ZAO GALAXY

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Jury finds tanker engineer guilty to dump oily bilge in the water

A federal jury in the Northern District of California has convicted a former engineer of the 'Zao Galaxy' of aiding and abetting an environmental crime and obstruction of justice in connection with the intentional dumping in February of 2019 of oily bilge water. Gilbert Fajardo Dela Cruz, a Philippine national, was the 1st Engineer of the tanker when it sailed from the Philippines to Richmond, California. On February 11, 2019, Coast Guard inspectors boarded the tanker after it moored in Richmond. During the control, another crew member passed a note to an examiner requesting a meeting after the inspection so that they could “tell something” about a “magic pipe” and “damage to the marine environment.” After the inspection and a follow-up investigation, Unix ultimately admitted that an officer had 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 Feb 26, 2020, the company admitted the discharges were done knowingly and that they were not recorded in the 'Zao Galaxy'’s oil record book when it was presented to the Coast Guard during the vessel’s inspection. Unix pleaded guilty to one count of violating the Act to Prevent Pollution from Ships and was sentenced to pay a fine of $1.65 million, four years of probation, and ordered the company to implement a comprehensive Environmental Compliance Plan. Even with the company’s admission, Dela Cruz denied responsibility for the environmental crimes and went to trial. According to the evidence presented at trial, in preparation for a Coast Guard inspection in Richmond, 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 Oct 24, 2019, charging him with one count of violating the Act to Prevent Pollution from Ships, in violation of 33 U.S.C. § 1908(a); one count of obstruction of justice, in violation of 18 U.S.C § 1519, and one count of obstruction of an agency proceeding, in violation of 18 U.S.C. § 1505. A trial, 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, finding him guilty on all three counts. Dela Cruz faces a maximum of six years’ imprisonment and $250,000 for and three years of supervised release for the pollution count, 20 years’ imprisonment and $250,000 for the obstruction of justice count, and five years of imprisonment and $250,000 for the obstruction of the agency proceedings count. The judge ordered Dela Cruz released on bond pending sentencing and scheduled the sentencing for June 11, 2021.

Company fined for unproper entries in oil record book

The UNIX Line Pte Ltd, managers of the 'Zao Galaxy', on March 20, 2020, agreed to a sentence in relation to one count of failure to make proper entries in the ship's oil record book. The sentence included a fine of 1,650,400 USD, four years' probation and implementation of a comprehensive environmental compliance plan. The cmpany confirmed they have been working with the U.S. authorities regarding the violation which was committed by a crew member. The company has a compliance program which focuses on strict adherence to all laws. All crew members have been trained in these policies and now knew what was expected of them.

Owner pled guilty violation of the Act to Prevent Pollution from Ships

The company of the 'Zao Galaxy' pled guilty on Feb 27, 2020, to one count of violation of the Act to Prevent Pollution from Ships. The company confirmed they have been working with U.S. authorities regarding the violation which was unknowingly committed by a crew member. Coast Guard inspectors originally detained the vessel in California due to deficiencies found during their routine inspection process. UNIX Line and the vessel?s crew have worked closely with the authorities to resolve this matter and look forward to putting it behind them. The company's corporate policy strictly prohibits any violation of environmental laws and has a compliance program which focuses on strict adherence to all laws.