the toxic truth - Greenpeace
the toxic truth - Greenpeace
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.