Tahuya, WA – A Mason County man has been sentenced to jail time and hefty fines after being convicted of illegally altering the course of the Tahuya River. William Kenneth Cayo Sr. was found guilty by a jury in April 2015 of multiple state environmental violations related to the unauthorized construction activity that significantly damaged a portion of the waterway.
According to court documents and statements from the Washington State Attorney General’s Office and the Environmental Protection Agency (EPA), Cayo used heavy machinery – an excavator and bulldozer – in early February 2013 to fill and redirect nearly 1 ½ acres of the Tahuya River bed near his property. The unpermitted work aimed to change the river’s natural flow, causing substantial disruption to the aquatic ecosystem.
Environmental Damage & Legal Repercussions
The case, pursued by the Attorney General’s Office, centered on violations of the state’s Water Pollution Control Act, the Shoreline Management Act, and laws prohibiting unpermitted hydraulic activities. Investigators determined Cayo acted intentionally, prioritizing his own interests over the health of the river and its surrounding environment. The damage extended beyond the immediate alteration of the riverbed, potentially impacting salmon and other aquatic wildlife, as well as downstream property owners.
“Environmental crimes are a high priority for my office, and this kind of unpermitted work is unacceptable,” stated Attorney General Bob Ferguson. “If you break our laws and harm our environment, I will hold you accountable.” Jay M. Green, Special Agent-in-Charge of the EPA’s Criminal Enforcement program in Washington state, echoed this sentiment, emphasizing the disregard for natural resources displayed by Cayo’s actions.
Sentence & Suspended Penalties
On April 17, 2015, Mason County Judge handed down a sentence of 30 days in jail on each of the counts Cayo was convicted of, to be served concurrently. He was also ordered to pay $8,143 in fines and serve a two-year probationary period, during which he must adhere to all applicable civil and criminal environmental laws. In addition to the immediate penalties, Cayo received a suspended sentence of 334 days on two counts and 60 days on another, along with $8,500 in suspended fines. This means these penalties could be imposed if Cayo violates the terms of his probation.
A Warning to Others
The EPA and Attorney General’s Office hope this case serves as a deterrent to others considering similar unlawful actions. “Today’s sentence sends a clear message to others who might choose to behave similarly that if you intentionally damage Washington state’s natural resources you are going to find yourself behind bars,” Green stated. The incident highlights the importance of obtaining proper permits and adhering to environmental regulations when undertaking any construction or alteration near waterways.
Key Facts
- Defendant: William Kenneth Cayo Sr.
- Location: Tahuya, Mason County, Washington
- Date of Offense: February 2013
- Charges: Violation of the Washington State Water Pollution Control Act, Violation of the Washington State Shoreline Management Act, Conducting unpermitted hydraulic activities.
- Sentence: 30 days incarceration (concurrent), $8,143 in fines, 2 years probation, plus suspended penalties.
- Damage: Approximately 1 ½ acres of riverbed filled and graded.
Source: EPA ECHO Enforcement Case Database
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