WARREN - D&L Energy was sued for the second time in two weeks by companies claiming they are owed more than $630,000 for work on the cleanup of a spill of oilfield waste into a Mahoning River tributary.
Tom's Sewer & Drain Service and Heavy Duty Industrial Services, both at 2355 Watson Marshall Road, McDonald, filed the lawsuit Thursday in Trumbull County Common Pleas Court. The companies also seek punitive damages.
The case was assigned to Judge Peter Kontos.
Besides D&L, also named as defendants are related oilfield companies Mohawk Oilfield Services, Mohawk Disposal Management and Hardrock Excavating, all at 2761 Salt Springs Road, along with D&L President Nicholas C. Paparodis and Ben and Holly Serensky Lupo, identified as the principal officers of the other entity companies.
The McDonald companies state in the lawsuit they were paid $107,000 for the first week of work on Feb. 13, but instead of being paid the remainder of the bill, the companies were promised by the Lupos payment from $30 million from recently sold off mineral rights in Trumbull County.
Paparodis also assured the companies were solvent since it owned injection wells in North Lima that it intended to sell.
Earlier this month Sunpro Inc., a company from North Canton, filed similar action in Mahoning County Common Pleas Court, seeking more than $1 million for cleanup work. Sunpro said in that suit that it had been paid $175,000 for initial cleanup work.
Ben Lupo, of Poland, and an employee Michael Guesman, of Cortland, each were charged criminally in federal court with violating the federal Clean Water Act after D&L employees were caught dumping brine and oil-based drilling mud into a storm sewer several times between November and January.
Lupo was not named in the Mahoning suit. Instead, Paparodis, was named.
The Mahoning suit states D&L's lawyers told Sunpro on March 11 that D&L would file Chapter 11 bankruptcy and they would sell its interest in the North Lima wells before the bankruptcy filing, which would keep the sale out of the review of a bankruptcy trustee.
Sunpro was granted a motion for a temporary restraining order prohibiting D&L from selling its interest in the North Lima well and set a hearing for a preliminary injunction for this morning.
No hearing date has been set in the Trumbull suit.