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FISCAL YEAR: 2021
1. PRINCIPAL DEFENDANT: Rockwater Northeast, LLC
M.D.  Pennsylvania  4:20-CR-00230
2. DEFENDANT: Dennis Paulhamus
M.D.  Pennsylvania  4:18-CR-00174
3. DEFENDANT: Gavin Rexer
M.D.  Pennsylvania  4:18-CR-00174
4. DEFENDANT: John Joseph
M.D.  Pennsylvania  4:18-CR-00174
5. DEFENDANT: Joseph Powell
M.D.  Pennsylvania  4:18-CR-00174
6. DEFENDANT: Timothy Sweitzer
M.D.  Pennsylvania  4:18-CR-00174

Rockwater Northeast LLC, a Pennsylvania-based company that provides water management services to companies in the oil and gas industry, pleaded guilty to an information charging 31 counts of violating the Clean Air Act. The information charged Rockwater Northeast LLC with tampering with the emissions systems on 31 heavy-duty diesel trucks owned by the company, and installing “defeat devices” that disabled emissions diagnostic systems on the trucks. Rockwater Northeast LLC also is alleged to have caused the trucks to pass annual vehicle safety inspections by the Department of Transportation (DOT), despite the modified emissions systems.

Separately, Select Energy Services, Inc., a Texas-based company and the successor in interest to Rockwater Energy Solutions, Inc., parent company of Rockwater Northeast LLC, entered a three-year non-prosecution agreement with the United States. The agreement resolves Clean Air Act violations for modified emissions systems on 29 additional heavy-duty diesel trucks that were owned by Rockwater Energy Solutions, Inc. Select Energy Services, Inc. paid an additional $2.3 million in monetary penalties pursuant to the terms of a non-prosecution agreement.

Select Energy Services, Inc. has cooperated with the investigation since its acquisition of Rockwater Energy Solutions, Inc. in 2017. Under the terms of the non-prosecution agreement, Select Energy Services, Inc. agreed to continue cooperating with the government, and implemented an environmental compliance program designed to prevent future Clean Air Act violations. Select Energy Services, Inc. also commenced conducting annual audits during the three-year term of the agreement, to ensure Clean Air Act compliance.



April 20, 2021
Rockwater Northeast LLC was sentenced to pay $2 million in fines and $12,400 in special assessments for violating the Clean Air Act.
CITATION: 42 U.S.C. 7413(c)(2)(C)
June 17, 2021
Gavin Rexer, Joseph Powell, and John Joseph were sentenced to 12 months of probation and 50 hours of community service. Dennis Paulhamus was sentenced to 12 months of probation and ordered to pay a $15,000 fine. Timothy Sweitzer was sentenced to 12 months of probation and ordered to pay a $10,000 fine.
CITATION: 18 U.S.C. 371
STATUTE:
  • Clean Air Act (CAA)
  • Title 18 U.S. Criminal Code (TITLE 18)

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