needs of storage ships sailing junk.
    Prohibiting the use of disposable styrofoam tableware that cannot be degraded. 26th the waste generated by ships should be classifying, collecting, storage.
    Garbage disposal operations shall comply with the ship's waste management plan of action set out in the program.
    Ship waste dangerous goods and hazardous items should be stored separately, and shall provide the receiving unit containing name of the substance, the nature and quantity of such information.
    27th passenger and tourist ships should be establishment of a waste management system, equipped with (and) level environmental supervision and administration, is responsible for the ship sanitation management.
    The 28th ship shall be in accordance with specifications set fitting in with the production of sewage treatment device or storage container.
    No ship shall discharge into inland waters does not meet the emissions standard of domestic sewage. Chapter fifth ship pollutant emissions and receives the 29th ships discharging pollutants from ships shall comply with the national and local standards and requirements relating to pollutant emissions.
    Does not meet the emission standards and requirements for marine pollutants shall entrust a qualified receiving unit receiving and processing of pollutants cannot be reached, any emissions.
    30th port loading and unloading, loading and unloading stations should have their goods and pollutant receiving or processing capacity of throughput capacity to adapt and meet the needs of ships in Hong Kong.
    Ports, loading and unloading stations should be receiving or processing capacity to the maritime administrative agency for record.
    31st units engaged in ship pollutants receive, ship clearing job, you must have the appropriate receiving and processing capacity, adequate anti-pollution equipment, establish safety and pollution prevention systems.
    Units engaged in ship pollutants receive, ship clearing operations, should be receiving and processing capabilities to the maritime administrative agency for record.
    32nd ship pollutants receive and discharge operation and ship in the process of clearing, cleaning jobs, the ship must comply with the relevant operation and operational units, implement pollution prevention measures to prevent spills of pollutants.
    Pollutants pollutants should be receiving the takeover after the job is finished, contaminant receiving and processing documents issued to ships, and signed by the master.
    Ship their contaminant receiving and processing documents to prove to the maritime administrative agency for receiving and processing of pollutants, pollutant receiving and processing evidence from the ship to save for future reference in the appropriate record book.
    33rd ships from affected areas of pollutants from ships, ship's refuse, ballast water, sewage, shall be subject to quarantine departments check the rear handle.
    Containing hazardous substances or other dangerous pollutants from ship reception and processing of ingredients must comply with the national provisions relating to hazardous waste management Department of environmental protection.
    34th operation of ship power plant emissions and volatile organic compounds on the ship, shall not exceed the criteria set forth in national and local emissions to the atmosphere.
    The sixth chapter the dismantling of ships, salvage, repair and other aquatic submarine construction work article 35th in ship-building and related pollutants produced in the process, should be handled by qualified unit may not be dumping into the water.
   Ships in berth (row) or after building completion water repair works are completed, should be cleared in a timely manner the relevant pollutants.
    Built in the dock after the end of the job, shall carry out cleaning and cleaning in dock, and open the door to dock or sink before docking, dock clean report to the maritime administrative agency.
    Article 36th marine salvage operations and underwater operations unit for the job, when applying for a construction job, description should be retained on the ship type and quantity of pollutants, the relevant operational programmes, pollution prevention measures and emergency plans, and so on.
    37th in inland waters ship dismantling operations should be strictly in accordance with the requirements of the regulations on preventing environmental pollution by ship scraping of the implementation, prevention of environment pollution by ship scraping of the river waters.
    Article 38th of the seventh chapter of pollution accident by ship emergency response maritime administrative agency should be accompanied by making marine pollution accident emergency plan of the local people.
    39th ship repair plant, ship and engaged in the loading and unloading of dangerous goods in bulk operator shall develop pollution accident emergency plan and report to the maritime administrative agency for record.
    40th 150 gross tonnage and above, oil tankers, oil barge and of 400 gross tonnage and above other than an oil tanker, non-oil barge towed barge shall be approved by the maritime administration of the shipboard oil pollution emergency plan.
    150 gross tonnage oil tankers need to develop emergency response plan for the oil.
    The 41st ship of ships carrying noxious liquid substances in bulk shall be equipped with approved by the maritime administration of the noxious liquid substances pollution contingency plan on board.
    More than 400 gross tonnage and ships carrying noxious liquid substances, with the shipboard oil pollution emergency plan replaced the shipboard oil pollution emergency plan and the noxious liquid substances pollution contingency plan on board.
    42nd make pollution incident emergency plans and ship emergency drills are regularly organized to make records, and develop an emergency plan.
    Article 43rd ports, loading and unloading station and engaged in ship building and repairing, fishing units, dismantling operations of ships and ships carrying dangerous goods shall be equipped in line with the relevant national standards and local hydrological conditions of emergency pollution prevention equipment and devices.
    44th in the waters of the river pollution required the use of chemical dispersants, he shall first apply to the maritime administrative agency, that brand, planning and use of dispersants, after they have been approved, may be put into use. Article 45th in case of pollution accidents in the waters, it shall immediately report to the maritime administrative agency recently, in accordance with the procedures and requirements for pollution incident emergency plans and take appropriate measures.
    After the initial reports, ships should be made according to progress of the accident further supplementary report.
    In case of maritime accidents, sank when possible, or in front of the crew to abandon ship, should be as close as possible to all tanks or tanks (Cabinet) piping valves, blocked ventilation holes to prevent spills, and should be in the accident report, indicating quantity of oil or liquid and vent position.
    Article 46th maritime administrative agency after receiving reports of pollution accident by ship, should respond in accordance with the procedures of pollution accident emergency plan.
    When you pollute the waters of neighboring countries or regions may be involved, departments of transportation maritime administrative agency under the State Council in accordance with the relevant international treaties or bilateral agreement requires, inform the maritime authorities of the neighboring countries or regions, to take the necessary pollution prevention actions.
    47th ship accidents causing or likely to cause pollution of the inland waters, the maritime administrative agency may take necessary anti-pollution measures, including mandatory clearing, compulsory wreck removal and forced emergency measures such as towing, resulting therefrom all costs borne by the responsible party. The eighth chapter pollution accident survey parties to the 48th ship pollution accidents shall, within 24 hours of the accident submitted its pollution incident report to the maritime administrative agency.
    Report book of content including: (a) ship or facilities of name, and callsign or number, and nationality, and all or business people name and the address; (ii) occurred accident of time, and locations, and meteorological and hydrological situation; (three) accident reasons or preliminary reasons judge; (four) pollutants of type and number, or estimates number and the pollution range; (five) has take or prepared take of anti-dirt measures and the pollution control situation; (six) assistance or rescue requirements; (seven) need report of other matters.
    49th maritime administrative agency after receiving reports of pollution accident by ship, should be investigated in a timely manner. The maritime administrative agency shall, in accordance with the procedures provided for and method of investigation of pollution accident by ship.
    Accident investigations should be comprehensive, objective and fair.
    Parties and the persons concerned shall be subject to investigation, cooperate, factual presentation of the circumstances and the evidence, shall not misrepresent, conceal or destroy evidence.
    50th ships, facilities, water environment pollution damage caused or related activities, should be in accordance with the provisions of relevant laws and administrative rules and bear the cost of compensation.
    The 51st ship is punishable by a fine or have to bear financial responsibility such as clearing, compensation, its owner or operator or the parties concerned, must be completed before the departure of the formalities relating to financial guarantees.
    Nineth legal liability article 52nd found marine pollution risks of a maritime administrative agency shall order immediate elimination or to eliminate hidden dangers within; the units and individuals concerned do not immediately remove or fails to remove the, can take a maritime administrative agency order the provisional suspension, stop working, prohibition to enter, leave Hong Kong, ordered to sail to the designated waters and other coercive measures.
    53rd in violation of this provision, pollution emergency plans or waste management plans have not been implemented, by the maritime administrative agency ordered to correct and warn or impose a fine of less than 2000 Yuan.
    54th article violation this provides, has following behavior one of of, by maritime management institutions sentenced warning or 10000 Yuan following fine: (a) ship not holds effective of anti-dirt certificate, and anti-dirt instruments, or not according to provides records operation situation of; (ii) ship not equipped with anti-pollution equipment or anti-dirt equipment exists major defects, in maritime management institutions deadline within not corrected of; (three) ship by parking not according to provides equipped with anti-pollution equipment or anti-dirt equipment exists major defects of port, and handling station of. 55th marine and related units and personnel to any other conduct in contravention of this provision, by the maritime administrative agency in accordance with the People's Republic of China regulations on inland maritime administrative punishment provides for appropriate penalties.
    Constitute a crime, he transferred to the judicial organs according to law.
    56th maritime administrative agency administrative law enforcement officers abuse of power, negligence, malpractice, illegal misconduct, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    The tenth chapter supplementary articles article 57th is the meaning of this provision in the following terms: (a) the inland waters, refers to the People's Republic of China territory available for the navigation of rivers, streams, lakes, reservoirs and other water. (B) the ship, refers to various types of drainage or drainage vessels, boats, rafts, water craft, submersibles, mobile platforms, as well as other mobile devices on the water.
    But does not include a fishing boat and the army, armed police on active duty on board ship.
    (C) the operation, refers to shipping-related activities, including shipping, handling, fuel supply, pollutant receiving as well as ship repair, salvage, dismantling operations activities. (D) the dangerous goods refers to directly or indirectly entering the waters will produce harm living resources, harm to human health, harm fisheries and other lawful activities, damage water quality and to diminish environmental quality and other harmful effects of goods.
    Including as amended by the 1978 Protocol to the 1973 International Convention for the prevention of pollution from ships (MARPOL73/78), annex I, "oil substances list", annex II "bulk noxious liquid substances contained in list" of the substance as specified in accordance with annex III "packaging guidelines for the identification of harmful substances" criteria for the identification of harmful substances. (E) ship waste refers to ships in the daily activities of life of debris, dunnage and stripping material, as well as other solid waste on board.
    Including as amended by the 1978 Protocol to the 1973 International Convention for the prevention of pollution from ships (MARPOL73/78) as defined in annex v of the garbage.
    (F) sanitary sewage, is defined as any type of toilet drain and toilet effluents and other wastes infirmary basin, bath tubs and drainage holes in the premises of the effluent; containing live animals premises in out; or mixed with other wastewater discharges above.
    (G) marine pollutants, refers to shipping related activities causing pollution to the aquatic environment or damaging materials, including oil, oily mixtures, liquid chemicals, cargo residues and packaging hazardous substances, in the form of ballast water, waste gas, noise and so on.
    (H) the hazardous chemicals including explosives, compressed gas and liquefied gas, flammable liquids, flammable solids, Spontaneously Combustible and flammable when wet materials, oxidizers and organic peroxides, toxic and corrosive substances. (I), noxious liquid substances, is discharged into the water body of water resources or human health hazard or damage to the legitimate use of water resources in material.
    Including as amended by the 1978 Protocol to the 1973 International Convention for the prevention of pollution from ships (MARPOL73/78) Schedule II "bulk noxious liquid substances contained in list" set out in the material.
    (J) the special protection area, refers to the people's Government in accordance with the relevant regulations and published all over the areas that need special protection. Article 58th ship related activities or pollution of the water environment, damage to units and individuals have the right to request the parties to cause damage by pollution to pay for the damage.
    Specific compensation measures pursuant to the relevant provisions of the State.
    59th border control activities to give priority to pollution from ships within the waters of international conventions and bilateral agreements.
                                                                        60th these provisions come into force on January 1, 2006.