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Indictment: 2 Kan. Companies At Fault for Toxic Cloud Over Atchison in 2016

TOPEKA, KAN. – Two Kansas companies were indicted today on federal charges of safety violations that caused a greenish-yellow toxic chlorine gas cloud to form over the city of Atchison in October 2016, according to U.S. Attorney Stephen McAllister.

Huge Chemical plume over Atchison Kansas in October 2016-photo courtesy Corie Dunn

A web page, a phone line and an email address have been set up for victims to provide and receive information on the case.

The indictment alleges more than 140 people sought medical attention after 4,000 gallons of sulfuric acid combined with 5,800 gallons of sodium hypochlorite to form a toxic cloud that covered the city for 45 minutes until emergency personnel arrived to turn off the flow.

Midwest Grain Products, Inc., of Atchison, Kan., and Harcros Chemicals, Inc., of Kansas City, Kan., are charged with Clean Air Act violations that put the public in danger.

The indictment alleges that on Oct. 21, 2016, a driver for Harcros pulled a truck into Midwest Grain’s facility in Atchison to deliver sulfuric acid. An operator for Midwest Grain helped the driver access the transfer equipment. When the driver mistakenly connected the sulfuric acid line to the sodium hypochlorite line, toxic gas began to form. The indictment alleges both men violated safety rules by failing to verify that the connection was correct and failing to monitor the transfer.

Victims can get more information on US v. Midwest Grain Products, Inc., by visiting https://www.justice.gov/usao-ks/victim-witness and filling out a victim questionnaire, leaving a message on a designated phone line at 913-551-6543 or emailing questions to [email protected] .

If convicted, the defendant companies face the following penalties: Count one, violation of general duty clause: A fine up to $500,000. Count two, knowingly releasing a hazardous pollutant: A fine up to $1 million. Count three (alternate to count two), negligently releasing a hazardous pollutant: A fine up to $200,000.

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