HONOLULU
(Map)
-
David G. Williams, a Chief
Warrant Officer in the U.S. Coast Guard and the Main Propulsion Assistant for
the Coast Guard Cutter RUSH, was indicted today by a federal grand jury for
obstructing the investigation into his authorization of the direct overboard
discharge of bilge wastes through the deep sink into the Honolulu Harbor,
announced Ronald J. Tenpas, Acting Assistant Attorney General for the Justice
Department's Environment and Natural Resources Division and U.S. Attorney for
the District of Hawaii Edward H. Kubo Jr.
Williams was charged with two counts: one count of obstruction of justice
and one count of making a false statement. As the Main Propulsion Assistant,
he oversaw the maintenance of the main diesel engines and other machinery in
the engine room for the Coast Guard Cutter RUSH, a 378 ft. high endurance
cutter stationed in Honolulu.
"This indictment stands as notice that the Department of Justice will
enforce the nation's environmental laws in an even-handed and thorough
manner," said Acting Assistant Attorney General Tenpas.
According to the indictment, on or about March 8, 2006, Williams
authorized the direct discharge of bilge wastes into Honolulu Harbor. The
Engineering Department personnel engaged in an unusual and abnormal operation
and configuration of engine room equipment to pump bilge wastes from the aft
bilge to the deep sink and overboard into Honolulu Harbor, thereby bypassing
the "oily water separator" (OWS) system. The OWS system is a pollution
prevention control device used by high endurance Coast Guard cutters like the
RUSH to manage accumulations of bilge wastes while underway at sea. The OWS
system collects, stores, and processes wastes to separate the water from the
oil and other wastes.
On or about March 13, 2006, the State of Hawaii Department of Health
received an anonymous complaint stating that U.S. Coast Guard Cutter RUSH crew
members were ordered to pump approximately 2,000 gallons of bilge waste into
Honolulu Harbor. On May 1, 2006, investigators from the U.S. Coast Guard
Investigative Service (CGIS) and the Environmental Protection Agency (EPA)
received confirmation from Main Propulsion Division personnel who personally
participated that bilge wastes had indeed been discharged through the deep
sink and into Honolulu Harbor. CGIS investigators obtained various documents
from the RUSH, including engineering and ship's logs, tank level sounding
sheets, and a pneumatic pump.
According to the indictment, when interviewed by investigators from the
CGIS and EPA, Williams denied authorizing personnel to discharge bilge waste
to the deep sink and stated that he was not aware of the pumping of bilge
wastes to bypass the ship's OWS system.
The charges set forth in an indictment are merely accusations and the
defendant is presumed innocent until proven guilty. If convicted Williams
could face 5 years in prison on each count and
The government's investigation was initiated by the CGIS and EPA. The
case is being prosecuted by Trial Attorney Joseph A. Poux of the Justice
Department's Environmental Crimes Section, Ronald G. Johnson, chief of the
Major Crimes Section; and Assistant U.S. Attorney for the District of Hawaii
William L. Shipley.
