Robert D. Armstrong, Clean Water Act Violation, Ohio 2013

A Monroe County, Ohio oil and gas operator and his company have been sentenced for illegally dumping contaminated wastewater into a tributary of the Little Muskingum River. Robert D. Armstrong, owner and operator of RCA Oil and Gas LLC, and the company itself, pled guilty in February 2013 to violating the Clean Water Act.

The incident occurred in June 2010, during the fracking process at the Cisler #3 well. Armstrong constructed a large reservoir to hold approximately 2.2 million gallons of fresh water intended for hydraulic fracturing. He then augmented this water with roughly 90,000 gallons of brine – highly saline wastewater – sourced from other oil and gas wells. The Ohio Department of Natural Resources classified the resulting mixture as oil field wastewater, triggering strict disposal regulations.

Instead of properly disposing of the wastewater, Armstrong deliberately breached the earthen wall of the reservoir on June 19, 2010, using a backhoe. Approximately 800,000 gallons of the contaminated water flowed into Rockcamp Run, a tributary of the Little Muskingum River. Subsequent analysis of samples revealed significant concentrations of barium and sodium, indicating a potential threat to aquatic life and the surrounding ecosystem.

Federal investigators, including the U.S. Environmental Protection Agency (EPA), determined that Armstrong knowingly violated federal regulations in an attempt to cut costs and avoid proper waste disposal procedures. Randall K. Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio, emphasized the seriousness of the offense, stating that companies “who try to skirt the law…undermine our efforts to protect the public and the environment.”

The case highlights the growing concerns surrounding wastewater management in the rapidly expanding shale gas industry. As natural gas exploration increases, so does the volume of potentially harmful wastewater generated, necessitating stringent oversight and enforcement to prevent environmental damage. This case serves as a warning to other operators that knowingly flouting environmental regulations will result in prosecution.

The sentencing, handed down on July 23, 2013, saw RCA Oil and Gas LLC placed on 36 months of probation and ordered to pay a $5,000 federal fine. Armstrong received a two-day incarceration sentence, followed by eight months of home confinement, 12 months of supervised release, and 288 hours of community service. He was also held jointly and severally liable for the company’s fine. The investigation was a collaborative effort between the U.S. EPA, the Ohio EPA, the Ohio Department of Natural Resources, and the Bureau of Criminal Investigation.

Key Facts

Defendant: RCA Oil and Gas LLC and Robert D. Armstrong
Location: Monroe County, Ohio
Crime: Illegal discharge of oil field wastewater into Rockcamp Run.
Statutes Violated: 33 U.S.C. 1319(c)(2)(A) – Knowingly violating the Clean Water Act (33 U.S.C. 1311(a)).
Wastewater Volume: Approximately 800,000 gallons of contaminated water discharged.
Penalties: RCA Oil and Gas LLC – 36 months probation, $5,000 fine. Robert D. Armstrong – 2 days incarceration, 8 months home confinement, 12 months supervised release, 288 hours community service, jointly liable for $5,000 fine.

Source: EPA ECHO Enforcement Case Database

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