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LEGAL NOTICE MAB Environmental Services, Inc.
posted February 28, 2018
 
LEGAL NOTICE
 
On March 24, 2017, MAB Environmental Services, Inc. and Matthew Brozena, former owner of MAB Environmental Services, pled guilty to violations of the federal Clean Water Act in U.S. District Court for the Eastern District of Pennsylvania.
 
From 2009 to 2012, MAB Environmental Services was a small business that operated privately­ owned wastewater and drinking water treatment plants for clients.  At that time MAB Environmental employed eight wastewater/water operators who worked at 10 facilities located across the State of Pennsylvania and Mr. Brozena was the only supervisor in the company. The federal investigation lasted five years and was conducted by the U.S. Environmental Protection Agency, Criminal Investigation Division, the Pennsylvania Department of Environmental Protection and the U.S. Department of Justice.
 
As a result, Matthew Brozena, MAB Environmental Services, and three operators working for MAB Environmental at two facilities were criminally charged and pleaded guilty to committing a range of violations including (1) discarding samples and resampling when the operator believed that the measurements would exceed the permit limits, (2) failing to report sample results on the monthly Discharge Monitoring Reports making the sample results "non-representative" of the monitored activity, and (3) falsifying, tampering with, and rendering inaccurate  monitoring methods  required to be used under the Clean Water Act. Matthew Brozena pleaded guilty to Clean Water Act misdemeanor violations. MAB Environmental Services was convicted of felony Clean Water Act violations. Two of the employees were convicted of felony Clean Water Act violations and the third was convicted of a misdemeanor (negligent) violation. Mr. Brozena admits that, as the owner of MAB Environmental Services and a certified wastewater treatment operator, he should have managed his employees more closely and was responsible for their actions.
 
Mr. Brozena was sentenced to three years of probation with the first six months to be served as house arrest. Additionally, he had to pay a $100,000 fine.  Conditions of probation included that Brozena not sign any certifications to the PADEP or the U.S. EPA, including discharge monitoring reports, as a principal or authorized agent of the NPDES permit holder. Conditions of probation also included that a notice be published in a trade journal and local newspaper describing these circumstances. This notice is intended to fulfill this requirement.
 
Since the federal investigation ended, the company has reorganized and the staff has increased to 50 operators who now manage over 150 facilities.  Prior to his conviction in 2017, and in order to ensure that these violations do not recur, Mr. Brozena voluntarily retained Burnside Environmental Group, comprised of former U. S. Environmental Protection Agency experts,  to assist the company  with the development of an Environmental Compliance Plan which established guidelines to ensure maximum compliance  with state and federal environmental laws and regulations. After his company expanded, Mr. Brozena developed the resources to employ three field supervisors to provide hands-on supervision for operators in the field.
 
In order to ensure compliance, other companies that provide  these services should make certain that they {1) hire employees with integrity and a good work ethic, (2) provide  adequate supervision  and training of field operators, and (3) develop and implement guidance such as an Environmental Compliance Plan to provide  appropriate direction and structure to their field operations.
 

 

 

 

 

 

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