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Santos Port Authority issued revised regulations for hull painting and maintenance in Brazil’s busiest port
Aiming to regulate maintenance services to visiting vessels, on 6 December 2022, the Santos Port Authority (SPA) published Ordinance NAP.OPR.016 imposing restrictions and procedures for carrying out hull painting and maintenance and underwater surveys in the so-called Organised Port of Santos.
Ship painting services
Painting services within the port limits are forbidden, except in the event of failure of the vessel’s signalling and hull markings, when the minimally required painting work will be allowed, namely:
- Vessel’s name
- Port of registry
- IMO number
- Tug markings
- Draft scale
- Plimsoll Line or International Load Line
- Freeboard mark
- Bulbous bow/bow thruster marks
Painting and anti-fouling products applied must be free of organotin compounds and cybutryne, and the service must strictly observe the “Maritime Authority Standards for Water Pollution Caused by Vessels, Platforms and Their Supporting Facilities” (NORMAM-20/DPC), issued by the Brazilian Navy’s Directorate of Ports and Coasts (DPC).
SPA would analyse exceptional cases through a proposal protocol with a technical justification, including the necessary controls to prevent pollution. Other intervening authorities may also participate in the decision-making process.
Underwater services
Maintenance works such as cleaning, scraping, chipping, pecking, and removing barnacles and other fouling organisms from the vessel’s hull, including structures below the waterline (keel, rudder, propeller, thruster and sea chests), are not permitted within the port limits. Polishing, blasting and suction services on underwater structures are also prohibited.
Underwater inspection services are allowed provided they are performed by qualified professional divers accredited by the maritime authorities and comply with DPC’s “Maritime Authority Standards for Underwater Activities” (NORMAM-15/DPC) as well as SPA’s Ordinance DIPRE No. 128.2018 of 10 September 2018.
Underwater repair works will only be allowed in case of compromise or threat to the safety of the vessel or crew, such as overheating, loss or damage of the rudder or propeller, and jamming of moving parts, among others. In this case, the shipowner must obtain a license from the federal environmental agency, the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA), and the Santos Port Authority.
Hold Washing
Before coming alongside to load, bulk carriers usually have their cargo holds washed and cleaned, either during the passage to Santos or on arrival at the anchorage, to meet the strict standards of cleanliness required by agribusiness. Depending on the size of the vessel and the last cargo carried, the crew or shoreside contractors perform this task.
Under the terms of SPA’s Ordinance NAP.SUMAS.OPR.005 of 28 December 2021, hold washing and cleaning services in the Port of Santos can only be performed by pre-qualified and accredited companies. Licensed companies must regularly report their activities to the port authority through specific forms provided for in this regulation.
The port authority must be informed by the shipowner, through the local agent, at least 24 hours in advance about the intended operation, even if the crew themselves perform it. SPA may require copies of the vessel’s records and other information for verification.
Although the holds can be washed and cleaned at the anchorage within the port limits, liquid effluents and solid waste generated by the activity must be discharged beyond 12 nautical miles from the shore baseline, following the guidelines established by MARPOL 73/78 and the maritime authority standards. Waste can be taken ashore for disposal by accredited companies as long as environmental legislation is strictly followed.
Exclusions
The port authority regulation does not contemplate the necessary actions to avert or mitigate casualties and accidents of navigation, which would otherwise fall under the coordination of the environmental and maritime authorities.
Requirements
Where permitted, exceptional ship maintenance work must be carried out within working hours on weekdays, excluding public holidays. Work must be halted in case of poor lighting or adverse weather conditions.
The workers involved in the task must use adequate personal protective equipment and follow work safety rules, and the waste generated must be disposed of accordingly.
Penalties
SPA will monitor and enforce the new regulation while the Port Captaincy will monitor compliance with the rules of the maritime authority. Concessionaires, port operators, shipowners and shipping agents are accountable and must immediately report non-compliance to the port authority. Shipping agents must inform shipowners and masters about the regulation’s restrictions and conditions.
Failure to comply will result in the notification of the offender by the port authority and a complaint to the National Waterway Transport Agency (ANTAQ) and other competent authorities. In case of recurrence, a fine corresponding to one per cent of the Port Tariff – Table 1, which varies according to the vessel’s deadweight, will be levied without prejudice to other administrative, civil and criminal sanctions, such as in the case of marine pollution.
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