FOR IMMEDIATE RELEASE	CIV

WEDNESDAY, JANUARY 28, 1998	(202) 616-2765

	TDD (202) 514-1888




PRESIDENT OF COLORADO ENERGY COMPANY SENTENCED TO JAIL FOR 


ILLEGALLY SHIPPING HAZARDOUS MATERIALS 


	WASHINGTON, D.C. --  John M. D'Angelo, owner and president
of UtilityFree, Inc., has been sentenced to nearly 2 years in
prison for illegally shipping hazardous substances, the Justice
Department announced today.

	Magistrate Judge Richard M. Borchers of the U.S. District
Court in Denver sentenced D'Angelo on Tuesday after he plead
guilty to 15 counts of illegally shipping hazardous substances,
in violation of the Federal Hazardous Substance Act and the
Poison Prevention Packaging Act.  The shipped substances included
potassium hydroxide and lithium hydroxide, chemicals used to
maintain batteries in solar powered homes.	

	UtilityFree, an "alternative energy source" company, shipped
potassium hydroxide solution in re-used plastic milk containers
and distilled water containers which lacked child-resistant
closures and proper cautionary labeling.

	In December 1993, a 15 year old boy mistook the clear,
odorless liquid shipped by D'Angelo in a milk jug for water,
drank from the milk jug, and died two weeks later from severe internal injuries.  After the child's death, D'Angelo continued
to ship potassium hydroxide solid, a product resembling soap
flakes, in plastic bags with twist-tie closures.  

	"This case shows that violating the Federal Hazardous
Substances Act is a serious offense that can result in severe
injury," said Frank Hunger, Assistant Attorney General for the
Civil Division.

	   The case was investigated by the Federal Consumer Product
Safety Commission (CPSC) after the Colorado Department of Public
Health and Environment brought D'Angelo's conduct to their
attention.

	"We will continue to vigorously enforce the law and we
commend the work of the CPSC in this case," added Hunger. 	

 	"This case is an excellent example of how state and federal
law enforcement officials can work together to protect the
public," said Henry Solano, U.S. Attorney in Denver.

	The Federal Hazardous Substances Act prohibits the shipment
of hazardous substances in reused food containers and requires
that hazardous substances contain proper warning labels
containing safety information.  The Poison Prevention Packaging
Act requires that certain chemicals be marketed in child-resistant packaging.  D'Angelo, who was sentenced to 23 1/2
months in prison, violated both laws.

	Prosecutor Deborah S. Smolover from the Department of
Justice Office of Consumer Litigation was lead counsel on the 
case.




98-030
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