BISMARCK, ND – A North Dakota man has been sentenced following a federal investigation into the illegal disposal of oil and gas wastewater, a practice that threatened underground sources of drinking water. Jason Halek, along with co-defendant Nathan Garber, knowingly violated regulations designed to protect the state’s groundwater, according to court documents unsealed this week.
The case centers around the Halek 5-22 saltwater disposal well, which received brine and other waste fluids – commonly referred to as “saltwater” – generated by oil and gas operations. While underground injection of such waste is permitted, it requires strict adherence to regulations, including mandatory well integrity tests and proper operational procedures. Investigators found Halek and Garber systematically disregarded these requirements, prioritizing cost-cutting measures over environmental safety.
Halek admitted to injecting saltwater into the Halek 5-22 well without the required state-witnessed integrity test, a crucial step in ensuring the well’s ability to contain waste fluids. He also confessed to injecting fluids down the “annulus” – the space between the well casing and the tubing – in direct violation of the well’s permit. Furthermore, Halek failed to notify state regulators of the initial injection date, concealing vital information from oversight agencies. Garber’s actions were even more egregious, as he continued to inject waste into the well *after* it failed a pressure test in February 2012, knowingly operating a compromised well that posed a significant risk of groundwater contamination.
According to the EPA’s Criminal Investigation Division, Garber also conspired with others to falsify records and mislead state inspectors. He illegally moved a “packer” – a device essential for maintaining well integrity – without obtaining the necessary approval, and then provided false information about its depth during an inspection. Despite these violations, Garber continued to operate the well until a state employee intervened and shut it down in March 2012. The regulator noted that there was “no assurance as to the integrity of the well and that ‘the fluid could be going anywhere.’”
Penalties and Legal Ramifications
Jason Halek was sentenced on February 16, 2018, to three years of supervised release, a $50,000 fine, and $30,000 in restitution. He was also ordered to spend up to one year in a halfway house. Halek previously pleaded guilty on April 12, 2017, to three counts of violating the Safe Drinking Water Act. Nathan Garber received three years of supervised release and was ordered to pay $5,000 in restitution. Garber’s guilty pleas, entered on September 26, 2014, included one count of conspiracy to violate the Safe Drinking Water Act and defraud the United States, five counts of violating the Safe Drinking Water Act, two counts of making false statements, two counts of falsification of records, and one count of concealment of a tangible object. The violations fall under 42 U.S.C. 300h-2, 18 U.S.C. 1001, 18 U.S.C. 371, and 18 U.S.C. 1519.
Key Facts
- Defendants: Jason Halek and Nathan Garber
- Location: North Dakota
- Crime: Illegal disposal of oil and gas wastewater, falsification of records, and violations of the Safe Drinking Water Act.
- Well: Halek 5-22 saltwater disposal well
- Key Violations: Failure to conduct well integrity tests, improper injection practices, and providing false information to regulators.
- Investigation: Conducted by the U.S. Environmental Protection Agency’s Criminal Investigation Division, with cooperation from the State of North Dakota and the North Dakota Industrial Commission.
This case highlights the ongoing challenges faced by environmental regulators in overseeing the rapidly expanding oil and gas industry. The EPA and state agencies continue to emphasize the importance of compliance with environmental regulations to protect vital resources like groundwater from contamination. The successful prosecution of Halek and Garber serves as a warning to others who may prioritize profit over environmental responsibility.
Source: EPA ECHO Enforcement Case Database
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