Since the 1970s, international treaties—such as the London
Convention—have regulated the dumping of waste in ocean waters.
The MARPOL (Marine Pollution) Convention also was instituted to
restrict releases from vessels. Both conventions were upheld by
the International Maritime Organization (IMO).
These treaties have been instrumental in curbing pollution, according
to Lisa Mastny and Hilary French, of the World Watch Institute.
Under the London Convention, “the amount of industrial waste
dumped into the sea dropped from 17 million tons in 1979 to six
million tons in 1987, and dumping of dredge material and sewage
sludge also declined,” they wrote in a recently published
report. Additionally, the MARPOL Convention has led to a 60-percent
decline in the amount of oil spilled into the oceans between 1981
and 1989.
But despite the treaties, there is no international policing effort.
“A lot of these [treaties] when they were set up, the language
about enforcement was very vague. It didn’t really say what
happened when someone did illegal things. And because of that there
was no incentive to uphold that. You have no consequences,”
explained Mastny in an interview.
Vessels are subject to the laws of the country where they are registered.
This has resulted in a common practice called flag-of-convenience.
Oftentimes, shipping or cruise companies will re-flag their vessels
in countries that have lower environmental standards. Mastny said
that many countries where ship companies register their flags aren’t
members of these treaties, so the companies don’t have to
abide by the standards. “They end up registering in Liberia
and then dumping all this oil in international waters, because no
one can really stop them.”
Enforcement of the treaty is under national, not international
control. French and Mastny wrote, “The IMO has encouraged
flag-state governments to exercise greater control over their ships.
Another significant development has been the shifting of power to
countries other than the flag states, in particular to countries
with ports. Under an accord known as the 1982 Paris Memorandum of
Understanding, some 19 port countries in Europe and North America
have agreed to systematically inspect and detain any docked foreign
vessels if they suspect violations of international maritime laws.”
However, organizations such as the IMO, Greenpeace and other watchdog
groups seek to inform governments on illegal activities. Rene Coenen,
of the IMO, cited one instance in which a company “was marketing
a technique for getting rid of highly hazardous materials such as
PCBs and possibly radioactive materials. They would sell, to a prospective
government, the torpedo-shaped, stainless steel rocket. ... You
would shoot it or propel it into mud located on the sea bottom somewhere.”
The company claimed that this was legal. The IMO took action to
inform governments about the illegal activities of the company and
stop them from buying the system.
“If you look into this business from another prospective,
waste dealings mean money, and if it’s highly hazardous material,
it means more money, in terms of finding solutions. So there is
always an incentive, for say people with a different morale, to
step into this business and make some money out of it,” stated
Coenen. There is no systematic way of reporting illegal activities
or actions to prevent them, he said.
In the United States, the London Convention is upheld under the
U.S. Dumping Act. The Navy defines illegal dumping as “the
intentional disposition of wastes generated ashore or materials
onloaded for the express purpose of disposal at sea.” The
only legal way to dispose of any kind of waste at sea is through
a permit from the Environmental Protection Agency (EPA). According
to Doug Johnson, regional sea quality coordinator for the EPA, about
the only item that legally can be dumped in U.S. waters is dredge
material. But the Navy occasionally will ask for permission to dispose
of ships at sea, as targets for evaluation of conventional ammunition
and weapons systems, or for burials at sea. Both examples follow
strict environmental guidelines.
The Army Corps of Engineers is the primary source of dredge material.
Johnson explained that there is a three- to four-year process in
which the EPA chooses a site with the least environmental impact.
The area is studied for bottom characteristics such as levels of
sand, mud, types of sea life and the water quality. They also test
to determine if dispersion of the dredge will create any obstacles
for ship navigation.
The illegal dumping the EPA finds is mostly construction materials
from the building of bridges or piers. Sometimes, people dump without
realizing it is against the law. Johnson cited an instance when
police were disposing of guns from a buy-back program.