NAMEPA ANNUAL CONFERENCE 2015

I also want to give a special thank you to Dr. Nikos Mikelis, of Mikelis Consulting. His hard work pertaining to the necessity of globally acceptable port waste reception facilities, while he was working with IMO was a great help to me in developing this presentation.

MARPOL (International Convention for the Prevention of Pollution from Ships) was established, amongst other things, to prevent the pollution of the marine environment by discharges into the sea of harmful substances, or effluents containing such substances, from ships. The term “harmful substance” is defined in Article 2 of the Convention as meaning “any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes and substance subject to control by the present convention.”* *Special thanks to Dr.Nikos Mikelis

Two ducks stand amidst a heap of plastic trash floating through the ocean. Pollution spill, South Florida’ and even untreated sewage into s heavy rains can push toxic runoff and even untreated sewage into public waterways, where it eventually finds its way to the Atlantic Ocean.

Adequate - ad·e·quate : Sufficient for a specific requirement; also: barely sufficient or satisfactorySufficientsatisfactory : Lawfully and reasonably sufficient

What is an adequate port waste facility? MEPC 42 in 1998 agreed to that, to achieve “adequate reception facilities”, the port should have regard to the operational needs of users and provide reception facilities for the type and quantities of waste from ships normally using the port without causing undue delay for the ships. MEPC 44 in 2000 adopted resolution MEPC 83(44) which stated that adequate facilities can be defined as those which: Mariners use Fully meet the needs of the ships regularly using them Do not provide mariners with a disincentive to use them Contribute to the improvement of the marine environment Meet the needs of the ships normally using the port Allow for the ultimate disposal of ships’ wastes to take place in an environmentally appropriate way* *Special thanks to Dr.Nikos Mikelis

Accepts: Solid Waste Oily waste, Bilge & Sludge (SLOPS) Common Universal Hazardous Waste Residual Cargo’s and Wash Water Sounds Simple, Just pick up the trash!

Problems and Issues Terminals and Ports # 1 – Perception of Liability / Safety #2 – Focus on Cargo Operations #3 – Do not perceive as their Problem. #4 – Lack of Understanding the Regulations #5 – Dock Logistics (Length, No Crane Use, Cargo Dangers)

Problems and Issues Vessel Management #1 – Sometimes language barriers #2 – Lack of notice given to vendor to prepare #3 – Lack of Coordination with other vendors #4 - Inaccurate volume descriptions #5 – Unable to properly vet vendors

Waste Reception Vendors Problems and Issues #1 – Lack of proper equipment, and trained personnel (to small to be effective) #2 – No real vetting process, not easy to know who has all proper permits #3 – No continuity of service, again to small #4 – Not always focused on maritime service, have other core business concerns #5 – They don’t always know the terminals that they are working in.

Problems and Issues Governmental Supervision #1 – Short Staffed, more reactive not proactive #2 - Designed for oversight, not really for set up for establishment #3 – Not always consistent with interpretation of regulations.

A Little History 15 Years ago – No TWIC Cards, No Gate Lists, Very little governmental oversight. What caused the changes – 9/11, and a small percentage of bad service providers, Bad Actors, and environmental catastrophes? BP Gulf of Mexico Oil spill, Marine Waste Services (Houston) North Korean Pine Bark Beatle, Zebra Mussels (Great Lakes), Raspberry Ants 15 years later – Service Providers must have a TWIC Card, Security is much tighter at the terminal gates, and service providers are now under a much tighter regulatory scrutiny. What is the result ? CHANGE!!!!

What are the economics of compliance, VS Non-compliance? The United States is the leading country in enforcing MARPOL, a widely accepted maritime environmental treaty to which the United States is a party, but to which there is widespread non-compliance. MARPOL was implemented in United States law by the Act to Prevent Pollution from Ships (APPS). ECS has been actively involved training law enforcement officials in the United States and abroad as a result of its MARPOL enforcement. United States criminal prosecutions have resulted in cases against key segments of the commercial maritime industry, including cruise ships, container ships, oil and chemical tankers, and bulk cargo vessels. Over the past ten years, the criminal penalties imposed in vessel pollution cases have totaled over $200,000,000 and responsible shipboard officers and shore-side officials have been sentenced to more than 17 years of incarceration.

Solving the Problem Get Everyone to the Table

What really are the rolls of the various participants? The Terminal Operators The Vessel Owners, Operators, and Agents The Environmental Service(s) Providers Governmental Authorities Federal State

Topics of Discussion #1 – Develop Waste Handling Plan A) Budget a) How to develop facilities with everyone input b) Why their may need to be financial responsibility sharing in some cases or actual contracts with vendors. i) Need financial institutions to indorse if all is left to vendors. This means trimming receivables and contracts, or terminal upgrades. c) Regulations i) How do we take a stand as a group to pursue changes that make it easier on everyone. yet provide our authorities with sufficient oversight.

My Vision

Get everyone talking about Solutions! Better Terminal Access and Waste Reception / Vessel Services Designs Better State and Federal communications coordinating regulatory authorities Stronger incentives for contractual relationships with owners and vessels Barge sharing barge service calls Setting up better liquid reception facilities.

We must all find our way to the table. Namepa is the perfect venue. Lets all work to build this venue. Terminals, venue. Lets all work to build this venue. Terminals, Government, vessel owners & operators, and service providers