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Pennsylvania Lab Owner Sentenced to Prison for Falsifying Environmental Test Results

Release Date: 3/16/2005
Contact Information: Donna Heron (215) 814-5113

Contact: Donna Heron (215) 814-5113
PHILADELPHIA – On March 15, 2005, Eastern District of Pennsylvania District Court Judge James Gardner sentenced Edward V. Kellogg, 56, president of the former Johnston Laboratories, an environmental testing laboratory located in New Cumberland, Pa., to 16 months in a federal prison for falsifying environmental test results.

The judge also sentenced Kellogg to 80 hours of community service and 36 months of supervised release. The fine was waived but the defendant was ordered to pay a $3,400 special assessment fee.

Kellogg was also ordered to pay $7,181 in restitution to all the victims including Primex Technologies, York, Pa.; Groundwater Services International, Mechanicsburg, Pa.; Advanced Coating Technology, Mechanicsburg, Pa.; KD Toll, Lancaster, Pa.; Appleton Papers, Camp Hill, Pa.; the Pennsylvania Department of Environmental Protection; Bruin Lagoon, Bruin Borough, Pa.; Reich's Ford Landfill, Frederick, Md.; and Lower Allen Township Authority, Lower Allen Township, Pa.

Kellogg was convicted on August 17, 2004 of 34 felony counts of mail fraud after a four-week jury trial in Allentown, Pa.

The case involved the falsification of environmental test results by Johnston Laboratories, which were mailed to the victims. The victims submitted the falsified test results to state and federal environmental agencies as required under their National Pollutant Discharge Elimination System (NPDES) permits, the primary permitting program under the Clean Water Act, which regulates all discharges to surface water.

The case was investigated by the U.S. EPA Criminal Investigation Division, the U.S. EPA Office of Inspector General, and the Pennsylvania Office of Attorney General Environmental Crimes Section. U.S. EPA’s National Enforcement Investigations Center in Denver assisted in the investigation. The case was prosecuted by the U.S. Attorney’s Office.