$2 Million Clean Water Act Penalty for Humboldt County Construction Company

Californians for Alternatives to Toxics (CATs) Press Release

U.S. District Court Judge Yvonne Gonzalez Rogers on Sunday ordered a Humboldt County construction company to pay $2,087,750 in civil penalties to the federal government for discharge of stormwater laden with toxic chemicals to a salmon-bearing stream without undertaking pollution control measures required by the Clean Water Act.

Arcata-based Californians for Alternatives to Toxics (CATs) brought the litigation against Kernen Construction Co. in McKinleyville for on-going discharge of pollutants at levels exceeding those set by regulators into a small stream that flows into Hall Creek, a tributary to the Mad River.

Kernen Construction, located just north of the Mad River between McKinleyville and Blue Lake, submits required water sampling results to regional water quality regulators that show pollutants such as aluminum,

which inhibits the ability of fish to breathe through their gills, at average concentrations 3,742 % above the U.S. Environmental Protection Agency benchmark, and iron averaging 5,449 % above the benchmark. Among other pollutants is pentachlorophenol, a highly toxic legacy chemical of former mill operations that killed more than 30,000 fish in Hall Creek and the lower Mad River in 1967. Hall Creek has since been listed as critical habitat for endangered salmon.

“That a small and endangered population of salmon still hangs on in Hall Creek is something to treasure and protect from toxic pollutants,” said Patty Clary, Executive Director of CATs. “This $2 million penalty can send the message that whether a stream supports fish or provides drinking water or other benefit, it is a public resource, not a dumping ground for industries looking to protect their bottom line.”

Kernen Construction admitted in court to on-going violations of the Clean Water Act from November 14, 2017 to the present. Judge Gonzalez Rogers determined

that 9,461 violations by Kernen are on record for this period.

“The court roundly rejected Defendants’ arguments that the violations were minor, sending a clear message to the regulated community that they will be punished for violating our nation’s water quality laws,” said attorney Andrew Packard, who represents Plaintiff CATs in the Clean Water Act litigation against Kernen.

Referring to a settlement of a lawsuit brought by CATs in 2016 against Kernen Construction for violations similar to those claimed in the current litigation, Bill Verick, attorney for Plaintiff CATs, said “This is the second go-round with this company and the second time they ignored their duty to come up with better pollution control when they exceeded EPA benchmarks. Hopefully, a $2 million fine will get their attention. If not, we’ll be back for a third go-round.”

Attorney William N. Carlon of The Law Offices of Andrew L. Packard also represents Plaintiff CATs.