Boyang, Ltd., Pollution, Alaska 2005

Anchorage, AK – Boyang, Ltd., a shipping company, has been convicted of violating maritime pollution laws, following a federal investigation into illegal discharges from the MV Baron. The case, originating in 2004, revealed a deliberate scheme to bypass the vessel’s pollution control equipment and dump oily waste directly into U.S. navigable waters. The Environmental Protection Agency (EPA) led the criminal enforcement action, resulting in both individual and corporate penalties.

The investigation began with accusations leveled against key members of the MV Baron’s engineering staff. Lee, the Chief Engineer, and Kim, the First Engineer, were initially charged in November 2004 with violating the International Convention for the Prevention of Pollution from Ships (MARPOL), specifically 33 U.S.C. 1908(a). Evidence presented to the court detailed how the engineers knowingly utilized a flexible hose to circumvent the ship’s oil water separator and incinerator – systems designed to treat and dispose of oily waste responsibly. Instead, this waste was discharged overboard, polluting Alaskan waters.

Both Lee and Kim entered guilty pleas to the charges. Lee received a sentence of three months incarceration and a $100 special assessment fee. Kim faced a slightly harsher penalty, receiving two months incarceration, a 36-month probationary period, and a $100 special assessment fee. However, prosecutors determined that the responsibility extended beyond the individual engineers, leading to charges against the ship’s operating company, Boyang, Ltd.

On April 14, 2005, Boyang, Ltd. was formally charged with a single count of violating MARPOL. The company quickly entered a guilty plea, acknowledging its role in facilitating the illegal discharges. The sentencing, handed down on April 26, 2005, reflected the severity of the offense. Boyang, Ltd. was placed on 60 months of probation, ordered to pay a $1,200 special assessment fee, and levied a substantial $1.5 million federal fine.

The EPA’s enforcement of MARPOL in this case demonstrates a commitment to protecting U.S. waterways from pollution originating from international shipping. The use of a bypass hose represents a calculated effort to avoid the costs associated with proper waste management, prioritizing profit over environmental responsibility. The penalties imposed on both the individuals involved and the corporate entity serve as a deterrent to others who might consider similar violations.

This case underscores the importance of vigilant monitoring and enforcement of maritime environmental regulations. The EPA continues to investigate potential violations of MARPOL and other environmental laws, working to ensure that companies and individuals are held accountable for actions that harm our oceans and coastal ecosystems. The MV Baron incident remains a stark reminder of the potential consequences of environmental crime.

Key Facts

Defendant: Boyang, Ltd.
Crime: Violation of MARPOL Protocol – Prevention of Pollution from Ships
State: Alaska
Year: 2005
Statute Violated: 33 U.S.C. 1908(a)
Individual Penalties: Lee (3 months incarceration, $100 assessment), Kim (2 months incarceration, 36 months probation, $100 assessment)
Corporate Penalty: Boyang, Ltd. (60 months probation, $1,200 assessment, $1.5 million fine)
Method of Pollution: Use of a flexible hose to bypass oil water separator and incinerator, discharging oily waste overboard.

Source: EPA ECHO Enforcement Case Database

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