Local authorities evacuated more than 1,000 residents from their homes, and several people underwent treatment for burns to their eyes, nasal passages and lungs. DuPont was unable to stop the release, or to minimize it in any way. The Justice Department, on behalf of the EPA, sued DuPont in September 1997, alleging that DuPont failed to maintain a safe facility as required by the Clean Air Act. We will hold companies accountable when they neglect this responsibility. DuPont's own written standard for tanks and piping used for oleum storage, as well as chemical industry standards, indicate that cast iron is an inappropriate material for use in tanks that store oleum.
Cast iron is susceptible to corrosion and abrupt cracking when in contact oleum.
The case settled today is one of the first litigated under this provision, which was enacted by Congress following a massive chemical release from a Union Carbide plant in Bhopal, India. We will continue to vigorously use enforcement along with other cooperative approaches that benefit the environment. The government also asserted that DuPont violated provisions of two federal laws that require a company to immediately notify emergency response officials as soon as the company learns about a release of a hazardous substance exceeding a specified threshold. Under today's settlement, DuPont has agreed to upgrade the emergency notification systems for the 10 counties surrounding the Wurtland plant.