07/08/2014 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $6,600, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON NOV 6, 2013, EPA PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) ONBOARD THE HONOURABLE HENRY JACKMAN WHILE THE VESSEL WAS MOORED IN THE PORT OF JACKSONVILLE, FL, FOR CARGO OFF-LOADING OPERATIONS. AS A RESULT OF THE CEI, EPA MADE THE FOLLOWING OBSERVATIONS AND DETERMINATIONS:
A. RESPONDENT FAILED TO PERFORM INSPECTIONS ON A WEEKLY BASIS AS REQUIRED BY VGP. SPECIFICALLY, RESPONDENT CONDUCTED INSPECTIONS ON A MONTHLY ROUTINE VERSUS A WEEKLY, OR PER VOYAGE ROUTINE, AND THUS FAILED TO PERFORM AT LEAST 3 OF 4 INSPECTIONS REQUIRED EACH MONTH FROM NOV 2010 TO NOV 2013.
B. RESPONDENT FAILED TO ADEQUATELY CONDUCT COMPREHENSIVE ANNUAL INSPECTIONS AS REQUIRED BY VGP. SPECIFICALLY, THE COMPREHENSIVE ANNUAL INSPECTION RECORDS FROM NOV 2010 TO NOV 2013 SHOW THAT THE VESSEL DID NOT EXAMINE THE HULL UNDERNEATH THE WATERLINE FOR ATTACHED ORGANISMS, FLAKING ANTI-FOULANT PAINT, EXPOSED TBT OR OTHER ORGANOTIN SURFACES; DID NOT SHOW THAT ALL SPACES WHERE INSPECTED THAT PROVIDE FOR OIL AND CHEMICAL STORAGE, CARGO AREAS AND WASTE STORAGE AREAS; AND DID NOT SHOW THAT ROUTINE MAINTENANCE RECORDS WERE REVIEWED BY QUALIFIED PERSONNEL TO ENSURE THAT REQUIRED MAINTENANCE IS BEING PERFORMED.
THEREFORE, RESPONDENT HAS VIOLATED CWA SECTIONS 301 AND 402 BY FAILING TO COMPLY WITH CONDITIONS OF THE VGP.