Nabisco Brands, Pollution, Washington 1986

Sumner, WA – Nabisco Brands, Inc. faced federal charges in 1986 for illegally discharging untreated industrial waste into the Stuck River, a tributary of the White River, in Washington state. The case, stemming from operations at the company’s yeast production plant, resulted in substantial fines, community service, and even imprisonment for key personnel.

According to court documents, Nabisco knowingly and negligently violated the Clean Water Act by releasing pollutants without obtaining the necessary permits. The Environmental Protection Agency (EPA) initiated the investigation, uncovering a pattern of disregard for environmental regulations. The discharge significantly impacted the local waterway, threatening aquatic life and potentially impacting downstream water quality.

The legal fallout began on May 8, 1986, with the filing of a two-count information against Nabisco and a separate charge of conspiracy against plant production supervisor, Robert Parks. Simultaneously, an indictment was returned against plant manager, David Kaser, alleging a broad range of offenses including conspiracy, mail fraud, false statements, and numerous counts of illegal pollutant discharge. The charges included violations of 33 U.S.C. 1311(a) and 1319(c)(1) of the Clean Water Act, 18 U.S.C. 1341 (mail fraud), 18 U.S.C. 1001 (false statements), 18 U.S.C. 371 (conspiracy), and 33 U.S.C. 1346.

Plea agreements were swiftly reached. Nabisco and Parks both pled guilty to all charges on May 14, 1986. Kaser followed suit on June 25, admitting guilt to one count of conspiracy and one count of mail fraud. The sentencing phase revealed the severity of the offenses. Nabisco was ordered to pay a $450,000 fine, with $150,000 execution suspended. Crucially, the company was also directed to establish a $150,000 Environmental Trust Fund dedicated to enhancing fish and game resources in the affected rivers – the Stuck, White, and Puyallup. An additional $200 penalty assessment was levied for the Crime Victim’s Fund, and the company was placed on 36 months of probation.

Individual penalties were also significant. Parks received 36 months of probation, a requirement to perform 250 hours of community service, and a $2,500 fine. Kaser, however, faced incarceration. On September 12, 1986, he was sentenced to 12 months and one day in prison, with a mandatory minimum of nine months and 18 days served. He was also ordered to pay a $75 special assessment fee to the Crime Victim’s Fund. The case serves as a stark reminder of the legal and financial consequences of environmental crimes, and the EPA’s commitment to enforcing regulations designed to protect the nation’s waterways.

Table of Contents

Key Facts

Defendant: Nabisco Brands, Inc.
Crime: Illegal discharge of industrial waste into the Stuck River.
Location: Sumner, Washington
Year: 1986
Key Personnel: David Kaser (Plant Manager), Robert Parks (Production Supervisor)
Fines: Nabisco – $450,000 (with $150,000 suspended); Parks – $2,500
Imprisonment: David Kaser – 12 months and 1 day
Environmental Trust Fund: $150,000 established for river enhancement
Laws Violated: Clean Water Act, Mail Fraud, False Statements, Conspiracy