CWA-09-2023-0048: CMA CGM T. Jefferson, Marseille, France
Complaint, Consent Agreement and Final Order in the matter of CMA CGM S.A. T. Jefferson. NPDES Tracking No. VPBD8401N. Class II
Administrative Penalty Proceeding under Section 309(g) of the Clean Water Act, 33 U.S.C. §1319(g), and 40 C.F.R. §§ 22.13(b) and 22.18.
In the Matter of CMA CGM S.A., CMA CGM T. Jefferson, CWA-09-2023-0048
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: CMA CGM S.A., 4 Quai d'Arenc, Marseille, France 13002.
Description of Business or Activity Conducted by the Respondent: The Respondent owns and operates the CMA CGM T. Jefferson, a container ship registered in Malta and designated by International Maritime Organization number 9780861. The CMA CGM T. Jefferson has been in operation since 2015, is 1,168 feet in length, 140,872 gross tons, and has a ballast water capacity of 32,952 cubic meters. The CMA CGM T. Jefferson is a “point source” within the meaning of Section 502(14) of the CWA, 33 U.S.C. § 1362(14). The CMA CGM T. Jefferson is subject to the requirements of Section 312(p) of the CWA, 33 U.S.C. §1322(p), and the VGP. On April 20, 2017, Respondent submitted a Notice of Intent to EPA to seek coverage under the VGP for the CMA CGM T. Jefferson, which was assigned National Pollutant Discharge Elimination System permit tracking number VPBD8401N.
Summary of Alleged Violations: Respondent reported an untreated ballast water discharge to navigable waters in the National Ballast Water Information Clearinghouse on February 22, 2018 at Los Angeles, California, a failure to meet the CMA CGM T. Jefferson’s compliance date as required by Part 2.2.3.5.2 of the VGP. In the first year that the ballast water treatment system (BWTS) was used, starting in March 2020, Respondent failed to conduct sampling for biological indicators as required by Part 2.2.3.5.1.1.4. In the 2020 annual report, Respondent failed to report BWTS functionality monitoring data as required by Part 2.2.3.5.1.1.6 and failed to report that the CMA CGM T. Jefferson discharged ballast water to navigable waters and information regarding the annual inspection as required by Part 4.4.1.
Proposed Penalty: $48,233