Byron Hamilton, Negligent Endangerment, Louisiana 2006

Byron Hamilton, 66, vice-president and general manager of the Pelican Refinery in Lake Charles, La., has pleaded guilty to federal negligent endangerment charges under the Clean Air Act.

According to the charges filed in federal court, Hamilton negligently caused the release of hazardous air pollutants, including hydrogen sulfide, an extremely hazardous substance, into the air which placed persons in imminent danger of death and serious bodily injury.

The federal investigation was initiated after a March 2006 inspection by the Louisiana Department of Environmental Quality and EPA when inspectors found unsafe operating conditions, including unpermitted releases of hydrogen sulfide, storage of crude oil in unrepaired storage tanks, failure to repair emissions monitoring and control equipment, and the use of plastic children’s swimming pools to contain petroleum leaks.

In pleading guilty, Hamilton acknowledged that his negligence in overseeing operations at the refinery was a proximate cause of the releases and associated risks. Hamilton faces up to one year in prison and a $200,000 fine for each of the two Clean Air Act counts.

The company that Hamilton managed had no company budget, no environmental department and no environmental manager; In order to comply with a permit issued under the Clean Air Act, the refinery was required to use certain key pollution prevention equipment, but that equipment was either not functioning, poorly maintained, improperly installed, improperly placed into service and/or improperly calibrated, such that there were releases of pollutants into the atmosphere and at the refinery.

The government’s investigation of the Pelican Refinery is continuing. Under the Crime Victims’ Rights Act, crime victims are afforded certain statutory rights including the opportunity to attend all public hearings and provide input to the prosecution. Any person adversely impacted is encouraged to visit www.justice.gov/usao/law/vicwit/index.html to learn more about the case and the Crime Victims’ Rights Act or you may contact the Victim Witness Coordinator for the U.S. Attorney’s Office, Western District of Louisiana, Vicki Chance at 318-676-3600.

Related Federal Cases