According to the indictment, 32-year-old Joshua Franklin attached a conduit to the bottom of the oil tank and placed the open end of the conduit just yards from a creek. He then opened the tank valve, which allowed a mixture of brine water and oil to discharge from the tank. Prosecutors say that with the valve still open, Franklin left the site, which allowed about 4,000 gallons of the oily mixture to discharge into a nearby creek which flowed into connecting tributaries.
The maximum penalty under the Clean Water Act is 3 years in prison and a $250,000 fine. A court could also impose a restitution payment for the cost of the cleanup.
The EPA and Kentucky Department of Environmental Protection investigated the incident.