Vessel Operator And Chief Engineer Convicted For Oily Bilge Water Discharge Offense
New Trade Ship Management S.A. (New Trade), a vessel operating company, and vessel Chief Engineer Dennis Plasabas pleaded guilty in San Diego, California, for maintaining false and incomplete records relating to the discharge of oily bilge water from the bulk carrier vessel Longshore.
New Trade and Plasabas admitted that oily bilge water was illegally dumped directly into the ocean from the Longshore without being processed adequately through required pollution prevention equipment. Oily bilge water typically contains oil contamination from the operation and cleaning of machinery on the vessel. The defendants also admitted that these illegal discharges were not recorded in the vessel’s oil record book as required by law.
Specifically, on two separate occasions between October and December 2021, Chief Engineer Plasabas, who New Trade employed, ordered lower-ranking crew members to use a portable pneumatic pump and hose to bypass pollution prevention equipment by transferring oily bilge water from the vessel’s bilge holding tank to the vessel’s sewage tank, from where it was discharged directly into the ocean.
Plasabas then failed to record these improper transfers and overboard discharges in the vessel’s oil record book. Additionally, to create a false and misleading electronic record as if the pollution prevention equipment had been appropriately used, Plasabas directed lower-ranking crew members to pump clean seawater into the vessel’s bilge holding tank in the same quantity as the amount of oily bilge water that he had ordered transferred to the sewage tank.
Plasabas then processed the clean seawater through the vessel’s pollution prevention equipment as if it was oily bilge water to make it appear that the pollution prevention equipment was being correctly used when it was not. The electronic records indicate that approximately 9,600 gallons of clean sea water were run through the pollution prevention equipment.
“This case demonstrates our commitment to investigating and prosecuting environmental crimes occurring at sea, no matter how wrongdoers try to cover them up,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to work with our partner agencies to ensure polluters are held fully accountable.”
“We are committed to protecting our environment from people who cause immeasurable harm with shortcuts,” said U.S. Attorney Randy Grossman for the Southern District of California. “This was a calculated plan to violate the rules, and today the offenders are being held accountable.” Grossman thanked the prosecution team and the U.S. Coast Guard for their excellent work on this case.
“This prosecution highlights the U.S Attorney’s Office and the U.S. Coast Guard’s dedication to safeguarding our oceans against those that seek to harm our natural resources deliberately,” said Captain James W. Spitler, Sector Commander of the Coast Guard Sector San Diego. “Illegal dumping of oil and falsification of oil record books are egregious violations. Today’s guilty plea should serve as a reminder that the Coast Guard and our partners at the Department of Justice will work tirelessly to hold accountable those that seek to discharge oil and falsify ship records deliberately.”
New Trade and Plasabas each pleaded guilty to a felony violation of the Act to Prevent Pollution from Ships for failing to maintain the Longshore’s oil record book accurately. Under the terms of the plea agreement and subject to court approval, New Trade will pay a total fine of $1,100,000 and serve a four-year term of probation, during which any vessels operated by the company and calling on U.S. ports will be required to implement a robust Environmental Compliance Plan. Sentencing for the defendants is currently set for Nov. 18.
This case was investigated by the U.S. Coast Guard Sector San Diego and the U.S. Coast Guard Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Melanie K. Pierson for the Southern District of California and Senior Trial Attorney Stephen Da Ponte of the Justice Department’s Environment and Natural Resources Division, Environmental Crimes Section.
Reference: The United States Department Of Justice