Former Ga. federal official convicted of lying to federal agents about hazaradous sludge

ALBANY, Ga. — A former head of the Marine Corps Logistics Base Environmental Services and Public Works Division in Albany was convicted of lying to federal agents during a hazardous waste investigation.

According to the U.S. Department of Justice, Brian J. Wallace, who was a federal contract while serving as head of MCLB-Albany’s environmental division, was found guilty of making false statements to federal agents investigating hazardous waste in the local community’s sewer system.

The Leesburg resident was found guilty by a jury on Feb. 28 after a three-day trial.

Federal officials said agents were investigating issues involving a breakdown of a wastewater treatment facility in Albany, where an on-base treatment plan discharged untreated water containing hazardous waste into the local water system.

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The case stemmed from a May 2021 incident, where the MCLB-Albany industrial waste treatment plant which was used to dispose of things like removed paint and sewage and deposit them into sludge boxes.

Representatives for Horizon Environmental Services, LLC met with Wallace, who hired them to vacuum the materials out of the IWTP so repairs could be made. However, Horizon was not permitted by the U.S. Environmental Protection Agency to transport the hazardous waste.

Despite this lack of permission, Horizon moved 40,000 gallons of sludge to and from the MCLB-Albany base multiple times without properly documenting what was contained, according to federal officials.

“Court evidence showed that approximately 30,000 gallons of liquid layer from the clarifier was pumped into the City of Albany’s sewer system on May 10, 2021, through a manhole at the MCLB-Albany’s IWTP and that the City of Albany was not properly notified, as required by law,” USDOJ said.

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When EPA staff came to the base to investigate the waste disposal, Wallce told them “he was unaware of anyone pumping the liquid layer from the clarifier into the sewer system through the IWTP manhole.”

In Court, it was proven that Wallace did know and had lied to EPA investigators.

“Providing false statements to EPA Special Agents while investigating the illegal dumping of hazardous waste into the City of Albany’s sewer system and subsequent illegal transportation of the waste is a crime,” said EPA-CID Acting Special Agent in Charge Kristopher Martel. “This guilty verdict demonstrates the agency’s commitment to protect communities and their water resources and to hold those who materially falsify information accountable for their actions.”

While the USDOJ said there was no evidence of a spill or harm to the Albany community, a rainstorm two days after the IWTP breakdown “could have led to a resulting overflow before the liquid reached the City of Albany’s water treatment facility.”

Now convicted by a federal jury, Wallace faces up to five years in prison followed by three years of supervised release and may have to pay a $250,000 fine.

His co-defendant, Horizon Environmental Services, pled guilty to reckless conduct in May 2023 and was sentenced to two years of probation, 100 hours of community service, $900 in restitution to MCLB-Albany, what USDOJ said was Horizon’s profit for the contract work and a $10,000 fine on Aug. 3, 2023, according to officials.

“Thankfully no hazardous waste made its way into the Flint River—a stunning ecosystem central to Southwest Georgia life—as a result of this gross deviation from the standard of care required by all industries disposing waste into our shared environment,” said U.S. Attorney Peter D. Leary. “Federal prosecutors and our law enforcement partners will hold individuals and businesses accountable when their unlawful and reckless choices put people and our environment at risk.”

Wallace’s sentencing has not been scheduled yet, according to the Justice Department.

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