Patrol boat on the Elk River motors past Freedom Industries plant.
In January, a rusty holding tank owned by Freedom Industries leaked thousands of gallons of a coal-washing chemical into the Elk River of West Virginia. Consequently, drinking water supplies were tainted for more than 300,000 of the state's residents. A month after the spill, traces of the chemical—4-methylcyclohexanemethanol, or MCHM— were still being found coming out of the faucets at certain locations, including two public schools. Millions of dollars were lost because of temporary business shutdowns related to a spill that could have been avoided if the company had paid attention to controlling the chemical.
In a 37-page indictment made public Wednesday, the U.S. Department of Justice charged four former executives and two former supervisors of the plant with various counts. David Gutman reports:
Dennis P. Farrell, William E. Tis, Charles E. Herzing and Gary L. Southern were each charged with three counts of violating the Clean Water Act.
Each man is charged with failing to meet a “reasonable standard of care” in running the company. […]
“Farrell, Tis, Herzing and Southern approved funding only for those projects that would result in increased business revenue for Freedom or that were necessary to make immediate repairs to equipment that was broken or about to break,” the indictment says. It says that they failed to take any action to fund other repairs necessary for upkeep or improvements.
In addition to their indictments, two other former employees, plant manager Michael E. Burdette and environmental compliance officer Robert J. Reynolds, were each charged with one count of Clean Water Act violations. U.S. Attorney Booth Goodwin said:
“This spill, which was completely preventable, happened to take place in this district, but it could have happened anywhere. […] If we don’t want it to happen again, we need to make it crystal clear that those who engage in the kind of criminal behavior that led to this crisis will be held accountable.”
Southern, the former chief operating officer of the company, faces other charges as well. He was arrested last week for lies the government says he has told in bankruptcy proceedings, but he wasn't indicted until Wednesday. The charges are bankruptcy fraud, wire fraud and lying under oath. If convicted, he could be sentenced to 68 years in prison. Farrell, Herzing and Tis could get three years apiece, with up to a year apiece for Burdette and Reynolds.