Benedict W. Lupo, Illicit Dumping Of Fracking Waste, Ohio 2014

Youngstown, OH – Benedict W. Lupo, 64, of Poland, Ohio, has been sentenced to 28 months in federal prison and fined $25,000 for illegally dumping fracking waste into a tributary of the Mahoning River. The sentencing, handed down by U.S. District Judge Donald Nugent, concludes a case highlighting the risks associated with the booming oil and gas industry and the critical need for environmental oversight.

Lupo, owner of Hardrock Excavating LLC, a Youngstown-based company servicing the oil and gas sector, directed his employees to discharge waste liquid from the company’s 58 storage tanks – each capable of holding approximately 20,000 gallons – into a nearby stormwater drain. These illicit discharges occurred more than 30 times between November 1, 2012, and January 31, 2013. Lupo specifically instructed employees to carry out the dumping under the cover of darkness and when no witnesses were present, demonstrating a clear intent to conceal the illegal activity.

The waste liquid, consisting of brine and drill cuttings, ultimately flowed into a tributary of the Mahoning River, a vital waterway for the region. A sample collected on January 31, 2013, revealed the presence of hazardous pollutants, including benzene and toluene, raising serious concerns about potential health and environmental impacts. The timing of the case also drew attention, coming shortly after the 2014 Toledo water crisis, which underscored the vulnerability of Ohio’s water supplies.

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Investigation and Prosecution

The investigation was a collaborative effort involving the Ohio EPA, Ohio Department of Natural Resources, U.S. EPA, the Ohio Bureau of Criminal Investigation, the Youngstown Department of Public Works, and the Youngstown Fire Department. Special Assistant U.S. Attorney Brad Beeson led the prosecution, successfully demonstrating Lupo’s direct involvement in the illegal dumping. Officials noted a gap in Ohio state law prevented more stringent local action, necessitating federal intervention.

Official Statements

“Clean air and fresh water is the birthright of every man, woman and child in this state,” stated Steven M. Dettelbach, former United States Attorney for the Northern District of Ohio. “Intentionally breaking environmental laws is not the cost of doing business, it’s going to cost business owners their freedom.” Ohio Attorney General Mike DeWine echoed this sentiment, emphasizing the importance of protecting waterways and holding those who endanger public health and natural resources accountable. Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio, affirmed the agency’s commitment to protecting natural resources through rigorous enforcement.

Legal Ramifications

Lupo was found guilty of one count of making an unpermitted discharge, a violation of the Clean Water Act, 33 U.S.C. 1319(c)(2)(A). This conviction carries a maximum penalty of five years in prison and a $250,000 fine for each day of violation. In addition to the prison sentence, Lupo was ordered to pay the $25,000 fine. The case serves as a stark warning to others in the oil and gas industry that environmental regulations will be strictly enforced and violations will be met with significant legal consequences.

Key Facts

Defendant: Benedict W. Lupo
Company: Hardrock Excavating LLC
Location: Youngstown, Ohio
Crime: Illegal dumping of fracking waste
Statute Violated: Clean Water Act, 33 U.S.C. 1319(c)(2)(A)
Sentence: 28 months imprisonment and $25,000 fine
Discharge Frequency: Over 30 times between Nov. 1, 2012 – Jan. 31, 2013
Pollutants Found: Benzene and Toluene

Source: EPA ECHO Enforcement Case Database

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Benedict W. Lupo, Illicit Dumping of Fracking Waste, Ohio 2014

Investigation and Prosecution

Official Statements

Legal Ramifications

Key Facts

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