Pacific and Atlantic Corp., Violating the Act to Prevent Pollution from Ships, Oregon 2005

Portland, OR – Athens-based shipping company Pacific and Atlantic Corp. has been sentenced following a federal investigation into falsified records aboard one of its bulk cargo carriers. The case, stemming from a routine inspection in January 2005, reveals a deliberate attempt to conceal potential pollution violations from regulatory oversight.

On January 4, 2005, the U.S. Coast Guard Marine Safety Office conducted a standard inspection of the 473-foot Motor Vessel John G. Lemos while docked at the Port of Portland. The Lemos, flagged in Cypress, immediately raised suspicions when inspectors discovered discrepancies in the ship’s Oil Record Book – a critical log detailing the disposal of oil and oily waste. A subsequent federal search and seizure warrant confirmed the records had been intentionally falsified.

According to court documents, the falsification of the Oil Record Book is a serious offense, designed to mislead authorities responsible for ensuring adherence to environmental regulations. Accurate record-keeping is paramount in verifying that vessels are implementing required pollution control practices, preventing the illegal discharge of harmful substances into waterways. The Columbia River Estuary, a sensitive ecological area, was potentially at risk.

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Legal Ramifications

Pacific and Atlantic Corp. was formally charged on January 19, 2005, with one felony count of violating the Act to Prevent Pollution from Ships (APPS). The company entered a guilty plea and, on the same day, received a sentence of 48 months probation. Beyond probation, the court levied a substantial $500,000 fine, with $250,000 specifically earmarked for the Columbia River Estuary Coastal Fund – a dedicated resource for environmental restoration and protection. The company was also mandated to establish a comprehensive environmental compliance program, extending to all ten vessels within its fleet, ensuring future adherence to maritime environmental laws.

The investigation didn’t stop with the corporation. Lebuna, an individual associated with the vessel, was also charged with one felony count of violating the APPS on January 24, 2005. Lebuna also pled guilty and was sentenced to 24 months probation, along with a $1,000 fine. Authorities have not released further details regarding Lebuna’s specific role in the falsification scheme.

Key Facts

Defendant: Pacific and Atlantic Corp.
Crime: Violation of the Act to Prevent Pollution from Ships (APPS) – Falsifying Oil Record Book
Location: Port of Portland, Oregon
Year: 2005
Penalty (Pacific and Atlantic): 48 months probation, $500,000 fine ($250,000 to Columbia River Estuary Coastal Fund), Environmental Compliance Program for entire fleet.
Penalty (Lebuna): 24 months probation, $1,000 fine.
Vessel: Motor Vessel John G. Lemos, 473-foot bulk cargo carrier flagged in Cypress

This case underscores the EPA’s commitment to vigorously enforcing maritime environmental regulations and holding accountable those who attempt to circumvent the law. The falsification of ship records not only poses a direct threat to the environment but also undermines the integrity of the entire maritime industry. GrimyTimes will continue to follow developments in maritime crime and environmental enforcement.

Source: EPA ECHO Enforcement Case Database

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