US$2.3M fine for inoperable inert gas system and dumping oily waste

The following day, the USCG measured the oxygen levels within the vessel’s cargo tanks and found levels ranged between 15% and 17%, above the maximum allowable 8%. The USCG then ordered the vessel to be moved further offshore so as to not endanger the port of Newport, Rhode Island.

A logbook had been created that indicated the cargo tanks were at safe oxygen levels when the vessel left the Netherlands and remained at safe levels during the majority of the vessel’s transit of the Atlantic Ocean, but the crew had not taken any readings of the oxygen levels in the cargo tanks during the vessel’s voyage. 

Capt Porquez had tasked the vessel’s chief officer with creating this fraudulent logbook that was then presented to the USCG during its inspection.

In addition, on three separate occasions between November 2021 and February 2022, chief engineer Roberto Cayabyab Penaflor ordered crew members working for him in the engineroom to discharge approximately 36,000 litres of oily bilge water from the vessel’s bilge holding tank directly into the ocean using the vessel’s emergency fire pump, bypassing the vessel’s required pollution prevention equipment.

In preparation for the USCG inspection of Galissas, Mr Penaflor instructed crew members on several occasions to not tell the USCG about bypassing the pollution prevention equipment and the resulting illegal discharges.

In May 2023, Zues pleaded guilty to maintaining false and incomplete records relating to the discharge of oily bilge and for failing to report a hazardous condition on board Galissas.

Mr Penaflor and Capt Porquez pleaded guilty for their roles in those crimes.

“This prosecution demonstrates our commitment to ensuring the health and safety of the marine environment, and to safeguarding coastal communities against hazardous conditions,” said assistant attorney general Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to work with our partner agencies to ensure those who pollute and endanger our coastal communities are held fully accountable.”

US attorney Zachary A Cunha for the District of Rhode Island said, “In this case, a foreign company decided it could ignore its obligation under American law, putting our waters and coastal communities at risk.”

“This case demonstrates the US government’s resolve to ensure the safety of life at sea and protect our ports from rogue and negligent actors,” said Rear Admiral John Mauger, Commander of the First Coast Guard District.

Zeus and chief engineer Penaflor each pleaded guilty to a felony violation of the Act to Prevent Pollution from Ships for failing to accurately maintain the oil record book for Galissas. Zeus and Captain Porquez also pleaded guilty to a felony violation of the Ports and Waterways Safety Act for failing to report the vessel’s hazardous condition to the USCG.

Under the terms of the plea agreement Zeus will pay US$2.25M, consisting of a fine of US$1,687,500 and a community service payment of US$562,500. The community service payment will go to the National Fish and Wildlife Foundation to fund projects to benefit marine and coastal natural resources located in the State of Rhode Island.

Additionally, Zeus will serve a four-year term of probation, during which any vessels operated by the company calling on US ports will be required to implement a robust environmental compliance plan.

Galissas’ captain and chief engineer were also sentenced to terms of probation.

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