Update: Rogue Operator at Sioux City Wastewater Treatment Plant Sentenced to Federal Prison
by Pam Mackey-Taylor, Director of the Iowa Chapter of the Sierra Club
A second employee of the Sioux City wastewater treatment plant was given a sentence in federal court earlier this month for his involvement in a scheme to undertreat the wastewater for pathogens, manipulate testing procedures so it appeared that the treatment was adequate, and then falsely report test results. Jay Niday will spend 3 months in federal prison and received a fine of $8,500. His co-conspirator, Patrick Schwarte, was sentenced in 2019 to two years of probation.
In April 2015, a whistleblower alerted the Iowa Department of Natural Resources (DNR) that staff at the Sioux City wastewater treatment plant were discharging partially treated sewage into the Missouri River. That set the stage for an investigation into what was happening. The City of Sioux City and employees of the wastewater treatment plant violated its National Pollutant Discharge Elimination System (NPDES) permit for four years. Under a search warrant, the FBI seized computer data from the city, under the direction of the United States Attorney’s Office for the Northern District of Iowa.
Throughout the summer of 2015, news unfolded that Jay Niday and Pat Schwarte, employees of the Sioux City Sewage Treatment Plant, were manipulating the disinfection process and altering the chlorine, fecal coliform, and E coli test results. At least four other employees were identified as participants in the scheme. The Sioux City Sewage Treatment Plant holds a NPDES permit that covers the discharges from the treatment plant into the Missouri River. That permit defines the levels of treatment that are required in order to meet the federal Clean Water Act. By purposely undertreating the discharge, then altering the levels of chlorine and bisulfate right before the testing, and reporting the jury-rigged test results, the NPDES permit was purposely and intentionally being violated.
The scam involved the following:
- The daily amounts of chlorine and bisulfate added during the treatment process were inadequate to kill E. coli (short for Escherichia coli) and other pathogens. As Kirby Kaufman reported in the Sioux City Journal, the chlorine levels were cut by as much as 88 percent.
- The resulting water, which was not disinfected as required by the NPDES permit, was released into the Missouri River.
- Prior to each E. coli test, the levels of chlorine and bisulfate were increased so that the tests would show satisfactory disinfection.
- Once the E. coli tests were completed, the chlorine and bisulfate levels were readjusted downward.
- When the residual chlorine levels were then tested, they showed proper levels.
- The falsified test results were recorded and reported.
The inappropriate disinfection, the rigging of chlorine and bisulfate levels so that the E. coli and residual chlorine tests would show proper disinfection, and reporting of the fraudulent results occurred over several years.
This is not merely a technical violation. The chlorine treatment process kills pathogens, including E. coli. E. coli and other pathogens that are released into a water body can sicken anyone who comes into contact with the untreated water. E. coli is a bacteria that can cause bloody diarrhea, anemia, urinary tract infections, kidney failure, and even death. People recreating in or near the Missouri River downstream of the sewage treatment plant could have come into contact with the tainted water, which would have put their health at risk of serious illness. That includes people boating in the river, fishing, and just standing or sitting along the river bank. Also ingesting the water could make a person ill.
Sewage treatment plants are required to obtain a NPDES permit from the Iowa DNR. The permit states the maximum levels of pollutants that are allowed in the final treated water, before it is discharged into a river or stream. In order to protect the public health, permit holders are required to test the water five times per quarter between March 15 and November 15 to verify that they are satisfactorily disinfecting the water.
Both Niday and Schwarte held certifications in waste water treatment; the Department of Natural Resources permanently withdrew those certifications. Because of their professional training and subsequent certifications, both Niday and Schwarte knew what was required to meet the NPDES permit. Both knew enough about wastewater treatment to figure out how to manipulate the test results. Since both were in positions of leadership, power, and authority at the plant, they had the ability to authorize and implement proper procedures. Niday told investigators that the City saved at least $100,000 a year through this scheme.
In October 2015, the Iowa Chapter wrote to the Acting Region 7 Administrator of the Environmental Protection Agency (EPA) and the U.S. Attorney for the Northern District of Iowa “[A]sking that the United States Attorney and the Environmental Protection Agency pursue a criminal indictment against Niday and Schwarte. The actions of the two were clearly intentional and criminal in nature. The manipulation of chlorine levels could gravely affect public health by causing serious illnesses.”
The public expects that sewage treatment plant operators are following the rules and protecting the public health. It is very disturbing to hear about the behavior of these employees. Their behavior was a clear violation of the public trust. The Chapter is concerned that other sewage treatment plant operators are also disobeying their NPDES permits. The criminal indictment and prosecution of Niday and Schwarte will serve as a warning to other communities that NPDES permits compliance is required and that intentionally failing to do so will result in stiff penalties.
Sources
Associated Press, "Man who tampered with wastewater samples sentenced", Cedar Rapids Gazette, April 3, 2021
Alex Boisjolie, “FBI serves warrant for data tied to Sioux City wastewater probe,” Sioux City Journal, December 4, 2016
www.webmd.com/a-to-z-guides/e-coli-infection-topic-overview
Iowa Department of Natural Resources, In the Matter of Patrick Schwarte, Administrative Consent Order, 2015-WW-21
Iowa Department of Natural Resources, In the Matter of Jay Niday, Administrative Consent Order, 2015-WW-22
Kirby Kaufman, “Iowa DNR alleges former Sioux City wastewater employees tampered with samples,” Sioux City Journal, August 17, 2015
Kirby Kaufman, “Iowa DNR: Chlorine levels cut 88% at Sioux City wastewater plant,” Sioux City Journal, August 19, 2015
Kirby Kaufman, “State will not file charges against former Sioux City wastewater plant employees,” Sioux City Journal, September 24, 2015
John Crotty, attorney for Iowa Department of Natural Resources, letter to Jay Niday, August 5, 2015
John Crotty, attorney for Iowa Department of Natural Resources, letter to Patrick Schwarte, August 5, 2015
KTIV.com, “Update: Second Sioux City employee fired amid wastewater investigation,” June 15, 2015