Fines are calculated based on the vessels’ gross tonnage and bear no relation whatsoever to the damage or alleged damage caused by the pollution, which results in small spills of grey water triggering large fines.
According to local port regulations, discharge of engine bilge or oil waste and garbage into the sea is strictly prohibited. The penalties charged by Turkish authorities for air or environmental pollution are severe. The minimum fine is established by the country's annual Budget Law beginning at January 1 each year.
As grey water is not specifically mentioned in local port regulations (which contravenes US EPA VGP regulations), the Master may mistakenly believe that such discharges are permitted, notwithstanding copies of the local regulations which may have been furnished to the Master.
According to Turkish Environmental Law it is prohibited to release directly or indirectly any kind of waste or leftovers into the environment. The Turkish Environmental law seems to have given “any kind of waste” a very broad meaning and thus includes grey water as a pollutant. Where there is a possibility of pollution, any authorised personnel are obliged to prevent this pollution and the individuals causing the pollution are obliged to take the necessary precautions to minimise any effect thereof.
The Turkish Authorities regard any kind of waste as a pollutant. Furthermore, article 181/182 of the new Turkish Criminal Code No.5237 (entered into force the second half of 2009) provides for imprisonment for intentional or negligent pollution of the environment.
For example, a ship was fined when it was leaving berth in a Turkish port for the anchorage area. This happened when the crew was washing the compass deck and bridge wing with a fire hose, the port authority inspector came alongside the vessel and took some samples of the sea water on both the starboard and port side scuppers of the vessel. The fine was imposed due to dirty water (oil, dust residues and some foreign materials) on deck leaking into the sea.
BIMCO advises that shipowners should familiarise themselves with local regulations. Members should take note that ships are still required to comply with local regulations which may be stricter than MARPOL regulations, which may all have been met.
Note that P&I cover for pollution fines extends only to the accidental escape of a pollutant from the ship, and not in instances of operational discharge due to misinterpretation of local rules. It should also always be borne in mind that the discharge of any kind of water, except cooling water, is prohibited in all Turkish ports.