Wastewater Case Draws Guilty Plea - Washington PA Observer Reporter - 10 February
2012
2/10/2012 3:32 AM
By Jon Stevens, Staff writer
jstevens@observer-reporter.com
WAYNESBURG - Robert Allan Shipman of New Freeport, former owner of
Allan's Waste Water Service Inc., entered an open guilty plea in
Greene County Court Thursday to 13 counts stemming from a two-year
investigation by the state attorney general's office that he
illegally dumped millions of gallons of wastewater from natural gas
drilling, sewage sludge and restaurant grease into streams and mine
shafts in a six-county area.
The charges include one count each of theft by deception, receiving
stolen property and tampering with public records or information;
five counts of unlawful conduct; three counts of pollution of
waters; and one count of criminal conspiracy.
Judge Farley Toothman deferred sentencing pending the completion of
a presentence report.
Shipman, 50, is accused of orchestrating a scheme to dump waste
products into streams, mine shafts and business properties across
Allegheny, Fayette, Greene, Lawrence, Washington and Westmoreland
counties. Prosecutors said the activities took place between 2003
and 2009.
Agents from the state attorney general's office also claim Shipman
directed his drivers to falsify manifests so his company could bill
customers for the full capacity of their trucks, regardless of the
amount of waste actually being transported and disposed of.
Shipman underwent an extensive plea colloquy from his attorney,
Christopher Blackwell of Washington; Deputy Attorney General
Amy Carnicella; and Toothman.
In all instances, Shipman said he understood he was giving up his
right to a jury trial, was entering his plea voluntarily and
knowingly and was pleading guilty to the charges as outlined by
Carnicella.
The theft by deception charge is a third-degree felony and Shipman
admitted that from June 2006 to December 2007, he either obtained or
withheld money in excess of $2,000 from a host of businesses,
including All Clad Metal Crafters, Allegheny Energy Supply Co.,
American Oil and Gas, Cecil Township Municipal Authority, North
Strabane Township Municipal Authority, CNX Gas and others, "by
fraudulently billing for waste disposal services not rendered."
Also a third-degree felony, the receiving stolen property charge
involved Shipman receiving in excess of $2,000 from additional
companies, including many listed in the theft charge, "knowing it
had been stolen" and having no intention of returning the money.
The tampering charge alleges Shipman, from June 2006 to December
2007, made false entries in manifests used by Cecil Township
Municipal Authority, Franklin Township Municipal Authority,
Waynesburg Municipal Authority and Washington-East Washington Joint
Authority, to prepare discharge monitor reports submitted to the
state Department of Environmental Protection.
The five counts of unlawful conduct claim Shipman, from 2003 to
2009, failed to comply with DEP regulations and permitted gas well
production water to be discharged into Rush Run in Center Township,
Greene County; Morris Run in Wayne Township, Greene County; Toms Run
in Jackson Township, Greene County; tributaries leading to Dunkard
Creek, Wayne Township, Greene County; and Pigeon Run, Fallowfield
Township, Washington County.
Shipman also pleaded guilty to four counts of pollution of waters in
that he allowed gas well production water "that is poisonous to
fish," to flow into Morris Run, Blackville No. 1 mine pool, Toms Run
and Dunkard Creek tributaries.
With respect to criminal conspiracy, Shipman pleaded guilty to
conspiring with one or more people to commit the crimes outlined in
the previous 12 counts.
It was noted during the proceeding Shipman no longer is affiliated
with Allan's Waste Water Service and as part of the plea, Shipman is
to provide the attorney general's office with evidence he and his
wife, Carolyn, have divested themselves entirely of both Allan's
Waste Water Service Inc. and Tri-County Waste Water Management.
Moreover, both Shipman and his wife must agree at sentencing that
neither of them will apply for or obtain DEP permits for any
"conduct relating to environmental activity in Pennsylvania."
Also at the time of sentencing, Shipman is to pay a $100,000 fine,
$90,000 of which will go to the Pennsylvania Clean Water Fund and
$10,000 to the state Fish and Boat Commission.
The plea agreement with Allan's Waste Water Service Inc. provides
the company will pay $257,316.04 to the Greene County Clerk of
Courts and make a $25,000 nondeductible charitable contribution to
the attorney general's office toward an environmental organization
of its choosing.