Two Vessel Corporations Plead Guilty for Illegal Dumping
Environmental
Greek-based shipping companies Chian Spirit Maritime Enterprises, Inc. and Venetico Marine each pleaded guilty today in District court in Delaware to a felony violation related to the operation of the M/V Irene E.M., a large bulk carrier. Chian Spirit, the carrier owner, and Venetico, the carrier operator, admitted to violating the Act to Prevent Pollution from Ships (APPS) by misleading U.S. Coast Guard investigators during the vessel’s port call to the United States in December 2005. The companies were sentenced by the Court to pay a total criminal penalty of $1.25 million dollars and to implement a detailed, court-monitored Environmental Compliance Plan.
According to the plea agreement, on December 5, 2005, the Irene requested entry into the Delaware Bay, en route to Newark, N.J. During the Coast Guard’s routine boarding, officers aboard the Irene provided Coast Guard investigators with a false log book that omitted required entries of overboard oily waste discharges made during the recent voyages.
Further investigation revealed that the vessel’s oil water separator had been inoperable for several months during the previous year. A vessel crew member testified that the ship illegally discharged waste oil into the ocean approximately four times per week into the open ocean. Most of these discharges took place at night or far from shore during trips to various ports, from Africa to Brazil, and from Brazil to the United States, so as to avoid detection. These illegal discharges were either recorded in the ship’s log inaccurately as having been “discharged through the oil water separator” or were not recorded at all. The Irene’s engineers also constructed a bypass pipe, often referred to as the “magic pipe,” which was also hidden from investigators during Coast Guard boardings.
“Companies that illegally and intentionally pollute our oceans violate the law and harm one of our most precious and vulnerable natural resources,” said David M. Uhlmann, Chief of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division. “The Justice Department will continue to prosecute companies who fail to comply with the laws that protect our environment from illegal pollution.”
Engine room operations on board large oceangoing vessels such as the Irene generate large amounts of waste oil. International and U.S. law prohibit the discharge of waste oil without treatment by an oil water separator. The law also requires that all overboard discharges be recorded in an oil record book, a required log which is regularly inspected by the Coast Guard.
As part of the plea agreement, the corporations will pay a combined penalty of $1.25 million, $250,000 of which will be dedicated to a marine-based environmental enhancement community service project on the Delaware Bay.
In a related case, the Chief Engineer of the Irene, Adrien Dragomir, pleaded guilty in August 2006 to one APPS violation for falsifying the Irene’s oil record book. He was sentenced to serve a one-year term of unsupervised probation. Grigore Manolache, the ship’s master, pleaded guilty in July 2006 to a one-count information charging him with presenting false information to the U.S. Coast Guard regarding the vessel’s illegal dumping.
This case was investigated by the U.S. Coast Guard and the U.S. Environmental Protection Agency Criminal Investigation Division. This case was prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Related listings
-
Ship Operator Sentenced for Environmental Crimes
Environmental 01/24/2007WASHINGTON – American-based ship operator, Pacific-Gulf Marine, Inc. (PGM), was sentenced today for deliberate acts of pollution involving a fleet of four ships, in violation of the Act to Prevent Pollution from Ships. U.S. District Judge William M. ...
-
$385 MILLION IN FUNDING FOR SCHOOLS & ROADS
Environmental 01/03/2007WASHINGTON, Dec. 28, 2006 - Agriculture Secretary Mike Johanns today announced that more than $385 million in Forest Service revenue will be distributed to 41 states and Puerto Rico for improvements to public schools, roads and stewardship projects. ...
-
Mercedes-Benz Fined for Clean Air Act Violation
Environmental 12/22/2006[##_1L|1021113314.jpg|width="200" height="171" alt=""|_##]Mercedes-Benz USA and its parent corporation, DaimlerChrysler AG (Mercedes), have agreed to pay $1.2 million in civil penalties to resolve allegations that they violated the Clean Air Act by f...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.