EPA v. ROYAL CARIBBEAN CRUISES, LTD., LARGE CRUISE SHIP VESSEL / FREEDOM OF THE SEAS

Case summary

9/30/13 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ON OR ABOUT OCT 11, 2012, EPA RECEIVED A CITIZEN'S COMPLAINT OF AN INCIDENT THAT OCCURRED ON OR ABOUT OCT 7, 2012, INVOLVING THE OBSERVATION OF A VISIBLE SHEEN OF ANTI-FOULING PAINT RESIDUE FLOATING ON THE WATERS OF PORT CANAVERAL THAT ALLEGEDLY ORIGINATED FROM THE FREEDOM OF THE SEAS DURING HULL CLEANING OPERATIONS. ON DEC 20, 2012, EPA SENT AN INFO REQUEST LETTER PURSUANT TO CWA 308 TO RESPONDENT REQUESTING INFO REGARDING, IN PART, FREEDOM OF THE SEAS' COMPLIANCE WITH REQUIREMENTS OF THE VGP. AS A RESULT OF THE INVESTIGATION CONDUCTED BY EPA, INCLUDING A REVIEW OF THE RESPONDENT'S RESPONSE TO THE INFO REQUEST, EPA MADE THE FOLLOWING OBSERVATIONS AND DETERMINATIONS: A. A VISIBLE CLOUD AND PLUME FULL OF ANTI-FOULING PAINT WERE OBSERVED BY PORT AUTHORITY OFFICIALS IN PORT CANAVERAL, A NAVIGABLE WATER OF THE U.S., DURING AND AFTER THE CLEANING OF THE POINT SOURCE, FREEDOM OF THE SEAS, IN OCT 2012. THE OBSERVATIONS MADE BY PORT AUTHORITY OFFICIALS DEMONSTRATE THAT RESPONDENT ALLOWED EXCESSIVE UNDERWATER SHKIP HUSBANDRY DISCHARGES OF POLLUTANTS, IN THE FORM OF ANTI-FOULING PAINT CONTAINING COPPER AND OTHER DEBRIS LOOSED FROM THE HULL OF THE FREEDOM OF THE SEAS DURING HULL CLEANING OPERATIONS WITHOUT UTILIZING METHODS TO REDUCE THE DISCHARGES INTO WATERS OF THE U.S. ON OR ABOUT OCT 7, 2012 IN VIOLATION OF PART 2.2.23 OF THE VGP. B. RESPONDENT NOTIFIED THE NATIONAL RESPONSE CENTER ON OCT 7, 2012 OF THE UNDERWATER SHIP HUSBANDRY DISCHARGE INCIDENT. HOWEVER, RESPONDENT DID NOT ORALLY NOTIFY EPA, REGION 4 IN ACCORDANCE WITH PART 8 OF THE VGP WITHIN 24 HOURS OF BECOMING AWARE OF THE DISCHARGE IN VIOLATION OF PART 4.4.3 OF THE VGP SINCE THE ANTI-FOULING PAINT RELEASED INTO PORT CANAVERAL CONTAINED COPPER, AND THUS MAY ENDANGER HEALTH OR THE ENVIRONMENT. C. RESPONDENT FAILED TO PROVIDE A WRITTEN REPORT TO EPA, REGION 4, IN ACCORDANCE WITH PART 8 OF THE VGP WITHIN 5 DAYS OF BECOMING AWARE OF THE UNDERWATER SHIP HUSBANDRY DISCHARGE IN VIOLATION OF PART 4.4.3 OFTHE VGP. D. BASED ON THE FAILURE OF RESPONDENT AND/OR THOSE ACTING ON IT SBEHALF TO UTILIZE METHODS TO REDUCE UNDERWATER SHIP HUSBANDRY DISCHARGES FROM FREEDOM OF THE SEAS INTO PORT CANAVERAL IN OCT 2012 DEMONSTRATES THAT FREEDOM OF THE SEAS' CREW MEMBERS ACTIVELY TAKING PART IN THE MANAGEMENT OF SUCH DISCHARGES WERE NOT ADEQUATELY TRAINED TO DEMONSTRATE PROFICIENCY IN IMPLEMENTING DISCHARGE REDUCTION METHODS IN VIOLATION OF PART 5.1.3 OF THE VGP. THEREFORE, RESPONDENT VIOLATED CWA 301 AND 402 BY FAILING TO COMPLY WITH CONDITIONS OF THE VGP.

Defendants (2)

• ROYAL CARIBBEAN CRUISES, LTDNamed in settlement
• FREEDOM OF THE SEASNamed in settlement

Facilities (1)

• FREEDOM OF THE SEAS LARGE CRUISE SHIP VESSEL

  9005 CHARLES M. ROWLAND DRIVE, CAPE CANAVERAL, FL, 32920

  Registry ID: 110056142099

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ROYAL CARIBBEAN CRUISES, LTD., LARGE CRUISE SHIP VESSEL / FREEDOM OF THE SEASentered 2013-09-30

  Primary law: CWA

Timeline (3 milestones)

• 2013-09-30Final Order Issued
• 2013-10-30Enforcement Action Data Entered
• 2014-01-15Enforcement Action Closed