A release from the company stated that the Guaracara River has been historically impacted by industrial activity for at least 60 years.
The EMA said it is unable to take action against Petrotrin because of its aged infrastructure which is not facilitated under the Certificate of Environmental Clearance Rules of 2001.
Petrotrin told the EMA that MP6 tank which spilled the oil was built in 1962.
Last year the company was fined $20 million dollars following a number of spills off the coast of south Trinidad.
It was largest fine issued by the Authority since its inception.
Petrotrin will submit plans to the Government for the restoration of the river.