|
Oil pollution is prohibited by both
international and US law. |
MARPOL
|
Introduction to the MARPOL Treaty
"The Parties to the Convention being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of Pollution of the Sea by Oil 1954, as being the first multilateral instrument to be concluded with the prime objective of protecting the environment, and appreciating the significant contribution which that Convention has made in preserving the seas and coastal environment from pollution, Desiring to achieve the complete elimination of intentional pollution of the marine environment by oil and other harmful substances and the minimization of accidental discharge of such substances, Considering that this object may best be achieved by establishing rules not limited to oil pollution having a universal purport..." |
|
MARPOL was created by the International Maritime Organization (IMO), a part of the United Nations that supervises international shipping, to prevent marine pollution by ships. The treaty went into force on October, 2 1983.
It's goal is "the complete elimination" of intentional pollution of the marine environment by oil and other harmful substances, while also "minimizing accidental discharges of such substances."
156 states have signed the treaty, representing 99.42% of the world's shipping tonnage, as of January 2018.
It's goal is "the complete elimination" of intentional pollution of the marine environment by oil and other harmful substances, while also "minimizing accidental discharges of such substances."
156 states have signed the treaty, representing 99.42% of the world's shipping tonnage, as of January 2018.
MARPOL Annex I:
Oil Pollution
|
MARPOL's first section, Annex I, deals with oil pollution and engine room waste and established three key requirements for commercial ships:
1. All ships weighing more than 400 gross tons must maintain an accurate Oil Record Book to document the movement and fate of all oil brought on board. The Oil Record Book helps crew members log and keep track of oily waste water discharges. 2. No waste oil or oily water can be discharged into the sea unless the ship is en route and the mixture is passed through an Oily Water Separator that reduces the oil content to less than 15 parts per million of water. 3. All discharges of oily water within 50 miles of shore are prohibited. The second section of Annex I set rules about cleaning out oily cargo areas and tanks. |
The other five parts, or annexes, cover all other forms of marine pollution.
Annex II: Noxious Liquid Substances carried in Bulk Annex III: Harmful Substances carried in Packaged Form. Annex IV: Sewage Annex V: Garbage Annex VI: Air Pollution |
MARPOL AND THE UNITED STATES:
THE ACT TO PREVENT
POLLUTION FROM SHIPS
|
The Act to Prevent Pollution from Ships (APPS) was passed by the US Congress in 1980 to implement The International Convention for the Prevention of Pollution from Ships (1973) as modified by the MARPOL protocol of 1978, which established environmental pollution standards for shipping.
The Act to Prevent Pollution from Ships made it a crime to knowingly violate the oil pollution provisions of MARPOL. APPS covers almost all US-flagged and foreign commercial ships in US navigable waters. It also covers the actions of US-flagged ships around the world. KEY PROVISIONS
PENALTIES: “A person who knowingly violates the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder commits a class D felony." (33 U.S.C. § 1908a) Individuals can receive a fine of up to $200,000 per count or up to twice the gross gain or loss from the offense. Individuals can also be imprisoned for up to six years. Corporations can face fines of up to $500,000 per count or up to twice the gross gain or loss from the offense. APPS regulations for oil pollution can be found at Title 33, Code of Federal Regulations, part 151. |
The OSG ship Rebecca leaves an oily trail in the water. OSG pled guilty and paid $5.25 million in penalties in 2007.
Credit: US DOJ
|
The Whistleblower provision in APPS
The Act to Prevent Pollution from Ships also authorizes the payment of "an amount equal to not more than 1/2 of such fine may be paid to the person giving information leading to conviction."
Whistle blower awards have become a powerful tool for identifying and convicting outlaw vessels who try to save money by breaking the law and polluting the environment.
Whistleblower Awards
WHISTLEBLOWERS have received awards awards in 72 OIL POLLUTION CASES through January 2017.
The total amount paid out to whistleblowers is $540 MILLION DOLLARS.
The highest individual whistleblower award to date is $2.1 MILLION DOLLARS.
The average individual award is $237,000 DOLLARS.
Please visit our Whistleblower Files for more information about individual cases and awards.
The total amount paid out to whistleblowers is $540 MILLION DOLLARS.
The highest individual whistleblower award to date is $2.1 MILLION DOLLARS.
The average individual award is $237,000 DOLLARS.
Please visit our Whistleblower Files for more information about individual cases and awards.
Origins of MARPOL
THE Origins of MARPOL: The WRECK OF THE TORREY CANYON SUPERTANKER
When the Torrey Canyon oil tanker ran aground off the coast of England on March 18, 1967, the world found itself unprepared for the wide-ranging environmental consequences.
The Torrey Canyon was one of a new generation of giant supertankers, and the scale of the disaster, threatening coastlines in England, France and Spain, caused the international community to realize it needed new tools to respond to the growing threat of marine oil pollution.
"We suddenly realized that oil had a cost as well as a benefit," says Professor Joanna Burger, an expert on oil spills and their impact on wildlife at Rutgers University, "and that this was an international problem."
The Liberia-registered vessel chartered to British Petroleum was carrying oil from Kuwait to a refinery at Milford Haven in Wales, when it ran aground on rocks near Cornwall, England. The impact shattered several of its vast oil tanks, spilling nearly 120,000 tons of crude oil into the ocean.
The British government panicked. The British Air force was deployed to bomb the wreck in an attempt to blow up the remaining oil, and also used napalm to try to burn the spilled oil off the ocean. They also used thousands of gallons of an untested detergent, which later turned out to be highly toxic to marine life, to try to disperse the oil that was washing up on the shores of three nations.
The Torrey Canyon was one of a new generation of giant supertankers, and the scale of the disaster, threatening coastlines in England, France and Spain, caused the international community to realize it needed new tools to respond to the growing threat of marine oil pollution.
"We suddenly realized that oil had a cost as well as a benefit," says Professor Joanna Burger, an expert on oil spills and their impact on wildlife at Rutgers University, "and that this was an international problem."
The Liberia-registered vessel chartered to British Petroleum was carrying oil from Kuwait to a refinery at Milford Haven in Wales, when it ran aground on rocks near Cornwall, England. The impact shattered several of its vast oil tanks, spilling nearly 120,000 tons of crude oil into the ocean.
The British government panicked. The British Air force was deployed to bomb the wreck in an attempt to blow up the remaining oil, and also used napalm to try to burn the spilled oil off the ocean. They also used thousands of gallons of an untested detergent, which later turned out to be highly toxic to marine life, to try to disperse the oil that was washing up on the shores of three nations.
The Torrey Canyon Supertanker hit rocks off the Coast of England on March 18, 1967. It produced the world's largest oil spill seen up to that time.
|
The British Army was used to pour barrels of detergent into the water in an attempt to keep the oil from fouling British beaches and coastlines.
|
The spill is believed to have killed nearly 15,000 sea birds and huge numbers of marine organisms.
The Torrey Canyon disaster also revealed deficiencies in the international system for cleaning up and providing compensation following accidents at sea -- and inspired the creation of a new treaty, the Marine Treaty on Oil Pollution, known as MARPOL, to regulate oil pollution in the world's oceans.
The Torrey Canyon disaster also revealed deficiencies in the international system for cleaning up and providing compensation following accidents at sea -- and inspired the creation of a new treaty, the Marine Treaty on Oil Pollution, known as MARPOL, to regulate oil pollution in the world's oceans.
T3 Media. Tanker dumping oily waste from cargo tank into ocean.
Until the mid-twentieth century, most commercial ships simply pumped sludge and oily bilge-water into the sea.
Concern about the dangers of marine oil pollution began to grow following the destruction of the Second World War and the rebuilding of the international community.
Concern about the dangers of marine oil pollution began to grow following the destruction of the Second World War and the rebuilding of the international community.
The world's first international agreement to limit marine oil pollution was passed in 1954 with ratification of the International Convention on the Prevention of Pollution of the Sea by Oil (OILPOL). The International Maritime Organization (IMO), a specialized branch of the United Nations, was charged with managing OILPOL, initially through its Maritime Safety Committee. This agreement prohibited discharges of oil within 50 miles of shore and also required that discharges be recorded in an oil record book, which would be subject to regular inspections. It was the world's first multilateral agreement passed to protecting the environment. It would not be the last.
Meeting of the International Maritime Organization in 1959. Photos courtesy of the IMO.
Thirty years later, it had become clear that oil pollution from accidents like the wreck of the Torrey Canyon, while spectacular, were not the biggest threat to the health of the world's oceans. Everyday operational pollution from commercial shipping, including the intentional dumping of waste oil overboard and the washing out of tanks at sea, actually posed the biggest threat to the health of the world's oceans.
The Marine Treaty on Oil Pollution (MARPOL), first written in 1973 and later revised in 1978 by the International Maritime Organization, would address both aspects of the oil pollution that was threatening the world's oceans.
The Marine Treaty on Oil Pollution (MARPOL), first written in 1973 and later revised in 1978 by the International Maritime Organization, would address both aspects of the oil pollution that was threatening the world's oceans.