PA Court Upholds $1.1M Fine on EQT re Wastewater Impoundment
Yesterday Pennsylvania’s Commonwealth Court upheld a PA Dept. of Environmental Protection (DEP) fine levied on EQT for $1.1 million related to a leaky wastewater impoundment in 2012. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County, something that happened two years earlier (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). EQT never said there wasn’t a problem with leaks at the site, but they did say the way the DEP calculated the fine was unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court, and in April of this year, the Supremes ruled in favor of EQT, saying that the DEP’s levied fine was excessive and that the DEP misinterpreted language in the 1937 Clean Streams Law (see PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak). We thought that was the end of the case. But it wasn’t. The Supremes ruled on “water to water” contamination in the case, but not on “ground to water” contamination. PA law allows for companies to be on the hook for each day a contaminant enters the water table. In May the court heard oral arguments over how to prove whether contaminants in the soil have moved into groundwater (see EQT Continues to Fight PA DEP Fine re Wastewater Impoundment). What lawyers argued was whether or not, and how, the DEP can prove contaminants in the ground, there because of EQT’s leak, can be proven to have leached into the water on any given day. DEP claimed to have a formula and calculated a revised $1.1 million fine based on assumptions about how many days the contaminants leaked out of the ground. Yesterday, Commonwealth Court agreed with DEP and upheld the fine…
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Liberal Democrat State Rep. Glenn Holmes (from Girard, Trumbull County, OH) is attempting to use a hammer to kill a fly. That is, he’s floating House Bill 723 to cap the number of injection wells at 23 per county, in an attempt to block a new injection well from getting built in Hubbard Township. Currently Trumbull County has 17 live and functioning wastewater injection wells. Five more are currently under construction. If the bill passes, it would prevent a newly-proposed well in Hubbard from getting built. Come here fly, see this hammer? Instead of debating the merits (or lack thereof) of the single well in Hubbard, how many wells are too many in Trumbull County, Holmes wants to limit injection wells everywhere in the state as his preferred solution. Right now Trumbull and Ashtabula counties are tied for the top spot with 17 active injection wells each. Nearby Portgage and Stark counties both have 16 injection wells. Meigs County, in southeast Ohio, has 14 active injection wells. Here’s the latest Democrat shenanigan aimed at stifling the Utica (and Marcellus) industry in Ohio…
We may not always agree with certain rules and regulations, but skirting or ignoring them is not an option. Especially not in the Marcellus industry. A small group of men (six so far) in Williamsport (Lycoming County), PA are accused of conspiring to illegally alter emission systems on 30+ trucks with heavy-duty diesel engines. The trucks belong to Rockwater Northeast of Canonsburg, a subsidiary of Rockwater Energy Solutions Inc. of Houston, Texas, used to haul fresh water and wastewater to/from Marcellus Shale wells being drilled. The men “tampered with and removed emission monitoring devices on trucks to reduce repair costs and maintenance down time.” Five of the six have already plead guilty, and a sixth was recently charged in the scheme. They all face jail time and stiff fines. Folks, this is not acceptable behavior for our industry…
We find the latest “bash fracking” so-called study just published by Duke University to be, well, rather amusing. This is not Duke “researcher” Avner Vengosh’s first bash fracking study (see 
In 2013, Buckeye Brine, a relatively young Ohio-based company, added a second shale wastewater injection well in Coshocton County (see
Mountain V Oil and Gas owns a Marcellus Shale well drilled in 2014 in Upshur County, WV that was a bust. You don’t often hear about Marcellus wells that don’t produce. Because their Marcellus well is a non-producer, Mountain V wants to convert it into a wastewater injection well. The neighbors are not happy about it. The WV Dept. of Environmental Protection held a public hearing last week about the proposal. Twelve local residents spoke at the hearing–every one of them against the project. No one spoke in favor. Is that really a surprise? The comments made at the hearing referred to the potential for earthquakes and pollution of the water table. Here’s what the good (but misinformed) residents of Upshur don’t understand about injection wells: (1) There are hundreds of thousands of them across the country, and have been for decades. (2) The wastewater (brine) going down the proposed injection well first came up from the same deep sources–we’re just putting it back where it came from. (3) If the well is properly cased, and rest assured these wells are heavily regulated and regularly checked, there is no way for the wastewater to seep back up to the surface. The water was down there for millennia and didn’t make its way to the surface, so why would it now? (4) Earthquakes can happen, but only when massive amounts of fluids are injected into an existing fault, or crack, in the rock layers. Earthquakes from injection wells, at least in the northeast, are as rare as hen’s teeth. Look, in all honesty, we wouldn’t be overly thrilled with an injection well locating near us either. However, if you’re going to object, as a first step you need to get your facts straight. Here’s more about last week’s hearing and the lack of facts (and wild statements) that circulated at that meeting…
It’s been seven long years since Windfall Oil and Gas first floated a plan to drill a shale wastewater injection well near Dubois, in Brady Township (Clearfield County), PA. After all that time, the PA Dept. of Environmental Protection (DEP) finally approved the project in March of this year (see
Correction: PIOGA contacted MDN to let us know it is only brine from conventional (non-shale) wells that has been allowed to be spread on PA roadways–NOT brine from shale wells. Thanks to PIOGA for letting us know! We have tweaked the story below to reflect the change.
Last November we updated you on a lawsuit filed by a group of anti-fossil fuelers in Penn Township (Westmoreland County), PA (see
On Wednesday, Pennsylvania Commonwealth Court (an appeals court) heard oral arguments over how to prove whether contaminants in the soil have moved into groundwater. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County (see
From January 2012 to February 2015, researchers from the University of Cincinnati collected 180 groundwater samples in Eastern Ohio, from water wells located close to Utica Shale drilling activity. In early 2016, the lead researcher shared some high level results from the study. The preliminary results showed that fracking in areas where there are water wells doesn’t affect those wells (see
The U.S. Environmental Protection Agency (EPA) last week announced it has launched a study into the possibility of treating oil and gas wastewater and (gasp) releasing the cleaned-up wastewater into lakes and rivers, instead of injecting it back down holes in the ground. The EPA is seeking “input” from everyone–the industry and Big Green–to help guide their research efforts. The truth is wastewater from oil and gas wells is far less toxic than the stuff leaching out of landfills and the waste from chemical plants. But you never hear that said out loud by Big Green supporters. We’ve personally spoken with people at several companies that recycle and clean shale wastewater who say such cleanup is easy compared to cleaning up other types of wastewater. Why shouldn’t the EPA look to at least study it–and perhaps even encourage it?…
MDN previously reported on a promising brine wastewater treatment plant planned for Coudersport, PA by Epiphany Water Solutions. After JKLM Energy walked away from the project, in pretty short order the Coundersport Area Municipal Authority (CAMA) voted to revoke agreements it had with the project, which recently led us to declare the project dead (see
Those who once supported a cutting-edge technology wastewater treatment plant, proposed by Epiphany Water Solutions for Coudersport, PA, are now running away from the project as fast as they can. First was JKLM, the primary (only) customer for the project–the main reason for the project. As we told you on Monday, JKLM, which was rumored to also be the main financial backer, said they are no longer interested (see