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).
----------------------------------------------------------------------------------------------------------------------------------
“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.”
---------- 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).
----------------------------------------------------------------------------------------------------------------------------------
“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.”
_______________________________________________ EC mailing list EC@osenergy.org http://osenergy.org/mailman/listinfo/ec
-
frank young -
Jim Sconyers