EPA v. CAPE COD ICE

Case summary

Respondent operates a cold storage warehouse and ice manufacturing facility located in Sandwich, Massachusetts, that uses anhydrous ammonia, an extremely hazardous substance, in its refrigeration system. EPA’s complaint alleges that Respondent violated CAA 112(r)(1) (the “General Duty Clause”) by failing to design and maintain a safe facility and by failing to minimize the consequences of any accidental releases of ammonia that might occur. EPA’s complaint seeks a penalty of up to the statutory maximum for the CAA violation. Section 112(r)(1) of the CAA imposes a general duty on owners and operators of stationary sources producing, processing, handling or storing extremely hazardous substances to identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques, to design and maintain a safe facility, taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases that do occur.

Defendants (1)

• CAPE COD ICENamed in complaintNamed in settlement

Facilities (1)

• JP LILLIS ENTERPRISES INC DBA CAPE COD ICE

  297 BOURNE AVENUE, EAST PROVIDENCE, RI, 02916

  Registry ID: 110046120103

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• CAPE COD ICEentered 2012-12-20

  Primary law: CAA

  Federal penalty: $117,000

Timeline (3 milestones)

• 2012-06-05Enforcement Action Data Entered
• 2012-09-28Complaint Filed/Proposed Order
• 2012-12-20Final Order Issued