Two shipping companies were fined a combined $4.5 million for breaching US pollution laws, following incidents involving falsified records and obstruction of investigations. The violations occurred during port calls in Florida and New Jersey in 2022. Alongside financial penalties, the companies have been placed on probation and must adhere to environmental compliance plans to ensure future adherence to pollution prevention standards.
Legal Violations and Sentencing
The companies pleaded guilty to violations of the Act to Prevent Pollution from Ships (APPS) in two separate cases. These violations involved:
- Illegal Discharges: Oily waste was discharged into the sea, bypassing required pollution prevention equipment.
- Record Falsification: The oil record book, a critical compliance document, was falsified to conceal the discharges.
- Obstruction of Justice: Efforts were made to hide evidence, including pumps and hoses used in the bypass operation.
The combined penalties include a $3.375 million criminal fine and a $1.125 million community service payment, alongside a five-year probation period.
Accountability and Compliance
The crew responsible for the misconduct concealed their actions from the company. However, under US law, the companies were held vicariously liable for the crew’s actions. In response:
- The companies agreed to environmental compliance plans as a condition of probation.
- The plans include third-party monitoring to ensure adherence to pollution prevention regulations.
- Affected personnel, including the chief and second engineers, were sentenced and fined for their roles in the violations.
Implications for Maritime Regulations
This case underscores the strict enforcement of international and US maritime pollution laws. Key takeaways include:
- Deterrence of Environmental Violations: The financial and operational penalties serve as a warning to other operators.
- Strengthened Oversight: Compliance plans with independent monitoring aim to prevent future violations.
- Focus on Crew Training: Ensuring crew awareness of pollution regulations is critical to avoiding similar incidents.
This incident emphasizes the importance of adhering to maritime environmental standards and maintaining transparency in vessel operations. The penalties reflect a commitment to safeguarding marine ecosystems and upholding international maritime law.
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Source: Llyod’s List
