Michigan Attorney General Dana Nessel announced on Monday the arrest and arraignment of Rajinder Singh Minhas, 60, of Rochester, on multiple felony and misdemeanor charges for allegedly mismanaging and neglecting critical maintenance and upgrades at the Lockhart Chemical Company (Lockhart), resulting in the unauthorized oil discharge into the Flint River in 2022.
Minhas, who served as president, treasurer, and director of Lockhart, faces one count each of:
• Falsely Altering a Public Record, a 14-year felony;
• Uttering and Publishing a False or Altered Public Record, a 14-year felony;
• Substantial Endangerment to Public, a 5-year felony;
• Discharge of Injurious Substance to Waters of the State, a 2-year felony;
• False Statements and Omissions regarding Air Pollution Control, a 1-year misdemeanor; and
• General Violations of Air Pollution Control law, punishable by a fine of up to $10,000 for each day violations occur.
Minhas is additionally charged with 11 misdemeanor offenses for violating hazardous waste statutes, permits, or rules; conviction on these charges would require Minhas to pay for all costs of corrective actions associated with the violations, in addition to a potential 1-year of incarceration and a fine of up to $25,000.
Minhas is charged further with 9 misdemeanor violations of the State’s Liquid Industrial Waste law for allegedly discharging industrial by-products, violating reporting requirements following a discharge, and violating other provisions related to properly labeling chemical containers, maintaining adequate records, and the storage, disposal, protection, and discharge prevention of liquid industrial waste. Each count is punishable by a 6-month term of incarceration and/or a $1,000 - $2,500 fine for each day the violation occurred.
“Those who run a business have a responsibility to ensure their operations do not jeopardize public health or the environment, especially our precious water resources,” Nessel said. “Blatant neglect and disregard of this responsibility cannot be tolerated.”
“Water is a defining feature in Michigan, integral to public health and a clean environment,” said Phil Roos, EGLE director. “We should have little tolerance for those who violate the laws designed to protect them. Thanks to Attorney General Nessel and Sheriff Swanson for holding polluters to account.”
"It’s everyone’s responsibility to keep our world safe and free from contamination. When that responsibility is violated, there are consequences,” said Genesee County Sheriff Christopher R. Swanson. “I appreciate the hard work of the teams at EGLE and Department of Attorney General for holding this business owner accountable for polluting Flint.”
Lockhart was a Flint-based chemical processing facility that manufactured rust-preventative additives for the metalworking industry. On June 15, 2022, approximately 15,000 gallons of an oil-chemical mixture was released from Lockhart’s facility into the Flint River. An investigation and chemical fingerprinting analysis confirmed that the oil chemical mixture in the Flint River matched the material leaving Lockhart’s facility.
In September 2022, Attorney General Nessel announced the issuance of an Order by EGLE to Lockhart that required the company to immediately stop use of defective wastewater and stormwater conveyance systems, to pump the facility’s wastewater and stormwater for offsite disposal, to maintain and monitor a boom in the Flint River where the illicit discharge reached the river, and to repair or replace the defective conveyance systems. Lockhart has since filed for bankruptcy. Officials from the State of Michigan and the U.S. Environmental Protection Agency have been involved in the bankruptcy to ensure that the facility is managed appropriately to avoid further releases.
Minhas will next appear in the 67th Judicial District Court on January 2, 2025.
Minhas, who served as president, treasurer, and director of Lockhart, faces one count each of:
• Falsely Altering a Public Record, a 14-year felony;
• Uttering and Publishing a False or Altered Public Record, a 14-year felony;
• Substantial Endangerment to Public, a 5-year felony;
• Discharge of Injurious Substance to Waters of the State, a 2-year felony;
• False Statements and Omissions regarding Air Pollution Control, a 1-year misdemeanor; and
• General Violations of Air Pollution Control law, punishable by a fine of up to $10,000 for each day violations occur.
Minhas is additionally charged with 11 misdemeanor offenses for violating hazardous waste statutes, permits, or rules; conviction on these charges would require Minhas to pay for all costs of corrective actions associated with the violations, in addition to a potential 1-year of incarceration and a fine of up to $25,000.
Minhas is charged further with 9 misdemeanor violations of the State’s Liquid Industrial Waste law for allegedly discharging industrial by-products, violating reporting requirements following a discharge, and violating other provisions related to properly labeling chemical containers, maintaining adequate records, and the storage, disposal, protection, and discharge prevention of liquid industrial waste. Each count is punishable by a 6-month term of incarceration and/or a $1,000 - $2,500 fine for each day the violation occurred.
“Those who run a business have a responsibility to ensure their operations do not jeopardize public health or the environment, especially our precious water resources,” Nessel said. “Blatant neglect and disregard of this responsibility cannot be tolerated.”
“Water is a defining feature in Michigan, integral to public health and a clean environment,” said Phil Roos, EGLE director. “We should have little tolerance for those who violate the laws designed to protect them. Thanks to Attorney General Nessel and Sheriff Swanson for holding polluters to account.”
"It’s everyone’s responsibility to keep our world safe and free from contamination. When that responsibility is violated, there are consequences,” said Genesee County Sheriff Christopher R. Swanson. “I appreciate the hard work of the teams at EGLE and Department of Attorney General for holding this business owner accountable for polluting Flint.”
Lockhart was a Flint-based chemical processing facility that manufactured rust-preventative additives for the metalworking industry. On June 15, 2022, approximately 15,000 gallons of an oil-chemical mixture was released from Lockhart’s facility into the Flint River. An investigation and chemical fingerprinting analysis confirmed that the oil chemical mixture in the Flint River matched the material leaving Lockhart’s facility.
In September 2022, Attorney General Nessel announced the issuance of an Order by EGLE to Lockhart that required the company to immediately stop use of defective wastewater and stormwater conveyance systems, to pump the facility’s wastewater and stormwater for offsite disposal, to maintain and monitor a boom in the Flint River where the illicit discharge reached the river, and to repair or replace the defective conveyance systems. Lockhart has since filed for bankruptcy. Officials from the State of Michigan and the U.S. Environmental Protection Agency have been involved in the bankruptcy to ensure that the facility is managed appropriately to avoid further releases.
Minhas will next appear in the 67th Judicial District Court on January 2, 2025.
