Case Studies
Jan 27, 2022

Analysis and Overview of a Harbor Molasses Spill

Publication: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 14, Issue 2

Abstract

Matson Navigation Company had been shipping molasses from Maui to Honolulu Harbor for 30 years, once a week, when in September 2013, 1,400 t of molasses spilled into Honolulu Harbor by way of a corroded pipe. This spill was not discovered until September 9, and resulted in the death of all marine life in the area due to deoxygenation, as discovered by divers. At the time, molasses was unregulated and therefore spill response plans were not required. The following year, Matson pleaded guilty in a federal court to violating 33 United States Code 407, the Rivers and Harbors Appropriation Act of 1899. Then, 2 years later, in July 2015, Matson paid the State of Hawai‘i a $15.4 million settlement in the forms of cash, restoration, and funding of environmental programs. In 2017, the EPA charged Matson with a civil settlement, marking the end of all criminal and civil cases against Matson. As a result of this incident, Hawai‘i DOT (HDOT) requires all businesses using port pipelines to provide documentation of pipeline inspections and spill response plans to prevent future environmental and economic disasters. This paper summarizes events associated with the spill and discusses the statute used to prosecute Matson, the spill’s impact, and the handling of the spill response. Using primary and secondary sources from library and online searches, the authors identify breakdowns in protocol and conclude that the spill could have been prevented if Matson and Hawai‘i Department of Transportation had communicated more effectively.

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Data Availability Statement

No data, models, or code were generated or used during the study.

References

List of Cases

United States v. Republic Steel Corp., 362 US 482 (May 16, 1960).
United States v. Standard Oil Co., 384 US 224 (May 23, 1966).

List of Statutes

Emergency Appropriation for the Department of the Attorney General. SB1072, Act 50, Hawaii State Senate (May 19, 2015).
Executive Order 11574, Administration of Refuse Act permit program (December 23, 1970).
Executive Order 12553, Revocation of Various Executive Orders (February 25, 1986).
Public Law 89-670 Section 6(g)(6)(A), (October 15, 1966).
SB632, Act 218, Hawaii State Senate (July 8, 2014).
33 USC 1251 et seq., Clean Water Act (October 18, 1972).
33 USC 1342, National Pollutant Discharge Elimination System, (January 4, 1995).
33 USC 407, Deposit of refuse in navigable waters generally. Rivers and Harbors Appropriation Act of 1899 (March 3, 1899).

Works Cited

Basu T. 2013. “Hawaii molasses spill: Better or worse than oil?” Accessed April 15, 2021. https://www.nationalgeographic.com/science/article/130917-molasses-oil-spill-hawaii-honolulu-cleanup.
Cocke, S. 2013. “Government shutdown hinders molasses spill investigations in Hawaii.” Accessed April 29, 2021. https://www.huffpost.com/entry/government-shutdown-molasses-spill_n_4031111.
Eagle, N. 2013. “Inspector: Matson pipe was leaking 1 year before Molasses spill in Honolulu Harbor.” Accessed September 21, 2013. https://www.civilbeat.org/2013/09/inspector-matson-pipe-was-leaking-1-year-before/.
Feinman, J. M. 2018. “Law 101: Everything you need to know about American law.” Accessed April 29, 2021. https://books.google.com/books/about/Law_101.html?id=FmhaDwAAQBAJ.
Franz, A. 2010. “Crimes against water: The rivers and harbors act of 1899.” Accessed May 5, 2021. https://www.jstor.org/stable/43294085?seq=1.
Gallup. 2014. “Hawaii scorecard.” Accessed April 28, 2021. https://news.gallup.com/poll/174641/hawaii-scorecard.aspx%20.
Governor of the State of Hawai‘i. 2013. “Matson to pay more than $15 million for 2013 molasses spill in settlement agreement with state of Hawaii.” Accessed May 6, 2021. https://governor.hawaii.gov/newsroom/ag-news-release-matson-to-pay-more-than-15-million-for-2013-molasses-spill-in-settlement-agreement-with-state-of-hawaii/.
Grube, N. 2013a. “Hawaii DOT ‘never got around’ to telling Matson its pipe was still leaking.” Accessed April 15, 2021. www.civilbeat.org/2013/11/20315-hawaii-dot-never-got-around-to-telling-matson-its-pipe-was-still-leaking/.
Grube, N. 2013b. “Hawaii harbor officials tell port businesses to provide response plans.” Accessed May 5, 2021. https://www.civilbeat.org/2013/10/20184-hawaii-harbor-officials-tell-port-businesses-to-provide-response-plans/.
Gutierrez, B. 2013a. “Honolulu harbor showing improvement after molasses spill.” Accessed April 22, 2021. https://www.hawaiinewsnow.com/story/23434120/honolulu-harbor-showing-improvement-after-molasses-spill/.
Gutierrez, B. 2013b. “Keehi lagoon reopens after molasses spill, but business sluggish.” Accessed April 22, 2021. https://www.hawaiinewsnow.com/story/23495165/keehi-lagoon-reopens-after-molasses-spill-but-business-sluggish/.
Hawaii Department of Health. 2021. “Honolulu harbor molasses spill September 2013.” Accessed August 6, 2021. https://health.hawaii.gov/heer/environmental-health/highlighted-projects/honolulu-harbor-molasses-spill-september-2013/.
Legal Information Institute. 2021a. “Negligence.” Accessed May 5, 2021. https://www.law.cornell.edu/wex/negligence.
Legal Information Institute. 2021b. “Tort.” Accessed May 5, 2021. https://www.law.cornell.edu/wex/tort.
Marston, D. L. 1985. Law for professional engineers. 2nd ed. Whitby, Canada: McGraw-Hill Ryerson.
McAvoy, A. 2013. “Pipe had leak months before Hawaii molasses spill.” Accessed April 15, 2021. https://apnews.com/article/c23c76d3ddc6488b9b26b95a0c8bc2aa.
Office of Senator J. Kalani English. 2015. “Statement from state senate on the Matson molasses spill settlement.” Accessed May 5, 2021. https://www.kalanienglish.com/pressrelease_150729.php.
Osher, W. 2015. “Matson to pay $15.4 million in molasses spill settlement.” Accessed April 22, 2021. https://mauinow.com/2015/07/29/matson-to-pay-15-4-million-in-molasses-spill-settlement/.
Plater, Z. J. B., et al. 2016. Environmental law and policy: Nature, law, and society. Alphen aan den Rijn, Netherlands: Wolters Kluwer.
SBA Office of Advocacy. 2016. “Hawaii small business profile.” Accessed April 28, 2021. https://www.sba.gov/sites/default/files/advocacy/Hawaii.pdf.
Sinco, J. 2013. “Molasses spill impacts Matson 3rd quarter earnings.” Accessed April 15, 2021. https://finance.yahoo.com/news/molasses-spill-impacts-matson-3rd-223413280.html.
US DOJ (US Department of Justice). 2015. “Matson to pay $1 million for molasses spills.” US Attorney’s Office, District of Hawaii. Accessed May 6, 2021. https://www.justice.gov/usao-hi/pr/matson-pay-1-million-molasses-spills.
US EPA. 2017. “EPA settlement with Matson resolves 2013 molasses spill into Honolulu harbor.” Accessed May 6, 2021. https://archive.epa.gov/epa/newsreleases/epa-settlement-matson-resolves-2013-molasses-spill-honolulu-harbor.html.
Vecsey, G. 1971. “Two canoeists may win bounty in pollution case.” Accessed May 5, 2021. https://www.nytimes.com/1971/06/24/archives/two-canoeists-may-win-bounty-in-pollution-case.html.
Weston Solutions, Inc. 2014. “Annual compliance report 2013. Honolulu harbor and Kalaeloa Barbers point harbor, Hawaii.” Accessed April 28, 2021. https://hidot.hawaii.gov/harbors/files/2013/01/2013-Final-ACR.pdf.

Information & Authors

Information

Published In

Go to Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 14Issue 2May 2022

History

Received: May 21, 2021
Accepted: Nov 29, 2021
Published online: Jan 27, 2022
Published in print: May 1, 2022
Discussion open until: Jun 27, 2022

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Authors

Affiliations

Rachael Han
Research Assistant, Dept. of Civil Engineering, Univ. of Hawaii, Manoa, Honolulu, HI 96822.
Professor, Dept. of Civil Engineering, Univ. of Hawaii, Manoa, Honolulu, HI 96822 (corresponding author). ORCID: https://orcid.org/0000-0002-1450-1733. Email: [email protected]

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