RIASSUNTO
ABSTRACT
This paper describes the planning, preparation,offshore recovery and subsequent disposal of the toxic cargo which was lost from the container ship M/V SANTA CLARA 1 during the storms of January, 1992. Recovery of the toxic substance was undertaken by the vessel owners as a result of being served with, what is believed to be, the first offshore CERCLA (also referred to as Superfund) 106 removal order on February 20, 1992.
BACKGROUND
The M/V SANTA CLARA 1 was caught in a fierce storm early in January, 1992, while in transit from New York to Baltimore. In the early morning hours of January 4, she lost approximately 20 shipping containers over the side, but, due to the darkness and severity of the storm, those navigating her were unaware of the loss until entering the sheltered waters of the Delaware Bay. After daylight, the crew established that, according to the cargo manifest, four of the lost containers each contained 108, 25-gallon metal drums of arsenic trioxide (As203), palletized and bound with metal strapping.
The storm damage and the cargo loss was reported to the United States Coast Guard (USCG), As the nature of the loss and the geographical position offshore the New Jersey beaches became public information, local concern was aroused; especially since this event followed on the heels of the 1991 closures of the beaches due to medical waste washing ashore, The medical waste pollution problem had created great hardship and financial loss to the seaside business community and others. Naturally, the same local businessmen were extremely concerned that once again the beaches would be closed and another year of loss and hardship encountered.
City councilmen, mayors, congressmen, senators,environmentalists and many others were extremely concerned, even more so when the fishing grounds in the area of the cargo loss were closed. The jurisdictional body which must deal with such a problem is the USCG. Is human life, marine life or the environment at risk? Was the loss caused by an Act of God? Who pays for the search and recovery of the cargo, if necessary? These are only a few of the questions that had to be addressed. The USCG responded and these activities re reported in the Marine Safety Council Proceedings . This paper limits its discussion to the planning, recovery and subsequent disposal of the toxic materials.
INTRODUCTION
The SANTA CLARA owners and insurers had for several years retained the services of a prestigious American Admiralty Law firm with an in-house Rapid Response Team. The team responded immediately,seeking answers to the many questions which were being raised. The Rapid Response Team added a Search and Recovery Manager with in-depth experience in underwater search, salvage, diving and remote vehicle operations.
Prior to completion of the Federal Safety Plan, the project looked like a very simple salvage operation where divers or remotely operated vehicles (ROVS) would locate the cargo and attach recovery lines.