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Melba Elaine Gardner, Defrauding Potential Clients, Illinois 2020

CHICAGO, IL – Melba Elaine Gardner, a former secretary for Earl’s Tank Truck Service, was sentenced to probation and fined for a calculated scheme to defraud potential clients by falsely claiming the company could handle a wider range of wastewater disposal than legally permitted. The case, brought to light through federal enforcement actions, highlights the potential for environmental regulations to be exploited for financial gain and the lengths to which individuals will go to secure business contracts.

According to court documents, Gardner, while employed at Earl’s Tank Truck Service, fabricated an official-looking letter in April 2015. The letter, purportedly from the Illinois Department of Natural Resources Office of Oil and Gas Resource Management, falsely stated that Earl’s Tank Truck Service – operating a Class II injection well authorized *only* for saltwater generated from oil and gas production – was permitted to accept “Industrial Waste Water.” This deliberate misrepresentation was designed to broaden the scope of business the company could attract.

Gardner didn’t simply create the false documentation; she also forged the signature of J. Harlan Dozier, a real employee of the Illinois DNR, further enhancing the letter’s deceptive appearance. She then emailed this fabricated document to Kevin Bums, the vice president of International Power Professionals, in a direct attempt to secure a wastewater disposal contract. The scheme aimed to convince International Power Professionals that Earl’s Tank Truck Service possessed the capabilities to handle their industrial waste, a claim that was demonstrably untrue and in violation of environmental regulations.

The Environmental Protection Agency’s Criminal Investigation Division (EPACID) investigated the matter, uncovering the fraudulent letter and Gardner’s role in its creation and dissemination. The case underscores the importance of rigorous oversight of injection well operations, which are critical for safely disposing of potentially hazardous waste. False statements regarding a facility’s permitted waste streams can lead to environmental contamination and pose significant risks to public health.

On November 20, 2019, Gardner pleaded guilty to one count of making a false statement concerning the operation of a saltwater injection well. The sentencing, handed down the same day, included a $1,000 fine and a one-year term of probation. While the penalty may seem lenient, legal experts note that the charges stemmed from a specific violation of federal law related to misrepresentation of regulated activities, rather than direct environmental damage. The case serves as a warning that falsifying information to regulators carries serious consequences.

Key Facts

  • Defendant: Melba Elaine Gardner
  • Location: Illinois
  • Year of Offense: 2015
  • Statutes Violated: Title 18 U.S. Criminal Code, specifically 18 U.S.C. 1001 (False Statements)
  • Penalties: $1,000 fine and one year of probation
  • Method: Forged a letter from the Illinois DNR falsely stating Earl’s Tank Truck Service could accept industrial wastewater.
  • Motive: To secure a wastewater disposal contract with International Power Professionals.

The Department of Justice has consistently prioritized the prosecution of environmental crimes, recognizing the serious threat they pose to both public health and the environment. This case, while involving a relatively contained fraud, demonstrates the agency’s commitment to holding individuals accountable for misrepresenting information related to the handling of hazardous materials.


Source: EPA ECHO Enforcement Case Database

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