Dan Durham, Water Quality Report Falsification, Mississippi 2013

Tupelo, MS – Dan Durham, a former employee of the North Lee Water Association (NLWA), was sentenced in May 2013 following a federal investigation into widespread falsification of drinking water quality reports. The case, originating in Lee County, Mississippi, revealed a systematic effort to deceive both regulators and the approximately 5,000 residents served by the NLWA’s seven water systems and 19 wells.

According to court documents, Durham’s misconduct involved multiple violations of established protocols for monitoring and reporting drinking water safety. Instead of collecting representative samples from each of the NLWA’s systems, Durham allegedly collected all samples from a single location, a practice that rendered the data meaningless and failed to accurately reflect the water quality delivered to homes. This deceptive practice continued for an undetermined period, potentially exposing residents to unsafe water conditions.

The investigation, led by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, uncovered that Durham not only failed to properly maintain the NLWA’s critical infrastructure – including drinking water wells and chlorination systems – but also deliberately falsified records. While he did collect *some* customer samples, he failed to analyze them, instead fabricating data and manipulating log books to present a false picture of compliance with state and federal regulations.

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Legal Ramifications

Durham was initially charged on September 7, 2012, with making false statements, a violation of 18 U.S.C. 1001. This charge stemmed directly from the submission of falsified drinking water sample reports to the Mississippi Department of Health. He subsequently pled guilty on December 12, 2012, to one count of knowingly making false statements.

On May 16, 2013, Durham received a sentence of 36 months probation, was ordered to perform 100 hours of community service, and was directed to pay $5,909 in restitution to the North Lee Water Association. The restitution aimed to cover the costs incurred by the NLWA as a result of Durham’s actions, including the expense of re-testing and corrective measures. The primary statute violated through the falsified water reports was the Clean Water Act (33 U.S.C. 1319), which governs the safety of public water systems.

Key Facts

Defendant: Dan Durham
Location: Lee County, Mississippi
Victims: Approximately 5,000 residents served by the North Lee Water Association
Crime: Falsification of drinking water quality reports and improper maintenance of water systems
Statutes Violated: 18 U.S.C. 1001, 33 U.S.C. 1319 (Clean Water Act)
Sentence: 36 months probation, 100 hours community service, $5,909 restitution
Investigation: Conducted by the EPA Criminal Investigation Division

The case highlights the critical importance of accurate reporting and diligent oversight in ensuring the safety of public water supplies. While Durham faced legal consequences, the incident raises serious questions about the internal controls and monitoring procedures within the North Lee Water Association and the potential for similar issues to exist in other small water systems across the state.

Source: EPA ECHO Enforcement Case Database

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