SYCAMORE VALLEY, OH – Donald Hercher, 67, owner of Hercher Oil Company in Monroe County, Ohio, has been sentenced for illegally dumping wastewater from oil and gas operations, violating federal environmental regulations. The case, brought by the U.S. Environmental Protection Agency (EPA) and the Ohio Environmental Protection Agency (Ohio EPA), highlights ongoing concerns regarding responsible waste disposal within the burgeoning oil and gas industry.
According to court documents, Hercher was discharging approximately 50 gallons of oily brine water *per week* directly into a roadside ditch near Rias Run. This ditch ultimately feeds into the Ohio River, raising significant concerns about potential ecological damage and contamination of a vital waterway. The discharge occurred from approximately 30 oil and gas wells operated by Hercher Oil Company.
The investigation, a collaborative effort between the U.S. EPA, Ohio EPA, and the Ohio Bureau of Criminal Investigation (BCI), revealed a pattern of unpermitted discharge, a clear violation of the Clean Water Act. Federal prosecutors argued that Hercher knowingly circumvented proper disposal methods to cut costs, prioritizing profit over environmental stewardship. The case underscores the EPA’s commitment to holding individuals accountable for polluting waterways.
Legal Ramifications & Sentencing
On January 20, 2016, Hercher pleaded guilty to the charge of unpermitted discharge under 33 U.S.C. 1319(c)(2)(A), a section of the Clean Water Act specifically addressing the discharge of pollutants without a permit. On June 14, 2016, U.S. District Judge Michael H. Watson handed down the sentence: a $70,000 fine, four days of imprisonment, and a two-year probationary period.
However, the penalties didn’t end there. In addition to the financial and custodial sentences, Hercher was ordered to pay $5,000 to the National Fish and Wildlife Foundation and complete 104 hours of community service within Monroe County. Uniquely, the court also mandated Hercher to disseminate cautionary information to his peers in the oil and gas industry. He’s required to submit a statement to the Southeast Ohio Oil and Gas Producers and the Ohio Oil and Gas Association warning against similar illegal practices.
Industry-Wide Warning
Perhaps the most impactful aspect of the sentencing is the requirement for Hercher to author an article for publication in at least three trade journals. This article will focus on the “Mississippian Exemption” – a controversial legal interpretation regarding certain oil and gas activities – and clarify its *lack* of applicability to waterways falling under federal jurisdiction. This stipulation effectively forces Hercher to educate others on the legal boundaries of acceptable waste disposal practices. Furthermore, Hercher must register all his wells and ensure compliance with state laws within 90 days.
Key Facts
- Defendant: Donald Hercher
- Company: Hercher Oil Company
- Location: Monroe County, Ohio
- Crime: Illegal discharge of oily brine water into a tributary of the Ohio River.
- Statute Violated: 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
- Penalty: $70,000 fine, 4 days imprisonment, 2 years probation, $5,000 to National Fish and Wildlife Foundation, 104 hours community service, industry warning, and well compliance registration.
- Date of Sentencing: June 14, 2016
Acting U.S. Attorney Benjamin C. Glassman praised the collaborative investigation and emphasized the importance of protecting the nation’s waterways. Assistant United States Attorney J. Michael Marous prosecuted the case.
Source: EPA ECHO Enforcement Case Database
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