Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.

Laid down pursuant to § 9 of the Act of 13 March 1981 No. 6 concerning protection against pollution and concerning waste (Pollution Control Act) and § 1, § 114 and § 117¹ of the Act of 9 June 1903 No. 7 relating to Public Control of the Seaworthiness of Ships, etc.

¹ The Chapter has been notified to the ESA (EFTA Surveillance Authority) pursuant to Directive 98/34/EC.

I. Introductory provisions

§ 23-1 Purpose
The purpose of this Chapter is to prevent the discharge of sewage and grey water that contribute to problems of an environmental, hygienic and aesthetical nature into waterways and sea areas.

§ 23-2. Scope of application and entry into force

The chapter applies to Norwegian ships and to foreign ships in Norwegian waterways and sea areas, including at Svalbard and Jan Mayen.

Subparts III and IV of this Chapter apply only to ships certified for international trade, that:

a) are of 400 gross tonnage and above, or
b) hold a certifcate to carry more than 15 persons.

The requirements of Subparts III and IV apply from 1 July 2004 for new ships covered by the second paragraph. Existing ships shall comply with the requirements before 27 September 2008.

§ 23-3. Definitions
For the purposes of this Chapter:

a) Recognised classification societies means classification societies that according to agreement is authorized to perform duties pursuant to this Chapter on behalf of the Norwegian Maritime Directorate:

1. Det norske Veritas;
2. Lloyd’s Register of Shipping;
3. Bureau Veritas;
4. Germanischer Lloyd;
5. American Bureau of Shipping;

b) existing ship means a ship which is not a new ship;
c) grey water means discharge of washing water and similar;
d) IMO means the International Maritime Organization;
e) sewage means:

1. drainage and other wastes from any form of toilets;
2. drainage from medical premsises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises;
3. drainage from spaces containing living animals or other waste waters when mixed with the drainages defined above;

f) MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto;
g) new ship means:

1. if the building contract has been placed, or in the absence of a building contract, a ship the keel of which is laid or which is at a similar stage of construction on or after 27 September 2003, or
2. where the ship is delivered 3 years or more after 27 September 2003;

h) holding tank means a tank used for the collection and storage of sewage;
i) ship means any vessel, including barges and lighters, mobile offshore units and pleasure craft.

II. General regulations for all ships

§ 23-4. Ban on the discharge of sewage
The discharge of sewage and grey water into waterways is banned.

The discharge of sewage into Norwegian near-coastal waters within a distance of 300 metres from the nearest land (mainland and islands) is banned, except for ships covered by Section 23-2, second paragraph, and which are equipped as described in Section 23-8, paragraph a).

§ 23-5. Exemptions
The ban on the discharge of sewage of this Chapter, does not apply where:

a) the discharge of sewage is necessary to ensure the safety of those on board or to save lives at sea, or
b) the discharge of sewage takes place as a consequence of damage to a ship or its equipment, if all reasonable precautions have been taken prior to and following the event of the damage with the intention of preventing or minimizing the discharge.

The Norwegian Maritime Directorate or whoever is authorized by the Ministry of the Environment may in special cases grant exemptions pursuant to this Chapter for ships that are not covered by Section 23-2, second paragraph. The decision to grant the exemption shall give particular emphasis to whether the ship has been protected by law or has been given status as a ship of historical importance by the Directorate for Cultural Heritage or whoever is authorized by the Directorate, and to whether the implementation of the requirements of this Chapter may interfere with the historical importance of the ship.

§ 23-6. Stricter or easier requirements through regulation 
Municipalities are hereby authorized to determine through regulation requirements for the discharge of sewage and grey water that are either easier or stricter than the requirements provided for in Section 23-4, for ships that are not covered by Section 23-2, second paragraph.

Stricter requirements shall be considered in relation to, inter alia, the availability of satisfactory reception facilities for sewage.

If easier requirements are adopted, a thorough assessment of the environmental consequences shall be made before the decision is made.

The individual Municipality shall, as a matter of course in the preparation of the local regulation, contact other Municipalities with a view to co-operate on common solutions for more extensive areas for discharge, as mentioned in Section 23-4.

III. Equipment and discharge control

§ 23-7. Discharge of sewage from Lindesnes to the Swedish border
The discharge of sewage into Norwegian sea areas south of Lindesnes (N 57° 58’8 E 7° 3’4) to the dividing line between Norway and Denmark (N 57° 10’3 E 7° 3’4) and into the waters from the dividing line to the Swedish border, is banned, except where:

a) sewage which is not comminuted and disinfected is discharged at a distance of more than 12 nautical miles from the nearest land, and the ship maintains a speed of at least 4 knots;
b) an approved treatment plant for comminuting and disinfecting sewage is used as described in Section 23-8, paragraph b), and the sewage is discharged at a distance of more than 3 nautical miles to the nearest land and the ship maintains a speed of at least 4 knots, or
c) an approved treatment plant as described in Section 23-8, paragraph a), is used.

§ 23-8. Sewage treatment plant
Ships that, in accordance with Section 23-2, second paragraph, shall comply with the provisions of this Subpart, shall be equipped with one of the following sewage treatment plants:

a) a sewage treatment plant that complies with IMO Res. MEPC 2(VI), adopted 3 December 1976, and where:

1. the test results of the plant is laid down in the ship’s sewage pollution prevention certificate, and
2. the effluent does not produce visible floating solids in, nor causes discoloration of, the surrounding water;

b) a treatment plant for comminuting and disinfecting sewage which complies with the following specifications:

1. comminuted sewage shall be able to pass through a grating with a maximum opening of 10 mm;
2. the system shall have sufficient capacity for the temporary storage of sewage when the ship is less than 3 nautical miles from the nearest land, where recognized norms for the calculation are used and where the operation of the ship, the maximum number of persons on board and other relevant factors are taken into consideration;
3. the holding tank shall be constructed pursuant to construction requirements from a recognized classification society or the regulation concerning construction currently in force, and it shall be provided with a visual indication of the amount of stored sewage in the tank;
4. disinfection shall take place with a suitable disinfectant/sanitary fluid. The disinfectant shall be introduced to the plant/tank along with the sewage. The dosage of the disinfectant shall follow the manufacturer’s user manual, or

c) a holding tank with sufficient capacity for the storage of all sewage, where recognized norms for the calculation are used and where the operation of the ship, the maximum number of persons on board and other relevant factors are taken into consideration. The holding tank shall be constructed pursuant to construction requirements from a recognized classification society or the regulation concerning construction currently in force, and it shall be provided with a visual indication of the amount of stored sewage in the tank.

§ 23-9. Approval
The sewage treatment plant described in Section 23-8 shall be approved in accordance with one of the following procedures:

a) type-approved by a Notified Body and marked in accordance with Regulations of 29 December 1998 No. 1455 concerning marine equipment, as amended, or
b) approved in accordance with an assessment by the Norwegian Maritime Directorate or a recognized classification society pursuant to the criteria outlined in this Chapter.

On approval of the plants described in Section 23-8, paragraphs b) and c), the following documentation shall be provided:        

a) that plants/tanks have sufficient capacity;
b) that the structural design complies with class requirements or the regulation concerning construction currently in force.

On approval of the plants described in Section 23-8, paragraph b), the following documentation shall in addition be provided:

a) compliance with the requirement for comminution, and
b) compliance with the requirement for disinfection.

§ 23-10. Standard discharge connections
To enable pipes of reception facilities to be connected with the ship’s discharge pipeline, both lines shall be fitted with a standard discharge connection in accordance with the following table:

STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS

For ships having a moulded depth of 5 m and less, the inner diameter of the discharge connection may be 38mm. 

For ships trading on fixed routes, the ship’s discharge pipe may alternatively be fitted with a discharge connection used on location.

IV. Surveys and certification

§ 23-11. Surveys
All ships that, pursuant to Section 23-2 second paragraph, shall comply with the provisions of this Subpart, shall be subject to the surveys specified as follows:

a) An intial survey before the ship is put into service or before the issue of the international certificate required pursuant to Section 23-12, and which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material. A renewal survey performed at intervals not exceeding five years, except where Section 23-13, second, fifth, sixth or seventh paragraphs of this Chapter apply.
b) An additional survey, which is either a general or a partial survey, as the circumstances require. The survey shall be performed following a repair resulting from the investigations laid down in the second sentence below, or whenever important repairs or renewals take place.

Whenever damage occurs to a ship or a defect is discovered which substantially affects the structural safety or efficiency or completeness of its equipment covered by this Chapter, the master or shipping company shall report at the earliest opportunity to the Norwegian Maritime Directorate’s closest station or recognized classification society. The Norwegian Maritime Directorate or the recognized classification society shall ensure the initiation of investigations to determine whether a survey pursuant to the first paragraph is necessary. If the ship is at a port belonging to another Party to MARPOL Annex IV, the master or the owner shall likewise immediately notify the relevant authorities of the port state, and the Norwegian Maritime Directorate or the recognized classification society shall make sure that such notification has been given.

§ 23-12. Issue or endorsement of certificates
Following an initial or renewal survey in compliance with the provisions of Section 23-11, an international sewage pollution prevention certificate shall be issued.

Such a certificate shall be issued or endorsed by the Norwegian Maritime Directorate, or by a recognized classification society authorized to perform duties on behalf of the Directorate.

§ 23-13. Duration and validity of certificate 
The international sewage pollution prevention certificate shall be issued for a period which shall not exceed five yars.

Where the renewal survey is performed within a period of three months prior to the expiry date of the existing certificate, a new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the expiry date of the existing certificate.

Where the renewal survey is completed following the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the expiry date of the existing certificate.

Where the renewal survey is completed more than three months prior to the expiry date of the existing certifcate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of completion of the renewal survey.

If a certificate is issued for a period of less than five years, the Norwegian Maritime Directorate, or whoever is authorized by the Directorate, may extend the validity of the certificate beyond the expiry date of the longest period indicated in the first paragraph.

If a renewal survey is completed and a new certificate cannot be issued or placed on board the ship prior to the expiry date of the existing certificate, the Norwegian Maritime Directorate, or whoever is authorized by the Directorate, may endorse the existing certificate. Such a certificate shall be accepted as valid for an additional period, which shall not exceed five months from the expiry date.

If a ship, at the date of expiry of a certificate, is not present in a port in which it is to be surveyed, the Norwegian Maritime Directorate, or whoever is authorized by the Directorate, may extend the validity of the certificate. This extension shall be granted exclusively to allow the ship to complete its voyage to the port in which it is to be surveyed. A certificate shall not be extended for a period exceeding three months. A ship to which an extension is granted shall not on its arrival in the port in which it is to be surveyed, be entitled to leave that port without having obtained a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the expiry date of the existing certificate before the extension was granted.

A certificate issued to a ship engaged on short voyages, and which has not been extended pursuant to the above-mentioned provisions of this Section, may be extended by the Norwegian Maritime Directorate, or whoever is authorized by the Directorate. The extension is given up to one month from the expiry date stated on the certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the expiry date of the existing certificate before the extension was granted.

Under special circumstances, a certificate must not necessarily be dated from the expiry date of the existing certificate, as determined by the third, seventh and eighth paragraphs of this Section. In such cases the new certificate shall be valid to a date not exceeding five years from the date of completion of the renewal survey.

A certificate issued pursuant to Section 23-12, shall no longer be valid in the following cases:

a) if the relevant surveys have not been completed within the periods specified in Section 23-11, first paragraph, of this Chapter;

b) upon transfer of a ship to the flag of another Party to MARPOL 73/78, Annex VI.

23-14. Entry into force

This chapter shall enter into force for foreign ships at Svalbard and Jan Mayen from the date decided by the King.