President of Enviro-Labs Faces Additional Charges

PITTSFIELD, Mass. — William Enser Jr., the president of Berkshire Enviro-Labs, was back in Superior Court on Tuesday facing new charges.

Enser previously pleaded not guilty to 15 counts of knowingly falsifying reports submitted to the state Department of Environmental Protection and 15 counts of willfully making false reports to MassDEP. He allegedly backdated drinking-water sample analysis to cover up misconduct and feign compliance with environmental laws.

He now faces an additional 14 counts of willfully making false reports to the MassDEP and another 14 counts of knowingly falsifying submitted reports, all of which he pleaded not guilty to in Berkshire Superior Court on Monday. The additional charges brings the total counts up to 58.

According to Attorney General Martha Coakley, Enser, 63, of Lee, continued to work at the lab through February 2013 and failed to submit required sampling that showed bacterial contamination in drinking water samples.

Enser allegedly hid samples that revealed contamination and instead took multiple samples and sent only passing results to the state. Authorities say that in one instance in October 2012, Enser directed an employee to report a drinking water sample which had come from the tap in the Enviro-Labs’ office instead of the public water source.

The lab's certification for testing samples has been revoked by the state.

"These additional charges allege that this defendant failed to submit water sample analysis that showed bacterial contamination to the MassDEP," Coakley said in a press release issued on Tuesday. "He is now prohibited from being involved in the operation of the company and is no longer able to tamper with water testing reports and potentially put people at risk."

After the first arraignment, Enser was prohibited by the court to act as the drinking water system operator, take drinking water samples, conducting water testing or reporting water data. But, he remained active with the company and Judge Daniel Ford ordered receivership of Enviro-Labs. Enser is prohibited from being involved in the company in any way.

"The Environmental Strike Force's continued investigation into the activities of Mr. Enser, who has already been indicted for falsifying drinking water reports, has now revealed evidence of additional fraud," said Commissioner Kenneth Kimmell of MassDEP. "MassDEP is committed to upholding the integrity and the safety of drinking water programs across the Commonwealth."

The investigation began in September 2012. Enser is due back in court in June.