Tier NY LLC, Negligent Endangerment and Clean Air Act Violation, New York 2015

Niagara Falls, NY – Tier NY, LLC, a tank cleaning corporation, was sentenced following a hazardous gas release that put neighboring businesses and employees at risk. The incident, stemming from a June 11, 2013 cleaning operation, resulted in the company being placed on two years probation and ordered to pay a $25,000 fine.

According to court documents and statements from the U.S. Attorney’s Office for the Western District of New York, Tier NY, LLC specializes in cleaning industrial tanks previously used to store hazardous materials, including titanium tetrachloride. Titanium tetrachloride reacts with water to produce hydrochloric acid gas, a regulated hazardous air pollutant under the Clean Air Act.

The incident occurred when Tier employees cleaned a tank containing residual titanium tetrachloride. During the cleaning process, a caustic solution – a mixture of sodium hydroxide and water with an unverified concentration – was introduced into the tank. This negligent action resulted in the release of an unknown quantity of hydrochloric acid gas. The gas drifted onto an adjacent property, creating an imminent danger of death or serious bodily injury to those present.

U.S. Attorney William J. Hochul, Jr. emphasized the seriousness of the offense, stating the case “represents yet another example of this Office’s commitment to protecting the health and safety of the community.” Beyond the financial penalties, U.S. Magistrate Judge Hugh B. Scott mandated that Tier NY, LLC invest $25,000 in capital improvements dedicated to environmental compliance within the first 18 months of their probationary period.

The court also ordered the implementation of a comprehensive environmental training program. This program, requiring approval from the Probation Office, must be delivered to all current employees within 60 days and to all new hires within seven days of their commencement of employment. The training will focus on relevant environmental statutes and regulations, aiming to prevent future incidents.

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Key Facts

Defendant: Tier NY, LLC
Location: Niagara Falls, New York
Crime: Negligent endangerment and violation of the Clean Air Act
Statute Violated: 42 U.S.C. 7413(c)(4)
Sentence: Two years probation, $25,000 fine, $25,000 in environmental capital improvements, and mandatory environmental training program.
Hazardous Material: Titanium tetrachloride, which creates hydrochloric acid gas when exposed to water.
Investigating Agencies: U.S. Environmental Protection Agency (EPA) Criminal Investigation Division and New York State Department of Environmental Conservation Police.

The investigation was a collaborative effort between the EPA’s Criminal Investigation Division, led by Special Agent-In-Charge Vernesa Jones-Allen, and investigators from the New York State Department of Environmental Conservation Police, under the direction of Captain Frank Lauricella. The case serves as a reminder of the potential dangers associated with handling hazardous materials and the importance of strict adherence to environmental regulations.

Source: EPA ECHO Enforcement Case Database

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