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New Law In California, USA, Affecting Shipowners’ Liability For Oil Pollution
Members are advised that amendments to the so-called Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 in the State of California on criminal fines for oil spill violations in state waters entered into force on 1 January 2021. BIMCO takes the opportunity to remind members about the importance of strict compliance with this and other environmental laws.
The new California law, which entered into force on 1 January 2021, doubles the existing minimum and maximum fines for certain oil spill violations related, among other things, to persons who knowingly engage in or cause the discharge or spill of oil into waters or knowingly fail to begin clean-up etc. of spilled oil. For certain violations the new law also authorises the court, at its discretion, to impose a fine of up to USD 1,000 per gallon spilled in excess of 1,000 gallons of oil – a fine which is not statutorily capped.
Resolution MEPC.315(74): Amendments to MARPOL Annex II
A new term ‘persistent floater’ has been added to the definitions under cargo residues and tank washings. Also, the discharge requirements for cargo residues and tank washings containing persistent floating products with a high viscosity and/or a high melting point that can solidify under certain conditions have been strengthened in some sea areas. Vessels must pre-wash and discharge residue generated during prewash to a shore reception facility at the discharge port. The relevant sea areas are North West European Waters, Baltic Sea, Western European Waters and Norwegian Sea. Owners and managers will need to revise their Procedures and Arrangements manual to incorporate the changes.