Department of Justice Seal

FOR IMMEDIATE RELEASE ENR TUESDAY, SEPTEMBER 2, 1997 (202) 514-2008 TDD (202) 514-1888 JUSTICE DEPARTMENT SUES DUPONT FOR RELEASING TOXIC CLOUD OVER EASTERN KENTUCKY TOWN WASHINGTON, D.C. -- E.I. Du Pont De Nemours and Company was sued today by the Justice Department for violating federal environmental laws for the 1995 release of highly toxic sulfuric acid fumes from its acid manufacturing plant in Wurtland, Kentucky. The lawsuit filed today in U.S. District Court in Lexington, Kentucky, alleged that Dupont failed to design and maintain a safe facility for handling hazardous substances, contain the leak once it occurred and notify the proper authorities promptly. Dupont was accused of violating federal environmental laws, including the Clean Air Act, with each violation carrying a maximum penalty of $25,000 per day. Dupont's Wurtland plant produces oleum, sulfuric acid and chlorosulfonic acid. Oleum is an extremely hazardous, viscous liquid also known as fuming sulfuric acid. When oleum is exposed to air, it combines with water vapor and forms a sulfuric acid mist. "Those that handle extremely toxic substances must act responsibly to prevent leaks like the one that occurred in Wurtland," said Lois Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division. "We brought this case because communities have a right to be protected from accidents like this." Joseph Famularo, United States Attorney for the Eastern District of Kentucky, said, "the general duty of care requirement under the Clean Air Act is an important enforcement mechanism for assuring that industries which handle toxic substances will act responsibly to prevent such air releases, and we must vigorously enforce against violators." The federal lawsuit alleged that on the evening of August 20, 1995, a cast iron pipe attached to an oleum storage tank at the Wurtland plant sheared off from a connecting valve, releasing more than 23,000 gallons of oleum over a period of four hours. The release caused a sulfuric acid gas cloud to form over the Wurtland area, forcing evacuations in two counties, causing personal injury to citizens, and damaging property. ### 97-359