T-L Photo/JENNIFER COMPSTON-STROUGH The Austin Master Services fracking waste recycling facility in Martins Ferry allegedly exceeded its storage capacity, prompting Ohio Attorney General Dave Yost to file a complaint in Belmont County Common Pleas Court.

MARTINS FERRY — Ohio Attorney General Dave Yost took legal action Monday, seeking to force Austin Master Services in Martins Ferry to correct “egregious violations of Ohio law” regarding storage of oil and gas waste that he says threaten the Ohio River and Martins Ferry’s drinking water supply.

Yost filed a complaint against the Canonsburg, Pennsylvania-based company in Belmont County Common Pleas Court before Judge John Vavra.

The complaint states that the company is failing to store waste from fracking operations properly at its facility located at 801 N. First St. in Martins Ferry.

The complaint notes that location is approximately 500 feet from the Ohio River and about 1,000 feet from the city’s drinking water well field.

“At the top of the list, Defendant has allowed tons of waste, some of which is radioactive, to far exceed its permitted storage capacity,” the complaint states.

Yost further alleges that Austin Master allowed radioactive liquids and sludge to flow uncontained on the facility’s floor and that it used unpermitted storage containers, including three dumpsters, a “green frac tank” and railcars, to store dangerous waste products.

The allegations are based on inspections on Feb. 7 that resulted in the initial notices of violations and orders to remove waste from the facility, as well as a follow-up inspection on March 15, when Ohio Division of Oil and Gas Resources Management staff “observed worsened conditions.”

According to the complaint, on March 15 following the inspection, Austin Master terminated the entire staff of the facility, except for its radiation safety officer. The radiation safety officer then resigned on March 21. As of Monday, according to Yost, no staff members had been replaced.

“Since March 15, 2024, AMS has had no employees present at the Facility and, therefore, AMS has not been conducting inspections on a schedule to ensure maintenance of equipment and other appurtenances in a safe and functional manner,” the complaint states.

On March 19, the division issued Chief’s Order 2024-78 suspending operations at the facility and ordering Austin Master to cease accepting waste at the site and to remove all liquids from the facility floor and secondary containment areas. It also requires the company, within 14 days of the order, to “provide financial assurance … for the storage capacity of the railcars and additional waste volumes being stored at the facility exceeding permit allowance.”

The complaint states that none of these corrective actions had been taken by Monday.

The eight-count complaint asks the court to intervene so that the company will comply with the chief’s order, stop exceeding its permitted storage capacity, have an adequate number of properly trained employees on site, implement monitoring and inspection procedures, operate in a safe manner and pay fines associated with the alleged violations.

For each of the eight counts, Yost asked the court to impose a fine of $10,000 for each day of each alleged violation.

Chris Martin of Atlas Marketing previously served as a spokesman for Austin Master. On Tuesday, however, he said his firm no longer works with Austin Master and that he would not be able to comment on the matter.

A call to the phone number listed online for the Martins Ferry led to a message that the call could not be completed as dialed. The company website, austinmasterservices.com, is listed as “currently unavailable.”

The company has made headlines in recent years, with the environmental group Concerned Ohio River Residents leveling allegations that the company was not handling waste properly, potentially causing contamination of soil, air and water around the plant. CORR members approached several local city and village officials, seeking support for their efforts to get the U.S. Environmental Protection Agency involved in monitoring the site.

CORR member Bev Reed said she had mixed emotions upon hearing that Yost had filed the complaint. While she is happy that action against Austin Master is being taken, she believes the facility should never have been permitted to operate in the former steel mill building. And she believes local and state officials should have acted sooner.

“Our group started our campaign in summer 2021,” Reed said. “We saw the initial inspection reports that we obtained at that time. All the same issues found in the most recent inspections were existent back then. … The point is, these issues are not new.”

She wonders why the Ohio Department of Natural Resources decided to act now, and she suggested that public pressure from groups like CORR and other Ohio residents led to the recent inspections and, ultimately, the court filing.

Reed added that it is important to raise awareness about “fracking issues” ranging from waste facilities such as Austin Master to injection wells.

“Of course we are happy they are doing something about it … but the tragic part is that the state allowed it to be permitted in the first place. ODNR knew there was an aquifer there, they knew it was a vulnerable area right next to the Ohio River in a floodplain next to a football field and they permitted it anyway.”

Reed also speculated that Austin Master Services will no longer do business in Martins Ferry.

“Why fire all your employees if you wanted to try to clean it up and abide by the law?” she asked.

Martins Ferry Mayor John Davies in January 2023 said he was ready to put concerns about the facility to rest after testing showed “no concern for the local water aquifer.” He also could not be reached for comment Tuesday regarding Yost’s complaint.