Employees of DEP-certified lab conspired to violate Clean Water Act

Posted by Brian Sewell | October 9, 2014 at 10:22 pm


An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act.

An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act. Photo from Flickr.

We learned some unsettling news from West Virginia yesterday afternoon. The Charleston Gazette reports that an employee of a state-certified company pleaded guilty to conspiracy to violate the Clean Water Act after he faked compliant water quality samples for coal companies between 2008 and 2013.

John W. Shelton, who worked as a technician and then a field supervisor for Appalachian Labs Inc., a Beckley, W.Va., firm, admitted to diluting water samples taken from mine pollution discharge points with clean water, among other unlawful measures taken, to ensure pollution levels were in compliance with permitted limits. Prosecutors say Appalachian Labs conducts water sampling at more than 100 mine sites in West Virginia, but for now it’s unclear what mine sites or coal companies could be implicated in the case.

As Ken Ward Jr. points out in The Gazette, this crime is a serious cause for concern, since state and federal agencies rely heavily on self-reported data to determine if coal companies are obeying the law. But honestly, while we’re appalled, it is hard to be surprised by this latest discovery. We have some experience with misreporting of water monitoring data that has taken place in Central Appalachia in recent years.

The way this story is coming together suggests a frightening collusion between employees at a lab that maintained certification from DEP. We know from the plea agreement that Shelton did not act alone. Check out the section titled “The Conspiracy to Violate the Clean Water Act” that begins on page 4. But the truly damning language comes in the following section, which states the “objects of the conspiracy were to increase the profitability of Appalachian by avoiding certain costs associated with full compliance with the Clean Water Act … and to thus encourage and maintain for Appalachian the patronage of [its] customers.”

Shelton faces up to five years of imprisonment and a fine of up to $250,000. The investigation into Appalachian Labs, however, is ongoing and is being handled by U.S. Attorney Booth Goodwin, the FBI and the U.S. Environmental Protection Agency.

Following is a statement from Appalachian Voices’ Central Appalachian Campaign Coordinator Erin Savage:

The discovery that a lab employee in West Virginia knowingly altered sampling procedures to assure that monitoring reports submitted for coal companies would be in compliance with the Clean Water Act raises serious questions about the reliability of monitoring reports for the coal industry across Central Appalachia.

False reporting of water quality data from mines in Central Appalachia is not unheard of. In 2010, Appalachian Voices uncovered water monitoring reports that contained duplicated data for the three largest mountaintop removal companies in Kentucky. During the period they were submitting erroneous monitoring reports, these companies never reported a single pollution violation.

No criminal charges have been brought in Kentucky in relation to those cases. In light of the charges brought in West Virginia, however, we have to wonder how widespread these criminal practices are. This shocking discovery further highlights the extreme need for state agencies to seriously reevaluate their enforcement efforts and for the EPA to step in when the states do not properly enforce the law.

Updated Oct. 21: Under oath in federal court, Shelton told a judge that coal companies “put a lot of pressure” on labs to get good water data. Read more in The Charleston Gazette.



8 Responses

  1. B. D. says:

    I was fired from my first job out of college for much the same issue. I was working for AnaLabs in Beckley doing water sample testing. If my results came back too “heavy”, the lab supervisor would ask me to run them again. When I got the same results the second time, she would announce that I was incompetent and that she would run the samples herself. It was explained to me that we were “Friends of Coal” and that certain samples could “only have certain maximum levels”. In order to keep making money we needed to keep our customers happy.

  2. D. says:

    Analabs They are doing the same thing as Appalachian Labs

  3. Michael McCoy says:

    Ridiculous. Glad this instance has been brought to light! I wouldn’t be surprised if it was this way across the board, with all the sampling services.

  4. the one says:

    I was the one person who brought this issue to the attention of the correct authorities, I thought that doing the right thing would go my way, I lost my job and have not so much as had a thank you from any one. I know it was the right thing but now I am so terrified that I will be hated by so many, and I just dont think that someone who did what I did should be left to the wolves, I know I am someone who made a difference, I just wish I would have made sure I would have some protection when the public finds out.

  5. chaz says:

    Does anyone happen to know which coal companies they worked for? I believe the coal companies were just as guilty as the lab. They should really check out there laboratories they hire to make sure they’re quality assurance programs and SOPs are in place and work effectively… I work for a environmental group/ lab here in kentucky, and we have QA meetings every week and field ride ins to make sure field collection & lab are operating correctly and honest. It really disappointing to see that laboratories like this make others like the one I work for bad.

  6. Erin says:

    Hi Chaz, the DEP could easily look at which companies Appalachian Labs has submitted water quality data for. From looking at state records, it does appear that they have worked for a large number of companies. They are one of the the most widely used labs for coal companies in the state.

  7. […] about the reliability of monitoring reports for the coal industry across Central Appalachia,” said the group’s Central Appalachian campaign coordinator Erin […]

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