Legal

First Engineer of ‘Zao Galaxy’ faces fine, jail term for abetting oily waste discharge

Dela Cruz was charged with abetting crew members to illegally dump oily bilge water while submitting bogus paperwork to the authorities as a cover up.

Published

4 years ago

April 23, 2021

Admin

The U.S. Department of Justice (DoJ) on Tuesday (20 April) said a federal jury convicted a Unix Line PTE Ltd First Engineer of aiding and abetting an environmental crime and obstruction of justice in connection with the intentional dumping oily bilge water from a commercial tanker in February of 2019.

“The crew members of the Zao Galaxy dumped oily bilge water into the ocean and then tried to cover up the environmental damage by submitting bogus paperwork to the United States Coast Guard,” said U.S. District Judge Jon S. Tigar.

“As First Assistant Engineer of an ocean-going commercial tankship, Gilbert Dela Cruz was charged with ensuring the crew would follow the rules, not try to circumvent them. This verdict will serve as a reminder that there are stiff penalties for those who try to violate federal and international rules designed to protect our precious natural resources from polluters.”

The DoJ said in January 2019, Dela Cruz, was the First Engineer of the M/T Zao Galaxy, a 16,408 gross-ton, ocean-going oil tankship operated by Unix Line Pte Ltd when it traveled from the Philippines to Richmond, California.

On February 11, 2019, United States Coast Guard examiners boarded the Zao Galaxy while it was moored in Richmond to conduct an examination.

During the examination, a crewmember passed a note to an examiner requesting a meeting after the inspection so that the crewmember could “tell something” about a “magic pipe” and “damage [to the] marine environment.”

After the inspection and a follow-up investigation, the DoJ reported that Unix ultimately admitted a ship officer directed crew members to discharge oily bilge water overboard, using a configuration of drums, flexible pipes, and flanges to bypass the vessel’s oil water separator.

On February 26, 2020, the company admitted the discharges were done knowingly and that they were not recorded in the vessel’s oil record book when it was presented to the U.S. Coast Guard during the vessel’s inspection.

On March 20, 2020, Judge Tigar sentenced Unix to pay a fine of USD 1,650,000.00, placed Unix on probation for a period of four years, and ordered the company to implement a comprehensive Environmental Compliance Plan as a special condition of probation.

Notwithstanding these admissions, Dela Cruz denied responsibility for the environmental crimes and went to trial.

In finding Dela Cruz guilty, the jury concluded Dela Cruz aided and abetted a violation of the Act to Prevent Pollution from Ships by causing the captain of the Zao Galaxy to maintain an inaccurate oil record book and that he also committed obstruction of justice.

According to the evidence presented at trial, in preparation for a Coast Guard inspection in Richmond, California, Dela Cruz ordered a lower level employee who worked as his assistant to dump oily waste from the ship’s engine room directly into the ocean using a “magic pipe.”

Dela Cruz then worked to conceal the dumping by not recording the movement or discharge of oily waste in the ship’s oil record book, which he was responsible for.

Dela Cruz ordered that certain pieces of equipment be repainted and the “magic pipe” be hidden to avoid Coast Guard detection. During the Coast Guard’s inspection, Dela Cruz told his assistant who had dumped the oily waste overboard not to throw him “under the bus” and that they needed to get their stories straight for the Coast Guard.

A federal grand jury indicted Dela Cruz on October 24, 2019, charging him with one count of violating the Act to Prevent Pollution from Ships, one count of obstruction of justice, and one count of obstruction of an agency proceeding.

The jury found Dela Cruz guilty of all three counts. Dela Cruz currently faces a maximum of six years’ imprisonment and USD 250,000 for and three years of supervised release for the pollution count, 20 years’ imprisonment and USD250,000 for the obstruction of justice count, and five years of imprisonment and USD 250,000 for the obstruction of the agency proceedings count.

Judge Tigar ordered Dela Cruz released on bond pending sentencing and scheduled the sentencing for June 11, 2021, at 9:30 a.m.

Photo credit: Marine Traffic / M.L.Jacobs
Published: 23 April, 2021

Winding up

Singapore: Liquidator of Vanda Marine Services issues notice of dividend

First and final dividend of company is payable from 23 January at Rock Stevenson Pte Ltd, 8 Burn Road, Trivex #16-12, Singapore 369977, according to Government Gazette notice.

Published

3 hours ago

January 23, 2025

Admin

A notice was published in the Government Gazette on Thursday (22 January) regarding the first and final dividend to creditors of Vanda Marine Services Pte Ltd.

The following are details of the notice of dividend of the company:

Name of Company : Vanda Marine Services Pte Ltd(In Creditors’ Voluntary Liquidation)

Unique Entity No. / Registration No. : 201209660C

Address of Registered Office : 8 Burn Road, Trivex #16-12, Singapore 369977

Amount per centum : 23 per centum of all admitted ordinary claims

First and Final or otherwise : First and Final

When payable : 23 January 2025 onwards

Where payable : c/o Rock Stevenson Pte Ltd, 8 Burn Road, Trivex #16-12, Singapore 369977

Manifold Times previously reported several resolutions for Vanda Marine Services, including winding up the company voluntarily, were passed during an extraordinary meeting in March last year.

Photo credit: steve pb from Pixabay
Published: 23 January, 2025

Bunker Fuel

MPA: Sentek Marine & Trading bunkering licenses to expire on 3 February

Sentek will cease to be licensed from 3 February 2025 at 4pm and must not continue to operate as a bunker supplier and bunker craft operator within the Singapore Port, says MPA.

Published

2 days ago

January 21, 2025

Admin

The Maritime and Port Authority of Singapore (MPA) on Monday (20 January) said the bunker supplier and bunker craft operator licences of Sentek Marine & Trading Pte Ltd (Sentek) will expire at 4pm on 3 February 2025.

“From 3 February 2025, 4pm, Sentek Marine & Trading Pte Ltd will cease to be licensed and must not continue to operate as a bunker supplier and/or bunker craft operator within the Singapore Port,” MPA said in Port Marine Circular No 2 of 2025.

On 4 September 2024, MPA initially said it would not be renewing the bunkering licences of Sentek, which would expire on 17 September and the company would cease to be licensed on and from 18 September.

However, later, MPA announced it has extended the bunkering licences of Sentek for a limited amount of time, “pending the final disposal of the appeals” by the company.

In late August last year, Manifold Times reported the General Division of the High Court dismissing an application from Sentek to quash MPA’s refusal to renew its bunker supplier and bunker craft operator licenses.

At the time, a Sentek representative told Manifold Times it was planning to appeal the High Court decision.

MPA also reminded all bunker licensees, including bunker suppliers and bunker craft operators, to comply strictly with all the terms and conditions of the respective bunker licence(s).

“MPA will not hesitate to take firm action against any licensee that contravenes any of its bunker licence terms and conditions, including taking into account such contraventions in considering whether to renew the bunker licence(s), suspending or cancelling the bunker licence(s), and/or taking enforcement action against any such bunker licensee,” it said.

Photo credit: Manifold Times
Published: 21 January, 2025

Winding up

Singapore: Sasa Shipping Co Pte Ltd to be wound up voluntarily

Creditors of the company are required on or before 18 February 2025 to send in their names and address with particulars to firm’s liquidator at 60 Paya Lebar Road, #04-51, Paya Lebar Square, Singapore 409051.

Published

3 days ago

January 20, 2025

Admin

Several resolutions for Sasa Shipping Co Pte Ltd were made during an extraordinary meeting held on 15 January, according to a notice in the Government Gazette on Friday (17 January).

The meeting was held at 28 Biopolis Road, Wilmar International, Singapore 138568 at 11am.

The duly passed resolutions were:

Special Resolution

That the Company be wound up voluntarily pursuant to Section 160 (1)(b) of the Insolvency, Restructuring and Dissolution Act 2018.

Ordinary Resolutions

That Mr. Liew Khee Soon of 60 Paya Lebar Road, #04-51, Paya Lebar Square, Singapore 409051 be and is hereby appointed as Liquidator of the Company for the purpose of such winding-up.
That the Liquidator be indemnified by the Company against all costs, charges, losses, expenses and liabilities incurred or sustained by him in the execution and discharge of his duties in connection with the winding-up.

In another notice, it was stated that creditors of the company are required on or before 18 February 2025 to send in their names and address with particulars (if any) to the liquidator at 60 Paya Lebar Road, #04-51, Paya Lebar Square, Singapore 409051 and if so required by notice in writing from the said Liquidator, are to come in and prove their debts or claims at such time and place as shall be specified in the notice or in default will be excluded from the benefit of any distribution made before such debts or claims are proved.

Photo credit: Benjamin Child
Published: 20 January, 2025