China Navigation Company, Pollution, WA 2010

Tacoma, WA – The China Navigation Company Pte. Ltd. has been sentenced to two years of probation, a $75,000 fine, and a $25,000 community service payment following an investigation into deliberate falsification of waste disposal records aboard the M/V Pacific Celebes. The case, brought by the U.S. Attorney’s Office for the Western District of Washington, highlights a growing concern over intentional pollution by maritime shipping companies and the crucial role whistleblowers play in uncovering such violations.

According to court documents, the M/V Pacific Celebes arrived at the Port of Kalama on February 23, 2010, where a routine Port State Control inspection by the U.S. Coast Guard revealed discrepancies in the ship’s Garbage Record Book. The inspection was prompted by a tip from a whistleblower who alleged that oil-contaminated waste, generated during a spill containment operation, had been illegally dumped overboard. Investigators discovered that approximately five 55-gallon drums of the oily waste had been partially incinerated, but the remainder was knowingly discharged into the ocean without proper documentation.

The failure to accurately record the dumping of the waste constituted a direct violation of the Act to Prevent Pollution from Ships (33 U.S.C. 1907(a)), specifically the MARPOL Protocol, an international treaty designed to prevent pollution from vessels. The falsified record book created a misleading impression that the ship was adhering to environmental regulations, masking the illegal disposal practices. Both the ship’s Chief Engineer and Master were aware that their actions contradicted company policies and environmental compliance procedures.

Federal prosecutors emphasized the severity of the offense and the importance of holding shipping companies accountable for environmental crimes. “We have a strong history of prosecuting cases of illegal ocean dumping,” stated U.S. Attorney Jenny A. Durkan in a press release. “It is critical that crews be properly trained to follow the laws that protect our seas.” The government also acknowledged the bravery of the whistleblower, who will receive half of the criminal fine – $37,500 – as a reward for coming forward despite potential personal risk.

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Key Facts

Defendant: China Navigation Company Pte. Ltd.
Crime: Falsifying waste records and illegal dumping of oil-contaminated waste.
Location: Port of Kalama, Washington State
Statutes Violated: 33 U.S.C. 1907(a) (MARPOL Protocol)
Penalties: 2 years probation, $75,000 fine, $25,000 community service payment to the Columbia River Estuarine Coastal Fund.
Whistleblower Reward: $37,500

As part of the plea agreement, China Navigation Company has committed to implementing an enhanced environmental training program for its crew and establishing a direct reporting procedure for all ships calling on U.S. ports. The training program will be subject to a third-party audit to ensure its effectiveness. The $25,000 community service payment will be directed to the Columbia River Estuarine Coastal Fund, managed by the National Fish and Wildlife Foundation, to support habitat protection and restoration efforts. The case was jointly investigated by the U.S. Coast Guard and the U.S. Environmental Protection Agency, with prosecution led by Assistant U.S. Attorney Jim Oesterle and Special Assistant U.S. Attorney LCDR Marc Zlomek.

This case serves as a reminder of the ongoing efforts to combat maritime pollution and the critical need for robust enforcement of international environmental regulations. GrimyTimes will continue to follow developments in environmental crime and provide in-depth coverage of cases impacting our waterways.

Source: EPA ECHO Enforcement Case Database

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