ACCESS TO SHIPPING DOCUMENTS:

Shippers, vessels, owners, and agents will permit the Port Authority access to manifests, loading or discharge lists, rail or motor carrier freight bills or any pertinent documents for the purpose of audits to determine the accuracy of reports filed or for obtaining necessary information for correct billing of charges. They shall, within five (5) days after vessel sails, furnish the Port Authority with information on all cargo loaded or discharged as well as any other information which might be required for the accurate billing of cargo and vessel charges.

APPLICATION FOR BERTH:

All steamships, their owners, or Agents, desiring a berth at the wharves shall, as far in advance of the date of docking as possible, make application in writing for same on forms prescribed, specifying the date of booking, sailing, and the nature and quantity of cargo to be handled. Application for berth to be made to the Port Authority, and will be construed by the Port Authority to mean that all rules and regulations will be complied with regardless of date of application. It shall not be incumbent upon the Port Authority to have bills for port charges signed by Masters of vessels following request by Steamship Agent for berthing space. The Port of Port Arthur does not guarantee berth conditions to be suitable for the vessel or nature of the cargo to be loaded or discharged, and those desiring a berth should inspect the berth prior to vessel arrival to avoid delays or conflicts and use discretion when making application. Berth allocations and assignments shall be at the sole discretion of the Port of Port Arthur.

INDEMNIFICATION:

Each user of Port Authority facilities, equipment or property shall indemnify and hold harmless the Port Authority and its agents, employees, officers, commissioners, contractors and representatives from and against all claims, damages (including but not limited to consequential damages), or losses and expenses, including death and illness and personal injury, and damage to or loss of property and equipment, including attorney's fees and court costs arising out of or resulting from or incident to such user's operations on Port Authority property, use of Port Authority facilities, and operation or use or possession of Port Authority cranes or other equipment. In any and all claims against the Port Authority, or any of its agents, or employees, or officers or commissioners or contractors or representatives, by any employee of the user, anyone directly or indirectly employed by the user, or anyone for whose acts the user may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the Port Authority under workers' compensation acts, disability benefit acts, or other employee benefit acts.

This provision does not relieve the Port of Port Arthur from liability for its own negligence nor limit its liability in cases of its own negligence.

 

COMPLAINTS:

All protests or complaints of any character whatsoever must be addressed to the Port Director.

Dockage will be charged from the time a ship, boat or barge makes fast to the wharf until the vessel vacates the berth. Shifting from one berth to another will not interrupt the time. Port Authority reserves the right to admeasure any vessel and use that measurement as the basis for dockage. Dockage will not be charged for inland barges discharging or loading cargo directly to or from ship. For dockage charges, see Item No. 530.

(1)
(A) It shall be unlawful to throw, discharge or deposit, or cause, suffer, or procure to be thrown, discharged or deposited, either from or out of any ship, barge or other floating craft of any kind, or from the shore, wharf, manufacturing establishment or mill of any kind, any refuse matter or other substance of any kind or description whatever into the waters of the harbor; and it shall be unlawful to deposit, or cause, suffer or procure to be deposited, material of any kind in any place, or on the bank of any water, where the same shall be liable to be washed into such water, either by ordinary or high tides, or by storms, or floods or otherwise, whereby navigation within the corporate limits of the harbor shall or may be impeded or obstructed; provided that nothing herein contained shall extend to, or apply to, or prohibit operations in connection with the improvement of the Port of Port Arthur or the construction of public works considered necessary and proper by the Port Authority and provided further that nothing herein contained shall extend to, apply to, or prohibit the depositing of any material above mentioned in such navigable waters within such limits as may be defined, and under such conditions as may be prescribed by the proper Officer of the United States Corps of Engineers.

(B) It shall be unlawful for any person to pump, discharge, or deposit, or to cause to permit to be pumped, discharged or deposited or to pass or allow to escape in or into the waters of the harbor any oil, spirits or inflammable liquid, or any coal tar, or refuse, or other refuse, or other carbonaceous material or substance, or any product or compound thereof, or any bilge water containing any of said materials or substances.

(C) The Port Authority assumes no liability whatsoever for any handling of cargo, fuel, bunkers or other materials of any kind whatsoever either to or from any vessels of any kind at Port Authority Facilities, and all parties involved in such operations shall be held fully liable at all times for compliance with all current ordinances, statutes, laws and regulations of the City of Port Arthur, Jefferson County, the State of Texas, the Federal Government and any official Agencies thereof.

2.
(A) The National Committee for the Prevention of Marine Pollution (NCPMP) has issued regulation to implement requirements for waste oil reception facilities. These regulations are contained in the International Convention for the Prevention of Pollution from ships (MARPOL) 73/78, Annex 1, Regulation 12. Regulation 12 requires marine terminals and ports handling tankers or ocean going ships of over 400 gross tons to have facilities for receiving vessel oil waste and slops, which MARPOL requires these vessels retain on board in lieu of discharging overboard at sea.

(B) The Port Authority has obtained the services through contractual agreement of:

Carotex, Inc.
110 Yacht Club Road
P. O. Box 3901
Port Arthur, Texas 77643
Tel. (409) 962-0251

a company approved by the U.S. Coast Guard to provide these facilities.

(C) It is the responsibility of the vessel directly or through its agent to provide a minimum of twenty-four (24) hours advance notice, giving the amount and the waste that will be discharged upon arrival. The notice shall be given to the company approved by the U.S. Coast Guard to receive waste from vessels at the Port, who will have the facilities available for the discharge of oily residues.

Annex V of the 265 International Maritime Organization requires the proper disposal of garbage designated as contaminated by the Animal and Plant Health Inspection Service of the U.S.D.A.

The Port is required to provide a ship's representative with a list and mean's of contacting all APHIS approved reception facilities in the area. Ship representatives are required 24 hours before entering port, to advise the Port of this special need. This also applies to medical wastes, hazardous wastes and those wastes co-mingled which require special handling.

The Port of Port Arthur is responsible for providing adequate reception facilities using its own resources or that of a third party such as a garbage trucking firm or barge company which complies with all applicable federal, state and local laws, regulations or ordinances, including without limitations, 33 U.S.C. 1901 et seq. (The Act to Prevent Pollution from Ships); Pub. L. 100?200, including Title II (Marine Plastic Pollution and Research Control Act of 1987); regulations of the United States Coast Guard ofthe U.S. Department of Transportation 33 CFR Parts 151, 155, and 158, 46 CFR Part 25 and regulations of the U.S. Department of Agriculture 9 CFR Part 94.5, and 7 CFR Part 330.400.

Although there may be other approved facilities in the future, at the present time we have contracted with the following firm for servicing vessels and is the only firm licensed to perform services at our facility:

Browning-Ferris Industries
P.O. Box 1056-100
Ginger St. & Hwy. 69
Nederland, TX 77627
Phone: (409) 724-2371 or 735-2497 or 1-800-833-8083

It is the responsibility of the vessel directly or through its agent to provide a minimum of twenty-four (24) hours advance notice to the above named firm for service and direct payment for those services rendered.