Saturday, April 11, 2015

DOJ Announces $3 M Settlement over Ammonia Releases

The Department of Justice published a Notice of Lodging of Proposed Joint Stipulation of Settlement in Monday’s Federal Register (available on-line Saturday, 80 FR 19686-19687) concerning violations related to three anhydrous ammonia releases from the Millard Refrigerated Services facility in Theodore, AL; the latest release was the basis for the CSB safety video that I described in an earlier post.

The proposed settlement agreement will see Millard pay a $3M judgement for violations of the Risk Management Prevention regulations (36 counts), the General Duty Clause of the Clean Air Act (3 counts), the Emergency Preparedness and Community Right-To-Know Act (4 counts), and the Comprehensive Environmental Response, Compensation and Liability Act (4 counts).

Millard has already stopped all refrigeration services at the facility and is using it strictly as a warehouse, so the DOJ is not seeking injunctive relief.

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