EPA v. MARITIME INTERNATIONAL INC

Case summary

This is a settlement to resolve violations of the General Duty Clause of the Clean Air Act, CERCLA Section 103, and EPCRA Section 304(c). On May 25, 2011, an ammonia release occurred at the companies’ New Haven, CT, cold storage warehouse. The release came from a corroded pipe under the warehouse. EPA inspected the facility and determined that the companies had violated the General Duty Clause because, contrary to industry standards for ammonia refrigeration systems of this size (5,000 pounds of ammonia), the companies did not identify hazards at the facility using recognized hazard assessment techniques; maintain documentation about the refrigeration system that was sufficient for adequately maintaining and inspecting the system; have in place a sufficient preventative maintenance program; or appropriately label and mark system components. The companies also failed to timely notify the National Response Center and timely submit a follow-up incident report to the Local Emergency Planning Committee and State Emergency Response Commission, in violation of CERCLA Section 103 and EPCRA Section 304(c). The settlement requires payment of a $50,000 penalty, which reflects the companies’ size and status as a small business. The settlement also requires performance of SEPs. The SEPs include (a) certain equipment upgrades to lower the chances of release at Maritime’s cold storage facilities in New Bedford, MA and Hartford, CT; and (b) a compliance promotion SEP to improve General Duty Clause compliance at facilities with small ammonia refrigeration systems in the vicinity of New Bedford, Hartford, and New Haven, and encourage better coordination between such facilities and emergency responders.

Defendants (1)

• MARITIME INTERNATIONAL INCNamed in complaintNamed in settlement

Facilities (1)

• MARITIME INTERNATIONAL INC (AKA CONNECTICUT FREEZERS)

  1 BREWERY STREET, NEW HAVEN, CT, 06511

  Registry ID: 110043719964

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• MARITIME INTERNATIONAL INCentered 2013-05-07

  Primary law: CERCLA

  Federal penalty: $50,000 · SEP: $153,133

Timeline (3 milestones)

• 2011-10-25Enforcement Action Data Entered
• 2012-09-26Complaint Filed/Proposed Order
• 2013-05-07Final Order Issued