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Wednesday, June 22, 2011

Chief Engineer sentenced to 6 months prison and 2 years of supervised release in US “magic pipe” case - Vietfracht

Posted June 20, 2011 - Vietfrach

According to a news release from the United States Department of Justice, a Chief Engineer was sentenced yesterday in Maryland to six months in prison, followed by two years of supervised release, for obstructing a US Coast Guard (USCG) investigation into the illegal overboard discharge of oily waste that took place in May 2010 aboard a cargo ship at the Port of Baltimore.
The sentencing related to a case where a shipping company, in February 2011, was sentenced to pay a USD 2.4 million fine, and to serve three years probation, subject to an environmental compliance plan that includes audits by an independent third party auditor, as already reported in an earlier news piece.
At his plea hearing, the Chief Engineer admitted that from about March 2009 through 3 May 2010, he repeatedly ordered his subordinates to illegally pump oil-contaminated waste directly into the ocean, most commonly through the so-called “magic pipe”. However, during the investigation, he falsely denied having ordered anyone to pump oily waste overboard and falsified documents to hide these discharges from inspectors in ports visited by the cargo ship.
Every ship that enters the United States is required to have an accurate oil record book that records the ship’s operation related to oil, including the handling and disposal of oil contaminated waste. The Chief Engineer inter alia obstructed the investigation by presenting an oil record book to the USCG that was intentionally falsified to conceal the illegal overboard discharges of oil contaminated waste.
BIMCO is committed to informing its members about the rules in force regarding US environmental standards and oily water separators in order to ensure compliance and avoid deliberate discharges of oil-contaminated waste as well as the maintenance of inaccurate oil record books. Members are advised to seek guidance on visiting US ports and on US port state control inspections generally in BIMCO’s updated Guide to Port State Control Inspections.
A guide has also been produced in co-operation with the US Chamber of Shipping regarding the US Vessel General Permit (VGP). The purpose of the guide is to provide guidelines for the crew so that they avoid unnecessary problems in relation to the VPG when calling at US ports or entering US waters.
Members should also be aware of the USCG’s Voluntary Disclosure Policy, included as Appendix V in the US Coast Guard Maritime Enforcement Manual (MLEM), which encourages regulated entities to voluntarily discover, disclose, correct, and prevent violations of US Federal environmental requirements. Information about the policy is included in an earlier news piece.

http://www.vietfracht.com.vn/News_Detail.asp?ID=1792
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