Freedom Industries owners indicted, charged in chemical leak

Four owners and managers of Freedom Industries have been indicted and charged with federal violations of the Clean Water Act for failing to operate the company in an environmentally sound manner, resulting in the chemical leak that contaminated the drinking water of 300,000 people in January.

Dennis P. Farrell, William E. Tis, Charles E. Herzing and Gary L. Southern are 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.

Their negligence resulted in and caused the discharge of a pollutant, that is, MCHM, from point sources into the Elk River, according to the indictment, unsealed today by U.S. Magistrate Judge Dwane L. Tinsley.

The second count against each man is for unlawful discharge of refuse matter, and the third count is for negligent violation of permit condition.

Farrell, an owner of Freedom, is charged for his involvement with the company from Feb. 2002 to Jan. 9, 2014, the day of the spill.

Tis and Herzing, also owners, are charged for their involvement in the company from 2004 through at least Dec. 6, 2013.

Southern, the former chief operating officer of Freedom, is charged for his involvement with the company from May 2009 through Jan. 9, 2014.

In addition to the environmental charges, Southern also faces charges related to allegedly false statements he made to a federal bankruptcy court after the leak, as well as wire fraud and trying to conceal assets from the bankruptcy court.

Farrell, Tis, Herzing, and Southern failed to exercise their authority to ensure that Freedom operated the Etowah Facility in a reasonable and environmentally-sound manner when they knew or should have known of the facts and circumstances constituting Freedoms negligence, the indictment unsealed today says.

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Freedom Industries owners indicted, charged in chemical leak

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