A seafood distribution company that formerly operated in Boston, Mass. will pay a cash penalty, subject to court approval, settling allegations by the U.S. EPA that the company violated federal environmental laws relating to the use of anhydrous ammonia, sulfuric acid, and lead at its facility. Under the settlement, the company has agreed to pay $700,000 in civil penalties. The settlement agreement resolves claims in a Complaint filed by the U.S. Department of Justice on behalf of EPA simultaneously with the settlement, including failure to comply with accident prevention and mitigation provisions of the Clean Air Act, hazardous chemical reporting requirements of the Emergency Planning and Community Right-to-Know Act, and chemical release notification requirements of the Comprehensive Environmental Response, Compensation, and Liability Act.
Many of the violations relate to a March 23, 2016 incident in which more than 2,100 pounds of anhydrous ammonia was released from the refrigeration system at the facility. The facility was located in a densely populated, urban neighborhood, in close proximity to hotels, restaurants, residences, and other businesses. In addition to the death of one of the company’s employees, during the release, streets were shut down and sheltering in place was ordered for several hours.
The alleged violations include the company’s failure to comply with the “general duty clause” of the Clean Air Act, under which facilities using hazardous chemicals must identify hazards, design and maintain the facility in a safe manner by taking action to prevent accidental releases, and take steps to minimize the consequences of any accidental releases that do occur. Other violations alleged in the Complaint include the failure to notify national emergency response authorities about the ammonia release and failure to submit hazardous chemical inventory forms to state and local emergency response agencies.
Following the release, the company removed the remaining ammonia from the facility in accordance with a compliance order issued by EPA. No injunctive relief was required since the facility is no longer in operation. The company fully cooperated with EPA throughout the enforcement process.
https://www.epa.gov/newsreleases/boston-seafood-distributor-pay-700000-under-settlement-epa-and-doj-alleged-chemical
https://www.justice.gov/enrd/consent-decree/us-v-stavis-seafoods