MARPOL Annex I – Measures to Monitor Compliance
Cases involving the discharge of unprocessed oily water, the bypassing of oily water separators and irregularities in the Oil Record Book continue to arise within the maritime industry. The US Coast Guard is particularly alert to this issue, and other jurisdictions are becoming equally intolerant of such practices.
Members are reminded that any fine or penalty imposed may not be covered by the Club if the discharge of oil was not accidental or if they disregarded or failed to take reasonable steps to prevent the situation which resulted in such action. Fines and costs associated with the investigation of an incident may be recoverable on a discretionary basis only following a review of the circumstances in each case. Members are referred to Notices No.9 2004/2005 and No.6 2005/2006.
Loss Prevention Bulletin No.1 2004/2005 “Oily Water Separators” contains a range of measures to monitor compliance with MARPOL. Among them is a recommendation stating that “additional checks may be made during ISM internal audits”. To further this aim, Members’ attention is drawn to US Coast Guard Policy Letter 06-01 issued earlier this year titled “Guidance For The Enforcement of MARPOL Annex I During Port State Control Examinations”. This document provides clear and comprehensive advice on what may be inspected and includes details of various operational tests and information on how to spot anomalies in the Oil Record Book.
Although aimed at US Coast Guard personnel when carrying out port state control inspections, the Guidelines may also be used by internal auditors and superintendents to check whether or not a vessel is observing MARPOL requirements in practice. Internal audits are a valuable safeguard, and making use of the Guidelines in this way will ensure that the process is meaningful. Members are urged to review their internal audit controls in this respect.