Hagan Seeks ODNR Records on D&L Investigation
YOUNGSTOWN, Ohio -- State Rep. Robert Hagan (D-58) today sent a letter today to the director of the Ohio Department of Natural Resources, James Zehringer, requesting public records from the illegal brine dumping incident that took place earlier this year in the Mahoning Valley.
The letter follows recent reports that ODNR is withholding public records on the incident from a statewide environmental group. It was released to the press by Hagan's office.
“Questions still surround the investigation into one of the most egregious violations of Ohio environmental law in recent memory,” Hagan said in a statement also released by his office. “The public deserves to know who knew what and when.”
Earlier this year, owner of D&L Energy and Hardrock Excavating, Ben Lupo, was indicted along with an employee on charges of violating the Federal Clean Water Act. According to the federal indictment, Lupo “discharged and caused the discharge of waste liquids into a stormwater drain which flowed… ultimately into the Mahoning River," Hagan noted.
In his letter, said he previously requested records related to the incident back in February, but never received a response from ODNR.
Here is the text of Hagan's letter to Zehringer:
This serves as a written request to view the records of any and all communication (including but not limited to letters, emails, memos, presentations and all other communications, records, and documentation) from the Ohio Department of Natural Resources regarding the illegal brine dumping incident allegedly perpetrated by Hardrock Excavating on January 31, 2013. This request seeks records specifically detailing any communications with Hardrock Excavating, D&L Energy, Mr. Ben Lupo, and any warnings that ODNR received regarding the illegal dumping prior to official investigation.
In accordance with ORC 149.43, I ask that you provide our office with an electronic copy and hardcopy of this requested information in a timely manner.
ODNR’s refusal to release public records, as reported in today’s newspapers, is a troubling deed that I fear is becoming a pattern. In February, I requested similar information regarding this illegal brine dumping incident and have yet to receive the requested materials.
Free access to information acts as a fundamental check on government overreach or misconduct, and the inappropriate shielding of public information amplifies mistrust in the people we serve. It is only through transparency and openness that government functions at its best and remains responsive to the people’s will.
If you should have any questions about this request, please contact my office at 614-644-5076. Your prompt response is appreciated. Thank you.
Published by The Business Journal, Youngstown, Ohio.
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