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 2008/98/EC on Waste
• The Waste (Scotland) Regulations 2011

The European Parliament introduced a new Directive, 2008/98/EC, on waste and repealing certain Directives. The Directive lays down measures 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 efficiency of such use.

The 2011 Scotland Regulations make a number of amendments to a variety of Scottish waste legislation to transpose aspects of Directive 2008/98/EC on waste into Scottish law.

• 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.

Operations giving rise to 'oil contaminated fluids' include well clean-up, cementing, mud pit cleaning and operations where well bore fluids become contaminated with oil based mud, crude oil or condensate. In addition, fluids from rig floor drains and other tank cleaning operations could also be included.

Backloading of slops must meet the requirements of MCA and HSE Guidance Notes:

Good Practice for the Carriage of Oil Contaminated Cargoes for Transportation by Offshore Supply Vessel (PDF)

Marine Guidance Note (MGN 283(M)) Dangerous Goods - Guidance on the Back Loading of Contaminated Bulk Liquids from Offshore Installations to Offshore Supply/Support Vessels.

HSE Safety Notice Bulletin Number OSD 3-2010

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.

Materials lost or dumped at sea can constitute a significant hazard to other users of the sea and to the marine environment. In order to ensure that any major hazards resulting from the loss or dumping is brought to the attention of other users of the sea, via the authorities responsible for the marine environment, all loss or unregulated dumping of solid materials at sea from offshore oil and gas installations must be notified using a PON2 form.

The PON2 proforma must be used to notify DECC/MCA/SFF and NFFO as quickly as possible and no later than 6 hours after the loss or the dumping. Contact details are provided on the PON2 proforma.

Further information on how to complete the PON2 form, timing of reporting and post reporting follow-up can be found in the DECC PON2 Guidance.

The preference is that the PON2 proforma is sent electronically by email but fax copies can be sent in the event that electronic communications are not functioning. Contact details are available on the PON2 form.

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.

None at present