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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  Chapter I General provisions article to combat marine pollution of the inland water environment and job activities, protection of the inland water environment, according to the People's Republic of China Law on water pollution prevention and control regulations on the safety management of dangerous chemicals and other laws and administrative regulations, this provision is enacted.

The second ship and its operating activities People's Republic of China inland water environment, these provisions shall apply.

Article combating marine pollution of the inland water environment and job activities, prevention, combining prevention with treatment and timely disposal and comprehensive administration principle.

Fourth national ship and its operations, head of transport pollution of inland water environment management.

National maritime safety authority is responsible for the national control of the ship and its operation activities of the inland water environment supervision and management.

Maritime administrative agencies according to their respective rights and responsibilities at all levels, specifically in charge of combat ships in the region and its operation activities of the inland water environment supervision and management.

Chapter II general provisions article fifth vessel pollution prevention structures, equipment, the equipment shall comply with the relevant national specifications, standards, approval of the maritime administrative agency or its accredited Inspection Agency inspection, and in good technical condition.

Vessels of foreign nationality to prevent and control pollution of the structure, equipment, the equipment shall comply with the People's Republic of China concluded or acceded to the relevant international conventions, by the flag State administration or its accredited Inspection Agency inspection, and in good technical condition.

Ship after ship inspection agency inspection may be exempted from processing apparatus equipped with corresponding pollutants, should be noted in the ship inspection certificate.

Sixth ship shall be in accordance with the laws and administrative regulations, and the Transportation Department, as well as People's Republic of China concluded or acceded to the requirements of international treaties, agreements, and carry on board the prevention of pollution from ships of the inland water environment certificate, instrument.

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, through the appropriate professional training, hold a valid certificate of competency and qualification.

Units should organize the units engaged in activities related to job operating personnel pollution prevention skills, use of equipment, operating procedures, safety and emergency response training to ensure workers have the skills and knowledge related to pollution prevention. Article eighth ports, docks, loading and unloading station, as well as on the ship built, water and dismantling units, salvage operations shall be in accordance with the relevant norms and standards, equipped with appropriate pollution prevention facilities, equipment and devices, and in good technical condition.

Same port, port area, work area or adjacent ports unit, through the establishment of joint mechanisms, implement pollution prevention facilities, the unified deployment of the equipment and devices used. Port, dock, loading and unloading stations should receive berthing ship production and business ship pollutants generated in the process.

Ships built on the water, on the water dismantled units, salvage operations, should be dealt with in accordance with the provisions of ship repair, salvage, dismantling of pollutants generated in the process. Nineth 150 gross tonnage and above, oil tankers, barge and of 400 gross tonnage and above non-oil, non-oil barge towed barge of the shipboard oil pollution emergency plan should be developed.

150 gross tonnage tanker oil pollution emergency response procedures should be developed.

150 gross tons and above ship ships carrying noxious liquid substances in bulk shall be formulated in accordance with the provisions of the Ministry of transport of the noxious liquid substances pollution contingency plans on the ship and cargo information instrument, clear procedures and arrangements for emergency management requirements.

400 gross tonnage and above ships carrying noxious liquid substances in bulk ship of the shipboard oil pollution emergency plan can be developed, instead of the noxious liquid substances pollution contingency plan on board and the shipboard oil pollution emergency plan.

Sea transport enterprise shall, for the transport of hazardous properties for dangerous chemicals, developed transport ships hazardous chemical accident emergency rescue plans and transport vessels equipped with adequate, effective emergency rescue equipment and equipment.

Ports, terminals, terminal operators and on the operating unit should be the prevention and control of ships and their operation activities of inland water environment pollution emergency plans, organizations emergency drills at least once a year, and make a record. The tenth special protection waters related to prevention and control of pollution from ships established by law of the inland water environment 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, pollutants from ship reception and treatment facilities should be at the same time.

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.

11th ship or water pollution damage to the environment on the operations concerned, shall bear the liability for pollution damage. By vessel inland waterway transport dangerous chemicals, the owner or operator shall insurance against liability for oil pollution damage insurance or financial guarantees.

Marine pollution liability insurance certificates or financial guarantee certificates shall carry on board a copy of. Through the inland carriage of dangerous chemicals in the vessel owners or operators, commercial insurance set up in the country according to law should be institutions and mutual insurance companies insured ships oil pollution damage liability insurance.

Specific measures shall be formulated separately. 12th marine pollution accident compensation for pollution damage caused by the dispute, the parties may apply to the maritime administrative agency mediation.

In the process of mediation, the party applying for arbitration, initiate litigation to the people's Court or the party withdrew from the mediation, it shall promptly inform the maritime administration, the maritime administrative agency shall terminate the mediation, and to inform the other party. Conciliation, signed by the parties of the civil dispute mediation agreement of pollution accident by ship.

Mediation or conciliation agreement is reached within 3 months, shall terminate the mediation. Chapter III ship pollutant emissions and receive the 13th in inland water navigation, berthing, and operation of the ship, shall not violate laws, administrative regulations, norms and standards and the provisions of the Ministry of transport to inland water discharge of pollutants.

Does not comply with the emission of pollutants from ships by port, dock, load and unload station or any qualified entity to receive treatment.

Forbidden ships to river discharge of noxious liquid substances and residues or containing of ballast water, tank washings or other mixtures.

Marine incinerator in inland waters.

Prohibition of using oil spill dispersants in inland waters.

14th 150 gross tonnage and above, oil tankers, barge and of 400 gross tonnage and above non-oil, non-oil barge towed barge oil operations should be faithfully and regularly recorded in the maritime administrative agency endorsement of the oil record book.

150 gross tonnage of oil tankers, barge and below 400 gross tons of non-oil, non-oil barge towed barge oil operations should be faithfully and regularly recorded in the engine log or the log in.

Ships carrying noxious liquid substances in bulk ships should be about the job situation, specifications documented in the endorsement of a maritime administrative agency in the cargo record book.

Ships after use of the oil record book shall be retained on board the ship the cargo record book for 3 years.

15th 12 metres and above ship garbage placards should be set in accordance with the format requirements, inform the crew and passengers on the waste management requirements. 100 gross tons and above, ships carrying 15 or above the approved personnel and consisting of more than 2 km or ships sailing for more than 15 minutes shall hold the shipping garbage management plan and the endorsement of a maritime administrative agency of the ship's garbage record book, and about the garbage collection process, specifications documented in the shipping of the garbage record book.

The shipping of the garbage record book should be readily available for inspection, and after using it on board for 2 years.

Ship outside the provisions of the second paragraph of this article about the garbage collection process should be recorded in the logbook. 16th prohibits the discharge of garbage from ships into inland waters.

Vessels should be equipped with cover, without leakage, do not spill garbage storage containers or carrying out bags, produced in accordance with the shipping of garbage management plan for waste classification, collection, storage.

Ships containing toxic or harmful substance or any other dangerous substances waste going into port reception facilities or authorize the receiving unit receives for pollutants from ship, shall be provided to the other party in advance of such substances contained in the waste name, nature and quantity of the information.

17th in inland navigation, the vessel, should be used in accordance with the provisions of sound devices, and in accordance with the prevention and control of environmental noise pollution requirements.

18th the fuel used by ships shall comply with the relevant laws and regulations and standards, encourage ships to use cleaner energy.

Ship power plant operation shall not exceed the relevant standard to atmospheric emissions generated by waste gas and produce volatile organic compounds on the ship.

19th ships from affected areas of garbage from ships, ballast water, sewage and other pollutants from ships, when they shall be subject to quarantine and quarantine, who may receive and process.

The 20th ship pollutants pollutants receives job after the completion of the takeover, receiving and processing documents issued by the ship pollutants, and referred to the shore for pollutants from ship-related units received according to regulations. Received documents should be indicated on the job both for pollutants from ship name, start and end time of the job, location, and content such as type and quantity of pollutants, and signed by the ship confirmation.

Ship pollutants from ship to receive documents with the relevant record books should be saved for future reference.

Ships operating in the fourth chapter 21st in water pollution prevention and control on the activity of ships clearing, washing, pollutants receive, your fuel supply, build, salvage, dismantling, pollution cleanup jobs, and other marine and underwater activities, shall comply with the relevant procedures, taking the necessary prevention measures.

Ship in Hong Kong engaged in relevant operations specified in the preceding paragraph, when you start a job, through VHF, telephone or information system to report to the maritime administrative agency, such as working time and job content information.

22nd 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 indicates that the goods in the transport document of the correct name, amount, category, nature, pollution prevention and response measures, and so on.

Used to carry empty containers and transport of dangerous goods component, before it has been thoroughly cleaned or elimination of hazards, should be in accordance with the requirements of the original cargo loaded for transport.

Shipping pollution of unknown nature of goods delivery, the owner or his agent shall be commissioned with the appropriate technical capacity of institutions to carry out dangerous goods classification assessment, determine the conditions for the safe transport and delivery for shipping.

23rd of vessels carrying dangerous goods shall meet the hazards with the contained goods adapted to nature conditions of pollution prevention.

Ship shall carry the pollution of unknown nature of the goods and exceed the relevant standard, single ship limited quantities of the specification requirements of hazardous chemicals.

24th marine transport goods such as diffuse toxic or noxious gases or dust, closure or other protective measures shall be taken.

Engaged in the loading and unloading of goods in the preceding paragraph and transfer operations, working parties shall take measures to recycle toxic gas in the process.

25th dangerous bulk liquid cargo handling operations, working parties shall work to confirm the relevant pollution prevention measures, completed pollution prevention checklist in accordance with regulations, and strict implementation of pollution prevention measures in the process.

26th a ship engaged in the bulk liquid dangerous goods when water transfer operations, shall comply with the relevant rules, in conjunction with the operating units determine the operation of the program, the rational allocation and use of loading and unloading piping and equipment, completed pollution prevention checklist in accordance with regulations, according to the characteristics of goods and practices develop and implement pollution prevention measures. 27th article ship for following job, in Yangtze River, and Pearl River, and Heilongjiang water route job volume over 300 tons and other river waters over 150 tons of, port, and Terminal, and handling station should take including laid surrounding oil bar zainei of anti-pollution measures, which had connection job by had connection job business people is responsible for: (a) bulk lasting sex oil class of handling and had connection job, but ship fuel supply job except; (ii) share is less than 1 (relative Yu water), and solubility is less than 0.1%

Noxious liquid substance in bulk loading and unloading, and transfer operations, (iii) other jobs likely to cause water pollution.

By natural conditions and other reasons, not suitable for laying oil stopped, effective alternative measures should be taken.

28th marine bunker supply operations of the units should be established relating to the prevention and control of pollution management systems and emergency plans, adequate anti-pollution equipment, equipment and qualified personnel.

Engaged in ship fuel for operations, working parties shall work to confirm the relevant pollution prevention measures, completed pollution prevention checklist in accordance with regulations, and strict implementation of pollution prevention measures in the process.

29th engaged in ship fuel for the operation of water fueling stations shall meet the national requirements of pollution prevention technology standard.

Water fuel stations accept refuelling operations shall be in accordance with the dangerous goods transfer operations of the relevant formalities.

Article 30th on the water produced in the process of shipbuilding and related pollutants should be cleared in a timely manner, may not be dumping into the water.

Marine fuel oil tanks, liquid pollutants need to barge in the cargo delivery, storage, shall comply with the dangerous goods transfer operations management requirements.

Built in the dock after the end of the job, work units should be cleaned in dock and clean, after making sure that does not cause pollution, to be sinking dock or open gate.

31st units engaged in ship dismantling on the water in front of the ship scrapping should be required to implement pollution prevention measures to remove contaminants left on the ship to meet job conditions, before dismantling of ships.

Units engaged in ship dismantling on scrapping after the ship dismantling should clear in time, and in accordance with the relevant provisions of the State treatment of pollutants from the dismantling of ships.

Prohibits washed beaches of ship dismantling.

Fifth ship pollution accident emergency 32nd developed by the maritime administrative agency shall cooperate with the local governments of marine pollution emergency plan, emergency response work carried out. 33rd ship pollution accidents shall immediately report to the maritime administrative agency, and start a pollution emergency plan or program, take the appropriate measures to control and eliminate pollution.

After the initial reports, ships should be made according to progress of the pollution accidents to the supplementary report. The maritime administrative agency shall immediately verify the information after receipt of the report, in accordance with the regulations to the higher maritime administrative agency and the local people's Governments at or above the county level report.

The maritime safety authority and the authorities concerned should, under the unified leadership of the local people's Governments and command, according to the Division of responsibilities and corresponding emergency handling. 34th article of pollution accident by ship ships shall, within 24 hours after the accident accident happened to the maritime administrative agency submitted the report on marine pollution accidents.

Due to exceptional circumstances cannot be submitted within the specified time of the marine pollution incident reporting, approval of the maritime administrative agency can properly delayed, but shall not exceed 48 hours.

Ship pollution accident report book should at least including following content: (a) ship of name, and nationality, and callsign or number; (ii) ship all, and business people or management people of name, and address; (three) occurred accident of time, and locations and related meteorological and hydrological situation; (four) accident reasons or accident reasons of preliminary judge; (five) ship Shang pollutants of type, and number, and mount location, profile; (six) accident pollution situation; (seven) emergency disposal situation;

(H) the situation of ship pollution damage liability insurance.

35th danger ship has sunk or 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 report to the maritime administrative agency the ship fuel, dangerous goods and other contaminants, such as the nature, quantity, type, loading position. 36th ship accidents causing or likely to cause pollution of inland waters, the owner or operator shall eliminate pollution.

Not eliminate pollution, the maritime administrative agency can take clear, salvage, towage, pilotage, barge and other measures as may be necessary, charges incurred will be borne by the persons responsible.

Shall bear the costs prescribed in the preceding paragraph of the ships and their owners or operators should be paid before departure-related expenses or provide appropriate financial assurance.

Sixth chapter ship pollution accident survey processing 37th article ship pollution accident survey processing in accordance with following provides organization implementation: (a) major above ship pollution accident by traffic Transport Department Organization survey processing; (ii) major ship pollution accident by national maritime management institutions organization survey processing; (three) larger ship pollution accident by directly under the maritime management institutions or provincial place maritime management institutions is responsible for survey processing; (four) general grade and the following ship pollution accident by accident occurred to maritime management institutions is responsible for survey processing. Greater and below levels of pollution accident by ship of unknown, discovered by accident to the maritime administrative agency responsible for the investigation and treatment.

Accident or incident found across jurisdictions or disputed the jurisdiction of maritime administrative agency, determined by the maritime administrative agency superior joint investigation agency.

38th accident investigation agencies should be timely, objective, impartial nature of accident investigation, examining the accident scene, check the relevant ship, asking people, collect evidence, identify the cause of the accident, finds that responsibility for the accident.

Marine pollution accident investigations should be carried out by at least two investigators.

39th after that evidence may be destroyed or lost or difficult to obtain case, accident investigation agency may, in accordance with antecedent register the appropriate certificates, instruments and materials.

40th of pollution accident by ship into the sorts of evidence including: (a) the documentary evidence, material evidence and audio-visual material, electronic data, (ii) the testimony of a witness, and (iii) the parties ' statements; (iv) expert opinion (v) transcripts, investigative records, field notes, and (vi) other evidence that can prove it. 41st inland water pollution from ships, should take the initiative with accident investigation agency investigation.

Of pollution accident by ship parties and other persons concerned should faithfully reflect the situation and provide information, or forge, conceal, destroy evidence or otherwise impede the investigation.

Of pollution accident by ship parties and other interested persons to provide documentary evidence, material evidence and audio-visual material should be the original original, cannot provide the original and provide a copy of the original non-original original, copy, photo, etc, should be signed; refused to confirm the accident investigation personnel shall indicate the situation.

42nd under any of the following circumstances, accident investigation bodies in accordance with the prescribed procedures organizations at all levels of maritime administration ship pollution accidents investigation and related sectors: (a) the pollution accident accident ship escape, (ii) ships had to sail from Hong Kong on suspicion of pollution accidents, (iii) area pollution sources pollution incident but could not confirm the analyses of suspected of shipping accidents in the past.

43rd commissioned agency investigation and handling of accidents need to be technical appraisal or inspection, testing, accident investigation body should be entrusted with qualification requirements prescribed by the State Agency.

44th accident investigation bodies from the accident investigation within 20 working days from the closing date of certificate of production of pollution accident by ship, and served on the party.

Marine pollution incident report shall set forth the basic situation, the cause of the accident and liability.

Maritime Administration received a marine pollution incident report or within 6 months from the date of discovery of pollution accident by ship impossible to identify sources or unable to find the pollution caused by ships, and approved by the head of investigation and handling of pollution accident by ship agency can terminate the accident investigation, and ship pollution causes indicated in the certificate of the investigation of the accident.

Seventh chapter legal responsibility 45th article violation this provides, has following case one of of, by maritime management institutions ordered corrected, and sentenced 20,000 yuan above 30,000 yuan following of fine: (a) ship over standard to river waters emissions life sewage, and containing oil water,; (ii) ship over standard to atmosphere emissions ship power plant running produced of exhaust; (three) ship in river waters emissions toxic liquid material of residual real or contains this class material of ballast water, and wash class water and the other mixture;

(D) ships in inland waters using incineration (e) does not require the use of oil spill dispersant. 46th article violation this provides 14th article, and 15th article, and 21st article has following case one of of, by maritime management institutions ordered corrected, and sentenced 3000 Yuan above 10,000 yuan following of fine: (a) ship not by provides truthfully records oil class job, and bulk toxic liquid material job, and garbage collection processing situation of; (ii) ship not by provides save oil class record book goods record book and ship garbage record book of; (three) ship in Hong Kong engaged in water Shang ship clear class, and wash class, and pollutants received, and

Fuel supply, build, salvage, pollution response activities, it is not required to report to the maritime administrative agency. 47th article violation this provides eighth article, and 21st article, and 24th article, and 27th article, and 31st article, has following case one of of, by maritime management institutions ordered corrected, and sentenced 10,000 yuan above 30,000 yuan following of fine: (a) port, and Terminal, and handling station and engaged in ship built, and salvage, job activities of units not by provides equipped with pollution control facilities, and equipment and equipment of; (ii) engaged in water Shang ship clear class, and wash class, and pollutants received, and fuel for by, and built, and salvage, and

Pollution clear job activities not comply with operation, not take necessary of control pollution measures of; (three) transport and the handling, and had connection distributed toxic harmful gas or dust material, goods, ship not take closed or other protection measures, handling and had connection job both not take measures recycling toxic harmful gas of; (four) not by provides take laid surrounding oil bar or other control pollution alternative measures of; (five) take rushed Beach way for ship split solutions job of. 48th article violation this provides seventh article, and 20th article, and 25th article, and 26th article, has following case one of of, by maritime management institutions ordered stop violations, and sentenced 5000 Yuan above 10,000 yuan following of fine: (a) engaged in about job activities of units, not organization this units related job personnel for professional training of; (ii) ship pollutants received units not by provides to ship party issued ship pollutants received single card of; (three) engaged in bulk liquid pollution harm goods handling, and had connection job of

, Operations which are not required to fill out pollution prevention checklist and the implementation of pollution prevention measures.

Violation of the provisions of article tenth of the 49th article, the ship does not comply with the relevant special protection waters pollution prevention regulations, standards, the maritime administrative agency shall order to stop the illegal practice, and a fine of 10,000 yuan and 30,000 yuan fine.

50th ship in violation of the provisions of article 23rd carrying pollution hazard of unknown nature of the goods, the maritime administrative agency shall order rectification, and more than 5000 Yuan for ships of less than 20,000 yuan fine.

The 51st ship pollution accidents, not reported or not submitted in accordance with provisions of the marine pollution incident reporting, the ships by the maritime administrative agency fined 20,000 yuan and 30,000 yuan fines; directly responsible for the charge and the other persons sentenced to less than 10,000 yuan and 20,000 yuan in fines.

52nd 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. Eighth chapter supplementary articles article 53rd is the meaning of this provision in the following terms: (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.

Included in the international carriage of dangerous chemicals in bulk structure and regulation of the 17th or marked in chapter 18, list of the types of pollution or temporarily classified as category x, y or z of any substance.

(B) dangerous goods refers to directly or indirectly entering the water, could harm water quality and environmental quality have harmful effects on biological resources, human health and other goods.

(C) special protection waters refers to the people's Governments at all levels in accordance with the relevant regulations and published in nature reserves and drinking water source protected zone, fisheries resources conservation areas, and tourist scenic areas in need of special protection waters.

(D) water refuelling station is fixed in some waters, with fuel storage capabilities, to ship fuel barges or ships.

54th this provisions of the boundary waters of the prevention and control of pollution from ships provisions inconsistent with the China has concluded or acceded to international conventions, agreements, our concluded or acceded to the international conventions and agreements.

Fight military ship, fishing vessel pollution of inland water environment supervision and management, these rules do not apply. 55th article of the regulations come into force on May 1, 2016. 2005 11th, traffic on August 20, 2005, published by the People's Republic of China regulations on the prevention and control of pollution from ships the inland water environment management repealed simultaneously.

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