Fuels Spills and Your Liability

It is believed, this past summer a customer who purchased fuel from our marina, had an issue with their vessel which ended up leaking fuel into their bilge area. Once underway, the fuel in the bilge was expelled into the water from the boat via the boat’s bilge pump. A neighboring restaurant to the marina took the brunt of the boat’s fuel spill. With a dead-tide and light winds, the gasoline was slow to dissipate. The vapor and odors ended up closing the restaurant for a couple of hours.

The restaurant, wanting to make up for its alleged loss of revenue, filed a lawsuit against our marina. We discussed in length with their management and offered as much help as possible to help them to track down the vessel responsible. Ultimately, they continued with their lawsuit and we went to trial. The lawsuit from the restaurant was quickly dismissed by the court. Although the suit was dismissed, who really wins in a lawsuit when thousands are spent on attorney’s fees?

This whole situation prompted us to create this blog post about what boat owners should be aware of with fuel and oil spills on the water. How can you prevent a spill on your vessel? The easiest way is a simple visual and smell test around your boat. Get to know your boat; for example, if you pop open an engine hatch, deck port, or drain and you can visibly see or smell gasoline or oil you know you have an issue. It is best to call a professional repair facility at this point. If you believe gasoline has leaked in your boat, the fire department should also be called before turning on any power to the boat or moving your boat to avoid a potential fire/explosion. 

While your boat is in the water, if you seen an oil sheen around it, that can be a sign of a leak as well. Some could be minor, such a seal in a lower unit with fishing line around it (which should be repaired by my service facility before use) or unburnt fuel/oil in your 2-stroke motor. Again, this is where getting to know your boat comes in handy. Your old 2-stroke motor will most likely have a small sheen every time it hits the water. But if it’s a larger sheen you will know you have an issue that needs attention.

Perhaps the easiest way to prevent spills is to pay attention. Always double-check to make sure the fuel pump nozzle is in the gasoline fill port. It is more common than most might think that fuel inadvertently is pumped into a rod holder, fresh water tank, or pump-out port for your on-board toilet. While filling your boat, never leave a pump unattended. Most dispensers are equipped with auto-shutoff valves, but with a boat rocking in the water, you never want to rely on just that feature; always man your pumps.

If a spill does occur, here are some tips for you. Federal and Coast Guard regulations require a spill of any amount to be reported. The contact number for The National Response Center is 800-424-8802. DNREC in Delaware’s contact information in the event of a spill is 800-662-8802. Maryland’s reporting number is 866-633-4686. You are required to report the spill to both state and federal officials.

Many insurance policies can provide coverage for environmental issues. Call your agent to verify if you have coverage or can get coverage in the event of an accidental discharge into the environment.