The defendants admitted the following:
The fuel tank of the Command was damaged during a trip to Central America in Sep 1998.
After some repairs were made. the Command traveled to Ecuador
where it took on a cargo of crude oil bound for the Tosco Refinery
at the Richmond Long Wharf in San Francisco Bay.
The ship arrived in San Francisco on 22 September
and discharged its oil.
On 24 September 1998, as the ship was being refueled for its next voyage,
oil begain to leak into the Bay from a crack in the damaged tank.
Refueling was stopped and the USCG was notified.
After inspecting the Command, the USCG directed
that repairs be made before the ship could leave port.
In order to get the ship repaired as quickly as possible,
and after consulting with representatives of Anax [the tanker owner],
the captain Dimitrios Georgantas, ordered that all fuel be removed
from the damaged tank, and placed into all other available tanks.
Those tanks all were quickly filled, however,
and more than 200 tonnes of fuel remained in the damaged tank.
The captain directed that the remaining fuel from the damaged tank
be transferred to a clean slop tank,
and the temporary repairs were made.
After a USCG inspection, the ship was permitted to sail
with an order of the captain of the port
that it not use the damaged tank until more permanent repairs were made.
During the evening of 26 September 1998,
the ship left San Francisco, heading south toward Ecuador.
Once the ship set sail, the captain ordered a crew member
to transfer the fuel from the slop tank
into the temporarily repaired starboard fuel tank,
in violation of the USCG orders.
The re-transfer procedure procedure required
constructing an on-deck bypass system using hoses and a powerful pump.
During the transfer operation, one of the hoses came unfastened
and oil rapidly begain spilling onto the deck of the ship
and into the Pacific Ocean.
When the Captain was told of the spill,
he failed to notify the USCG as required by law.
Accroding to the Anax plea agreement,
the captain also instructed the crew memebers
to deny that spillhad occurred.