Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter (1972)

The 1972 International Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter, commonly called the London Dumping Convention, entered into force on August 30, 1975. The London Dumping Convention covers "ocean dumping" defined as any deliberate disposal of wastes or other matter from ships, aircraft, platforms, or other human-made structures at sea. The discharge of sewage effluent and other material through pipes, wastes from other land-based sources, the operational or incidental disposal of material from vessels, aircraft, and platforms (such as fresh or salt water), or wastes from seabed mining are not covered under this convention.

The framework of the London Dumping Convention consists of three annexes. Annex I contains a blacklist of materials that cannot be dumped at sea. Organohalogen compounds, mercury , cadmium , oil, high-level radioactive wastes, warfare chemicals , and persistent plastics and other synthetic materials that may float in such a manner as to interfere with fishing or navigation are examples of substances on the blacklist. The prohibition does not apply to acid and alkaline substances that are rapidly rendered harmless by physical, chemical, or biological processes in the sea. Annex I does not apply to wastes such as sewage sludge or dredge material that contain blacklist substances in trace amounts.

Annex II of the convention comprises a grey list of materials considered less harmful than the substances on the blacklist. At-sea dumping of grey list wastes requires a special permit from contracting states (countries participating in the convention). These materials include wastes containing arsenic , lead , copper , zinc, organosilicon compounds, cyanides, pesticides and radioactive matter not covered in Annex I, and containers, scrap metals, and other bulky debris that may present a serious obstacle to fishing or navigation. Grey list material may be dumped as long as special care is taken with regard to ocean dumping sites, monitoring, and methods of dumping to ensure the least detrimental impact on the environment . A general permit from the appropriate agencies of the contracting states to the Convention is required for ocean dumping of waste not on either list.

Annex III includes criteria that countries must consider before issuing an ocean dumping permit. These criteria require consideration of the effects dumping activities can have on marine life, amenities, and other uses of the ocean, and they encompass factors related to disposal operations, waste characteristics, attributes of the site, and availability of land-based alternatives.

The International Maritime Organization serves as Secretariat for the London Dumping Convention, undertaking administrative responsibilities and ensuring cooperation among the contracting parties. As of 2001, there were 78 contracting parties to the Convention, including the United States.

The London Dumping Convention covers ocean dumping in all marine waters except internal waters of the contracting states, which are required to regulate ocean dumping consistently with the convention's provisions. However, they are free to impose stricter rules on their own activities than those required by the convention. The London Dumping Convention was developed at the same time as the Marine Protection, Research and Sanctuaries Act of 1972 (Public Law 92-532), a law enacted by the United States. The U.S. congress amended this act in 1974 to conform with the London Dumping Convention.

Most nations using the ocean for purposes of dumping waste are developed countries. The United States completely ended its dumping of sewage sludge following the passage of the Ocean Dumping Ban Act (1988), which prohibits ocean dumping of all sewage sludge and industrial waste (Public Law 100-688). Britain and the North Sea countries also intend to end ocean dumping of sewage sludge. During the Thirteenth Consultative Meeting of the London Dumping Convention in 1990, the contracting states agreed to terminate all industrial ocean dumping by the end of 1995.

While the volume of sewage sludge and industrial waste dumped at sea is decreasing, ocean dumping of dredged material is increasing. Incineration at sea requires a special permit and is regulated according to criteria contained in an addendum to Annex I of the convention.

In 1996, the London Dumping Convention was replaced by the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. Among the changes is the "reverse list." The Protocol only allows dumping material that is listed in Annex I, it is referred to as the "reverse list" since it completely reverses the original Annex I. Incineration at sea is now completely banned, unless there is an emergency, as is the exportation of waste to other countries for ocean dumping. In 2001, the Protocol had been ratified by 16 states, but needs to be ratified by 26, 15 of which must be Contracting Parties to the Convention, in order to be put into force.

See also Marine pollution; Seabed disposal

[Marci L. Bortman ]

RESOURCES

PERIODICALS

Duedall, I. W. "A Brief History of Ocean Disposal." Oceanus 33 (Summer 1990): 29-33+.

Kitsos, T. R., and J. M. Bondareff. "Congress and Waste Disposal at Sea." Oceanus 33 (Summer 1990): 23-8.

U.S. House of Representatives. House Report No. 100-1090. Ocean Dumping Ban Act Conference Report, 2nd Session, 100th Congress, 1990.

OTHER

National Ocean Servie, International Program Office. The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, London, 1972. [June 2002]. <http://international.nos.noaa.gov/conv/ldc.html>.