Gunduz Avaz, Violating the Act to Prevent Pollution from Ships, Florida 2010

Tampa, FL – A Turkish national was sentenced to five years of probation last week for his role in a scheme to illegally dump oily waste into the ocean and then cover it up through falsified ship logs. Gunduz Avaz, 50, served as Chief Engineer aboard the cargo vessel M/V Avenue Star when the violations occurred in October 2009.

According to court documents and statements from the Department of Justice, Avaz knowingly failed to maintain an accurate Oil Record Book, a crucial log detailing the disposal of oil and waste products from the ship. Instead of properly disposing of waste through approved methods, Avaz directed crew members to discharge oily waste directly into the sea after transferring it to a ballast water tank. This practice bypassed the vessel’s pollution prevention equipment, violating both international maritime law and U.S. federal regulations.

The deception came to light following a complaint filed by concerned crew members. On October 21, 2009, the U.S. Coast Guard conducted a thorough inspection of the M/V Avenue Star while docked at the Port of Tampa. The inspection revealed the presence of oil within the ballast water tank and uncovered hoses specifically used to circumvent the ship’s pollution control systems. This evidence directly contradicted the ship’s official Oil Record Book.

Avaz pleaded guilty on August 3, 2010, to one count of violating the Act to Prevent Pollution from Ships, specifically 33 U.S.C. 1908(a). The statute makes it illegal to discharge oil or oily mixtures into U.S. navigable waters. While he faced a maximum sentence of six years in federal prison, Avaz received a five-year probationary sentence during a hearing on September 7, 2010. No fine was imposed. A fellow engineer, Yavuz Mogultay, received a similar sentence of 60 months probation in August 2010 for his involvement.

Investigation and Prosecution

The case was a joint effort between the U.S. Coast Guard and the Environmental Protection Agency (EPA). Kenneth E. Nelson, a Trial Attorney with the Department of Justice Environmental Crimes Section, and Assistant U.S. Attorney Jay Hoffer of the Middle District of Florida, led the prosecution. The collaborative investigation highlights the increasing scrutiny of maritime operations and the commitment of federal agencies to enforce environmental regulations.

Key Facts

• Defendant: Gunduz Avaz, Turkish Citizen
• Vessel: M/V Avenue Star
• Crime: Illegal dumping of oily waste and falsification of ship logs
• Location: Transit from Honduras to Tampa, Florida; Port of Tampa inspection
• Date of Offense: October 21, 2009
• Statute Violated: 33 U.S.C. 1908(a) – Act to Prevent Pollution from Ships
• Penalty: Five years of probation
• Reporting Source: Crew Member Complaint

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

Source: EPA ECHO Enforcement Case Database

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