|
12/6/2024
WT Staff
 Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@watertoday.ca
December 6, 2024 926 am PST
CWA CrimeBox
Environmental Crimes Historic Conviction: Fiscal Year 2010; Case ID# CR_2061(California)
Non-conspirators: Cooperation with Coast Guard clears a crew member of criminal record
One of 72 Clean Water Act Criminal Prosecutions in the State of California (from 1989-2023)
Peer pressure to conform with one's supervisors and coworkers on the job is a powerful force not often resisted. Through dozens of historic prosecutions covered in CrimeBox, we have documented conspiracies to discharge pollutants and the conviction of all involved from the owners and executive of the companies involved, to the managers or supervisors giving illegal orders and to the employees following illegal orders. In this rare case, a single crew member chose to cooperate with inspectors, avoiding criminal charges under the Clean Water Act.
The U.S. Coast Guard {USGC} Marine Safety Office performed an inspection of a bulk cargo ship registered in the Marshall Islands traversing US waters in the Port of Oakland in 2010 that led to detention of the vessel and 11 crew members for 150 days.
The environmental defender in this case was the vessel's Chief Mate, who informed Coast Guard inspectors that a bypass pipe had been installed to route unfiltered water from the ship's boiler, bypassing the vessel's oily water separator (OWS), discharging contaminants to the environment. The Chief Mate further indicated this bypass pipe had been discarded overboard before the vessel entered the Port of Oakland.
Examination of the Oil Record Book of the vessel revealed a conflict with the physical condition of the vessel. Inspectors found the OWS and incinerator equipment with rust and non-functional, indicating recent entries in the log had likely been falsified. Lab analysis of water samples confirmed the presence of oil, supporting allegations of the Chief Mate and the observations by investigators.
The defendants in this case were the operator of the vessel, the shipping company owner of the vessel, Chief Engineer and Second Engineer. The defendants were charged with eight counts including conspiracy, making false statements, obstruction of justice and falsification of records under the CWA. A further charge was made under the Act to Prevent the Pollution from Ships.
The shipping company pled guilty to an information charging one count of violating the Act to Prevent Pollution from Ships and one count of making false statements. The corporate defendant was sentenced to a hefty federal fine $850,000, three years probation and an order to implement an environmental compliance plan. The Second Engineer pled guilty to one count of violating the Act to Prevent Pollution from Ships and was sentenced to a $500 federal fine, two years probation. The Chief Engineer pled guilty to one count of violating the Act to Prevent Pollution from Ships.
Federal Fines: $850,500; Probation: 60 months
CWA CrimeBox briefs are compiled from EPA Criminal Enforcement records.
See last week's CrimeBox here, Co-conspirators sentenced to prison and probation for illegal dumping in San Francisco Bay
|
|
|
All rights reserved 2024 - WTcal - This material may not be reproduced in whole or in part and may not be distributed,
publicly performed, proxy cached or otherwise used, except with express permission.
|
| 
| ABOUT 
