The following summarizes one of sixty-six Clean Water Act Prosecutions in Louisiana since 1990

Last week we heard about contractors on an oil drilling rig using coffee filters to doctor produced water samples prior to sending to the lab for analysis.  This week, the historic criminal prosecution involves fraud by the testing laboratory upon which the EPA relies to validate the compliance of permitted discharges.

The Clean Water Act requires generators of toxic wastewater undertake a specific wastewater pre-treatment process according to the characteristics of the wastewater and the quality of the effluent permitted for discharge.  Companies discharging treated process wastewater must have samples analyzed at a certified testing laboratory for discharge monitoring report submitted to the EPA and/or state authorities.

A water testing laboratory providing certified analysis for clients in the oil and gas industry was found issuing false certificates of analysis.

The laboratory supervisor was charged under the Clean Water Act, Section 33, and pled guilty to falsifying reports and failing to report the breach to authorities.

The federal district court heard that the defendant failed to follow required water testing and analysis protocol for four years.  During this time, the defendant also instructed lab employees to enter false sample weights and instructed the co-owner/administrator to go ahead and certify the test results by signature.

Federal fines: $250 Community Service/Restitution: $0; Probation: 36 months