Two officials at a Lilly Grove water company were arrested Thursday in connection with the release of chlorine gas at one of its well sites, located off CR 811, on Jan. 7.
Donna Harris and W.E. Laboyteaux, respectively manager and general manager of Lilly Grove Special Utility District, face charges of reckless emission of an air contaminant and endangerment.
There is also a warrant out for the arrest of another employee of the water company, Don Barrett, who charged with the same crime. A source identifying himself as Bones Barrett leaked news of the chlorine dispersal to the Sentinel in January and recorded it with a camera.
Texas Parks and Wildlife and the Texas Commission on Environmental Quality headed the investigation in which it was initially alleged that a leaking 100-pound canister of chlorine was disposed into the air by well site employee Ricky Allen under the instruction of Manager Donna Harris, according to a complaint filed in January with the TCEQ. Allen does not face any charges in connection with the incident.
Liquid chlorine, a contaminant when airborne, is harmful to the eyes, skin and mucous membranes and can be fatal if ingested in high concentrations. Its dispersal into the air is a criminal offense.
A Nacogdoches grand jury indicted the water company on June 19. When the indictment came against the company, considered separately from the individuals, the district attorney's office informed Laboyteaux and Harris that an arrest would be forthcoming, and their respective attorneys made arrangements to have them surrender, Lee Westmoreland, assistant district attorney, said.
The investigation was presented to the county district attorney's office, and arrests were made accordingly, he said.
According to the January complaint, Laboyteaux told investigators he was "retired" and usually came in "about a day a week." He also told investigators that the company did not have a written procedure for moving and handling chlorine cylinders.
The report alleged that the company committed the following violations:
-Failure to have the production, treatment, and distribution facilities operated under the direct supervision of a licensed operator.
-Failure to ensure that operators are trained regarding the use of all chemicals used in the treatment process, and the training program shall meet standards established by OSHA or the Texas Hazard Communications Act.
-Failure to have a thorough plant operations manual that covers normal operating procedures, such as changing cylinders and emergency procedures.
-Failure to have a SCBA readily accessible and immediately available to the operator in the event of an emergency.
Laboyteaux and Harris face a maximum sentence of five years in prison, but the prosecutors will not seek the maximum sentence, Westmoreland said. The company faces a maximum fine of $500,000 for the same charge.
A spokesperson for the company who answered the phone Thursday said it is still operating routinely.
Westmoreland said the company has no obligation to shut down its facilities.
"It's certainly not our intention to have them shut down," he said. "We don't want them to, and even if we did, this is not a prosecution that is aimed at trying and ending the water company."
