Foster Poultry Farms, Pollution, CA 1998

San Luis Obispo, CA – Foster Poultry Farms, Inc. was sentenced following a guilty plea to federal charges stemming from the negligent pollution of a sensitive wildlife refuge and the unlawful “take” of an endangered species. The case, brought by the Environmental Protection Agency (EPA), highlights the potential for significant environmental damage resulting from inadequate stormwater management practices at large-scale agricultural facilities.

The investigation began in April 1995, when employees at the San Luis National Wildlife Refuge discovered visible contamination impacting portions of the refuge, most notably the critical vernal pools. These pools serve as the sole habitat for the endangered tadpole shrimp, a species protected under federal law. Tracing the source, investigators quickly identified the Foster Poultry Farms manure stacking yard as the origin of the polluted runoff. The runoff contained high concentrations of chicken manure, a significant pollutant impacting water quality and aquatic life.

According to court documents, Foster Poultry Farms knowingly installed a stormwater retention system at its facility that was demonstrably insufficient to contain runoff from the manure yard. This decision, reportedly made as a cost-saving measure, directly led to the contamination of the refuge. Federal prosecutors argued that the company prioritized profit over environmental compliance, demonstrating a reckless disregard for the delicate ecosystem surrounding the facility.

The charges filed on September 1, 1998, included one count of violating the Clean Water Act (33 U.S.C. 1319(c)(1)(A)), specifically for negligently discharging a pollutant into navigable waters. The second count involved a violation of the Endangered Species Act (16 U.S.C. 1538(a)(1)(B)), alleging the unlawful “take” of the endangered tadpole shrimp through habitat destruction and water contamination. “Take,” in the context of the Endangered Species Act, encompasses harming, harassing, or killing an endangered species, including damaging its habitat.

Foster Poultry Farms entered a guilty plea to both counts. The sentencing, handed down by a federal judge, included a substantial $1,250,000 fine. In addition to the monetary penalty, the company was placed on 36 months of probation and ordered to pay $14,135 in restitution to the U.S. Fish and Wildlife Service (FWS) to cover the costs associated with the refuge’s remediation and ongoing monitoring. The case serves as a stark reminder of the potential legal and financial consequences of environmental negligence within the agricultural industry.

The EPA continues to prioritize enforcement of environmental regulations at concentrated animal feeding operations (CAFOs) nationwide. This case underscores the agency’s commitment to protecting sensitive ecosystems and ensuring compliance with both the Clean Water Act and the Endangered Species Act. The long-term impacts of the pollution on the San Luis National Wildlife Refuge are still being assessed, but the incident has prompted increased scrutiny of manure management practices in the region.

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Key Facts

Defendant: Foster Poultry Farms, Inc.
Location: San Luis Obispo, California
Year: 1998
Statutes Violated: Clean Water Act (33 U.S.C. 1319(c)(1)(A)) and Endangered Species Act (16 U.S.C. 1538(a)(1)(B))
Pollutant: Chicken manure runoff contaminating vernal pools
Endangered Species Impacted: Tadpole shrimp
Penalties: $1,250,000 fine, 36 months probation, $14,135 restitution to FWS

Source: EPA ECHO Enforcement Case Database

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