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Ex-Sebring water operator pleads innocent
SEBRING
James V. Bates, the former water-system operator here, has entered a written innocent plea to three criminal counts the state brought against him in the village’s crisis earlier this year over lead in drinking water.
He waived his right to be present for his arraignment.
Through his lawyer, John B. Juhasz of Boardman, Bates also waived his right to a speedy trial in a Tuesday court filing and asked that he be allowed to remain free on his own recognizance based on his longtime local residence and family ties to this area.
Bates, 60, of Carey Road, Salem, was scheduled to be arraigned this morning before Judge Diane Vettori in Mahoning County Area Court.
Bates faces two counts of recklessly failing to provide timely notice of individual lead tap-water test results to affected consumers and one count of recklessly failing to provide timely systemwide public education in violation of Ohio’s safe-drinking water laws.
Each count is a misdemeanor carrying up to four years in prison and up to a $10,000 fine for each day of violation.
Juhasz declined Wednesday to comment on the charges.
They were filed July 13 by the office of Ohio Attorney General Mike DeWine, and announced by DeWine and Craig W. Butler, Ohio Environmental Protection Agency director.
A tap-water drinking advisory was issued; schools closed; blood lead-level testing clinics were conducted; and free bottled water was distributed when the crisis erupted in January after high lead levels were detected in August and September 2015.
Before June, water-supply officials had 30 days to notify homeowners whose taps were tested of lead level results and 60 days to notify the entire community.
On June 9, Gov. John Kasich signed House Bill 512, requiring residents to be notified of results within two days.
Lead levels exceeding 15 parts per billion are considered unsafe by the U.S. EPA and the U.S. Centers for Disease Control and Prevention.
Some Sebring taps tested above 36 ppb.
After Village Manager Richard Giroux put Bates on paid administrative leave in January, the OEPA revoked Bates’ license, and Bates was fired.
Two OEPA officials were terminated after the Sebring lead issue publicly surfaced: Kenneth Baughman, a $70,491-a-year environmental specialist; and Julie Spangler, an $82,451-a-year environmental supervisor.
The criminal case against Bates is being prosecuted by Robert W. Cheugh II and Kenneth H. Egbert Jr., assistant Ohio attorneys general.
In the bill of particulars they filed Friday to explain the charges, the prosecutors noted that Bates had notified Giroux of the lead problem Sept. 30, 2015, but they said Bates, as the licensed operator of record, was legally responsible for meeting the system’s monitoring and public notification requirements.
“The problem is caused by old waterlines going in old houses with lead used as its solder,” the prosecutors said.
On Sept. 25, an OEPA official told Bates that continuing his attempts to pass OEPA lead standards by taking more water samples was inadvisable and advised Bates to focus on anti-corrosive treatment of the water to reduce leaching of lead into it.
OEPA provided Bates with multiple written notices of noncompliance between September 2015 and January 2016, which prosecutors said Bates “completely disregarded.”