Volume 10: Number 1: February 2003
The problem of oily water separators
- We wish to draw attention to a number of high profile cases in the USA, where the
authorities have successfully prosecuted shipowners and mariners for breaches of
MARPOL regulations in respect of the operation of oily water separators and entries
in oil record books.
The Problem
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Although the US authorities have no jurisdiction over unauthorised discharges of
oil and oily water by foreign flagged ships in international waters outside the US
Exclusive Economic Zone (EEZ), the US Coast Guard (USCG) has launched a campaign
of strict inspection of the ships calling at US ports in respect of the operation
of the oily water separator and entries in the oil record book. They have
established an Oily Water Separator Systems Task Force (OWSSTF) specifically to
investigate these matters. MARPOL requires that a ship’s oily water separator must
reduce the oil content of engine room bilge water to below 15ppm before water can
be discharged into the sea. MARPOL also requires that the ship must maintain an
oil record book and log all movements of oil and oily wastes.
We have learnt with some dismay of a number of USCG boardings which follow a common pattern. As part of a routine port state control inspection, USCG inspectors will focus on oil record book irregularities and inconsistencies, such as figures showing that the amount of water pumped overboard is greater than the pump or separator capacity. They will note any inability by the crew to explain and demonstrate to them the operation of the oily water separator system. They will look for the existence of blank flanges, unusual pipework and flexible hoses, and evidence that nuts and bolts on flanges have been turned recently.
They may request that piping connections be loosened or valves dismantled and are prepared to take samples or swabs if oil is present. The presence of oil in a location where it should not normally be found could be used as evidence of an illegal discharge of oil. The USCG now involve other US agencies at an early stage of investigations in order to avoid criticism regarding the taking, and custody, of evidence.
- If suspicions are aroused, the authorities will return with a search warrant
and subpoenas. They will seize the oil record book, other log books, and even
computer hard drives. They will photograph evidence of tampering with flanges
and valves and interrogate the crew about the oil record book and oily water
separator maintenance and procedures. Grand Jury subpoenas may be served on members
of the crew to give testimony.
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Faced with exposure to such potential liabilities, what cover is available to a
shipowner from his Club?
Apart from using the Club’s local P&I correspondent for help and advice immediately a USCG inspection appears to be focusing on the oily water separator there is unfortunately very little that the Club can do to assist. If security is requested for the ship’s release a bond will have to be provided to the USCG either direct by the owner or, under certain circumstances, by the Club against the provision of suitable counter security from the owner. In addition to any fine, the shipowner will also face considerable ongoing expenses in respect of the investigation and outcome of the process. The owner will be obliged to provide criminal counsel, not only for the company, but possibly for each member of the crew. The owner will be required, at his expense, to present the crew for testimony and the USCG may target other ships in the same fleet for specific inspection on entry to US waters. On occasion the replacement of crew has been necessary in order to comply with Grand Jury subpoenas. The total overall cost of the uncovered risk is therefore likely to be very substantial.
How can an owner protect himself against such uninsured exposure?
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The only answer is to ensure that his ships are, at all times, fully in compliance with all MARPOL
requirements. To this end the master, chief engineer and crew must have complete
understanding of MARPOL requirements as they apply to the ship. (MARPOL applies to
tankers over 150gt and all other ships over 400gt).
Under MARPOL the only grounds for pumping oily water (with oil in excess of 15ppm) overboard is to avoid loss of life or property. These are rare occurrences. Where this does happen however full details must be logged in the oil record book with corroborating entries in other shipboard logs.
The rigorous enforcement of MARPOL is likely to spread to other countries, following the example of the US. Owners therefore need to consider the whole issue of oily water disposal within the context of bilge water management through both short and medium term actions.
The oil record book should be properly maintained, recording accurately all movements of oil and oily water on board, avoiding estimated figures and any entries which could be misunderstood or misinterpreted by the USCG. It is good practice to make entries in the oil record book at the time the activity has taken place. If it is discovered later that an entry has been omitted it should be inserted in the next space in the book, but must clearly show when the activity actually was undertaken. Make sure the book comprehensively records all actions. If residues are incinerated enter details of quantities burned, as well as how much ash was generated, how it was disposed of, as well as when and where.
Do not store any flexible hoses near to the oily water separator or bilge pumps as their presence could lead to the wrongful suspicion of an illegal by-pass of the oily water separator. For the same reason it is desirable to blank-off any flanges located at or near the oily water separator and overboard discharge valves which are not used in the course of normal operations. Ideally, when safe, stub ends of piping and blank flanges should be cropped off or flanges welded solid.
The observation of disturbed piping, valves and connections near the oily water separator and bilge pumps will arouse the suspicion of the USCG and lead to a more thorough examination of the ship and the operating procedures and records. The piping systems should correspond to the original Class approved drawings available onboard. A notice should be posted adjacent to the oily water separator stating that no modifications are permitted without prior written approval from the company. Any modifications permitted by the company must be incorporated in the drawings and submitted to Class for approval. Once approval has been received the redundant drawings should be disposed of to avoid any confusion.
- Try to reduce the amount of oil getting into the bilges in the first place.
Contain and eradicate oil leaks promptly and efficiently.
- Cleaning agents used in the machinery spaces can cause oily water to emulsify
adversely affecting the performance of the oily water separator and the oil content
monitor. Use only cleaning agents recommended by the oily water separator and oil
content monitor manufacturers.
- Consider options for increasing storage tank capacity for oily water, which
will reduce the need to use the oily water separator.
- Explore ways of reducing the quantity of oil in the oily water reaching the
separator, perhaps by decanting or pre-filtration.
- Verify, by independent audit on a regular basis, that the oily water separator
is working effectively, and in particular, that the oil content monitor calibration
is accurate. The latter can be achieved by the comparison of samples taken from the
oily water separator and analysed by an independent laboratory with the reading of
the oil content monitor at the time of the sampling.
Advice to the crew if the ship is subject to an investigation in a US port
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Unlike a shipboard investigation prompted by an incident, the early stages of a probe
by the USCG into compliance with MARPOL may not seem serious. The outcome however could
be significant fines and/or possibly imprisonment of both members of the crew and
company management. It is most important to answer any questions put by a representative
of the US Authorities truthfully. However to avoid any misunderstandings and to protect
your own position the following points should be considered.
- Ensure that the Master or other senior officer is made aware that crewmembers are being questioned.
- Always ask the questioner to provide proof of identity.
- Cooperate with the enquiry, but contact the P&I Club correspondent before answering any questions.
- Do not answer any questions until the lawyer is present.
- Do not sign or complete any documents proffered by the investigator until the lawyer is present.
- The lawyer acting on your behalf will advise you how to proceed.
(The Club correspondent will give advice and will appoint a lawyer to act on your behalf if necessary).
US Agencies that might be involved in an investigation
- Oily Water Separation Systems Task Force
- USCG Investigative Service
- US EPA Criminal Investigation Division
- Environmental Crimes Section of US DOJ
- US Attorney’s Office
- Federal Bureau of Investigations
- Ensure you act at all times in compliance with MARPOL regulations.
- Ensure the oil record book is accurate and includes full, unambiguous information, including disposal of residues and ash as appropriate.
- Cooperate fully with any enquiry by US Authorities.
- Contact the Club correspondent immediately you become aware that the investigators are interested in the operation of the oily water separator or the oil record book.
- Do not answer any further questions or complete any documents until you have spoken to your lawyer.
 Volume 10: Number 1: February 2003 |