CWA-09-2023-0051: CMA CGM A. Lincoln, Marseille, France
Complaint, Consent Agreement and Final Order in the matter of CMA CGM S.A. A. Lincoln. NPDES Tracking No. VPBD7861N. 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 A. Lincoln, CWA-09-2023-0051
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 A. Lincoln, a container ship registered in Malta and designated by International Maritime Organization number 9780859. The CMA CGM A. Lincoln has been in operation since 2015, is 1,201 feet in length, 140,210 gross tons, and has a ballast water capacity of 32,952 cubic meters. The CMA CGM A. Lincoln is a “point source” within the meaning of Section 502(14) of the CWA, 33 U.S.C. § 1362(14). The CMA CGM A. Lincoln is subject to the requirements of Section 312(p) of the CWA, 33 U.S.C. §1322(p), and the VGP. On April 3, 2017, Respondent submitted a Notice of Intent to EPA to seek coverage under the VGP for the CMA CGM A. Lincoln, which was assigned National Pollutant Discharge Elimination System permit tracking number VPBD7861N.
Summary of Alleged Violations: Respondent failed to record findings from annual inspections in the CMA CGM A. Lincoln’s recordkeeping documentation or logbook in 2018, 2019, and 2020, as required by Part 4.1.3 of the VGP. Respondent reported an untreated ballast water discharge to navigable waters in the 2021 annual report which occurred on February 17, 2021 at Norfolk, Virginia, a failure to meet the CMA CGM A. Lincoln’s compliance date as required by Part 2.2.3.5.2.
Proposed Penalty: $48,277