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Henry Papuga, Tampering with Environmental Monitoring Device or Method, Massachusetts 2009

Milford, MA – A former manager of the Milford Water Company (MWC) has been sentenced after admitting to tampering with drinking water samples in 2009, jeopardizing the health of approximately 27,000 residents. Henry Papuga, 62, received a suspended one-year sentence and a five-year probationary period, along with 250 hours of community service, following a four-day jury-waived trial in Worcester Superior Court. The case, investigated by the Massachusetts Environmental Strike Force, revealed a deliberate attempt to expedite the lifting of a boil-water order issued after E. coli contamination was detected in the town’s water supply.

According to investigators, the boil-water order, mandated by the Massachusetts Department of Environmental Protection (MassDEP), required two consecutive rounds of bacteria-free water samples before it could be rescinded. Facing mounting pressure to resolve the situation quickly, Papuga allegedly added chlorine to six drinking water samples before submitting them to a local laboratory for testing. The lab quickly flagged the samples, noting unusual coloration and ultimately finding chlorine levels up to 700 times the acceptable limit for drinking water. This rendered the samples unusable for bacterial analysis and triggered a deeper investigation by MassDEP and the Attorney General’s Office.

The investigation uncovered that Papuga not only tampered with the samples but also falsely certified the integrity of the samples on the accompanying “chain of custody” forms. This constituted a direct attempt to deceive authorities and conceal his actions. The incident prompted significant upgrades to the Milford water infrastructure, including the construction of a new treatment plant currently nearing completion, and increased oversight by MassDEP.

Legal Ramifications & Penalties

Papuga was convicted on six counts of Tampering with Environmental Monitoring Device or Method and two counts of Making False Statements – all violations of Massachusetts state law. The charges stemmed from his actions in manipulating the water samples and falsifying documentation. Judge David Ricciardone stipulated that Papuga is prohibited from any involvement in the drinking water industry during his five-year probationary period. The suspended one-year sentence underscores the severity of the offense, while the community service requirement aims to provide restitution to the community he endangered.

A Pattern of Deception

“This defendant violated the trust placed in him by Milford residents when he tampered with water samples and put thousands of resident’s health at risk,” stated Attorney General Martha Coakley in a press release. “We are pleased that he has now accepted responsibility for his actions and is being held accountable.” The case highlights the critical importance of accurate and reliable water quality testing to protect public health and the severe consequences faced by those who compromise the integrity of the system.

Future Safeguards

Commissioner Kenneth Kimmell of MassDEP emphasized the department’s commitment to ensuring safe drinking water. “We depend on the integrity of water system operators to ensure that water quality sampling results are accurate and timely to protect public health,” Kimmell stated. MassDEP has pledged to continue bi-monthly inspections of the Milford facility until the new treatment plant is fully operational, demonstrating a proactive approach to preventing future incidents. The EPA’s Criminal Investigation Division also reiterated a “zero tolerance” policy for any actions that could jeopardize public water supplies.

Key Facts

  • Defendant: Henry Papuga, 62, of Milford, MA
  • Crime: Tampering with drinking water samples and making false statements.
  • Location: Milford, Massachusetts
  • Year: 2013 (related to events in 2009)
  • Victims: Approximately 27,000 Milford residents
  • Charges: 6 counts of Tampering with Environmental Monitoring Device or Method, 2 counts of Making False Statements
  • Sentence: 1 year incarceration (suspended), 5 years probation, 250 hours community service, barred from drinking water industry
  • Investigating Agencies: Massachusetts Environmental Strike Force (Attorney General’s Office, MassDEP, Environmental Police, EPA)

Source: EPA ECHO Enforcement Case Database

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