Boston, Massachusetts-based seafood supplier Stavis Seafoods has come to an agreement with the U.S. Environmental Protection Agency to pay a USD 700,000 (EUR 616,500) cash penalty for violations of numerous environmental laws, including infringements that may have been contributing factors in the death of an employee following an ammonia leak at the company’s Boston, Massachusetts warehouse in 2016.
Stavis employee Brian Caron was overcome by noxious ammonia fumes and died during the 23 March, 2016, incident. Four other employees inside the 7 Channel Street facility, in Boston’s Seaport District, when the leak occured were able to escape.
In a public announcement, the EPA said many of the violations are directly related to the 2016 incident, in which more than 2,100 pounds of anhydrous ammonia was released from the refrigeration system. Stavis resolved the claims filed by the U.S. Department of Justice on behalf of the EPA that included 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.
Contacted by SeafoodSource, company officials said they had no comment on the settlement.
The agreement is subject to a 30-day public comment period and final court approval.
“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 EPA said in its release. “Although it has many operational and environmental benefits as a refrigerant, anhydrous ammonia is an extremely hazardous chemical that is corrosive to skin, eyes, and lungs, can be immediately dangerous to life and health, and under limited conditions, is flammable and explosive.”
Stavis cooperated fully with EPA throughout the enforcement process, the agency said. Soon after the release, Stavis removed the remaining ammonia from the facility in accordance with a compliance order issued by EPA, and soon afterwards moved its warehousing operations to another facility. As a result, no injunctive relief was required in the settlement, since the Seaport facility is no longer in operation.
“The alleged violations include Stavis'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,” the EPA said. “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.”
In October 2016, Stavis was fined USD 173,168 (EUR 154,232) by the Occupational Health and Safety Administration (OSHA) for 20 different infractions found at the warehouse.
"Facilities that use hazardous substances, including anhydrous ammonia and sulfuric acid, have an obligation to carefully follow safety standards designed to protect nearby communities," EPA New England Regional Administrator Alexandra Dunn said. "This case clearly illustrates the critical importance of complying with chemical accident planning, prevention, and mitigation requirements. The Clean Air Act's chemical accident prevention requirements help prevent public health or environmental harm from the release of hazardous chemicals and other potentially dangerous conditions resulting from chemical use, while reporting releases and community right-to-know laws provide emergency responders with critical information needed for a safe response."
In January 2017, Stavis was bought by the Dutch firm IMV, which runs global fishing and processing operations.
Photo courtesy of CBS Boston
