The following was taken from a press release distributed by the United States Attorney’s Office – Middle District of Georgia on March 1, 2024:
DOUGHERTY COUNTY, Ga. – A federal contractor who served as the Head of the Environmental Services and Public Works Division at the Marine Corps Logistics Base (MCLB) in Albany was found guilty by a federal jury this week of making false statements about his knowledge of whether a hazardous waste was pumped into the local community’s sewer system.
Brain J. Wallace, 59, of Leesburg, Georgia, was found guilty of one count of making a false statement to a federal agency on Feb. 28, following a three day jury trial that began on Feb. 26. Wallace faces a maximum sentence of five years in prison to be followed by three years of supervised release and a $250,000 fine. A sentencing date will be scheduled by the Court.
Co-defendant Horizon Environmental Services, LLC, pleaded guilty to reckless conduct on May 11, 2023, and was sentenced to two years of probation, 100 hours of community service, $900 in restitution to MCLB-Albany (Horizon’s profit for the contract work) and a $10,000 fine on Aug. 3, 2023.
U.S. District Judge Leslie A. Gardner is presiding over the case.
“Thankfully no hazardous waste made its way into the Flint River—a stunning ecosystem central to Southwest Georgia life—as a result of this gross deviation from the standard of care required by all industries disposing waste into our shared environment,” said U.S. Attorney Peter D. Leary. “Federal prosecutors and our law enforcement partners will hold individuals and businesses accountable when their unlawful and reckless choices put people and our environment at risk.”
“Providing false statements to EPA Special Agents while investigating the illegal dumping of hazardous waste into the City of Albany’s sewer system and subsequent illegal transportation of the waste is a crime,” said EPA-CID Acting Special Agent in Charge Kristopher Martel. “This guilty verdict demonstrates the agency’s commitment to protect communities and their water resources and to hold those who materially falsify information accountable for their actions.”
According to court documents and evidence submitted at trial, MCLB-Albany provides facilities, infrastructure and tailored installation support services for operational forces worldwide. There is a production plant on base which disassembles old equipment—this includes stripping paint containing hazardous materials requiring proper disposal by federal law—and rebuilds the equipment.
The production plant’s waste is processed by the industrial wastewater treatment plant (IWTP), which is also located on MCLB-Albany. The IWTP discharges the treated wastewater to the City of Albany, which is permitted to properly handle this waste and does so for other large-scale industries in the community.
On May 10, 2021, the rake on the clarifier (a settling tank that separates liquids from solids) at MCLB-Albany’s IWTP broke down, halting operations and impacting MCLB-Albany’s production plant, which relied upon the IWTP to properly process its waste. An emergency work order was issued to repair the rake.
Before the clarifier’s rake could be repaired, the contents of the clarifier’s tank had to be removed. Horizon employees came to the base to meet with other base employees and contractors, including Wallace who was the Head of the Installation and Environment Division, Environmental Services and Public Works Division for MCLB-Albany.
Horizon was subcontracted to vacuum the contents of the clarifier tank into sludge boxes, which can contain RCRA (Resource Conservation and Recovery Act) hazardous waste and is to be handled with particular care. Horizon was not permitted by the EPA to transport or store hazardous waste.
Horizon also admitted in court documents to acting recklessly and moving 40,000 gallons of sludge to and from the Base multiple times without properly documenting the contents of the containers. This type of manifest is critical; had some sort of spill occurred, first responders might have been unable to properly remediate, due to the lack of a manifest indicating the nature of the contents.
Court evidence showed that approximately 30,000 gallons of liquid layer from the clarifier was pumped into the City of Albany’s sewer system on May 10, 2021, through a manhole at the MCLB-Albany’s IWTP and that the City of Albany was not properly notified, as required by law. Wallace told EPA investigators that he was unaware of anyone pumping the liquid layer from the clarifier into the sewer system through the IWTP manhole; it was proven in court that he did know and therefore lied to EPA investigators.
There is no evidence of a spill or harm to the community. However, on May 12, 2021, there was a rainstorm in Albany which could have led to a resulting overflow before the liquid reached the City of Albany’s water treatment facility.
When there is an overflow during a significant storm, the overflow runs into the Flint River before being treated. EPA has no reason to believe that the overflow from the May 12, 2021, storm ultimately drained into the Flint River, but this potential hazard would have been avoided had the City of Albany been properly notified so that they could have accepted the hazardous liquid from MCLB in a safe manner, as they are permitted to do.
The case was investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA CID). Criminal Chief Leah McEwen and Assistant U.S. Attorney Elicia Hargrove are prosecuting the case for the Government.