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Korean corporate owner of cargo vessel sentenced
to pay $2.2 Million for conspiracy and
falsifying records. U.S. District Court Judge
Richard Lazzara (Middle District of Florida)
sentenced the Korean corporation STX Pan Ocean
Co. Ltd., which operates the commercial cargo
ship M/V Ocean Jade, to pay $2.2 million in
penalties and serve four years of probation for
conspiring to falsify and falsifying
environmental compliance records, the Justice
Department announced.
Of the $2.2 million that STX must pay, $200,000
will go to the National Fish and Wildlife
Foundation, which partners in Florida with the
Pinellas County Environmental Fund (PCEF).
PCEF has funded numerous wide-ranging projects
related to the protection, restoration and
enhancement of fish and wildlife habitat in the
Tampa Bay area. The court also ordered STX to
implement a detailed environmental compliance
plan, including monitoring of its fleet-wide
operations for the next four years, training for
crew members, and engineering alterations to
protect gulf and ocean waters.
STX pleaded guilty to four felony offenses on
April 24, 2009, including conspiracy, falsifying
records, and making false statements, all of
which were committed by crew members aboard the
M/V Ocean Jade from July to October 2008.
Federal and international law requires that all
ships comply with pollution regulations that
include the proper disposal of oily waste and
sludge by passing the oily waste through an
oil-water separator aboard the vessel or burning
the sludge in the ship's incinerator.
Federal law requires the ship's crew to record
accurately each transfer or disposal of oily
waste and sludge in the ship's oil record book.
In addition, federal and international law also
requires that ships record disposals of garbage
in the vessel's garbage record book. Both record
books must be available for inspection by the
U.S. Coast Guard when the vessel is within the
waters of the United States.
According to the various plea agreements filed
in the case, in late July 2008, the Chief
Engineer Hong Hak Kang ordered several crew
members to dump approximately 10 barrels
containing oily waste water directly overboard
into the ocean.
Then,
on Sept. 27, 2008, Chief Officer Jeong Gyu Lee
instructed several members of the deck
department to dispose of oily waste from the
crane houses directly into the ocean using a
flexible plastic hose that was draped over the
side of the vessel.
In
addition, from August to October 2008, Chief
Engineer Kang and another engineering officer
made entries into the M/V Ocean Jade's oil
record book by applying a pre-established
formula, rather than recording the actual
amounts of oily waste and sludge transferred,
burned or discharged.
When
the ship arrived in the Port of Tampa on Oct. 7,
2008, its officers presented false oil and
garbage record books to Coast Guard
investigators. Several crew members also
provided investigators with false statements
about the several dumping incidents that had
occurred in the three months before the ship
arrived in Tampa.
Chief Officer Lee and Chief Engineer Kang both
pleaded guilty to felony offenses relating to
their falsification of the M/V Ocean Jade's oil
and garbage record book. In April 2008, Judge
James Whittemore sentenced Lee to time served
and three years supervised release. Today Judge
Richard Lazzara also sentenced Kang to three
years of probation and a $1,500 fine.
"Dumping pollution directly overboard into the
ocean and lying to investigators is unacceptable
and will not be tolerated," said John C. Cruden,
Acting Assistant Attorney General for the
Justice Department's Environment and Natural
Resources Division. "This sentence should make
clear to the shipping industry that the Justice
Department along with our federal partners will
continue to prosecute companies and crew members
if they fail to abide by laws protecting the
environment."
U.S. Attorney A. Brian Albritton stated,
"Keeping our ocean waters clean and free from
pollution is extremely important. Those who
recklessly foul our waters must pay a penalty
and take measures to make sure it does not
happen again."
"This outcome sends a clear message that it
doesn't pay to intentionally pollute and
intentionally disregard international pollution
prevention standards," said Captain Timothy
Close, Commander of U.S. Coast Guard Sector St.
Petersburg. "The U.S. Coast Guard will pursue
all such cases and will continue to work closely
with the U.S. Attorney and the Department of
Justice to prosecute offenders."
"The defendants used the ocean as a dumping
ground for waste oil and then tried to cover it
up," said Maureen O'Mara Special Agent in
Charge, U.S. Environmental Protection Agency
(EPA). "The oceans must be protected and marine
shipping companies and crew members that break
the law will be prosecuted."
The case was investigated by the U.S. Coast
Guard, Coast Guard Investigative Service and the
EPA. It was prosecuted by Cherie L. Krigsman,
Assistant U.S. Attorney for the Middle District
of Florida; Leslie E. Lehnert, Trial Attorney
for the Justice Department's Environmental
Crimes Section; and Lieutenant William George,
U.S. Coast Guard.
Source:
US Department of
Justice
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