SAN JUAN, Puerto Rico – The acting commander of U.S. Coast Guard Sector San Juan, Capt. Robert Stiles, issued a Captain of the Port (COTP) Order to Puerto Nuevo Terminals (PNT) port facility, Wednesday, for unlawfully handling dangerous cargo, specifically ammonium nitrate.
This action was taken following a routine examination in which Coast Guard inspectors discovered PNT’s non-compliance with previous Coast Guard regulatory and safety orders which suspended PNT’s permit to handle hazardous cargoes as required by law and due to the facility’s lack of adequate firefighting capability.
“This is a serious violation creating a dangerous situation at Puerto Nuevo Terminals, which is located next to a liquified natural gas facility,” said Capt. Robert Stiles, acting Coast Guard Sector San Juan commander and Captain of the Port. “The unlawful handling of ammonium nitrate can pose a serious risk to the safety of critical port infrastructure in San Juan Harbor. We are investigating this matter thoroughly and have taken necessary measures to ensure that the Puerto Nuevo Terminals facility is operating in a safe manner. The Coast Guard is committed to the safety and security of the nation’s ports and navigable waterways, and it is our duty to protect them.”
PNT’s inability to meet safety compliance measures regarding their firefighting capability has been a long-standing concern for the Coast Guard. After repeated concessions affording PNT opportunities to become compliant with the regulations, Sector San Juan commander and COTP issued a final notice letter to PNT regarding their hazardous cargo operations with a hard compliance deadline of Oct. 8, 2024. PNT failed to meet the deadline and on Oct. 9, 2024, their general permit to handle, store, stow, load, discharge or transport dangerous cargo was suspended. Following some progress toward compliance including temporary firefighting measures, Coast Guard Sector San Juan COTP revived the general permit with restrictions prohibiting the handling of certain cargoes. Those restrictions were violated and resulted in this latest action to suspend their permit for all hazardous cargo operations.
Upon inspection of the facility on Wednesday, PNT’s general permit for the handling, storing, stowing, loading, discharging or transporting of any dangerous cargo was suspended in accordance with the provisions of 33 CFR § 126.31, deemed necessary by the COTP to ensure the safety and security of the port and surrounding waterways. This order will remain in effect until PNT meets the requirements outlined in the COTP order.
In accordance with 46 U.S.C. § 70036, failure to comply with this Captain of the Port Order is punishable by a civil penalty of up to $117,608 for each occurrence and day of violation. Willful and knowing violation of this order is a class D felony, punishable by up to six years in prison (18 USC § 3581) or fines of up to $250,000 for an individual or $500,000 for an organization (18 USC § 3571).
Waterfront facilities designated to handle, store, load, discharge or transport dangerous cargo are required to provide adequate quantities and locations of fire extinguishing equipment to meet National Fire Protection Association (NFPA) 307 in the absence of State or local laws, in accordance with 33 CFR 126.15(a)(1). NFPA 307 requires hydrants at least every 300 feet and a sufficient hydrant water supply. This suspension does not prohibit PNT from handling non-hazardous general cargoes.
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