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Hamburg Cruise, S.A., International Maritime Organization (IMO) Number: 9138329 (Board decision, May 19, 2016)

In re Hamburg Cruise, S.A., International Maritime Organization (IMO) Number: 9138329 (EAB APPS Appeal No. 16-04C): consent agreement ratified

Decision type
Board decision
Dockets
APPS 16-04C, MSEB-HQ-2015-8124
Decided
May 19, 2016
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21
Official source
Read the official release (epa.gov)
PDF
View Official PDF

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This is citable Board precedent from 2016, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2016
The EPA regulations may have been amended, penalty amounts have been adjusted, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board incorporated and ratified the attached Consent Agreement and ordered the respondent to comply with all of its terms. The full text below is the official EPA release, transcribed from a scanned PDF with OCR proofreading.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Transcribed from a scanned original: EPA EAB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (epa.gov)

Plain-English summary

EPA and Hamburg Cruise, S.A. entered a Consent Agreement concerning the vessel identified by International Maritime Organization number 9138329. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent was ordered to comply with every term of the agreement immediately.

Decision snapshot

  • Cited authorities: 40 C.F.R. § 22.18(b)-(c)
  • Outcome: The Consent Agreement was incorporated and ratified, and the respondent was ordered to comply with its terms immediately.
  • Key point: The EAB may ratify a Consent Agreement and make compliance with its terms immediately binding.

Full text (EPA EAB public release)

F I L E D

MAY 19 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:

Hamburg Cruise, S.A.,
International Maritime Organization (IMO)
Number: 9138329,

Respondent.

Docket No. MSEB-HQ-2015-8124

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So ordered.¹

ENVIRONMENTAL APPEALS BOARD

Dated: May 19, 2016

By: [signature]
Mary Kay Lynch
Environmental Appeals Judge

¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order” in the matter of Hamburg Cruise, S.A., International Maritime Organization (IMO) Number: 9138329, Docket No. MSEB-HQ-2015-8124, were filed and copies of the same were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Riccardo Polito

Cruise Division Director, Hamburg Cruise, SA
Via Cantonale, 2B-CH6928

Manno (Switzerland)

Phone: 0041-91-612-2087
[email protected]

Michael G. Chalos

K&L Gates LLP

599 Lexington Ave.

New York, NY 10022
Phone: 1-212-536-4097

Fax: 1-212-536-3901
[email protected]

By Interoffice Mail:

Meetu Kaul

Air Enforcement Division

U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW

Mail Code 2242A

Washington, DC 20460

Dated: MAY 19 2016

[signature]
Annette Duncan
Secretary

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