Gulf Coast Asphalt Company, LLC entered a plea to two counts of an information charging violations of the Oil Pollution Act and Migratory Bird Treaty Act in U.S. District Court for the Southern District of Alabama on September 1, 2011.
The information charges that the discharge of oil was caused by an over-fill of oil during a tank to tank transfer when employees pumped oil into the receiving tank under pressure. Because employees miscalculated the tank volume of the receiving tank prior to the transfer and engaged in the transfer of oil without employing proper procedures, the tank ruptured and oil was released into a secondary containment area and ultimately into the Mobile River.
As part of the plea agreement, Gulf Coast Asphalt Company, LLC has agreed to pay a total of one million dollars in criminal penalties, including $667,000 in a criminal fine and $333,000 in an organizational community service payment to the National Fish and Wildlife Foundation.
Gulf Coast Asphalt Company, LLC also agreed to pay restitution in the amount of $292,000 to the United States Coast Guard and $75,000 to the Alabama Department of Conservation and Natural Resources, Wildlife and Freshwater Fisheries Division.
The penalties and restitution are collected above the statutory requirement under the Oil Pollution Act that the responsible party for the oil spill pays the expense of the environmental cleanup and environmental remediation.
United States Attorney Kenyen R. Brown stated, ‘this settlement is a fair and just resolution to this matter.’ Brown is pleased that the company agreed to pay an amount to the National Fish and Wildlife Foundation that will fund environmental projects here in the Southern District of Alabama.
Gulf Coast Asphalt Company, LLC is a legal entity based in Alabama.
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Key Facts
- State: Alabama
- Category: Environmental Crime
- Source: DOJ Press Release â†â€â€
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