the toxic truth - Greenpeace
the toxic truth - Greenpeace
the toxic truth - Greenpeace
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<strong>the</strong> <strong>toxic</strong> <strong>truth</strong><br />
Was sediment dumped?<br />
Sediment waste residues appeared to have<br />
been generated not only in <strong>the</strong> slop tanks<br />
but also in <strong>the</strong> cargo tanks during <strong>the</strong> caustic<br />
washings. This waste layer was not sampled<br />
in Amsterdam in July 2006 14 and was possibly<br />
partly dumped in Abidjan (though evidence<br />
for this is limited). The remaining sediment<br />
became <strong>the</strong> subject of a dispute between <strong>the</strong><br />
owner (Prime Marine Management) and <strong>the</strong><br />
charterer (Trafigura) of <strong>the</strong> ship in September<br />
2006 in Estonia. The dispute appeared to<br />
be related to <strong>the</strong> cost of proper cleaning of<br />
<strong>the</strong> tanks without damaging <strong>the</strong>m. 15 That<br />
<strong>the</strong>se sediments were indeed produced is<br />
in line with what can be expected from <strong>the</strong><br />
chemistry of <strong>the</strong> process, which must have<br />
produced a considerable volume of sediment<br />
(and <strong>the</strong> Norwegian Gexcon report shows that<br />
“precipitated waste” was produced by similar<br />
processes at Vest Tank). 16<br />
The victims represented by Leigh, Day &<br />
Co in <strong>the</strong> UK class action believe that <strong>the</strong><br />
waste generated sediments and that <strong>the</strong>se<br />
sediments were also dumped in Abidjan, in<br />
addition to <strong>the</strong> aqueous and organic phase, a<br />
waste that <strong>the</strong>y refer to as ‘sediments’. Based<br />
on <strong>the</strong> limited information <strong>Greenpeace</strong> and<br />
Amnesty have available, we understand that<br />
<strong>the</strong> victims in <strong>the</strong> group litigation estimated<br />
that, in total, <strong>the</strong> waste dumped in Abidjan<br />
consisted of 253m 3 aqueous phase, 174m 3<br />
organic phase and 100m 3 sediments. 17<br />
According to <strong>the</strong>se estimates, <strong>the</strong> sediments<br />
would <strong>the</strong>n be expected to comprise <strong>the</strong><br />
following amounts:<br />
total sour sulphur 45 tonnes<br />
sodium merCaptides 43 tonnes ± 2 tonnes<br />
sodium bisulphide 2 tonnes ± 2 tonnes<br />
sodium Carbonates Small quantity not quantified<br />
Trafigura disputed <strong>the</strong> presence of <strong>the</strong><br />
sediments, arguing that NFI did not report<br />
finding any mercaptide sediment. 18<br />
“ The major difference between <strong>the</strong> rival cases<br />
being <strong>the</strong> claimants’ allegation that <strong>the</strong> slops<br />
contained a fur<strong>the</strong>r 45 tonnes of sulphur, <strong>the</strong>reby<br />
maximizing <strong>the</strong> quantity of materials in <strong>the</strong> slop<br />
19<br />
which could potentially cause injury. ”<br />
Summarizing, this means that <strong>the</strong>re are at<br />
least two <strong>the</strong>ories about how much waste<br />
from <strong>the</strong> different layers were dumped:<br />
Aqueous phase/<br />
spent caustic<br />
Oily phase/organic<br />
phase/hydrocarbon<br />
phase<br />
trafigura uK Claimants<br />
344 253<br />
183 174<br />
Sediments 0 100<br />
ToTAL 527 cbm 527 cbm<br />
Because <strong>the</strong> class action case was settled, we<br />
do not have information on <strong>the</strong> arguments of<br />
<strong>the</strong> claimants for <strong>the</strong> dumping of sediments.<br />
However, testimony from one of <strong>the</strong> truck<br />
drivers does suggest that sediment from <strong>the</strong><br />
waste may have been dumped in Abidjan 20 :<br />
“ I managed to fill up <strong>the</strong> tank only half way,<br />
in o<strong>the</strong>r words between 10,000 and 15,000<br />
litres. At that point, <strong>the</strong> liquid was very heavy –<br />
almost like liquid mud. It was a sort of thick and<br />
reddish mud. ”<br />
An expert working in <strong>the</strong> oil industry consulted<br />
by <strong>Greenpeace</strong> believes it is very likely<br />
that during <strong>the</strong> voyage to Africa part of <strong>the</strong><br />
sediment was dissolved due to <strong>the</strong> movement<br />
of <strong>the</strong> ships. It is also believed possible<br />
that part of <strong>the</strong> sediment not dissolved was<br />
dumped in Abidjan, provided a “stripping<br />
pump system” was on board <strong>the</strong> vessel that<br />
would have been able to remove (part of) <strong>the</strong><br />
bottom layer. 21 Evidence is, unfortunately,<br />
insufficient to evaluate this possibility.<br />
209<br />
ANNEX I