Thursday, August 29, 2013
Oil waste dumping in to Mahoning River leads to guilty plea
CLEVELAND
The man accused of dumping oil-field waste into a Mahoning River tributary at the direction of his boss has pleaded guilty as charged to one count of violating the federal Clean Water Act.
Michael P. Guesman, 34, of Cortland, who had initially pleaded innocent, entered his guilty plea this morning before U.S. District Judge Donald C. Nugent, who will sentence him at 10 a.m. Nov. 15.
Guesman’s boss, Ben Lupo, 62, of Poland, and Lupo’s company, Hardrock Excavating LLC, have pleaded innocent to the same charge.
Hardrock was in the oil and gas drilling industry waste storage, treatment and disposal business, but the Ohio Department of Natural Resources has revoked its brine hauling permit.
In his plea agreement with the U.S. Attorney, Guesman agrees to testify for the prosecution against Lupo and Hardrock in a trial, if necessary.
A federal grand jury indicted Lupo, Hardrock and Guesman in February after a criminal investigation by state and federal regulators found Lupo had directed Guesman to dump a mixture of brine and oil-based drilling mud down a storm drain after dark.
The indictment said the deliberate illegal discharges occurred “on numerous occasions” between Nov. 1, 2012, and Jan. 31, 2013.
The investigation was triggered by a Jan. 31 discharge that resulted in a massive cleanup that used specialized contractors and cost more than $1 million.
Guesman was ordered to discharge wastewater into the storm drain from the company’s Salt Springs Road location at least 20 times, according to a witness statement summarized in an affidavit in support of the indictment.
In his written plea agreement, Guesman admits to dumping the waste at Lupo’s direction on 24 different nights.
Lupo and Hardrock are scheduled for a 9:30 a.m. Sept. 16 pre-trial conference before Judge Nugent.
Violation of the Clean Water Act could bring a sentence ranging from probation to up to three years in prison, followed by one year of supervised release, and a fine up to $250,000.
A pre-sentence investigation will determine what, if any, criminal history Guesman has. If he has none, he could get probation with electronically monitored house arrest, said Brad J. Beeson, the assistant U.S. attorney prosecuting the case.
Guesman is represented by Carolyn M. Kucharski, a federal public defender in Cleveland.