The owner of a Youngstown company is headed to prison after ordering his employees to repeatedly dump fracking waste directly into a tributary of the Mahoning River in Ohio.
Benedict W. Lupo of Hardrock Excavating was sentenced to 28 months in prison for violating the U.S. Clean Water Act. Hardrock Excavating was responsible for storing, treating and disposing of waste materials generated by oil and gas drilling , according to Northeast Ohio Media Group.
Under the instruction of Lupo, Michael Guesman of Cortland and Mark Goff of Newton Falls dumped tens of thousands of gallons of fracking waste into the tributary rendering it, according to the prosecutor at Lupo’s trial, completely void of life. The pair made over 30 discharges of toxic fracking waste between Nov. 1, 2012 and Jan. 31, 2013. Lupo ordered his two employees to dispose of the waste directly into the storm drain that flowed right into the tributary. They were told to dump the fracking waste at night, in the dark and after everyone else had left work.
His employees tried to talk him out of dumping the fracking waste into the tributary, but he refused their pleas. Guesman and Goff feared for their jobs if they refused, and Lupo then told his employees to lie about dumping the fracking toxins.
The fracking waste included toluene, benzene, saltwater brine, and other hazardous pollutants generated by fracking, more properly called “hydraulic fracturing.” The fracking waste killed almost all of the life in the creek. “Even the most pollution-tolerant organisms, such as nymphs and cadis flies, were not present,” Brad Beeson, an assistant U.S. attorney, wrote. “The creek was essentially dead.”
Lupo pleaded guilty and apologized to residents of the Mahoning Valley, as well as his family, in a statement to the judge. “My actions were irresponsible,” he wrote. “If this was 20 years ago, this probably never would have happened,” he explained. He stated that he had been very ill. He suffers from chronic pain and diabetes, and he requires daily dialysis treatments. He said the stress over what he referred to as a “corporate divorce” of his business has also left him extremely stressed.
Earlier, Ecowatch reported :
“The Ohio Department of Natural Resources revoked the permits of Hardrock, a brine hauler, and D&L Energy after workers at the companies’ Youngstown headquarters reported seeing the material being dumped.”
“Clean air and fresh water is the birthright of every man, woman and child in this state,” U.S. Attorney Steven Dettelbach said. “Intentionally breaking environmental laws is not the cost of doing business, it’s going to cost business owners their freedom.” Activists, scientists, and even owners of breweries are concerned about the implications of fracking on water supplies, even when disposed of legally. This year, a family from Texas was awarded three million dollars in a lawsuit against a fracking company.
Guesman and Goff were sentenced to probation for following their employers orders. In addition to the 28-month prison sentence, U.S. District Judge Donald Nugent also fined Benedict Lupo 25,000 dollars for ordering his employees to dump fracking waste into the Mahoning River tributary.
