By Alan Johnson, The Columbus Dispatch, wire and staff reports
COLUMBUS – The former operator of the Sebring water system is facing criminal charges and a maximum fine of more than $2 million for allegedly failing to notify residents about potentially hazardous lead levels in their drinking water.
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Attorney General Mike DeWine and Ohio Environmental Protection Agency Director Craig W. Butler announced three misdemeanor charges Wednesday against James V. Bates of Salem, in northeastern Ohio. The charges are two counts of “recklessly failing to provide timely notice of individual lead tap water results to affected consumers within 30 days of receiving lab results (an unclassified misdemeanor), and one count of recklessly failing to provide timely system-wide public education within 60 days of the end of the lead and copper monitoring period (an unclassified misdemeanor).”
If found guilty on all three counts, Bates faces a maximum fine of more than $2 million (at $10,000 per day per violation on each count), and up to 12 years in jail. However, a judge could impose a lesser sentence.
The charges were filed in Mahoning County Court, where the village of Sebring is located.
Bates operated Sebring’s water system in 2015 when sampling was conducted, as required by state law, to test for lead and copper. Residents whose water was tested for lead should have been notified about the tests, regardless of the results. Further, tests revealing elevated lead levels should have triggered notification to residents. However, Bates didn’t provide either notification in the time frame required by state law, authorities said.
State Rep. John Boccieri (D-Poland) had hoped to see the Butler’s agency share some of the blame.
“I’m aware of compliance issues at the local level, but I still feel strongly that accountability for public safety, as it relates to lead in our drinking water, is a shared responsibility with the state,” Boccieri said.
Boccieri had tried but failed to add provisions that would have applied criminal and civil penalties for public notification violations to the Director of the Ohio EPA into a bill regarding water testing standards that passed the General Assembly earlier this year.
Sebring came under scrutiny in January when schools closed and pregnant women and small children were warned not to drink tap water after high lead levels were found months earlier.
Bates was fired soon after. Two state EPA employees also were fired after agency officials said the employees mishandled the situation.
Legislation signed by Governor John Kasich established stricter statewide standards for lead and copper testing and public notification requirements in cases of lead contamination.