TOPEKA — The Kroger Co., which operates Dillons stores in Kansas, will pay a $2.5 million penalty for failing to properly manage refrigerant chemicals used in its 2,700 stores, in violation of the Clean Air Act.
Kroger failed to properly use ozone-depleting refrigerants at some of its stores and manufacturing facilities, exceeding limits set by the federal government, according to a complaint filed by the U.S. Department of Justice in April.
The ozone-depleting substances, or ODS, are used in commercial refrigeration appliances for food display, in industrial processes to manufacture food products and in some air conditioning equipment, the complaint said.
"The settlement resolves Kroger's failure to promptly repair refrigerant equipment leaks of the refrigerant R-22, a powerful ozone-depleting hydrochlorofluorocarbon (HCFC), between 2014 and 2023," the DOJ said in a news release. "Kroger also failed to keep adequate refrigeration service records."
ODS migrate into the stratosphere, where ultraviolet radiation converts them into gases that destroy ozone, the DOJ complaint said.
"The depletion of ozone results in less protection from the sun's rays and more exposure to UVB radiation, which can cause the development of skin cancer and cataracts," the complaint said.
A Topeka Dillons store, located at 4015 SW 10th Ave, was one of 22 stores that had leak violations. The leak occurred from August 2015 to January 2016.
A Topeka Dillons store at 6829 SW 29th St. and a Dillons store in Garden City at 1305 E. Kansas Ave. were two of 10 stores cited for failing to keep records of how much refrigerant was added to their systems.
In an agreement filed April 29, Kroger agreed to enter a refrigerant compliance management plan for all of the refrigeration equipment it operates. The company also agreed to a plan to convert appliances using ODS chemicals to more modern and safer refrigerant products and to meet a 9.5% or below leak rate for ODS chemicals.
"Under the proposed consent decree, Kroger will spend an estimated $100 million over the next three years to reduce coolant leaks from refrigerators and other equipment and improve company-wide compliance with rules protecting the Earth's ozone layer," a release from the U.S. Department of Justice said.
This story previously appeared in the Kansas Reflector.
