Willapa Bay, WA – Lonny Howard, former general manager of oyster processing facility Wiegardt Brothers, Inc. (WBI), received a one-year term of probation on March 3, 2017, after pleading guilty to a felony violation of the Clean Water Act. The sentence concludes a multi-year investigation into systematic tampering with water quality monitoring and falsification of reports submitted to the Washington Department of Ecology.
According to court documents and investigators with the U.S. Environmental Protection Agency’s (EPA) Criminal Investigation Division, Howard engaged in a decade-long scheme to manipulate effluent discharge samples collected from WBI’s facility in Willapa Bay. The facility is required to adhere to the terms of its National Pollutant Discharge Elimination System (NPDES) permit, which mandates monthly testing to ensure compliance with environmental standards. Instead of accurate sampling, Howard allegedly altered methods to produce results favorable to the company, then submitted these falsified reports.
The fraudulent activity spanned from 2002 until August 2014, when an internal intervention by another WBI employee brought the illegal practice to light. Disturbingly, despite awareness of Howard’s actions, company leadership, including President Frederic Wiegardt, failed to address the issue for over a year. This inaction suggests a deliberate tolerance, if not encouragement, of the environmental violations.
Corporate Accountability
Wiegardt Brothers, Inc. and Wiegardt himself previously pleaded guilty in June 2015 to negligent violations of the Clean Water Act (33 U.S.C. §§ 1318, 1319(c)(1)(A)). Wiegardt was sentenced to pay a $100,000 fine (jointly and severally with WBI), serve a one-year probation, and complete 75 hours of community service. WBI faced a steeper penalty, including a $75,000 community service payment to the National Fish and Wildlife Foundation, a three-year probationary period, the implementation of a comprehensive environmental compliance plan, and a public apology issued through the Pacific Coast Shellfish Growers Association.
Legal Ramifications
Howard’s conviction stems from a violation of 33 U.S.C. § 1319(c)(2)(A) of the Clean Water Act, specifically addressing the falsification of monitoring reports and tampering with pollution control monitoring methods. This felony carries significant penalties, including imprisonment and substantial fines, reflecting the seriousness with which federal authorities treat environmental crimes. The case underscores the EPA’s commitment to pursuing criminal charges against individuals and corporations who knowingly endanger water quality and public health.
Key Facts
- Defendant: Lonny Howard
- Company: Wiegardt Brothers, Inc. (WBI)
- Location: Willapa Bay, Washington
- Years of Fraud: 2002 – 2014
- Statutes Violated: 33 U.S.C. § 1319(c)(2)(A), 33 U.S.C. §§ 1318, 1319(c)(1)(A)
- Howard’s Sentence: One-year probation
- Wiegardt’s Sentence: $100K fine, one-year probation, 75 hours community service
- WBI’s Penalty: $75K community service payment, three-year probation, compliance plan, public apology
The EPA’s investigation highlights the importance of robust environmental monitoring and the potential consequences of prioritizing profit over regulatory compliance. The long-term effects of the illegally discharged pollutants on the delicate ecosystem of Willapa Bay remain under assessment.
Source: EPA ECHO Enforcement Case Database
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