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Regulations on Disposal of Food Wastes in Chinese Coasts and Loss Prevention Suggestions

Author:admin    Pubdate;:2022-09-20    Visits:848

Chinese Regulations on Disposing Food Wastes

The current effective national standard in China is Discharge Standards for Water Pollutants from Ships (GB3552-2018), came into effective on 1 June, 2018 and replaced the Effluent Standard for Pollutants from Ship (GB 3552-83). GB3552-2018 includes requirements on Noxious Liquid Substances, sewage and food wastes, etc. For more details, please refer to Huatai PNI[2018]11. 

Discharging Requirements 
 
As China is a signatory state to MARPOL Convention, Chinese regulations on food wastes disposal are basically consistent with MARPOL Convention. The specific requirements are as follows:  
If the ship is not less than 3 nautical miles from the nearest land, food wastes shall be discharged into reception facilities. If the ship is 3 to 12 nautical miles from the nearest land, food wastes can be discharged only if they have been passed through a comminuter or grinder and such comminuted or ground food wastes shall be capable of passing through a screen which openings no greater than 25mm. Food wastes can be discharged if the ship is over 12 nautical miles away from the nearest land. 
 
“The nearest land” refers to the nearest territorial sea baselines.
 
Administrative Penalties 
 
According to Article 73(1) and (2) of Marine Environment Protection Law of the People's Republic of China, discharging into sea any sea pollutants or any other substances the discharge of which is prohibited by this law, fine of not less than RMB 30,000 yuan but not more than 200,000 yuan shall be imposed. If failing to discharge pollutants into the sea in accordance with the provisions of this Law, or discharging pollutants in excess of standards or total discharge volume control indicators, a fine not less than 20,000 yuan but not more than 100,000 yuan shall be imposed.
 
According to Article 38 (1) and (2) of Provisions of the People's Republic of China on Marine and Maritime Administrative Penalties, discharging to the coastal waters pollutants or other materials whose discharge is prohibited by the Marine Environment Protection Law, a fine of not less than RMB 30,000 yuan but not more than 200,000 yuan shall be imposed. Not complying with the Marine Environment Protection Law when discharging pollutants to the sea, or discharging pollutants beyond standards, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed. 
 
No Discharge Area that are Easily Overlooked 
 
Territorial Sea Baselines Announced by Chinese Government 
 
The nearest distance permitted for discharge shall be calculated from the baselines of the territorial sea published by the Chinese Government, not from the distance of the ship to land. For the coordinates of the baselines of the territorial sea published by the Chinese Government, please refer to the annex. The sketch map is as below for illustration.


The Bohai Sea
 

Baselines for the Bohai Sea waters have not been announced. However, based on Love Fleet's experience in handling such cases, China MSA, when enforcing the regulations, considers that west to the connecting line between west corner of Lao Tie Shan and Penglai Jiao (the red dotted line in the figure below) is China's internal water, where all wastes from ships are forbidden to discharge.


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