CLEVELAND, Ohio - A federal judge granted a Youngstown attorney's request to withdraw as counsel for Hardrock Excavating.

Atty. J. Gerald Ingram filed the motion on the basis that he is "unable to effectively represent Hardrock Excavating LLC in this criminal proceeding."

Hardrock came under fire in February when two workers operating under a brine-hauling permit registered to Hardrock Excavating LLC were caught illegally dumping wastewater into a drainpipe outside D&L Energy on Salt Springs Road in Youngstown.

Hardrock's permits were revoked and the company is charged with violating the Clean Water Act. In appeals to the Ohio Department of Natural Resources to reinstate the company's permits, representatives with Hardrock claim they did not authorize the use of the permits and had nothing to do with the incident.

At the time of the illegal dumping, Ben Lupo owned and operated both D&L and Hardrock.

In his motion, Ingram says that he was retained by a shareholder of Hardrock who is not an officer or director to represent the company in arraignment proceedings, but Ingram now does not have access to books and records for the company keeping him from effectively representing the client.