Ohio Excavation Firm, Execs Dumped Waste Into Mahoning River

YOUNGSTOWN, OH – A federal grand jury has indicted two Ohio men and a Youngstown-based excavation company for flagrantly violating the Clean Water Act, according to a statement released by U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio. The charges stem from the illegal discharge of hazardous waste into a tributary of the Mahoning River, a waterway already burdened by decades of industrial fallout.

Benedict W. Lupo, 62, of Poland, Ohio, Michael L. Guesman, 34, of Cortland, Ohio, and Hardrock Excavating LLC are each accused of repeatedly dumping brine and oil-based drilling mud into a stormwater drain between November 1, 2012, and January 31, 2013. The indictment alleges the drain fed directly into an unnamed tributary, ultimately contaminating the Mahoning River. The operation, sources say, was a calculated attempt to skirt proper disposal costs, putting profit over public health and environmental safety.

According to court documents, Hardrock Excavating LLC, owned by Lupo and located at 2761 Salt Springs Road in Youngstown, services the oil and gas industry in both Ohio and Pennsylvania. The company maintains a storage facility with approximately 58 mobile tanks, each capable of holding 20,000 gallons of waste. The indictment details how Lupo allegedly directed Guesman, an employee, to illegally empty the tanks into the nearby drain, specifically instructing him to do so under the cover of darkness and when no other personnel were present. This wasn’t a mistake; it was a coordinated effort to conceal a crime.

“Clean, fresh water is our greatest resource in Northern Ohio,” Dettelbach stated, signaling a zero-tolerance policy for environmental offenses. “We will aggressively investigate and prosecute cases in which people pollute Ohio’s streams, rivers and lakes.” Ohio Attorney General Mike DeWine echoed this sentiment, calling for state laws to be aligned with federal regulations to provide even greater protection for Ohio’s waterways. “This case is a reminder that we should look at making state law equal to federal law when it comes to protecting the waters of Ohio,” DeWine added.

The outrage extends beyond the legal community. Ohio Department of Natural Resources Director Jim Zehringer minced no words, stating, “ODNR takes illegal dumping of oilfield waste into Ohio waters very seriously, and this type of action will not be tolerated.” Scott Nally, Director of the Ohio EPA, described the incident as “deceptive and illegal conduct, without regard to human health and the environment,” and vowed to work with federal and local agencies to hold the responsible parties accountable. Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program, emphasized the increasing need for responsible waste management in the booming natural gas industry. “These defendants are alleged to have knowingly and repeatedly discharged stored brine and oil-based drilling mud,” Ashe stated. “If companies and their senior managers try to save money by circumventing environmental laws, they will be vigorously prosecuted.”

The indictment serves as a stark warning to other companies operating in the oil and gas sector: environmental regulations are not optional, and those who prioritize profits over the well-being of communities and the environment will face the full force of the law. Grimy Times will continue to follow this case as it unfolds, bringing you the latest updates on the prosecution of Lupo, Guesman, and Hardrock Excavating LLC.