David N. Jenkins, Illicit Fracking Waste Dumping, Ohio 2016

YOUNGSTOWN, OH – David N. Jenkins was sentenced to 36 months of probation and 150 hours of community service in October 2016 for his role in illegally dumping fracking waste into a tributary of the Mahoning River. The case, investigated by a multi-agency task force, reveals a pattern of deliberate pollution orchestrated by Hardrock Excavating, LLC, a company servicing the oil and gas industry in Ohio and Pennsylvania.

According to court documents, Jenkins, an employee of Hardrock Excavating, was directed by company owner Benedict Lupo to oversee the discharge of approximately 20,000 gallons of fracking waste—including brine and oil-based drilling mud—into a stormwater drain. This illicit activity occurred over several months, with Lupo allegedly instructing Jenkins to conduct the dumping at night to avoid detection. The waste originated from roughly 58 mobile storage tanks maintained on the Hardrock Excavating property.

The dumping wasn’t a one-time incident, but rather a sustained effort to circumvent environmental regulations and cut costs. The stormwater drain ultimately fed into a tributary of the Mahoning River, a vital waterway for the region. Authorities were alerted to the illegal dumping, prompting a joint investigation by the Ohio Environmental Protection Agency, the Ohio Department of Natural Resources, the U.S. EPA Criminal Investigation Division, and the Ohio Bureau of Criminal Investigation.

Lupo bore the brunt of the legal consequences, receiving a 28-month prison sentence and a $25,000 fine. Hardrock Excavating, LLC, was slapped with a $75,000 fine, a $25,000 community service payment (split between Friends of the Mahoning River and the Midwest Environmental Enforcement Association), and a two-year probation period. Fellow employee Michael Guesman received a three-year probation sentence for his involvement.

The case highlights the ongoing risks associated with the fracking industry and the potential for environmental damage when companies prioritize profit over compliance. While Jenkins received a lighter sentence than Lupo, his conviction underscores the legal responsibility of all employees to report and prevent environmental crimes. The severity of the penalties levied against Lupo and Hardrock Excavating demonstrates the federal government’s commitment to prosecuting violations of environmental law.

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Key Facts

Defendant: David N. Jenkins
Crime: Violation of the Clean Water Act
State: Ohio
Year: 2017 (Sentencing occurred in 2016, case initiated in 2016)
Statute Violated: 33 U.S.C. § 1319(c)(2)(A) – knowingly discharging pollutants into waters of the United States without a permit.
Penalty (Jenkins): 36 months probation, 150 hours community service
Penalty (Lupo): 28 months incarceration, $25,000 fine
Penalty (Hardrock Excavating, LLC): $75,000 fine, $25,000 community service, 2 years probation
Waste Type: Brine and oil-based drilling mud from fracking operations