Tampa, FL – Atlas Ship Management Ltd., a Turkish corporation operating the bulk cargo vessel M/V Avenue Star, has been sentenced following a federal investigation into illegal oil dumping and falsification of records. The case, brought by the Environmental Protection Agency (EPA) and the Department of Justice, highlights a deliberate attempt to circumvent international and U.S. maritime law designed to protect the marine environment.
The investigation began on October 21, 2009, when the U.S. Coast Guard boarded the M/V Avenue Star during a routine inspection while the vessel was in Tampa. Crucially, two crewmembers came forward to report that senior engineers were actively bypassing the ship’s pollution prevention equipment and discharging oily waste directly into the ocean. These allegations were quickly substantiated by the Coast Guard inspection, which revealed a hidden bypass hose – commonly referred to as a “magic pipe” – connected to the ship’s sludge pump and oil water separator discharge line. This allowed engineers to illegally discharge oily bilge water without proper treatment.
Evidence presented during the investigation showed that engineers not only discharged waste overboard on multiple occasions but also concealed the practice by falsely recording information in the ship’s Oil Record Book, a legally mandated log of all oil transfers and discharges. Additionally, oily waste was found stored in the ship’s clean ballast tanks, intended for seawater, and subsequently discharged into international waters prior to the Coast Guard inspection. This deliberate misrepresentation and illegal dumping constituted a serious breach of environmental regulations.
Legal Ramifications and Penalties
Atlas Ship Management Ltd. pleaded guilty to one count of making false statements in violation of 18 U.S.C. 1001, and one count of violating the MARPOL Protocol (33 U.S.C. 1908(a)), an international treaty aimed at preventing pollution from ships. As a result of the guilty plea, the company was sentenced on December 2, 2010, to 36 months of probation, a hefty $800,000 federal fine, and required to contribute $100,000 to the Pinellas County, Florida, Environmental Fund. Furthermore, Atlas was ordered to implement a comprehensive Environmental Compliance Program, subjecting its vessels entering U.S. waters to rigorous inspection and auditing.
This isn’t the first conviction in the case. Gunduz Avaz, the ship’s chief engineer, and Yavuz Molgultay, the second assistant engineer, previously pleaded guilty to their roles in the cover-up and received separate sentencing. The case underscores the EPA’s commitment to prosecuting maritime pollution offenses and holding responsible parties accountable. Officials have emphasized the importance of whistleblowers in uncovering such crimes, praising the courage of the crewmembers who alerted the Coast Guard.
Key Facts
- Defendant: Atlas Ship Management Ltd.
- Vessel: M/V Avenue Star, a 10,965-ton bulk cargo ship
- Crime: Illegal oil dumping and falsification of records
- Location: Tampa, Florida and International Waters
- Laws Violated: 18 U.S.C. 1001, 33 U.S.C. 1908(a) (MARPOL Protocol)
- Penalties: $800,000 fine, $100,000 community service, 36 months probation, comprehensive Environmental Compliance Program
- Evidence: “Magic pipe” bypass hose, falsified Oil Record Book, crewmember testimony
“This case clearly demonstrates there is no benefit to deliberately bypassing pollution prevention equipment and dumping oil waste into the ocean,” stated Assistant Attorney General Ignacia S. Moreno. U.S. Attorney Robert E. O’Neill added that the prosecution sends a “clear message to owners and operators of commercial vessels that those who choose to intentionally pollute our oceans will be held accountable.”
Source: EPA ECHO Enforcement Case Database
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