Whistle-Blowers Help U.S. Fight Ocean Dumping

Excerpt from an article in The New York Times
Monday, February 13, 2012

Whistle-Blowers Help U.S. Fight Ocean Dumping 

By THEO EMERY

BALTIMORE — Nothing seemed amiss aboard the Maltese cargo ship Aquarosa when Chief Warrant Officer William D. Dodson and his Coast Guard inspection team climbed the gangway. It was a crisp Sunday morning, the day after the new vessel had berthed to load scrap metal in its first visit to the United States.

That sense of normalcy evaporated after the chief engineer led the way below for tests of the rudder and fire pump. There, a crew member named Salvador Lopez nervously tugged a note from his pocket and thrust it toward Mr. Dodson. He had something to share, the note read. A secret.

Mr. Lopez’s secret was that the ship had been illegally dumping oily water and sludge overboard, and he had proof: hundreds of photographs stored on his phone. Partly because of Mr. Lopez’s evidence, two companies that owned and operated the ship pleaded guilty last month to obstruction of justice and other charges and agreed to pay $1.2 million each in penalties and fines.

And for his sleuthing, Mr. Lopez stands to collect as much as $925,000.

Seafaring whistle-blowers, frequently seeking a financial bounty, have become one of prosecutors’ most potent weapons against maritime polluters, providing the backbone for a growing number of cases the federal government has pursued in Baltimore and other port cities across the country.

EPA Reaches Settlement with Companies to Pay Cleanup Costs

News Release from EPA Region 3:

EPA reaches settlement with companies to pay cleanup costs for Occidental Chemical Corp. Superfund site

       PHILADELPHIA (January 25, 2012) -- The U.S. Environmental Protection Agency today announced that current and former owners and operators of the Occidental Chemical Corporation Superfund Site in Lower Pottsgrove Township, Montgomery County, Pa. have agreed to pay $2.1 million in past cleanup costs for the site.

In a consent decree filed in federal court by the Justice Department on behalf of EPA, the companies also assumed responsibility for all future cleanup costs at the site. The companies included Occidental Chemical Corporation (OxyChem), Bridgestone Americas Tire Operations and Glenn Springs Holdings, Inc.

Under the “Superfund” law, the landowners, waste generators and waste transporters that are responsible for the contamination of a Superfund site must either clean up the site, or reimburse the government or other parties for cleanup activities.

OxyChem currently owns the site where it manufactured polyvinyl chloride (PVC) plastic resins from 1980 to 2005. OxyChem purchased the site from Firestone Tire & Rubber Company(now known as Bridgestone Americas Tire operations), which manufactured tires and PVC there from approximately 1945 to 1980. Settling defendant Glenn Springs Holdings, Inc., a corporate affiliate of OxyChem, is the current operator of the site.   Glenn Springs assumed management of the site in 2005 after OxyChem closed its PVC-manufacturing facility.

From 1942 to 1985, operators used the site for disposal of industrial wastes including cutting oils, metal filings, tires, and PVC sludge resins. In 1989, EPA placed the site on its Superfund list of the nation’s most contaminated sites to address unsafe levels of trichloroethylene (“TCE”), vinyl chloride, and other hazardous substances in the soil and groundwater. OxyChem, under EPA oversight, performed remedial action at the site and completed construction in 2008.

            Additional information on the site is available at: http://www.epa.gov/reg3hwmd/super/sites/PAD980229298/index.htm .