Baton Rouge, LA – Honeywell International Inc. was sentenced to a $12 million penalty following a guilty plea to a Clean Air Act violation stemming from a 2003 incident that resulted in the death of a plant worker at its Baton Rouge facility. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) and the Louisiana State Police, revealed a pattern of negligence in the handling and mislabeling of hazardous materials.
According to court documents, Delvin Henry, a Honeywell employee, opened a one-ton cylinder on July 29, 2003, believing it contained a non-toxic refrigerant. Instead, the cylinder violently released approximately 1800 pounds of spent antimony pentachloride, a highly corrosive and toxic substance. Henry was immediately struck by the released material and succumbed to his injuries the following day. The investigation determined the cylinder had originated at Honeywell’s El Segundo, California plant in 1998 and was falsely labeled before being shipped to Louisiana.
The mislabeled cylinder sat at the Baton Rouge plant for five years before being opened. Federal prosecutors argued Honeywell knowingly misrepresented the contents of the cylinder, creating a dangerous and ultimately fatal situation for its employee. The company’s failure to properly identify and label the hazardous material constituted a clear violation of environmental regulations and workplace safety standards. The case highlights the critical importance of accurate labeling and handling procedures for hazardous substances in industrial settings.
Timeline of Events
On February 13, 2007, Honeywell pled guilty to one count of violating the Clean Air Act (42 U.S.C. 7413(c)(4)), which addresses the negligent release of hazardous air pollutants. The charge specifically relates to the negligent endangerment of another person. On September 13, 2007, Chief Judge Ralph E. Tyson of the U.S. District Court handed down the sentence, which includes a $8 million criminal fine, $2 million in restitution to the victim’s three children, and $2.75 million in community restitution distributed to various Louisiana state agencies.
Penalties and Restitution
The $2.75 million in community restitution was divided as follows: $750,000 to the Louisiana Department of Environmental Quality, $750,000 to the Louisiana State Police Hazardous Materials Unit, and $500,000 to the Louisiana State Police Emergency Operations Center. U.S. Attorney David R. Dugas emphasized the Justice Department’s commitment to enforcing environmental laws and ensuring worker safety. “Corporations, like individuals, have a responsibility to comply with the law,” Dugas stated. “Honeywell has done the right thing by accepting responsibility and cooperating with the investigation.”
EPA and State Response
Granta Nakayama, Assistant Administrator for the EPA’s enforcement and compliance assurance program, underscored the severity of the consequences resulting from environmental crimes. “The tragic death of an employee may have been avoided if Honeywell had simply followed the law,” Nakayama said. “EPA will vigorously pursue corporations whose failure to comply with environmental laws threaten human health and the environment.” Harold Leggett of the Louisiana Department of Environmental Quality added that the department would continue to work with Honeywell to address any remaining environmental non-compliances at the facility.
Key Facts
- Defendant: Honeywell International Inc.
- Crime: Clean Air Act Violation (negligent release of hazardous air pollutant)
- Location: Baton Rouge, Louisiana
- Year: 2007 (incident occurred in 2003)
- Victim: Delvin Henry, Honeywell Plant Worker
- Hazardous Material: Spent Antimony Pentachloride (1800 pounds released)
- Statute Violated: 42 U.S.C. 7413(c)(4)
- Total Penalties: $12 million (fine and restitution)
Assistant U.S. Attorney Corey R. Amundson prosecuted the case.
Source: EPA ECHO Enforcement Case Database
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