Oil and Water - A Fine Mess

It's a moral and legal dilemma for everyone on the water these days. You're at the gas dock or at your slip and in the course of filling up the fuel tank, a splash or even a cup of fuel spills into the water. What do you do?

Under federal law, you are required to report a fuel or oil spill, no matter how small, if it is enough to cause a sheen upon the surface of the water. It doesn't matter that your boat is not the Exxon Valdez, which actually led to the Oil Pollution Act of 1990 (OPA '90). Enforcement of federal law, as currently written, requires all spills to be reported, even if that means a fine, as a BoatUS member found out the hard way.

Last July while refueling his 40-foot Hunter at a Maryland marina, the member, who asked that his name not be used, took precautions by placing a spill prevention device over the fuel vent to capture any overflow.

Diesel fuel spilled though the vent anyway and, according to the owner, about two to three ounces fouled the water around the dock. The dockmaster advised him to report the spill to the National Response Center's toll-free number. After cleaning up the spill using absorbent towels, he made the call.

A U.S. Coast Guard petty officer took down all the relevant information and said the boater was free to go, they'd be in touch. Over an hour later, the petty officer arrived at the fuel dock, noted a sheen on the water and filled out a report. The boat owner was shocked to later receive a ticket with a $50 fine in the mail from the Coast Guard and a scary-sounding "Notice of Federal Interest" in his spill.

"The issue is not the fine. I can afford the $50," he said. "It's the legal paperwork attached to the fine that says they can hold you liable for damages.

The boater sent the Coast Guard a check for $50 "under protest" and asked for an appeal. Since paying the fine would close the case and preclude an appeal under current procedures, the boater asked that the Coast Guard return his check and that his case be appealed to a hearing officer. The case was reviewed again and in December the boater received a letter saying the violation was upheld and the fine was raised to $200. The member is considering whether to appeal that decision. Coast Guard officials contacted by BoatUS said they could not comment on a case that was still open.

Since thousands of boat owners throughout the U.S. face the similar likelihood of enforcement for small spills, BoatUS checked on the Coast Guard's current policies and what the law requires.

Any spill that causes a sheen is required to be reported to the National Response Center (800-424-8802) immediately. While there is the chance of receiving a ticket and a fine (the minimum is $50), it is the law and ignoring it could bring worse consequences.

Once a spill is reported, there are three enforcement avenues open to the Coast Guard: issue a warning, issue a ticket, or issue a civil penalty. The Hunter owner cited above could easily have been given a warning but, for reasons unknown, was not. Based on his complaints of heavy-handed treatment, the district office that issued the fine has ordered a staff review of civil penalty and warning guidelines for such cases.

In the past, the Coast Guard had no choice but to issue a fine for all oil spills, but the law was amended several years ago to streamline what was a cumbersome process. Since 1997, Coast Guard districts have had the option of issuing a warning instead of a fine if the spill is less than 20 gallons and from a non-commercial source. But a warning is still a violation and the incident is recorded and kept on record. If another spill occurs within a year, the fines double as a "second offense."

The ticketing program was begun in the mid-1990s and about 90% of all recreational boat spills are handled as tickets. Tickets may be used for spills less than 100 gallons where the spill was unintentional, noncommercial and caused no significant damage. The ticket fines begin at $50 and go up to $500. Tickets are given in the most cut and dry cases where there is no doubt about the facts of the spill. Why some incidents result in a ticket instead of a warning is unclear.

If a spill is not handled as a warning or a ticket, next comes civil penalties. These are generally used for more serious offenses and fines go up to $25,000. Obviously those who spill fuel or oil deliberately, do not report it but are reported by someone else, or take no remedial measures to clean it up are likely to face the more stringent fines. The law also allows the violator to be held liable for the cost of cleanup and any environmental damage that occurs as a result of the spill.

"All spills are handled on a case-by-case basis and there are overall policies in place but there is also some discretion," said LCDR Gordon Lobel, in charge of civil penalties at the Coast Guard's Office of Investigations and Analysis. "We can't sit here in Washington, D.C. and come up with a specific criteria that's going to fit every case."

In 1998 there were 8,063 reported spills of 1,000 gallons or less, Lobel said, and 2,000 of those were from an unknown source. There were 2,445 tickets issued in 1998 for these smaller spills. For the same year, spills over 1,000 gallons to 10,000 gallons totaled 86; over 12,000 gallons, there were 12.

"The largest number of spills are the small spills," he said. "We do have to investigate when they're reported. Someone might say it's a teaspoon when it's really gallons."

As marinas also seek to protect themselves from liability, if you don't self-report a spill at a marina, they may. One boat owner who did not take care of a fuel tank leak and was spewing fuel out with his bilge water was turned in by passing boaters who saw a long oil slick coming from his boat. The fine was $500.

After reporting, boaters should take immediate action to prevent or clean up the spill and can call the BoatUS 24-Hour Emergency Dispatch at 800-937-1937. Many of the TowBoatUS towers are certified as oil spill responders.

Not paying a ticket automatically bucks the case up to a civil penalties case and perhaps a further review of the circumstances. Like the case cited above, it can bring an unintended outcome such as a higher fine.

"The goal is compliance, not to see how many tickets or penalties we can rack up," Lobel said. "The best thing a boater can do is be forthright and cooperative and the Coast Guard will take that into account to see that the appropriate action is taken. If they still don't like it they can always appeal it."

Boaters should also be aware that the responding officer is not the one who decides the outcome of the case. A petty officer will only conduct an investigation, inspect the spill site and write a report. The case is reviewed and action determined by staff at group headquarters under the captain of the port. If the boater disagrees with the fine, as in the Hunter case, the captain of the port turns it over to a hearing officer and the case is then out of his or her hands.

Whether it's the best use of limited Coast Guard resources to send officers out to inspect two-ounce spills is a policy question that may best be directed to Congress, which wrote the law to protect U.S. shorelines from devastating spills and million-dollar cleanups such as the Exxon Valdez. Because most of the Coast Guard's compliance efforts have been aimed at large commercial marine facilities and ships, very little public education or outreach efforts have been aimed at recreational boaters.

Boaters who have had experiences with oil spill enforcement or believe the current policies should be reviewed should write to Rep. Wayne Gilchrest, Chair, Coast Guard Subcommittee, U.S. House of Representatives, Washington, DC 20515; and please send a copy to BoatUS Government Affairs.

By Elaine Dickinson

©Copyright BoatUS Magazine, March 2000

Ways to Prevent Fuel & Oil Spills

Fuel System Leaks cause more spillage into the water than refueling, according to a study by BoatUS Marine Insurance. Inspecting your boat's fuel system is critical, for safety as well as the environment. Corroding fuel tanks are a major source of leaks and visually inspecting them is recommended; if the tank in inaccessible, use the old-fashioned nose method.

After tanks, fuel lines are the most likely culprit. Check hoses and fittings for deterioration or leaks, using a dry cloth. Fuel filters can leak if the gasket has deteriorated or was installed wrong; also check the bowl for leaks and look for corrosion in the drain plug. Fuel pump also are a source of leaks, and the filter bowl should be cleaned periodically as well as the filter screen. Check its gasket as well which absorbs fuel and causes it to swell and lose its seat.

Fuel fills can cause a spill if the hose slips off the fuel fill and gasoline is pumped into the bilge; connecting nipples can break under the deck where they're not seen or if clamps become loose. Gasoline in the bilge is extremely dangerous as starting the engine can cause an explosion or fire.

Prevention Devices: Any number of good products are available to prevent or clean up spilled oil or fuel. Visit the Online Store for available products.

Absorbent cloths should be kept on board and bilge pillows are good down below. They absorb only gas and oil as they float in the bilge water.

A "smart" bilge pump is also available that only discharges water. The Davis "No Spill" attaches to the vent to prevent overflows when refueling.

©Copyright BoatUS Magazine