Increase in pollution fines in Turkey

News was prepared under the information support of Online Daily Newspaper on Hellenic and international Shipping "Hellenic Shipping News".

28 Sep 2007

Skuld received this advice from our correspondent Omur Marine Ltd., Turkey, regarding pollution fines. Please read the advice if you are entering Turkish ports.ADVICE FOR VESSELS VISITING TURKISH WATERS FOR PREVENTING POLLUTION FINES We would like to provide you with brief practical information which may assist Clubs, owners and masters in pollution cases in Turkey.In 1983, the Environment Code came into force with strict provisions for land, sea and air pollution as a whole against all forms of environmental pollution / polluters.Article 8 of the said code describes the pollution prohibition as follows:It is prohibited, to introduce into, store in, transport to or remove from the receptor area any discharge or waste in such a way as to inflict damage on the environment or in any way directly or indirectly in contradiction with the standards and methods specified in the applicable regulations, or to engage in similar activities.Although it is clearly mentioned in the above article that the residue or poured material must have an effect inflicting damage on the environment, the authorities widely interpret the term of pollutant. In some previous cases, regrettably even dumping out clean ballast water was considered as pollution.The authorities have the right to determine the pollution and impose a fine in line with the governing regulations. Taking samples, recording by photograph or by video are essential in the relevant regulations; however, the authorities have the right to impose a fine only by issuing a unilateral determination minute. Such an exceptional rule gives an extensive right to the authorities and usually prevents obtaining a favorable result if an objection is filed against the fine.It is not a necessity for the authorities to serve the penalty orders or other relevant documents to the masters. If the master refuses to sign the relevant minutes or refrains from taking delivery of the said documents, the authorities can go on with the proceedings and as a result, the vessel will be detained until the payment of the fine. Likewise, there is an exceptional rule for the authorities not to deliver the samples to the masters, if they refuse to get them.On the other hand, it should be noted that the fines are being imposed according to gross tonnage of the vessel rather than the extent of the pollution according to governing rules.In Turkey, the vessels usually faced with pollution fines are in the anchorage area of Istanbul. For your detailed information, please note that Istanbul Metropolitan Municipality is well equipped for such kind of incidents and they are making intense controls with their boats and plane.As a usual process, we do suggest masters to immediately inform their local correspondent, who will take necessary steps to release the vessel. If there is a doubt, the masters must require the appointment of a surveyor also. Although, they do not constitute decisive evidence, the masters should take own photos or videos if possible, which might be helpful in defending the vessel in case of an objection. (i.e. if the pollution is caused by another vessel nearby).In the light of the foregoing, we can say that the owners will almost have no opportunity to prove that they did not cause the pollution. Also, they cannot avoid strict liability by proving that they have exercised all care in order to prevent the pollution since the liability standard stated under the Environment Code, weighs heavily against the alleged polluter.For preventing pollution fines, following advices can be given to the masters of vessels visiting Turkish waters.-All decks’ scuppers need to be plugged,-No ballast operation has to be performed if the cleanliness of tanks are not known and if they are dirty,-All overboard discharges need to be blocked.-Even if the vessels are fitted with approved sewage system, they should not run the system during stay at Turkish ports and/or anchorage areas-All sanitary water and/or waste water and/or dish water and/or other water coming from the living areas, floor scuppers, galley’s floor scuppers, lavatory drains, wash basins’ drains, faucets, hospital’s lavatory drains and floor scuppers, laundry’s floor scuppers, washbasins drains, deck toilets faucets and floor drains, crew cloth changing rooms’ faucets and floor scuppers need to be transferred to one holding tank.-If the vessels are not equipped with such holding tank for the water described above, the overboard connections of the piping related to above areas must be blocked and not be discharged overboard during the stay at port and/or anchorage.-No deck washing and/or hatch cover hose testing must be performed during the stay at port and/or anchorage.-The firemain and fire hoses used need to be checked strictly if they are in need of use during the stay at port and/or anchorage.-All vessels need to be fitted with continuous deck edge plates to prevent flooding of water from the decks.-The drain scuppers at steering gear room, any of poop deck stores, forecastle, forecastle store and emergency fire station room need to be blocked during the stay at port and/or anchorage.-Throwing and/or discharging and/or disposing of garbage is forbidden.-Throwing and/or discharging and/or disposing of food wastes are strictly forbidden.-Throwing and/or discharging and/or disposing of any kind of dirt, dust, rust residues, cargo residues strictly forbidden.-Throwing and/or discharging and/or disposing of oil, oily water, bilge water, oily materials, oily rags strictly forbidden.-Throwing and/or discharging and/or disposing of incinerator residues forbidden.-Throwing and/or discharging and/or disposing of funnels’blacks forbidden. If the funnels are creating excessive black dust this problem must be fixed by applying such kind a filter, wire striner or filter.-If the vessel is calling a shipyard and/or entering to drydock also are reponsible for providing the above cautions.-If the vessel is subject for maintenances and repairs at her open decks and hull sheel plating and regarding to the extend of the work, the vicinity of the vessel need to be protected with barries, oil booms, etc.-The work of the shipyard's staff and workers must be strictly checked and any negligence of shipyard workers and/or if any defective equipment used for such works, the shipyared managements must be warned in writting with urgent notice.-It must be noted that the environment protection controls in Turkey are preformed strictly 24 hours and around the clock.It must be noted that all actions, findings, way of sampling of the environment protection squad are recorded with video cameras and these records are kept by the municipality for presenting to court in case of appeal.