Texas laboratory executives plead guilty in wastewater data falsification case

Three Texas residents have pleaded guilty to violations of the Clean Water Act after admitting to falsifying wastewater testing data submitted to state and federal regulators.

According to the U.S. Attorney’s Office, Derek McCoy, former CEO of a wastewater testing laboratory, Deena Higginbotham, the laboratory’s director of client services, and John Montgomery admitted to falsifying or aiding and abetting the falsification of wastewater test results over a period of approximately three years.

Federal prosecutors said the defendants altered analytical results to make it appear that wastewater treatment facilities complied with pollutant discharge limits in their permits. The manipulated data reportedly concealed exceedances involving ammonia, E. coli and phosphorus, and the falsified reports were submitted to both the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quality.

“By submitting falsified data, these defendants undermined the integrity of a program specifically designed to safeguard human health,” said Acting U.S. Attorney John G.E. Marck in a statement announcing the guilty pleas.

The investigation was conducted by the EPA Criminal Investigation Division, EPA Office of Inspector General and the Texas Commission on Environmental Quality’s Environmental Crimes Unit through the Texas Environmental Enforcement Task Force.

U.S. District Judge David Hittner accepted the pleas and scheduled sentencing for Sept. 3. Each defendant faces up to two years in federal prison and fines of up to $250,000.