Nathan R. Garber, 45, of Kalispell, Montana, has pleaded guilty to 11 felony charges in connection with the operation of a saltwater disposal well near Dickinson, North Dakota.
Garber, who operated the Halek 5-22 well, received ‘produced water’ constituting ‘brine and other wastes’ commonly referred to as ‘saltwater.’ The EPA has stressed that this water is often saltier than seawater and can ‘contain toxic metals and radioactive substances.’
Garber pleaded guilty to one count of conspiracy to violate the Safe Drinking Water Act and defraud the United States, as well as five counts of violating the Safe Drinking Water Act, two counts of making false statements, two counts of falsification of records and one count of concealment or cover up of a tangible object.
The convictions underscore the seriousness of the conduct, said U.S. Attorney Timothy Purdon of the District of North Dakota. ‘Any time anyone in the Bakken oil boom region puts our water supplies at risk for contamination by intentionally breaking the laws in place to protect that water, the North Dakota U.S. Attorney’s Office, the Justice Department and our partners at Environmental Protection Criminal Investigation Division will use every tool at our disposal to ensure that these offenders are brought to justice.’
According to an agreed-upon factual statement filed in court, Garber admitted to conspiring with others in a number of coordinated and illegal acts, including injecting saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity.
Garber’s disregard for environmental regulation under the Safe Drinking Water Act put human health and the environment at serious risk, said Special Agent in Charge Jeffrey Martinez of EPA’s criminal enforcement program in North Dakota. ‘Today’s plea demonstrates that EPA and its law enforcement partners are committed to protecting North Dakota’s precious water sources and the communities that rely upon them.’
The American people expect nothing less than safe, responsible and legal behavior from those involved in oil and gas development, said Sam Hirsch, the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.
The case is a reminder that the Justice Department will vigorously prosecute those who violate the nation’s environmental laws, Hirsch said.
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