Prosecutors Charge Individual for Discharge of Oil, Waste into Kentucky Water Ways
Federal prosecutors have accused an oil lease operator in Columbia, Kentucky of discharge of oil and waste into creeks in violation of the Clean Water Act. Among Joshua Franklin's—age 32—responsibilities included separating brine water, a waste product from oil production, from oil before delivering it.
On August 22, 2018, the system normally used to separate oil from waste did not function, according to the indictment. Franklin instead connected a conduit to the bottom of the oil tank, located the open end of the conduit next to a creek, opened the tank valve, which caused a mixture of brine water and oil to leak from the tank. Prosecutors allege Franklin left the site while the valve was open, allowing 100 barrels (about 4,000 gallons) of the oil and waste to drain into a nearby creek that flowed into connecting tributaries.
Prosecutors say that a court could order restitution for the cleanup cost as part of the three-year prison sentence and $250,000 fine under the Clean Water Act.
According to the Justice Department, the Environmental Protection Agency (EPA) investigated the incident along with the Kentucky Department of Environmental Protection.