Edwin Mendoza Duque, Violating APPS 33 U.S.C. 1908(a), Louisiana 2012

New Orleans, LA – Edwin Mendoza Duque, the Chief Engineer aboard the M/V Stellar Wind, was sentenced in June 2012 after pleading guilty to knowingly discharging oily waste into Louisiana waters, a violation of both U.S. and international maritime law. The case, investigated by the U.S. Coast Guard (USCG), revealed a deliberate attempt to circumvent pollution control measures and falsify ship records.

The USCG boarded the M/V Stellar Wind in Louisiana on an unspecified date in early 2012. During a routine inspection, authorities discovered evidence that Duque and his engineering crew had been illegally bypassing the vessel’s oily water separator – a crucial piece of equipment designed to prevent oil from being discharged directly into the ocean. Instead, they were found to have used hoses to pump oily waste directly overboard.

Further investigation uncovered discrepancies between the oil content meter readings and the entries logged in the ship’s Oil Record Book. This record book is a legally mandated document used to track all oil transfers and discharges, and any falsification is considered a serious offense. The conflicting data strongly suggested an intentional effort to conceal the illegal dumping practices.

Duque was initially charged on March 2, 2012, with one count of violating the Act to Prevent Pollution from Ships (APPS), specifically 33 U.S.C. 1908(a), which criminalizes knowingly violating provisions related to the discharge of oil and other pollutants. He also violated the MARPOL Protocol – Prevention of Pollution from Ships, an international convention aimed at minimizing pollution from ships.

The sentence, handed down on June 26, 2012, was relatively light: one day of incarceration and a $2,000 federal fine. While some may view this as lenient, legal experts note that guilty pleas often result in reduced sentencing, and the fine represents a financial penalty for the environmental damage caused. The case serves as a reminder that even seemingly minor infractions of maritime pollution laws can have serious consequences.

The Achillea Navigation Corporation, owner of the M/V Stellar Wind, and Apostolidis Apostolos, the vessel’s operator, were also implicated in the investigation, though specific details regarding any penalties levied against the company or operator were not immediately available. The USCG continues to prioritize the enforcement of maritime pollution regulations to protect sensitive coastal ecosystems and ensure responsible shipping practices.

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Key Facts

Defendant: Edwin Mendoza Duque
Vessel: M/V Stellar Wind
Location: Louisiana
Year: 2012
Statutes Violated: 33 U.S.C. 1908(a) (APPS), MARPOL Protocol
Charge: Knowingly discharging oily waste into U.S. waters and falsifying ship records.
Penalty: 1 day incarceration, $2,000 fine

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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