New Orleans, LA – Odysea Carriers, S.A., a shipping company, has been sentenced to probation and hefty fines following a criminal investigation into illegal dumping practices aboard one of its vessels, the M/V Polyneos. The case, brought by the Environmental Protection Agency (EPA) and investigated with the assistance of the U.S. Coast Guard, revealed a deliberate effort to bypass environmental regulations and conceal pollution from authorities.
The investigation focused on activities occurring aboard the 37,623 gross ton bulk carrier while docked at the Port of New Orleans in October 2011, and extending back to at least June 2011. Evidence presented in court demonstrated that engine room crew members routinely discharged the contents of the ship’s bilge, bilge oil, and sludge tanks directly into the ocean. This practice violates both domestic and international laws designed to protect marine environments.
Crucially, the company’s chief engineer, Pedro Guerrero, actively participated in a cover-up. Guerrero falsified the vessel’s oil record book – a legally required log of all oil discharges – to hide the illegal dumping. He fabricated entries claiming that oil waste and sludge were burned using an incinerator, despite no such burning taking place. This manipulation was a direct attempt to deceive Coast Guard inspectors and evade accountability.
Legal Ramifications & Sentencing
On February 14, 2012, Odysea was formally charged with one count of destruction, alteration, or falsification of records (18 U.S.C. 1519), one count of violating the Act to Prevent Pollution from Ships (APPS) – 33 U.S.C. 1908(a) – and one count of willful and knowing violation of the Clean Water Act (33 U.S.C. 1232(b)(1)). Guerrero was separately charged on February 15, 2012, with making and using a false document. Odysea ultimately pled guilty to all charges on March 8, 2012.
The sentencing, handed down on July 25, 2012, included a three-year probationary period for Odysea and a substantial financial penalty of $1.2 million. A portion of this fine – $100,000 – was designated as a community service payment to the National Fish and Wildlife Foundation, earmarked for environmental restoration projects within Louisiana. Guerrero received a sentence of 36 months probation and was ordered to pay a $2,000 fine. As part of the agreement, Odysea is also required to implement a comprehensive Environmental Compliance Plan and submit to monitoring during the probation period to ensure future adherence to maritime environmental rules.
Key Facts
- Defendant: Odysea Carriers, S.A.
- Crime: Illegal dumping of oil waste and falsification of records.
- Location: Port of New Orleans, Louisiana
- Year: 2012
- Statutes Violated: 18 U.S.C. 1519, 33 U.S.C. 1908(a), 33 U.S.C. 1232(b)(1)
- Penalties: Odysea – 36 months probation, $1.2M in fines; Guerrero – 36 months probation, $2,000 fine
- Restitution: $100,000 to National Fish and Wildlife Foundation for Louisiana projects.
The EPA’s continued focus on maritime enforcement underscores the agency’s commitment to protecting vulnerable waterways from pollution and holding companies accountable for environmental crimes. This case serves as a warning to all ship operators that falsifying records and illegally discharging pollutants will not be tolerated.
Source: EPA ECHO Enforcement Case Database
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