On behalf of the administrator of the U.S. Environmental Protection Agency, the U.S. attorney general filed on Friday a complaint against Southeastern Grocers Inc., BI-LO Inc. and Winn-Dixie Stores Inc., alleging that the companies failed to properly maintain and repair commercial refrigeration equipment at the defendants’ grocery stores.
The lawsuit, filed in the U.S. District Court in Jacksonville, also alleges that the companies failed to maintain adequate service records.
The complaint is based on an August 2014 investigation that resulted in a notice of violation issued to Southeastern in March 2016.
The charges are violations of the Clean Air Act, which implements the Montreal Protocol on Substances that Deplete the Ozone Layer.
A consent decree also was filed Friday, an agreement between the government and the defendants that requires the defendants to implement a refrigerant compliance management plan acceptable to the EPA, maintain its refrigeration equipment in compliance with federal environmental laws and pay a $300,000 civil penalty.
The consent decree, scheduled to go into effect 30 days from the Aug. 23 filing date, applies to Southeastern’s stores in Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina and South Carolina.
Southeastern Grocers is based in Jacksonville and the parent company for four grocery store chains: BI-LO, Winn-Dixie, Harvey's and Fresco y Más.