Baton Rouge, LA – A Colorado-based company, Chemical & Metal Industries, Inc. (C&MI), has been sentenced following a decade-long investigation into a hazardous waste mislabeling scheme that directly led to the death of a Honeywell employee in 2003. The case, prosecuted by the U.S. Attorney’s Office for the Middle District of Louisiana in conjunction with the EPA’s Criminal Enforcement division and Louisiana State Police, highlights the deadly consequences of negligent hazardous waste handling and the importance of strict adherence to environmental regulations.
The tragedy unfolded on July 29, 2003, at Honeywell’s Baton Rouge plant when Delvin Henry, a plant employee, opened a one-ton cylinder expecting to find a relatively harmless refrigerant. Instead, approximately 1800 pounds of spent antimony pentachloride – a highly toxic and corrosive substance – violently released, striking and fatally injuring Henry. Subsequent investigations revealed C&MI had received the cylinder from a Honeywell facility in El Segundo, California, as hazardous waste. C&MI then improperly relabeled the cylinder, concealing its dangerous contents, before shipping it to the Baton Rouge plant where it remained for five years.
Timeline of Justice
The legal proceedings began in 2008 with an indictment charging C&MI with violations of the Resource Conservation and Recovery Act (RCRA) and the Clean Air Act (CAA). A superseding indictment followed, further detailing the negligence involved. On January 13, 2010, C&MI pled guilty to negligently releasing hazardous air pollutants, placing another person in imminent danger of death, a violation of 42 U.S.C. 7413(c)(4). The company’s actions weren’t merely administrative errors; they were criminal acts with fatal repercussions.
The sentencing, delivered on March 25, 2011, by Chief U.S. District Judge Ralph E. Tyson, reflected the severity of the offense. C&MI was ordered to serve a 24-month probationary period, pay a $1,000,000 fine, and provide $2,000,000 in restitution to the estate of Delvin Henry and his three children. This represents the largest criminal monetary penalty in the history of the Middle District of Louisiana.
A Pattern of Negligence
This case isn’t isolated. In 2008, Honeywell itself accepted responsibility for its role in the incident, pleading guilty to negligent endangerment under the Clean Air Act and agreeing to pay a staggering $8,000,000 in criminal fines, $2,000,000 in restitution to Henry’s children, and an additional $1,500,000 in community restitution to various Louisiana agencies. The combined penalties underscore the systemic failures that contributed to this tragedy.
Key Facts
- Defendant: Chemical & Metal Industries, Inc. (C&MI)
- Victim: Delvin Henry, Honeywell Employee
- Incident Date: July 29, 2003
- Location: Baton Rouge, Louisiana
- Laws Violated: 42 U.S.C. 6928(d)(2)(A) (RCRA – illegal hazardous waste storage) and 42 U.S.C. 7413(c)(4) (CAA – negligent release of hazardous air pollutant)
- Penalties: C&MI sentenced to 24 months probation, $1,000,000 fine, and $2,000,000 restitution. Honeywell paid $11,500,000 in fines and restitution.
- Hazardous Substance: Spent antimony pentachloride, a highly toxic and corrosive material.
“This sentencing demonstrates our commitment to enforce our nation’s environmental laws and prosecute violators who damage the environment and place workers in harm’s way,” stated U.S. Attorney Donald J. Cazayoux, Jr. “Corporations, like individuals, have a responsibility to comply with the law and a failure to do so will not be tolerated.” Ivan Vikin, Special Agent in Charge of EPA’s criminal enforcement program, added, “This company’s negligence led to the tragic death of an individual…This manner of doing business is not only dangerous it is criminal and it will not be tolerated.” The case serves as a stark reminder that prioritizing profit over safety and environmental compliance can have devastating, and ultimately, criminal consequences.
Source: EPA ECHO Enforcement Case Database
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