Jason Calhoun, Negligent Violation of Clean Water Act, West Virginia 2006

Charleston, WV – Former lab technician Jason Calhoun was sentenced in August 2006 after pleading guilty to a negligent violation of the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed a scheme where Calhoun falsified water sample analysis results, potentially jeopardizing environmental safeguards and the integrity of regulatory compliance.

According to court documents, Calhoun, while employed as a lab technician, engaged in “dry labbing” – a practice where sample results are reported without actually performing the required laboratory analysis. Specifically, Calhoun was responsible for analyzing oil and grease content in water samples collected from facilities holding National Pollutant Discharge Elimination System (NPDES) permits. These permits, mandated by the CWA, establish strict limits on the types and amounts of pollutants facilities can discharge into U.S. waters.

The fraudulent reporting occurred throughout a period in 2006. Calhoun submitted falsified data to clients, creating the potential for these facilities to unknowingly violate the terms of their NPDES permits. Had the actual oil and grease levels been accurately measured and exceeded permit limits, the facilities would have been required to take corrective action to prevent further pollution. The EPA’s investigation demonstrated Calhoun knowingly circumvented established quality control procedures and falsified the data, prioritizing expediency over accurate environmental monitoring.

On April 27, 2006, Calhoun was formally charged with one count of negligently violating the Clean Water Act, specifically 33 U.S.C. § 1319(c)(1)(A). This section of the CWA addresses false reporting and specifically targets individuals who knowingly violate permit requirements. He entered a guilty plea on May 23, 2006, admitting to the fraudulent practice.

The sentencing, handed down on August 17, 2006, reflected the seriousness of the offense, despite its non-violent nature. Calhoun received 24 months of probation, a $25 special assessment fee, and a $1,000 federal fine. While the penalties may seem modest, the EPA emphasizes that such cases serve as a deterrent to others who might consider compromising the integrity of environmental monitoring.

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Key Facts

Defendant: Jason Calhoun
Crime: Negligent Violation of the Clean Water Act
State: West Virginia
Year: 2006
Statute Violated: 33 U.S.C. § 1319(c)(1)(A)
Penalty: 24 months probation, $25 special assessment, $1,000 fine
Method: “Dry labbing” – reporting results without performing analysis
Impact: Potential for NPDES permit violations by clients due to inaccurate data.

The case highlights the critical role accurate laboratory analysis plays in enforcing environmental regulations and protecting the nation’s waterways. The EPA continues to prioritize the investigation and prosecution of individuals and companies that attempt to circumvent environmental laws, ensuring accountability for those who prioritize profit over public health and environmental safety.

Source: EPA ECHO Enforcement Case Database

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