YOUNGSTOWN, OH – A Cortland, Ohio man was sentenced to probation after pleading guilty to illegally dumping toxic waste into a tributary of the Mahoning River, federal prosecutors announced. Michael P. Guesman, 34, admitted to discharging brine and oil-based drilling mud, byproducts of oil and gas operations, into a stormwater drain leading to the river, a violation of the Clean Water Act.
The scheme, carried out over a two-month period beginning in December 2012, was allegedly directed by Benedict W. Lupo, the owner of Hardrock Excavating LLC, a Youngstown-based company providing waste management services to the oil and gas industry. Guesman, an employee of Hardrock, was instructed to empty tanks containing the hazardous liquids into the drain after dark, avoiding detection. Investigators determined the dumping occurred on approximately 24 separate nights.
Environmental Impact and Investigation
The discharged waste, a black, viscous mixture, contained pollutants including benzene and toluene, both known hazardous substances. Samples analyzed by authorities confirmed the presence of these toxins, raising concerns about the potential impact on the Mahoning River ecosystem and human health. The Ohio EPA, along with the Department of Natural Resources, U.S. EPA, Ohio Bureau of Criminal Investigation, and local Youngstown agencies, collaborated on the investigation that ultimately led to Guesman’s guilty plea.
Company’s Role and Motive
Court documents reveal that Hardrock Excavating LLC routinely accepted brine, flowback, and oil-based drilling mud – all waste products from fracking operations – storing them in 20,000-gallon tanks. Instead of properly treating and disposing of the waste, Lupo allegedly ordered Guesman to illegally discharge it, a cost-cutting measure that prioritized profit over environmental responsibility. The stormwater drain ultimately fed into an unnamed tributary of the Mahoning River, a designated waterway of the United States.
Legal Consequences and Prosecution
Guesman pleaded guilty to one count of violating the Clean Water Act, specifically 33 U.S.C. § 1319(c)(2)(A), which prohibits the discharge of pollutants without a permit. While Guesman received 36 months of probation, the case highlights the EPA’s commitment to enforcing environmental regulations and holding individuals accountable for polluting waterways. Federal prosecutors emphasized the seriousness of the offense, stating that such actions threaten both the environment and public health.
Future Outlook
The investigation into the actions of Benedict W. Lupo and Hardrock Excavating LLC is ongoing, and further charges are possible. This case serves as a stark reminder of the potential environmental damage caused by improper waste disposal in the oil and gas industry and the importance of diligent oversight and enforcement of environmental laws.
Key Facts
- Defendant: Michael P. Guesman, 34, of Cortland, Ohio
- Crime: Illegal discharge of toxic waste into the Mahoning River watershed
- Location: Youngstown, Ohio
- Waste Material: Brine, flowback, and oil-based drilling mud
- Statute Violated: 33 U.S.C. § 1319(c)(2)(A) – Clean Water Act
- Penalty: 36 months probation
- Co-conspirator: Benedict W. Lupo, owner of Hardrock Excavating LLC
- Frequency of Dumping: Approximately 24 nights between December 2012 and January 2013
Source: EPA ECHO Enforcement Case Database
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