A Charleston contractor admitted in Kanawha Circuit Court on Friday that he ignored two cease-and-desist orders from the state Department of Environmental Protection concerning two illegal dumpsites on his property.
A Charleston contractor admitted in Kanawha Circuit Court on Friday that he ignored two cease-and-desist orders from the state Department of Environmental Protection concerning two illegal dumpsites on his property.
Rodney D. Loftis Sr. pleaded guilty to twice violating DEP solid waste orders and twice violating the Solid Waste Management Act, all misdemeanors.
Kanawha County Assistant Prosecutor Rob Schulenberg said that as part of the plea agreement, the state was recommending two years of probation, rather than jail time, and a fine of $37,500.
In addition, Loftis must cap and monitor the two landfills on his Woodward Drive and Northfield Road properties, and allow DEP inspectors open access to the sites, Schulenberg said.
Loftis also agreed not to dump any prohibited materials on his properties without DEP permission.
Michael Zeto, the DEP's chief inspector of environmental enforcement, said after the hearing that the agency is satisfied with the arrangement.
"The plea agreement takes measures to further protect public safety," Zeto said, adding that asbestos had been found at both dumpsites.
Loftis said he didn't know he was breaking the law when he created the landfills on his property.
A Charleston contractor admitted in Kanawha Circuit Court on Friday that he ignored two cease-and-desist orders from the state Department of Environmental Protection concerning two illegal dumpsites on his property.
Rodney D. Loftis Sr. pleaded guilty to twice violating DEP solid waste orders and twice violating the Solid Waste Management Act, all misdemeanors.
Kanawha County Assistant Prosecutor Rob Schulenberg said that as part of the plea agreement, the state was recommending two years of probation, rather than jail time, and a fine of $37,500.
In addition, Loftis must cap and monitor the two landfills on his Woodward Drive and Northfield Road properties, and allow DEP inspectors open access to the sites, Schulenberg said.
Loftis also agreed not to dump any prohibited materials on his properties without DEP permission.
Michael Zeto, the DEP's chief inspector of environmental enforcement, said after the hearing that the agency is satisfied with the arrangement.
"The plea agreement takes measures to further protect public safety," Zeto said, adding that asbestos had been found at both dumpsites.
Loftis said he didn't know he was breaking the law when he created the landfills on his property.
"I just want to get this over with," he told Judge Irene C. Berger. "We've been in an argument over this for a long time."
After Berger reminded Loftis that she was not bound to the state's recommended sentence, and she could impose up to four years of jail time, Loftis asked for a brief delay so that he could discuss his plea with his attorney, Bill Forbes. After a quick discussion, Loftis entered guilty pleas to all four counts.
"All the asbestos [in Loftis' landfills] was non-friable," said Schulenberg, referring to the non-airborne form of the tiny fibers. "I don't think there will be any danger of anything getting into the drinking water or anything like that for the foreseeable future."
According to the indictment, a cease-and-desist order issued Feb. 17, 2006, demanded that Loftis provide the DEP with proof that he had properly disposed of materials containing asbestos from a number of locations in Charleston, including 910 Carte St., 1107 Virginia St., and Seventh Avenue and Patrick Street.
Loftis has demolished buildings for numerous clients, including the city of Charleston and Kanawha County.
In 2000, Loftis paid a $25,000 fine to settle a lawsuit filed against him by the DEP. The lawsuit alleged that Loftis repeatedly violated asbestos-handling rules when he demolished buildings.
Berger scheduled Loftis' sentencing for June 2.
To contact staff writer Andrew Clevenger, use e-mail or call 348-1723.
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