Adam Boylen of North Lawrence Township has been charged with four counts of violating the Clean Water Act after dumping wastewater in Tuscarawas River tributaries.
The U.S. Attorney for Northern District of Ohio, Carole Rendon, said in a statement, "(Boylen) willingly dumped wastewater into streams, fouling the water and killing aquatic life."
At the time, Boylen was employed by an Ohio-based trucking company and was tasked with disposing of wastewater properly. He didn't and was caught. Now the case is headed to federal court.
Below is the full release.
A grand jury returned a four-count indictment charging a North Lawrence man with violating the Clean Water Act by dumping wastewater into tributaries of the Tuscarawas River, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Adam D. Boylen, 45, was indicted on four counts of violating the Clean Water Act by making unpermitted discharges.
“This defendant willingly dumped wastewater into streams, fouling the water and killing aquatic life,” Rendon said. “He put his convenience ahead of the public’s welfare. We remain committed to protecting our environment, and this defendant will now be held accountable for his actions.”
“Protecting our water is critical, both for the health and safety of our citizens and our wildlife,” Ohio Attorney General Mike DeWine said. “We will continue to assist in this case and others like it to protect Ohio.”
“Our environmental laws help keep illegal waste out of local waterways and protect clean water and public health,” said John Gauthier, Acting Special Agent in Charge of the U.S. EPA’s criminal enforcement program in Ohio. “The illegal discharge in this case killed a substantial number of fish and caused serious damage to critical wildlife habitat. Today’s indictment is the direct result of the strong working relationship that EPA has built with our law enforcement partners at the federal, state, and local levels.”
Boylen was a driver employed by an Ohio-based trucking company. Boylen’s job was to load wastewater generated from corporate facilities into a tanker truck and to drive the wastewater to a designated facility located in Pennsylvania for proper disposal. The wastewater contained surfactants capable of killing vegetation and fish, according to court documents.
Instead of delivering the wastewater to Pennsylvania, Boylen drove the tanker truck to remote locations in Tuscarawas County and central-eastern Ohio and emptied the wastewater containing surfactants into waters of the United States, according to court documents.
Boylen is charged with dumping the wastewater into two different tributaries of the Tuscarawas River, a wetland adjacent to the Tuscarawas River, and the Beach City Reservoir, on numerous occasions between April 18 and May 4, 2016.
White foam flowed down tributaries and streams as a result of Boylen’s actions. In one instance, the foam traveled four miles downstream from the location where the tanker truck was emptied. Vegetation was killed at all the locations. Approximately 709 fish were killed in one of the tributaries, and collectively, approximately 3,231 minnows, crayfish, frogs, and tadpoles were killed, according to court documents.
If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the unique characteristics of the violations. In all cases the sentence will not exceed the statutory maximum, and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorneys Benedict S. Gullo and Brad J. Beeson. The case was investigated by the United States and Ohio Environmental Protection Agencies, the Ohio Attorney General’s Bureau of Criminal Investigation, the Stark County Sheriff’s Offices, the Tuscarawas County Sheriff’s Offices, the Ohio Department of Natural Resources, and the Ohio Department of Rehabilitation and Correction.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The Ohio EPA is asking the public what to do with their $71.4 million slice of the consent decree/settlement between Volkswagen and the federal government. The Ohio portion of the settlement will be spread out over 10 years, and will be distributed throughout the state.
This is where you come in! The EPA is asking for comments from stakeholders through the end of 2016 on the proposed distribution map below:
See more details in the full press release below:
Ohio EPA Requests Public Input on Volkswagen Settlement
$71.4 million to be directed toward state’s pollution prevention programs
Ohio EPA is asking the public to weigh-in on a plan that will use Ohio’s portion of the Volkswagen consent decree/settlement to offset the effects of diesel emissions. The state’s share of the settlement dollars is anticipated to be $71.4 million over 10 years, and will be directed toward grants and other efforts that can produce the greatest air quality benefits such as nitrogen oxides (NOx) emission reductions, reduced public exposure to the pollutants in diesel exhaust and the promotion of clean vehicle technologies.
In two related settlements, German automaker Volkswagen AG and its subsidiaries have agreed to spend up to $14.7 billion to settle allegations of manipulating emissions tests and deceiving customers. Volkswagen will compensate consumers who purchased or leased 2.0 liter diesel vehicles of model year 2009-2015, related to the use of “defeat devices” during emissions testing. Approximately 15,000 such vehicles were registered in Ohio. In addition, the companies will spend $4.7 billion to mitigate pollution from these cars, and invest in green vehicle technology.
Ohio EPA will prepare and submit a plan to a national Mitigation Trust Fund showing how the state expects to award approximately $15 million per year in grants beginning in 2018. Eligible projects to receive these grants include the repower or replacement of: diesel school, shuttle and transit buses; large and medium trucks; freight switcher locomotives; the repower of ferries and tugboats; airport ground support equipment; forklifts and port cargo handling equipment; and shorepower to enable Great Lakes and oceangoing ships to shut off engines while at berth. A portion of the funds may also be used to install light duty vehicle supply equipment for electric and hydrogen fuel cell vehicles.
Per the terms of the settlement, state plans must direct funding to areas that bear a disproportionate share of effects of diesel emissions. Based on air quality (Ohio counties of concern due to ozone levels), historical levels of diesel emissions, the locations where the most VW vehicles equipped with “defeat devices” were registered in Ohio, and US EPA’s Environmental Justice Screening and Mapping Tool, Ohio EPA has created a mapshowing the counties where the Agency believes eligible projects should receive first and secondary priority for the available funds.