MARPOL / APPS and Oil Waste Management

29 June 2007 No.545
The news media has recently reported on the many MARPOL / APPS violations cases in the United States, and the resulting hefty fines / penalties, and in some instances, even prison sentences, handed down by U.S.authorities for violating international and U.S. marine environmental pollution regulations. Because of the U.S. authorities' active enforcement of these provisions, and the importance of complying with them, the Association is willing to submit for the Members' review an advisory article prepared by Mr.Charles L. Whited, Jr.,of the New Orleans, Louisiana, USA, law firm Murphy, Rogers, Sloss & Gambel. The focus of this paper is the U.S. perspective regarding MARPOL/APPS's enforcement, and the possible repercussions for vessel interests when not complying fully with the regulations.

Although the Association does not cover those fines or penalties issued by U.S. authorities where Members knew or ought to have known of the offence, and failed to take reasonable measures to prevent it, the Association will nevertheless assist its Members in protecting their interests. In regard to the stance of coverage of the International Group P&I Clubs, please see our Circular No. 05-002 dated 14 June 2005. We hope this article will be of help to our Members.