Section 34 in The Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules, 2010
34. Control of Discharge of Oil.
(1)Subject to the provisions of rule 4 and sub-rule (2) hereunder, any discharge into the sea, outside special areas, of oil or oily mixtures from the cargo area of an oil tanker shall be prohibited except when all the following conditions are satisfied, namely:-(a)the tanker is not within a special area;(b)the tanker is more than fifty nautical miles from the nearest land;(c)the tanker is-proceeding en route;(d)the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;(e)the total quantity of oil discharged into the sea does not exceed for tankers delivered on or before 31st December, 1979, as defined in sub-rule (46) of rule lA, 1/15,000 of the total quantity of the particular cargo of which the residue formed a part, and for tankers delivered after 31st December, 1979, as defined in sub-rule (45) of rule IA, 1/30,000 of the total quantity of the particular cargo of which the residue formed a part; and(f)the tanker has in-operation an oil discharge monitoring and control system and a slop tank arrangement as required by rule 31 and 29.(2)The provision of sub-rule (1) shall not apply to the discharge of clean or segregated ballast.(3)Subject to the provisions of sub-rule (4), any discharge into the sea of oil or oily mixture from the cargo area of an oil tanker shall be prohibited while in a special area.(4)The provisions of sub-rule (3) shall not apply to the discharge of clean or segregated ballast.(5)Nothing in this rule shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with sub-rule (1).(6)The requirements of rules 29, 30 and 31 shall not apply to oil tankers of less than one hundred and fifty gross tonnage, for which the control of discharge of oil under this rule shall be effected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities and the total quantity of oil and water used for washing and returned to a storage tank shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of this rule are complied with.(7)Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, the Central Government, to the extent reasonable, shall promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this rule:Provided that such investigation shall include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of visible traces in the vicinity and relevant oil discharge records.(8)No discharge into the sea shall contain chemicals or other substances in quantities or concentrations, which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this rule.(9)The oil residues, which cannot be discharged into the sea in compliance with sub-rule (1) and (3), shall be retained on board for subsequent discharge to reception facilities.
