New Orleans, LA – Odysea Carriers, S.A., a shipping company, has been sentenced to probation and hefty fines for illegally dumping oil waste into the Gulf of Mexico and then attempting to cover up the crime. The case, investigated by the Environmental Protection Agency (EPA) and brought to court in 2012, reveals a deliberate effort to bypass environmental regulations and falsify records.
The investigation centered around the M/V Polyneos, a 37,623 gross ton bulk carrier operated by Odysea. Evidence presented in court showed that from at least June 8, 2011, engine room crew members aboard the Polyneos were routinely pumping the contents of bilge, bilge oil, and sludge tanks directly into the ocean while docked at the Port of New Orleans on October 12, 2011. This practice flagrantly violates both domestic and international maritime pollution laws.
Cover-Up Detailed in Court
The scheme didn’t stop at the illegal dumping. Pedro Guerrero, the Polyneos’ chief engineer, actively worked to conceal the discharges by manipulating the vessel’s oil record book – a legally required log of all oil-related transactions. Guerrero falsified entries, claiming that the waste had been properly incinerated when, in reality, it had been dumped overboard. This attempt to deceive Coast Guard authorities was a central component of the prosecution’s case.
Legal Ramifications & Penalties
Odysea Carriers was formally charged on February 14, 2012, 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 faced separate charges on February 15, 2012, specifically for making and using a false document. The company ultimately pled guilty to all charges on March 8, 2012.
Sentencing and Compliance Measures
On May 2, 2012, Guerrero was sentenced to 36 months of probation and ordered to pay a $2,000 fine. Odysea Carriers received a harsher penalty, sentenced to 36 months probation and a substantial $1.2 million in fines on July 25, 2012. A significant portion of the fine – $100,000 – was designated as a community service payment to the National Fish and Wildlife Foundation for projects in Louisiana. Furthermore, Odysea is now mandated to implement a comprehensive Environmental Compliance Plan, ensuring adherence to maritime environmental rules across its fleet. An independent monitor will oversee their progress and report findings to the court throughout the probationary period.
Key Facts
- Defendant: Odysea Carriers, S.A.
- Crime: Illegal dumping of oil waste and falsification of records
- Location: Gulf of Mexico, 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: $1.2 million in fines (Odysea), 36 months probation & $2,000 fine (Guerrero)
- Additional Measures: Environmental Compliance Plan, Independent Monitoring
This case serves as a stark reminder of the EPA’s commitment to prosecuting environmental crimes, particularly those involving deliberate pollution of our waterways. The penalties levied against Odysea Carriers and Guerrero underscore the seriousness with which these offenses are viewed and the importance of adhering to stringent maritime environmental regulations.
Source: EPA ECHO Enforcement Case Database
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