TOLEDO — A Kenton man was sentenced Monday in U.S. District Court in Toledo for violating the federal Clean Water Act by dumping hazardous substances into the Scioto River near Kenton.
Magistrate Judge Darrell Clay sentenced Mark Shepherd, 72, to serve 12 months of probation. Shepherd was also fined $5,000 and was ordered to pay restitution totaling $22,508 to the Ohio Department of Natural Resources for the incident, which led to the death of an estimated 43,000 fish in the Scioto River.
An ODNR investigation revealed that on or around April 17, 2021, a fish kill occurred in the river. The state agency determined Shepherd discharged a large amount of water containing anhydrous ammonia into a catch basin at a location along the river. The investigation further revealed the property in question was operated by A.G. Bradley Inc. and Cessna Transport Inc. Those companies transported chemicals as part of their regular business, prosecutors said.
Wildlife investigators determined the discharge killed approximately 43,000 fish — black bass, flathead catfish, sunfish and minnows, with a value of more than $22,000 — from the dump site downstream for nearly 19 miles.
According to prosecutors, Shepherd initially denied any involvement in the dumping of ammonia into the river. During later interviews with investigators, he admitted he had dumped 7,000 gallons of water from a tank on the property into a drain, which led to the river.
The subsequent fish kill was reported by Hardin County fishermen.
“This type of behavior is unacceptable,” said U.S. Attorney Rebecca Lutzko for the Northern District of Ohio in a press release after Shepherd pleaded guilty to the charges. “The Scioto River is home to abundant fish and other wildlife and is a valuable community resource. Anyone caught illegally discharging substances into our district’s waterways that harm our environment will face prosecution. Our office is committed to preserving our natural resources for Ohio communities to enjoy for generations to come.”
