Hebei Provincial People's Government

　　Administrative Measures of Hebei Province on the Prevention and Control of Marine Environmental Pollution by Ships

　　The "Management Measures for the Prevention and Control of Marine Environmental Pollution by Ships in Hebei Province" were adopted at the 42nd executive meeting of the provincial government on January 29, 2019. They are hereby promulgated and shall come into force on May 1, 2019.

　　Governor Xu Qin　　 

　　March 8, 2019 

　　Administrative Measures of Hebei Province on the Prevention and Control of Marine Environmental Pollution by Ships 

Chapter One General Provisions

　　Article 1 is to prevent and control the pollution of the marine environment by ships and their related operations, and promote the construction of green ports, in accordance with the "Marine Environmental Protection Law of the People's Republic of China", "The Air Pollution Prevention Law of the People's Republic of China", "Regulations on the Prevention and Control of Marine Environmental Pollution by Ships" and other related Laws and regulations are formulated in accordance with the actual conditions of the province. 

　　Article 2 These Measures apply to the prevention and control of pollution of the marine environment by ships and their related operations in coastal waters of this province. 

　　The marine environment mentioned in these Measures refers to the coastal water environment and the atmospheric environment over the waters.

　　Article 3 To prevent and control the pollution of the marine environment by ships and their related operations, adhere to the principle of focusing on prevention, combining prevention and governance, and whoever pollutes the environment. 

　　Article 4 Hebei Maritime Safety Administration and its branches (hereinafter collectively referred to as maritime administrative agencies) shall, in accordance with their duties and powers, be responsible for the supervision and management of the prevention and control of pollution of the marine environment by ships and their related operations. 

　　The relevant departments of transportation, ecological environment, and housing and urban-rural construction shall, in accordance with their respective duties, do a good job in the prevention and control of pollution of the marine environment by ships and their related operations. 

Chapter II Discharge and Acceptance of Ship Pollutants

　　Article 5 Ships discharging ship garbage, domestic sewage, oily sewage, sewage containing toxic and hazardous substances, waste gas and other pollutants and ballast water into the ocean shall comply with the requirements of relevant laws, regulations and standards. 

　　Ships shall discharge ship pollutants that do not meet the discharge requirements into port reception facilities or be received by ship pollutants receiving units. 

　　Ships must not discharge ship pollutants into marine nature reserves, coastal scenic spots, important fishery waters, and other sea areas that need special protection as demarcated by law. 

　　Article 6 The disposal of pollutants by ships shall be truthfully recorded in the corresponding record books. The ship shall keep the used ship garbage record book on the ship for two years; the used oily sewage, toxic and harmful sewage record book on the ship for three years. 

　　The receiving unit of ship pollutants shall issue a pollutant receiving document to the ship, which shall be signed by both parties and kept for at least two years. The ship shall keep the pollutant receipt documents in the corresponding record book. 

　　The receiving unit of ship pollutants shall treat the received ship pollutants in accordance with the relevant provisions of the state, and report the receipt and treatment of ship pollutants to the local maritime administrative agency for the record every month. 

　　Article 7 Vessels shall collect and store garbage according to relevant state regulations. Garbage containing toxic and hazardous substances or other dangerous ingredients shall be stored separately. 

　　Article 8 The maritime administrative agency shall implement lead sealing management of pollutant discharge equipment for ships that have sailed, berthed, and operated in the coastal waters of this province for more than 30 days. Ships that meet the requirements for lead sealing shall report to the local maritime administrative agency and cooperate with maritime law enforcement officers to carry out ship lead sealing work. 

　　If a ship needs to unseal the sewage equipment or discover that the lead seal is damaged, it shall report to the local maritime administration and explain the reason. The unsealing situation shall be truthfully recorded in the "Engine Logbook" or relevant ship documents. 

　　Article 9 The people's government of cities with districts along the coast shall establish and complete a joint supervision system for the reception, transfer, and disposal of ship pollutants, so as to realize information sharing and law enforcement linkages between maritime management agencies and the ecological environment, housing and urban-rural construction, port and shipping, ocean and other departments . 

　　Article 10 Vessels shall use fuel that meets the quality standards set by the state and this province, and discharge pollutants into the atmosphere shall comply with the relevant regulations of the state and this province. 

　　Ships shall strictly comply with the relevant requirements of the ship emission control area. Ships entering the ship emission control area shall switch to low-sulfur fuel oil or adopt alternative measures such as shore power, clean energy, exhaust gas after-treatment devices, etc., to meet the requirements of ship air emission control. 

　　Ships that use the emission reduction measures listed in the preceding paragraph to meet the requirements for ship air emission control shall truthfully record them in accordance with regulations. 

　　Ship inspection agencies conduct emission inspections on ship engines and related equipment. Ships can only operate if they meet the national emission standards after inspection. 

　　Article 11 The departments of transportation, development and reform, and finance shall promote the construction of green ports, encourage and support ships to use fuel with lower sulfur content than the requirements for air emission control of ships, and encourage and support the construction of shore power facilities at wharfs. 

　　Newly built docks should plan, design and construct shore power facilities; built docks should gradually implement shore power facilities renovation. Ships should use shore power in priority after docking. 

　　Article 12 The fuel provided by the ship fuel supply unit to ships shall meet the requirements of relevant national standards, and the fuel provided to ships on international voyages shall also meet the requirements of international treaties concluded or acceded to by the People's Republic of China. 

　　The ship fuel supply unit shall send each batch of fuel supplied to the fuel testing unit that has obtained the qualifications prescribed by the state for testing. If it has been tested and is blended or mixed with other fuels, it shall be re-submitted for inspection. The fuel quality inspection report shall be kept on the operating vessel for future reference in accordance with regulations. 

　　If the ship fuel provided by the ship fuel supply unit exceeds the standard, the local maritime administrative agency shall request rectification and notify the relevant competent authority. 

　　Article 13 Ships whose discharges do not meet the requirements of the state and this province in order to ensure safety or implement life-saving at sea shall promptly report to the local maritime administrative agency and truthfully record the relevant information in the "Log". After receiving the report, the maritime administrative agency shall deal with it in accordance with regulations. 

Chapter III Pollution Prevention and Control of Ship-related Operations

　　Article 14 Ports, wharfs, loading and unloading stations, and units engaged in ship repair and building shall be equipped with pollution monitoring facilities and pollutant receiving facilities that are compatible with the type of cargo they load and unload and their throughput capacity or the capacity to build ships, and determine personnel for maintenance and management to keep the facilities in good condition. The technical status of the company, compile the pollutant emission inventory of the unit, formulate and implement pollutant emission reduction measures. 

　　Relevant departments shall conduct inspection, supervision and management of pollution discharge and emission reduction by units such as ports, wharves, loading and unloading stations, and ship repair and construction. 

　　Article 15 Ports, wharves, loading and unloading stations, and units engaged in ship repairing, building, salvaging, dismantling and other operations shall formulate relevant management systems for safe operation and pollution prevention, and be equipped with corresponding pollution prevention equipment and equipment in accordance with relevant national regulations and standards. Equipment to keep it in good technical condition. 

　　Units in the same port, port area, or operation area can achieve the unified deployment and use of pollution prevention facilities, equipment, and equipment by establishing a joint prevention mechanism. 

　　Article 16 Operators of ships, wharves, and loading and unloading stations shall take effective pollution prevention and control measures when carrying out pollution-hazardous cargo loading and unloading operations to prevent the cargo from being scattered and polluting waters. In the event that goods are scattered and polluted waters, they shall be promptly salvaged and removed, and immediately reported to the local maritime administration and ecological environment departments. 

　　Article 17 When the operators of ships, wharves, and loading and unloading stations carry out oil and other bulk liquid pollution hazardous cargo loading and unloading operations, they shall arrange for personnel with relevant knowledge and professional skills to conduct on-site management and operations, and strictly abide by the safety and pollution prevention operations. Procedures. When carrying out oil cargo loading and unloading operations, an oil boom shall be arranged. 

　　Article 18 Vessels that do not meet the requirements for suitable loading of pollution-hazardous goods shall not carry pollution-hazardous goods, and docks and loading and unloading stations shall not carry out loading operations for them. 

　　Article 19 For ships carrying pollution-hazardous cargo entering or leaving the port, the carrier, cargo owner or agent shall apply to the local maritime administrative agency, and may enter or leave the port or stay in transit only after approval. 

　　Article 20 For ships carrying out lighter operations for bulk liquid pollution hazardous cargoes, the carrier, cargo owner or agent shall apply to the local maritime administration, inform the operation site, and attach the lighter operation plan, operating procedures, Pollution prevention measures and other materials. 

　　The maritime administrative agency shall make a decision on approval or disapproval within two working days from the date of acceptance of the application. If a decision cannot be made within two working days, it may be extended by five working days with the approval of the person in charge of the maritime administrative agency. 

　　The maritime administrative agency shall make a licensing decision in strict accordance with the licensing conditions, and prohibit the transfer of bulk liquid pollution hazardous cargoes in the coastal waters of Qinhuangdao during the peak period of each year. 

　　Article 21 Ship oil supply units shall file with the maritime administrative agency according to law. The local maritime administrative agency shall supervise and inspect the ship's oil supply and reception operations, and if it finds that it does not meet the requirements for safety and pollution prevention, it shall order rectification. 

Chapter IV Emergency Response to Ship Pollution Accidents

　　Article 22 The owner, operator or manager of a ship shall formulate an emergency plan for the prevention and control of pollution of the marine environment by the ship and its related operations, and report it to the local maritime administrative agency for the record.

　　Operators of ports, wharves, loading and unloading stations and units engaged in ship-related operations shall formulate emergency plans for the prevention and control of pollution of the marine environment by ships and related operations, and report to the local maritime administration and ecological environment departments for the record. 

　　Ships, ports, docks, loading and unloading stations, and other relevant operating units shall organize drills on a regular basis in accordance with emergency plans, and make corresponding records truthfully. 

　　Article 23 If a ship has a pollution accident or may cause pollution to the marine environment, it shall immediately initiate an emergency response plan, carry out pollution removal by itself or entrust an emergency force such as a ship pollution removal unit, and report to the local maritime management agency, ecological environment and other departments . 

　　If a pollution accident occurs while a ship is berthing at the terminal, the terminal operator shall immediately initiate an emergency plan, take corresponding emergency measures, cooperate with the pollution removal work, and promptly report to the local maritime administration and ecological environment departments. 

　　Article 24 When any unit or individual discovers that ships and their related operations have caused or may cause pollution of the marine environment, they shall immediately report to the local maritime administration and other relevant departments. 

　　Article 25 After receiving the report, the maritime administrative agency shall verify the relevant situation immediately, report to the higher-level maritime administrative agency according to the level and characteristics of the ship pollution accident, and report to the provincial people’s government and the people’s governments of coastal cities with districts. 

　　According to the level and characteristics of ship pollution accidents, the provincial people's government or the people's governments of cities with districts along the coast will establish an accident emergency command agency in conjunction with the local maritime administration to initiate corresponding emergency plans. Relevant departments and units shall, under the unified organization of the accident emergency command organization, carry out corresponding emergency response work in accordance with the division of labor in the emergency response plan. 

　　Article 26 In the event of a ship pollution accident, the maritime administrative agency may take necessary measures such as cleaning, salvaging, towing, piloting, and bargeing to reduce pollution damage. Related expenses shall be borne by ships and relevant operating units that cause marine environmental pollution. 

　　The oil dispersant used in the disposal of ship pollution accidents shall meet the relevant national standards. 

Chapter V Legal Liability

　　Article 27 If a ship or relevant operating unit violates the provisions of these Measures, the maritime administrative agency shall order corrections in accordance with the law; if it refuses to make corrections, the maritime administrative agency may order the suspension of operations, compulsory unloading, and prohibit ships from entering and leaving ports, berthing, or transit Stay or order to suspend, divert, depart, or sail to a designated location in accordance with the law. 

　　Article 28 Violation of Article 5, Article 6, Article 14, Article 18, Article 19, Article 20, Paragraph 1, Article 23, Paragraph 1, and 2. As stipulated in the second paragraph of Article 16, the maritime administrative agency shall impose penalties in accordance with the relevant provisions of the Regulations on the Prevention and Control of Marine Environmental Pollution by Ships. 

　　Article 29 Anyone who violates the provisions of paragraphs 1 and 4 of Article 10 and paragraph 2 of Article 11 shall be punished by the maritime administrative agency in accordance with the relevant provisions of the Air Pollution Prevention and Control Law of the People’s Republic of China. 

　　Article 30 Anyone who violates the first paragraph of Article 15 of these Measures shall be punished by the maritime administrative agency in accordance with the relevant provisions of the Marine Environmental Protection Law of the People’s Republic of China. 

　　Article 31 In violation of the provisions of these Measures, one of the following circumstances shall be ordered by the maritime administrative agency to make corrections and a fine of 10,000 yuan to 30,000 yuan shall be imposed; if the circumstances are serious, 30,000 yuan but less than 100,000 yuan fine: 

　　(1) In violation of the first paragraph of Article 8 of these Measures, the ship that meets the lead sealing requirements does not report to the local maritime administrative agency or fails to cooperate with maritime law enforcement personnel in the ship lead sealing work; 

　　(2) In violation of the second paragraph of Article 8 of these Measures, if the ship unsealed the sewage equipment or discovered that the lead seal was damaged, it failed to report to the local maritime administrative agency and explain the reason, or the unsealing situation is not in the "Engine Logbook" or relevant ship documents Truthfully recorded 

　　(3) In violation of the second paragraph of Article 12 of these Measures, the ship fuel supply unit failed to send each batch of fuel supplied to a fuel inspection unit that has obtained the qualifications prescribed by the state for testing, has been tested and has been blended or mixed with other fuels. The equipment is not re-submitted for inspection, or the fuel quality inspection report is not retained on the operating vessel for future reference as required. 

　　Article 32 Staff of maritime administrative agencies and relevant departments who abuse their powers, neglect their duties, or engage in malpractices for personal gains in the prevention and control of marine environmental pollution caused by marine environmental pollution shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law. 

Chapter VI Supplementary Provisions

　　Article 33 The term "ship sewage equipment" in these Measures refers to the ship's engine room oil-water separator and the sewage pipe system connected with engine room slop oil and water that can be directly discharged outboard (except engine room shore connection pipe system). 

　　The pollution-hazardous goods mentioned in these Measures refer to the goods listed in the "List of Pollution-hazardous Goods" published by the State Maritime Administration. 

　　Article 34 The supervision and management of pollution of the marine environment by military vessels and fishing vessels shall be carried out in accordance with the provisions of relevant laws and regulations. 

　　Article 35 These Measures shall come into force on May 1, 2019. The "Administrative Measures for the Prevention and Control of Water Pollution by Ships in Hebei Province" promulgated by the People's Government of Hebei Province on February 3, 2005 shall be repealed simultaneously.