Two Greek shipping companies and ship engineers were sentenced Dec. 23 for violating U.S. pollution law with the illegal transfer and discharge of oily bilge water from a tanker during 2022 port calls in Florida and New Jersey, according to the U.S. Department of Justice.
The violations occurred on the 600’x105’, 29,857 gwt motor tanker Kriti Ruby in May and September 2022 at Jacksonville, Fla., and the Sewaren Terminal near the port of Newark, N.J., respectively.
The shipping companies, Avin International Ltd. and Kriti Ruby Special Maritime Enterprises had pleaded guilty and were for violating the Act to Prevent Pollution from Ships (APPS), falsifying records and obstruction of justice. Government prosecutors charged Kriti Ruby crew members presented false records to the Coast Guard to conceal illegal transfers and discharges of oily bilge water from the vessel.
The companies were ordered to pay a criminal fine of $3.37 million and a $1.12 million community service payment to the National Fish and Wildlife Foundation. Both companies were also sentenced to serve five-year terms of probation during which they will be subject to environmental compliance plans with a monitorship to ensure future compliance.
The Kriti Ruby’s former chief engineer, Konstantinos Atsalis, was sentenced to time served and a $5,000 fine after previously pleading guilty to charges related to the discharge of oily waste into the sea — including concealing the pollution by falsifying records — from the Kriti Ruby near the petroleum terminal in Sewaren, N.J. on the Arthur Kill waterway. Second engineer Sonny Bosito was sentenced to time served for concealing pollution by falsifying records.
As part of his guilty plea, Atsalis admitted to falsifying the vessel’s oil record book and that the vessel’s crew had knowingly bypassed required pollution prevention equipment by discharging oily waste from the vessel’s engine room, through its sewage system and into the sea – an illegal practice sometimes colloquially known as the “magic pipe” among mariners and Coast Guard investigators.
Atsalis also admitted that he directed crew members to hide equipment that was used to transfer oily waste from the engine room.
Bosito admitted to causing a false oil record book to be presented to Coast Guard officials during their inspection of the Kriti Ruby. He also admitted to directing crew members to hide equipment used to conduct transfers from the bilge wells to the sewage tank before the Coast Guard inspection.
Crew members concealed most of the pumps and hoses used to conduct the bypass operations in a sealed void space, according to a summary by prosecutors.
“Prioritizing profits over the environment by discharging oily waste into the sea and working to cover up that pollution is illegal,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We are committed to enforcing the law and fighting against maritime pollution.”
“Maritime pollution is extremely harmful to the environment, and so difficult to detect, especially when the polluters take elaborate steps to falsify records to conceal their crimes,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Law protecting our seas exist for a reason, and we will work together with our enforcement partners to ensure they are followed, and violators are punished.”
“Today’s plea demonstrates our unwavering commitment, in partnership with the Environmental Crimes Section and the U.S. Attorney’s Office, to ensuring compliance of critical domestic oil pollution laws and holding violators of these laws accountable,” said Rear Admiral Michael E. Platt, Commander of USCG’s First District. “Please assist the Coast Guard in these vital efforts by promptly reporting any suspicions of similar illegal activity onboard vessels directly to the Coast Guard Investigative Service.”
Senior Trial Attorney Kenneth E. Nelson and Trial Attorney Lauren D. Steele of ENRD’s Environmental Crimes Section, Assistant U.S. Attorneys Joseph Stern and Kathleen P. O’Leary for the District of New Jersey and Special Assistant U.S. Attorney Katherine E. Ward for the District of New Jersey prosecuted the case.
