This Terrible Violation of Pollution Laws Has Been Allowed To Contaminate Our Lives For Years The West Virginia Department of Environmental Protection (DEP) is proposing to issue two new permits to Danny Webb Construction Inc. to operate two wastewater injection wells at the North Hill Plant in Lochgelly, Fayette County. The waste operation has been the site of numerous serious violations in past years. This Public Hearing will be a chance for the public to comment orally or submit written comments regarding the applications for the renewal of these two violation plagued UIC (Underground Injection Control) wells that are used to dispose of liquid oil and gas waste, including Marcellus flowback and produced water. When: Weds. Jan. 7, 2015 6:30 to 8:30 p.m. Where: the auditorium of Oak Hill High School, located at 350 West Oyler Avenue in Oak Hill Environmental concerns Past water testing of the stream adjacent to the site has found high levels of contaminants including benzene, a known carcinogen, oil, chloride, and iron. Soil testing of soil collected from private property adjacent to the Danny Webb Construction site in 2013 detected Total Petroleum Hydrocarbons and acetone. Water testing of the stream in 2014 by Duke University scientists found elevated levels of chloride, bromide, sodium, manganese, strontium, and barium. This chemical composition is typical of oil and gas wastewater found in Pennsylvania and West Virginia. DEP has not determined the source of the stream contamination. Why not? Suggested points to make at the hearing or in written comments Proximity: If you live near the Danny Webb Construction site or near Wolf Creek, or if you are affected by the air quality, water quality or truck traffic in the area, mention that in your comments. Truck traffic: DEP has not analyzed the risks to health and safety from any increased truck traffic at the site. The new permit would allow much more waste to be disposed at this site. This traffic is dangerous, generates harmful air pollution, is very noisy, and destroys rural roads. This traffic could be 24/7. The roads are not designed for increased heavy industrial truck traffic, and the risk of serious traffic accidents could escalate at all times of the day and night. The level of traffic is not appropriate for the rural nature of the area and the community may not have the capability to deal with major accidents involving hazardous materials. Water contamination: DEP has not determined if the injection wells are causing any ground water or surface water contamination. DEP must determine the source of contamination before issuing any new permits. Recent testing by independent scientists from Duke University found high levels of contaminants in the stream that runs adjacent to the Danny Webb Construction waste site. The contamination matches oil and gas wastewater chemistry, but no one has determined if the contamination is from the pits or from the underground injection wells. No new permits should be issued for injection wells until it is certain that the injection wells are not causing any water contamination. Oil and gas wastewater is known to be toxic: Oil and gas exploration and production wastes have been shown to meet the criteria for hazardous waste and to contain toxic substances which endanger both human health and the environment, including materials that can cause cancer. They may contain volatile organic compounds, radioactive material, or heavy metals and should be treated with special precautions to ensure safe disposal. However, these materials are exempt from federal hazardous waste laws and therefore, current state standards are not adequate to protect the public. A company managing these wastes should be held to the highest standards. History of violations at the site: Danny Webb Construction Inc. has a pattern of violations. The company has been issued numerous violation notices and orders since 2004. Many of them are for very serious offenses. There is no evidence that the company has complied with all of the previous orders. This is not the kind of company we want in our community. DEP should automatically reject any permit applications from companies with a pattern of noncompliance and require any operator applying for a permit to certify that it is currently in compliance with all safety and environmental requirements and that it has met all obligations for any prior violations. Case is currently pending: DEP has been allowing the Danny Webb Construction site to continue operating even though the company does not have a permit as required by state and federal law. Several non-profit organizations and a local landowner have filed an appeal with the West Virginia Environmental Quality Board (EQB), asking it to overrule DEP’s decision to allow the site to operate. DEP should not issue any new permits until the EQB has issued its decision about Danny Webb Construction Inc.’s operations. And, here is a brief provided by George Monk, WV Sierra Club, with more talking points and valuable links: The wells’ Underground Injection Control numbers are UIC2D0190460 and UIC2D0190508. Talking points Injection of waste has continued at UIC2D0190460 since November 2012 without a permit required by state and federal law. Activity on the site and/or injection has contaminated the adjoining stream with Marcellus flowback/produced water. There is nothing in the draft permits or their fact sheet to show that activities causing pollution have stopped and that the stream has been remediated. Contamination of this sort is not sanctioned by state or federal law. The operator has a history of gross noncompliance with state and federal law in reporting and in compliance with a DEP Order. The operator’s permit applications for both wells are incomplete and misleading. The Office of Oil and Gas’ new draft permits for these wells have serious errors and do not comply with the requirements of state law. For more information Permits, permit applications and fact sheets can be downloaded using the links on this page: dep.wv.gov/…/Pages/UIC-Pending-Applications-.aspx This legal brief and Dr Vengosh’s affidavit provide information about the legal issues and the stream’s contamination: plateauactionnetwork.org/…/Appellants-Brief-9-4-2014… This is a link to the state law that covers Underground Injection Control wells: sootypaws.net/…/47csr13%20%20%202011-10-21-11-53… This is a web site that has information and videos about the wells and water contamination: dirtysecretwater/ If you are not able to attend the public hearing, you can also send written comments to DEP by mail or by e-mail. All comments are due by January 17. They can be as brief or as long as you like. Fax: 304-926-0452, Attn: Justin Nottingham with “UIC Comments” written near the top. Email: [email protected], Subject: UIC comments Mail: WV DEP, Office of Oil and Gas, Attn: Justin Nottingham, 601 57th Street SE, Charleston, WV, 25304 Chuck Wyrostok Outreach Organizer Sierra Club, WV Chapter T: 877 252 0257 E. outreach@marcellus-wv marcellus-wv
Posted on: Mon, 05 Jan 2015 17:31:09 +0000
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