Public Notice: Mediterranean Shipping Company S.r.l., Sorrento, Italy; Proposed Settlement of Clean Water Act Class II Administrative Penalty
EPA is providing notice of a proposed administrative penalty settlement with Mediterranean Shipping Company S.r.l. (Respondent) for violations of the Clean Water Act (CWA) with its container ship MSC Aurora. EPA alleges the Respondent violated Sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342 seventeen (17) times by failing to comply with a condition or limitation in the Vessel General Permit (VGP).
In accordance with Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), and the Consolidated Rules of Practice at 40 C.F.R. Part 22, EPA and Respondent have entered into a Consent Agreement and Proposed Final Order (Proposed Consent Agreement) to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. Under the Proposed Consent Agreement, Respondent will pay the United States a civil penalty of $66,474 to resolve this matter.
In the Matter of Mediterranean Shipping Company S.r.l.
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: Mediterranean Shipping Company S.r.l., Via Francesco Ciampa 29, 80063 Piano di Sorrento, Italy.
Description of Business or Activity Conducted by the Respondent: The Respondent technically manages and holds the Document of Compliance for the MSC Aurora (Vessel), a container ship registered in Panama and designated by International Maritime Organization (IMO) number 9484481. The Vessel has been in operation since March 7, 2012. The Vessel is 365 meters in length, 143,521 gross tons, and has a ballast water capacity of 44,766 cubic meters. The Vessel is a “point source” within the meaning of Section 502(14) of the Act, 33 U.S.C. § 1362(14). The Vessel is also greater than 79 feet in length and subject to the requirements of Section 312(p) of the CWA, 33 U.S.C. §1322(p), and the VGP. On February 4, 2014, Respondent submitted a Notice of Intent (NOI) to EPA to seek coverage under the VGP for the MSC Aurora, which was assigned National Pollutant Discharge Elimination System (NPDES) permit tracking number VPAB9457O.
Summary of Alleged Violations: Respondent violated Part 4.4.1 of the VGP by not completing and submitting four (4) annual reports for the years 2016-2019 to EPA’s electronic NOI database by February 28 of the applicable year. Respondent violated Parts 4.1.1. and 184.108.40.206 of the VGP by failing to perform and document the required routine visual inspections during thirteen (13) voyages in waters subject to the VGP during the period of November 29, 2016 through July 3, 2021. In May 2020, Respondent took corrective action by submitting the missing annual reports for the MSC Aurora to the eNOI database.
Proposed Penalty: $66,474
Applicant or Respondent: Mediterranean Shipping Company S.r.l., Via Francesco Ciampa 29, 80063 Piano di Sorrento, Italy.
Applicants or RespondentsMediterranean Shipping Company S.r.l.