Joshua M. Franklin, Clean Water Act Violation, Kentucky 2018
A federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin, 32, with violating the Clean Water Act. Franklin, an operator at an oil lease tank battery in Columbia, allegedly failed to ensure that brine water, a waste product from oil production, was separated from the oil before it was delivered to customers.
The indictment alleges that on August 22, 2018, the oil/water separator at the site used to remove brine water was not functioning. As a result, Franklin attached a conduit to the bottom of the oil tank and placed the open end of the conduit yards from a nearby creek. He then opened the tank valve, allowing a mixture of brine water and oil to discharge from the tank.
With the valve still open, Franklin left the site. As a result, approximately 100 barrels (about 4,000 gallons) of the oily mixture discharged into a nearby creek and eventually flowed into connecting tributaries.
The Environmental Protection Agency and the Kentucky Department of Environmental Protection conducted the investigation. The maximum penalty under the Clean Water Act is three years’ imprisonment and a fine of $250,000. A court may also impose a restitution payment for the costs of the cleanup.
The government is represented by Senior Trial Attorney Daniel Dooher and Trial Attorney Ryan Connors of the Environmental Crimes Section.
An indictment is only an allegation, and the defendant is presumed innocent until proven otherwise before a jury at trial.
Joshua M. Franklin, 32, is the defendant in this case. The exact criminal charges are violating the Clean Water Act. The city and state are Columbia, Kentucky. The exact date of the crime is August 22, 2018. The sentence or outcome has not been determined yet.
Key Facts
- State: Kentucky
- Category: Environmental Crimes
- Source: DOJ Press Release â†â€â€
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