Farm Air Services, Pollution, CA 1998

CALIPATRIA, CA – Farm Air Services, a pesticide application company, was convicted of negligently polluting waterways in Imperial County, California, in 1997 and 1998, resulting in a significant fish kill near the Salton Sea National Wildlife Refuge. The case, a first of its kind, marked the initial time federal Clean Water Act (CWA) charges were levied in connection with pesticide application, highlighting a growing scrutiny of agricultural practices and environmental protection.

The incident stemmed from a December 1997 application of the restricted-use pesticide, Endosulfan, by Farm Air Services pilot, Green. Green applied the pesticide too close to the Pumice Drain, a vital feeder canal for the Salton Sea National Wildlife Refuge. This proximity violated the pesticide label’s restrictions, leading to the widespread death of fish in the drain. Instead of reporting the incident, Farm Air Services employees attempted a cover-up, collecting the dead fish and illegally dumping them along the New River – a move that only compounded the environmental crime.

Federal prosecutors brought charges against both Green and Farm Air Services under 33 U.S.C. 1319(c)(1) of the Clean Water Act, specifically citing negligent violation of the Act. Green initially faced the charges and pled guilty, receiving a sentence of 20 hours of pesticide application training, a 12-month probation period, and a $2,500 federal fine. The investigation quickly expanded to include the company itself, revealing a systemic disregard for environmental regulations.

On December 22, 1997, Farm Air Services was formally charged with one count of violating the CWA. The company subsequently pled guilty, accepting responsibility for its role in the pollution incident. The sentencing, handed down in 1998, included 48 months of probation, a $2,500 federal fine, and a substantial restitution order totaling $15,519. This restitution was directed towards the California Department of Fish and Game and the Bureau of Reclamation, entities tasked with mitigating the environmental damage and restoring the affected waterways.

The case is notable not only for its focus on pesticide application as a source of water pollution but also for the deliberate attempt to conceal the damage. Authorities suggest the cover-up was intended to avoid financial repercussions and reputational harm to Farm Air Services. The successful prosecution sends a clear message that environmental negligence and obstruction of justice will not be tolerated, especially in ecologically sensitive areas like the Salton Sea.

Table of Contents

Key Facts

Defendant: Farm Air Services
Crime: Negligent violation of the Clean Water Act (33 U.S.C. 1319(c)(1)) resulting in fish kill and illegal dumping.
Location: Calipatria, California
Pesticide: Endosulfan
Waterway Affected: Pumice Drain and New River
Penalties for Farm Air Services: 48 months probation, $2,500 fine, $15,519 restitution
Penalties for Pilot (Green): 20 hours training, 12 months probation, $2,500 fine
Significance: First CWA charges brought in connection with pesticide application.

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Source: EPA ECHO Enforcement Case Database

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