Depends on the substances of contamination in the soil and the transboundary movement of waste
The BIMCO Marine department was requested to provide advice on whether”Contaminated Soil” could be shipped as a solid bulk cargo in the International Maritime Solid Bulk Cargoes (IMSBC) Code.
First and foremost, “Contaminated Soil” is definitely NOT one of the listed cargoes in the IMSBC Code, where carriage requirements are specifically laid down for its transport.
Bulk shipment of “Contaminated Soil” would have to be considered separately under a section called “Carriage of solid wastes in bulk” in the IMSBC Code.
“Wastes”, for thepurpose of the Code,are defined as solid bulk cargoes containing or contaminated with one or more substances which are subject to the IMSBC Code and which are substances applicable to classes 4.1 (Flammable solids etc), 4.2 (substances liable to spontaneous combustion), 4.3 (substances contact with water, emitting flammable gases), 5.1 (oxidizing substances), 6.1 (toxic substances), 8 (corrosive substances) or 9 (miscellaneous dangerous substances/articles) of the IMDG Code, and are transported purely for dumping, incineration or other methods of disposal. Section 10.6 of the IMSBC Code further lays down how the waste material in terms of it presenting hazardous properties shall be determined and classified accordingly.
For the required documentation in order to transport the waste material, the transboundary movement of such waste under Basel Convention as laid down in section 10.4 and 10.5 of the IMSBC Code will prevail; essentially a waste movement document and notification sent by the competent authority of the country of origin to the country of final destination and receiving written consent given by the latter authorizing the transport and how the waste shall be treated upon arrival. Note however, that this section 10 does NOT apply to substances contaminated with radioactive materials.
To sum up, the carriage of contaminated soil as a bulk cargo/waste shipment under section 10 of the IMSBC Code would depend primarily on the substances of contamination in the soil and the applicability of transboundary movement of waste.
Source: BIMCO
