Monica Borowicz, Clean Water Act Violation, Virginia 2019

WALLOPS ISLAND, VA – A former lab technician has been sentenced for falsifying water quality data submitted to state regulators, a case revealing systemic issues at a private laboratory contracted by NASA’s Wallops Flight Facility. Monica Borowicz, 57, was sentenced on September 10, 2019, after pleading guilty to a Clean Water Act violation in May of the same year.

Borowicz, a 27-year veteran technician at LJT & Associates, Inc., managed the analysis of wastewater discharged from the Wallops Flight Facility on Virginia’s Eastern Shore. Wallops, a NASA rocket launch site, contracted LJT to perform crucial testing of its wastewater, specifically measuring Total Kjeldahl Nitrogen (TKN) – a key indicator of nitrogen levels. The TKN testing process, while requiring significant time, does not demand constant active engagement from the technician.

Between 2014 and 2018, Borowicz was solely responsible for all TKN analyses of Wallops’ wastewater. However, an internal audit triggered by missing data sheets discovered during Borowicz’s March 2018 vacation, uncovered a pattern of falsified data. The audit revealed that 111 out of 219 TKN analyses conducted between January 2017 and March 2018 were deemed “suspect.” A deeper investigation into data from April 2014 through the end of 2016 identified an additional 408 suspect samples – all analyzed by Borowicz.

Investigators found that Borowicz completely failed to conduct any TKN testing between December 2017 and January 2018, yet still submitted monthly Discharge Monitoring Reports (DMRs) to the Virginia Department of Environmental Quality (VDEQ) containing fabricated results. While the falsified data did not indicate any immediate environmental harm—the wastewater remained within permitted limits—the intentional misreporting constituted a serious breach of regulatory compliance. LJT & Associates voluntarily surrendered its certification for TKN testing following the discovery, and NASA engaged a new testing provider. VDEQ also mandated revisions to all previously submitted DMRs.

The case highlights the potential for fraudulent reporting within environmental testing and the importance of robust quality control measures. Though the immediate environmental impact was minimal, the integrity of the data submitted to regulators was severely compromised. Federal prosecutors emphasized the seriousness of intentionally deceiving environmental monitoring programs, even in instances where actual pollution levels remained within legal limits.

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Key Facts

Defendant: Monica Borowicz
Crime: Violation of the Clean Water Act (33 U.S.C. § 1319(c)(4))
Location: Wallops Flight Facility, Virginia
Year: 2019
Penalty: 36 months probation, $5,000 fine, $6,717.70 restitution to NASA
Method: Falsifying data on Discharge Monitoring Reports (DMRs) submitted to the Virginia Department of Environmental Quality (VDEQ).
Impact: No immediate environmental harm, but compromised data integrity.

Borowicz’s sentence includes 36 months of probation, a $5,000 fine, and an order to pay $6,717.70 in restitution to NASA to cover the costs associated with the investigation and re-testing. The case serves as a cautionary tale for environmental testing facilities and a reminder of the critical role accurate data plays in protecting the environment.

Source: EPA ECHO Enforcement Case Database

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