New York, NY – Shipping company Turismo Nautico Del Mar De Cortes was sentenced last week following a U.S. Coast Guard inspection that revealed deliberate attempts to circumvent environmental regulations. The case, brought forth by the Environmental Protection Agency (EPA), highlights a concerning pattern of illegal pollution practices within the maritime industry.
On January 26, 2005, the company pleaded guilty to a single count of violating the Maritime Pollution Prevention (MARPOL) protocol, specifically 33 U.S.C. 1908. The violation came to light after Coast Guard personnel boarded the MV Topaz, a vessel operated by Turismo Nautico Del Mar De Cortes. During the inspection, authorities discovered a sophisticated and intentionally installed bypass pipe designed to bypass the ship’s Oil Water Separator (OWS).
Investigators determined the bypass was integrated into the vessel’s hard pipe system, directly connecting to the bilge pipe and an overhead discharge point. This configuration allowed the ship to illegally discharge oily waste directly into the ocean, circumventing the OWS which is designed to filter out oil and prevent pollution. Crucially, testing revealed the OWS itself was non-functional, with the oil content meter/sensor failing to operate as intended.
The installation of the bypass pipe wasn’t a simple oversight; it was a deliberate act intended to conceal the illegal dumping of oil-contaminated bilge water. The EPA’s criminal enforcement division argued that Turismo Nautico Del Mar De Cortes knowingly maintained the bypass system, demonstrating a clear disregard for environmental regulations and a willingness to prioritize profit over responsible maritime practices. This case underscores the importance of diligent Coast Guard inspections and robust enforcement of international maritime laws.
Penalties and Restrictions
On January 27, 2005, the court imposed a sentence of 36 months probation on Turismo Nautico Del Mar De Cortes. In addition to probation, the company was ordered to pay a $400 special assessment fee and a substantial $100,000 federal fine. Perhaps most significantly, the court stipulated that Turismo Nautico Del Mar De Cortes is prohibited from operating any motor vessel of 10,000 gross tons or more within the waters of the United States for the duration of their probationary period.
Key Facts
- Defendant: Turismo Nautico Del Mar De Cortes
- Crime: Violation of MARPOL Protocol (33 U.S.C. 1908) – Illegal discharge of oily waste.
- Location: New York, USA (vessel operating within U.S. waters)
- Date of Plea: January 26, 2005
- Sentence: 36 months probation, $100,000 fine, $400 assessment fee.
- Operating Restriction: Prohibited from operating vessels over 10,000 gross tons in U.S. waters during probation.
- Evidence: Discovery of a bypass pipe connected to the vessel’s bilge and overhead discharge, bypassing the OWS. The OWS was also found to be non-functional.
The EPA continues to prioritize enforcement of MARPOL and other environmental regulations to protect our oceans and waterways. This case serves as a warning to other maritime operators that intentional pollution will be prosecuted to the fullest extent of the law.
Source: EPA ECHO Enforcement Case Database
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