Lupo Fighting to Get Permits Reinstated After Illegal Dumping

From WYTV 33 News:
A company owned by Ben Lupo, who is facing federal charges of dumping chemically-laced oilfield waste into the Mahoning River watershed, appealed on Monday the state’s order that D & L Energy, which has committed 50 violations since 1987, was improperly shut down by the state. 

D & L Energy attorney Michael A. Cyphert of Cleveland filed the notice of appeal with the Ohio Oil and Gas Commission on Monday, claiming D & L Energy was improperly shut down because of the actions of the owner and employees of Hardrock Excavating, another oil and gas industry company owned by Lupo that has been criminally charged and shut down by the state. 

Cyphert also filed a motion to stay the order. D & L and Hardrock share the same facilities and owner, according to investigators who caught Hardrock employees dumping chemically-laced brine water down a storm sewer that eventually connected with the Mahoning River. 

Cyphert wrote in his appeal that the Ohio Department of Natural Resources vacate its Feb. 6 ruling that shut down D & L “on the grounds that it is an unlawful and unreasonable exercise of (ODNR’s Chief of Oil and Gas Division Richard Simmers’) authority.” 

D & L is seeking reinstatement of all permits that were revoked, all pending permit applications to be approved and for the state to allow the company to continue to store oilfield waste at its facilities. 

The company had six permitted saltwater injection wells in Ashtabula, Mahoning and Trumbull counties. Cyphert argued in the appeal that ODNR’s order for the D & L shutdown names only Hardrock employees, never D & L employees. 

“Although other companies and their employees are the responsible parties, D & L Energy has voluntarily undertaken all cleanup requested by the state and federal onsite coordinators to remedy any pollution resulting from the action of others at its own cost amounting to almost $1 million,” the appeal says. 
The story goes on to state that Lupo owns or is an agent to 20 active businesses, five cancelled businesses and five that were declared dead.  Now he's hoping that having other business names to hide behind after engaging in despicable criminal activity with Hardrock Excavating employees will enable him to keep the money rolling in.  Here's hoping that the state won't reinstate D&L Energy's permits and put the public at risk of further crimes by Mr. Lupo.

In another interesting tidbit, the report from WYTV also mentioned that Lupo, in addition to the dumping crimes that he has been indicted for, used Mohawk Disposal - another one of his companies - to haul brine and drilling waste products even though that company has no license to transport brine.

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