A US Federal District Court in Anchorage, Alaska, has delivered a significant verdict against three commercial fishing companies based in Kodiak and their manager, Corey Potter, imposing a hefty civil penalty for multiple infractions of the Clean Water Act.
The court’s action, which includes default judgments against Potter and companies Knot EZ, Aleutian Tendering, and Alaska Tendering Company, amounts to a financial penalty of $1,182,265.
This legal enforcement case was initiated by the US Department of Justice on behalf of the US Coast Guard, on October 24, 2024.
The allegations stem from a disturbing incident in July 2022, where Coast Guard officials discovered the defendants discharging oily bilge waste from Knot EZ, a fish tendering vessel, into coastal waters while operating in the Gulf of Alaska and Bering Sea.
Knot EZ, which is registered under the US flag and homeported in Kodiak, has been engaged in transporting supplies to fishing vessels and delivering fish back to processing facilities along the coast.
The complaint filed against the defendants details how the Coast Guard members, responding to a distress signal from Knot EZ amid reports of an oil spill, found that the vessel was sinking at anchor in Kodiak Harbor.
Upon investigation, they discovered an illegal discharge system that allowed for the regular pumping of oily bilge waste directly into the sea. This practice was apparently employed to avoid interrupting business operations and to evade necessary repairs for the vessel’s severely leaking hull.
After examining the condition of Knot EZ, the Coast Guard deemed it a significant threat to both navigational safety and the marine environment, describing it as ‘not fit for service at sea.’
Further investigations from the Coast Guard revealed a pattern of illegal oil discharges throughout the summer fishing season, indicating a consistent disregard for pollution control regulations.
In light of the gravity of the situation, Knot EZ has since been taken out of service and removed from the water.
The complaint also highlighted specific regulatory breaches. These encompassed the failure to maintain adequate onboard capacity for oily bilge water and the lack of proper piping to ensure safe transfer of oily waste to designated shore-side disposal facilities.
Following fruitless negotiations to address the violations with the defendants, the United States decided to proceed with legal action, leading to the court’s judgment after the defendants failed to respond or appear.
Section 311(b) of the Clean Water Act strictly prohibits the discharge of oil or hazardous substances into US waters in quantities that may harm the environment or public health.
Moreover, the Coast Guard has established rigorous spill prevention and pollution control regulations that spesifically target vessels and related facilities.
Historically, discharges of oily mixtures, including unauthorized pumping of untreated oily bilge water or attempts to decant only the upper layer of oil, have been against federal laws and regulations.
In Kodiak Harbor, there are facilities in place to facilitate the proper disposal of oily bilge water.
Environmental safety advocates emphasize the importance of compliance with these regulations to prevent contamination of marine environments and protect public health.
image source from：bairdmaritime
