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DuPont Pays $1.275M for Deadly Chemical Leaks
A settlement was reached between the U.S. and E.I. du Pont de Nemours and Company (DuPont) regarding eight alleged releases of hazardous substances at its Belle, W. Va. facility between May 2006 and January 2010. The incidents posed significant risk to people and the Kanawha River. One DuPont worker died after exposure to phosgene, a toxic gas released due to DuPont’s failure to comply with industry accident prevention procedures.
“Failing to follow laws meant to prevent accidents can have fatal consequences – as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”
As part of the settlement, DuPont will pay a $1.275 million penalty and take corrective actions to prevent future releases. The company will implement enhanced risk management operating procedures, develop an enhanced operating procedure to improve its management of change process, and improve procedures for notifying federal, state, and local responders of emergency releases.
DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes. Previously, on March 18, 2010, the U.S. EPA issued an administrative order to DuPont, which the company estimates it has spent approximately $6,828,750 to comply with.
On January 22, 2010, a leak of more than 2,000 pounds of methyl chloride was discovered at the facility. Later that day, a leak in a pipe containing the toxic gas oleum was found, and on January 23, a hose containing phosgene ruptured, resulting in the fatality of a worker exposed to phosgene.
The alleged risk management violations include failing to identify hazards that may result from accidental releases, design and maintain a safe facility, minimize consequences of accidental releases, follow recognized industry safety practices, train employees on how to respond to potential risks, frequently inspect and test equipment, and follow the company’s own procedures for responding to alarms.
The settlement is a result of several incidents, including five identified through EPA inspections. DuPont’s failure to comply with industry accident prevention procedures led to the tragic loss of a worker’s life and poses significant risk to the environment and public health.
Key Facts
- State: Federal
- Category: Environmental Crime
- Source: DOJ Press Release ↗
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