Kenton Man Pleads Guilty to Dumping Hazardous Substance into Scioto River

U.S. Attorney’s Office, Northern District of Ohio

More than 40,000 fish died from exposure to hazardous wastewater

TOLEDO – An Ohio man pleaded guilty to violating the Clean Water Act by dumping pollutants and hazardous substances into waterways that killed thousands of fish in the Scioto River.

According to court documents, on April 17, 2021, Mark Shepherd, age 72, Kenton, Ohio, negligently, and without a permit or in violation of a permit, discharged into the Scioto River near Kenton, Ohio, approximately 7,000 gallons of a substance containing ammonia, a pollutant and hazardous substance. The substances originated from Shepherd’s facilities—Cessna Transport Inc. and A.G. Bradley Inc.—which he owned and operated in the Northern District of Ohio, Western Division.

The Ohio Department of Natural Resources determined that the discharge killed 43,094 fish, including black bass, flathead catfish, sunfish, and minnows, valued at $22,508.60. The contaminants flowed approximately 18 miles downstream from where Shepherd illegally dumped it.

“This type of behavior is unacceptable,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “The Scioto River is home to abundant fish and other wildlife, and it is a valuable community resource, flowing through more than 230 miles of Ohio. As the guilty plea demonstrates, anyone caught illegally discharging substances into our district’s waterways that harm our environment will face prosecution. Our office is committed to preserving our natural resources for Ohio communities to enjoy for generations to come.”

The fish kill was originally reported by a local fisherman in Hardin County. The area in which the dumping occurred is routinely used for recreational fishing. According to the Ohio Environmental Protection Agency, in 2009, a water quality sample not far from the fish kill site listed the area as “Generally High-Quality Water.”

“Illegal dumping of pollutants into the Scioto River in Hardin County, Ohio not only violated the Clean Water Act, but also harmed aquatic species,” said Special Agent in Charge Tyler Amon of EPA’s Criminal Investigative Division in Ohio. “This guilty plea illustrates EPA’s and its partners commitment to protecting the environment and ensuring accountability for those that fail to abide by our nation’s environmental laws.”

“There’s a right way and a wrong way to do business – and when your business pollutes Ohio’s natural resources, you will be held accountable,” Ohio Attorney General Dave Yost said. “I’m grateful for our many partners who work together to keep our land, water and air clean.”

Sentencing is slated for Aug. 12, 2024.

The case is being prosecuted by Assistant U.S. Attorney Matthew Simko. The case was investigated by the Ohio Department of Natural Resources, the Ohio Attorney General’s Office-Environmental Enforcement Unit, the Ohio Environmental Protection Agency, the Ohio Bureau of Criminal Investigation, and the U.S. Environmental Protection Agency.

If you have information or see activity that you believe is a potential or immediate environmental problem, please call the Ohio EPA 24-hour Hotline at 800-282-9378 or the U.S. EPA Emergency Number at 800-424-8802.