Kenton Man Sentenced for Dumping Hazardous Substances in Scioto River and Killing Thousands of Fish

TOLEDO, Ohio – Mark Shepherd, age 72, of Kenton, Ohio, has been sentenced to 12 months of probation, a $5,000 fine, and 150 hours of community service by U.S. Magistrate Judge Darrell A. Clay, after pleading guilty to violating the Clean Water Act by dumping pollutants and hazardous substances into waterways that killed thousands of fish in the Scioto River. He was also ordered to pay $22,508.60 to the Ohio Division of Wildlife.

According to court documents, on April 17, 2021, Shepherd discharged approximately 7,000 gallons of a hazardous, ammonia-containing substance into the Scioto River near Kenton, Ohio. The substance originated from Shepherd’s business facilities—Cessna Transport Inc. and A.G. Bradley Inc.—which he owned and operated in the Northern District of Ohio.

Local fisherman in Hardin County originally reported the fish kill in the area which is routinely used for recreational fishing. The Ohio Department of Natural Resources determined that the discharge killed 43,094 fish, including black bass, flathead catfish, sunfish, and minnows, valued at more than $22,000. The contaminants flowed approximately 18 miles downstream from where Shepherd illegally dumped it.

The fish kill led to concerns from wildlife officials who noted that bald eagles use the river as a food source. Eagle breeding pairs are known to build nests near the river to feed on fish. The concern has roots in history which showed that fish from contaminated waterways can poison animals who consume it. In the 1940s, the DDT insecticide used to control mosquitos and other insects, washed into waterways and contaminated fish. Bald eagles who fed on the fish were poisoned. The resulting decline in their numbers threatened the species with extinction. Bald eagles are no longer listed as an endangered species but remain protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act which prohibits killing, selling, or otherwise harming eagles, their nests or eggs. Officials continue to monitor the affected river area for harm to wildlife.

The case was investigated by wildlife officers with 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.

This case was prosecuted by Assistant U.S. Attorney Matthew Simko for the Northern District of Ohio.

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.