HOUSTON – A stipulation of settlement between the U.S. Environmental Protection Agency and E.I. Du Pont de Nemours regarding a chemical spill was filed on July 23 in the Houston Division of the Southern District of Texas.
According to terms of the agreement between the plaintiff and defendant, E.I. Du Pont is to pay a civil penalty of $3.1 million within 30 days after the effective date of the stipulation to the U.S. Department of Justice. If the defendant fails to pay as directed, the court will add a penalty of $10,000 per day until the amount is paid as well as interest on the penalties.
The agreement will not be final until all parties have signed it and a judge has authorized the agreement.
This lawsuit was instigated by an accidental release of methyl mercaptan (MeSH) within the E.I. Du Pont chemical manufacturing facility at LaPorte on Nov. 15, 2014.
As stated in the stipulation of settlement, “MeSH is a regulated toxic chemical ... and may cause death or serious injury when inhaled. ... The EPA conducted an inspection of the facility in December of 2014 and identified alleged violations of the Clean Air Act and the Risk Management Program Regulations.”
Since then, E.I. Du Pont has ceased operations at La Porte and removed the process and equipment used in the manufacture of these products.
“Nothing contained in this stipulation shall be deemed to be, or construed as, an admission of liability by the defendant, either with respect to the claims and subject matter of the complaint or otherwise,” according to the stipulation.
There is a caveat if E.I. Du Pont does not pay as directed.
“If the payment specified in Section III is not made to the United States when due, then, in addition to other remedies herein, the United States reserves the right to move this Court to vacate this stipulation of settlement and judgment and reinstate this action,” the stipulation states.
In addition, the agreement states that E.I. Du Pont cannot deduct from its income tax any of the penalties paid.
It was agreed that both plaintiff and defendant would bear their own costs of this legal action. It was also agreed that this case be dismissed with prejudice.