Houston-based chemical storage facility Baytank (Houston), Incorporated, along with three of its executives, faced years of legal battles culminating in a hefty fine and probation in a landmark environmental crime case. The case, originating with a 1987 grand jury indictment, marked the first criminal prosecution under the Ocean Dumping Act, and exposed a deliberate scheme to illegally dispose of hazardous waste.
Federal prosecutors alleged that Baytank, a subsidiary of the Norwegian company Odfjell Westfal-Larsen (USA), Inc., knowingly discharged contaminated wastewater—generated from tank cleaning, spill washdowns, and rainfall—directly into the Bayport Turning Basin in Harris County, Texas. Instead of proper treatment and disposal, the company allegedly utilized its parent company’s chemical tanker ships to dump the hazardous material into the ocean, circumventing environmental regulations and posing a significant threat to marine ecosystems.
The initial 37-count indictment charged 21 individuals with conspiracy and a range of violations under multiple federal statutes, including the Marine Protection, Research and Sanctuaries Act (MPRSA), the Federal Water Pollution Control Act (FWPCA – Clean Water Act), the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund). While many charges were dismissed following a jury trial in 1988, Baytank, along with executives Haavar Nordberg and Roy Johnsen, were convicted on multiple counts of negligent discharge, illegal hazardous waste disposal, and failure to report a hazardous substance release.
Donald Gore, a Baytank employee responsible for environmental matters, was also found guilty of four counts of negligent discharge under the Clean Water Act. The convictions initially led to a $50,000 fine and five years of probation for Baytank, as well as appeals. However, a subsequent judgment ordered a new trial on several counts, and the Fifth Circuit Court of Appeals affirmed that decision for Nordberg, Johnsen, and Gore. Ultimately, in March of 1992, a plea agreement was reached. Nordberg and Johnsen each pled guilty to two counts of Clean Water Act violations and were fined $40,000 each. Gore pled guilty to one CWA count and was fined $20,000. Baytank itself pled guilty to six Clean Water Act violations and one CERCLA count, resulting in a staggering $1,000,000 fine in addition to the previously imposed penalties for RCRA violations.
The case underscored the growing federal scrutiny of industrial pollution and the willingness of authorities to pursue criminal charges against both corporations and individuals responsible for environmental damage. The penalties levied against Baytank and its executives served as a warning to other companies that environmental compliance wasn’t merely a regulatory concern, but a legal imperative with serious consequences for those who chose to disregard it. The investigation highlighted the complexities of tracking and prosecuting ocean dumping, and the need for international cooperation to address marine pollution.
Key Facts
- Defendant: Baytank (Houston), Incorporated
- Executives Convicted: Haavar Nordberg, Roy Johnsen, Donald Gore
- Location: Bayport Turning Basin, Harris County, Texas
- Statutes Violated: 18 U.S.C. 371, 33 U.S.C. 1411(a)(1), 33 U.S.C. 1415(b), 33 U.S.C. 1311(c), 42 U.S.C. 3008(d)(2)(A), 42 U.S.C. 9603(b), 42 U.S.C. 6928(d)(3), 42 U.S.C. 6928(d)(2)(A), 33 U.S.C. 1319(c), 42 U.S.C. 6928(d)(5)
- Penalties: Baytank – $1,050,000 in fines, 60 months probation. Nordberg – $40,000 fine. Johnsen – $40,000 fine. Gore – $20,000 fine.
- Significance: First criminal case brought under the Ocean Dumping Act.
GrimyTimes will continue to follow environmental crime cases and report on developments as they unfold.
Source: EPA ECHO Enforcement Case Database
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