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The Honolulu Advertiser
Posted on: Thursday, August 9, 2007

Officer indicted in alleged dumping

By Peter Boylan
Advertiser Staff Writer

A U.S. Coast Guard officer has been indicted as part of an ongoing federal probe into the illegal dumping of more than 2,000 gallons of wastewater from the bilge tank of a Coast Guard cutter moored in Honolulu Harbor last year.

Chief Warrant Officer David G. Williams Jr. was indicted yesterday by a federal grand jury on one count of obstruction of justice and one count of giving false statements to investigators after he allegedly lied about the wastewater dump during a formal probe.

Each charge carries a maximum sentence of up to five years in jail. Williams was not arrested and will be allowed to surrender to authorities.

"The U.S. Coast Guard is an important part of not only our national defense, they are a key agency in the protection of our waters from those who would pollute our oceans and harbors," said Ed Kubo, U.S. attorney for Hawai'i. "This case is a shining example that they will hold themselves to the same standard of care for our waters that they would hold others. I want to stress that this investigation is by no means a reflection on those dedicated men and women" of the Coast Guard.

On March 8, 2006, Williams allegedly instructed four to five other officers to rig a "sandpiper pump" that would bypass the ship's waste filter and dump excess oil and other pollutants directly overboard, according to court documents. Williams at the time was responsible for maintaining the primary diesel engine for the Coast Guard cutter Rush.

The untreated bilge waste had been dumped overboard on 10 separate occasions in 2005 when the Rush was operating in waters off Central and South America, according to court documents.

The excess bilge waste, a combination of oil, water, and other engine lubricants, was dumped into Honolulu Harbor over a four- to five-hour period on March 8, 2006, according to documents. The bilge wastes had reached a dangerous point and the dump was needed so that the Rush could leave port for a training mission.

On May 2, 2006, agents with the Coast Guard Investigative Service and the Environmental Protection Agency questioned Williams about the dump and in written and oral statements made to investigators, Williams denied ordering subordinates to pump bilge into the harbor, records said.

He also said he had "no knowledge" of the dump.

"I did not and would not direct anyone to pump engine room bilge into the engine rooms sink for discharge overboard," Williams wrote in a statement to investigators.

In a second interview, on May 3, 2006, Williams amended his statement and wrote that he "was aware of the direct overboard discharge of bilge waste ... but had turned a 'blind eye' to the practice," according to court records.

His attorney, federal Assistant Public Defender Matthew Winter, did not return a message seeking comment yesterday. Assistant U.S. Attorney William L. Shipley is prosecuting the case for the government.

The investigation is open and ongoing and may result in additional federal and state charges, fines and lawsuits against the Coast Guard, Williams, and Williams' co-conspirators, according to law enforcement officials.

"The EPA's Criminal Investigation Division in Honolulu played an active role along with the U.S. Coast Guard's investigators resulting in today's indictment," said EPA spokesman Dean K. Higuchi. "Oil and other wastes created by ocean vessels must be managed, treated and disposed of properly to protect human health and the environment."

The Coast Guard and the EPA initiated their investigation April 17, 2006, following an anonymous tip received by the state Department of Health.

Williams could face additional administrative penalties from the Coast Guard, which has taken no administrative action against Williams or any other officer. A separate administrative probe could be opened, however.

Williams has been transferred off the 378-foot cutter.

"The Coast Guard strives to be a good steward of our environment and we will continue to improve our environmental performance," said Rear Adm. Sally Brice-O'Hara, Coast Guard commander of District 14. "I want to stress that Coast Guard policy, both now, and at the time of the alleged unauthorized discharges, prohibits the direct discharge of machinery space bilge waste into the sea, except in rare cases where the crew is endangered or the safety of life at sea is otherwise at stake."

Reach Peter Boylan at pboylan@honoluluadvertiser.com.