Be sure to strictly comply with US environmental laws - BIMCO

Posted September 2010 - BIMCO

According to a press release from the US Department of Justice, on 21 September, a Panamanian ship management company was sentenced to pay a USD 4 million penalty for deliberate pollution and obstruction of justice. The company was also sentenced to serve the maximum of five years’ probation, subject to following a compliance programe that includes audits by an independent firm and oversight by a court appointed monitor.
The sentence followed a guilty plea by the company in July relating to a number of felony violations of the US Act to Prevent Pollution from Ships, notably by deliberately discharging inter alia waste oil overboard, through a bypass hose that circumvented pollution prevention equipment required by law, and obstructing justice based upon false statements to the Coast Guard, destruction of evidence and other acts of concealment.
BIMCO is determined to raise awareness among members to ensure compliance with US environmental laws, including rules on oily water separators and oil record books, with a view to avoiding problems in relation to port calls in the US. Members are therefore suggested to seek guidance on visiting US ports and on US port State control inspections generally in BIMCO's updated Guide to Port State Control Inspections.
A Guide has also been produced in co-operation with the US Chamber of Shipping regarding the US Vessel General Permit (VGP). The purpose of the Guide is to provide guidelines for the crew so that they avoid unnecessary problems in relation to the VPG when calling at US ports or entering US waters.
In November, BIMCO will publish a similar guide to the new inspection regime in the Paris MoU which will come into force on 1 January 2011. This guide will include information on the new rules and how they will impact port State control and ship reporting obligations.
https://www.bimco.org/Members/News/General_News/2010/09/22_US_environmental_laws.aspx

Editors note:
Fleet owners using the Maritime Compliance Systems (MCS) developed by Quantum Compliance System can meet the requirement of the VGP as:
MCS - Performs all activities required to comply with the U.S. EPA's new Vessel General Permit (VGP) MCS allows users to track all aspects of this new regulation including:

* Permit Specifications
* Inspections and Monitoring Requirements
* Record-keeping and Reporting
* VGP Corrective Actions for any violation
* Training Requirements as defined by the VGP regulations