Jail Time for Boss Who Ordered Employees to Dump Fracking Waste in Ohio River
Ben Lupo. Photo: Ohio Citizen Action
Between Nov. 1, 2012 and Jan. 31, 2013, employees of Hardrock Excavating LLC, which provided services to the oil and gas industry including storing fracking waste, made over 30 discharges of fracking waste into a tributary of the Mahoning River. Sixty-four-year old Benedict W. Lupo, then-owner of Hardrock Excavating, directed his employees to dump the waste, which included benzene and toluene, under the cover of night into the waterway.
According to reporting by the Cleveland Plain Dealer, "employees tried to talk Lupo out of it, but he refused. [The judge] also pointed out a prosecutor's pictures that detailed six weeks of clean-up in an oil-soaked creek."
Ohio Environmental Protection Agency on-scene coordinator Kurt Kollar was among the witnesses. In his testimony he said, “There was no sign of aquatic life, whatsoever,” in a tributary right after the fracking waste discharges, the Youngstown Vindicator reports.
According to previous reporting by The Vindicator, Lupo's lawyers said he ordered his employees to carry out the illegal dumping in order to keep them working because the company's wastewater wells had been shut over connections to earthquakes.
In addition to a 28-month prison sentence, U.S. District Judge Donald Nugent fined Lupo $25,000. The maximum sentence would have been three years in prison and a $250,000 fine.
Lupo had pleaded guilty in March to violating the Clean Water Act. Weeks later, the Ohio Department of Natural Resources permanently revoked operating permits for Hardrock Excavating. Two employees also previously admitted to a Clean Water Act violation. They were given three years probation.
“Ben Lupo put his own interests ahead of everyone else’s, and he deserved to face a severe penalty for his actions,” Ohio Attorney General Mike DeWine said in a statement. “The recent water crisis in Toledo is a grave reminder of how important it is to protect our waterways. Those who commit crimes against the environment jeopardize the health and safety of Ohioans, and our natural resources and wildlife. They must be held accountable.”
“Intentionally breaking environmental laws is not the cost of doing business, it's going to cost business owners their freedom,” added Steven M. Dettelbach, the U.S. Attorney for the Northern District of Ohio.
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By 2030, almost a third of all the energy consumed in the European Union must come from renewable sources, according to binding targets agreed in 2018. Sweden is helping lead the way.
Sweden is a world leader in renewable energy consumption. Swedish Institute/World Bank
Naturally Warm<p>54% of Sweden's power comes from renewables, and is helped by its geography. With plenty of moving water and 63% forest cover, it's no surprise the <a href="https://sweden.se/nature/energy-use-in-sweden/#" target="_blank">two largest renewable power sources</a> are hydropower and biomass. And that biomass is helping support a local energy boom.</p><p>Heating is a key use of energy in a cold country like Sweden. In recent decades, as fuel oil taxes have increased, the country's power companies have turned to renewables, like biomass, to fuel local 'district heating' plants.</p><p>In Sweden these trace their <a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140#fig3" target="_blank">origins back to 1948</a>, when a power station's excess heat was first used to heat nearby buildings: steam is <a href="https://www.sciencedirect.com/topics/engineering/district-heating-system" target="_blank">forced along a network of pipes</a> to wherever it's needed. Today, there are around 500 district heating systems across the country, from major cities to small villages, providing heat to homes and businesses.</p><p>District heating used to be fueled mainly from the <a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140" target="_blank">by-products of power plants</a>, waste-to-energy plants and industrial processes. These days, however, Sweden is bringing more renewable sources into the mix. And as a result of competition, this localized form of power is now the country's<a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140#fig3" target="_blank" rel="noopener noreferrer"> home-heating market leader.</a></p>
Sweden is using smart grids to turn buildings into energy producers. Huang et al/Elsevier
Energy ‘Prosumers’<p>But Sweden doesn't stop at village-level heating solutions. Its new breed of energy-generation takes hyper-local to the next level.</p><p>One example is in the city of Ludivika where 1970s flats <a href="https://www.buildup.eu/sites/default/files/content/transforming-a-residential-building-cluster-into-electricity-prosumers-in-sweden.pdf" target="_blank">have recently been retrofitted with the latest smart energy technology</a>.</p><p>48 family apartments spread across 3 buildings have been given photovoltaic solar panels, thermal energy storage and heat pump systems. A micro energy grid connects it all, and helps charge electric cars overnight.</p><p>The result is a cluster of 'prosumer' buildings, producing rather than consuming enough power for 77% of residents' needs. With <a href="http://www.diva-portal.org/smash/get/diva2:1232060/FULLTEXT01.pdf" target="_blank" rel="noopener noreferrer">high levels of smart meter usage</a>, it's a model that looks set to spread across Sweden.</p>
<div id="d7bf9" class="rm-shortcode" data-rm-shortcode-id="8757b138d5570bec9d6aad18074a429a"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1273556364263071744" data-partner="rebelmouse"><div style="margin:1em 0">Read more about Western Harbour and book a visit: https://t.co/ujSmVs9rNK 🏡🌳🌊 https://t.co/C5PuPziqIM</div> — Smart City Sweden (@Smart City Sweden)<a href="https://twitter.com/SmartCitySweden/statuses/1273556364263071744">1592474473.0</a></blockquote></div>
Scaling Up<p>A recent development by E.ON in Hyllie, a district on the outskirts of Malmö, southern Sweden, <a href="https://www.eonenergy.com/blog/2019/February/sweden-smart-city" target="_blank">has scaled up the smart grid principle</a>. Energy generation comes from local wind, solar, biomass and waste sources.</p><p>Smart grids then balance the power, react to the weather, deploying extra power when it's colder or putting excess into battery storage when it's warm. The system is not only more efficient, but bills have fallen.</p><p>Smart energy developments like those in Hyllie, Ludivika, and renewable-driven district heating, offer a radical alternative to the centralized energy systems many countries rely on today.</p><p>The EU's leaders have a challenge: how to generate 32% of energy from renewables by 2030. Sweden offers a vision of how technology and local solutions can turn a goal into a reality.</p>
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