AML Ship Management GMBH, a German company, and Nicolas Sassin, Chief Engineer of the car carrier City of Tokyo, have both been charged with knowingly dumping oil into United States’ waters off the coast of Alaska in August 2014 in violation of the Clean Water Act.
AML, which opoerates six similar vessels. and Chief Engineer Nicolas Sassin have also been charged in separate cases filed in the District of Oregon with violating the Act to Prevent Pollution from Ships, APPS, for knowingly creating and presenting false records to the US Coast Guard when it arrived in port in Portland, Oregon in September 2014. The Clean Water Act charges in Alaska and the APPS charges in Oregon are felony offenses.
Under the terms of a plea agreement filed in federal court, AML will plead guilty to the Clean Water Act and APPS charges, pay a total of $800,000 in fines and community service payments, implement a comprehensive Environmental Compliance Plan, and will be placed on probation for three years. Chief Engineer Sassin also signed a plea agreement filed in court agreeing to plead guilty to the Alaska and Oregon charges.
City of Tokyo operates under the flag of the Republic of Liberia. It was built in 1987, weighs approximately 42,247 gross tons, and is 603 feet long.
As the operator of the M/V City of Tokyo, AML was responsible for operating the Oil Water Separator, OWS, and maintaining an accurate Oil Record Book, ORB. As chief engineer, Nicolas Sassin was responsible for the pollution control equipment in the City of Tokyo’s engine room, including running the OWS and maintaining the ORB.
Federal charges allege that on or about 29th August, 2014, Chief Engineer Sassin knowingly discharged oily bilge water into the United States’ Exclusive Economic Zone off the coast of Alaska which may have affected natural resources belonging to, appertaining to, and under the exclusive management authority of the United States and in a quantity that may be harmful.
Specifically, AML admits that while the City of Tokyo was about 165 nautical miles south of the Aleutian Islands, specifically Sanak Island, Alaska, the chief engineer used an illegal pump system to discharge approximately 4,500 gallons of oily bilge water directly overboard. The illegal pump system consisted of a fabricated flanged fitting that connected the overboard discharge valve and pipe to a pneumatic Wilden pump. The pump’s suction was connected to a hose that was fed down the sounding tube for the bilge holding tank. The illegal pump system allowed the vessel’s crew to discharge oily bilge water from the bilge holding tank directly overboard without processing it through the required pollution prevention equipment. The overboard discharge created a sheen in the water off the stern of the vessel, and this was see by crewmembers aboard the M/V City of Tokyo. The illegal pump system was dismantled prior to the vessel’s arrival in Portland.
AML knowingly failed to maintain an accurate ORB as required by the Act to Prevent Pollution from Ships.
Chief Engineer Sassin and AML are also charged with failing to record this discharge of oil into the sea by way of the illegal pump system and overboard discharge valve in the City of Tokyo’s ORB, and with knowingly presenting the false and fictitious ORB to the U.S. Coast Guard available for inspection by the US Coast Guard when the City of Tokyo arrived in Portland, Oregon.
City of Tokyo was initially inspected and detained in Portland, Oregon by the US Coast Guard marine inspectors. These cases were investigated by the US Coast Guard Investigative Service and are being prosecuted jointly by the US Attorney’s Office for the District of Alaska, the US Attorney’s Office for the District of Oregon, and the Department of Justice’s Environmental Crimes Section.