EPA v. STAVIS SEAFOODS INC

Case summary

On September 27, 2017, Region 1 referred to DOJ a civil judicial action against Stavis Seafoods, Inc. The proposed action addresses CAA, EPCRA, and CERCLA violations committed at the companies? seafood processing and distribution plant in Boston, MA. The plant has an industrial refrigeration system that uses ammonia as a refrigerant. Ammonia is an extremely hazardous substance subject to CAA Section 112(r)?s chemical accident prevention requirements and EPCRA?s hazardous chemical reporting requirements. The violations include failure to comply with the General Duty Clause (GDC) of CAA Section 112(r), EPCRA Section 312, and CERCLA Section 103(a). A release of ammonia occurred at the plant in March 2016 that resulted in the death of an employee. EPA is seeking a penalty, but is not seeking injunctive relief at the Boston facility, since the company is no longer operating at this site. EPA?s preliminary penalty calculation is $503,530, but the companies may have an inability to pay. CAA 112(r) enforcement is not delegated to the Commonwealth of Massachusetts. 12/12/18 The parties signed a Stipulation of Settlement under which Defendant agrees to pay a $700,000 civil penalty. The relevant facility is no longer in operation, so injunctive relief is not necessary or appropriate in the final order. Injunctive relief at this facility was already captured in ICIS from the compliance order issued in September 2016.

Defendants (1)

• Stavis Seafoods IncNamed in complaintNamed in settlement

Facilities (1)

• STAVIS SEAFOODS

  7 CHANNEL STREET, BOSTON, MA, 022100000

  Registry ID: 110056371064

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• STAVIS SEAFOODS INCentered 2018-12-12

  Primary law: CAA

  Federal penalty: $700,000

Timeline (6 milestones)

• 2017-09-27Referred To Dept Of Justice
• 2017-09-29Enforcement Action Data Entered
• 2018-10-23Complaint Filed With Court
• 2018-10-23Final Order Lodged
• 2018-12-12Final Order Entered
• 2018-12-31Enforcement Action Closed