Cabot Creamery gets $50,000 fine, probation in ammonia spill
BURLINGTON, Vt. --Cabot Creamery was fined $50,000 and placed on two years' probation Monday for a "catastrophic" 2005 ammonia spill that killed plants, fish and macroinvertebrates in the Winooski River.
The well-known Vermont cheese maker, which had a similar incident in 1983, also was ordered by U.S. District Court Judge William Sessions III to spend $50,000 on a "Supplemental Environmental Project," develop a compliance and ethics program and hire an independent consultant to evaluate its compliance with the federal Clean Water Act.
"Cabot's irresponsible handling of hazardous chemicals caused miles of catastrophic damage to the Winooski River," said Michael Hubbard, a special agent in charge for the U.S. Environmental Protection Agency. "This was not the first time, and although Cabot employees may not have intended to cause this significant harm to the river, their carelessness and the lack of management safeguards was a breach of the public's trust."
The incident occurred beginning on July 17, 2005, when two employees -- draining ammonia from an old condenser as part of a refrigeration system replacement -- left a water hose in a 55-gallon drum, causing the ammonia to overflow into a storm drain and contaminate the river.
The next day, the same thing happened, even though Cabot had agreed as part of a civil settlement in the 1983 spill to institute policies for the handling of hazardous materials to prevent it from happening again.
The water-ammonia mixture harmed several miles of the river, killing an estimated 14,500 fish
The company, which pleaded guilty to one count of negligently discharging a hazardous material, was also faulted by prosecutors for failing to consult its environmental adviser or an outside environmental consultant as it undertook the refrigeration system upgrade.
Cabot spokeswoman Roberta MacDonald called the sentencing a "technical resolution" of the case but said the company remains committed to protecting the headwaters of the Winooski.
"We've said `mea culpa.' We took complete responsibility immediately. We called all the proper authorities. We know we made a horrible mistake, and we've done nothing for the last three years but try to make the river better," MacDonald said.
U.S. Attorney Thomas Anderson credited Cabot for its cooperation in the spill investigation.
MacDonald said Cabot Creamery wants to help others avoid similar spills.
"Part of what we want to do is commit to making our experience known to everyone who deals with refrigeration in the state, so it doesn't happen to anyone else." 