The United States Department of Justice (“DOJ”) announced in an August 24th news release that Jason A. Halek was indicted in federal court in Bismarck, North Dakota on 13 felony charges stemming from the alleged operation of a saltwater disposal well in Stark County, North Dakota.
The indictment includes:
- one count of alleged conspiracy to violate the Safe Drinking Water Act (“SDWA”)
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four counts of allegedly violating the SDWA
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four counts of allegedly making false statements
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four counts of allegedly obstructing grand jury proceedings
The DOJ news release states in part:
The well, named the Halek 5-22, received “produced water” constituting “brine and other wastes” commonly and generically referred to as “saltwater.” “Saltwater” in this context covers a wide array of drilling waste fluids, including hydraulic fracturing fluid, which is water combined with chemical additives such as biocides, polymers and “weak acids.” The Environmental Protection Agency (EPA) has stressed that this water is often saltier than seawater and can “contain toxic metals and radioactive substances.”
DOJ states the indictment alleges that the individual conspired with others in a number of coordinated and illegal acts, including injecting saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity and continued to inject saltwater after failing a February 2, 2012 pressure test. He is also charged under the SDWA with injecting fluids down the “annulus” or “backside” of the well in violation of its permit which requires that fluids be injected through the tubing.
The individual is also charged with telling another person to move a device called a “packer” up the wellbore in violation the well’s permit, without first getting approval from the state. Another individual allegedly gave false information to a state inspector regarding the depth of the packer.
DOJ notes that an indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every dependent is presumed innocent until and unless proven guilty.
Click here to download a copy of the new release.
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