Bong Seob Bag, Oil Pollution, Hawaii 2011

Honolulu, HI – A South Korean shipping company and two of its engineers have been convicted of multiple environmental crimes stemming from the illegal discharge of oily waste into the Pacific Ocean off the coast of Hawaii. Keoje Marine Co. Ltd., along with Chief Engineer Bong Seob Bag and First Assistant Engineer Dwintoro, pleaded guilty to charges including violations of the Clean Water Act, the Act to Prevent Pollution from Ships (MARPOL), and obstruction of justice.

The case, uncovered by a U.S. Coast Guard inspection following a tip from a crewmember, revealed a deliberate effort to bypass pollution control equipment on the M/T Keoje Tiger, a 4,228 gross ton oil tanker operating as a fuel supplier to fishing vessels in the South Pacific. From March to October 2011, crewmembers routinely discharged oily bilge waste directly into the ocean using a “magic hose” – a bypass connected to the engine room pumps that circumvented the vessel’s oil water separator. This illegal practice continued during a voyage ending in Honolulu on October 12, 2011.

Federal prosecutors detailed how the discharges were *not* recorded in the ship’s oil record book, a critical log required to document all oil handling operations. Bong Seob Bag, responsible for maintaining the oil record book, and Dwintoro, who directed the use of the bypass hose on numerous occasions, both knowingly falsified records to conceal the illegal dumping. The falsification constitutes a clear attempt to mislead authorities and evade environmental regulations.

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Legal Ramifications & Penalties

Keoje Marine Co. Ltd. was sentenced to three years of probation and ordered to pay a total of $1,150,000 in criminal fines and community service. $250,000 of the penalty will be directed to the National Fish and Wildlife Foundation for coral reef restoration projects in Hawaii. The company is also required to implement a comprehensive Environmental Compliance Plan, monitored by an independent party, to ensure future adherence to maritime environmental laws. Both Bag and Dwintoro received three years of probation and were banned from entering the United States.

The violations included Title 18 U.S. Criminal Code, specifically 18 U.S.C. 1519 for obstruction of justice; 33 U.S.C. 1908(a) for failing to maintain accurate oil records; 33 U.S.C. 1319(c)(2)(A) and 33 U.S.C. 1321(b)(3) for violations of the Clean Water Act; and 33 U.S.C. 1908(a) for violating the MARPOL Protocol – Prevention of Pollution from Ships. These laws aim to protect U.S. waters and marine life from the harmful effects of oil pollution.

Key Facts

Defendant: Keoje Marine Co. Ltd., Bong Seob Bag, Dwintoro
Crime: Oil pollution, falsifying records, obstruction of justice
Location: Pacific Ocean off Hawaii
Year: 2012
Method: Use of a “magic hose” to bypass oil water separators and discharge oily waste directly into the ocean.
Penalty: $1,150,000 in fines and community service, 3 years probation for company, ban from US for engineers.

“This case underscores our commitment to aggressively investigate and prosecute those who violate environmental laws and endanger our marine ecosystems,” stated Marshall Silverberg, Assistant U.S. Attorney for the District of Hawaii. The investigation was a joint effort between the U.S. Coast Guard and the Environmental Protection Agency, highlighting the importance of interagency cooperation in combating maritime pollution.

Source: EPA ECHO Enforcement Case Database

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