Antioch, CA – Kie-Con, Inc., a California-based manufacturer of pre-stressed concrete products, was sentenced to pay $5 million in fines and restitution after pleading guilty to violating the Clean Water Act. The company, formerly a division of Kiewit Pacific Co., illegally discharged highly alkaline concrete process water into the San Joaquin River for over three years, impacting the sensitive ecosystem.
According to court documents and a joint investigation by the Environmental Protection Agency (EPA), the Federal Bureau of Investigation (FBI), and the Contra Costa County District Attorney’s Office, Kie-Con employees routinely bypassed environmental controls at their Antioch facility between January 2004 and April 2007. Instead of properly treating the concrete process water – a byproduct of the company’s manufacturing process – workers used a hose to pump the pollutant directly into a stormwater drain leading to the San Joaquin River. The discharge contained significantly elevated pH levels, exceeding limits established in Kie-Con’s Clean Water Act permit.
The illegal discharges were discovered following a two-year investigation triggered by concerns over water quality in the San Joaquin River. Investigators determined that the high pH levels posed a threat to aquatic life and potentially impacted the river’s overall health. Kie-Con admitted to the unlawful activity as part of a plea agreement with federal prosecutors. While the company fully cooperated with the investigation after the violations were uncovered, authorities emphasized the severity of the prolonged pollution.
Financial Penalties & Remediation
U.S. District Judge Nathanael M. Cousins sentenced Kie-Con to a total monetary payment of $5 million. Of that amount, $3.5 million will be paid as a federal fine. An additional $750,000 will be directed to the National Fish & Wildlife Foundation for environmental projects focused on Bay Area watersheds and ecosystems, and another $750,000 will go to the Contra Costa County District Attorney for local environmental initiatives. Beyond the financial penalties, Kie-Con and its parent company, Kiewit Infrastructure West Co., are required to implement a comprehensive Environmental Compliance Plan (ECP) designed to prevent future violations.
Legal Ramifications & Official Statements
Kie-Con pled guilty to one count of negligently violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(2)(A) and 33 U.S.C. 1311(a). The company was placed on 36 months of probation. U.S. Attorney Melinda Haag stated, “Those who pollute our pristine waters and cavalierly disregard the laws designed to protect the environment will be brought to justice.” Nick Torres, Special Agent in Charge of EPA’s criminal enforcement program in California, added that the guilty plea demonstrates that companies who neglect industrial waste management and pollute waterways will face prosecution.
Key Facts
- Defendant: Kie-Con, Inc. (formerly a division of Kiewit Pacific Co.)
- Crime: Illegal discharge of pollutants into the San Joaquin River.
- Location: Antioch, California
- Dates of Violation: January 2004 – April 2007
- Statutes Violated: 33 U.S.C. 1319(c)(2)(A) & 33 U.S.C. 1311(a) (Clean Water Act)
- Penalty: $5 million in fines and restitution, 36 months probation, and implementation of a comprehensive Environmental Compliance Plan.
- Pollutant: Concrete process water with high pH levels.
The case serves as a stark reminder of the importance of environmental compliance and the potential consequences of neglecting industrial waste management practices. Authorities hope the penalties and remediation efforts will deter similar violations in the future and protect the San Joaquin River’s fragile ecosystem.
Source: EPA ECHO Enforcement Case Database
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