Columbia man accused of violating the Clean Water Act

Joshua Franklin was indicted for allegedly discharging oil and brine water into creeks in Adair County

COLUMBIA, Ky. (WTVQ) – A Columbia man is accused of violating the Clean Water Act by illegally discharging oil and brine water into creeks in Adair County in 2018, according to federal prosecutors.

32-year old Joshua Franklin worked as an operator at an oil lease battery in Columbia, according to prosecutors.  They say his duties included ensuring brine water, which is a waste product from oil production, was separated from the oil before it was delivered to customers.

The indictment alleges on Aug. 22, 2018, the oil/water separator at the site used to remove brine water was not functioning.  Instead, to remove the brine water, Franklin attached a conduit to the bottom of the oil tank and placed the open end of the conduit just yards from a creek, opened the tank valve, which allowed a mixture of brine water and oil to discharge from the tank, according to the indictment.

With the valve still open, Franklin left the site, which allowed 100 barrels (about 4,000 gallons) of the oily mixture to discharge into a nearby creek which flowed into connecting tributaries, according to prosecutors.

The EPA and Kentucky Department of Environmental Protection investigated the incident, according to the Department of Justice.

The maximum penalty under the Clean Water Act is three years in prison and a $250,000 fine.  A court could also impose a restitution payment for the cost of the cleanup, according to prosecutors.

The government is represented in the case by Senior Trial Attorney Daniel Dooher and Trial Attorney Ryan Connors of the Department of Justice’s Environmental Crimes Section.