HONOLULU, HI – Justin H. Lottig, former Environmental Protection Manager for Waste Management of Hawaii, Inc. (WMH), was sentenced in October 2015 and ordered to pay a $25,000 criminal fine for his role in negligently discharging pollutants into Hawaiian coastal waters. The case, stemming from incidents in December 2010 and January 2011, highlights a pattern of environmental negligence at the Waimanalo Gulch Sanitary Landfill and raises questions about corporate oversight of environmental regulations.
Federal prosecutors detailed how contaminated stormwater runoff from the landfill bypassed required safeguards during heavy rainfall events, ultimately flowing into the Pacific Ocean. While WMH held a National Pollutant Discharge Elimination System (NPDES) permit issued by the Hawaii Department of Health, the permit stipulated that stormwater *must* pass through the landfill’s management system to prevent contact with waste before discharge. Evidence presented showed this system was circumvented, leading to direct pollution of Hawaii’s coastal waters.
Lottig, along with WMH and the company’s General Manager and Vice President, Joseph R. Whelan, initially faced charges on April 30, 2014, under 33 U.S.C. §1311(a), a key provision of the Clean Water Act. This section prohibits the discharge of pollutants into navigable waters of the United States without a permit. All three defendants ultimately pled guilty on July 6, 2015.
Corporate Penalties and Restitution
The penalties weren’t limited to Lottig and Whelan. Waste Management of Hawaii, Inc. was hit with a substantial $400,000 fine. Beyond the financial penalty, the company was also ordered to pay $200,000 in restitution. This restitution was specifically allocated to support water quality monitoring and erosion control projects – $100,000 went to the Ko Olina Community Association and another $100,000 to the Malama Learning Center, both located on Oahu’s leeward shore, areas directly impacted by the pollution.
A Pattern of Negligence?
While the sentences have been served, the case remains a cautionary tale about the importance of adherence to environmental regulations. Critics point to the fact that the violations occurred despite the presence of an NPDES permit and an Environmental Protection Manager, suggesting systemic failures in WMH’s environmental compliance program. The incident raises concerns about whether sufficient oversight and preventative measures were in place to ensure the landfill’s operations didn’t jeopardize the surrounding environment.
Key Facts
- Defendant: Justin H. Lottig
- Crime: Negligent discharge of pollutants into U.S. waters
- Location: Waimanalo Gulch Sanitary Landfill, Hawaii
- Statute Violated: 33 U.S.C. §1311(a) (Clean Water Act)
- Penalties: $25,000 criminal fine for Lottig; $400,000 fine + $200,000 restitution for Waste Management of Hawaii, Inc.; $25,000 fine for Joseph R. Whelan.
- Timeline: Charges filed 4/30/2014, Guilty Plea 7/6/2015, Sentencing 10/28/2015
GrimyTimes will continue to follow developments related to environmental crime and corporate accountability.
Source: EPA ECHO Enforcement Case Database
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