Jan 17, 2013

Foster Enterprises fined $300,000 for violating California air quality laws, court imposes first-ever penalty for not complying with refrigerated trailer rule

Foster Enterprises fined $300,000 for violating California air quality laws
Release #:13-03

LOS ANGELES - The San Bernardino County Superior Court has fined Foster Enterprises, an Ontario-based refrigerated transportation and cold storage business, $300,000 after an Air Resources Board investigation revealed that the company failed to upgrade older diesel engines in its refrigerated trailer fleet as required to meet current emissions standards.

The case is noteworthy in that it resulted in the first court-imposed fine issued under ARB’s 2004 Transport Refrigeration Unit (TRU) regulation. The company owners will pay $200,000 and the balance of the fine will be stayed, as long as they comply with the terms in the judgment handed down by the San Bernardino County Superior Court, and keep their fleet updated as required.  The company is not connected to Foster Farms.

All business owners should pay attention to this case,” said ARB Enforcement Chief Jim Ryden.  “This company actually had to pay twice – once to comply with the law, and then again as a penalty.  Had the owners complied originally, they would have saved us and themselves significant time and money, and helped to keep a level playing field for their colleagues and competitors.
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The ARB originally offered to settle the case for much less than the ultimate penalty.  Because the company refused and continued to operate the high-polluting TRUs, ARB referred the matter to the Attorney General for prosecution.  Finally, months after the deadline and in order to avoid a trial, the business owners sold their noncompliant units and leased cleaner TRU trailers, about 18 months later than their competitors.
 
Read on at:
http://www.arb.ca.gov/newsrel/newsrelease.php?id=394