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the toxic truth - Greenpeace

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72 Amnesty internAtionAl And greenpeAce ne<strong>the</strong>rlAnds<br />

Chapter 6<br />

The composition of <strong>the</strong><br />

waste: what is not known<br />

A contaminated sediment layer<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. Being heavier, <strong>the</strong> sediment would<br />

probably have sunk to <strong>the</strong> bottom of <strong>the</strong><br />

ship while it was docked at Amsterdam, and<br />

<strong>the</strong> method used to sample <strong>the</strong> waste – a<br />

jar lowered to <strong>the</strong> bottom of <strong>the</strong> slop tanks<br />

– would not necessarily have detected any<br />

sludgy sediments. 306<br />

Evidence of <strong>the</strong> existence of an unsampled<br />

sediment layer comes from several sources.<br />

Firstly, a dispute arose in September 2006<br />

between <strong>the</strong> owner of <strong>the</strong> Probo Koala, Prime<br />

Marine Management, and Trafigura, who<br />

chartered <strong>the</strong> ship. The dispute appeared<br />

to be related to <strong>the</strong> costs of proper cleaning<br />

of solid residue left in <strong>the</strong> tanks following<br />

<strong>the</strong> dumping in Abidjan. 307 Secondly, an<br />

investigation in Norway following an explosition<br />

at Vest Tank (see Chapter 7), where <strong>the</strong> same<br />

process of caustic washing was undertaken<br />

by Trafigura, 308 shows that 50m 3 of sediment<br />

were produced in that case. It is <strong>the</strong>refore<br />

reasonable to consider that such sediment<br />

was produced on board <strong>the</strong> Probo Koala.<br />

Finally, one of <strong>the</strong> truck drivers from Abidjan,<br />

who claims to have taken <strong>the</strong> last offload from<br />

<strong>the</strong> Probo Koala, has stated:<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 />

309<br />

reddish mud. ”<br />

If part of a sediment layer of waste was<br />

dumped in Abidjan, it is possible that <strong>the</strong> risk<br />

to human health would be greater than if no<br />

such waste layer were present.<br />

More information on <strong>the</strong> composition of <strong>the</strong><br />

waste is included in Annex I.<br />

The information that is publicly available<br />

about <strong>the</strong> waste clearly demonstrates that<br />

it was hazardous. However, by far <strong>the</strong> most<br />

in-depth knowledge of <strong>the</strong> waste is held by<br />

Trafigura, and <strong>the</strong> company has made public<br />

statements about <strong>the</strong> waste and its potential<br />

to affect health, based on data and testing<br />

and modelling it claims to have carried out in<br />

relation to <strong>the</strong> waste. To date, Trafigura has<br />

been unwilling to disclose this information.<br />

Given <strong>the</strong> scale of <strong>the</strong> disaster at Abidjan, and<br />

<strong>the</strong> ongoing concerns amongst <strong>the</strong> affected<br />

individuals – concerns shared by medical<br />

professionals – <strong>the</strong> fullest possible disclosure<br />

of information on <strong>the</strong> nature of <strong>the</strong> waste, and<br />

<strong>the</strong> potential health impacts is essential. This<br />

would allow independent experts to scrutinize<br />

<strong>the</strong> data and to provide reassurance – or<br />

appropriate treatment – for affected individuals.<br />

Was <strong>the</strong> coker naphtha<br />

already a Basel waste?<br />

Under <strong>the</strong> Basel Convention, “wastes” are<br />

defined as “substances or objects which are<br />

disposed of or are intended to be disposed<br />

of or are required to be disposed of by <strong>the</strong><br />

provisions of national law.” 310 “Disposal” is<br />

defined as meaning any operation specified<br />

in Annex IV of <strong>the</strong> Basel Convention; 311 Annex<br />

IV includes operations for both final disposal<br />

(under Annex IV A) and recycling (under Annex<br />

IV B). The title of Annex IV B reads as follows:<br />

“operations, which may lead to resource<br />

recovery, recycling reclamation, direct reuse<br />

or alternative uses”. Most industrial<br />

or manufacturing production processes<br />

involve <strong>the</strong> production of wastes which are<br />

sometimes referred to as by-products. These<br />

wastes or by-products must be properly<br />

disposed of or fur<strong>the</strong>r processed in order to<br />

turn <strong>the</strong>m into products or commodities.

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