Muskogee, OK – A Houston-based natural gas and oil drilling contractor, Integrated Production Services, Inc. (IPS), and one of its supervisors have been sentenced for a negligent violation of the Clean Water Act following a 2007 incident in Atoka County, Oklahoma. The sentencing, handed down in federal court, highlights the growing scrutiny of environmental practices within the fracking industry.
According to court documents, the incident occurred at the Pettigrew 18-3H well site where IPS was conducting hydraulic fracturing operations. These operations utilized hydrochloric acid to penetrate bedrock formations. On May 24, 2007, a leak released an estimated 400-700 gallons of hydrochloric acid onto the well pad. Compounding the issue, the site was simultaneously experiencing heavy rainfall and subsequent flooding.
Gabriel Henson, a crew supervisor for IPS, took actions that directly led to the contamination of local waterways. Rather than properly containing the mixture of rainwater and hydrochloric acid, Henson intentionally drove a company-owned pickup truck through an earthen berm. This breach allowed the contaminated runoff to flow directly into Dry Creek, a tributary of Boggy Creek – both designated as “waters of the United States” under the Clean Water Act.
Both IPS and Henson pleaded guilty to the negligent violation of the Clean Water Act. IPS admitted to failing to properly manage hazardous materials and prevent their release into the environment. Henson acknowledged his direct role in facilitating the illegal discharge. The Justice Department, in a joint prosecution with the U.S. Attorney’s Office for the Eastern District of Oklahoma and the Environmental Crimes Section, emphasized the importance of holding companies and individuals accountable for environmental negligence.
Penalties and Restitution
IPS was sentenced to a two-year period of probation and ordered to pay a criminal fine of $140,000. In addition to the fine, the company was directed to contribute $22,000 to the Oklahoma Department of Wildlife Conservation for ecological studies and remediation efforts focused on Boggy Creek. Furthermore, IPS is required to implement an Environmental Compliance Program costing at least $38,000 to improve employee training in hazardous waste handling and spill response procedures. Henson received a two-year probation sentence and was fined $2,500.
Investigation and Prosecution
The case was the result of a collaborative investigation conducted by the U.S. Environmental Protection Agency’s Criminal Investigation Division and the Oklahoma Attorney General’s Office of Inspector General. This joint effort underscores the commitment of both federal and state agencies to protect Oklahoma’s natural resources and enforce environmental regulations.
Key Facts
- Defendant: Integrated Production Services, Inc. & Gabriel Henson
- Crime: Negligent violation of the Clean Water Act (33 U.S.C. 1319(c)(1)(A))
- Location: Atoka County, Oklahoma
- Date of Incident: May 24, 2007
- Contaminant: Approximately 400-700 gallons of hydrochloric acid
- Waterways Affected: Dry Creek & Boggy Creek
- Penalties: IPS – $140,000 fine, $22,000 restitution, 2 years probation, $38,000+ training program. Henson – $2,500 fine, 2 years probation.
This case serves as a stark reminder of the potential environmental consequences associated with oil and gas operations, and the legal ramifications for companies and individuals who fail to prioritize responsible environmental stewardship. The EPA continues to investigate similar incidents across the nation, seeking to deter future violations and protect vital water resources.
Source: EPA ECHO Enforcement Case Database
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