CEO among those guilty of falsifying wastewater test results

HOUSTON - Three Texas residents have admitted they violated the Clean Water Act, announced Acting U.S. Attorney John G.E. Marck.

Derek McCoy, 52, was CEO of a laboratory that sampled and tested wastewater from local treatment facilities, while Deena Higginbotham, 56, served as director of Client Services. The two Spring residents and John Montgomery, 60, Llano, all admitted to falsifying or aiding and abetting the falsification of data required under federal and state law.

For roughly three years, all three aided or abetted in changing wastewater test results to falsely ensure that treatment facilities did not exceed pollutant limits in state-issued discharge permits. These falsified results, including exceedances of ammonia, E. coli and phosphorous levels, were then submitted to the Environmental Protection Agency and 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. "Today's guilty pleas show that we and our partners at EPA - Criminal Investigation Division and Office of Inspector General, as well as TCEQ, are committed to rooting out and holding accountable those who not only violate the law but also endanger the safety and erode the trust of the public we serve."

U.S. District Judge David Hittner accepted the pleas and set sentencing for Sept. 3. At that time, each faces up to two years in federal prison and a possible $250,000 maximum fine.

EPA - Criminal Investigation Division, EPA - Office of Inspector General and Texas Commission on Environmental Quality - Environmental Crimes Unit conducted the investigation through the Texas Environmental Enforcement Task Force. Assistant U.S. Attorney Liesel Roscher and Special AUSA Nathan Stopper are prosecuting the case.