Edgemere, MD – Leon Gilbert McKemy, owner and operator of M&M Fuel Company, was sentenced to probation and ordered to pay restitution following a 1996 oil spill that contaminated a tributary of the Chesapeake Bay. The incident, stemming from negligent storage practices at the Edgemere facility, highlights ongoing concerns about industrial responsibility and environmental protection in the region.
According to court documents, in January 1996, over 1,300 gallons of heating oil leaked from a storage tank at M&M Fuel Company. The oil flowed unchecked into a storm drain, ultimately discharging into Jones Creek, a vital waterway feeding into the larger Chesapeake Bay ecosystem. The spill posed a significant threat to both the immediate environment and potential drinking water sources.
Investigators determined that McKemy and M&M Fuel Company were operating in violation of multiple federal regulations. Critically, the storage tank lacked both the necessary permit for oil storage and a containment system – specifically a berm or dike – designed to prevent spills from reaching waterways. This failure to adhere to basic safety standards directly contributed to the extent of the contamination.
Further compounding the offense, McKemy failed to report the spill to the appropriate authorities as required by law. This delay hindered immediate response efforts and potentially exacerbated the environmental damage. The U.S. Environmental Protection Agency (EPA) took swift action, leading to McKemy’s indictment on March 17, 1997, on five counts related to the Clean Water Act (CWA).
Legal Ramifications
McKemy ultimately pled guilty to three counts on June 11, 1998. Specifically, he admitted guilt to violations of 33 U.S.C. 1311(a) – illegal pollutant discharge; 33 U.S.C. 1321(b)(3) – discharge of oil or hazardous substances into navigable waters; and 33 U.S.C. 1319(c)(1)(A) – failure to notify authorities of a hazardous substance release. On June 30, 1998, McKemy received a sentence of 24 months probation and was ordered to pay $60,000 in restitution to the U.S. Geological Survey (U.S.G.S.) Oil Clean-Up Fund.
Key Facts
- Defendant: Leon Gilbert McKemy, M&M Fuel Company
- Location: Edgemere, Maryland
- Date of Spill: January 1996
- Amount of Oil Spilled: Over 1,300 gallons
- Waterway Impacted: Jones Creek (Chesapeake Bay tributary)
- Violated Laws: 33 U.S.C. 1311(a), 33 U.S.C. 1321(b)(3), 33 U.S.C. 1319(c)(1)(A)
- Penalty: 24 months probation, $60,000 restitution to U.S.G.S. Oil Clean-Up Fund
This case serves as a stark reminder of the potential consequences of neglecting environmental regulations and the importance of prompt reporting in mitigating the impact of industrial accidents. The Chesapeake Bay, already facing numerous environmental challenges, remains particularly vulnerable to such incidents.
Source: EPA ECHO Enforcement Case Database
MORE FEDERAL CRIME NEWS
White Collar CrimeWhite Collar CrimeWhite Collar CrimeWhite Collar Crime