Smyrna, GA – Carlos Conde, former plant manager at Apollo Industries, has completed a year of probation and paid a $2,000 fine for illegally directing the discharge of a toxic chemical into Georgia waterways, resulting in a significant fish kill and environmental damage. The incident, which occurred in August 2016, came to light following a criminal investigation by the U.S. Environmental Protection Agency (EPA).
On the evening of August 12, 2016, a leak was discovered in a batching tank containing carburetor cleaner at the Apollo Industries facility. The cleaner, containing the hazardous substance naphthalene, began to spill. The following morning, employees alerted Conde, who arrived on scene and, rather than containing the spill through proper hazardous material protocols, instructed workers to wash the chemical directly into a tributary of Nickajack Creek, ultimately flowing into the Chattahoochee River. Witnesses described the water quickly turning milky white and opaque.
The immediate impact on the local ecosystem was devastating. Investigators documented a widespread kill of aquatic wildlife, including fish and frogs, within the affected stretch of Nickajack Creek. The EPA’s investigation revealed that Conde’s actions were a deliberate attempt to conceal the spill and avoid proper reporting procedures. Furthermore, during interviews with an EPA Special Agent, Conde twice denied any involvement in directing the washdown of the chemical, adding a charge of false statements to the environmental crime.
Legal Ramifications
Conde pled guilty on January 24, 2019, to violating the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(2)(A), which prohibits the discharge of pollutants into navigable waters without a permit. This section of the CWA carries significant penalties for those who knowingly violate its provisions. On June 25, 2019, Conde was sentenced to twelve months of probation, with the first four months to be served under home detention, in addition to the $2,000 fine. The sentence reflects the seriousness with which federal authorities are treating environmental crimes and the importance of responsible industrial practices.
Industry Oversight & Future Prevention
This case highlights the critical need for robust environmental safeguards within industrial facilities and the importance of employee training in handling hazardous materials. While Apollo Industries is not named as a defendant in this case, the incident raises questions about the company’s oversight and safety protocols. The EPA continues to emphasize the importance of prompt reporting of spills and adherence to environmental regulations to protect the nation’s waterways and public health.
Key Facts
- Defendant: Carlos Conde
- Location: Apollo Industries, Smyrna, Georgia
- Date of Incident: August 12, 2016
- Crime: Illegal discharge of a toxic chemical (carburetor cleaner containing naphthalene) into Nickajack Creek and the Chattahoochee River.
- Statute Violated: 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
- Penalty: 12 months probation (4 months home detention) and a $2,000 fine.
- Impact: Significant fish and wildlife kill in Nickajack Creek.
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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