CWA-09-2023-0049: CMA CGM APL Columbus, Marseille, France
Complaint, Consent Agreement and Final Order in the matter of CMA CGM S.A. APL Columbus. NPDES Tracking No. VPBD0278N. 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., APL Columbus, CWA-09-2023-0049
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 APL Columbus, a container ship registered in France and designated by International Maritime Organization number 9597525. The APL Columbus has been in operation since 2013, is 1,076 feet in length, 109,712 gross tons, and has a ballast water capacity of 37,454 cubic meters. The APL Columbus is a “point source” within the meaning of Section 502(14) of the CWA, 33 U.S.C. § 1362(14). The APL Columbus is subject to the requirements of Section 312(p) of the CWA, 33 U.S.C. §1322(p), and the VGP. On August 31, 2017, Respondent submitted a Notice of Intent to EPA to seek coverage under the VGP for the APL Columbus, which was assigned National Pollutant Discharge Elimination System permit tracking number VPBD0278N.
Summary of Alleged Violations: Respondent failed to record findings from annual inspections in the APL Columbus’s recordkeeping documentation or logbook in 2017, as required by Part 4.1.3 of the VGP. In the 2018 annual report, Respondent failed to report accurate and complete information regarding the annual inspection as required by Part 4.4.1.
Proposed Penalty: $16,293