Foster Enterprises Case Settles for $300,000

This page last reviewed January 24, 2013

On December 14, 2012, the Diesel Equipment Enforcement Section (DEES) in conjunction with the Office of Legal Affairs and the Attorney General’s Office of California engaged in a $300,000 stipulated judgment with Foster Enterprises in San Bernardino County Superior Court.

The Air Resources Board (ARB) investigation of Foster Enterprises was initiated when an informer alleged that the company was violating the Transport Refrigeration Unit (TRU) regulation.  The Foster Enterprises facility (not associated with Foster Farms) which is located near a school and residential area in Ontario, California exposed their neighbors to excessive diesel exhaust emissions for over two years by failing to comply with the TRU Airborne Toxic Control Measure (ATCM) as codified in Title 13 California Code of Regulations (CCR), Section 2477.
The DEES offered to settle the case for less than $40,000, but the company refused the offer. Therefore, the case was referred to the Attorney General’s Office for prosecution. A trial date was set for November 19, 2012, but Foster Enterprises decided to sign a stipulated judgment on October 31, 2012, with the San Bernardino County Superior Court.
Foster Enterprises will pay $200,000 and the balance of the fine will be stayed, as long it follows the conditions of the stipulated judgment. Currently, the company is in compliance with the Air Resources Board regulations.