DEVELOPING: Lupo's attorney says ODNR meeting had nothing to do - WFMJ.com News weather sports for Youngstown-Warren Ohio

DEVELOPING: Lupo's attorney says ODNR meeting had nothing to do with Jan. 31 dumping

UNIONTOWN, Ohio - An attorney representing Ben Lupo and Hardrock Excavating went before the Ohio Department of Natural Resources Thursday during an informal hearing to show cause for reinstatement of brine hauling permits.

The ODNR permanently revoked operating permits last week for D&L Energy and Hardrock Excavating, both of which are owned by Lupo, after employees with Hardrock were caught illegally dumping brine used in fracking into a sewer drain at D&L's property on Salt Springs Road in Youngstown.

State officials say Lupo admitted to telling workers to illegally dump two tankers of frac fluid into a storm sewer on his Salt Springs Road property in Youngstown on January 31.

Original reports said the hearing would be for both Hardrock and D&L; however, the attorney for Lupo told 21 News that the hearing had nothing to do with the incident on January 31 but rather truck hauling permits for Hardrock.

A source told 21 News another company, also owned by Lupo, was using Hardrock's permits illegally.

The hearing was not open to the public, but 21 News reporter Michelle Nicks spoke with the attorney for Lupo as he left the ODNR's Uniontown station shortly after the hearing ended.

Stay tuned to WFMJ.com and 21 News for more on this developing story.

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