CWA-09-2023-0050: CMA CGM Fidelio, Marseille, France
In the Matter of CMA CGM S.A., CMA CGM Fidelio CWA-09-2023-0050
Complaint, Consent Agreement and Final Order in the matter of CMA CGM S.A. Fidelio. NPDES Tracking No. VPBD8154N. 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.
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 Fidelio, a container ship registered in France and designated by International Maritime Organization number 9299642. The CMA CGM Fidelio has been in operation since 2006, is 1,145 feet in length, 107,898 gross tons, and has a ballast water capacity of 24,987 cubic meters. The CMA CGM Fidelio is a “point source” within the meaning of Section 502(14) of the Act, 33 U.S.C. § 1362(14). The CMA CGM Fidelio is subject to the requirements of Section 312(p) of the CWA, 33 U.S.C. §1322(p), and the VGP. On April 18, 2017, Respondent submitted a Notice of Intent to EPA to seek coverage under the VGP for the CMA CGM Fidelio, which was assigned National Pollutant Discharge Elimination System permit tracking number VPBD8154N.
Summary of Alleged Violations: Respondent reported ballast water discharges to navigable waters in the National Ballast Water Information Clearinghouse but failed to report those discharges in its annual report for the year 2018 as required by Part 4.4.1 of the VGP. In 2019, Respondent failed to conduct the annual calibration of the ballast water treatment system’s sensors and equipment as required by Part 2.2.3.5.1.1.3. In the 2019 annual report, Respondent failed to report ballast water treatment system (BWTS) functionality monitoring data and testing results for biological indicators as required by Part 2.2.3.5.1.1.6. In the second year the BWTS was used starting in March 2020, Respondent failed to conduct sampling for biological indicators as required by Part 2.2.5.1.1.4. In the 2020 annual report, Respondent failed to report accurate and complete information regarding the annual inspection as required by Part 4.4.1.
Proposed Penalty: $52,197