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D&L Energy seeks reinstatement of operating permits

Published: Tue, March 5, 2013 @ 12:36 p.m.

D&L Energy seeks reinstatement of operating permits

D&L Energy Inc. has filed a notice of appeal with the Ohio Oil and Gas Commission seeking the reinstatement of its operating permits after the Ohio Department of Natural Resources revoked them on Feb. 7.

The oil and gas commission, an independent body of review that hears arguments against decisions made by ODNR’s Division of Oil and Gas Resources Management, will hear arguments from both the agency and D&L in the coming weeks, according to Linda Osterman, the commission’s executive director.

In the meantime, D&L has also filed a motion for stay that would reinstate its permits to operate injection wells until the administrative hearing is scheduled and conducted.

In its appeal, D&L claims it was improperly shut down over actions committed by Hardrock Excavating.

Both companies are owned by Ben W. Lupo, who was recently indicted by a federal grand jury for directing a Hardrock employee on Jan. 31 to dump a mixture of oil, brine water and drilling mud down a storm drain at 2761 Salt Springs Road, where both D&L and Hardrock are headquartered.

After that incident, state regulators launched a criminal investigation and days later, the chief of ODNR’s Division of Oil and Gas Resources Management, Richard J. Simmers, ordered that both D&L and Hardrock immediately cease their operations. He revoked the companies permits, leading to D&L’s appeal on Monday.

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