DRD Towing, Environmental Crime, LA 2011
A series of legal actions stemming from a 2008 collision on the Mississippi River culminated in penalties for multiple individuals and the DRD Towing company, revealing a pattern of negligence and deliberate obstruction of justice. The incident, involving the tugboat M/V Mel Oliver and the tanker M/V Tintomara, resulted in the release of approximately 282,828 gallons of fuel oil into the river and triggered a comprehensive investigation by the U.S. Environmental Protection Agency (EPA) and the U.S. Coast Guard Criminal Investigative Service.
The core of the issue centered around systemic safety violations by DRD Towing. The company was found to have routinely operated vessels with underqualified or unlicensed personnel, prioritizing cost savings over adherence to maritime regulations. Captain Terry Carver was sentenced to three years of probation for leaving the M/V Mel Oliver under the control of an unlicensed pilot on July 20, 2008, a clear violation of the Ports and Waterways Safety Act. This reckless decision directly contributed to the circumstances leading to the collision. Furthermore, DRD Towing itself received a two-year probation period and a $200,000 fine for these ongoing safety lapses and the subsequent oil spill, demonstrating a pattern of disregard for both environmental protection and the well-being of maritime workers.
Adding another layer to the case was the deliberate attempt to conceal evidence by Randall Dantin, co-owner of DRD Towing. Dantin pleaded guilty to obstruction of justice for deleting “electronic payroll sheets” from a company laptop. These records were deemed crucial to the Coast Guard’s investigation into the staffing and licensing of the M/V Mel Oliver’s crew. Dantin received a 21-month prison sentence and a $50,000 fine, underscoring the severity with which the Justice Department views attempts to impede investigations into environmental and safety violations.
The individual at the helm during the collision, John Bavaret, an apprentice-mate, also faced consequences. Bavaret admitted to steering the M/V Mel Oliver without a properly licensed captain present, a direct violation of maritime law. He was sentenced to six months imprisonment, followed by six months of home detention, and a $125 special assessment. His actions, facilitated by DRD Towing’s negligence, directly caused the collision and the subsequent environmental damage. The prosecution highlighted that Bavaret’s license only permitted him to operate the vessel *under the direct supervision* of a licensed captain.
Key Facts
- Laws Violated: Ports and Waterways Safety Act, Clean Water Act, Obstruction of Justice
- Penalties: Fines ranging from $50,000 to $200,000; Imprisonment ranging from 6 months to 21 months; Probation ranging from 3 to 36 months.
- Environmental Impact: Approximately 282,828 gallons of fuel oil released into the Mississippi River.
- Defendants: DRD Towing (company), Terry Carver (Captain), Randall Dantin (Co-owner), John Bavaret (Ship Mate)
- Investigation Agencies: U.S. Environmental Protection Agency (EPA), U.S. Coast Guard Criminal Investigative Service
Rear Admiral Roy A. Nash of the U.S. Coast Guard emphasized the agency’s commitment to upholding maritime safety standards, stating that the case “demonstrates our resolve to protect our waterways and the lives of those who sail upon them.” The multi-faceted prosecution serves as a stark warning to maritime companies and individuals: prioritizing profit over safety and attempting to cover up wrongdoing will be met with swift and decisive legal action. The case highlights the critical importance of proper licensing, adequate staffing, and transparent record-keeping within the maritime industry.
Assistant U.S. Attorneys Dorothy Manning Taylor and Matthew Chester played a pivotal role in securing convictions across all levels of the case, demonstrating a concerted effort to address the systemic issues within DRD Towing and ensure accountability for the environmental damage and safety violations that occurred. The prolonged legal battle underscores the complex challenges faced by regulatory agencies in holding companies accountable for negligence and criminal behavior in the often-unseen world of maritime operations.
Source: EPA ECHO Enforcement Case Database
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