Norfolk, NY – A former technical director at the APC Paper Group paper mill has been sentenced for deliberately falsifying data and concealing Clean Water Act violations, according to court documents unsealed this week. Michael Ward, 3 year probation, was sentenced on January 26, 2018, in federal court in Binghamton following a guilty plea to three felony counts related to the illegal discharge of pollutants into the Raquette River.
Between January 2013 and September 2015, Ward, while serving as the Technical Director in charge of environmental compliance at the Norfolk facility, systematically manipulated data concerning the mill’s wastewater. The falsified reports concealed excessive levels of biochemical oxygen demand (BOD) – a key indicator of water quality – in the discharged effluent. High BOD levels deplete oxygen in the water, harming aquatic life and disrupting the ecosystem.
Investigators from the United States Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) and the New York State Department of Environmental Conservation (DEC) uncovered the scheme after APC Paper Group terminated Ward’s employment for unrelated reasons in the fall of 2015. A subsequent audit of the mill’s discharge monitoring reports raised red flags, prompting a joint investigation into potential environmental crimes.
Evidence presented in court demonstrated that Ward not only falsified the raw data regarding BOD levels but also repeatedly submitted inaccurate monthly reports to the DEC. This deliberate deception allowed the APC Paper Group mill to operate in violation of its Clean Water Act permit on a consistent basis. The impact on the Raquette River, while still being assessed, is believed to be significant.
Legal Ramifications
Ward was sentenced to a three-year term of probation, ordered to perform 200 hours of community service, and fined $1,000. The charges stemmed from violations of several key federal statutes: 18 U.S.C. 2(a) (general criminal intent), 33 U.S.C. 1319(c)(2)(A) (false statements in reporting), and 33 U.S.C. 1319(c)(4) (knowing violations of permit conditions). These laws carry significant penalties for those who intentionally circumvent environmental regulations.
Key Facts
- Defendant: Michael Ward
- Location: APC Paper Group, Norfolk, New York
- Dates of Crime: January 2013 – September 2015
- Crime: Falsifying data and concealing Clean Water Act violations
- Pollutant: Biochemical Oxygen Demand (BOD)
- River Impacted: Raquette River
- Sentence: 3 years probation, 200 hours community service, $1000 fine
- Investigating Agencies: EPA-CID & NYS DEC
- Prosecutor: Assistant U.S. Attorney Michael F. Perry
The case highlights the EPA’s ongoing commitment to prosecuting individuals who prioritize profit over environmental protection. “Protecting our nation’s waterways is a top priority,” stated a representative from the EPA-CID. “Those who knowingly violate environmental laws and endanger public health will be held accountable.” The DEC has indicated it will be reviewing the mill’s current permit and compliance procedures to prevent future violations.
Source: EPA ECHO Enforcement Case Database
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