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

Case summary

1/2/14 - CONSENT AGMT ISSUED, ASSESSING A PENALY OF $37,500, DUE WITHIN 30 DAYS. ALLEGATIONS: 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 ORGINATED 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, COMPLIANCE WITH REQUIREMENTS OF THE NPDES VESSEL GENERAL PERMIT (VGP). AS A RESULT OF THE INVESTIGATION CONDUCTED BY EPA, INCLUDING A REVIEW OF 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 SHIP 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 OPERATING, 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 TEH NATIONAL RESPONSE CENTER ON OCT 7, 2012 (INCIDENT #1026683), OF THE UNDERWATER SHIP HUSBANDRY DISCHARGE INCIDENT. HOWEVER, RESPONDENT DID NOT ORALLY NOTIFY EPA, REGION4 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 OF THE VGP. D. BASED UPON THE FAILURE OF RESPONDENT AND/OR THOSE ACTING ON ITS BEHALF 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.

Defendants (2)

• ROYAL CARIBBEAN CRUISES, LTDNamed in complaintNamed in settlement
• FREEDOM OF THE SEAS, LARGE CRUISE SHIP VESSELNamed in complaintNamed 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 2014-01-02

  Primary law: CWA

  Federal penalty: $37,500

Timeline (4 milestones)

• 2014-01-02Complaint Filed/Proposed Order
• 2014-01-02Final Order Issued
• 2014-01-30Enforcement Action Closed
• 2014-02-27Enforcement Action Data Entered