Boykin & Associates, Falsifying Data, South Carolina 2010

Timmonsville, SC – Boykin & Associates Environmental Services, Inc. was sentenced in April 2010 following a guilty plea to falsifying data related to the operation of the City of Timmonsville’s wastewater treatment plant (WWTP). The company, contracted to operate and maintain the facility, repeatedly misrepresented sampling results and deliberately submitted inaccurate Discharge Monitoring Reports (DMRs) to authorities, a scheme that spanned a significant period and endangered public health and the environment.

According to court documents, Boykin & Associates intentionally directed employees to withhold critical sampling data, specifically related to toxicity testing. On multiple occasions, the company refused to collect toxicity samples altogether. These actions were compounded by the fabrication of DMRs presented to the Timmonsville Mayor, falsely indicating that samples weren’t taken due to a lack of discharge when, in fact, the WWTP *was* actively discharging wastewater.

The Timmonsville WWTP is considered a large facility by the EPA’s Region IV, making the intentional falsification of data particularly egregious. Accurate monitoring is crucial for ensuring the plant effectively treats wastewater before it’s released back into the environment, protecting aquatic life and downstream water users. The deliberate manipulation of data undermined this process and potentially exposed the public to harmful pollutants.

The case, brought forth by the Environmental Protection Agency (EPA), alleges a systemic effort to conceal violations of the Clean Water Act. Investigators uncovered evidence demonstrating a pattern of deceit, revealing that Boykin & Associates prioritized cost savings and maintaining a positive public image over regulatory compliance and environmental stewardship. The falsified reports allowed the company to avoid potential fines and maintain their contract with the city.

On August 7, 2009, Boykin & Associates was formally charged with one count of violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(4), which prohibits knowingly making false statements in reports required by the Act. The company entered a guilty plea on October 28, 2009. The sentencing, handed down on April 21, 2010, included a 60-month probationary period and a $1,000 federal fine – a penalty critics argue is insufficient given the severity and duration of the offenses.

This case highlights the importance of diligent oversight of contracted environmental services and the potential consequences of prioritizing profit over public safety. The EPA continues to pursue enforcement actions against companies that attempt to circumvent environmental regulations, sending a clear message that such behavior will not be tolerated. The incident serves as a cautionary tale for other wastewater treatment facilities and contracted operators nationwide.

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Key Facts

Defendant: Boykin & Associates Environmental Services, Inc.
Location: Timmonsville, South Carolina
Crime: Falsification of Clean Water Act data and reports.
Statute Violated: 33 U.S.C. 1319(c)(4)
Guilty Plea Date: October 28, 2009
Sentencing Date: April 21, 2010
Penalties: 60 months probation and $1,000 federal fine.
Details: Company instructed employees to withhold data and falsely reported sampling results to the City of Timmonsville.

Source: EPA ECHO Enforcement Case Database

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