On June 6, 2014, Pennsylvania Attorney General Kathleen Kale filed criminal charges against a fracking waste hauling company and its owner.The company and its owner face charges for violating Pennsylvania’s SolidWaste Management Act and Clean Streams Law, overbilling customers, and participating in multiple criminal conspiracies to commit insurance fraud.According to a presentment by a statewide grand jury, the company allowed oil, waste, and other pollutants to run into storm drains. The presentment also stated that the company allowed radioactive waste to leak onto the ground at its facility in Harrisburg, Pennsylvania. The company is further accused of storing waste without proper permits from Pennsylvania’s Department of Environmental Protection, and illegally disposing of solid waste into the ground. Moreover, the grand jury found that the company overbilled every business it contracted with by inflating their invoices.The Office of the Attorney General additionally filed insurance fraud charges against the owner. The Office discovered that several members of the owner’s family were on the payrolls of the company and another entity which was family owned. The grand jury stated that these family members were ghost employees and that they conspired for group health insurance rates. Current and former employees apparently testified that they risked termination if they did not follow the owner’s demands to inflate invoices and add his family members to the payroll.A press release containing all the criminal charges can be found on the Pennsylvania Attorney General’s Office website.


This post was written by Barclay Nicholson (barclay.nicholson@nortonrosefulbright.com or 713.651.3662) from Norton Rose Fulbright’s Energy Practice Group.