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, exposed 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, directed other workers to discharge approximately 20,000 gallons of brine and oil-based drilling mud – byproducts of the hydraulic fracturing, or fracking, process – into a storm drain connected to the Mahoning River. These discharges occurred over several months, and were often carried out under the cover of darkness at the direction of Hardrock owner, Benedict Lupo.
Fracking Waste Dumped Illegally
The scheme involved approximately 58 mobile storage tanks on the Hardrock Excavating property, each capable of holding 20,000 gallons of hazardous waste. Rather than properly disposing of this material, Lupo allegedly instructed employees, including Jenkins, to bypass environmental regulations and dump the waste directly into the waterway. The motivation appears to be cost-cutting measures, avoiding the expense of legal and responsible waste disposal.
Broader Investigation & Penalties
This case was far from isolated. The investigation was a collaborative effort between 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. The probe revealed a systemic disregard for environmental law and a willingness to prioritize profit over public health and ecological preservation.
Legal Ramifications and Sentencing
Jenkins pled guilty to violating the Clean Water Act (33 U.S.C. § 1319(c)(2)(A)). While Jenkins received 36 months of probation and 150 hours of community service, the penalties extended far beyond him. Benedict Lupo, the owner of Hardrock Excavating, was sentenced to 28 months of incarceration and a $25,000 fine. Hardrock Excavating itself was ordered to pay a $75,000 fine, contribute $25,000 to Friends of the Mahoning River and the Midwest Environmental Enforcement Association for community service, and complete a two-year term of probation. Another employee, Michael Guesman, received a three-year probationary sentence.
Key Facts
- Defendant: David N. Jenkins
- Crime: Illegal dumping of fracking waste
- Location: Mahoning River tributary, Ohio
- Year: 2016-2017
- Statute Violated: 33 U.S.C. § 1319(c)(2)(A) – Clean Water Act
- Jenkins Sentence: 36 months probation, 150 hours community service
- Lupo Sentence: 28 months incarceration, $25,000 fine
- Hardrock Excavating Penalty: $75,000 fine, $25,000 community service, 2 years probation
This case serves as a stark reminder of the potential environmental damage caused by improper waste disposal in the booming fracking industry and the importance of diligent enforcement of environmental regulations. GrimyTimes will continue to follow developments in environmental crime and hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
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