Acting Assistant Attorney General for the US Justice Department’s Environment and Natural Resources Division Robert Dreher, US Attorney Deirdre Daly and Rear Admiral Daniel Abel, Commander of the First Coast Guard District in Boston (Mass) announced in a joint press statement issued by the US Justice Department.
“The defendants violated environmental laws that protect our oceans, the world’s fisheries and marine life, from harmful pollution,” said Assistant Attorney General Dreher.“Today's conviction ensures they will be held accountable with a stiff criminal fine, contribute to conservation efforts in coastal areas of Long Island, and submit to strict monitoring.We hope this sends a strong message to the shipping industry that committing environmental crimes at sea will not be tolerated.”
“Pollution of our waters will not be tolerated,” said US Attorney Daly. “Shipping companies are on notice that violating American environment laws will result in federal prosecution and puts at risk their business interests in this country. Crew members who ignore these laws may also face incarceration. Although these illegal discharges of oily waste occurred in international waters, we are gratified that a quarter of the $1.2 million monetary penalty will fund improvements and protection of the Long Island Sound, a vital economic and recreational resource that contains many unique wildlife habitats.”
“The Coast Guard is committed to working with the maritime industry, and federal, state and local law enforcement partners, to protect the US maritime environment from individuals who pollute our waters,” said Rear Admiral Abel. “When these violations occur, the Coast Guard will work with our partners to ensure that the violators are held accountable under the law.”
According to court documents and statements made in court, on 6th November, 2012, the US Coast Guard boarded the 46,000 dwt ‘Bow Lind’ in New Haven (Conn), to conduct an inspection. The inspection and subsequent criminal investigation revealed that three times between October 2011 and October 2012, while in international waters, the vessel discharged machinery space bilge water directly into the sea.
At the direction of senior engineer Ramil Leuterio, crew members bypassed pollution prevention equipment that was in place to ensure that any discharged bilge water contain less than 15 parts per million of oil. The crew then concealed the illegal discharges by making misleading entries and omissions in the vessel’s oil record book.
According to several engine room crew members, Leuterio directed them to use a complex system to transfer the bilge water from the bilge holding tank to the sewage tank, the US Justice Department said. From the sewage tank, the bilge water was dumped directly into the sea without passing through pollution prevention equipment.
Once the bilge holding tank was emptied, Leuterio directed the lower ranking crew members to put clean fresh water and salt water into the tank. As the pollution prevention equipment automatically records the time it is being operated, Leuterio then processed the clean water through the prevention equipment, thereby creating an electronic record to account for the bilge water that had bypassed the equipment and been discharged directly overboard, according to the statements.
Under the terms of a binding plea agreement, if accepted by the court, Odfjell will be placed on probation for three years and pay a fine totaling $1.2 mill, including $300,000 that will be directed to The National Fish and Wildlife Foundation to fund projects aimed at the preservation and restoration of the marine environment of Long Island Sound.
As a condition of probation, Odfjell will implement an environmental management plan which will ensure that any ship operated by the company calling at a US port complies with all maritime environmental requirements established under applicable international, flag state, and port state laws. An independent monitor will report to the court regarding Odfjell’s compliance with these obligations during the period of probation.
Leuterio, a Philippino citizen, pleaded guilty to one count of violating APPS for his role in directing lower ranking crew members to make the illegal discharges and for failing to accurately maintain the vessel’s oil record book. He faces a maximum term of imprisonment of six years and a fine of up to $250,000.
US District Judge Vanessa Bryant has scheduled sentencing for 14th May, 2014, the US Justice Department said.