A frozen desserts is required to pay $122,518.89 to EPA’s Superfund program, with interest. The company manufactures and stores frozen desserts at its facility, which shares a building as a restaurant and theater and is located in close proximity to homes, schools and other businesses. After a 2010 ammonia release and a 2013 fire at the facility, EPA was contacted by Connecticut’s Department of Environmental Protection.
SPECIAL NOTE: This was the company called out in EPA’s Enforcement Alert – Anhydrous Ammonia at Refrigeration Facilities Under Scrutiny by U.S. EPA
During the inspection, inspectors smelled ammonia in certain areas of the facility, indicating a potential slow leak. They took measurements and found ammonia concentrations in some areas. In addition, a large tank that contained ammonia in the basement did not have functioning pressure relief valves. During the inspections, EPA discovered extremely dangerous conditions at the facility, such as no relief valves on an ammonia vessel. EPA determined that the removal of the ammonia from the system was necessary. In August 2014, EPA issued a Clean Air Act Section 303 emergency order which requires the facility to remove the ammonia and prohibits it from adding ammonia back into the system until unsafe conditions are addressed.
One of the early steps required the company to engage an ammonia refrigeration expert to develop a plan for safely removing the ammonia from the refrigeration system, and to submit to EPA the name and qualifications of that expert within three business days. However, the facility was unable to take these steps within three days. “Given that there was an ongoing release of ammonia, there were other dangerous conditions that could lead to a catastrophic release of all ammonia in the system, a long holiday weekend in which the facility’s ammonia refrigeration system would be left unattended was about to begin, and the facility was unable to secure a refrigeration expert to even start looking at the problems, EPA brought in its own qualified ammonia refrigeration expert to develop a plan for safe and immediate removal of the ammonia from the system. EPA was authorized to do this under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, she said.
EPA completed the work between Aug. 29 and Sept. 3, 2014 and coordinated with local emergency responders and businesses to make it “as safe as possible.”
However, the business said other experts who examined the facility, including EPA’s contractor to pump the ammonia out, said “there was no reason to do it.” The facility has switched to a Freon refrigeration system, without ammonia, and will restart operations in the coming weeks.
The company is required to make the payment 45 days after Dec. 10, when the EPA’s comment period has closed, provided the EPA doesn’t make adjustments based on comments received.
CLICK HERE for the case