Antioch, CA – Kie-Con, Inc., a concrete manufacturer and division of Kiewit Pacific Co., was sentenced this week following a guilty plea to a Clean Water Act violation, stemming from years of illegal discharges into the San Joaquin River. The company has been ordered to pay a hefty $5 million in fines and restitution, and will be subject to a comprehensive environmental compliance plan.
According to court documents, Kie-Con employees routinely discharged highly alkaline concrete process water directly into the San Joaquin River between January 2004 and April 2007. The water, a byproduct of the company’s concrete pile production, exceeded permissible pH levels outlined in its Clean Water Act permit. Employees allegedly utilized a hose to pump the contaminated water from sedimentation basins into a storm drain leading directly to the river. The illegal discharges continued for over three years, impacting the delicate ecosystem of the San Joaquin River.
Investigation and Prosecution
The case was the result of a two-year joint investigation conducted by the United States Environmental Protection Agency’s (EPA) Criminal Investigative Division, the Federal Bureau of Investigation (FBI), and the Contra Costa County District Attorney’s Office. The investigation revealed a pattern of negligent disregard for environmental regulations and a deliberate effort to bypass established pollution control measures. U.S. Attorney Melinda Haag emphasized the severity of the offense, stating that those who “pollute our pristine waters and cavalierly disregard the laws designed to protect the environment will be brought to justice.”
Penalties and Restitution
On September 1, 2011, Judge Nathanael M. Cousins sentenced Kie-Con to 36 months of probation and a total monetary payment of $5 million. The payment is allocated as follows: $3.5 million will be paid as a federal fine, $750,000 will be directed to the National Fish & Wildlife Foundation for environmental projects in Bay Area watersheds, and another $750,000 will be paid to the Contra Costa County District Attorney for local environmental initiatives. The court also mandated the implementation of a comprehensive Environmental Compliance Plan (ECP) for both Kie-Con and its parent company, Kiewit Infrastructure West Co., to prevent future violations.
Environmental Impact and Future Compliance
The EPA’s Special Agent in Charge, Nick Torres, highlighted the significance of the prosecution, stating that it sends a clear message to companies that “grossly neglect their industrial wastes” and pollute waterways will be held accountable. The San Joaquin River is a vital water source for agriculture and communities in the region, and the discharge of high pH water can have detrimental effects on aquatic life and water quality. The ECP, which is expected to be rigorously enforced, aims to strengthen environmental protections and improve the company’s operational practices.
Key Facts
- Defendant: Kie-Con, Inc. (division of Kiewit Pacific Co.)
- Location: Antioch, California
- Crime: Negligent violation of the Clean Water Act
- Statutes Violated: 33 U.S.C. 1319(c)(2)(A) and 33 U.S.C. 1311(a)
- Timeframe of Violations: January 2004 – April 2007
- Penalty: $3.5 million federal fine, $1.5 million in restitution for environmental projects
- Additional Penalties: 36 months probation, implementation of a comprehensive Environmental Compliance Plan
Both Kie-Con and Kiewit Infrastructure West Co. fully cooperated with the government’s investigation following the discovery of the violations, a factor considered during sentencing. However, the substantial financial penalties and mandated compliance plan underscore the seriousness of the environmental offense and the commitment of federal and local authorities to protect California’s waterways.
Source: EPA ECHO Enforcement Case Database
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