D&L denied operating permit reinstatement

In a 26-page ruling issued today, the Ohio Oil and Gas Commission denied D&L Energy’s request to have its permits permanently reinstated — essentially terminating its business in Ohio’s waste-disposal industry.

The ruling, which can be appealed in Franklin County Common Pleas Court, comes after nearly a month of deliberations among the commission’s members, which serve as an independent body of review for decisions made by the chief of the Ohio Department of Natural Resources’ Division of Oil and Gas Resources Management.

After an incident Jan. 31 in which D&L’s sister company Hardrock Excavating was found by state and federal regulators to have dumped tens of thousands of gallons of oil field waste — including oil and brine water — into the Mahoning River, the ODNR revoked both companies’ operating permits.

D&L claimed it could not be held responsible for Hardrock’s decision, even though both companies were owned by Ben W. Lupo at the time, who was later charged with violating the Clean Water Act for his role in the dumping incident. He has pleaded not guilty.

D&L had also asked the commission in April to temporarily reinstate its operating permits so it could head off financial hardships brought on by the dumping incident and continue doing business until a full hearing with arguments, evidence and deliberations was completed.

The commission denied that request as well.

For the complete story, read Saturday’s Vindicator and Vindy.com