Kirby has agreed to pay a $4.9m civil penalty over the oil spill that resulted from a collision between a barge and a bulker in 2014.
US authorities said the settlement arises from allegations that the US barge owner is liable for the spill of 528 tonnes of heavy fuel oil into the Houston Ship Channel.
The penalty centres on the collision between barges pushed by the Kirby tug Miss Susan collided with Cleopatra Shipping’s 43,193-dwt Summer Wind (built 2005).
Presence detected
The US Justice Department said that despite detecting the presence of the bulker in dense fog, the Kirby tug tried to cross the channel in front of the ship.
The resulting spill oiled 257 kilometres of coast, including a national wildlife refuge, a national seashore and a state park.
“This settlement sends a clear message that vessel owners and operators have a responsibility to protect our waters, people and the environment from oil spills and those who violate that duty will be held accountable under the law,” said Assistant Attorney General John Cruden, of the Justice Department’s Environment and National Resources Division.
Kirby to take steps
In addition to paying a penalty, Kirby has committed to improving operations across its fleet, including improvement of navigational equipment, skills training and simulator-based exercises.
The company also agreed to waive limits to its liability under the Oil Pollution Act.
“The remedial measures in this agreement will upgrade navigational equipment, provide employee training, and improve operational practises across an entire fleet of vessels.”
‘Strict liability matter’
Matt Woodruff, the director of public and government affairs at Kirby, tells TradeWinds that under US law, issuing a civil penalty is not a question of which party is at fault for a spill.
“Any time there is any kind of oil spill of any size there is a civil penalty,” he said. “It’s a strict liability matter.”
