The best of EcoWatch, right in your inbox. Sign up for our email newsletter!
Lab Official Pleads Guilty for Faking Water Quality Tests for Coal Companies
A West Virginia lab technician pleaded guilty yesterday to a charge of faking water sample quality tests so that coal mining companies could be guaranteed clean reports to submit to the U.S. Environmental Protection Agency (EPA) and the West Virginia Department of Environmental Protection (DEP), reports the Charleston Gazette.
Photo credit: Shutterstock
John W. Shelton worked for Appalachian Laboratories Inc. (AL), a company certified by DEP to conduct such tests as part of the Clean Water Act. The company conducts tests at more than 100 water sampling locations in the state. Shelton admitted to conspiracy to violate the Clean Water Act by diluting water samples, substituting clean water for other samples and not keeping samples refrigerated along with another unnamed AL employee.
The criminal charge was filed September 2 in the U.S. District Court for the Southern District of West Virginia. It alleged that "From 2008 until approximately July 2013, the defendant John W. Shelton knowingly conspired with a person known to the United States Attorney to commit offenses against the United States: that is, to tamper with, cause to be tampered with, falsify and render inaccurate monitoring methods required to be maintained under the Clean Water Act, namely that samples and measurements shall be representative of the monitored activity and that samples to be analyzed for certain pollutants must be preserved at or below six degree Celsius."
Most damningly, the charges stated, “The objects of the conspiracy were to increase the profitability of Appalachian by avoiding certain costs associated with full compliance with the Clean Water Act and to maintain and increase its revenue by providing its customers and the agencies regulating those customers with reports purporting to show that those customers were operating their sites in compliance with the CWA and thereby allow those customers to avoid fines and other costs associated with bringing their operations into compliance with the CWA and thus encourage and maintain for Appalachian the patronage of those customers."
In other words, the lab kept up its client base of mining companies by making sure that no matter what they dumped into the state's waterways, their testing, which they were required to submit to the DEP and the EPA would always come up clean.
In the plea agreement, the prosecutors and Sheldon concurred that another official at Appalachian stressed the important of "pulling good samples," which was understood to mean making sure they complied, not that they were taken properly, and that Appalachian employees only stored the samples in cooler when DEP inspectors were around. “Each time that Shelton and others at Appalachian diluted the sample water or replaced the sample water with water that would pass, they allowed water that they believed exceeded permit limits to discharge into the waters of the United States," it said.
The Gazette said that this case "raises questions about the self-reporting system state and federal regulators use as a central tool to judge if the mining industry is following pollution limits."
Environmental group Appalachian Voices concurred, pointing out the history of issues that have arisen with self-reporting.
"The discovery that a lab employee in West Virginia knowingly altered sampling procedures to assure that monitoring reports submitted for coal companies would be in compliance with the Clean Water Act raises serious questions about the reliability of monitoring reports for the coal industry across Central Appalachia," said the group's Central Appalachian campaign coordinator Erin Savage.
"In 2010, Appalachian Voices uncovered water monitoring reports that contained duplicated data for the three largest mountaintop removal companies in Kentucky. During the period they were submitting erroneous monitoring reports, these companies never reported a single pollution violation. No criminal charges have been brought in Kentucky in relation to those cases. In light of the charges brought in West Virginia, however, we have to wonder how widespread these criminal practices are. This shocking discovery further highlights the extreme need for state agencies to seriously reevaluate their enforcement efforts and for the EPA to step in when the states do not properly enforce the law."
Sheldon will be sentenced in February and could face as much as five years in jail and up to a $250,000 fine.
YOU MIGHT ALSO LIKE
EcoWatch Daily Newsletter
By Emily Deanne
Shower shoes? Check. Extra-long sheets? Yep. Energy efficiency checklist? No worries — we've got you covered there. If you're one of the nation's 12.1 million full-time undergraduate college students, you no doubt have a lot to keep in mind as you head off to school. If you're reading this, climate change is probably one of them, and with one-third of students choosing to live on campus, dorm life can have a big impact on the health of our planet. In fact, the annual energy use of one typical dormitory room can generate as much greenhouse gas pollution as the tailpipe emissions of a car driven more than 156,000 miles.
By Lorraine Chow
Kokia drynarioides is a small but significant flowering tree endemic to Hawaii's dry forests. Native Hawaiians used its large, scarlet flowers to make lei. Its sap was used as dye for ropes and nets. Its bark was used medicinally to treat thrush.
States that invest heavily in renewable energy will generate billions of dollars in health benefits in the next decade instead of spending billions to take care of people getting sick from air pollution caused by burning fossil fuels, according to a new study from MIT and reported on by The Verge.
Hawaii's Kilauea volcano could be gearing up for an eruption after a pond of water was discovered inside its summit crater for the first time in recorded history, according to the AP.
By Kristin Ohlson
From where I stand inside the South Dakota cornfield I was visiting with entomologist and former USDA scientist Jonathan Lundgren, all the human-inflicted traumas to Earth seem far away. It isn't just that the corn is as high as an elephant's eye — are people singing that song again? — but that the field burgeons and buzzes and chirps with all sorts of other life, too.
Humanity faced its hottest month in at least 140 years in July, the US National Oceanic and Atmospheric Administration (NOAA) said on Thursday. The finding confirms similar analysis provided by its EU counterparts.
By Hans Nicholas Jong
Indonesia's president has made permanent a temporary moratorium on forest-clearing permits for plantations and logging.
It's a policy the government says has proven effective in curtailing deforestation, but whose apparent gains have been criticized by environmental activists as mere "propaganda."