Goleta, CA – Mitchell Case Calderwood, owner of Calderwood Rubber Inc. and STER-SHIELD, was sentenced in December 2010 for illegally discharging pollutants into San Pedro Creek, a waterway that feeds directly into the Pacific Ocean. The incident, which triggered an emergency cleanup response in April 2009, stemmed from Calderwood’s negligent handling of industrial waste at his Goleta-based businesses.
The investigation began after the Santa Barbara County Fire Department contacted the EPA’s Los Angeles Field Office, reporting an unknown substance contaminating San Pedro Creek. A multi-agency response, including the U.S. Coast Guard, EPA, and California Department of Fish and Game, mobilized to contain and remove the pollutants. Investigators quickly focused on Calderwood’s businesses, located a mere 100 feet from the creek’s edge.
According to the EPA’s criminal investigation, Calderwood admitted to washing out the contents of approximately fifty-five gallon drums into a driveway drain, believing it connected to the municipal sewer system. The drums contained a mixture of ACCLAIM POLYOL 2220N and POLYTHF 1000, both polyether polyols used in industrial processes. He later stated he was unaware the drain discharged directly into San Pedro Creek. The resulting contamination necessitated a significant cleanup effort, costing an estimated $200,000.
The EPA-CID, working in conjunction with the Santa Barbara County Fire Department, California Department of Fish and Game, and the Coast Guard Investigative Service, gathered evidence linking the discharge to Calderwood’s actions. The investigation revealed a clear disregard for environmental regulations and a failure to properly manage hazardous materials. The proximity of the businesses to the creek heightened the severity of the offense.
Legal Ramifications
On July 9, 2010, Calderwood and Calderwood Rubber Inc. were charged with one count of violating the Clean Water Act (CWA), specifically 33 U.S.C. 1311(a), which addresses negligent discharge of pollutants into Waters of the U.S. The court held both Calderwood and his company jointly and severally liable for a total criminal fine of $2,500, a special Court Assessment of $125, and $18,000 in restitution to the U.S. Coast Guard to cover response and cleanup costs. Additionally, Mitchell Case Calderwood was sentenced to 200 hours of community service.
Key Facts
- Defendant: Mitchell Case Calderwood & Calderwood Rubber Inc.
- Location: Goleta, California
- Date of Incident: April 2009
- Pollutants: ACCLAIM POLYOL 2220N & POLYTHF 1000 (polyether polyols)
- Statute Violated: 33 U.S.C. 1311(a) – Negligent discharge of pollutants into Waters of the U.S.
- Cleanup Cost: Approximately $200,000
- Penalties: $2,625 in fines/assessments, $18,000 restitution, 200 hours community service
This case underscores the importance of responsible waste management practices and the potential consequences of environmental negligence. The EPA continues to prioritize enforcement of the Clean Water Act to protect the nation’s waterways and public health.
Source: EPA ECHO Enforcement Case Database
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