The implementation of Marpol 73/78 sewage discharge requirement in Ukraine is embodied in Ukraine’s local regulation, in which the discharge conditions are as following:
- Within 4 nautical miles from land: no discharge is allowed except from approved treatment plant certified by the flag state authority or authorized classification society.
- Between 4 and 12 nautical miles: no discharge is allowed except from approved treatment or approved system for comminuting and disinfecting sewage certified by the flag state authority or Classification Society.
A valid International Sewage Pollution Prevention Certificate is a compulsory but not sufficient. In Ukraine, the officer of the State Inspection for Protection of the Azov and Black Sea (SIPABS) has the right to make final judgment on whether effluent sewage water meets permissible pollutant concentration.
However, there were allegations that SIPAB’s officers alleged judgments without discharge sewage tests by following appropriate procedures or tests in accordance with the GUIDELINES ON IMPLEMENTATION OF EFFLUENT STANDAREDS AND PERFORMANCE TESTS FOR SEWAGE TREATMENT PLANTS (IMO 592)
It is very easy for SIPAB to make a claim against the ships and ask the ship to pay, otherwise the ship will be detained until the provision of bank guarantee as a financial security. No any letter of undertaking is acceptable. In order to release the ship to avoid potential loss which might be overwhelming the claim amount, shipowners might agree to pay without any contesting. SIPABS will issue “Resolution on imposing administrative fine” at about 150 USD which is followed by a pollution claim calculated on the basis USD 140 per one cubit meter. The claim amount is greatly increased when a ship is bound to any Azov sea ports. Also the situation is aggravated in winter when ships are waiting for ice convoy, SIPABS might take the punishable period for alleged sewage pollution amount to 15-20days.
The same may happen when ship collects sewage into a non-approved by Flag Administration holding tank that meets not the requirements of Reg.3 Annex IV.
Recommendations to minimize exposure to sewage pollution fines and penalties:
- Securely Lock Sewage overboard discharge valves, and document such closing when entering 12 nautical miles zone of the Black Sea
- Use holding tank(s) which can store intended sewage output at the daily rate of 200 liters per crewmember, such tank(s) should have a pipeline in order to discharge sewage collected to the reception facility , since such discharge to port reception facility if a mandatory pre-departure requirement
- Upon any event or SIPAB’s initial notification of violation, the master should
- inform owners and local Club’s correspondent ASAP
- not to accept any liability
- any such claim shall be protested by means of a statement of objections effected on the claim documents issued by SIPABS
- Require in writing a joint sampling/test to be carried out.
