Storm drain

February 18, 2013

Ohio EPA official: Lupo dumped at least six times

Source: Vindicator (Youngstown, OH), February 12, 2013
Posted on:

Ben W. Lupo, owner of D&L Energy and Hardrock Excavating, admitted he ordered employees to dump drilling waste into a city storm drain at least five times before being caught Jan. 31, an Ohio Environmental Protection Agency official said.

Each time, starting in September 2012, Lupo had workers empty two 21,000-gallon tanks of brine material and oil-based mud, Kurt Kollar, on-scene coordinator for the OEPA’s Division of Emergency and Remedial Response, said Monday.

That totals 252,000 gallons of waste dumped.

“That’s what he’s indicating,” Kollar said about what Lupo told him.

Kollar made the first public statements, during a Monday meeting with city officials and the media, about a pattern of dumping by Lupo. The meeting was called by Mayor Charles Sammarone.

The revelation was made public more than a week after an anonymous tip led state investigators to discover the Jan. 31 dumping.

The OEPA’s special investigation unit is reviewing the matter as a “potential criminal case,” Kollar said.

The U.S. EPA’s criminal-investigation division is also on site at the D&L/Hardrock location on Salt Springs Road, investigating Hardrock and Lupo.

Sammarone is calling for Lupo to be prosecuted and said the city could file criminal charges.

Cleanup, which could take another week or two, shows evidence of previous dumping, Kollar said.…

October 25, 2011

Storm-water damage spurs local lawsuit

Source:, October 16, 2011
By: Nolan Rosenkrans

A group of West Toledo residents has filed a class-action lawsuit against a contractor and an engineering firm they claim caused water and sewage damage to their homes and businesses during an August storm.

The case, filed Friday in Lucas County Common Pleas Court by more than 30 people in the Five Points area, claims negligence by both Gleason Construction Co. and URS Corp. caused storm water to overflow sewage systems on Aug. 18 and to flow from streets onto properties.

About 100 houses were affected by the flooding, attorney Daryl Rubin said, with damage averaging about $25,000 a house. Basement walls at the Pour House bar collapsed.

“This is something that’s been an ongoing problem,” Mr. Rubin said. “Apparently nothing has been done to really prevent this type of damage to people in this area.”

A representative for Gleason, which has its offices in Holland, said the company had no knowledge of the lawsuit. A representative for URS Corp., a national company with offices in Cleveland, said no one would be available to comment until Sunday.

The litigation focuses on two allegations of failure by the two firms. According to the complaint, URS conducted a 2008 study for the city that evaluated the area’s sanitary and storm sewer system and noted significant weaknesses.

Meanwhile, the city contracted with Gleason to work on the system, and Gleason was put in charge of managing sanitary sewer flows. The suit alleges that despite knowledge of the system’s weaknesses, Gleason did not have employees on site on Aug. 18 and did not take appropriate measures to mitigate flooding, such as pumping water into temporary wells or tanker trucks, or unblocking storm drains.

The suit alleges that URS incorrectly noted several vented manholes as solid. These vented manholes, which could have been covered, allowed storm water into the sewage system, causing water and sewage to overflow. Mr. Rubin said that although the storm water and sewage systems are the city’s, the city was not included as a defendant because the damage was caused by the contractor’s and the engineering firm’s negligence.

West Toledo residents have repeatedly complained about flooding from the city’s sewage and storm water systems. In 2006, more than 80 sued the city and several private businesses, accusing them of poor design and/or neglect of the Shantee Creek drain system, which caused major flooding in the area.

That case is still in Lucas County Common Pleas Court. The city moved for summary judment this summer.

Lawyers involved in the most recent case have scheduled an informational meeting for residents Thursday at 7 p.m. at the United Auto Workers Local 14 union hall, 5411 Jackman Rd.…

October 5, 2011

BPU Faces Sewage Leak Lawsuit

Source:, October 2, 2011
By: Jason Rodriguez

As far back as 1990, Widrig Avenue resident Dennis McCullough has been especially wary of poor weather.

He said that his house is situated at a crossroads of city plumbing. McCullough said a 15-inch waste water line, coming down Hallock Street, turns onto his road, and flows into an 8-inch line that runs between his and his neighbors’ house to Kenmore Avenue.

His concern is a result of the “inflow and infiltration” of the waste water system, which means the excess storm water leeches into the sewer line.

“Every time we get a lot of rain in a short period of time, the sewer system cannot handle the amount of rain and sewage that goes into the sewer line,” he said. “When we have a lot of storm water and sewage there is a bottleneck at this manhole, where sewage and storm water raise the manhole cover and it dispenses into the street or back into the storm drain.”

He added that there is so much pressure the sewage also enters his home and those of his neighbors.…

July 1, 2011

Street and Road Contractor – Diesel Fuel

Acknowledgement to Great American Environmental Division

A street and road contractor was hired to re-pave a 25-mile section of highway. During the project, one of the contractor’s dump trucks accidentally backed into and ruptured a mobile refueling tank. 300 gallons of diesel fuel was released onto the surface and migrated into a nearby storm drain.…

September 21, 2010

Diesel Fuel Migrates to Storm Drain

Acknowledgement to Great American

A street and road contractor was hired to re-pave a 25-mile section of highway. During the project, one of the contractor’s dump trucks accidentally backed into and ruptured a mobile refueling tank. 300 gallons of diesel fuel was released onto the surface and migrated into a nearby storm drain.…

September 1, 2010

Standard Hotel pleads guilty to dumping pool chemicals down rooftop drain

Acknowledgement to Ironshore Environmental 

Los Angeles Times, March 23, 2010

Operators of the Standard Hotel in downtown Los Angeles agreed Tuesday to plead guilty to a charge of negligent discharge of pollutants and pay more than $370,000 after a hotel employee dumped pool chemicals down a rooftop drain last year, causing several people to become ill, the U.S. attorney’s office announced.

On Jan. 18, 2009, a maintenance worker poured chlorine and muriatic acid into a storm drain atop the trendy hotel, located at 550 S. Flower Street.

The mix of chemicals created a cloud of noxious gas found its way into a nearby Metro station about 6:30 a.m. the following day. …