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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