Statutory Instrument 1996 No. 2154
The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 - continued

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PART IV

REQUIREMENTS FOR THE SEGREGATION OF CARGO
    Interpretation of Part IV
        17.—(1)  Notwithstanding the provisions of regulation 1(2), for the purposes of this Part a "new oil tanker" means an oil tanker—
       (a) for which the building contract was placed after 1st June 1979; or
       (b) in the absence of a building contract, the keel of which was laid, or which was at a similar stage of construction after 1st January 1980; or
       (c) the delivery of which was after 1st June 1982; or
       (d) which has undergone a major conversion—
         (i) for which the contract was placed after 1st June 1979; or
         (ii) in the absence of a contract, the construction work of which was begun after 1st January 1980; or
         (iii) which was completed after 1st June 1982,
    except that, for oil tankers of 70,000 tons deadweight and above, the definitions in regulation 1(2) shall apply for the purposes of regulation 18(1).

        (2)  For the purposes of regulations 18, 21, 22, 23, 26(5) and 26(6) an "existing oil tanker" means an oil tanker which is not a new oil tanker as defined in paragraph (1).
    General application New tankers of 20,000 tons deadweight and above
        18.—(1)  Every new crude oil tanker of 20,000 tons deadweight and above and every new product carrier of 30,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with paragraphs (2), (3) and (4), and (5) if appropriate.

        (2)  The capacity of the segregated ballast tanks shall be such that the ship can operate safely on ballast voyages without recourse to the use of cargo tanks for water ballast except as provided for in paragraph (3) or (4):
      Provided that the capacity of the segregated ballast tanks shall be at least such that, in any ballast condition at any part of the voyage, including the condition consisting of lightweight plus segregated ballast only, the ship's draughts and trim can meet each of the following requirements—
         (a) the moulded draught amidships (dm) in metres (without taking into account any ship's deformation) shall not be less than 2.0+0.02L;
         (b) the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm) as specified in subparagraph (a), in association with the trim by the stern of not greater than 0.015L; and
         (c) in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller.

        (3)  In no case shall ballast water be carried in cargo tanks, except—
       (a) on those voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship;
       (b) where the particular character of the operation of an oil tanker renders it necessary to carry ballast water in excess of the quantity which may be carried in segregated ballast tanks under paragraph (2), provided that the Marine Safety Agency has approved that method of operation.
    Any such additional ballast water shall be processed and discharged in accordance with the requirements of regulations 13 and 15 and an entry of the discharge shall be made in the Oil Record Book.

        (4)  In the case of new crude oil tankers, the additional ballast permitted by paragraph (3) shall be carried only in cargo tanks that have been crude oil washed in accordance with regulation 21 before departure from an oil unloading port or terminal.

        (5)  Notwithstanding the provisions of paragraph (2) the capacity of the segregated ballast tanks for new oil tankers less than 150 metres in length shall be as may be determined by the Secretary of State.

        (6)  Every new crude oil tanker of 20,000 tons deadweight and above shall be fitted with a cargo tank cleaning system using crude oil washing. This system shall fully comply with the requirements of regulation 21 within one year after the tanker is first engaged in the trade of carrying crude oil or by the end of the third voyage carrying crude oil suitable for crude oil washing, whichever occurs later. Unless an oil tanker carries crude oil which is not suitable for crude oil washing, it shall operate the system in accordance with regulation 21.
    Existing crude oil tankers of 40,000 tons deadweight and above
    (7)  Subject to the provisions of paragraphs (8) and (9) and to the provisions of regulations 22 and 23, every existing crude oil tanker of 40,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3).

        (8)  Subject to regulations 22 and 23, existing crude oil tankers of 40,000 tons deadweight and above may, in lieu of being provided with segregated ballast tanks, operate with a cargo tank cleaning procedure using crude oil washing in accordance with regulation 21 unless the crude oil tanker is intended to carry crude oil which is not suitable for crude oil washing.
    Existing product carriers of 40,000 tons deadweight and above
    (9)  Subject to regulation 22, every existing product carrier of 40,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3) or, alternatively, operate with dedicated clean ballast tanks in accordance with the provisions of regulation 20.
    An oil tanker described in the IOPP or UKOPP certificate as a segregated ballast oil tanker
    (10)  Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraphs (1), (7) or (9) may be described in the IOPP or UKOPP Certificate as a segregated ballast tanker if it complies with the requirements of paragraphs (2) and (3), or paragraph (5) if appropriate.
    Protective location of segregated ballast spaces
        19.    In every new crude oil tanker of 20,000 tons deadweight and above and every new product carrier of 30,000 tons deadweight and above, the segregated ballast tanks required to provide the capacity to comply with regulation 18 which are located within the cargo tank length shall be arranged, in accordance with the requirements of Schedule 1 in Merchant Shipping Notice No 1643/MARPOL 1 to provide a measure of protection against oil outflow in the event of grounding or collision.
    Requirements for oil tankers with dedicated clean ballast tanks
        20.—(1)  An oil tanker operating with dedicated clean ballast tanks in accordance with the provisions of regulation 18(9) shall have adequate tank capacity, dedicated solely to the carriage of clean ballast to meet the requirements of regulations 18(2) and (3) as those provisions apply to segregated ballast tanks.

        (2)  The arrangements and operational procedures for dedicated clean ballast tanks shall comply with the requirements of Specifications for Oil Tankers with Dedicated Clean Ballast Tanks.

        (3)  An oil tanker operating with dedicated clean ballast tanks shall be equipped with an oil content meter approved in accordance with the specification for such equipment set out in the Recommendations on International Performance and Test Specifications for Oily Water Separating Equipment and Oil Content Meters, so as to permit supervision of the oil content in the ballast water being discharged.

        (4)  Every oil tanker operating with dedicated clean ballast tanks shall be provided with a dedicated Clean Ballast Tank Operation Manual detailing the system and specifying operational procedures. This Manual shall be approved by the Marine Safety Agency and shall contain all the information set out in the Specifications referred to in paragraph (2). If an alteration affecting the dedicated clean ballast tank system is made, the Operation Manual shall be revised, and the revision approved by the Marine Safety Agency.
    Requirements for crude oil washing
        21.—(1)  Every crude oil washing system required to be provided in accordance with regulation 18(6) and (8) shall comply with the requirements of this regulation.

        (2)  The crude oil washing installation and associated equipment and arrangements (including qualification of personnel) shall comply with the requirements and specifications set out in Specifications for the Design, Operation and Control of Crude Oil Washing Systems.

        (3)  With respect to the ballasting of cargo tanks, sufficient cargo tanks shall be crude oil washed prior to each ballast voyage to ensure that, taking into account the tanker's trading pattern and expected weather conditions, ballast water will be put only into cargo tanks which have been crude oil washed.

        (4)  Every oil tanker operating with crude oil washing system shall be provided with an Operations and Equipment Manual describing the system and equipment in detail and specifying the operational procedures to be followed. This Manual shall be approved by the Marine Safety Agency and shall contain all the information set out in Specifications referred to in paragraph (2). If any alteration is made affecting the crude oil washing system the Operations and Equipment Manual shall be revised, and the revision approved by the Marine Safety Agency.
    Existing oil tankers engaged in specific trades
        22.—(1)  Subject to the provisions of paragraph (2) regulations 18(7), (8) and (9) shall not apply to an existing oil tanker engaged solely in specific trades between—
       (a) ports or terminals within a Convention Country; or
       (b) ports or terminals between two or more Convention Countries, where—
         (i) the voyage is entirely within a Special Area as defined in regulation 16(1); or
         (ii) the voyage is entirely within other limits designated by the Secretary of State.

        (2)  The provisions of paragraph (1) shall apply only when the ports or terminals where the cargo is loaded on such voyages are provided with reception facilities adequate for the reception and treatment of all the ballast and tank washing water from oil tankers using them and all the following conditions are complied with—
       (a) subject to the exceptions provided for in regulation 11, all ballast water, including clean ballast water, and tank washing residues shall be retained on board until they are transferred to the said reception facilities, and the entry relating to the transfer in the Oil Record Book referred to in regulation 10 shall be endorsed by a competent authority appointed by the Convention Country;
       (b) agreement has been reached between the Secretary of State and the Governments of the Convention Country or Countries referred to in subparagraph (1)(a) or (b) on the use of an existing oil tanker for such a trade;
       (c) the adequacy of reception facilities (in accordance with any Regulations relating to reception facilities) at the ports or terminals referred to above, shall be approved by the governments of the Convention Countries within which those ports or terminals are situated; and
       (d) the IOPP Certificate has been endorsed to the effect that the oil tanker is solely engaged in such specific trade.

    Existing oil tankers having special ballast arrangements
        23.—(1)  Where an existing oil tanker of 40,000 deadweight tons and above is so constructed or operates in such a manner that it complies at all times with the draught and trim requirements set out in regulation 18(2) without recourse to the use of ballast water, it shall be deemed to comply with the segregated ballast tank requirements referred to in regulation 18(7), provided that all the following conditions are complied with—
       (a) the operational procedures and ballast arrangements have been approved;
       (b) when the draught and trim requirements are achieved through an operational procedure, agreement as to the use of that procedure has been reached between the Secretary of State and the Governments of the Convention Countries concerned;
       (c) the IOPP Certificate has been endorsed to the effect that the oil tanker is operating with special ballast arrangements.

        (2)  In no case shall ballast be carried in cargo oil tanks except on those voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship. Such additional ballast water shall be discharged in in compliance with regulation 13 and 15 and the discharge of such water shall be entered in the Oil Record Book.
    Segregation of oil and water ballast and carriage of oil in forepeak tanks
        24.—(1)  Except as provided in paragraph (2), in new ships of 4,000 GT and above other than oil tankers, and in new oil tankers of 150 GT and above, no ballast water shall be carried in any oil fuel tank.

        (2)  Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary for ships referred to in paragraph (1) to carry ballast water which is not clean ballast water in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with regulation 12 using the equipment specified in regulation 14(2), and the discharge shall be entered in the Oil Record Book.

        (3)  All other ships shall comply with the requirements of paragraph (1) so far as it is reasonable and practicable to do so.

        (4)  In a ship of 400 GT and above for which the building contract is placed after 1st January 1982 or, in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1st July 1982, oil shall not be carried in a forepeak tank or a tank forward of the collision bulkhead.

        (5)  All ships other than those subject to paragraph (4) shall comply with the provisions of that paragraph, so far as it is reasonable and practicable to do so.
    Tanks for oil residue (sludge)
        25.—(1)  Every ship of 400 GT and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery installed and length of voyage, to receive any oily residues (sludges) which cannot be dealt with in accordance with the requirements of these Regulations, such as those resulting from the purification of fuel and lubricating oils and oil leakages in the machinery spaces.

        (2)  In new ships, such tanks shall be designed and constructed so as to facilitate their cleaning and the discharge of residues to reception facilities. Existing ships shall comply with this requirement so far as it is reasonable and practicable to do so.

        (3)  Every ship to which this regulation applies shall be provided with piping to enable residues from machinery spaces and machinery space bilges to be pumped to a reception facility. This piping shall be led to the open deck and there fitted with a flange in accordance with dimensions given in Schedule 2 in Merchant Shipping Notice No 1643/MARPOL 1.

        (4)  Piping to and from sludge tanks shall have no direct connection overboard other than the discharge connection required by paragraph (3).
    Pumping, piping and discharge arrangements of oil tankers
        26.—(1)  In every oil tanker, a discharge manifold for the discharge of dirty ballast water or oil contaminated water to reception facilities shall be located on the open deck on both sides of the ship.

        (2)  In every oil tanker, pipelines for any discharge to the sea of ballast or oil contaminated water from cargo tank areas which may be permitted under regulations 12, 13 or 16 shall be led to the open deck or to the ship's side above the waterline in the deepest ballast condition, or, subject to the approval of the Marine Safety Agency, below the waterline—
       (a) to enable such discharges below the waterline as are permitted by paragraph (6) to be made; and
       (b) where the discharge outlet is located above the departure ballast waterline but not above the waterline in the deepest ballast condition, if so located before 1st January 1981.

        (3)  In new oil tankers, means shall be provided for stopping the discharge into the sea of ballast water or oil contaminated water from cargo tank areas, other than those discharges below the waterline permitted under paragraph (6), from a position on the upper deck or above, and so located that the manifold referred to in paragraph (1) and the discharge to the sea from the pipe lines referred to in paragraph (2) may be visually observed. The means for stopping the discharge may be situated elsewhere than at the observation position if an effective communication system, such as a telephone or radio system, is provided between the observation position and the discharge control position.

        (4)  Every new oil tanker required to be provided with segregated ballast tanks or fitted with a crude oil washing system shall comply with the following requirements—
       (a) it shall be equipped with oil piping so designed and installed that oil retention in the lines is minimised;
       (b) means shall be provided to drain all cargo pumps and all oil lines at the completion of cargo discharge where necessary by connection to a stripping device, so designed that the line and pump drainings shall be capable of being discharged both ashore and to a cargo tank or a slop tank. For discharge ashore a special small diameter line shall be provided and connected outboard of the deck manifold valves, both port and starboard.

        (5)  Every existing crude oil tanker required to be provided with segregated ballast tanks, or to be fitted with a crude oil washing system, or to operate with dedicated clean ballast tanks shall comply with the provisions of paragraph (4)(b).

        (6)  Ballast water or oil contaminated water from the cargo tank areas of any oil tanker shall be discharged only above the waterline, except that—
       (a) segregated ballast and clean ballast may be discharged below the waterline—
         (i) in ports or at offshore terminals; or
         (ii) at sea by gravity,
      provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place;
       (b) existing oil tankers which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline at sea, provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place.
       (c) existing oil tankers operating with dedicated clean ballast tanks which without modification are not capable of discharging ballast water from the dedicated clean ballast tanks above the waterline, may discharge this ballast below the waterline provided that the discharge of the ballast water is supervised with the aid of an oil content meter as provided for in regulation 20(3).
       (d) dirty ballast water or oil contaminated water from tanks in the cargo area of an oil tanker at sea, other than slop tanks, may be discharged by gravity below the waterline, provided that sufficient time has elapsed in order to allow oil/water separation to have taken place and the ballast water has been examined immediately before the discharge with an oil/water interface detector of the kind referred to in regulation 15(3)(e), in order to ensure that the height of the interface is such that the discharge does not involve any increased harm to the marine environment.
       (e) dirty ballast water or oil contaminated water from cargo tank areas of an existing oil tanker may be discharged below the waterline, subsequent to or in lieu of discharge by the method referred to in subparagraph (d), provided that—
         (i) a part of the flow of such water is led through permanent piping to a readily accessible location on the upper deck or above where it may be visually observed during the discharge operation; and
         (ii) such part flow arrangements comply with the requirements set out in Schedule 3 in Merchant Shipping Notice No. 1643/MARPOL 1.

 
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