EPA v. BERNHARD SCHULTE SHIPMANAGEMENT (INDIA) PRIVATE LIMITED, VESSEL HONOURABLE HENRY JACKMAN

Case summary

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.

Defendants (2)

• BERNHARD SCHULTE SHIPMANAGEMENT (INDIA) PRIVATENamed in complaintNamed in settlement
• VESSEL HONOURABLE HENRY JACKMANNamed in complaintNamed in settlement

Facilities (1)

• MOTOR VESSEL HON HENRY JACKSON (BERNHARD SCHULTE SHIPMANAGEMENT)

  5945 WILLIAM MILLS STREET, JACKSONVILLE, FL, 32226

  Registry ID: 110056973887

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BERNHARD SCHULTE SHIPMANAGEMENT (INDIA) PRIVATE LIMITED, VESSEL HONOURABLE HENRY JACKMANentered 2014-07-08

  Primary law: CWA

  Federal penalty: $6,600

Timeline (3 milestones)

• 2014-07-08Complaint Filed/Proposed Order
• 2014-07-08Final Order Issued
• 2014-07-15Enforcement Action Data Entered