---------- Forwarded message ----------
From: "frank young" <fyoung@mountain.net>
Date: Mar 12, 2015 1:58 PM
Subject: [EC] A victory! EQB upholds DEP decertification of Appalachian Laboratories
To: "frank young" <fyoung@mountain.net>
Cc:

Yes!

The EQB has upheld the DEP’s revocation of the certification of Appalachian Laboratories based on the guilty plea to falsification of water sampling reports bf one of App Labs samplers.

Attached is a copy of the EQB Final Order for Appeal No. 14-17-EQB (Appalachian Laboratories). 

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However, as mentioned, Mr. Shelton's admission is evidence of falsification/tampering within

the lab, regardless of how many additional employees, if any, were involved. Also, the

certification rules give WVDEP authority to revoke the' certification if "any" falsification has

occurred. W. Va. CSR 47-32-3.12.4. Thus, the regulation d.oes not require that the

falsification/tampering he undertaken by a certain number of employees and/or by an employee

who fills a certain hierarchy within the lab in order for WVDEP to issue a revocation order.

 

As a result of the forging, it is ORDERED by the Board that WVDEP's order is

affirmed. The parties have a right to judicial review of this order pursuant to W. Va. Code §22B-

3~3 and W. Va. Code §29A~5~4. The Party seeking judicial review must file its appeal within 30

days after the date the party received notice of this final order.”


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