Page 12: of Maritime Reporter Magazine (December 2004)

Government Update means a disposition of material.

Research has revealed three prior prosecutions for alleged violations of the Ocean Dumping Act. The first, in 1988, ended in an acquittal on the dump- ing allegations, but convictions with regard to other environmental crimes.

Baytank (Houston), Inc.. its parent com- pany, five executives, and fourteen sea- men were charged with violating vari- ous federal environmental laws, includ- ing the Ocean Dumping Act. The Ocean

Dumping Act charges resulted from a whistle-blower report by a disgruntled employee, who alleged that wastewater was being loaded on a ship for illegal disposal at sea. EPA investigators boarded the ship in port and found the wastewater. At trial, the court directed an acquittal on the Ocean Dumping Act •fM

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Circle 205 on Reader Service Card charges since the wastewater had not been dumped and there was insufficient evidence to prove the intent to illegally dump the wastewater at sea. Baytank and three executives were convicted of various environmental violations other than violation of the Ocean Dumping

Act. The company was sentenced to a $1 million fine. The company's former executive vice president and former operations manager were each sen- tenced to a fine of $40,000. The compa- ny's former technical manager was sen- tenced to a fine of $20,000.

In 1993, two executives were sen- tenced to confinement and criminal fines in a case involving the illegal dumping of a cargo of incinerator ash from the M/V Khian Sea. Incinerator ash from Philadelphia was loaded on the vessel in 1986 under a contract that called for legal disposal in another coun- try. The vessel owner attempted to unload the ash in various countries, including the Bahamas, Honduras,

Haiti, and Guinea Bissau, but when word was publicized that the ash was potentially toxic, no country would accept the cargo. The vessel returned to

Delaware Bay in May 1988. It soon departed, calling in Yugoslavia (where its name was changed) and Singapore.

When it arrived in Singapore in

November 1988, its holds were empty.

At trial, the master testified that the two executives ordered him to dump the incinerator ash as the vessel was transit- ing the Atlantic and Indian Oceans. The two executives were convicted of illegal dumping and of lying to the grand jury.

The company president was sentenced to 37 months in prison and a fine of $7,500. The company vice president was sentenced to five months confine- ment. five months detention, and a fine of $20,000.

A ship owner and a former port captain were sentenced to a criminal fine of $250,000 and confinement for six months, respectively, in May 1998, for dumping drums of oil residue and clean- ing wastes into the Pacific Ocean.

Trinidad Corporation, a subsidiary of

Apex Oil Corporation, and the compa- ny's former port captain in Portland,

Oregon, pleaded guilty to violating the

Ocean Dumping Act. The charges arose from the dumping of approximately 365 drums of oil residue and cleaning wastes (muck) from the vessel Admiralty Bay in September 1990 and September 1992.

The wastes were stored in 55-gallon drums on the vessel's deck and were dumped into international waters after the ship left port. While dumping of the ship-generated waste may have been permissible under the MARPOL

Convention under certain conditions if discharged as generated, storing the waste in drums for a large-scale dump- ing is not authorized by MARPOL.

The three prior prosecutions and the ongoing one should send a clear signal to ship owners and operators that they must heed the U.S. Ocean Dumping Act and its strictures. The U.S. Government and the EPA have long arms that can, in appropriate cases, reach halfway around the world. It is a violation of the U.S.

Ocean Dumping Act for a U.S. ship to dump material into the ocean anywhere in the world. It is a violation of the U.S.

Ocean Dumping Act for a non-U.S. ship to dump material into the ocean any- where in the world if that material was generated or loaded on the ship while in the United States. It is thus recom- mended that ships dispose of their garbage (including dunnage generated by discharging cargo in a U.S. port) ashore prior to departure from the

United States. 12

ACMA, VT Halter Win NOAA Deal

The National Oceanic and Atmospheric Administration (NOAA) awarded Alan C. McClure

Associates (ACMA) and VT Halter Marine Phase II of a three-part contract that calls for the design, development and construction of a new Small Waterplane Area Twin Hull (SWATH) coastal map- ping vessel (CMV). Initially, NOAA awarded two teams the chance to participate in the first phase of the project. ACMA and VT Halter Marine were one of the two teams that qualified for Phase I, a stage that lasted four months and consisted of Feasibility Analysis and Preliminary Design con- tracts. Phase II will entail the Contract Design and is expected to wrap up around May of 2005. At that time, NOAA will decide whether to proceed with the last phase of the program which will be the Detail Design and

Construction of the NOAA SWATH CMV.

The primary mission of the ship will be to con- duct full seafloor mapping of coastal areas.

Doug Ottens, principal marine engineer with

ACMA, explained the significance in terms of

US National Security, "In mapping the U.S. coastal seafloor, we will be able to monitor discrete changes and detect any potential intruders."

Maritime Reporter & Engineering News