A federal grand jury in Midland, Texas returned an indictment against an oilfield company executive and a company manager for worker safety and environmental crime.
According to court documents Aghorn Operating Inc. operates and owns oil wells and leases throughout Texas. Trent Day, Aghorn’s Vice-President, was also indicted. He was accused of violating the Clean Air Act regarding releases of hydrogen sulfide at Aghorn facilities. He also obstructed an Occupational Safety and Health Administration Investigation (OSHA). Aghorn was also charged for three OSHA safety violations related to worker safety. Aghorn and Day were also charged with violating OSHA’s Safe Drinking Water Act and making false statements about the mechanical integrity of Aghorn injection holes in forms and pressure charts submitted to the State of Texas Railroad Commission.
The charges are the result a probe into the Oct. 26, 2019, death, of Aghorn employee Jacob Dean, and his wife Natalee Dean. Both were poisoned by hydrogen sulfide at an Aghorn facility near Odessa.
“The Justice Department will protect and defend the right to a safe workplace, and we will prosecute those who violate federal law aimed at keeping workers safe,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division.
“Our nation’s environmental laws are designed to protect our communities and workers from hazardous pollutants,” said Assistant Special Agent in Charge Todd “Tony” Adams of EPA’s Southwest Area Criminal Investigation Program. “Today’s indictments demonstrate that companies intentionally violating those laws and endangering others will be held responsible for their crimes.”
According to the indictment Jacob Dean responded on the night to a call to check out the pump house at the facility. This enclosed building had two bay doors and was enclosed. Natalee Dean, his wife, knew where Jacob was and began calling him whenever he didn’t return. Natalee drove with her two children, aged nine- and six-years, to the station when they did not return their calls. The pump house had a pump failure, resulting in a leakage of hydrogen sulfide-rich produced water. Jacob was overcome by hydrogen sulfuride in the pumphouse. Natalee arrived at Natalee’s station and she exited her vehicle to go to the pumphouse, where she was also overcome by the gas. Both Jacob and Natalee died at the scene.
The indictment stated that: “Aghorn was aware that its produced water contained high amounts of H2S as well as the deadly nature of the gas.” Aghorn and Trent Day allegedly “knowingly violated their general duty to prevent the accidental release” of hydrogen sulfide and also knowingly “placed another person in imminent danger of death or serious bodily injury.”
OSHA opened an investigation two days later. OSHA launched an investigation two days later. The indictment claims that Aghorn, Day and Day obstructed OSHA’s investigation. It is based on statements Day made to OSHA in two separate interviews.
Pressure tests or other testing methods approved by Railroad Commission must be used to assess the mechanical integrity of an injection hole. The Railroad Commission evaluates the pollution risk that a loss of well integrity could pose when assessing pressure test results. Aghorn operated many water injection wells that produced water and submitted to the Railroad Commission purported well pressure test results. Indictment states that defendants falsely stated the mechanical integrity and safety of Aghorn injection wells in forms, pressure charts, and other documents filed with Railroad Commission.
A federal district court judge will sentence anyone convicted after taking into account the U.S. Sentencing Guidelines, and other statutory factors
The case was investigated by the EPA’s Criminal Investigation Division. Senior Trial Attorney Christopher Costantini and Trial Attorney Mark Romley of the Environment and Natural Resources Divsion’s Environmental Crimes Section are prosecuting the case.
Source: U.S. Department of Justice
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