Criminal Enforcement/Clean Water Act: San Joaquin Biodiesel Firm Sentenced for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Attorney’s Office for the Eastern District of California issued a July 11th news release stating American Biodiesel, Inc. (“ABI”) had been sentenced by United States District Judge Kimberly J. Mueller for alleged violations of the Clean Water Act.

ABI is stated to be registered in San Joaquin County as Community Fuels and to have manufactured biodiesel fuel on property leased from the Port of Stockton, California.

Court documents indicated that ABI admitted to:

  • Allowing the discharge of industrial wastewater into the City of Stockton sewer system
  • Tampering with monitoring devices and methods designed to detect such violations
  • Tampering with pH recordings and flow meters for purposes of under reporting acid and pollutant levels and volumes

Judge Mueller is stated to have imposed a three-year term of probation on ABI which includes various reporting and monitoring conditions. The company was also fined $401,000 and restitution was provided for the Port of Stockton and the City of Stockton in the amount of $256,206. Further, ABI is required to develop and implement an effective compliance and ethics program subject to court review.

The news release also notes that two individuals from the ABI plant have been charged with tampering with monitoring equipment and unlawful discharge of industrial wastewater.

A copy of the news release can be found here.

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