Issaquah, WA – Dairy giant Darigold, Inc. has been sentenced following a 2009 ammonia spill from its Issaquah processing plant that resulted in a significant fish kill in the East Fork of Issaquah Creek, including several threatened Chinook salmon. The incident, initially detected by the Washington State Department of Fish and Wildlife, triggered a federal investigation revealing a pattern of negligence in the handling of hazardous materials.
Investigators found that during repairs to a refrigeration unit, an ammonia solution was discharged onto the plant’s roof and allowed to flow unchecked into an open drain connected to the storm sewer system. This system ultimately emptied directly into the sensitive East Fork of Issaquah Creek, causing immediate and substantial harm to the aquatic ecosystem. The lack of containment measures, despite the plant’s proximity to a watershed harboring endangered species, has been heavily criticized by both the Environmental Protection Agency (EPA) and local environmental groups.
Gerald N. Marsland, the Engineering Manager for Darigold’s Issaquah facility, bore direct responsibility for overseeing the repairs and failing to implement preventative measures. Marsland was charged with negligently discharging a pollutant and ultimately sentenced in December 2011 to 24 months probation and a $2,000 federal fine. The EPA’s investigation highlighted a systemic failure to prioritize environmental protection within the company’s operational procedures.
Legal Ramifications and Penalties
Darigold pleaded guilty to one count of violating the Clean Water Act (33 U.S.C. 1319(c)(1)(A)) and one count of violating the Endangered Species Act (16 U.S.C. 1538(a)(1)(G)). The company received 36 months probation and was ordered to pay a total of $60,000 in fines and community service. A $10,000 criminal fine was levied, while $60,000 was designated as a community service payment directed toward the United States Fish and Wildlife Service’s Puget Sound Marine Conservation Fund for restoration projects within the Issaquah Creek watershed. As part of the plea agreement, Darigold was also required to publish a public apology in the Issaquah Press.
Corporate Compliance Plan
U.S. Attorney Jenny A. Durkan emphasized the importance of corporate accountability in protecting the environment. “To protect our heritage, corporations must make environmental protection a priority,” she stated. A key component of the sentencing involved the development and implementation of a comprehensive corporate environmental compliance plan covering all thirteen of Darigold’s processing facilities across five western states. This plan is intended to address not only the specific failings that led to the Issaquah Creek spill but also broader business practices impacting the environment.
EPA’s Perspective
Tyler Amon, Special Agent-In-Charge of the EPA’s Region 10 Criminal Investigation Division, described the case as “a study in negligence.” He stressed that the incident was entirely preventable and underscored the severe consequences of discharging toxic chemicals near sensitive habitats. “When your business is a next-door-neighbor to threatened and endangered species, dumping toxic chemicals brings prosecution and penalties,” Amon warned.
Key Facts
- Defendant: Darigold, Inc.
- Location: Issaquah, Washington
- Date of Incident: October 7, 2009
- Crime: Illegal discharge of pollutants, violating the Clean Water Act and Endangered Species Act
- Victims: Numerous fish, including threatened Chinook salmon
- Laws Violated: 33 U.S.C. 1319(c)(1)(A), 16 U.S.C. 1538(a)(1)(G)
- Penalties: $10,000 criminal fine, $60,000 community service payment, 36 months probation for Darigold; 24 months probation & $2,000 fine for Gerald N. Marsland
- Remediation: Corporate environmental compliance plan across 13 facilities, public apology.
Source: EPA ECHO Enforcement Case Database
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