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ExxonMobil Pipeline Company, Inc., Negligent Violation of Clean Water Act, Massachusetts 2009

Everett, MA – ExxonMobil Pipeline Company, Inc. was sentenced in April 2009 following a negligent release of fuel into the Mystic River in January 2006, according to federal court records. The incident, stemming from the offloading of the M/V Nara at the company’s Berth 3 dock in Everett, Massachusetts, resulted in the discharge of approximately 2,500 gallons of kerosene and 12,700 gallons of low sulfur diesel.

The investigation, conducted by the Environmental Protection Agency (EPA) and federal prosecutors, revealed that ExxonMobil had been aware of a leaking valve connecting Berths 1 and 3 for months prior to the spill. Despite this knowledge, the company failed to repair the faulty equipment. During the fuel transfer from the M/V Nara, diesel fuel bypassed the compromised valve, ultimately causing a corroded coupling at Berth 1 to rupture and release the hazardous substances into the river.

Prosecutors argued that ExxonMobil’s failure to adequately monitor and maintain its Everett terminal constituted criminal negligence, directly leading to the environmental damage. The spill prompted a swift response from environmental agencies, but the long-term ecological impact on the Mystic River remained a concern. The incident highlighted a pattern of deferred maintenance and a disregard for potential environmental risks, sources close to the investigation stated.

Legal Ramifications & Plea Deal

On December 23, 2008, ExxonMobil Pipeline Company, Inc. entered into an information and plea agreement with federal authorities. The company pled guilty to one count of negligently violating the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(1) and 1321(b)(3). The plea acknowledged the company’s responsibility for the fuel release and its failure to adhere to established environmental safety protocols.

Sentencing and Restitution

On April 30, 2009, ExxonMobil Pipeline Company, Inc. received a sentence of 36 months probation, and was ordered to pay a criminal fine of $359,018. Additionally, the company was directed to provide $179,509 in restitution to the Oil Spill Liability Trust Fund to cover cleanup costs. A significant portion of the settlement involved substantial community service payments aimed at mitigating the environmental damage and bolstering local conservation efforts.

Environmental Remediation & Compliance

As part of the plea agreement, ExxonMobil committed $5.6 million to court-mandated environmental projects. $4.6 million was allocated to the North American Wetlands Conservation Act (NAWCA) fund for wetland restoration projects in Massachusetts, with a particular focus on the Mystic River watershed. The remaining $1 million was awarded to the Massachusetts Environmental Trust (MET), the largest single settlement the MET had received since its establishment in 1989. Furthermore, the Everett facility was placed under a rigorous environmental compliance program and subjected to monitoring by a court-appointed official for three years to ensure future adherence to environmental regulations.

Key Facts

  • Defendant: ExxonMobil Pipeline Company, Inc.
  • Crime: Negligent violation of the Clean Water Act
  • Location: Everett, Massachusetts
  • Date of Spill: January 9-10, 2006
  • Substances Released: Approximately 2,500 gallons of kerosene and 12,700 gallons of low sulfur diesel
  • Statutes Violated: 33 U.S.C. 1319(c)(1) and 1321(b)(3)
  • Criminal Fine: $359,018
  • Restitution: $179,509 to the Oil Spill Liability Trust Fund
  • Community Service Payments: $4.6 million to NAWCA, $1 million to MET
  • Probation: 36 months

GrimyTimes will continue to follow this case and report on any further developments.


Source: EPA ECHO Enforcement Case Database

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