On September 27, 2017, Region 1 referred to DOJ a civil judicial action against Stavis Seafoods, Inc. The proposed action addresses CAA, EPCRA, and CERCLA violations committed at the companies? seafood processing and distribution plant in Boston, MA. The plant has an industrial refrigeration system that uses ammonia as a refrigerant. Ammonia is an extremely hazardous substance subject to CAA Section 112(r)?s chemical accident prevention requirements and EPCRA?s hazardous chemical reporting requirements. The violations include failure to comply with the General Duty Clause (GDC) of CAA Section 112(r), EPCRA Section 312, and CERCLA Section 103(a). A release of ammonia occurred at the plant in March 2016 that resulted in the death of an employee. EPA is seeking a penalty, but is not seeking injunctive relief at the Boston facility, since the company is no longer operating at this site. EPA?s preliminary penalty calculation is $503,530, but the companies may have an inability to pay. CAA 112(r) enforcement is not delegated to the Commonwealth of Massachusetts.
12/12/18 The parties signed a Stipulation of Settlement under which Defendant agrees to pay a $700,000 civil penalty. The relevant facility is no longer in operation, so injunctive relief is not necessary or appropriate in the final order. Injunctive relief at this facility was already captured in ICIS from the compliance order issued in September 2016.