Waste - Handling of Waste Offshore

• International Convention for the Prevention of Pollution from Ships (MARPOL) 1973 Annex V, as amended

Annex V: Prevention of pollution by garbage from ships (entered into force December 1998). Deals with the different types of garbage and specifies the distances from land and the manner in which they may be disposed of. The Annex also designates Special Areas (including the North Sea) where the disposal of any garbage is prohibited except food wastes. The dumping of plastics at sea is also prohibited by this Annex.

• The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

Annex V to MARPOL 73/78 was initially implemented in the UK through the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998. Since then there have been some significant amendments to this Annex. Therefore, these new Regulations replace the existing legislation and bring it into line with the current version of Annex V.

The amendments made to Annex V are minor but include the prohibition of disposing into the sea of incinerator ashes from plastic products as they may contain toxic or heavy metal residues, as well as some changes to the form of the garbage record book.

• Petroleum Operations Notice 2

This notice underlines the prohibition of disposal of garbage overboard with particular emphasis on the safety aspects of overboard loss of synthetic materials and materials such as oil drums and heavy objects. It requires that special precautions are taken to prevent the loss of such materials and in the event of loss every reasonable attempt should be made to recover them (also see Dropped Objects).

Other supporting legislation although not strictly applicable offshore is:

• EC Framework Directive on waste 75/442/EEC as amended by EC Directive 91/156/EEC

The most important of the Directives adopted on waste is the 1975 "Framework" Directive which established general rules for waste management. This has been amended by the 1991 Directive. An important objective of the Directive is to ensure "that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without (a) risk to water, air, soil, plants or animals; (b) causing nuisance through noise or odour; or (c) adversely affecting the countryside or places of special interest. Great emphasis is placed on the prevention, reduction, reuse and recycling of waste and on the use of waste as a source of energy.

• Environmental Protection Act 1990, Part 2 (Duty of Care)
• Environment Protection (Duty of Care) Regulations 1991

Under these Regulations any person who imports, produces, carries, keeps, treats or disposes of controlled waste has a duty to take all reasonable steps to ensure that their waste is handled lawfully and safely.

• Controlled Waste Regulations 1992 (as amended)
• Special Waste Amendment (Scotland) Regulations 2004
• Hazardous Waste (England and Wales) Regulations 2005

This legislation does not strictly apply offshore. However, because the offshore disposal of garbage is prohibited then all wastes must be transferred to shore for disposal. Once onshore, the wastes must meet the requirements of onshore legislation when being disposed. These regulations must therefore be considered offshore to allow onshore requirements to be met.

The Hazardous Waste (England and Wales) Regulations 2005 entered into force on 16 July 2005 and replace the Special Waste Regulations in England and Wales. There are a number of significant changes (e.g. the need to register as a hazardous waste producer), however offshore installations are largely exempt, and the majority of changes will be absorbed by waste contractors.

• EU Directive on packaging waste (94/62/EC)
• EU Directive on the landfill of waste (99/31/EC)

Requires responsible waste handling, disposal and recovery operations are employed that do not harm the environment. Emphasis on the reduction of packaging waste and the recycling and reuse of materials. Responsibility for waste rests with the waste producer and everyone who handles it right through to final disposal or reclamation.

• Producer Responsibility Obligations (Packaging Waste) Regulations 2007
• The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008

Requires responsible waste handling, disposal and recovery operations are employed that do not harm the environment.  Emphasis on the reduction of packaging waste and the recycling and reuse of materials.  Responsibility for waste rests with the waste producer and everyone who handles it right through to final disposal or reclamation.

Also see Onshore Waste Disposal and Waste Minimisation

• PON2 Guidance Document - Loss or dumping of synthetic materials or other refuse at sea
• MGN 385 (M+F) Guidance on the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008
• MSN 1807 (M+F) The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 provide a general prohibition against the overboard disposal of all types of garbage waste from vessels and offshore installations (other than ground food wastes where the installation is more than 12 miles from the nearest land). No specific licence is therefore required by the offshore installation for garbage generation or handling.

Every vessel and offshore installation must have a Garbage Management Plan which is written in accordance with the guidelines set out in Merchant Shipping Notice MSN No. 1807 (see Guidance). In addition, procedures for collecting, storing, processing and disposing of garbage must be provided including procedures for the use of any equipment onboard.

Every vessel and offshore installation must have a Garbage Record Book. This can either be part of the ship’s official log book or in the form specified in Merchant Shipping Notice MSN No. 1807 (see Guidance). However, the Merchant Shipping Notice states that the manifest record of garbage passed to supply vessels for shipment ashore is acceptable in lieu of a Garbage Record Book.

Transfer Notes are required for the transfer of waste to shore. If waste is hazardous, the Special Waste Regulations (Scotland) or the Hazardous Waste Regulations (England and Wales) will apply and Consignment Notes are required.

Most offshore installations will have their own form of transfer paperwork so in general terms the following is needed

• An accurate written description of the types and quantities of waste being transferred. It is important that this note accurately describes the waste as the description will provide the basis for the waste transfer note that will be prepared onshore for onward carriage and disposal of the waste (a legal requirement); and
• The waste containers must be labelled according to their contents and to meet the requirements of the International Maritime Dangerous Goods Code (if Special Waste).

(see Transfer of Controlled Waste and Transfer of Special Waste for more detail)

The Transfer Note can be completed either by the waste producer or the importer. However, it is the waste producer who will have the information regarding the waste in order to complete the Transfer Note. It is therefore standard practice for the platform or rig to complete the Transfer or Consignment Note as far as possible and to pass this on to the waste importer (e.g. supply vessel) for completion when waste is transferred onshore.

The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998 provide a general prohibition against the overboard disposal of all types of garbage waste from offshore installations (other than ground food wastes where the installation is more than 12 miles from the nearest land).

DECC encourage operators to take action to avoid the loss or and prevent the dumping of synthetic materials and other persistent refuse at sea. This includes materials such as oil drums, lengths of wire, fishing lines, ropes, seismic cables, fishing nets and other heavy objects.

Petroleum Operations Notice 2 details advice on the disposal of persistent wastes. It states: “Special precautions should be taken to prevent the loss of such materials and articles mentioned above. In the event of the loss of such materials and articles overboard or when being towed, every reasonable attempt should be made to recover them”. Any loss or unregulated dumping of solid materials at sea from offshore oil and gas installations must be notified using a PON2 form see Reporting.

In addition to these specific offshore regulatory requirements, the necessity to transfer waste onshore has implications for ensuring that the transfer is done in such a way that onshore regulations can be met. In particular, offshore duties include:

• Waste segregation to allow correct disposal according to waste type. Mixed wastes (e.g. inert/scrap metal/biodegradable) are not allowed and mixing of different categories of Special/Hazardous Waste is prohibited. Mixing of non-Special/Hazardous Waste and Special Waste is prohibited. Segregation requirements also enable recycling or reuse of waste as far as possible.
• Safe stowage of waste to prevent loss or leakage on platform and during transit;
• Correct identification of waste and provision of accurate waste description in paperwork accompanying waste to shore (see Transfer of Controlled Waste or Transfer of Special Waste as appropriate);
• Accurate preparation of correct waste disposal paperwork and signing of paperwork prior to onward transfer; and
• Appropriate and accurate labelling of waste receptacles as appropriate to waste.

None

See Consent Requirements.

Waste production data for offshore facilities must be reported under EEMS by completing the waste EEMS Form that can be downloaded from the EEMS Website.

Reports must be submitted on a monthly basis.

Reports to be submitted electronically to the EEMS website.

An inspector may inspect any offshore installation to which these regulations apply to determine if the crew are familiar with the procedures for preventing pollution by garbage.

Any breach of the requirements to display placards that notify the crew of their obligations and prepare a Garbage Management Plan shall be an offence on the part of the installation manager that is punishable with a fine not exceeding the statutory maximum.

Disposal overboard of garbage is an offence of both the owner and installation manager and can result in a fine of up to £25,000.

Incorrect onshore disposal of waste due to mis-segregation offshore can result in prosecution, as the waste producer has the "Duty of Care" to ensure waste is transferred and disposed of properly.

Consultation on the consolidation of Waste Management Licensing Regulations

The Scottish Government has launched a consultation on the consolidation of Waste Management Licensing Regulations and associated amendments. The exercise also incorporates proposals for the transposition of the revised Waste Framework Directive and amendments relating to waste carriers legislation. Contact for further information. Consultation closes 2 March 2010.

Draft guidance is now available on a consultation process which is examining the legal definition of waste and its application. It aims to help businesses and other organisations take the right decisions about the classification of substances as waste, particularly in the more difficult cases. View draft guidance.

The Maritime and Coastguard Agency introduced the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 at the end of last year. Unfortunately several drafting errors were identified by the MCA after the Regulations were published.

Therefore, an amending Statutory Instrument was required to rectify these errors and the Maritime and Coastguard Agency are seeking views on the proposed amending Regulation. The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2009.

As these regulations have previously been subject to extensive consultation hence the consultation will be for a shortened period of 8 weeks. The 8 week consultation process closed on Tuesday 22nd September 2009.

A revised European Waste Framework Directive (WFD) will be in force by December 2010. The objective of the WFD is: ‘.. to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use.’ See Consultation Document.

DEFRA is undertaking a consultation on a Revised Waste Duty of Care Code of Practice. The revised Code has been tailored to the specific role of the waste holder, so that wherever he or she is in the waste management chain, clear, practical guidance is available which enables them to discharge their responsibilities under the law. The objective of the revised Code is to increase compliance with the duty, reduce inadvertent breaches and increase the quality of information passed between holders. This is not a consultation on the Duty of Care itself. Apart from some minor changes to the paperwork requirements which are planned for late 2009/early 2010, there are no substantive alterations to the Duty itself. This consultation concerns the revised Code of Practice and the extent to which it offers clear, fit for purpose and practical guidance to holders of waste. The consultation will close on 24 July 2009. See News and Consultations.

The programme includes specific actions to improve waste legislation in Scotland; a system for electronic registration of waste management licensing exemptions guidance and advice. A significant redesign of SEPA’s website is underway which should result in easier access to waste information. A significant output from the programme will be the consolidation of approximately 20 pieces of legislation relating to waste management licensing into one piece of legislation. The Scottish Government has already started this work. In focussing on waste, SEPA hopes to be able to target illegal operators with greater effectiveness.

Scotland's Zero Waste Plan: Consultation

The Scottish Government has adopted Zero Waste as a goal for Scotland. This means eliminating unnecessary use of raw materials; sustainable design; resource efficiency and waste prevention. View Scotland's Zero Waste Plan: Consultation.

There is a UK commitment to cut landfill of biodegradable waste to landfill by two thirds with a target date of 2020. This suggests a diversion of 33 million tonnes a year to other waste management methods. In the past, this has involved considerable reliance upon waste to energy through incineration.

Packaging Strategy

There is currently a consultation on implementing an updated UK Packaging Strategy ‘Making the most of Packaging’. The intention is to further improve on packaging management and examine options for increasing the amount of packaging which is recovered and recycled. See Consultation Documents.

DEFRA has a ‘first stage’ consultation in place on whether the introduction of further restrictions on the landfilling of biodegradable and recyclable wastes is required. The consultation is aimed at waste producers, in particular those disposing of waste to landfill. View consultation.