EPA v. Empire Cold Storage

Case summary

On July 14, 2007, the Empire facility released approximately 400 pounds of ammonia into the environment at their cold storage warehouse and packaged ice facility, located at 1327 N. Oak Street Spokane, Washington according to the EPA settlement. Empire uses large quantities of anhydrous ammonia at the facility as a refrigerant. The leak occurred when a failed pressure gauge caused a release of anhydrous ammonia that lasted up to three hours. EPA alleges that Empire then failed to immediately notify local and state agencies about the release. While no injuries were reported at the time of the accident, ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury and death. The ammonia release and the failure to notify appropriate agencies are violations of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).

Defendants (1)

• Empire Cold StorageNamed in complaintNamed in settlement

Facilities (1)

• EMPIRE COLD STORAGE

  1327 N OAK ST, SPOKANE, WA, 99201

  Registry ID: 110030475625

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Empire Cold Storageentered 2011-03-23

  Primary law: EPCRA

  Federal penalty: $67,142

Timeline (4 milestones)

• 2010-11-29Enforcement Action Data Entered
• 2011-03-23Final Order Issued
• 2011-03-23Complaint Filed/Proposed Order
• 2011-12-31Enforcement Action Closed