New Bedford, MA – Former marine dredging business owner Francis L. Empey was sentenced in June 1997 after pleading guilty to negligently violating the Clean Water Act (CWA). The case, stemming from a series of incidents in the early 1990s, highlights the environmental and legal consequences of neglecting maritime vessel maintenance and evading responsibility for pollution.
The trouble began in 1991 when Empey’s hydraulic barge, the Smithtown, sank in New Bedford Harbor, unleashing an oil sheen that stretched for two miles into Buzzard Bay. This wasn’t an isolated incident. Records indicate that multiple vessels owned by Empey repeatedly sank due to a pattern of demonstrable poor maintenance. The sinking of the Smithtown triggered a substantial clean-up operation that lasted for months, ultimately recovering 1,600 gallons of oil from the harbor.
Adding to the severity of the offense, Empey was obligated to participate in the clean-up efforts but reportedly absconded, becoming a fugitive from justice. Authorities eventually located and apprehended him in New Orleans. Empey waived his extradition rights and was returned to Massachusetts to face the charges brought against him. The disappearance fueled accusations of deliberate avoidance of accountability for the environmental damage caused by his negligence.
Empey was initially indicted on June 18, 1996, facing charges under 33 U.S.C. 1319 – specifically the negligent violation provision of the Clean Water Act. After months of legal proceedings, Empey entered a guilty plea on March 17, 1997, admitting to the negligent actions that led to the pollution of Buzzard Bay and New Bedford Harbor. Investigators suggest Empey knowingly operated vessels in a state of disrepair, creating an unacceptable risk of environmental contamination.
Penalties and Legal Ramifications
On June 17, 1997, Empey received a sentence of 36 months probation and a substantial fine of $64,500. This penalty reflects the seriousness with which federal authorities treat violations of the Clean Water Act, particularly those involving oil pollution and deliberate avoidance of cleanup responsibilities. The case serves as a warning to maritime operators that neglecting vessel maintenance and attempting to evade environmental accountability will result in significant legal and financial repercussions.
Key Facts
- Defendant: Francis L. Empey
- Location: New Bedford, Massachusetts / Buzzard Bay
- Incident: Sinking of hydraulic barge Smithtown and multiple other vessels.
- Pollution: Approximately 1,600 gallons of oil released into the harbor and bay.
- Statute Violated: 33 U.S.C. 1319(c)(2)(A) – Negligent violation of the Clean Water Act.
- Penalty: 36 months probation and $64,500 fine.
- Fugitive Status: Empey fled the scene and was apprehended in New Orleans.
GrimyTimes will continue to follow cases of environmental crime and hold those responsible accountable for their actions.
Source: EPA ECHO Enforcement Case Database
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