Two Greek shipping companies, Avin International LTD, and Nicos I.V. Special Maritime Enterprises, pleaded guilty yesterday in US court in Beaumont, to charges over several oil discharges in Texas waters by the oil tanker ‘Nicos I.V.’ The Master and the Chief Officer also pleaded guilty to making material false statements to members of the US Coast Guard during the investigation into the discharges.
Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Greek-flagged vessel. Both companies pleaded guilty to one count of obstruction of an agency proceeding, as well as one count of failure to report discharge of oil under the Clean Water Act, and three counts of negligent discharge of oil under the Clean Water Act.
Under the plea agreement, the companies will pay a $4 million criminal fine and serve a four-year term of probation, during which vessels operated by the companies will be required to implement an environmental compliance plan, including inspections by an independent auditor. The Master and the Chief Officer each pleaded guilty to one count of making a material false statement and face up to five years in prison when sentenced.
According to documents filed in court, at some point prior to 6 July 2017, the ballast system of the Nicos I.V. became contaminated with oil and that oil was discharged twice from the vessel into the Port of Houston on 6 and 7 July 2017, during deballasting operations.
Both Master, Rafail-Thomas Tsoumakos, and the vessel’s Chief Officer, Alexios Thomopoulos, were informed of the discharges of oil in Houston, but the Captain failed to report the discharges as required under the Clean Water Act, while no discharge was recorded in the vessel’s oil record book, as per MARPOL.
After leaving the Port of Houston bound for Port Arthur, Texas, the deck crew was instructed to open the ballast tanks, and oil was observed in several of the tanks. After arriving in Port Arthur, additional oil began bubbling up next to the vessel, causing a report to the USCG.
According to the court statement, during the ensuing investigation, the two men lied to the Coast Guard, stating, among other things, that they had not been aware of the oil in the ballast system until after the discharge in Port Arthur, and that they believed that the oil in the ballast tanks had entered them when the vessel took on ballast water in Port Arthur.
We take the violation of our environmental protection laws seriously. We expect shipping and oil companies to do the same. They can do terrible damage to our coastlines and wildlife, and we all have to make sure that does not happen,
…said US Attorney Joseph D. Brown.
The case was investigated by the USCG Investigative Service with assistance from the USCG Sector MSU Port Arthur, which conducted the inspection of the ship.
