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Industry Brief

The U.S. Attorney General's Office said a fourth defendant was charged in April 2013 with violating the Clean Water Act for his role in dumping oilfield waste down a storm drain that leaked into the Mahoning River in Youngstown, OH, early last year. Mark A. Goff of Newton Falls, PA, waived his right to be indicted by a grand jury and the case against him was sealed last April and recently unsealed in U.S. District Court in Cleveland. Goff was an employee at Hardrock Excavating LLC, which also was charged with violating the Clean Water Act along with its owner Ben W. Lupo, and another employee,Michael Guesman. A dumping incident occurred on Jan. 31 and a tip prompted state and federal agencies to conduct an investigation that revealed Lupo instructed Goff and Guesman to dump tens of thousands of gallons of brine and oilfield waste into the storm drain on multiple occasions (see Shale Daily, Feb. 19, 2013). Lupo has since pleaded guilty to the charge and faces sentencing in June, while Guesman pleaded guilty and was sentenced to probation and community service (see Shale Daily, March 25).

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