Warren Man Charged with Violating the Clean Water Act
A former employee of a Youngstown-based company has been charged with violating the Clean Water Act for directing another employee to dump fracking waste into a tributary of the Mahoning River.
David N. Jenkins, 34, of Warren, Ohio, was charged via criminal information with one count of making unpermitted discharges in violation of the Clean Water Act.
According to the indictment and related court documents, Jenkins was a former employee of Hardrock Excavating LLC, a company owned by Benedict Lupo and located at 2761 Salt Springs Road in Youngstown.
The company provided services to the oil and gas industry in Ohio and Pennsylvania, including the storage of brine and oil-based drilling mud used in hydrofracturing, or fracking.
On or about November 1, 2012, Lupo directed employees to empty some of the waste liquid stored at the facility into a nearby wastewater drain, which flowed into a tributary of the Mahoning River and ultimately into the Mahoning River.
Jenkins was involved in the activity and directed other employees to empty the stored waste liquids into the stormwater drain at night, which included brine and drill cuttings. A sample of the discharge taken on January 31, 2013, was black in color and showed the presence of several hazardous pollutants, including benzene and toluene.
Hardrock Excavating LLC, a Youngstown-based company, is the subject of a previous conviction for making an unpermitted discharge and was sentenced to more than two years in prison.
The case is being prosecuted by Special Assistant U.S. Attorney Brad Beeson following an investigation by 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.
David N. Jenkins, if convicted, will face a sentence determined by the court after reviewing factors unique to this case, including his prior criminal record, his role in the offense, and the characteristics of the violation.
Key Facts
- State: Ohio
- Category: Environmental Crime
- Source: DOJ Press Release â†â€â€
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