ERIE, PA – Two men connected to a Kansas-based oil and gas company were sentenced this week for illegally dumping over 200,000 gallons of drilling brine into an unapproved well near the Allegheny National Forest, a violation of federal environmental law. The case highlights ongoing concerns about improper waste disposal practices within the burgeoning oil and gas industry and the potential threat to vital drinking water sources.
John Morgan, 54, of Sheffield, Pennsylvania, the site supervisor for Swamp Angel Energy, LLC, and Michael Evans, 66, of La Quinta, California, a 25% owner of the company, both pleaded guilty in February 2010 to a single count of violating the Safe Drinking Water Act (SDWA). The pair admitted to knowingly causing the illegal dumping of brine – a highly saline byproduct of oil and gas extraction – between April 2007 and January 2008. Instead of properly disposing of the waste through authorized channels, they injected it into an oil production well without the necessary permits.
Illegal Dumping Scheme Uncovered
The dumping circumvented the Environmental Protection Agency’s (EPA) Underground Injection Control (UIC) Program, designed to safeguard underground sources of drinking water. The UIC program mandates permits for the injection of fluids into the subsurface, ensuring wells are structurally sound and pose no risk to groundwater. Swamp Angel Energy bypassed this crucial regulatory process, opting for a cheaper, albeit illegal, method of waste disposal. Federal prosecutors argued the defendants knowingly prioritized profit over environmental protection and public health.
During sentencing on June 24, 2010, U.S. District Judge Sean J. McLaughlin emphasized the seriousness of the offense. “Dumping of brine surreptitiously without permits circumvents the regulatory process and poses a significant threat to the environment,” the Judge stated. He further warned the oil and gas industry in Northwest Pennsylvania that non-compliance with regulations would result in “serious consequences.”
Penalties and Investigation
Morgan received a sentence of three years probation, a $4,000 federal fine, eight months of home detention, and 80 hours of community service. Evans faced a similar penalty, receiving three years probation, a $5,000 fine, ten months of home detention, and 100 hours of community service. Both men were convicted under 42 U.S.C. 300h-2(b)(2), which covers willful violations of the Safe Drinking Water Act. The maximum penalty for the crime is three years in prison and a $250,000 fine.
Key Facts
- Defendants: John Morgan and Michael Evans
- Company: Swamp Angel Energy, LLC
- Location: Allegheny National Forest, Pennsylvania
- Crime: Illegal dumping of over 200,000 gallons of drilling brine
- Statute Violated: Safe Drinking Water Act (42 U.S.C. 300h-2(b)(2))
- Penalties: Both men received three years probation, fines ($4,000-$5,000), and home detention.
The investigation was a joint effort by the U.S. Forest Service and the EPA’s Criminal Investigation Division. Shawn M. Garvin, EPA mid-Atlantic Regional Administrator, stated that the action demonstrates the EPA’s commitment to enforcing environmental laws and protecting public health. The EPA has also established a tipline for reporting potential violations: 877-919-4372 or eyesondrilling@epa.gov. This case serves as a cautionary tale for energy companies, underscoring the legal and environmental risks associated with cutting corners on waste disposal.
Source: EPA ECHO Enforcement Case Database
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