Gary Sanitary management company says case against it is flawed in court filing

• Reprints

Updated: June 2, 2011 11:56AM

Without evidence of high levels of E. coli bacteria being released into the Grand Calumet River, federal prosecutors have no basis to accuse United Water Services of criminal activities, the company says in its newest filing.

The filing, in support of United Water’s motion to dismiss charges of conspiracy and violating the U.S. Clean Water Act, says it can’t be accused of tampering with water samples if it wasn’t trying to cover up any violations.

United Water, a for-profit company that operated the Gary Sanitary District from 1998 through 2010, was charged in December in the U.S. District Court in Hammond with not using enough bleach at a GSD treatment plant to make sure any E. coli bacteria in the water was properly killed before the water was released into the Grand Calumet River, which flows into Lake Michigan and by several swimming beaches.

According to the indictment, United Water managers Dwain Bowie and Gregory Ciaccio would instruct employees to turn the chlorine up to proper levels just before daily tests were taken so it would appear the company was properly treating the water, according to the indictment. The chlorine would be turned back down after the tests, the indictment said, to help save the company money by not having to buy so much chlorine.

However, United Water says in its filing that the act of changing chlorine levels itself is not criminal. For instance, the company argues, it could then be accused of criminal conduct for going from 10 times the needed amount of chlorine to five times the amount.

“Such conduct is costly and potentially wasteful but not criminal,” the filing says.

To be criminal, the government would need to present evidence that the chlorine changes were done to cover up the release of more E. coli bacteria into the Grand Calumet than is allowed, of which there is no evidence, the filing says.

United Water dismisses emails introduced recently by the government from other United Water employees discussing concern over the changes in chlorine levels. The company says they should not be considered because they were not in the original indictment.

The company has called for a hearing to discuss the motion to dismiss further.

Contact Teresa Auch Schultz at 648-3120.