TLDR
For nineteen days in late 2022, a chemical facility in Kankakee, Illinois, released a massive quantity of dangerous chemicals into the air while the surrounding community remained completely unaware. Legal records reveal that Kensing, LLC allowed approximately 18,640 pounds of a hazardous substance to escape its facility, significantly exceeding federal safety limits. When the company finally identified the leak, it delayed notifying federal and state emergency responders and failed entirely to inform the local emergency committee.
This silence put residents and first responders at risk, illustrating a systemic failure where corporate operational interests eclipsed public safety obligations.
Please continue reading for an in-depth analysis of how regulatory gaps and profit-driven motives allowed this crisis to persist.
A Nineteen-Day Silence
The corporate misconduct at the Kensing facility in Kankakee centers on a prolonged release of 1,2-dichloroethane, a chemical classified as a significant health hazard. Between September 21 and October 10, 2022, the facility emitted this substance into the atmosphere at a rate of roughly 1,002 pounds per day.
This daily leak rate was ten times higher than the federal threshold requiring immediate reporting.
Records show that the company gained knowledge of the release at noon on October 10. By 12:35 PM, they confirmed the leak had far exceeded legal safety limits. However, the company allowed critical time to pass before alerting the National Response Center and the Illinois Emergency Management Agency.
Most significantly, the company failed to notify the Kankakee County Local Emergency Planning Committee, the very group responsible for protecting the immediate neighborhood.
Timeline of the Kensing Chemical Release
| Date & Time | Event | Impact |
| September 21, 2022 (4:43 PM) | Leak begins at the Kankakee facility. | Hazardous chemicals start entering the local air. |
| Sept 21 – Oct 10, 2022 | Continuous chemical release. | Total of 18,640 pounds emitted over 19 days. |
| October 10, 2022 (12:00 PM) | Company discovers the leak. | Corporate awareness begins after 19 days of exposure. |
| October 10, 2022 (12:35 PM) | Company confirms the leak is over safety limits. | Legal obligation for “immediate” notice is triggered. |
| October 10, 2022 (1:12 PM) | Notification sent to federal authorities. | A delay occurs while the community remains uninformed. |
| October 10, 2022 (1:24 PM) | Notification sent to state authorities. | State responders are alerted nearly an hour after confirmation. |
| Ongoing | Local emergency committee remains unnotified. | The local community is left without direct corporate warning. |
Regulatory Capture and the “Cost of Doing Business”
This case highlights the structural flaws of neoliberal capitalism, where government agencies like the EPA often lack the teeth to deter multi-million dollar corporations. The total penalty assessed for these violations was $75,000. That btw is a sum that many large firms view as a minor operational expense rather than a meaningful punishment.
Our current neoliberal system relies heavily on “self-reporting,” a mechanism that assumes corporations will prioritize transparency over their own reputation.
When an evil corporation fails to report a leak immediately, it effectively bypasses the emergency response infrastructure designed to protect human life. In this instance, the delay in reporting hindered the government’s ability to respond to the emergency and posed a direct threat to the health of Kankakee residents.
Profit-Maximization vs. Public Health
Under the logic of late-stage capitalism, corporate structures are incentivized to minimize the visibility of operational failures. Every minute spent reporting a chemical leak is a minute of public scrutiny and potential liability. By delaying notifications, the company maintained control over the narrative of the spill while the public breathed in the fallout.
The decision-making process at the Kensing facility reflected an incentive structure that prioritizes shareholder value and operational continuity over the immediate safety of the surrounding community. This mindset treats the local environment and the lungs of nearby residents as external factors that don’t appear on a corporate balance sheet for the investors to see.
Local Lives Undermined
The failure to notify the Local Emergency Planning Committee (LEPC) is the most damning aspect of this misconduct. The LEPC is the primary bridge between industrial facilities and the families living next door. By keeping this committee in the dark, the company stripped the people of Kankakee of their right to know what they were breathing.
This lack of transparency left emergency responders unprepared for potential health crises. Residents were denied the opportunity to take protective measures, such as staying indoors or monitoring their children for symptoms of chemical exposure. The physical impact of 1,2-dichloroethane as a health hazard means that these residents faced risks that could have been mitigated by a simple, timely phone call.
Corporate Accountability Fails the Public
The outcome of this legal action (a settlement without a formal trial) shows how the legal system often facilitates a quiet exit for corporate offenders.
The $75,000 fine is a smol fraction of the maximum possible penalty of $69,733 per day of violation. By settling, the company avoided the risk of much higher fines and the public exposure of a full court case. This “legal minimalism” allows corporations to comply with the bare form of the law while violating the spirit of public safety.
The Kensing case is a clear example of how the system is working exactly as intended: it protects corporate assets and allows for the monetization of environmental harm through small, manageable fines.
Assessment: Serious or Frivolous?
This legal action represents a serious and documented grievance. The volume of the chemical release (it being over nine tons) combined with a nineteen-day delay in discovery and a total failure to notify local authorities, constitutes a major breach of public trust. These documented facts show a clear pattern of negligence that directly undermined the safety infrastructure of Kankakee County.
The consent agreement can be viewed on the EPA’s website if you want to fact check me: https://yosemite.epa.gov/OA/RHC/EPAAdmin.nsf/Filings/3517F4D2E924713B85258B25007E76D6/$File/CERCLA-05-2024-0005_EPCRA-05-2024-0013_CAFO_KensingLLC_KankakeeIllinois_12PGS.pdf
💡 Explore Corporate Misconduct by Category
Corporations harm people every day — from wage theft to pollution. Learn more by exploring key areas of injustice.
- 💀 Product Safety Violations — When companies risk lives for profit.
- 🌿 Environmental Violations — Pollution, ecological collapse, and unchecked greed.
- 💼 Labor Exploitation — Wage theft, worker abuse, and unsafe conditions.
- 🛡️ Data Breaches & Privacy Abuses — Misuse and mishandling of personal information.
- 💵 Financial Fraud & Corruption — Lies, scams, and executive impunity.
