| TRENTON
– Attorney General Zulima V. Farber
and Division of Criminal Justice Director
Gregory A. Paw announced that two former
managers for United Water Toms River Inc.
were indicted today for manipulating a water
source during water quality testing in order
to conceal the actual level of contaminants
in the drinking water they supplied.
According
to Director Paw, George Flegal, 56, of Jackson,
who was general manager for United Water
Toms River, and Richard Ottens Jr., 52,
of New Egypt, who was operations manager,
were each indicted on two counts of tampering
with public records, a third-degree crime,
and two counts of falsifying records, a
fourth-degree crime, in connection with
two reports based on the false testing that
were submitted to the state Department of
Environmental Protection. United Water Toms
River is a regulated utility serving about
50,000 customers.
The
state grand jury indictment alleges that
Flegal and Ottens agreed to shut down one
of three wells that led to the point of
entry for the utility’s drinking water
distribution system on Sept. 12, 2005 during
a scheduled compliance sampling for radionuclides,
naturally occurring radiation that can be
hazardous at high levels. The men allegedly
were concerned that high levels in the one
well would cause the system to exceed maximum
contaminant levels for radionuclides during
the sampling at the plant in Berkeley Township.
The water system had previously exceeded
the maximum contaminant level for radionuclides.
“We
allege that these two managers deliberately
concealed the actual level of contaminants
in the drinking water they were supplying,”
said Attorney General Farber. “In
doing so, they broke the law and showed
a complete disregard for the welfare of
their customers.”
The
September 2005 compliance test appeared
to show that radionuclides in the water
system were within acceptable ranges. However,
United Water discovered evidence during
an internal audit that Flegal and Ottens
had conspired to shut down the well. The
company alerted DEP, which took enforcement
action. The two managers were fined $5,000
each and face two-year license suspensions.
DEP referred the matter to the Division
of Criminal Justice and provided assistance
in the criminal investigation.
“The
public has a right to know what's in the
water they drink and that they can count
on their water system operators to provide
truthful information that reflects the company's
integrity,” said DEP Commissioner
Lisa P. Jackson.
The
indictment was handed up to Superior Court
Judge Linda R. Feinberg in Mercer County.
Crimes of the third degree carry sentences
of up to five years in state prison and
a criminal fine of up to $15,000, while
crimes of the fourth degree carry sentences
of up to 18 months in prison and a $10,000
fine. The indictment is merely an accusation
and the defendants are presumed innocent
until proven guilty.
Deputy
Attorney General Robert B. Donovan presented
the case to the state grand jury. Donovan
and acting Supervising State Investigator
Jeffrey Gross conducted the investigation
for the Division of Criminal Justice - Environmental
Crimes Bureau, with assistance from the
Department of Environmental Protection.
>>
United
Water Indictment (169k pdf) plug-in
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