Shipman sued by farmer
WAYNESBURG – A Center Township farmer sued a Greene County man convicted in 2012 of illegally dumping drilling wastewater, claiming wastewater dumped into a stream near his farm caused the death of 21 cattle.
George L. Watson of 1254 Hargus Creek Road, Waynesburg, originally filed civil complaints against Robert Allen Shipman of New Freeport and four others regarding the death of his cattle with District Judge Lou Dayich of Waynesburg.
Following a hearing Feb. 19, Dayich found in favor of Watson and ordered Shipman to pay $12,000, the statutory limit for a civil action before a district judge. Shipman appealed the judgment to the Greene County Court.
In regard to the other complaints, Dayich found in favor of the defendants, Alpha Shale Resources, Dominion Transmission Inc. and Penneco Oil Co. A hearing on the complaint against the last defendant, Consolidation Coal Co., is scheduled for Thursday.
All the complaints filed with Dayich seek damages of $12,000 and claim the defendants allowed natural gas drilling wastewater to be dumped into Hargus Creek.
Shipman, 50, was charged by the state attorney general’s office with illegally dumping drilling wastewater, sewage sludge and restaurant grease into streams and mine shafts in a six-county area during a period of several years while the owner of a water hauling service. He also was charged with falsifying records, receiving more than $250,000 from clients by overbilling.
Shipman pleaded guilty in February 2012 to charges including theft, tampering with public records, unlawful conduct and pollution of waters. He was sentenced to 7 years of probation and ordered him to $257,316 in restitution and $100,000 in fines.
After Shipman filed the appeal with the Greene County Court on Dayich’s ruling, Watson was required to file a complaint, which he did Monday. Watson has no attorney and is representing himself in the case.
Watson alleged in the complaint he saw one of Shipman’s trucks depositing wastewater into Hargus Creek, upstream from his farm.
During the next several months, 21 of his cattle died unexpectedly from drinking water in the creek, Watson claims. The complaint failed to state when the dumping occurred or when the cattle died.
Watson could not be reached Tuesday for comment.
Shipman’s attorney, Christopher Blackwell, said Shipman denies ever dumping wastewater into Hargus Creek.
At the hearing before Dayich, Watson testified but called no other witnesses, Blackwell said. He presented no evidence regarding the cause of death of his animals, such as a veterinarian’s report, or any evidence of whether anything was in the creek that might have led to the animals’ deaths, Blackwell said.
Watson also testified he didn’t know if Shipman had dumped anything into the creek, though in the court complaint, he stated he saw one of Shipman’s trucks dumping in the creek.
Blackwell said he believes Watson based his complaint only on the criminal charges against Shipman. The criminal complaint, however, never alleged Shipman had dumped illegal wastes into Hargus Creek, Blackwell said.
Watson also filed a complaint about the death of his animals with the state Department of Environmental Protection.
DEP spokesman John Poister said Watson filed a complaint Oct. 19, 2009, stating 17 cows and three calves died on his farm and he believed Hargus Creek might be contaminated from oil and gas drilling waste. He also told DEP he had to place water purifiers on two of his wells.
DEP tested water from the stream Nov. 3, 2009, and found nothing that would indicate any impacts from oil and gas drilling, Poister said. Watson made no mention of Shipman in his complaint, Poister said.
Subsequent tests conducted at that time of Hargus Creek also showed no impacts from oil and gas drilling, Poister said. DEP suggested to Watson that he contact the state Department of Agriculture should any additional animals die.