Baton Rouge, LA – A Colorado-based company, Chemical & Metal Industries, Inc. (C&MI), has been sentenced following a protracted legal battle stemming from a 2003 incident that resulted in the death of a Honeywell employee. The case, investigated by the U.S. Environmental Protection Agency (EPA) and the Louisiana State Police, revealed a pattern of negligence in the handling and mislabeling of hazardous waste, ultimately contributing to the fatal injury of Delvin Henry.
On July 29, 2003, Henry, a worker at Honeywell’s Baton Rouge plant, opened a one-ton cylinder expecting to find a relatively harmless refrigerant. Instead, approximately 1800 pounds of highly toxic and corrosive spent antimony pentachloride violently discharged, striking and fatally injuring Henry. Investigations revealed that C&MI, based in Colorado, had originally received the cylinder as hazardous waste, improperly relabeled it, and shipped it to Honeywell for storage for five years before the tragic incident.
Timeline of Legal Action
C&MI was initially charged in March 2008 with violations of the Resource Conservation and Recovery Act (RCRA) and the Clean Air Act (CAA). A superseding indictment in April 2008 further detailed the allegations, focusing on negligent release of hazardous air pollutants. After years of legal proceedings, C&MI pleaded guilty in January 2010 to negligently causing the release of hazardous air pollutants, placing another person in imminent danger of death—a violation of 42 U.S.C. 7413(c)(4). The sentencing, handed down on March 25, 2011, included a two-year probation, a $1,000,000 fine, and $2,000,000 in restitution to Henry’s estate.
The case highlights the dangers of improper hazardous waste management and the potentially devastating consequences of prioritizing cost-cutting over worker safety and environmental compliance. Ivan Vikin, Special Agent-in-Charge of EPA’s Office of Criminal Enforcement, emphasized that such negligence is not merely a “paper” violation but a criminal act with real-world repercussions. This sentencing represents the largest criminal monetary penalty in the history of the Middle District of Louisiana.
Legal Violations and Penalties
C&MI was found to have violated 42 U.S.C. 6928(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA), pertaining to the illegal storage of hazardous waste without a permit, and 42 U.S.C. 7413(c)(4) of the Clean Air Act (CAA), concerning the negligent release of hazardous air pollutants. The company faced a maximum penalty of five years probation and a fine of up to $500,000, twice the gross gain from the offense, or twice the gross loss. Ultimately, the court imposed a $1,000,000 fine and $2,000,000 in restitution.
This case follows a similar resolution in 2008 where Honeywell accepted responsibility for its role in the incident, pleading guilty to negligent endangerment and agreeing to pay $8,000,000 in fines and $4,500,000 in restitution to various Louisiana state agencies and the victim’s family. U.S. Attorney Donald J. Cazayoux, Jr. stated the Department of Justice remains committed to enforcing environmental laws and ensuring worker safety, emphasizing that corporations, like individuals, are accountable for their actions.
Key Facts
- Defendant: Chemical & Metal Industries, Inc. (C&MI)
- Location: Baton Rouge, Louisiana; originating in Colorado
- Date of Incident: July 29, 2003
- Victim: Delvin Henry, Honeywell Employee
- Hazardous Material: Spent antimony pentachloride (approximately 1800 pounds)
- Statutes Violated: 42 U.S.C. 6928(d)(2)(A) (RCRA), 42 U.S.C. 7413(c)(4) (CAA)
- Penalties: 2 years probation, $1,000,000 fine, $2,000,000 restitution
The investigation and prosecution of C&MI serve as a stark reminder of the critical importance of stringent hazardous waste management practices and the severe consequences awaiting those who disregard environmental regulations and endanger human lives.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Chemical & Metal Industries, Inc., Environmental Crime, LA 2011 · New York
- Protex Industries, Environmental Crime, CO 1989 · Oklahoma
- Daniel Bello Argil, Environmental Crime, CO 2003 · Oklahoma
- Rockwell International, Environmental Crime, CO 1992 · Oklahoma
- Wheat Ridge Sanitation District, Environmental Crime, CO 1993 · Oklahoma
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