Page 26: of Maritime Reporter Magazine (May 2005)

For those shipping companies that still doubt the resolve of U.S. authorities to seek and financially punish those that illegally dump in waste from ships, pay heed to the recent fine agreed by Evergreen.

The United States Attorneys from five judi- cial districts with major ports announced crim- inal charges against Evergreen International,

S.A. (Evergreen). Under the terms of a plea agreement, Evergreen will pay $25 million, the largest-ever amount for a case involving delib- erate vessel pollution, and plead guilty to felony charges brought in Los Angeles;

Newark, NJ; Portland, OR; Seattle; and

Charleston, SC.

Evergreen pleaded guilty to 24 felony counts and one misdemeanor — five counts from each federal district involved in the case — for con- cealing the deliberate, illegal discharge of waste oil and for a negligent discharge in the

Columbia River. The charges include making false statements, obstruction of Coast Guard inspections, failing to maintain an accurate Oil

Record Book, and one negligent violation of the Clean Water Act relating to the discharge in the Columbia River. Following the guilty pleas, U.S. District Judge Terry J. Hatter, Jr. ordered the company to pay $25 million to be divided equally among the five judicial dis- tricts involved. Of this amount, $10 million will be directed to environmental community service projects in each district.

In May 2001, the U.S. Coast Guard discov- ered Evergreen was using bypass pipes aboard their ships to illegally discharge waste oil into the ocean without treating it in an oil-water separator.

The investigation of Evergreen ships and companies began on March 4, 2001 after the discovery of approximately 500 gallons of oil in the Columbia River near Kalama, Wash.

Through vessel traffic reports and oil samples, the U.S. Coast Guard traced the spill to the

Ever Group, a container vessel managed by

Evergreen Marine (Taiwan) Ltd., which had negligently discharged the oil. On May 14, 2001, the Washington State Department of

Ecology (WDOE) discovered a bypass pipe used by crew members on another Evergreen vessel, called the Ever Given, to illegally dis- charge waste oil into the ocean.

The violations on these two vessels led the

U.S. Coast Guard to conduct "Priority One" inspections of other vessels owned, operated, or affiliated with Evergreen in various United

States ports. The federal investigation was conducted with the assistance of the WDOE as well as the EPA's Criminal Investigations

Division and the Federal Bureau of

Investigation, and revealed that at least seven

Evergreen ships (Ever Group, Ever Given,

Ever Dainty, Ever Refine, Ever Gleeful, Ever

Laurel, and Ever Reward) regularly and rou- tinely used bypass equipment to discharge oily waste and sludge oil while circumventing required pollution prevention equipment and concealing the discharges in fictitious logs which it knew were inspected regularly by the

Coast Guard. In a factual statement filed by the court, Evergreen admitted that it knew the fictitious logs were regularly inspected by the

Coast Guard.

According to a detailed factual statement filed in court and which Evergreen has admit-

Marine Environment

The Heyerdahl Award 2005

Last month the Expert Committee announced a short list of two candidates for The Thor Heyerdahl International

Maritime Environmental Award. This year the awarding ceremony is scheduled to take place in Japan. The Heyerdahl

Award's Expert Committee, lead by

Terje Staalstrøm, have concluded a short list of two worthy candidates, who have demonstrated outstanding technical innovation and outstanding and proactive environmental policy and activities. Both candidates contribute to an improved global environment and to the development and implementation of new specific environmental measures. The candidates are:

Knutsen OAS Shipping - KVOC-system

The Norwegian company is operating the largest fleet of purpose- built DP (dynamic positioning) class shuttle tankers in the world and is nominated for their KVOC-system. The KVOC-system reduces

VOC-emissions during loading and transport of

VOC-containing car- goes by avoiding under- pressure during loading, thereby stabilizing the

VOC in the liquid cargo suppressing the flashing during loading. A pro- totype system was installed on a shuttle tanker in 2002 and fur- ther improved systems have been installed on four additional shuttle tankers of Knutsen OAS

Shipping.

NYK Line - Environmental focus and innovations

The Japanese company is nominated for their outstanding commit- ment to continuously improve its environmental performance beyond what is required by rules and regulations. This is clearly demonstrat- ed and communicated in their comprehensive Social &Environmental

Report, thus being a model and example for other major shipping companies. NYK is also actively participating in the development and implementation of a number of innovative technological solu- tions and operational procedures contributing to reducing the envi- ronmental impact of the operation of their fleet that go beyond regu- latory requirements.

The Thor Heyerdahl International

Maritime Environmental Award

The purpose of the Award is to contribute to an improvement of the global environment, announce the environmental benefits of shipping as a mode of transport, and to serve as an inspiration for implement- ing new, specific environmental measures. Dr. Thor Heyerdahl and the Norwegian Shipowners' Association launched the Thor Heyerdahl

International Maritime Environmental Award in June 1999. From

January 2003 the sponsorship behind the award was developed fur- ther, to include also the shipping classification society DNV and the household names in the marine insurance world, Skuld and Gard

Services.

Following 40 days of rebuilding at Remontova yard in Gdansk, Poland, the Siri Knutsen was converted into a shuttle tanker. The compa- ny's KVOC tank system concept installed dur- ing the rebuilding.

Evergreen Hit with $25M Pollution Penalty

Chief Warrant Officer Stan LeCain (left), a marine safety inspector from Marine Safety Office Mobile inspects ship documents with Petty Officer 3rd Class Ryan Mitchell, also an inspector from the MSO. The two conducted a fol- low-up examination aboard the motor vessel San Miguel Arcangel, a Panamanian cargo vessel detained in the

Theodore Ship Channel in Mobile for deficiencies. USCG photo by PA2 Chad Saylor 26 Maritime Reporter & Engineering News

MR MAY 2005 #4 (25-32).qxd 5/2/2005 7:01 PM Page 26