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Goff receives 3 years probation, 300 hours community service for brine dumping

Published: Tue, July 8, 2014 @ 12:05 a.m.

brine-dumping case

Hardrock Excavating employee was accused of emptying liquid waste into storm drain

Staff report


Mark A. Goff, the fourth defendant accused of violating the federal Clean Water Act by dumping oilfield waste into a Mahoning River tributary, was sentenced to three years of probation and 300 hours of community service.

The sentence by U.S. District Judge Donald C. Nugent is the same sentence another employee of Hardrock Excavating LLC received.

Goff, 46, of Newton Falls pleaded guilty to the violation in April and waived his right to be indicted by a grand jury.

Goff was accused of emptying liquid waste from storage tanks into a stormwater drain on Salt Springs Road in Youngstown on nine nights between Oct. 1 and Nov. 12, 2012, at the direction of his boss, Ben Lupo.

Lupo, 63, of Springfield, the company and another employee, Michael P. Guesman, 35, of Cortland were all charged with the offense.

Guesman pleaded guilty to dumping the waste at Lupo’s direction for 24 nights beginning Dec. 12, 2012. He received the same sentence as Goff from the same judge in March.

Lupo will be sentenced at 10 a.m. Aug. 5.

Lupo’s sentencing was postponed in May at the request of Lupo’s lawyer, Joseph W. Gardner of Canfield because U.S. Bankruptcy Court Judge Kay Woods was not expected to finalize the sale of Lupo’s company, D&L Energy Inc. until this month and Lupo’s financial condition would not be known until then.

The sale was finalized in June, according to court records. Resource Land Holdings LLC purchased the company for $20.7 million.

A Jan. 31, 2013, discharge of brine, drilling mud and drill cuttings triggered a massive multi-agency investigation of the case and a $3 million cleanup.

The penalty range for violating the Clean Water Act is probation to three years in prison and a fine up to $250,000, according to The Vindicator files.


176Ytown(1371 comments)posted 2 years ago

$3 million cleanup and we'll be lucky if Lupo gets the maximum sentence of $250,000 fine and 3 years in prison. Of course with time served and time off for good behavior he'll be out next month even if he doesn't get the slap on the wrist.

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2michael1757(490 comments)posted 2 years ago

I know.All these guys needed jail time,& that lupo better get some,& I don't mean 30 days.I know guys like him.They have money so they think they can tell anyone what to do,when to do it,& get away with it.Its time to put those fat f&cks in jail,make them pay full price for the clean-up,& a hefty fine.If it puts the business out of business,so much the better.

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3glbtactivist(321 comments)posted 2 years ago

It is time that people demand that companies stop being allowed to commit crimes that we would go to jail for. If I dumped poisons into the drinking water of thousands of people, I would be tried to attempted murder and go to jail for years. Perhaps the pitch forks of the French revolution were not such a bad thing after all. It did stop the tyranny of the rich.

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