Feds charge Warren man with dumping fracking waste into Mahoning River tributary

CLEVELAND — A former employee of a Youngstown-based company has been charged with violating the federal Clean Water Act by directing another employee to dump fracking waste into a Mahoning River tributary, the U.S. Attorney said Monday.

David N. Jenkins, 34, of Warren, was charged via criminal information with one count of making unpermitted discharges in violation of the act.

Ben Lupo, owner of Hardrock Excavating LLC, directed Jenkins to contact employees about emptying the stored waste liquids into the stormwater drain at night, which Jenkins did, the U.S. Attorney said.

Lupo is serving a 28-month federal prison term and was fined $25,000 after he pleaded guilty to violating the act.

Located at 2761 Salt Springs Road, Hardrock provided services to the oil-and-gas industry in Ohio and Pennsylvania, including the storage of brine and oil-based drilling mud used in hydrofracturing, or fracking.

The facility had about 58 mobile storage tanks, each holding about 20,000 gallons.

Lupo, of Springfield Township, directed employees to empty some of the waste liquid stored at the facility into a nearby wastewater drain on or about Nov. 1, 2012, when they were alone after dark.

The last time an employee emptied some of the waste liquid into the drain was Jan. 31, 2013, federal authorities said.