For the purposes of the application of this regulation, the terms mentioned shall have the following meanings:
Wastewater (Aguas residuales): Waters that have received a use and whose quality has been modified by the incorporation of polluting agents.
Shipowner (Armador): Person or shipping company that manages a vessel by officially assuming its management and operation; may be the vessel’s owner themselves.
Garbage (Basura): Any solid or semi-solid waste, putrescible or non-putrescible, excluding excreta of human or animal origin. Included in this definition are refuse, waste, ashes, sweepings, industrial and commercial waste, and waste from hospital establishments and markets, among others.
Fishing vessels (Buques de pesca): Any vessel equipped or used for commercial purposes for the capture of fish or other living resources of the sea.
Vessel (Buque): Any type of seagoing craft operating in the marine environment, including hydrofoils, air-cushion vehicles, submersibles, and floating craft.
IMDG Code: It is a publication of the International Maritime Organization that compiles all the current provisions regulating the transport of dangerous goods by water. This code establishes the provisions applicable to each substance, material, or article capable of being transported. It is periodically updated and is mandatory for consultation for both exporters and carriers. It establishes, among other things, the different categories into which goods are grouped, their forms of packaging, labeling, and stowage on vessels (segregation), in addition to providing a guide for the treatment of emergencies and accidents. The provisions of this code comply with the provisions of the SOLAS 1974 and MARPOL 73/78 conventions, expand the requirements of both conventions, and have become the standard guide for all aspects related to the handling of dangerous goods and sea pollution in maritime transport.
Pollution of the marine environment (Contaminación del medio marino): The introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which produces or may produce harmful effects such as damage to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of seawater quality for its utilization, and reduction of amenities.
Discharge (Descarga): In relation to harmful substances or effluents containing such substances, it means any release, discharge, or escape from a vessel for any cause and includes any type of escape, disposal, leak, pumping out, emission, or emptying.
Waste (Desecho): Any deficient, useless, or unused product that its possessor destines for abandonment or from which they wish to discard.
Recreational craft (Embarcación de recreo): Any type of craft, regardless of its means of propulsion, intended for sports or leisure activities.
Officer (Funcionario): The individual who provides their material, intellectual, or both types of services to INCOP on a permanent or interim basis, on behalf of and on account of it, by virtue of a valid act and effective investiture.
Hydrocarbons (Hidrocarburos): Petroleum in all its manifestations, including crude oil, oils, petroleum residues, and refined products.
Contingency Plan (Plan de Contingencia): A technical planning instrument whose objective is to organize, direct, and coordinate the human and material resources of the company and other institutions, with the purpose of preventing, containing, minimizing, or eliminating the pollution of the marine environment caused by a spill of hazardous substances.
Service provider (Prestador de servicios): That individual or legal entity that provides basic and complementary port services in the ports, necessary for the attention of vessels, as well as for the transfer of cargo and transshipment of persons between crafts, land, or other modes of transport. In concessionaire ports, the service provider shall be the Concessionaire and in the remaining ports it shall be the Port Management (Dirección Portuaria) of INCOP.
Port (Puerto): A place or maritime area composed of the port area (recinto portuario), the roadstead, and the access channel; which meets physical, natural, or artificial conditions and organizational conditions that allow the performance of port traffic operations for vessels, including fishing vessels (buques de pesca) and recreational crafts (embarcaciones de recreo). Which is also authorized for the development of these activities by the competent Administration.
Port area (Recinto Portuario): A set of duly delimited land spaces where the infrastructure, installations, and facilities of the port are located.
Regulation (Reglamento): A set of provisions governing the prevention and control of pollution in ports granted under concession or under the jurisdiction of INCOP.
Residue (Residuo): Solid, semi-solid, liquid, or gaseous material, which its generator or possessor must or needs to dispose of, and which can or must be valorized or treated responsibly or, failing that, be managed by adequate final disposal systems.
Cargo residues (Residuos de carga): The remains of any cargo material found on board in holds or tanks and that remain in the port once the unloading procedures and cleaning operations are completed, including residues resulting from loading and unloading operations and spillages.
Hazardous waste (Residuos Peligrosos): Those that, due to their chemical reactivity and their toxic, explosive, corrosive, radioactive, biological, bio-infectious, and flammable characteristics, or due to their exposure time, may cause harm to health and the environment.
Casualty (Siniestro): When serious damage to the environment is produced as a result of the damage suffered by a vessel, or caused by the operations of the vessel or in connection with them.
Incident (Suceso): Any event causing or that may cause a discharge into the sea of a harmful substance or any other type of additive that contains in itself any other harmful element.
Harmful Substance (Sustancia Perjudicial): Any substance whose introduction into the marine ecosystem may pose risks to human health, as well as damage the flora, fauna, and living resources of this environment or hinder the legitimate uses of the sea waters and their coastlines.
User (Usuario): The individual or legal entity that receives services or supplies in the port.
UTSC: The entity responsible for advising and recommending to the conceding administration on the direction of concession contracts regarding technical, legal, and financial aspects.
General provisions