Providence, RI – Mark B. Hawkins, operator of Whitco Ameritest Corporation, was sentenced in December 2011 following a 2009 investigation into falsified environmental testing documentation. The case, pursued by the Rhode Island Department of Environmental Management (RI DEM), revealed Hawkins submitted proof of completed underground storage tank tightness tests despite not being licensed to perform such inspections.
The fraudulent submissions came to light after concerns were raised regarding the validity of testing records. Rhode Island law mandates that only licensed professionals conduct and certify the integrity of underground storage tanks – a crucial measure for preventing leaks and environmental contamination. Hawkins’ Whitco Ameritest Corporation profited from these tests, creating a clear conflict of interest and potential risk to public safety and the environment.
On December 9, 2009, Hawkins was formally charged with violating Rhode Island Criminal Statute 11-18-1, which specifically addresses the provision of false documents to public officials. The charge alleged that Hawkins knowingly misrepresented his qualifications and the validity of the tests he claimed to have performed, misleading the RI DEM and potentially jeopardizing the state’s environmental safeguards.
After a period of legal proceedings, Hawkins ultimately pled guilty to Count #7 of the indictment on December 14, 2011. The court imposed a sentence of 12 months probation, a $180 court assessment fee, and ordered Hawkins to pay $4,750 in restitution to the victims impacted by his fraudulent activity. The specifics of who those victims are and the nature of the damages were not immediately available.
Notably, all remaining charges against Hawkins were dropped as part of the plea agreement, and all charges against Whitco Ameritest Corporation itself were also dismissed. This raises questions about the extent of Hawkins’ individual responsibility versus potential culpability within the company structure, a point that investigators likely considered during negotiations.
The case serves as a stark reminder of the importance of regulatory oversight and the consequences of falsifying environmental compliance documentation. The RI DEM continues to prioritize the enforcement of these regulations to protect Rhode Island’s natural resources and ensure public health. The agency has not commented on whether this case has led to a review of existing licensing procedures or increased scrutiny of underground storage tank testing practices.
Key Facts
- Defendant: Mark B. Hawkins
- Company: Whitco Ameritest Corporation
- State: Rhode Island
- Year: 2012 (sentence imposed in 2011 for acts committed in 2009)
- Statute Violated: Rhode Island Criminal Statute 11-18-1 – Providing a false document to a public official/employee/agent.
- Penalty: 12 months probation, $180 court assessment, $4,750 restitution.
- Dismissed Charges: All remaining charges against Hawkins and all charges against Whitco Ameritest were dismissed.
Source: EPA ECHO Enforcement Case Database
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