EPA v. D.D. WILLIAMSON & CO., INC.

Case summary

On April 11, 2003, DDW experienced an explosion of a feeding tank used in a caramel coloring process. This tank was subjected to pressures of up to 35 pounds per square inch on a daily basis, but it was not equipped with a pressure safety relief valve. The explosion caused the death of an employee, the release of 8000 pounds of ammonia into the surrounding community, and resulted in debris from the tank explosion being ejected over a wide area. A five hundred piece of the tank lid landed on a commercial rail road track. People within a two block radius were evacuated and people within a one-half mile radius were required to shelter-in-place. DDW violated the General Duty Clause by failing to: (1) identify hazards associated with its caramel coloring process and to perform a hazard analysis on the feeding tank; (2) design a safe facility by not incorporating pressure relief safety valves or other pressure relief devices on the feeding tank and by failing to design the feeding tank with sufficient engineering design and layers of protection to prevent the explosion and subsequent release of nearby toxic chemicals; and (3) minimize the consequences of the release by failing to train its operators as to how to respond to process upset or emergency conditions. Following the explosion, DDW did not conduct its own internal investigation of the accident. The requirement to conduct this investigation is contained in 40 CFR � 68.60. The Louisville Metro Air Pollution Control Board (�District�) joined EPA in this action. The District added RMP violations based upon an audit conducted in 2004. The CD specifies that DDW will pay a civil penalty of $600,000 and is required to use an outside engineering consultant to complete a full hazard operability study of its manufacturing operations and implement the study�s recommendations.

Defendants (1)

• D.D. WILLIAMSON & CO. INC. (SB)Named in complaintNamed in settlement

Facilities (2)

• D D WILLIAMSON & COMPANY INC

  1901 PAYNE ST., LOUISVILLE, KY, 40206

  Registry ID: 110000378118

• D D WILLIAMSON & COMPANY INC

  1901 PAYNE ST., LOUISVILLE, KY, 40206

  Registry ID: 110000378118

Statutes cited

• CAA 112R — General Duty/Accidental Release
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• D.D. WILLIAMSON & CO., INC. (04-2010-C003)entered 2009-10-07

  Primary law: CAA

  Federal penalty: $300,000 · State/local: $300,000

Timeline (7 milestones)

• 2005-03-31Referred To Dept Of Justice
• 2005-04-05Enforcement Action Data Entered
• 2009-08-20Final Order Lodged
• 2009-08-20Complaint Filed With Court
• 2009-10-07Concluded
• 2009-10-07Final Order Entered
• 2015-10-27Enforcement Action Closed