A federal grand jury in Lafayette, Louisiana, has returned a
three-count indictment charging Det Stavangerske Dampskibsselskab AS (DSD
Shipping) and four employees with violating the Act to Prevent Pollution from
Ships (APPS) and obstruction of justice in connection with the illegal
discharge of contaminated waste-water directly into the sea, announced
Assistant Attorney General John C. Cruden for the Department of Justice’s
Environment and Natural Resources Division and U.S. Attorney Stephanie A.
Finley for the Western District of Louisiana.
DSD Shipping is a Norwegian-based shipping company that operates the oil
tanker M/T Stavanger Blossom, a vessel engaged in the international
transportation of crude oil. Also
indicted were four engineering officers employed by DSD Shipping to work aboard
the vessel: Daniel Paul Dancu, 51, of Romania; Bo Gao, 49, of China; Xiaobing
Chen, 34, of China; and Xin Zhong, 28, of China.
The operation of marine vessels, like the M/T Stavanger
Blossom, generates large quantities of waste oil and oil-contaminated waste
water. International and U.S. law
requires that these vessels use pollution prevention equipment to preclude the
discharge of these materials. Should any
overboard discharges occur, they must be documented in an oil record book, a
log that is regularly inspected by the U.S. Coast Guard.
“Companies operating vessels in navigable waterways have a
responsibility to prevent oil spills and protect the public and the
environment,” said U.S. Attorney Finley.
“One of our priorities is to help preserve the natural resources of this
state. Violators should be clear -
charges will be filed against entities and persons who harm these resources and
obstruct investigations.”
According to the indictment, in 2014, DSD Shipping and its
employees discharged oil-contaminated waste water generated aboard the M/T
Stavanger Blossom directly into the sea.
To hide the illegal discharges, DSD Shipping and its employees maintained
a fictitious oil record book that failed to record the disposal, transfer, or
overboard discharge of oil from the vessel.
The indictment further alleges that prior to an inspection by the U.S.
Coast Guard, Chen ordered crewmembers to remove piping connected to the
vessel’s overboard discharge valve, install new piping, and repaint the piping
to hinder an inspection by the U.S. Coast Guard.
DSD Shipping and the engineering officers were charged with
violating the APPS for failing to record overboard discharges in the vessel’s
oil record book and with obstruction of justice for presenting false documents
and deceiving the Coast Guard during an inspection in the Port of Lake
Charles. If convicted, DSD Shipping
could be fined up to $500,000 per count, in addition to other possible
penalties. Dancu, Gao, Chen and Zhong
face a maximum penalty of 20 years in prison for the obstruction of justice
charges. An indictment is merely a
formal charge that a defendant has committed a violation of criminal laws and every
defendant is presumed innocent until and unless proven guilty.
This is the second indictment arising from a joint,
multi-district investigation by the U.S. Coast Guard, Sector Mobile, U.S. Coast
Guard Investigative Services and the Criminal Investigation Division for the
Environmental Protection Agency. DSD
Shipping, Dancu, Gao, Chen and Zhong were previously indicted in the Southern
District of Alabama with a seven-count indictment charging related
conduct. Assistant U.S. Attorney Howard
Parker with the U.S. Attorney's Office for the Western District of Louisiana,
Assistant U.S. Attorney Mike Anderson with the U.S. Attorney’s Office for the
Southern District of Alabama and Trial Attorney Shane N. Waller Environmental
Crimes Section are prosecuting the case.
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