3rd Person Charged in Youngstown Frack Wastewater Dumping Case
Just when you thought there was a conclusion to the story of Ben Lupo and Hardrock Excavating and the dumping of frack wastewater down a drain that eventually emptied into the Mahoning River–the story takes a new turn. MDN previously told you that Hardrock’s owner, Ben Lupo, changed his plea to guilty last week (see Ben Lupo Admits Guilt in OH Frack Wastewater Dumping, Prison Next?). Previously one of his employees, Michael Guesman, a truck driver, plead guilty (see Youngstown, OH Illegal Wastewater Dumping Happened “At Least” 24X).
Apparently Guesman was the second employee Lupo wrangled into doing his illegal bidding. What has just come to light is there was a first employee illegally dumping the month prior to Guesman. The first employee has now been charged…
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In one of the biggest (perhaps the biggest) fines levied by the Pennsylvania Dept. of Environmental Protection (DEP), Halliburton has been fined $1.8 million for storing and treating hydrochloric acid (HCl) at a facility in Homer City, PA (about 50 miles from Pittsburgh). The HCl shipped and treated at the Homer City site happened over a 13-year period of time from 1999-2011, meaning most of it came from conventional natural gas well sites, although some it likely came from Marcellus Shale sites too (the conventional/unconventional split is not identified in the DEP paperwork). Marcellus drilling in PA didn’t ramp up until around 2006-2007. The DEP says Halliburton had claimed exemption from the state’s Solid Waste Management Act of 1980 for their Homer City facility, saying they were shipping and storing very small amounts of HCl at the facility when in fact that was not the case. Based on their false claim, Halliburton was given a pass on inspections, paperwork filing, signage, and the requirement to use certified hazardous waste haulers on more than 250 truck trips in and out of the facility–hauling HCl. Halliburton was in the wrong, they now acknowledge it (having been caught), and they’ve been levied a steep fine.