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    Official U.S., state complaint filed against ExxonMobil for Mayflower oil spill

    7:19 PM, Jun 13, 2013   |    comments
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    Photo Gallery: Mayflower Oil Spill Cleanup
     PDF Document: Official Exxon Complaint

    NORTH LITTLE ROCK, Ark. (KTHV) - The United States and Arkansas filed a joint complaint against ExxonMobil for the Pegasus Pipeline oil spill that occurred March 29 in Mayflower, Arkansas.

    Below is the release from the Dept. of Justice and the official court complaint filed against the company:

    "WASHINGTON - Today the United States and the state of Arkansas filed a joint enforcement action against ExxonMobil Pipeline Company and Mobil Pipe Line Company (ExxonMobil) in federal district court in Little Rock, Ark. The complaint addresses ExxonMobil's unlawful discharge of heavy crude oil from a 20-inch-diameter interstate pipeline - the Pegasus Pipeline - that ruptured in Mayflower, Ark., on March 29, 2013.

    As alleged in the complaint, a segment of the Pegasus Pipeline ruptured in a residential neighborhood in the town of Mayflower. The pipe was buried approximately two feet below the ground at that location. The oil spilled directly into the neighborhood and then into nearby waterways, including a creek, wetlands, and Lake Conway. Residents were forced to evacuate their homes due to the hazardous conditions in the neighborhood resulting from the spill. The oil has contaminated land and waterways and impacted human health and welfare, wildlife, and habitat. Cleanup efforts are still ongoing, and many residents still have not been able to return home.

    The Pegasus Pipeline runs approximately 850 miles from Patoka, Ill., to Nederland, Texas. The pipeline is used to transport Canadian heavy crude oil. The pipeline originally was constructed in the 1940s.

    The complaint alleges six causes of action against the defendants. The United States, on behalf of the U.S. Environmental Protection Agency (EPA), seeks civil penalties and injunctive relief under the federal Clean Water Act for the oil spill. The state of Arkansas, on behalf of the Arkansas Department of Environmental Quality (ADEQ) by the authority of the Arkansas Attorney General, seeks civil penalties for violations of the Arkansas Hazardous Waste Management Act and the Arkansas Water and Air Pollution Control Act. The state also seeks a declaratory judgment on ExxonMobil's liability for payment of removal costs and damages related to the spill pursuant to the federal Oil Pollution Act."

    "This spill has caused a significant and lasting negative impact upon our state's environment, and Exxon, as the responsible party for the incident, should be penalized for those impacts," said Attorney General Dustin McDaniel.

    More than two months ago, Attorney General McDaniel launched an investigation into the March 29 oil spill in Mayflower. His findings were alarming.

    "The pipeline rupture caused a release of tar, sands, and oil that polluted the state's air, soil and waters. Furthermore, ExxonMobil has illegally stored the waste generated from the cleanup process." McDaniel said.

    McDaniel added that ExxonMobil violated the Arkansas Water and Air Pollution Control Act as well as the state Hazardous Waste Management Act, leading state and federal officials to file a lawsuit against Exxon, asking for civil penalties.

    "And to store this material without following the law in advance and then to not remove it upon being demanded to do so, we felt was particularly concerning and should be included in this litigation," he continued. "The hazardous waste act provides for penalties up to $25,000 per day per violation. That includes today, tomorrow and every day until the lawful orders of the state of Arkansas."

    When asked for a response from ExxonMobil to the complaint filed, THV 11 received the following:

    "We aware of the filing; however, we have yet to review the allegations and have not been formally served with the complaint. That said, we will continue to cooperate with all federal, state and local agencies."

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