United States v. Douglas Hoflin

Douglas Hoflin appeals his felony conviction for aiding and abetting the disposal of hazardous waste during his tenure as Director of Public Works for the City of Ocean Shores, Washington, in violation of 42 U.S.C. § 6928 (d)(2)(A). Hoflin also appeals his misdemeanor conviction for aiding and abetting the burial of sludge at the Ocean Shores sewage treatment plant, contrary to the conditions of the plant's operating permit in violation of 33 U.S.C. § 1319 (c)(1).

Hoflin contends his conviction under 42 U.S.C. § 6928 (d)(2)(A) requires proof that he knew there was no permit for disposal of the waste, and that the jury instructions omitted this element of the offense. He also contends that the jury instructions were inadequate to define the misdemeanor offense created by 33 U.S.C. § 1319 (c)(1). We affirm.

BACKGROUND

Hoflin was the Director of the Public Works Department for Ocean Shores, Washington (“City”), from 1975 to 1980, when he left for personal reasons. In 1982, he returned as Assistant Director until he again became Director in 1983. As Director, Hoflin’s responsibilities included supervising maintenance of roads and operation of a sewage treatment plant. The criminal…