Gary Southern, Environmental Crimes, West Virginia 2015

CHARLESTON, W.Va. – In a move that sends a strong message to those who put our precious water resources at risk, Gary Southern, former president of Freedom Industries, has pleaded guilty to violating the federal Clean Water Act and other environmental crimes.

The guilty plea comes after Southern’s company, Freedom Industries, was charged with violating the Clean Water Act, negligently discharging refuse matter in violation of the federal Refuse Act, and violating an environmental permit. A representative of the corporation entered a guilty plea to those charges on its behalf in March 2015.

Southern, 53, faces a mandatory minimum of 30 days and up to three years in federal prison when he is sentenced on December 16, 2015. His criminal conduct included failure to properly maintain the containment area surrounding the tanks at Freedom’s Elk River facility and to make necessary repairs to ensure the containment area would contain a chemical spill, failure to properly inspect a tank containing the chemical MCHM, and failure to develop and implement a spill prevention, control and countermeasures plan.

The guilty plea is the latest development in a case that began in December 2014, when Freedom Industries, Inc., and six former Freedom officials, including Southern, were charged with various federal crimes related to the January 2014 Elk River chemical spill in Charleston, W.Va., which ultimately affected the water supply of more than 300,000 people.

The case has been a high-profile one, with many calling for greater accountability from those responsible for the spill. As U.S. Attorney Booth Goodwin said, ‘This should serve as a wake-up call to those who operate chemical storage facilities near our precious water resources. If you place our water at risk, you face prison time.’

Dennis P. Farrell, 58, a former Freedom president and owner, also pleaded guilty to violating the federal Refuse Act and failing to have a pollution prevention plan. He faces a mandatory minimum of 30 days and up to two years in federal prison when he is sentenced on December 14, 2015.

The case is a reminder that those who engage in criminal behavior will be held accountable. As Goodwin said, ‘If we don’t want it to happen again, we need to make it crystal clear that those who engage in this kind of criminal behavior will be held accountable. That’s exactly what we have done through these prosecutions.’

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