MIDDLETOWN, Ohio — The City of Middletown paid $150,000 to a former water treatment plant worker who said he got fired after reporting safety violations, water quality issues and public health concerns to the Ohio EPA.
Matthew Romero filed a lawsuit in U.S. District Court in 2019 against the city and several Middletown officials, including the city manager, water treatment manager and public works director, claiming wrongful firing and retaliation.
As part of a settlement signed on Aug. 4, the city agreed to pay Romero $150,000 for emotional distress, wages and attorney fees. The settlement contains a confidentiality clause, banning Romero and city officials from speaking publicly about its terms.
Romero worked as a plant operator and process control supervisor for Middletown’s water treatment division for a decade before retiring in March 2014.
He later accepted a part-time job as an assistant lab analyst in June 2014 testing municipal drinking water samples.
“He was confronted with multiple incidents of mismanagement, and unsafe, unlawful, and otherwise improper operation and conditions in the water treatment plant,” according to his lawsuit.
Romero discovered a broken pressure gauge that could have led to the rupture of a 40-ton tank and potential injury and death to plant operators in 2015, according to his suit.
By early 2016, Romero “was observing and reporting unsafe, unlawful, and otherwise improper conditions … at least weekly,” such as untrained plant operators, low levels of lime, improper cleaning of chlorine storage tanks, water tests results that showed high pH levels and residents who had not received lead and copper survey test results.
“Mr. Romero also reported his concerns about wells 16 and 17, which had tested for excessive levels of arsenic contamination, as well as additional issues, violations and hazards involving dust suppression,” according to the lawsuit.
When Romero reported his concerns to the Ohio EPA, his supervisors allegedly prohibited him from making future reports.
At an October 2016 meeting, “Mr. Romero refused to agree not to contact the OEPA and to stay silent on matters concerning water quality safety and the waste of public resources, irrespective of whether plant safety violations, water quality or other public health issues were outside the scope of his job duties. Mr. Romero was told that because he would not agree to stay silent, his employment with Middletown would be terminated,” according to the lawsuit.
A spokesperson for the city declined to comment on the settlement but issued a statement about the water system.
“Our water treatment plant is managed and operated by Ohio EPA-certified professional operators dedicated to protecting public health and the environment, and we take great pride in ensuring the highest standards of water quality for our residents,” according to spokesman Byron McCauley.
Recent Ohio EPA sanitary surveys found no deficiencies in the water system, McCauley said. The Ohio EPA is currently conducting a sanitary survey of the city system with results expected in early 2024.
“Our staff has proposed a comprehensive plan of $63.5 million in improvements over the next five years. These critical infrastructure projects will focus on upgrading both the water treatment plant and the distribution system, ensuring that our residents receive the highest quality water services for years to come,” McCauley said.
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