|
FOR IMMEDIATE RELEASE |
Tuesday, Sept. 4, 2007
PIPELINE FIRM PLEADS GUILTY TO ENVIRONMENTAL VIOLATION, AGREES TO PAY $1 MILLION IN AMMONIA PIPELINE RUPTURE
KANSAS CITY – Mid-America Pipeline Company, LLC pleaded guilty Monday to negligently releasing 200,000 gallons of ammonia into a Kansas creek and killing 25,000 fish. The company agreed to pay a $1 million criminal penalty.
In October 2004, a pipeline owned by the company ruptured approximately six miles west of Kingman, Kan., releasing more than one million pounds of liquid ammonia.
“The ruptured pipe created a vapor cloud forty feet high, and caused a number of residents to evacuate their homes,” said U.S. Attorney Eric Melgren. “When liquid ammonia flowed into a 10-mile stretch of a tributary of Smoots Creek, more than 25,000 fish were killed.”
Approximately 204,000 gallons of ammonia, almost 5,000 barrels, was released into Smoots Creek. Several endangered species were among the fish killed.
Mid-America Pipeline, a Delaware corporation, failed to provide correct information to the National Response Center and local responders about the magnitude of the release. As required by law, the company notified the National Response Center, but incorrectly reported that only 20 gallons of ammonia had been released to the creek. The company did not submit a revised notification until about six weeks after the release.
Based on the incorrect information provided to federal authorities, the release was not considered to be an emergency, and responders did not report to the scene until more than 24 hours later. By the time emergency responders appeared on the scene, the ammonia had spread through at least 12 miles of the stream.
"Failure to accurately report spills of toxic chemicals weakens the EPA's ability to effectively respond to chemical incidents," said Granta Nakayama, EPA's assistant administrator for enforcement and compliance assurance. "In this case, the defendant’s negligence contaminated a creek and killed 25,000 fish."
Federal law requires that companies immediately notify the National Response Center in the event of a release of a chemical over certain threshold amounts. For ammonia, companies must report any releases over 100 pounds, which is equivalent to approximately 15 gallons.
Anhydrous ammonia is a highly corrosive, toxic and hazardous liquid, and can be fatal to humans if ingested, inhaled or absorbed through the skin.
Once notified, the National Response Center engages federal support of state and local emergency response activities. The EPA and other emergency responders use this information to evaluate the nature and extent of a hazardous substance release, prevent exposure and minimize consequences.
The company plead guilty to negligently violating the federal Clean Water Act under 33 USC 1319(c)(1). ). The criminal penalty will be paid into the Oil Spill and Hazardous Substances Clean-Up Trust Fund.
Further information about hazardous substance release notification requirements may be obtained by calling the U.S. EPA's toll-free number at 1-800-535-0202 or on-line at http://www.epa.gov/compliance/civil/federal/epcra.html
##