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Attorney General Philip T. McLaughlin, Department of Environmental Services Commissioner Robert W. Varney and Michael E. Hubbard, Special Agent-in-Charge of the U.S. Environmental Protection Agency Criminal Investigation Division, New England Office announce that on January 4th and January 19th two wastewater treatment plant operators entered guilty pleas in unrelated cases to one count each of falsifying wastewater discharge reports, a class A misdemeanor. Upon accepting the guilty pleas, the court sentenced the operators to suspended two month jail sentences and ordered them to surrender their wastewater treatment facility operator's licenses. In addition, they must each pay a $200.00 fine and complete 25 hours of community service. The court placed them both on probation for a period of six months.
In July of 1998, the Town of Sunapee Wastewater Treatment Plant discovered certain irregularities in the laboratory data kept by one of its employees, Dana Ramspott. The superintendent of the treatment facility immediately reported the problem to the Department of Environmental Services (DES) and the town demoted Ramspott to remove him from any laboratory responsibilities. Working with the New Hampshire Attorney General's Office, the EPA Criminal Investigation Division subsequently assigned special agent David McGonigle to investigate the matter. His investigation revealed that Ramspott falsified the treatment facility's chlorine and pH data on several occasions between April and July of 1998.
In a second but unrelated case the Department of Environmental Services (DES) uncovered discrepancies with the wastewater records of the Kearsarge Regional High School plant during a routine inspection in December of 1998. Walter Partridge served as the facility's treatment plant operator. DES referred the suspicious findings to EPA. Special Agent McGonigle ascertained that Partridge falsified wastewater test results on several occasions between May and October of 1998.
The New Hampshire Attorney General's Office charged Dana Ramspott with one count of falsifying wastewater discharge reports in violation of RSA 485-A:22, I in the Sullivan County Superior Court. The Attorney General's Office filed the same charge against Walter Partridge in the Merrimack County Superior Court. Each charge carries a maximum penalty of $25,000 and six months in jail.
DES and EPA share regulatory authority over wastewater treatment plants. DES licenses treatment facility operators and conducts routine inspections. EPA issues discharge permits (NPDES Permits) to facilities to establish effluent limits. Treatment plant operators are required to sample and analyze the wastewater before it is released into the environment. In the Town of Sunapee, treated wastewater is discharged to the Sugar River. Treated wastewater from the Kearsarge Regional High School is discharged to the Warner River. Both DES and EPA require wastewater treatment plants to submit monthly discharge reports to monitor for compliance with a facility's discharge (NPDES) permit.
Attorney General Philip McLaughlin said, "Fabricating test results and discharge reports is simply inexcusable. Such dishonest behavior poses a serious potential public health threat to the people, the environment and the communities that these wastewater treatment plant operators serve."
DES Commissioner Robert W. Varney stated, "Many of the state's rivers and streams are a source of community drinking water and are used for recreational purposes. In order to accurately monitor and protect such vital resources, DES is dependent upon the truthfulness of the data and reports submitted by wastewater treatment plant operators. This enforcement action should serve as a warning that dishonest reporting will result in criminal sanctions and the loss of an individual's operator's license."
Michael E. Hubbard, Special Agent-in-Charge of the U.S. Environmental Protection Agency Criminal Investigation Division, New England Office stated, "These two separate convictions are a result of a commitment by Attorney General McLaughlin to protect the state's environment and natural resources. By lying about test results and falsifying discharge reports, these men were guilty of stealing from the citizens of New Hampshire their right to have their water resources adequately protected."
For further information, please contact Assistant Attorney General Geoffrey Ransom at (603) 271-3679.
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