Environmental Criminal Enforcement/Clean Air Act: Dalles, Oregon, Aluminum Processing Facility Charged with Negligent Endangerment

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Attorney’s Office for the District of Oregon (“Department of Justice [“DOJ”]) issued an August 24th news release stating that Hydro Extrusion USA (“Hydro”) had been charged with negligent endangerment under the Clean Air Act.

Hydro is described as an Illinois-based company that operates an aluminum processing facility in The Dalles, Oregon.

The company is stated to have been charged by criminal information.

The secondary aluminum processing facility is stated to melt aluminum scrap in induction furnaces to produce reusable aluminum billets. Court documents are stated to indicate that:

. . . While operating, air emissions from the company’s furnaces were open to the interior of the building and did not pass through any pollution control devices before reaching employees or being vented to ambient air.

The DOJ news release alleges that under the Clean Air Act secondary aluminum production facilities are only permitted to use “clean charge” which is referenced as including aluminum scrap free of paints, coatings or lubricants. It is alleged that from July 2018 through June 2019:

. . . Hydro acquired and melted scrap aluminum coated in a mineral-oil based mixture that, when combusted, produced hazardous smoke. During this time, Hydro employees noticed excessive smoke in the facility. Despite being notified by inspectors from EPA and the Oregon Department of Environmental Quality (Oregon DEQ), Hydro continued melting the unclean charge.

Hydro is stated to have fully cooperated with the government’s investigation of the matter and agreed to plead guilty.

A copy of the news release can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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