Waimanalo Landfill Managers Indicted For Polluting Coastal Waters
A federal grand jury has indicted managers of the Waimanalo Gulch Sanitary Landfill for allegedly violating the U.S. Clean Water Act and lying to state and federal health officials in connection with a series of stormwater overflows that sent raw sewage and medical waste into nearshore waters and onto beaches of the Leeward coast more than three years ago.
The 13-count indictment handed down on Wednesday charges Waste Management of Hawaii, as well as two of its top managers, Justin Lottig and Joseph Whelan, with multiple felonies.
If convicted, Lottig and Whelan could face prison time and fines of up to $250,000 for each count.
Waste Management Hawaii, a subsidiary of Houston-based Waste Management Inc., faces fines of up to $500,000 for each count.
The 46-page indictment charges company officials with making false statements to Hawaii’s Department of Health and the U.S. Environmental Protection Agency about having adequate stormwater controls in place to handle heavy rains.
Company officials conspired to cover up the fact they had removed two 48-inch pipes used for stormwater control with a 36-inch pipe in the months leading up to stormwater spills in December 2010 and January 2011, according to the indictment.
The indictment also alleges that company officials lied about properly covering waste in the landfill that ultimately contaminated stormwater runoff.
In January 2010, pounding rains overwhelmed the landfill, sending masses of garbage and untreated sewage into the stormwater system and into near shore waters.
Ko Olina Resort was heavily affected, with syringes, vials of blood and catheters washing ashore of its four lagoons.
Several weeks after the January spill, health officials revealed that there had also been a spill in December.
At the time of the January spill, state health department officials said that they had allowed the discharge into nearshore waters to avoid a catastrophic failure of the landfill that could have sent a massive wall of water and garbage into the sea.
Waste Management Hawaii issued a statement following Wednesday’s indictment saying that “there is no basis for these charges” and that it intends “to vigorously defend against this extraordinary action.”
“Safety, ethics and environmental protection are core beliefs of our business at Waste Management and we operate our facilities with the utmost regard for the health and safety of our employees, neighbors and the environment,” according to the company statement released to the media by Honolulu public relations firm, Communications Pacific.
The indictment, posted below, provides a detailed chronology of events surrounding the spill:
Indictment from Civil Beat
The U.S. Department of Justice released this press release regarding the indictment:
Press release from Civil Beat
Civil Beat reported extensively on the spill in the weeks following the discharges. You can read our previous coverage here:
New Details Emerge About Landfill Spill Response Plan
Hawaii Silence On Landfill Inspections Speaks Loudly
January Garbage Spill Was Second In A Month
Stormwater Released Into Ocean to Avoid Larger Landfill Catastrophe
Fact Check — Health Department: EPA Approved Release of Landfill Water
Waimanalo Gulch Landfill Spill — a Timeline
Inspection Photos of Waimanalo Gulch Landfill
Photo: Landfill inspection photo, 1/2011 (DOH)