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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

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