Seward, AK – A Seward resident has been sentenced for illegally dumping oily bilge water into the Seward Small Boat Harbor, a designated Alaska Clean Harbor. Allen Lloyd McCarty, 62, was found guilty on November 21, 2013, following a jury trial in Seward District Court, for his actions which investigators deemed “egregious” and “willful.” The case highlights ongoing concerns regarding marine pollution and the importance of responsible vessel operation in Alaska’s sensitive coastal ecosystems.
According to court documents and statements from the Alaska Department of Environmental Conservation (DEC), McCarty discharged the contaminated bilge water from his vessel, the M/V Dutch Harbor, directly into the harbor. Harbor staff quickly detected the pollution and alerted authorities. Subsequent sampling and analysis conducted by the United States Coast Guard (USCG) and the USCG Marine Safety Lab conclusively linked the oil to the M/V Dutch Harbor’s bilge.
Bilge water, a common byproduct of boat operation, often contains a hazardous mix of engine oil, fuel, antifreeze, transmission fluid, and other pollutants. The discharge of such waste poses a significant threat to marine life, including fish consumed by Alaskan communities. The Seward Small Boat Harbor, one of only two certified Alaska Clean Harbors in the state, actively promotes pollution prevention and environmental protection. McCarty’s actions directly undermined these efforts.
The joint investigation, conducted by the USCG and the DEC’s Environmental Crimes Unit (ECU), revealed a clear violation of state environmental regulations. McCarty was convicted of one count each of Pollution of Water, Oil Pollution, and Failure to Report a Discharge – all Class A misdemeanors under Alaska state law. Magistrate Judge George Peck, during sentencing, specifically criticized McCarty’s behavior as demonstrating “arrogance about the law.”
Penalties and Restitution
McCarty was ordered to pay a $5,000 fine for polluting state lands and waters. In addition to the fine, he was also directed to provide full restitution to the USCG for the costs incurred during their response to the spill, totaling $1,062. The defendant was also sentenced to perform community service as a component of his punishment. The charges were initially filed on November 5, 2012, with the sentencing occurring nearly a year later.
Key Facts
- Defendant: Allen Lloyd McCarty, 62
- Location: Seward Small Boat Harbor, Alaska
- Date of Sentencing: November 21, 2013
- Charges: Pollution of Water, Oil Pollution, Failure to Report a Discharge (all Class A misdemeanors)
- Fine: $5,000
- Restitution: $1,062 to the USCG
- Investigating Agencies: US Coast Guard and Alaska Department of Environmental Conservation’s Environmental Crimes Unit
The DEC encourages the public to report any suspected environmental crimes. Information about the ECU, including contact details, is available on the Department of Environmental Conservation’s website. This case serves as a reminder that intentional or negligent pollution of Alaska’s waters will be prosecuted to the fullest extent of the law.
Source: EPA ECHO Enforcement Case Database
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