Three years of probation in oilfield waste dumping case
Staff report
CLEVELAND
The man who pleaded guilty to dumping oilfield waste into a Mahoning River tributary late in 2012 and early in 2013 has been sentenced to three years probation and 300 hours of community service, with no fine or restitution.
U.S. District Judge Donald C. Nugent imposed the sentence Thursday on Michael P. Guesman, 34, of Cortland.
Guesman had pleaded guilty Aug. 29 to one count of violating the federal Clean Water Act by dumping brine and drilling mud down a storm drain.
Lupo
Guesman’s boss, Ben Lupo, 62, of Poland, and Lupo’s company, Hardrock Excavating LLC, earlier pleaded not guilty to the same charge, but Lupo is scheduled for a change of plea hearing at 10:30 a.m. Monday.
The available sentencing range for the charge is probation to three years in prison, followed by a year of supervised release, and a fine up to $250,000.
In his written plea agreement, Guesman says he dumped the waste from 20,000-gallon storage tanks on Salt Springs Road in Youngstown at Lupo’s direction on 24 nights beginning Dec. 12, 2012.
The U.S. Attorney agreed to recommend favorable consideration for Guesman at his sentencing in exchange for his acceptance of responsibility and “substantial assistance” to the prosecution.
The investigation of the case was triggered by a Jan. 31, 2013, discharge that resulted in a massive cleanup that used specialized contractors and cost more than $1 million.
The case was prosecuted by Brad J. Beeson, a Cleveland-based assistant U.S. Attorney.
Guesman was represented by Carolyn M. Kucharski, a Cleveland-based federal public defender.