A magic pipe is a surreptitious change to a ship's oily water separator (OWS), or other waste-handing equipment, which allows waste liquids to be discharged in contravention of maritime pollution regulations. Such equipment alterations may allow hundreds of thousands of gallons of contaminated water to be discharged untreated, causing extensive pollution of marine waters.[2]
Manipulation techniques
[edit]The pipe may be improvised, aboard ship, from available hoses and pumps, to discharge untreated waste water directly into the sea. As ships are required to keep records of waste and its treatment, magic pipe cases often involve falsification of these records.[3][4] The pipe is ironically called "magic" because it bypasses the ship's oily water separator and goes directly overboard. Hence, it can make untreated bilge water "magically disappear".[5] Often the pipe can be easily disconnected and stored away into a different location aboard the ship so state and regulatory officers can not detect its usage. The use of magic pipes continues to this day, as well as efforts to improve bilge water treatment to make the use of magic pipes unnecessary.[5]
Legal ramifications
[edit]In the United States, magic pipe cases often attract large fines for shipping lines, and prison sentences for crew.[2] Cases are often brought to light by whistle blowers,[6] including a 2016 case involving Princess Cruises, which resulted in a record US$40 million fine.[1] In April 2021 a ship engineer on the Zao Galaxy, an oil tanker, was convicted of intentionally dumping oily bilge water in February 2019 and submitting false paperwork in an attempt to conceal the crime. The engineer may receive a substantial prison sentence and fine. The ship operator was fined US$1.65 million and ordered to "implement a comprehensive Environmental Compliance Plan."[7]
On older OWS systems bypass pipes were fitted with regulatory approval. These approved pipes are no longer fitted on newer vessels.[8]
In some serious emergencies ship's crews are allowed to discharge untreated bilge water overboard, but they need to declare these emergencies in the ship's records and oil record book. Unregistered discharges violate the MARPOL 73/78 international pollution control treaty.[9][10]
Motivation and responsibility
[edit]The problem is worsened by a lack of facilities in developing countries; some port reception facilities do not allow for oily water to be discharged easily and cost effectively.[11] Crew members, engineers, and ship owners can receive huge fines and even imprisonment if they continue to use a magic pipe to pollute the environment.[5][12]
Conclusively, some engineers use the magic pipe manipulation technique because of:
- Lack of training
- Lack of shore side assistance with regard to bilge water treatment
- Simple disregard of the ocean environment.[5]
Proper process
[edit]The oily bilge waste comes from a ship's engines and fuel systems. The waste is required to be offloaded when a ship is in port and either burned in an incinerator or taken to a waste management facility. In rare occasions, bilge water can be discharged into the ocean but only after almost all oil is separated out.[1]
See also
[edit]- International Maritime Organization – Regulatory agency
- Marpol Annex I – Detailed implementation of Marpol 73/78
- Oil–water separator (general)
- Oil content meter
- Oil discharge monitoring equipment
References
[edit]- ^ a b c "The $40m 'magic pipe': Princess Cruises given record fine for dumping oil at sea". The Guardian. 2 December 2016.
- ^ a b Case, III, Clifford P. (January–February 2007). "Beware of the 'Magic Pipe'" (PDF). Ship Management International. No. 5. Wingrave, UK: Elaborate Communications Ltd. pp. 44–46.
- ^ "Magic pipe incident draws huge fine". All Business. Simmons-Boardman Publishing. 1 January 2006. Archived from the original on 11 December 2008.
- ^ ""Magic pipe" cases continue in US – so do severe fines and banning of vessels". Bagsværd, Denmark: Baltic and International Maritime Council. 13 December 2010. Retrieved 13 December 2010.[dead link ]
- ^ a b c d Kantharia, Raunek (24 October 2019). "Magic Pipe: The Mystery of the Illegal Activity Still Continues on Ships". Marine Insight. Bangalore, India.
- ^ "Lemissoler magic pipe case collapses". London: Lloyd's List Intelligence / Informa plc. 13 December 2010. Retrieved 13 December 2010.(subscription required)
- ^ "First Engineer Of International Commercial Cargo Tanker Convicted Of Falsifying Records And Obstructing Justice In Scheme To Dump Oily Bilge In International Waters". San Francisco: U.S. Attorney for the Northern District of California. 20 April 2021.
- ^ "Carnival Cruise Lines Hit With $20 Million Penalty For Environmental Crimes". NPR. 6 April 2019. Retrieved 28 September 2019.
- ^ Blenker, Nick (21 June 2019). "Bulker operator cops plea in "magic pipe" case". Marine Log. New York: Simmons-Boardman.
- ^ Moore, Kirk (8 November 2018). "German bulk carrier company fined $3.2 million for 'magic pipe' oil discharges". Work Boat. Portland, ME: Diversified Communications.
- ^ "A corrupt corporate culture". The Motorship. Hampshire, UK: Mercator Media Ltd. 18 February 2013.
- ^ Walker, Jim (19 June 2019). "Caribbean Princess, Star Princess, Grand Princess, Coral Princess and Golden Princess?". Cruise Law News. South Miami, FL: Walker & O’Neill, P.A.