Josh Ferguson, a 42-year-old resident of Martha, Kentucky, pleaded guilty on April 15 before Chief U.S. District Judge David Bunning to knowingly discharging waste into waters of the United States.
The case centers on the illegal release of brine water, a byproduct from oil production, into Left Fork Blaine Creek in Lawrence County. The plea agreement states that the Kentucky Department of Environmental Protection received a tip about this activity in fall 2025. On September 3, 2025, an inspector found that Ferguson's equipment was actively discharging waste into the creek. Water samples downstream showed high chloride levels and no signs of aquatic life.
Ferguson admitted to discharging brine water for two years without a permit in order to save money. He acknowledged he did not have authorization for these actions.
“Dumping oil-production waste into Kentucky waterways to save money is both illegal and unacceptable,” said Jason Parman, First Assistant United States Attorney for the Eastern District of Kentucky. “This case reflects our commitment to protecting public health, enforcing the Clean Water Act against those who put profit over people, and safeguarding the natural resources that our communities rely on.”
“These ongoing discharges threatened the public and aquatic life downstream—putting profits over people and the environment,” said Leslie Y. Carroll, Acting Special Agent in Charge of EPA’s criminal enforcement program in Kentucky. “Clean water is one of Kentucky’s most valuable resources, and it must be protected. Today’s guilty plea demonstrates that EPA and our enforcement partners will investigate violations and hold polluters accountable to protect human health and the environment.”
The investigation was conducted by EPA-CID and the Kentucky Department of Environmental Protection. Ferguson will be sentenced on August 10; he faces up to three years in prison as well as a minimum fine not less than $5,000 per day of violation.
