TWO Greece-based shipping companies were sentenced to pay a combined $4.5m for violations of US pollution laws, the Department of Justice said on Monday.

Avin International and Kriti Ruby Special Maritime Enterprise, which are the operators and registered owners, respectively, of the 2008-built combined oil and chemical tanker Kriti Ruby (IMO: 9391282), were sentenced on Monday after pleading guilty in the District of New Jersey to violating the Act to Prevent Pollution from Ships (APPS), falsification of records, and obstruction of proceedings.

In addition, the companies also pled guilty in the Middle District of Florida to violating APPS.

The two companies will pay a $3.375m criminal fine and a $1.125m community service payment to the National Fish and Wildlife Foundation, according to the statement.

Kriti Ruby’s former chief engineer was sentenced to time served and a $5,000 fine after pleading guilty in May to two counts of violating APPS. The second engineer was sentenced to time served after pleading guilty to one count of violating APPS.

In an emailed statement to Lloyd’s List, Avin said the investigation found the two engineers hid their wrongdoing from the company. 

“On December 23rd, Avin agreed on the company’s vicarious liability under US law, for the misconduct of two crew members. The misconduct, which occurred more than two years ago, involved violations of the Act to Prevent Pollution from Ships for a failure to maintain an accurate Oil Record Book aboard its vessel Kriti Ruby and for obstructing the government’s investigation.”

“After a lengthy investigation, it was determined that the crew members who were responsible for the violation had concealed their wrongdoing from the company, and neither the Master nor any shoreside personnel directed or were aware of the misconduct.

“The company has paid the fine and community service payment that was imposed by the court and will comply fully with the terms of the environmental compliance plan required as a condition of probation.”

The violations took place during port calls in May 2022 to Jacksonville, Florida, and September 2022 to Port Newark, New Jersey, according to the DOJ.

“On multiple occasions between May and September 2022, crew members discharged oily waste into the sea via the ship’s sewage system, bypassing required pollution prevention equipment,” the DOJ said.

“They did not, as required, record these discharges in the vessel’s oil record book. To make it difficult for the US Coast Guard to discover, crew members concealed most of the pumps and hoses used to conduct the bypass operations in a sealed void space called a ‘cofferdam’.”

APPS is the US’ implementation of the Marpol treaty. Knowingly failing to maintain an accurate record book is a violation of APPS.

The chief engineer admitted as part of his plea deal to falsifying the vessel’s oil record book and acknowledged that the crew “had knowingly bypassed required pollution prevention equipment by discharging oily waste from the vessel’s engine room through its sewage system into the sea”. He also admitted that directed the crew to hide the equipment used in the illicit bypass.

The second engineer “admitted to causing a false oil record book to be presented to the USCG during its inspection of the Kriti Ruby”.

“He also admitted to directing crew members to hide equipment used to conduct transfers from the bilge wells to the sewage tank before the USCG’s inspection,” the DOJ said.

The two companies were also sentenced to a five-year probation period during which they will be subject to “environmental compliance plans with a monitorship to ensure future compliance”, the DOJ said.

This story has been updated with Avin’s statement.