Michael Brown, Negligently Discharging Oil, New Jersey 2016

NEWARK, N.J. – A former engineer at a towing vessel has admitted to negligently discharging oil into New Jersey’s Kill Van Kull, according to a guilty plea entered in federal court.

Michael Brown, 67, of Kingston, Tennessee, pleaded guilty to violating the Clean Water Act by negligently discharging marine diesel fuel oil while refueling his vessel at the International Matex Tank Terminal’s Mobil Pier in Bayonne, New Jersey, on Sept. 12, 2016.

According to documents filed in the case and statements made in court, Brown failed to exercise due care in conducting the transfer of fuel oil to the towing vessel, resulting in the discharge of hundreds of gallons of fuel oil into the Kill Van Kull.

Brown also admitted to failing to disclose that the origin of the spill was the towing vessel when questioned by the U.S. Coast Guard.

The Clean Water Act, as amended by the Oil Pollution Act of 1990, makes it a crime for a person to negligently discharge oil into or upon the navigable waters of the United States in such quantities as may be harmful.

Brown has agreed to pay a fine of $4,000 to the Oil Spill Liability Trust Fund as part of his plea agreement. The charge to which he pleaded guilty carries a maximum penalty of one year imprisonment and a maximum fine equal to the greatest of $100,000 or twice the gross gain or loss resulting from the offense.

Sentencing is scheduled for Feb. 7, 2023.

The U.S. Attorney’s Office credited the U.S. Coast Guard Investigative Service with leading the investigation that led to Brown’s guilty plea.

Brown’s guilty plea serves as a reminder of the importance of taking necessary precautions to prevent environmental disasters. The consequences of negligence can be severe, and it is essential for those in positions of responsibility to take proactive steps to prevent harm to the environment and the public.