Environmental Crimes: Historic Case: Fiscal Year 2013, CR_2500

The defendant and his company were indicted on a single charge violation of the Clean Water Act for knowingly releasing a contaminant without a permit.

An oil and gas well in Monroe County is the scene of this environmental crime.  The well required a large volume of fresh water for hydraulic fracturing (fracking), a procedure that allows oil and gas trapped in the geology to flow into the well.  The owner and operator of the well filled an earthen reservoir with approximately 2.2 million gallons of freshwater for the fracking operation.  For some reason, the operator added approximately 90,000 gallons of contaminated oilfield wastewater (brine) from two nearby wells to the freshwater reservoir, contaminating the entire volume. According to the CWA and Ohio Department of Natural Resources, the contents of the defendant's reservoir classify as oil field wastewater, which is subject to specific discharge terms and conditions.

At the conclusion of the well fracking operation, approximately 800,000 gallons of industrial wastewater remained in the reservoir.  The defendant used machinery to open a channel in the earthen wall of the reservoir to release the contaminated contents into Rockcamp Run, a tributary of the Little Muskingum River.  A sample of the wastewater showed elevated levels of the contaminants barium and sodium.

“As the nation increases its use of natural gas, exploration companies must ensure that the wastewater resulting from the fracking process is treated and disposed of safely and legally”, said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “The defendant knowingly released hundreds of thousands of gallons of contaminated wastewater into a tributary of the Little Muskingum River, damaging critical habitat for fish and wildlife. Companies and their contractors who try to skirt the law to save money undermine our efforts to protect the public and the environment and will be vigorously prosecuted.”

Prison: 2 days; Home Confinement: 8 months; Federal fine: $5,000; Restitution: $30,893; Community Service: 288 hours; Probation: 48 months