COLUMBUS, Ohio - D&L Energy's request for a stay has been denied.
The Oil and Gas Commission found that D&L failed to demonstrate compelling grounds to support a stay of execution. The merit hearing for D&L is currently set for May 22 and 23.
During a hearing in Columbus, D&L asked for a "stay" that would allow the company to resume operations until an appeal is heard in late May.
The company's operating permits were permanently revoked on February 6, just days after employees of Hardrock Excavating alledgedly dumped brine and oilfield waste down a storm drain on the company's Salt Springs Road property.
Ben Lupo, former President of D&L and manager of Hardrock, allegedly ordered the dumping by a Hardrock employee.
Lupo's wife has since taken over his presidency, and the company has also filed for bankruptcy.
The illegal disposal that made it's way into a tributary of the Mahoning River led to a massive clean up resulting in more than $1 million in clean up costs for D&L.
Lupo, one of his employees at Hardrock Excavating, and Hardrock as a company all face a federal charge of violating the federal Clean Water Act.
Attorneys for D&L Energy argue that the Chief of the Division of Oil and Gas Resources Management, allegedly violated D&L's basic due process rights.
They're calling it a rush to judgement due to a public outcry.
They say D&L shouldn't be punished for a crime that another company has been charged with just because Lupo had an association or interest in both companies.
"D& L was not involved in the investigation, D&L employees were not involved in the dumping of the brine down the sewer. But it was D&L that was ordered to cease all of it's injection well business in the state of Ohio." says Michael Cyphert, an Attorney for D&L Energy.
"The Division of Oil & Gas Resources Management, strongly believes that the commission should not allow D&L Energy to resume disposal operations. The event that precipitated the very issuance of the Chief's order, could very easily happen again," Brian Ball, Assistant Attorney General and Counsel for the Division of Oil & Gas Resources Managment, says.
"There's no certainty that unlawful brine disposal could be prevented short of posting an inspector at each injection well site, and the D&L Headquarters to continuously monitor all day, every day. D&L has a long history of non-compliance."