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Attorney General's News Release

March 1, 2011

Attorney General Koster sues Franklin County business for environmental violation

Jefferson City, Mo. – Attorney General Chris Koster has filed suit against Dac Aerosol & Liquid Fill, Inc., located in Sullivan, and its president Dennis Litz, who resides in Minnesota, for violating Missouri’s hazardous substances in the workplace law.

Koster said the business, which fills aerosol cans with insecticides, has stored approximately 26,920 pounds of non-odorized propane at the facility since 2008. Non-odorized propane is a hazardous substance that can be a potential threat to public health and safety or the environment in the event of a fire or a release of the substances because of their ignitable properties. In addition, because non-odorized propane does not have a scent, it can be difficult to detect a leak.

Koster said Missouri law requires facilities storing more than 10,000 pounds of non-odorized propane to provide information and reports regarding the properties and nature of the hazardous substances they store, use, or produce to the local fire protective service, the Department of Public Safety, and the local emergency planning committee each year. The defendants have failed to provide such information for 2008, 2009, and 2010 and have failed to respond to several attempts to bring them back into compliance.

“Both the public and our police and firefighters have a right to know what hazards may be present in the community,” Koster said. “This office takes seriously the responsibility to vigorously enforce the laws informing the public of the presence of dangerous chemicals.”

Koster is asking the court to issue a permanent injunction requiring the defendants to comply with Missouri’s hazardous substances in the workplace laws; assess a civil penalty of $5,000 per day for each violation of the hazardous waste law; and require defendants to pay all court costs.

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