Kern County, CA – Frontier Fertilizer Company and its former manager have been penalized for illegally dumping hazardous waste, according to court records unsealed this week. The case, originating from 1985, reveals a pattern of environmental violations stretching back to 1981, impacting the soil and potentially groundwater in the agricultural heartland of California.
The Environmental Protection Agency (EPA) brought charges against Frontier Fertilizer, its predecessor B&R, and manager Robert Kidwell, alleging the unlawful disposal of rinsates – the leftover chemicals from mixing and applying fertilizers – into unlined pits. These pits, located on company property, lacked the necessary safeguards to prevent contamination of the surrounding environment. Investigators found evidence that this practice occurred routinely during the 1981-1984 timeframe, circumventing established hazardous waste regulations.
An indictment was filed on November 14, 1985, initiating the legal proceedings. However, the defendants ultimately waived the indictment and entered guilty pleas on March 19, 1986, to a five-count information. Both B&R and Frontier Fertilizer admitted to violations of the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A), which prohibits the unpermitted storage and disposal of hazardous waste. Kidwell also pleaded guilty to one count of the same charge, acknowledging his role in the illegal dumping.
The sentencing, handed down on June 11, 1986, reflected the severity of the offenses. Frontier Fertilizer Company and its predecessor, B&R, were each ordered to pay a $75,000 fine *and* undertake the complete cleanup of the contaminated site. This cleanup, the extent of which remains undisclosed, is designed to mitigate the environmental damage caused by years of improper waste disposal. The financial burden of remediation is expected to run into the hundreds of thousands of dollars, according to sources close to the investigation.
Robert Kidwell, as the manager responsible for overseeing operations, faced personal consequences for his involvement. He received a 24-month sentence, with all but 180 days suspended, along with a 60-month probationary period. He was also fined $10,000, to be paid directly from his personal funds. Legal experts suggest the suspended sentence and probation were likely influenced by Kidwell’s cooperation with investigators following the initial indictment.
Key Facts
- Defendant(s): Frontier Fertilizer Company, B&R, Robert Kidwell
- Crime: Illegal hazardous waste disposal
- Location: California
- Year: 1986 (violations occurred 1981-1984)
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- Penalties: $75,000 fine per company, site cleanup, 24 months incarceration (180 days served) & $10,000 fine for Kidwell.
This case serves as a stark reminder of the importance of adhering to environmental regulations, especially within the agricultural industry. The EPA continues to aggressively pursue companies and individuals who prioritize profit over environmental protection, ensuring accountability for those who endanger public health and the delicate ecosystems of California.
Source: EPA ECHO Enforcement Case Database
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