Charlton, MA – The president of Charlton Welding, Larry McKissick II, was sentenced in April 2013 for negligently causing a significant diesel fuel spill that impacted local wetlands and residents. McKissick, 43, received four months of home detention as part of a 12-month probationary sentence, along with a $75,000 federal fine. The incident stemmed from a June 11, 2010, incident where approximately 3,200 gallons of diesel fuel leaked from a storage tank on the company’s Griffin Road property.
Instead of reporting the leak and initiating proper containment procedures, McKissick ordered the fuel to be washed off the parking lot. This action, authorities say, exacerbated the environmental damage, directing the diesel fuel into a tributary stream that feeds the Quinebaug River. The resulting spill affected nearby wetlands and caused noxious fumes that impacted a local housing complex, prompting a six-month cleanup operation led by the Massachusetts Department of Environmental Protection (MassDEP).
Environmental & Financial Impact
The cleanup effort, according to MassDEP, exceeded $680,000 in costs. Beyond the financial burden, the spill had a demonstrable impact on the local ecosystem. The contamination of the wetlands raised concerns about potential long-term ecological consequences and the health of nearby residents. MassDEP Commissioner Kenneth Kimmell sharply criticized McKissick’s attempt to conceal the spill, stating it “created noxious fumes that endangered nearby residents and greatly complicated the immediate clean up actions.”
Legal Ramifications & Prosecution
McKissick pleaded guilty in October 2012 to violating the Clean Water Act, specifically 33 U.S.C. § 1321(b)(3), which prohibits the discharge of oil or hazardous substances into navigable waters of the United States. Assistant U.S. Attorney Anton P. Giedt prosecuted the case, securing the sentence handed down by Magistrate Judge Jennifer C. Boal. In addition to the incarceration and fine, McKissick was ordered to publish a public apology in a local newspaper and complete a Spill Prevention and Countermeasures training course.
Federal & State Collaboration
The case highlights the collaborative efforts between federal and state environmental protection agencies. The Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) played a key role in the investigation, alongside MassDEP’s Environmental Strike Force. U.S. Attorney Carmen Ortiz emphasized the importance of the Clean Water Act in protecting natural resources, praising the cleanup efforts of MassDEP. “Mr. McKissick’s negligence impacted important wetlands and tributary stream, and that could have been much worse,” she stated.
Key Facts
- Defendant: Larry McKissick II
- Company: Charlton Welding
- Location: Charlton, Massachusetts
- Date of Spill: June 11, 2010
- Substance Spilled: Approximately 3,200 gallons of diesel fuel
- Laws Violated: 33 U.S.C. § 1321(b)(3) – Clean Water Act
- Sentence: 4 months home detention, $75,000 fine, public apology, and spill prevention training.
- Cleanup Costs: Over $680,000
While restitution was not part of the initial plea agreement, authorities indicated they were pursuing it separately under the Clean Water Act, potentially adding to McKissick’s financial liability. The incident serves as a stark reminder of the legal and environmental consequences of neglecting responsible fuel storage and spill prevention measures.
Source: EPA ECHO Enforcement Case Database
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