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Thu. 11:33am: Revocation of brine hauling license upheld

February 28, 2013
Tribune Chronicle |

The Chief of Ohio's Division of Oil and Gas Resources Management on Wednesday upheld his order revoking the brine transportation license of Youngstown-based Hardrock Excavating and ordered the company to immediately cease transportation.

The ruling came following a Feb. 15 hearing requested by the company's owner Ben Lupo after the state earlier revoked licenses held by two of Lupo's companies, Hardrock and D&L Energy, dealing with oilfield waste disposal and transportation. The companies were involved in allegations last month of illegally dumping oilfield waste into a storm drain.

Lupo still may file formal appeals before March 8, but a spokeswoman said none have been filed yet.

In a statement released this morning by Bethany McCorkle, spokeswoman for the Ohio Department of Natural Resources, said Hardrock company employees refused to accept the order when ODNR employees attempted to personally serve it Wednesday at the company headquarters. The order is now being issued via certified mail.

McCorkle said ODNR's investigation found that "Hardrock Excavating willfully and intentionally violated Ohio laws. Mr. Lupo's indifference and lack of reasonable care resulted in a pattern of violations that will not be tolerated in Ohio. Hardrock's brine transportation certificate is revoked and any activity associated with it must immediately cease."

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