Respondent's 3/29/2013 discharge of oil to a jurisdictional waterway was in a quantity that has been determined may be harmful under 40 CFR 110.3, which implements Section 311(b)(3) and (b)(4) of the CWA.
This is a filed case against ExxonMobil Pipeline Company and Mobil Pipe Line Company (ExxonMobil) related to a pipeline oil spill in Mayflower, Arkansas, on March 29, 2013. ExxonMobil owns and operates the Pegasus pipeline, a 20-inch-diameter pipeline that transports Canadian heavy crude oil over 850 miles from Patoka, Illinois, to Nederland, Texas. The pipeline ruptured and oil spilled directly into a residential neighborhood and then into nearby waterways, including an unnamed creek, wetlands, and Lake Conway, which is a tributary of the Arkansas River. Residents of 22 homes were forced to evacuate due to the hazardous conditions in the neighborhood and most people never moved back home. Remediation efforts are nearing completion. In the complaint, filed in June 2013, we seek civil penalties and injunctive relief under the Clean Water Act. The State of Arkansas brings multiple claims for penalties under State law related to the spill and cleanup. Under the proposed Consent Decree, ExxonMobil will pay a CWA civil penalty of $3.19 million, which equates to $1,000 per barrel discharged, and will perform injunctive relief to help prevent and minimize future spills. ExxonMobil will also pay a penalty to the State in the amount of $1 million as well as pay litigation co