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| September 2010 |
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| USA v. DRD Towing Company LLC, et al. |
| Statute(s): Clean Water Act, Port and Waterways Safety Act, Obstruction of Justice |
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| Summary: DRD Towing Company LLC was charged with a felony violation of the Ports and Waterways Safety Act, and a misdemeanor violation of the Clean Water Act, while the company's co-owner, Randall Dantin, faces an obstruction of justice charge.
On July 23, 2008, John Paul Bavaret II, a sleep-deprived apprentice mate without a captain at his side, was at the helm of the DRD owned M/V Mel Oliver. The Coast Guard investigation revealed that while under his command, the Mel Oliver was pushing a tanker barge full of fuel oil when it crossed the path of the M/V Tintomara, a Liberian-flagged vessel. The DRD towboat collided with the tanker causing 283,000 gallons of fuel to leak, closing the Mississippi for six days.
According to Court documents, from January 1, 2007 through July 23, 2008 DRD Towing had been running towing vessels in Louisiana and Texas with unqualified and overworked crews. The towing company had been assigning employees without proper Coast Guard licenses to operate certain vessels, thereby causing these vessels to operate in navigable waters with manning levels below Coast Guard standards. In addition, they were paying licensed captains to operate vessels for full 24 hour days without a relief captain, knowing the Coast Guard considers the use of over-fatigued mariners to be a hazardous condition. The current standard related to fatigue is that operators are prohibited from working for more than 12 hours in a 24 hour period. |
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| Result: DRD Towing Company, LLC, a Louisiana marine company, pled guilty in federal court to a felony violation of the Ports and Waterways Safety Act, and a misdemeanor violation of the Clean Water Act, while the company's co-owner, Randall Dantin, pled guilty to an obstruction of justice charge.
DRD Towing faces up to $700,000 in fines, and sentencing is set for December 15,2010. Roger Dantin, DRD Towing's co-owner who admitted to obstruction of justice for causing the deletion of "electronic payroll sheets" form DRD's laptop computer, faces five years imprisonment and a $250,000 fine. Dantin's sentencing is set for December 8, 2010. |
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