Joseph Walls, Tampering with Public Records, Montana 2012

KEVIN, MT – A former Montana town official has been sentenced to jail time after admitting to falsifying records related to the safety of the town’s public water supply. Joseph Walls, responsible for maintaining the water system in Kevin, Montana, pleaded guilty to tampering with public records and endangering the health of residents through inadequate water treatment.

The case stems from ongoing issues with the Town of Kevin’s water system dating back to 2008. The Montana Department of Environmental Quality (DEQ) issued an Administrative Order on Consent (AOC) mandating daily monitoring of chlorine residual levels – a critical measure to ensure the water remained safe from harmful bacteria. The AOC required a minimum residual level of 0.2 mg/L. However, investigations revealed Walls consistently failed to perform the required daily testing.

In 2010 and 2011, the town’s water supply repeatedly tested positive for total coliform bacteria (TCB). The presence of TCB indicates a potential breakdown in the water treatment process and suggests that disease-causing pathogens could be present. These positive tests prompted the DEQ to issue multiple health advisories to the residents of Kevin, urging caution in water consumption. Walls admitted in court that he was not adhering to the daily monitoring schedule outlined in the AOC, effectively concealing the deteriorating water quality from both regulators and the public.

The investigation, led by the DEQ’s enforcement division, uncovered a pattern of falsified records. Walls had been submitting documentation indicating compliance with the chlorine residual monitoring requirements, despite not conducting the tests. This deliberate act of deception not only violated state regulations but also placed the approximately 150 residents of Kevin at risk of waterborne illness.

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Legal Ramifications

On September 28, 2011, Walls was formally charged with one count of violating Montana Code Ann. 45-7-208(b), specifically relating to tampering with public records or information. The charge carries significant penalties under Montana law. On April 10, 2012, Walls entered a guilty plea. The court sentenced Walls to 24 months of incarceration, followed by a 24-month probationary period. The sentence reflects the severity of the offense and the potential public health consequences of Walls’ actions.

Key Facts

Defendant: Joseph Walls
Location: Kevin, Montana
Year of Offense: 2010-2011
Statute Violated: Montana Code Ann. 45-7-208(b) – Tampering with public records.
Penalty: 24 months incarceration, 24 months probation
Impact: Residents of Kevin were exposed to potentially unsafe drinking water due to inadequate monitoring and falsified records. The DEQ issued health advisories.

This case highlights the critical importance of diligent oversight and adherence to environmental regulations, especially concerning public health infrastructure. The GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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