Ben Lupo was formally charged with violating the federal Clean Water Act, and entered a not guilty plea. U.S. Attorney Steven Dettlebach addressed a news conference  later at an overlook on the Mahoning River near downtown Youngstown. 

“The charge carries a maximum penalty of three years imprisonment and $250,000 fine. The investigation is continuing.”

At the same press conference, Ohio Attorney General Michael DeWine said he plans to pursue civil penalties against Lupo, and on a per-incident basis.  He said, “The potential fine for each one of these separate violations is $2,500 to $20,000 per day.”  

The total volume of brine and drilling sludge dumped is not known yet, but estimates range from 20,000 gallons to a quarter of a million gallons. The Ohio Department of Natural Resources has also revoked all permits for fracwater hauling, storage and disposal held by any companies owned by Lupo.