Steamship Mutual
Published: November 09, 2017
March 2005
Most of the vessels visiting Ukrainian ports are scheduled for loading operations and therefore arrive in ballast. Large vessels may have on board 20,000-30,000 mt of ballast.
Requirements of State Inspection for Protection of Black Sea (SIPBS).
- When entering the Black Sea vessels with segregated ballast tanks1 carrying ballast water from other seas must carry out ballast water exchange and this must be recorded in the Log Book (and in the ballast water management record, if the vessel has one).
- The Master must declare to the agent the quantity of the ballast water which the vessel intends to discharge in port.
- Upon berthing, a representative of SIPBS will visit the vessel and take samples of the ballast water. These samples will be examined in the SIPBS laboratory (or in one of the laboratories approved by SIPBS) for the presence of the following admixtures: oil products, metals, suspended substances. Deballasting will only be permitted where admixtures do not exceed the following levels:
Substance Concentration mg/l oil products
0.05
metals. 0.05 suspended substances 0.752
If any of these levels are exceeded deballasting will be prohibited. In such circumstances there are two possible solutions:
1. Deballasting on payment of a fine
The Master will be permitted to deballast on payment of a fine for damage to environment. The amount of this fine is calculated as follows3:
Substance Fine in US$ per kg organic substances 270 suspended substances 132 crude oil, fuel oil, oil fats 329 salts of heavy metals 12,936 detergents 381
faecal waters
140
The total amount of the fine is calculated as follows: the SIPBS laboratory determines the concentration of admixtures in the ballast water. This figure is multiplied by total quantity of the ballast to be discharged. The result shows the total amount of polluting substance which would be discharged at sea and the relevant fine rate is applied to this figure. SIPBS has a right (and use this right in all cases) to charge the Master with a penalty for damage to environment. According to local regulations this penalty is subject to a maximum of US$ 5,000.
2. Deballasting outside 12 mile zone
If Owners are not prepared to pay a fine the vessel can load sufficient cargo to ensure stability and then leave the port in order to deballast outside the 12-mile zone. This operation involves tug assistance, pilotage and mooring operations and is, therefore, very expensive. For a vessel of about 24,000 DWT the cost of moving outside the 12-mile zone will range from US$ 6,000 to 13,000 depending on overtime surcharges (which apply at night, Saturdays, Sundays, Holidays). A vessel of about 39,000 DWT would involve owners in additional expenses from US$ 10,000 to 20,000. Other consequences of such an operation include:
- The vessel being off-hire for the time necessary for deballasting;
- Another vessel will occupy the available berth during the deballasting operation. Therefore, the vessel affected will have to wait for a free berth resulting in much further expenses due to the delay.
Second samples?
While it is possible to ask for analysis of a second sample in an attempt to improve the owner's position, especially where the first sample may have been taken in unfavourable circumstances, experience shows that second samples rarely achieve an improvement and that the authorities take a strict approach to analysis.
With thanks to Dias Co. Ltd for supplying this information.
1. Deballasting for vessels without segregated ballast tanks is strictly prohibited in Ukrainian waters. Such vessels may only pump out ballast into designated shore or barge facilities.
2. While this level of suspended substances has been accepted as permissible by the authorities on certain occasions, on other occasions the permissible level has been set at a lower level. Unfortunately, therefore, it is not possible to predict with any certainty what the acceptable level might be on any given occasion in any given port.
3. These rates are set by the "Decision of the Odessa Regional Soviet of People's Deputies No. 23--XXII dd. 13.09.94: Measures on Reinforcement of Responsibility of Vessels in Cases of Pollution at Odessa Region". Similar requirements are in force in other Ukrainian Black Sea ports.