YOUNGSTOWN - In an appeal received this morning by the Ohio's Oil and Gas Commission, D&L Energy officials are claiming their company is being "punished for the conduct of the employees of another company, Hardrock Excavating, LLC."
Both D&L Energy and Hardrock are owned and operated by the same person, Benedict Lupo, 62, of Poland, who is facing criminal charges stemming from accusations that he ordered a Hardrock Excavating employee to empty untreated oilfield waste into a storm sewer that eventually drained into the Mahoning River. Subsequently, both Hardrock and D&L Energy were stripped of their licenses to haul and dispose of oilfield waste in D&L Energy's injection wells. D&L is now appealing that order and asking the division's chief to grant a stay that ordered the company to cease activities immediately.
"Although other companies and their employees are the responsible parties, D&L Energy has voluntarily undertaken all cleanup requested by the state and federal on-site coordinators to remedy any pollution resulting from the actions of others at its own cost amounting to almost $1 million," D&L Energy's attorney, Michael A. Cyphert, said in the motion filed this morning.
"No determination has been made that D&L Energy's injection wells are adversely affecting the health of persons or the environment."
For more on this story, read Tuesday's Tribune Chronicle or tribtoday.com.