the toxic truth - Greenpeace

the toxic truth - Greenpeace the toxic truth - Greenpeace

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the toxic truth The COD data is not the only problem with the email sent to WAIBS. It makes no mention of the fact that the waste had been generated by a caustic washing process. Using data, the origin of which is unknown, Trafigura told Compagnie Tommy that most of the waste was MARPOL waste, and only around one third of it was to be considered chemical waste. Neither APS, nor the Dutch police, nor any other body had given Trafigura reason to believe that most of the waste was MARPOL. Amnesty International and Greenpeace have asked Trafigura to explain how it came to this conclusion. The company did not respond. Trafigura’s statements about the waste after the dumping After the dumping, Trafigura continued to give false or misleading information about the waste. In its verdict against the company in July 2010, the Dutch court stated: “ It was also Trafigura that had refrained from the very start to speak openly about the nature of the slops in the media and the manner in which the slops had originated. The press releases published by Trafigura in September 2006 bear witness to this. In its annual report for 2007, it had even confined itself to describing the slops as ‘comprising a mixture of gasoline, water and caustic soda’. In its contact with the press in 2006 and 2007, Trafigura adopted a defensive attitude when it came to the nature of the slops, even though it was possible to provide much more clarity regarding the precise composition of the materials and the potential consequences for man and the environment. For example, in a press release dated 6 September 2006, Trafigura stated the following: ‘Trafigura can confirm that the waste (slops) is a mixture of gasoline, water and caustic soda.’ Among other information, in a ‘press statement’ dated 24 September 2006, Trafigura reported the following: ‘It maintains that the composition of the “chemical slops”, gasoline, spent caustic and water is a normal by-product from the cleaning of gasoline blendstock cargo. The slops are entirely in line with industry practice and international 411 regulations. ” The court also noted that on 24 September 2006, in responding to a draft version of a Trafigura press release, a director of Trafigura, stated: “I would not mention the acid at all.” 412 93 Chapter 7

94 Amnesty internAtionAl And greenpeAce netherlAnds Chapter 7 trafigura Continues CaustiC washing – vest tank and the Case in norway Despite the catastrophic impact that the waste dumping had on Abidjan, Trafigura continued the caustic washing process of the Mexican coker naphtha. The operation was continued on board another ship, the Probo Emu, 413 on which three shipments of naphtha were reportedly washed. In addition, during 2006 Trafigura reached an agreement with a Norwegian company, Vest Tank, to undertake caustic washing on further shipments of the coker naphtha onshore at a Vest Tank facility. 414 Six shipments of coker naphtha were transferrred from the US to Norway between 5 November 2006 and 22 April 2007. 415 To deal with the waste that resulted from caustic washing, Vest Tank neutralized the caustic concentrate and sulphur left in the tanks by adding hydrochloric acid. 416 On 24 May 2007 one of the tanks exploded, and the contents of another tank leaked and caught fire. 417 The explosion led to emissions of chemicals such as hydrocarbons, sulphur dioxide and sulphides in the form of substantial smoke from the fire. 418 It affected Gulen and Masfjorden counties; approximately 200 people were reported to have become ill as a result of exposure to the fumes. 419 The reported health effects included nausea, stomach pains and headaches, pulmonary problems and eye irritation. 420 In the aftermath of the explosion, the caustic washing of coker naphtha was exposed. This was not a process for which Vest Tank was licensed, and the Norwegian authorities began a criminal investigation into the incident. 421 In the course of the investigation it came to light that, as well as delivering coker naptha to Vest Tank, Trafigura had also delivered waste that was created by caustic washing of coker naptha on board of the Probo Emu while the ship was at sea. Three individuals associated with Vest Tank were found guilty of breaching a number of laws, including the Penal Code, the Environment Act, the Working Environment Act and the Fire and Explosion Act. The former chief executive officer (CEO) and the owner and chair of Vest Tank were sentenced to 18 months imprisonment. A consultant was sentenced to a conditional 45 days imprisonment. The prosecutor and the three convicted individuals appealed against the verdict. On 31 May 2011, the Gulating Appeal Court upheld the verdict and sentence against the CEO, 422 but aquitted the consultant. The third defendant was sick during the hearing in the Appeal Court, and the case is pending. The prosecutor has appealed in both cases to the Supreme Court. The CEO has since been sentenced to and is serving a term of imprisonment. A criminal case was also brought against Trafigura for its involvement in the Vest Tank scandal. However, this was dismissed on the basis that Trafigura could only be prosecuted if hazardous waste had been exported to or imported from another state to Norway. The delivery of waste created on board a ship on the high seas was viewed as not being export or import under the terms of Norwegian law. 423 Norway’s then Minister of Environment, Erik Solheim, described the situation as “unacceptable” stating that “we’ve fully demonstrated a big hole in our legal system when someone commits crime in the high seas and we cannot punish them in Norway. This is a totally unacceptable situation…”. 424 Trafigura, therefore, avoided prosecution in Norway for delivery of the waste. The prevalling reading of the Basel Convention has not allowed for a ship to be considered as an “area under the national jurisdiction of a State.” This may indeed be a loophole in the Convention, as wastes can be generated on board ships and indeed ships are under flag state jurisdiction. However, it is not clear if all of the waste that was brought to Norway was generated on the high seas. During investigations into the illegal export of waste from the Netherlands it emerged that some of the waste that ended up in Abidjan was created in the territorial waters of Malta, Spain and the UK (Gibraltar). 425 Amnesty International and Greenpeace have questioned whether this was also true for the waste brought to Norway, and have asked the Norwegian authorities to comment on whether this possibility was investigated. In addition, the Norwegian authorities do not appear to have considered whether the coker naphtha was a hazardous waste in and of itself. As described in Chapter 6, the coker naphtha was generated as a by-product of an industrial process in Mexico, transported by truck to the US, sold to Trafigura, and subsequently transferred from the US to Norway. Greenpeace, Amnesty International and the Basel Action Network believe that a review of the available evidence shows that the coker naphtha should be considered as hazardous waste under international definitions found in the Basel Convention to which Norway is a state party. Norway is the third country where Trafigura is known to have delivered the hazardous waste created by caustic washing of coker naphtha (the others are the Netherlands and Côte d’Ivoire). However, only in the Netherlands was Trafigura prosecuted for this. The company was found guilty of delivering goods which they knew presented a hazard to health, and concealing the hazardous nature of the goods, contrary to section 174 of the Dutch Penal Code. The events in Norway – and the inability of the Norwegian authorities to bring a prosecution against Trafigura – raise a number of serious questions about the capacity, ability and willingness of states to effectively prevent and deter transnational corporate crimes. These issues are dealt with in more detail in the final section of this report. Explosion at the Vest Tank facility in Norway, following caustic washing of coker naphtha delivered by Trafigura, 24 May 2007. © Glenn roGerS

<strong>the</strong> <strong>toxic</strong> <strong>truth</strong><br />

The COD data is not <strong>the</strong> only problem with <strong>the</strong><br />

email sent to WAIBS. It makes no mention of<br />

<strong>the</strong> fact that <strong>the</strong> waste had been generated by<br />

a caustic washing process.<br />

Using data, <strong>the</strong> origin of which is unknown,<br />

Trafigura told Compagnie Tommy that most<br />

of <strong>the</strong> waste was MARPOL waste, and only<br />

around one third of it was to be considered<br />

chemical waste. Nei<strong>the</strong>r APS, nor <strong>the</strong> Dutch<br />

police, nor any o<strong>the</strong>r body had given Trafigura<br />

reason to believe that most of <strong>the</strong> waste<br />

was MARPOL. Amnesty International and<br />

<strong>Greenpeace</strong> have asked Trafigura to explain<br />

how it came to this conclusion. The company<br />

did not respond.<br />

Trafigura’s statements about<br />

<strong>the</strong> waste after <strong>the</strong> dumping<br />

After <strong>the</strong> dumping, Trafigura continued to give<br />

false or misleading information about <strong>the</strong><br />

waste. In its verdict against <strong>the</strong> company in<br />

July 2010, <strong>the</strong> Dutch court stated:<br />

“ It was also Trafigura that had refrained<br />

from <strong>the</strong> very start to speak openly about <strong>the</strong><br />

nature of <strong>the</strong> slops in <strong>the</strong> media and <strong>the</strong> manner<br />

in which <strong>the</strong> slops had originated. The press<br />

releases published by Trafigura in September<br />

2006 bear witness to this. In its annual<br />

report for 2007, it had even confined itself to<br />

describing <strong>the</strong> slops as ‘comprising a mixture of<br />

gasoline, water and caustic soda’. In its contact<br />

with <strong>the</strong> press in 2006 and 2007, Trafigura<br />

adopted a defensive attitude when it came<br />

to <strong>the</strong> nature of <strong>the</strong> slops, even though it was<br />

possible to provide much more clarity regarding<br />

<strong>the</strong> precise composition of <strong>the</strong> materials and<br />

<strong>the</strong> potential consequences for man and <strong>the</strong><br />

environment. For example, in a press release<br />

dated 6 September 2006, Trafigura stated<br />

<strong>the</strong> following: ‘Trafigura can confirm that <strong>the</strong><br />

waste (slops) is a mixture of gasoline, water<br />

and caustic soda.’ Among o<strong>the</strong>r information, in<br />

a ‘press statement’ dated 24 September 2006,<br />

Trafigura reported <strong>the</strong> following: ‘It maintains<br />

that <strong>the</strong> composition of <strong>the</strong> “chemical slops”,<br />

gasoline, spent caustic and water is a normal<br />

by-product from <strong>the</strong> cleaning of gasoline<br />

blendstock cargo. The slops are entirely in<br />

line with industry practice and international<br />

411<br />

regulations. ”<br />

The court also noted that on 24 September<br />

2006, in responding to a draft version of a<br />

Trafigura press release, a director of Trafigura,<br />

stated: “I would not mention <strong>the</strong> acid at all.” 412<br />

93<br />

Chapter 7

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