$195K Settlement Reached With Restaurants Over Carbon Dioxide

ALAMEDA COUNTY, CA — A firm that manages restaurants such as Kentucky Fried Chicken, Taco Bell, A&W and Pizza Hut has resolved a civil environmental enforcement suit involving releases of carbon dioxide, prosecutors in five Bay Area counties said.

The district attorneys of Alameda, Sonoma, San Francisco, San Mateo and Marin counties said Harman Management Corporation, which is based in Utah, has agreed to pay $195,000 in civil penalties and costs for violations of environmental protection laws.

They said the violations include failing to implement and submit hazardous materials business plans for carbon dioxide in compliance with relevant requirements, including employee training requirements, at restaurants in their counties.

The case was investigated and prosecuted by the district attorney's offices of the five counties and the suit was filed in Sonoma County Superior Court.

Prosecutors said Harman cooperated with the investigation and after it submitted the required hazardous materials business plans and showed proof of employee training, a civil complaint and proposed order were filed to settle the matter.

The settlement includes the payment of a civil penalty and costs and the issuance of a permanent injunction that orders Harman to comply with various requirements related to hazardous materials business plans and employee training.

"The hazardous materials requirements at issue in this case were enacted and enforced for the protection of restaurant workers and customers and for emergency responders," Alameda County District Attorney Nancy O'Malley said in a statement.

"Releases of carbon dioxide have resulted in past fatalities and a lack of training and awareness regarding carbon dioxide is a threat to the public. Every business throughout the county and the state must comply with required measures to avoid serious and potentially fatal disasters," O'Malley.

Prosecutors said carbon dioxide is a colorless, odorless gas that cannot be detected by human senses.

They said because it is heavier than air, carbon dioxide can cause asphyxiation by displacing air at lower levels in confined spaces and in the lungs.

Prosecutors said leaks from compressed carbon dioxide tanks, especially in contained areas, can have serious health impacts, including dizziness, unconsciousness, and ultimately asphyxiation.

Carbon dioxide is used to carbonate beverages. Businesses, including restaurants, that store and use threshold amounts of carbon dioxide must implement hazardous materials business plans. Those plans require training employees so that workers know the dangers of carbon dioxide, how to prevent carbon dioxide releases, how to recognize the signs of respiratory failure from potential carbon dioxide releases and what to do should a release occur in order to prevent harm to the public and how to properly notify appropriate emergency responders.

Prosecutors said businesses must also submit hazardous materials business plans to the state electronically so that first responders know what chemicals are on site and in what quantities.

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— Bay City News; Image via Shutterstock