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Water Act News

25 Mar 2024

US Dredging: Plenty of Issues, New WRDA on the Way

(Photo: Janet Meredith / U.S. Army Corps of Engineers)

2024 marks another year for development of a biennial WRDA bill—Water Resources Development Act, critical legislation for the Nation’s waterways, ports and harbors. WRDA encompasses a range of issues, from environmental regs to energy use to agriculture and, of course, a focus on projects critical for economic growth.Because these are dynamic and timely issues, Congress and the maritime sector like to keep WRDA on a two-year reauthorization timeline. Indeed, the House Transportation & Infrastructure Committee, December and January, held three WRDA information hearings.

16 Oct 2023

Massachusetts Offshore Wind Farm Dodges Lawsuits over Environmental, Fishing Concerns

Credit: Avangrid

A U.S. judge has rejected challenges to federal environmental permits and construction approvals for a $4 billion offshore wind farm near Massachusetts, which commercial fishing groups have claimed will harm whales and impair their businesses.U.S. District Judge Indira Talwani in Boston last Thursday tossed the final two federal district court lawsuits directly challenging the Vineyard Wind project roughly 15 miles south of Martha’s Vineyard, which would be the first commercial…

03 Aug 2023

CMA CGM Settles with US EPA over Alleged Dumping Violations

© Mariusz / Adobe Stock

France-based CMA CGM, the world’s third largest shipping container company, will pay $165,000 in penalties as part of its settlement with the U.S. Environmental Protection Agency (EPA) over claims of violations of EPA’s Vessel General Permit issued under the Clean Water Act. “The Vessel General Permit is a key element of the Clean Water Act. When companies and their ships don’t comply with this permit, the quality of our nation’s already-challenged waters can be seriously impacted,” said EPA Pacific Southwest Regional Administrator Martha Guzman.

27 Jul 2023

Hybrid Research Vessel Delivered to University of Vermont

Marcelle Melosira (Photo: Derecktor Shipyards)

Derecktor Shipyards NY in Mamaroneck, N.Y. announced it has delivered a new hybrid research catamaran to the University of Vermont (UVM). The innovative vessel, Marcelle Melosira, will serve as a floating classroom and laboratory, enabling advanced research operations and hands-on educational programs.Designed by Chartwell Marine and built in collaboration with UVM and Chartwell, the 64-foot research catamaran has been crafted to fulfill the functions outlined by UVM’s Rubenstein School of Environment & Natural Resources.

29 Jun 2023

EPA Settles Ballast Water Violation Claims

© kulkann / Adobe Stock

The U.S. Environmental Protection Agency (EPA) has settled with two shipping companies over claims of violations of EPA’s Vessel General Permit issued under the Clean Water Act.Under the terms of the settlements, Swire Shipping Pte. Ltd. will pay $137,000 in penalties and MMS Co. Ltd. will pay $200,000 in penalties for claims of ballast water discharge, inspection, monitoring, and reporting violations.The violations relate to Singapore-based Swire Shipping’s vessels, the Papuan Chief and the New Guinea Chief…

13 Nov 2022

Responder Immunity

Copyright Björn Wylezich/AdobeStock

The Federal Water Pollution Control Act (FWPCA – also known as the Clean Water Act), as amended by the Oil Pollution Act of 1990 (OPA 90), contains a responder immunity provision. That provision states, in pertinent part:(A)A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President relating…

06 Sep 2022

New Dredged Material Guidance for the Great Lakes Region

USACE Buffalo District contractor Ryba Marine Construction Co. pumps out dredged material from a scow in Toledo Harbor and into a confined disposal facility, Toledo, Ohio, November 4, 2020. (Photo: Jason Scott / U.S. Army Corps of Engineers)

Researchers from the U.S. Army Engineer Research and Development Center (ERDC) Environmental Laboratory and the U.S. Army Corps of Engineers (USACE) Great Lakes Districts — Buffalo, Detroit and Chicago — recently released a technical report providing guidance for evaluating the environmental suitability of dredged material in the Great Lakes region.The “Environmental Evaluation and Management of Dredged Material for Beneficial Use: A Regional Beneficial Use Testing Manual for…

16 Apr 2021

Algoma Fined for US Dumping Violations

Canadian shipping company Algoma Central Corporation was fined $500,000 in the U.S. after pleading guilty to dumping wastewater into Lake Ontario.One of the Great Lakes operator's dry bulk carriers, the Algoma Strongfield, was built in China and delivered to Canada on May 30, 2017, by a crew from Redwise Maritime Services, B.V., a vessel transport company based in the Netherlands.During the delivery voyage, while manned by a Redwise crew, the oily water separator and oil content monitor malfunctioned or failed on multiple occasions, which resulted in an accumulation of unprocessed oily bilge water. On May 5, 2017, an Algoma employee…

25 Feb 2021

PIL Fined $3 Million Over Felony Dumping Violations

Singapore-based shipping company Pacific International Lines (PIL) will pay $3 million in fines after pleading guilty to felony dumping violations in Hagatna, Guam.The vessel operating company and two engineers were sentenced for illegally discharging oil and for maintaining false and incomplete records relating to the discharges of oily bilge water from the containership Kota Harum in 2019. PIL, chief engineer Maung Maung Soe, and second engineer Peng Luo Hai admitted that oily bilge water was illegally dumped from the Kota Harum directly into the ocean and into Apra Harbor, Guam without being properly processed through required pollution prevention equipment.

26 Jan 2021

Guam Shipyard Settles EPA Pollution Violations

(Photo: Corey Hensley / U.S. Navy)

Ship repair yard Guam Shipyard will pay nearly $70,000 and take measures to improve its facilities following multiple pollution violations discovered by the U.S. Environmental Protection Agency (EPA) in 2018.The EPA said on Tuesday its settlement with Guam Industrial Services, Inc., doing business as Guam Shipyard, includes a $68,388 penalty as well as mandatory installation of preventative measures to reduce the discharge of stormwater pollutants into Apra Harbor.Guam Shipyard operates a ship repair facility on Cabras Island in Piti…

21 Aug 2020

US Continues to Crack Down on Maritime Pollution Crimes Despite COVID-19

© Kirk / Adobe Stock

United States Department of Justice’s steadfast protection of U.S. waters equates to criminal charges and massive finesThe United States has a long history of holding companies and individuals accountable for violating environmental laws and regulations, including the International Convention for the Prevention of Pollution from Ships (MARPOL). With the 40th anniversary of the passage of the Act to Prevent Pollution from Ships (APPS), which implements MARPOL, United States government agencies continue to prioritize the protection of oceans and waterways from pollution.

24 Jun 2020

Marine Salvage and SMFF Regulations

THE GOLDEN RAY response project, although still unfinished, provides a stark example of how easily the US spill response program can get off track. U.S. Coast Guard photo by Brian McCrum

The Federal Water Pollution Control Act (FWPCA, often called the Clean Water Act), as amended by the Oil Pollution Act of 1990 (OPA 90), provides:If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources…

18 Dec 2019

DOJ: F/V Owner & Operator Fined $1 mln

AdobeStock / © Renaschild

Fishing Vessel Owner and Operator Plead Guilty and Fined $1 Million for Discharging Oily Waste into the Coastal Waters of the United States Sea Harvest Inc., operator of the fishing vessels Enterprise and Pacific Capes, along with Fishing Vessel Enterprises Inc., the vessels’ owner, pleaded guilty today to violating the Clean Water Act for both knowing and negligent discharges of oily bilge water from the vessels’ engine rooms. The companies were sentenced to pay a $1 million criminal fine and serve a five-year term of probation.

11 Sep 2019

Guam Shipyard Ordered to Control Pollution

The U.S. Environmental Protection Agency (EPA) has ordered Guam Shipyard to obtain a stormwater discharge permit and to achieve compliance with the Clean Water Act for discharges of pollutants into Apra Harbor, Guam.“Ship repair facilities must have stormwater pollution controls to protect coastal ecosystems,” said EPA Pacific Southwest Regional Administrator Mike Stoker. “This order will prevent pollution from reaching Apra Harbor.”Guam Shipyard operates a ship repair facility on Cabras Island in Piti, Guam. It has operated industrial activities, including boat repair, sandblasting, high pressure washing, painting and material storage since at least January 2016.EPA inspected the facility on September 2018 and found multiple violations of the Clean Water Act.

09 Aug 2019

Fishing Company hit with $500K Fine

This is the Vila Nova do Corvo II moored up in Leonard's Wharf on Friday, Aug. 9, 2019 in New Bedford, Massachusetts. The company Vila Nova do Corvo II, Inc., company managers Carlos Rafael and Stephanie Rafael DeMello, and vessel captain Carlos Pereira agreed to pay a total of $511,000 in civil penalties and to perform vessel improvements after the United Station filed complaints alleging to violations of the Clean Water Act, discovered during Coast Guard boarding operations. (U.S. Coast Guard

New Bedford, Massachusetts-based Vila Nova do Corvo II, Inc., company managers Carlos Rafael and Stephanie Rafael DeMello, and vessel captain Carlos Pereira agreed to pay a total of $511,000 in civil penalties and to perform vessel improvements.This was to ensure compliance measures to resolve federal Clean Water Act claims stemming from oily bilge discharges from the commercial fishing vessel Vila Nova do Corvo II, a related discharge of fuel oil filters, and violations of pollution control regulations.The United States filed the complaint in this action in April 2019 in the U.S.

14 May 2019

Houston Port Restrictions Could Last All Week

A file image of a typical Kirby pushboat and barge. CREDIT: Kirby Corporation

The Houston Ship Channel could remain under one-way travel restrictions all week following a collision between a deep-draft ship and a barge that spilled petrochemicals into the waterway, according to an official.About 9,000 barrels of gasoline spilled into the channel near Bayport, Texas, when a 755-foot (230-m) tanker collided with a Kirby Inland Marine tugboat towing two barges containing the fuel. One barge ruptured and the other capsized.The U.S. Coast Guard limited travel to one-way traffic because barges blocked part of the channel.

13 May 2019

USCG: Houston Ship Channel Moving Inbound Only

An aerial image of the houston Ship Channel and adjacent refining complex (AdobeStock / ©  Irina K

Shipping along the Houston Ship Channel was limited to one-way traffic on Monday after a barge collided with a deep-draft ship that spilled petrochemicals into the waterway over the weekend, officials said.About 9,000 barrels of gasoline spilled into the channel near Bayport, Texas, when a 755-foot (230-m) tanker collided with a Kirby Inland Marine tugboat towing two barges containing the fuel. One barge ruptured and the other capsized. The one-way traffic limitation is due to the barges blocking part of the channel.

05 May 2019

Two Greek Shippers Fined for Dumping Oil in Texas Ports

Two Greek shipping companies have been fined $4 million in a U.S. plea deal for not reporting 2017 illegal oil discharges by a tanker at some Texas ports.“Two Greek shipping companies, Avin International LTD and Nicos IV Special Maritime Enterprises, were sentenced today on charges stemming from several discharges of oil into the waters of Texas ports,” the Department of Justice said in a press release.The companies in November pleaded guilty to obstruction of an agency proceeding, failure to report discharge of oil and negligent discharge of oil.Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel.

12 Mar 2019

HazSub Spill Response Plans

© VanderWolf Images/AdobeStock

On August 18, 1990, the Oil Pollution Act of 1990 (OPA 90) was enacted into law. Section 4202 of that Act amended the Federal Water Pollution Control Act (FWPCA or Clean Water Act) to require tank vessels and marine transportation-related facilities to prepare and submit to the US Coast Guard plans for responding, to the maximum extent practicable, to a worse case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance carried in bulk as cargo.

11 Mar 2019

Senator Debuts Bill to Repeal Jones Act

Sen. Mike Lee (R-UT) introduced the Open America’s Water Act of 2019 last week, according to a press release from the senator, a bill which would repeal the Jones Act and allow all qualified vessels to engage in domestic trade between U.S. ports.“Restricting trade between U.S. ports is a huge loss for American consumers and producers," said the Senator in the press release. "It is long past time to repeal the Jones Act entirely so that Alaskans, Hawaiians, and Puerto Ricans aren’t forced to pay higher prices for imported goods—and so they rapidly receive the help they need in the wake of natural disasters.”In 1920, Congress passed the Merchant Marine Act (the Jones Act), which requires all goods transported by water between U.S.

07 Dec 2018

The Vessel Incidental Discharge Act (VIDA) - Immediate Implications of the New Law

AdobeStock / © Renaschild

This week, on December 4, 2018, President Trump signed into law the Vessel Incidental Discharge Act (VIDA): Title IX of the Frank LoBiondo Coast Guard Reauthorization Act of 2018.VIDA establishes a new framework for the regulation of vessel incidental discharges, adding a new Clean Water Act (CWA) Section 312(p): Uniform National Standards for Discharges Incidental to Normal Operation of Vessels. The U.S. Environmental Protection Agency (EPA) and the U.S. Coast Guard (USCG) are…

26 Jul 2018

INSIGHTS: William D. Friedman

Port of Cleveland President & CEO and newly elected Board Chairman of the American Association of Port Authorities William Friedman weighs in this month on the Port of Cleveland and its role in the all important Great Lakes trades.When the American Association of Port Authorities (AAPA) announced the election of Port of Cleveland President and CEO, William D. Friedman, to serve as chairman for the 2018-19 year, beginning this October, it was perhaps a conscious decision to tap someone who has a broad range of experience and skills in myriad ports, large and small. That’s Friedman in a nutshell. AAPA represents 140 of the leading maritime port authorities in this hemisphere. If you’ve seen one port; well, you’ve seen one port.

10 Jul 2018

The EPA's Clean Water Act and Understanding VGP

The Vessel General Permit (VGP) falls under the National Pollutant Discharge Elimination System (NPDES) of the Federal Water Pollution Control Act (FWPCA), better known as the Clean Water Act. It is administered by the US Environmental Protection Agency (EPA), an agency not well known or understood by the maritime industry.For years, the EPA had adopted a policy of broadly exempting discharges into the water that were incidental to normal operation of vessels. That changed after environmental advocacy groups prevailed in a judicial challenge. The first iteration of the VGP entered into effect in 2008 and remained in effect until replaced by the current iteration in 2013.