Everett, MA – ExxonMobil Pipeline Company, Inc. was sentenced in April 2009 following a negligent release of fuel into the Mystic River, according to federal court records. The incident, occurring between January 9-10, 2006, saw approximately 2,500 gallons of kerosene and 12,700 gallons of low sulfur diesel spill into the waterway during offloading operations at the company’s Berth 3 dock in Everett, Massachusetts.
Investigators with the Environmental Protection Agency (EPA) determined the spill wasn’t accidental, but a direct result of ExxonMobil’s longstanding negligence. A leaking valve between Berths 1 and 3 had been identified months prior to the incident, but remained unrepaired. During the fueling of the M/V Nara, diesel fuel bypassed the compromised valve, ultimately causing a corroded coupling at Berth 1 to rupture and release the substantial amount of fuel into the river.
The failure to address the known mechanical issue demonstrates a pattern of inadequate monitoring and maintenance at the Everett terminal, according to the EPA’s criminal enforcement case file. The spill triggered a swift investigation and, ultimately, a plea agreement reached on December 23, 2008. ExxonMobil Pipeline Company, Inc. pled guilty to one count of negligently violating the Clean Water Act (CWA).
Penalties and Restitution
The sentencing, handed down on April 30, 2009, included a criminal fine of $359,000 and mandated cleanup costs totaling $179,634. However, the financial penalties extended far beyond immediate restitution. ExxonMobil was ordered to contribute a substantial $5.6 million to environmental projects. $4,640,982 was directed to the North American Wetlands Conservation Act (NAWCA) fund for wetland restoration efforts within Massachusetts, specifically focusing on the Mystic River watershed. An additional $1 million was awarded to the Massachusetts Environmental Trust (MET), the largest single settlement the MET had received since its establishment in 1989 following the Boston Harbor cleanup litigation.
Ongoing Oversight
In addition to the financial penalties, ExxonMobil was placed on three years of probation and subjected to a rigorous environmental compliance program overseen by a court-appointed official. This oversight was intended to ensure the Everett facility adhered to stricter maintenance protocols and prevent future incidents. The case highlights the EPA’s commitment to holding corporations accountable for environmental damage resulting from negligence, even when direct intent to harm is not proven.
Key Facts
- Defendant: ExxonMobil Pipeline Company, Inc.
- Crime: Negligent violation of the Clean Water Act
- Location: Everett, Massachusetts
- Year: 2006 (incident), 2009 (sentencing)
- Statutes Violated: 33 U.S.C. 1319(c)(1) and 1321(b)(3)
- Spill Amount: Approximately 2,500 gallons of kerosene and 12,700 gallons of low sulfur diesel
- Criminal Fine: $359,000
- Cleanup Costs: $179,634
- Environmental Projects Funding: $5.6 million (NAWCA & MET)
- Probation: 36 months
GrimyTimes will continue to follow this case and report on any further developments regarding ExxonMobil’s compliance with the court-ordered environmental program.
Source: EPA ECHO Enforcement Case Database
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