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The Honolulu Advertiser

Posted at 12:23 p.m., Thursday, May 12, 2005

Pflueger fined $500,000 in Kaua'i water pollution case

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i—Retired auto dealer Jimmy Pflueger was sentenced today to the largest fine ever assessed in a Hawai'i criminal environmental case—$500,000, to be paid to a Department of Health fund for environmental crimes.

Pflueger, 79, changed an earlier no contest plea, and pleaded guilty to 10 felony water pollution counts involving unpermitted alteration of a drainageway at Pila'a. The installation of a culvert in February 2002 allowed mud and sediment to flow into the ocean, said deputy state attorney general Christopher Young.

The fine was the maximum allowed under the law — $50,000 per count. He had also faced a potential of 40 years in prison under the pollution counts, but 5th Circuit Judge George Masuoka sentenced him to three years probation and no jail time.

Pflueger's attorney, Bill McCorriston, said jail time has never been applied in a water pollution case. Young said the state did not press for prison, in part because Pflueger agreed to plead guilty and accept responsibility for his acts.

Pflueger still faces a series of other legal actions by environmental groups, individuals and government agencies, all stemming from a mudslide that followed earthwork he did on his Pila'a property, which dumped large amounts of mud on coastal properties, and onto the beach and the Pila'a reefs.

In a written statement, Pflueger apologized to the people of the island.

"This all started when I agreed to help an elderly neighbor gain access to his home by offering to build him a road. While my motives were good, it does not excuse that the work was done without the proper permits, which I now realize was wrong," he said.