PROVIDENCE – The captain, chief engineer and Greek owner of an oil tanker that carried diesel from Rotterdam, Netherlands, to Rhode Island have each pleaded guilty to federal environmental crimes that occurred on the vessel both during its voyage and while in port, U.S. Attorney for the District of Rhode Island Zachary A. Cunha announced Thursday.
Zeus Lines Management S.A., owner/operator of the Gallissas, admitted to violating the Act to Prevent Pollution from Ships and the Ports and Waterways Safety Act. Jose Ervin Mahinge Porquez, captain of the ship and a resident of the Philippines, admitted to violating the Ports and Waterways Safety Act, while Roberto Cayabyab Penaflor, chief engineer and also a resident of the Philippines, admitted to violating the Act to Prevent Pollution from Ships.
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Under the terms of the plea agreement, Zeus will pay a penalty of $2.25 million, consisting of a fine of $1.68 million and a community service payment of $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 across Rhode Island. Additionally, Zeus will serve a four-year term of probation, during which any vessels operated by the company and calling on U.S. ports will be required to implement a robust environmental compliance plan, according to a news release.
According to court documents, Zeus and Penaflor admitted to illegally dumping oily bilge water directly into the ocean without being properly processed through required pollution prevention equipment during a voyage from Rotterdam to Rhode Island. Specifically, on three separate occasions between November 2021 and February 2022, Penaflor ordered engine room crew members to discharge a total of approximately 9,544 gallons 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, according to the release.
Additionally, crew members became aware that the vessel’s inert gas system became inoperable while the Galissas was conducting cargo operations in Rotterdam in February 2022, according to information presented in court. Zeus and the ship’s captain, Porquez, then decided to sail to the United States, where a spare part would be delivered upon the vessel’s arrival, rather than remaining in Rotterdam until the system could be repaired.
On Feb. 11, 2022, while crossing the Atlantic, Porquez submitted a notice of arrival to the U.S. Coast Guard that failed to report the hazardous condition, according to court documents. On Feb. 15, the Coast Guard sent an email in preparation for inspection that inquired about the vessel’s inert gas system. Porquez did not disclose the inoperable system in his response.
Upon arrival off the coast of Rhode Island on Feb. 19, the vessel’s crew received and installed the spare part but the ship’s inert gas system remained inoperable, according to the release. Porquez again failed to report the failure to the Coast Guard.
Porquez finally admitted the system was inoperable the following day when Coast Guard officials boarded the Galissas to conduct an inspection. Measurements of the oxygen levels within the vessel’s cargo tanks registered more than double the maximum allowable levels and the ship was ordered moved further offshore so as to not endanger the port of Newport. Penaflor falsely indicated in Porquez’s logbook that the cargo tanks were at safe oxygen levels when the ship left the Netherlands and also claimed it remained at safe levels during the voyage across the Atlantic Ocean, according to the release.
Sentencing is scheduled for Aug 8.
