Sea Hawk Paint Execs Go To Prison For Selling TBT Paint

[fstbttms]

Although this story apparently broke last December, I only heard about it recently.

A marine coatings company and two executives who pleaded guilty in October to willfully conspiring to obstruct the Environmental Protection Agency by selling a known pesticide were fined more than $1 million and sentenced to prison time.

Sea Hawk Paints executives get prison terms in banned-coating case | Trade Only Today

 

[Ukeluthier]

Glad to hear the EPA has found its teeth.

 

[Phil Herring]

Just a caution that this thread could find its way to the War Room if it wanders _too_ far into political territory. Thanks for your cooperation.

 

[Ukeluthier]

Just a caution that this thread could find its way to the War Room if it wanders _too_ far into political territory. Thanks for your cooperation.

What is political about the law of the land being enforced?

 

[Gene Neill]

The fact that the EPA is involved.

 

[kloudie1]

Biggest thorn in side is that they just banned it without having a reasonable, equally functional alternative.. Colder water places may not miss it too much, but we folks where the water is always warm and has lots of nutrients, really miss the stuff because of how well it worked. Kinda like if they just said one day.. you can't have rubber in your tires.. then outlawed tires and walked away leaving you with no good alternative.. Yes, I know the stuff is toxic, and it shouldn't be used in places where the ecosystem is delicate or the water doesn't move much or where the water might end up in a water supply, or where local fish from the marina might be eaten..

 

[Ukeluthier]

You mean like most of the sheltered coastline...

 

[Daveinet]

A couple of observations from a skeptic. TBT has a half life of 3 months in water, so while there can be a local impact, there is not the danger of long term impact. Sea Hawk claimed that the paint did not release the TBT above the rate limited by the EPA.
So look at some things we do know. There are statements in the article that are made by the EPA that are false. The EPA claimed that New Nautical was prohibited from manufacturing Biocop for domestic sales after Dec. 1, 2005, which is not true. Regulation was put in place, effective Dec 1st '05, which limited the rate at which TBT can leach into the water. It did not prohibit its use. One should also note that paint being applied must be applied by a licensed dealer. Notice in the article that a particular dealer got in trouble as well.

So start to put this all together, balanced with the fact, that you have the EPA with an unlimited resource of lawyers and money, against a small family owned corporation. So regardless of the real facts, and if what they were selling, really was legal, they were in a no win situation, so they punted and plead guilty. No one will know the real truth in the case, and if one does a little research, there is some question left as to if Sea Hawk was truly guilty. The EPA has the solid reputation for being ruthless and intimidating. It also is well documented to be extremely politicized. If anyone really understands how the court system works, it should be well understood that this case is much more about the legal system and government, rather than something based in reality. We will never know the whole truth.

One would be wise to learn to be a skeptic. Life in America is driven by marketing, rather than reality. Most things are not what they are purported to be on the surface.

 

[fstbttms]

So many inaccuracies. Every claim you made is easiliy proven wrong in a matter of minutes.

:

TBT has a half life of 3 months in water, so while there can be a local impact, there is not the danger of long term impact.

One of the most problematic aspects of TBT is its accumulation in sediments and its long half life of about 2 years. TBT often bonds to suspended material and sediments to the bottom, where it can remain and be released for up to 30 years.

https://en.wikipedia.org/wiki/Tributyltin

Sea Hawk claimed that the paint did not release the TBT above the rate limited by the EPA.

The case was not about TBT leach rates. The case was about the fact that TBT anti fouling paint is illegal for sale and use in the U.S. and New Nautical lied to the EPA about their continued manufacture and sale of a product that contained TBT.

There are statements in the article that are made by the EPA that are false. The EPA claimed that New Nautical was prohibited from manufacturing Biocop for domestic sales after Dec. 1, 2005, which is not true. Regulation was put in place, effective Dec 1st '05, which limited the rate at which TBT can leach into the water. It did not prohibit its use.

Are you just making stuff up as you go along?

Biocop was registered as a pesticide in December 1987 until Feb. 16, 2005. At that point, the EPA accepted New Nautical's irrevocable request for voluntary cancellation of Biocop's registration.

New Nautical started negotiating the cancellation in September 2004, according to court documents. The cancellation allowed the company to continue to sell Biocop made before Dec. 1, 2005, and shipped before Dec. 31, 2005.

But the company was prohibited from manufacturing Biocop for domestic sales after Dec. 1, 2005, and selling the coating to anyone in the U.S. after Dec. 31, 2005.

http://www.paintsquare.com/news/?fuseaction=view&id=11074

One should also note that paint being applied must be applied by a licensed dealer. Notice in the article that a particular dealer got in trouble as well.

You didn't read the article very carefully, did you? New Nautical purposefully sold Biocop under the name of their other company, "Refinish Line," in order to obfuscate the sales of an illegal product. There was no "particular dealer" that was charged with a crime.

One company that reportedly received "hypothetical allocations" was Refinish Line. Court documents say the Norries and Revie made it appear as if New Nautical had sold thousands of gallons of Biocop to Refinish Line, creating the appearance that Refinish Line was a distributor. The three even created false purchase orders for various customers supposedly buying Biocop from Refinish Line. They then sent the fake invoices to marine supply distributors, boatyards, shipyards and marinas.

http://www.paintsquare.com/news/?fuseaction=view&id=11074

...there is some question left as to if Sea Hawk was truly guilty. We will never know the whole truth.

Bullsh*t. The case is well documented, there are many witnesses, mountains of proof and the parties involved all pled guilty.

 

[Stu Jackson]

So many inaccuracies. Every claim you made is easiliy proven wrong in a matter of minutes.

:

Bullsh*t. The case is well documented, there are many witnesses, mountains of proof and the parties involved all pled guilty.

Thanks, Matt for that cogent summary.

Looks like Reading Comprehension 101 has reared its ugly had once again. :naughty:

 

[Stu Jackson]

Life in America is driven by marketing, rather than reality. Most things are not what they are purported to be on the surface.

That's not true either. Life in America is driven by greed. Marketing is just a tool.

But as fstbttms points out, truth does sometimes reach the surface.

You can't make up facts, regardless of what some "news" outlets try to do.

 

[Daveinet]

Not using news agencies or wiki, but rather reports that end in ".edu". Specifically Cornell.

 

[rgranger]

Thanks, Matt for that cogent summary.

Looks like Reading Comprehension 101 has reared its ugly had once again. :naughty:

I tried.... I just couldn't stop myself...