Business Crimes Hotline

MASSACHUSETTS

Tugboat Operator to Plead Guilty and Pay $10 Million for 2003 Buzzard Bay Oil Spill

Bouchard Transportation Company (BTC) has agreed to plead guilty to one count of violating the Clean Water Act and one count of violating the Migratory Bird Treaty Act for the April 2003 oil spill in Buzzards Bay. The Clean Water Act charge stems from the negligent discharge of thousands of gallons of oil. The plea agreement will require BTC to pay a fine of $10 million, implement remedial measures to prevent future oil spills, and BTC will be placed on probation for a period of 3 years.

According to the information, the Buzzards Bay oil spill occurred when a BTC tugboat towing a barge containing over 4 million gallons of oil veered off course through a buoy-marked channel. The tugboat and barge then struck a series of rocks, which ripped a 12-foot hole in the bottom of the barge, rupturing one of its oil tanks. The tugboat's Mate allegedly had left the wheelhouse to work on the stern of the boat and so missed attempted communications by another vessel to warn him that the tugboat was off course. BTC allegedly had received complaints about the Mate's competence on previous occasions, including by other captains who had questioned whether the Mate was qualified to be at the helm of a tugboat that towing a barge loaded with oil.

If the plea agreement is approved, BTC will be required to pay $9 million of the fine at the time of sentencing. Seven million dollars of the proceeds will go to the North American Wetlands Conservation Fund, and the other $2 million will go to the Oil Spill Liability Trust Fund, which is administered by the U.S. Coast Guard to pay clean up costs and damages claims for oil spills. The remaining $1 million of the fine will be suspended unless BTC fails to comply with the conditions of probation, which include hiring an experienced tugboat pilot and placing a crew member inside the wheelhouse at all times.

MASSACHUSETTS

Tugboat Operator to Plead Guilty and Pay $10 Million for 2003 Buzzard Bay Oil Spill

Bouchard Transportation Company (BTC) has agreed to plead guilty to one count of violating the Clean Water Act and one count of violating the Migratory Bird Treaty Act for the April 2003 oil spill in Buzzards Bay. The Clean Water Act charge stems from the negligent discharge of thousands of gallons of oil. The plea agreement will require BTC to pay a fine of $10 million, implement remedial measures to prevent future oil spills, and BTC will be placed on probation for a period of 3 years.

According to the information, the Buzzards Bay oil spill occurred when a BTC tugboat towing a barge containing over 4 million gallons of oil veered off course through a buoy-marked channel. The tugboat and barge then struck a series of rocks, which ripped a 12-foot hole in the bottom of the barge, rupturing one of its oil tanks. The tugboat's Mate allegedly had left the wheelhouse to work on the stern of the boat and so missed attempted communications by another vessel to warn him that the tugboat was off course. BTC allegedly had received complaints about the Mate's competence on previous occasions, including by other captains who had questioned whether the Mate was qualified to be at the helm of a tugboat that towing a barge loaded with oil.

If the plea agreement is approved, BTC will be required to pay $9 million of the fine at the time of sentencing. Seven million dollars of the proceeds will go to the North American Wetlands Conservation Fund, and the other $2 million will go to the Oil Spill Liability Trust Fund, which is administered by the U.S. Coast Guard to pay clean up costs and damages claims for oil spills. The remaining $1 million of the fine will be suspended unless BTC fails to comply with the conditions of probation, which include hiring an experienced tugboat pilot and placing a crew member inside the wheelhouse at all times.