[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19686-19687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08391]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Joint Stipulation of Settlement
Under the Clean Air Act, the Comprehensive Environmental Response
Compensation and Liability Act and the Emergency Preparedness and
Community Right-To-Know Act
On April 7, 2015, the Department of Justice lodged a proposed Joint
Stipulation of Settlement with the United States District Court for the
Southern District of Alabama in the lawsuit entitled United States of
America v. Millard Refrigerated Services, LLC Civil Action No. 15-186.
The United States filed a complaint simultaneously with the filing
of the Joint Stipulation of Settlement on April 7, 2015. The complaint
in this action alleged that Defendant Millard Refrigerated Services,
LLC, a Delaware limited liability company, f/k/a Millard Refrigerated
Services, Inc. (``Millard'') violated Sections 112(r)(1) and 112(r)(7)
of the Clean Air Act (``CAA''), 42 U.S.C. 7412(r)(1) and 7412(r)(7),
Section 103 of the Comprehensive Environmental Response, Compensation
and Liability Act (``CERCLA''), 42 U.S.C. 9603, and Section 304 of the
Emergency Preparedness and Community Right-To-Know Act (``EPCRA''), 42
U.S.C. 11004, at its facility located in Theodore, Alabama (``the
Facility''). Millard operated a cold storage facility with over 242,000
square feet of storage and used over 190,000 pounds of anhydrous
ammonia (NH3), a highly toxic substance, in its operations.
Defendant allowed three releases of NH3 over a three year
period, with the third release of over 32,000 pounds of NH3
in August of 2010 resulting in 154 hospitalizations.
The Complaint alleges that Millard violated every section of the
Program 3 Risk Management Prevention (RMP) Program regulations for a
total of 36 violations of the RMP Regulations, three violations of the
general duty of care under Section112(r) of the CAA and four violations
of the notice requirements under EPCRA and CERCLA. As regards the
notice requirements, the Complaint alleges that Millard failed to
timely notify the National Response Center, the State Emergency
Response Center and the Local Emergency Planning Committee as required
by CERCLA and EPCRA with regard to these releases.
Under the Joint Stipulation of Settlement, Millard will pay a civil
penalty of $3,009,855 in order to resolve these violations. There is no
injunctive relief under this agreement as Defendant's parent, Millard
Holdings, Inc., shut down the refrigerated portion of the Facility in
July 2013 and is currently using it as a warehouse.
The publication of this notice opens a period for public comment on
the Joint Stipulation of Settlement. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States of America v. Millard
Refrigerated Services, LLC Civil Action No. 15-186. D.J. Ref. No. 90-5-
2-1-10384. All comments must be submitted no later than thirty (30)
days after the publication date of this notice. Comments may be
submitted either by email or by mail:
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Send them to:
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By email............................ [email protected].
By mail............................. Assistant Attorney General
U.S. DOJ-ENRD
P.O. Box 7611
Washington, DC 20044-7611.
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During the public comment period, the Joint Stipulation of
Settlement may be examined and downloaded at this Justice Department
Web site: http://
[[Page 19687]]
www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the Joint Stipulation of Settlement upon written request and payment
of reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $2.75 (25 cents per page
reproduction costs for 11 pages) payable to the United States Treasury.
Henry S. Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2015-08391 Filed 4-10-15; 8:45 am]
BILLING CODE 4410-15-P