A judge has sentenced a northeast Ohio businessman to 28 months in federal prison for dumping toxic sludge and brine into a storm sewer that reached a tributary of the Mahoning River.
Prosecutors say 64-year-old Ben Lupo of Poland, Ohio, had employees of his wastewater company, Hardrock Excavating, dump fluids from a drilling operation down a storm sewer 33 times between October 2012 and January 2013. Lupo pleaded guilty in March to one count of illegal discharge into U.S. waters. The fluids contained diesel oil, benzene, toluene, barium and chlorides.
The judge also fined Lupo $25,000 at his sentencing Tuesday in Cleveland.
Lupo's attorney had asked that he be sentenced to probation or home detention because of his physical ailments and medical treatment, including kidney dialysis five times a week.