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 case highlights the ongoing risks associated with hydraulic fracturing, commonly known as fracking, and the potential for environmental damage if proper safeguards are not maintained.
According to court documents, the incident occurred at the Pettigrew 18-3H well site where IPS was conducting fracking operations. These operations involved the use of hydrochloric acid to penetrate layers of bedrock. On May 24, 2007, approximately 400-700 gallons of hydrochloric acid leaked from a tank onto the well site, coinciding with significant rainfall. Gabriel Henson, the IPS crew supervisor, then directed a company pickup truck to breach an earthen berm, intentionally releasing contaminated rainwater – mixed with the leaked hydrochloric acid – into Dry Creek, a tributary of Boggy Creek.
Boggy Creek is considered a “water of the United States” under the Clean Water Act, placing it under federal jurisdiction and protection. The intentional discharge of hazardous materials into the waterway constituted a clear violation of environmental regulations. Investigators from the U.S. Environmental Protection Agency’s Criminal Investigation Division and the Oklahoma Attorney General’s Office of Inspector General worked jointly to build the case, ultimately leading to guilty pleas from both IPS and Henson.
Both defendants pleaded guilty to a negligent violation of 33 U.S.C. 1319(c)(1)(A), which specifically addresses the discharge of pollutants without a permit. IPS was sentenced on April 27, 2012, to a two-year probation period and ordered to pay a $140,000 criminal fine. Additionally, the company was directed to contribute $22,000 towards the Oklahoma Department of Wildlife Conservation for ecological studies and remediation efforts focused on Boggy Creek. A further stipulation of the sentence requires IPS to implement a comprehensive Environmental Compliance Program, costing no less than $38,000, to train employees in proper hazardous waste handling and spill response procedures.
Henson received a two-year probation sentence and was fined $2,500. The relatively lenient sentencing for an individual directly involved in the discharge has raised questions among environmental advocacy groups, who argue for stricter penalties for those who knowingly or negligently endanger waterways. The Department of Justice, however, maintains that the combined penalties and mandated compliance program represent a significant deterrent to future violations.
Key Facts
- Defendant: Integrated Production Services, Inc. & Gabriel Henson
- Crime: Negligent violation of the Clean Water Act
- Location: Atoka County, Oklahoma
- Date of Incident: May 24, 2007
- Pollutant: Approximately 400-700 gallons of hydrochloric acid
- Statute Violated: 33 U.S.C. 1319(c)(1)(A)
- Penalties: IPS – $140,000 fine, $22,000 restitution, 2yr probation, $38,000+ compliance program. Henson – $2,500 fine, 2yr probation
- Investigating Agencies: U.S. EPA Criminal Investigation Division, Oklahoma Attorney General’s Office of Inspector General
This case serves as a stark reminder of the potential environmental consequences of oil and gas operations and the importance of stringent adherence to environmental regulations. The prosecution was a joint effort between the U.S. Attorney’s Office for the Eastern District of Oklahoma and the Environmental Crimes Section of the U.S. Department of Justice, Environment and Natural Resources Division, underscoring the federal government’s commitment to enforcing environmental laws.
Source: EPA ECHO Enforcement Case Database
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