200871 Cargo residues pollution claim

Recently one of our vessels discharged bulk alumina at a north European port. About 40 tonnes of damaged cargo was found in nos.1 and 2 holds and after completion of the necessary formalities, this was disposed of into a barge. An official disposal certificate was issued by the authorities but there was no mention that the cargo removed was damaged. The chief officer entered the amount in the garbage record book and attached the disposal certificate.

The vessel departed with all four holds containing nominal quantities of cargo residues. As the vessel was to load grain from a port nearby, hold washing operations were started immediately on departure. Wash water was also being pumped out during the passage.

The washing of 1 and 2 holds were completed at sea. As the vessel anchored off the load port, awaiting berth, the cleaning of 3 and 4 holds was in progress. The sweepings from 3 and 4 holds were stored in some drums and slings on deck for later disposal at sea, as the vessel was inside a special area. The drums and slings were open and there was also some cargo spillage on the deck.

The water police boarded the vessel at anchorage and alleged that the vessel was violating Marpol regulations by discharging cargo residues and wash water overboard. Upon berthing at the load port, further investigations and scrutiny of documents were carried out. Due to the entry in the garbage record book, the authorities at first concluded that sweepings from no. 1 and 2 holds amounted to 40 tonnes so logically, the sweepings from 3 and 4 holds should also have been about 40 tonnes – but there were only eight drums on deck with an estimated quantity of about three tonnes.

The authorities concluded that possibly a large quantity of cargo residues from nos. 3 and 4 holds had been illegally discharged overboard by ship's staff within special area or in the anchorage without proper documentation.

Through the P&I club lawyers, it was finally proved that the 40 tonnes landed at the previous discharge port from 1 and 2 holds was in fact 'damaged' cargo and it was a mistake to enter it in the garbage record book without giving the correct details. The vessel was let off with a mild penalty for the inadvertent flow overboard of some cargo on deck along with deck water. However, the wash water pumped overboard in the short sea passage within a special area was not construed as pollution by the authorities.

Lessons learned
Disposal of cargo residues at sea must be done in accordance with Marpol Annex V and must be documented in garbage record book.
Hold wash water (even if the cargo is non-pollutant under the International Maritime Dangerous Goods – IMDG – Code) should not be pumped overboard inside a special area unless the coastal authorities permit it.
At all times, any cargo residues temporarily stored on deck must be properly covered from rain or water.

Editor's note: Masters of dry cargo vessels must anticipate situations when hold cleaning / washing may have to be carried out within special areas or even within territorial waters / harbour limits. Owners, managers, charterers and the coastal states(s) must be informed well in advance and permission must be obtained from the appropriate authorities before commencing hold cleaning and discharge of cargo residues / wash water.