San Jose Eggo waffles factory fined $85K for toxic gas leak

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SAN JOSE – A San Jose facility that makes waffles has been ordered to pay nearly $85,000 in connection with the release of toxic ammonia gas from its facility last year.

The Santa Clara County District Attorney's Office said Friday that the Eggo Company was convicted on charges of negligently discharging an air contaminant, failing to immediately report that release, providing inadequate to contractors and failing to implement an adequate emergency action plan.

According to prosecutors, the incident took place on January 22, 2021 when a subcontractor on a scissor lift damaged a pipe containing anhydrous ammonia. The gas, which is commonly used as a refrigerant in food processing operations, is toxic and could cause severe injury or death.

Prosecutors said managers at the Eggo factory did not call 911 more than an hour after the leak took place, mistakenly believing they had stopped the ammonia leak. The delay led to about 3,400 pounds of the gas escaping into the surrounding neighborhood, prompting a shelter-in-place that lasted several hours.

No injuries were reported in the incident.

"Public safety and the environment are threatened with every passing minute in these cases," Deputy District Attorney Jason Bussey said in a statement.  "When companies fail to immediately report a release, they face serious consequences."

Prosecutors said Eggo is cooperating with regulatory authorities and is upgrading its systems and procedures to prevent future releases.

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