YOUNGSTOWN, OH – Benedict W. Lupo, 64, of Poland, Ohio, is trading his business suit for an orange jumpsuit after being sentenced to 28 months in federal prison for knowingly poisoning a Mahoning River tributary with fracking waste. The owner of Hardrock Excavating LLC was found guilty of one count of making an unpermitted discharge, a violation of the Clean Water Act, and slapped with a $25,000 fine by U.S. District Judge Donald Nugent.
Court documents reveal Lupo orchestrated the illegal dumping on over 30 occasions between November 1, 2012, and January 31, 2013. Lupo, operating out of a facility at 2761 Salt Springs Road in Youngstown, directed his employees to covertly empty the contents of 58 mobile storage tanks – each capable of holding 20,000 gallons of brine and oil-based drilling mud – directly into a nearby stormwater drain. The timing? Always after dark, and only when no witnesses were around.
“Clean air and fresh water is the birthright of every man, woman and child in this state,” declared U.S. Attorney for the Northern District of Ohio, Steven M. Dettelbach. “Intentionally breaking environmental laws is not the cost of doing business, it’s going to cost business owners their freedom.” The sentiment was echoed by Ohio Attorney General Mike DeWine, who pointed to the recent Toledo water crisis as a stark reminder of the fragility of our water resources. “Those who commit crimes against the environment jeopardize the health and safety of Ohioans,” DeWine stated.
The final, damning discharge on January 31, 2013, contained a particularly toxic cocktail of brine and drill cuttings. Investigators found the effluent was black and analysis confirmed the presence of hazardous pollutants, including benzene and toluene – known carcinogens. Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio, emphasized that “Discharging pollution into waterways is illegal and endangers human health, wildlife and the environment.”
The investigation, a collaborative effort between 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, revealed a troubling gap in Ohio law. Ohio EPA Director Craig W. Butler explained, “This case highlighted a gap in Ohio law regarding the State’s ability to take strong legal action… We are fortunate the U.S. Department of Justice used its legal authority to pursue felony violations.”
Lupo’s greed-fueled scheme wasn’t about accidental runoff. It was a calculated decision to cut corners and skirt environmental regulations, putting profit above public health and the integrity of the Mahoning River. Special Assistant U.S. Attorney Brad Beeson successfully prosecuted the case, sending a clear message: environmental crimes will be pursued, and those responsible will face serious consequences. Lupo will now have plenty of time to reflect on his choices – behind bars.
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Key Facts
- State: Ohio
- Agency: DOJ USAO
- Category: White Collar Crime
- Source: Official Source ↗
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