September 13, 2024 105 pm PDT

CWA CrimeBox
Environmental Crimes Historic Conviction:  Fiscal Year 2006; Case ID# CR_1584(California)

Bypassing discharge surveillance technology brings a criminal conviction
One of 72 Clean Water Act Criminal Prosecutions in the State of California (from 1989-2023)

The defendant in this 2006 case was the Chief Engineer aboard the oil tanker vessel Cabo Hellas, presently registered and sailing under the flag of the Marshall Islands.

The defendant was charged with a single violation of the Clean Water Act, another charge for obstruction of justice, a third for uttering a false statements and a charge under MARPOL, the 1973 international marine environmental convention.

The vessel Cabo Hellas was a new tanker at the time of this trial, built in 2003, equipped with an Oil Content Meter, Oil Water Separator and an alarm set to go off when oil content reached a set level, 15 ppm. Deliberately bypassing the clean water technology, the defendant instructed crew to close a valve on the Oil Water Separator, effectively tricking the Oil Content Meter. This action resulted in a discharge of an unknown quantity of oily bilge water in violation of the CWA.

The defendant was convicted on all four charges, sentenced to 12 months probation and a special assessment of $200. No federal fine was issued in this case.

Federal Fines: $0; Restitution: $0; Special Assessment: $200; Probation: 12 months

CWA CrimeBox briefs are compiled from EPA Criminal Enforcement records.