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Millard Refrigerated Services, Environmental Crimes, Alabama 2010

Millard Refrigerated Services, a Georgia-based company, will pay a $3 million civil penalty for an ammonia release that sickened workers responding to the Deepwater Horizon oil spill in 2010.

The release of ammonia from Millard’s Theodore, Alabama facility on August 23, 2010, created significant health problems for 152 people, including four who were admitted into intensive care units.

The investigation by the U.S. Environmental Protection Agency (EPA) found that Millard failed to adequately address a well-known risk for ammonia production systems called hydraulic shock, which can cause catastrophic equipment failures.

Millard’s failure to address this risk, in addition to other deficiencies in its production and safety systems, amounted to 37 distinct violations of the Clean Air Act’s Risk Management Program and General Duty Clause.

The Clean Air Act exists to protect all of us from preventable threats to our health and safety, said Keyon R. Brown, U.S. Attorney for the Southern District of Alabama. On behalf of the citizens of our district, I commend the hard work of the EPA and the Environmental and Natural Resources Division in achieving such a significant settlement that vindicates these interests.

The EPA is serious about holding companies that threaten people’s health and safety accountable, said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. It’s imperative that companies that use and store potentially-hazardous materials like ammonia ensure their operations do not pose a health risk to their employees or the public.

Millard will pay a $3 million penalty for the violations, which include one CERCLA violation and three EPCRA violations.

Mandatory Facts:

Defendant: Millard Refrigerated Services

Charges: Alleged violations of the Clean Air Act, Emergency Planning and Community Right-to-Know Act, and Comprehensive Environmental Response, Compensation, and Liability Act

City and State: Theodore, Alabama

Date: August 23, 2010

Sentence: $3 million civil penalty

Dollar Amount: $3 million

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