Schlussel Reederei KG, Oil Pollution, Hawaii 2004

Honolulu, HI – German shipping company Schlussel Reederei KG was sentenced in December 2004 after admitting to deliberately circumventing pollution control measures and illegally discharging oil into the ocean off the coast of Hawaii. The case, brought by the Environmental Protection Agency (EPA) and investigated by federal authorities, revealed a calculated effort to bypass established environmental safeguards in pursuit of cost savings.

According to court documents, the company installed a concealed bypass pipe on one of its vessels. This illicit modification allowed oily waste water, which should have been processed by the ship’s oil water separator, to be directly released into the Pacific Ocean. The oil water separator is a crucial component in preventing harmful pollutants from entering marine ecosystems. By disabling its proper function, Schlussel Reederei KG knowingly violated federal environmental regulations.

The scheme was uncovered during a routine inspection. Investigators found evidence of the bypass pipe and discrepancies in the vessel’s Oil Record Book, a legally required log documenting the disposal of oil and oily mixtures. The falsified records were presented to authorities as proof of compliance, but ultimately proved to be a deliberate attempt to conceal the illegal discharges. This deception formed the basis of the criminal charges.

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Legal Ramifications

Schlussel Reederei KG was charged with one count of making a false writing or document, a violation of 18 U.S.C. § 1001, and one count of failing to maintain an accurate Oil Record Book, a violation of 33 U.S.C. § 1908. The company entered a guilty plea to both charges on December 21, 2004. The sentence handed down by the court included 24 months of probation, a $400 special assessment fee, and a substantial $750,000 federal fine.

A significant portion of the fine – $250,000 – was earmarked for community service projects specifically designed to benefit, preserve, and restore the fragile coastal ecosystems of Hawaii. This allocation reflects the severity of the environmental damage caused by the illegal discharges and a commitment to remediation. The EPA has increasingly focused on ensuring that penalties for environmental crimes are used to directly address the harm inflicted on affected communities.

Key Facts

Defendant: Schlussel Reederei KG
Location: Hawaii coastline
Year of Offense: 2004
Crime: Illegal discharge of oil into the ocean and falsification of records.
Statutes Violated: 18 U.S.C. § 1001, 33 U.S.C. § 1908
Penalty: 24 months probation, $400 assessment, $750,000 fine ($250,000 for environmental restoration)
Method: Installation of a bypass pipe to circumvent the oil water separator.

This case serves as a stark reminder that environmental crimes carry significant legal and financial consequences. The EPA continues to aggressively pursue companies that prioritize profits over environmental protection, ensuring accountability for those who endanger our oceans and ecosystems. The investigation highlights the importance of vigilant monitoring and enforcement of maritime regulations to safeguard Hawaii’s vulnerable marine environment.

Source: EPA ECHO Enforcement Case Database

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