Wastewater

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    OH Supreme Court Rejects Anti Request to Stop Wastewater Disposal

    The Ohio Dept. of Natural Resources (ODNR) is actively working on new regulations “regarding storage, recycling, treatment, processing, and disposal of brine and other waste substances.” That is, for wastewater treatment and disposal from the oil and gas industry. It’s taking the ODNR a while to hash out the new regs (they were instructed to do so back in 2014). However, in the meantime, ODNR issues special orders/permits on a case by case basis to allow wastewater treatment and disposal facilities to start up and operate. Hoping to shut down all drilling (in Ohio and other states that send wastewater to Ohio), the odious Food and Water Watch and misnamed FreshWater Accountability Project sued in the Tenth District Court of Appeals, arguing that because ODNR hasn’t released the new regs, they shouldn’t be allowed to keep issuing temporary/special permits. The Tenth District said the radical enviro groups didn’t have standing to file the case and dismissed it. On appeal to the State Supreme Court, the Supremes said the same thing. Therefore, ODNR’s authority to continue granting temporary/special permits for wastewater treatment remains in effect. Another huge loss for Food and Water Watch…
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    Seneca Indians Fighting Proposed Potter County Wastewater Facility

    Earlier this month MDN told you about a new shale wastewater treatment facility planned for Coudersport, in Potter County, PA (see Shale Wastewater Treatment Plant Planned for Potter County, PA). Epiphany Water Solutions, via a subsidiary company called Epiphany Allegheny, filed for a permit with the PA Dept. of Environmental Protection (DEP) to build a centralized water treatment facility in Coudersport back in July 2017. The DEP held a public hearing in Coudersport two weeks ago to gain local resident’s input on the facility. One of the groups objecting to the plant–a plant which produces water clean enough to drink–is the Seneca Nation (local Indian tribe). The Senecas, which live 65 miles down the Allegheny River from the proposed site, are making all sorts of wild accusations. Things like this plant will “permit poisonous contaminants” to flow down river to where the Senecas live. The Senecas, according to Epiphany, have been given “inaccurate information.” Epiphany vigorously denies the wild claims made by the Indians. What’s really kind of funny (for us) is that Epiphany and the Seneca Nation are really both on the same “green” side. As we explained in our previous article, Epiphany started life as a company with a mission to pioneer the use of solar technology to desalinate water so people in poor countries have safe drinking water. Laudable goal. However, Epiphany found they actually need to turn a profit and pay bills first. They found that their technology works equally well for the oil and gas industry. The very same technology used to desalinate/decontaminate dirty ocean water and make it drinkable can (and does) desalinate/decontaminate brine (salty water coming out of the ground long after drilling is over and done). Same tech! There is no “poisonous contaminates” in the cleaned-up water from Epiphany–but try telling that to the Senecas…
    Read More “Seneca Indians Fighting Proposed Potter County Wastewater Facility”

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    New Park Foundation “Study” Targets PA Conventional O&G Wastewater

    For years now the radical Park Park Foundation has been buying its research from a few select professors at a few select universities. One of the scientists for sale is Avner Vengosh, professor of geochemistry and water quality at Duke University’s Nicholas School of the Environment (see Duke Hit Piece on Shale Water Usage from Same Park-Sponsored Prof and Latest Case of Duke U Bought & Paid “Research” by Park Foundation). Here’s how it works: Park funds Dr. Vengosh’s “research,” and he conveniently “discovers” all sorts of nasty things about shale fracking, publishing his “research” in obscure, peer reviewed journals. Mainstream media picks it up and runs it. Readers who only scan headlines get the impression fracking is evil. Mission accomplished for Park (another hit on fracking) and for Vengosh (another buck in his pocket). That’s how it works in the world of bought-and-paid-for fractivism. We though Vengosh had reformed. In October 2016 he published a fracking wastewater study, funded by the National Science Foundation (NOT the Park Foundation) that found there’s really nothing to worry about after all when it comes to Marcellus Shale wastewater (see Duke U Researcher Tries to Repair Reputation with Wastewater Study). But Vengosh has had a relapse–perhaps he needs more money? Vengosh, with funding from the Park Foundation, has just published a new study that blames conventional (not shale) oil and gas development in Pennsylvania for an increase in radioactivity in streams/rivers where conventional (not shale) wastewater has been treated and released by local sewage treatment plants…
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    Attorney for Anti Group CELDF Fined $52K for “Bad Faith”

    Tom Linzey, the attorney who founded and runs the Community Environmental Legal Defense Fund (CELDF), has just been sanctioned by Federal Judge Susan Paradise Baxter and ordered to pay $52,000 to Pennsylvania General Energy (PGE) for his “bad faith” in continuing to press legal arguments on behalf of Grant Township (Indiana County, PA)–legal arguments that say the people of Grant have rights they actually don’t have. Linzey has continued to claim rights for the citizens of Grant that have no legal basis and have been discredited in court. Not only that, but Judge Baxter also referred the matter to the Disciplinary Board of the Pennsylvania Supreme Court with a request that they review Linzey’s actions with an eye to imposing more punishments against him. We’ve previously reported on the story of two Pennsylvania towns that were either hoodwinked, or perhaps willing led astray, by the radical CELDF into passing (now overturned) bans on fracking and injection wells in their towns–Highland Twp (Elk County) and Grant Twp (Indiana County). The two townships thought they would do an end-run around the state’s authority to issue permits for two injection wells–one in each township, by re-incorporating under so-called home rule charters. The towns essentially declared themselves independent of the state for a variety of matters, including oil and gas permits, which PA state law clearly says is a function of ONLY the state Dept. of Environmental Protection. In March, the DEP issued final permits for the injection wells AND sued each town to get those portions of their home rule charters, dealing with oil and gas, overturned (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). Both towns eventually backed down (see 2 PA Townships Won’t Enforce “Home Rule” Against Injection Wells). However, in May, Grant’s attorneys (i.e. Linzey) filed a counter-claim against PA asking Commonwealth Court to recognize a sort-of extra-judicial set of rights the town can exercise over top of, or in addition to, state laws–instead of their previous position of trying to replace state laws (see CELDF Continues to Agitate Against Indiana, PA Injection Well). The company building the injection wells, PGE, has been economically harmed by the actions of the towns and attorney Linzey, and sued to recoup costs. This decision in part satisfies that lawsuit. The judge, in very strong language, is punishing Linzey for his continued, intentional abuse of the legal system. We note she is not punishing the towns but rather Linzey…
    Read More “Attorney for Anti Group CELDF Fined $52K for “Bad Faith””

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    Shale Wastewater Treatment Plant Planned for Potter County, PA

    A new shale wastewater treatment facility that works in tandem with a local sewage treatment plant may be on the way in Coudersport (Potter County), PA. Epiphany Water Solutions, via a subsidiary company called Epiphany Allegheny, filed for a permit to build a centralized water treatment facility in Coudersport in July 2017. The initial application with the Dept. of Environmental Protection (DEP) was deemed “incomplete”–so Epiphany filed again and this time the application was complete. The DEP will hold a Jan. 16 public hearing in Coudersport to gain local resident’s input on the facility. This is not the first we’ve heard of Epiphany. They were one of four winners of the Ben Franklin Institute’s Fifth Annual Shale Gas Innovation Contest in 2016 (see 4 Winners Bag $80K at 5th Annual Shale Gas Innovation Contest). Epiphany started life as a company with a mission to pioneer the use of solar technology to desalinate water so people in poor countries have safe drinking water. Laudable goal. However, Epiphany found they actually need to turn a profit and pay bills first–and their technology works equally well for the oil and gas industry. CONSOL Energy (now CNX Resources) was an early backer and user of their technology. JKLM Energy, owned by Buffalo “Marcellus” Bill’s owner Terry Pegula and with active drilling in Potter County, needs a better way to dispose of frack wastewater. So Pegula turned to Epiphany and Epiphany is working with the Coudersport Area Municipal Authority (CAMA) to make it happen…
    Read More “Shale Wastewater Treatment Plant Planned for Potter County, PA”

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    Trumbull Residents Want Extra 60 Days to Fight 3 Injection Wells

    Last Friday MDN told you about three proposed new injection wells planned for the Town of Brookfield, in Trumbull County, OH (see 3 More Injection Wells Coming to Trumbull County, OH). Highland Field Services recently brought two new injection wells online in Brookfield, and now wants to build three more wells in close proximity to the existing two. Highland recently published notices in area newspapers eliciting public comments–a step required under law. Public comments will be accepted until Dec. 25. However, some residents in the area (and likely a number of antis) are complaining that’s not enough time. They want the Ohio Dept. of Natural Resources (ODNR) to extend the public comment period by an extra 60 days. They also want at least one public hearing (i.e. circus freak show) in order to get in front of cameras and microphones to make a scene. The update below seems to say the existing two Highland injection wells are still under construction. We believed (perhaps incorrectly) the two were already done and running. Comments by unnamed “opponents” appear to indicate they are still lobbying ODNR to prevent the two already-permitted Highland wells (now under construction) from actually going online–to say nothing of approving another three…
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    3 More Injection Wells Coming to Trumbull County, OH

    Back in June MDN shared some good news for Utica (and Marcellus) drillers: The Ohio Dept. of Natural Resources (ODNR) had approved permits for two new frack wastewater injection wells in Trumbull County, OH (see ODNR Approves Plans for 2 New Trumbull County Injection Wells). The injection wells are located in the town of Brookfield. ODNR attached a myriad of conditions and required all sorts of testing before the wells could go live but go live they did (we do not have confirmation those two wells are finished). Highland Field Services, the company that built (is building) those two wells, now wants to add another three to mix. Highland recently published notices in area newspapers eliciting public comments (required under law). Comments will be accepted until Dec. 25. Area residents are not happy about three more injection wells on top of the existing two…
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    DEP: No Contamination from 63K Gal. Inflection Energy Brine Spill

    Around 63,000 gallons of treated brine (naturally occurring, very “salty” water that comes out of a well long after it’s drilled) spilled in an accident at an Inflection Energy well pad in Eldred Township, Lycoming County, PA in mid-November (see 63K Gal. Brine Spill at Inflection Well Pad in Lycoming County). Inflection blamed a contractor and operator error for the spill, which happened after an already-full tank was overfilled. Some of the brine reached a nearby unnamed creek that flows into the Loyalsock Creek. In a followup to that story, tests done since the spill on eight private water wells close to the Inflection well pad show no contamination. Zero. We’re still waiting on test results for four other wells. The tanks holding the brine (that overflowed) have been removed from the well pad. No contamination was found in the Loyalsock or in the Susquehanna River, which the Loyalsock empties into. It’s never a good thing to have a spill like this, but the good news is that there is no lasting environmental impact from it. Here’s an update on the November spill and its cleanup…
    Read More “DEP: No Contamination from 63K Gal. Inflection Energy Brine Spill”

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    PA Supreme Court Hears Arguments in EQT Wastewater Leak Case

    Buckle up while we explain the background for this story. In October 2014, the DEP fined EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT had sued the DEP over a different matter–that is, sour grapes. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. Not long after that ruling, the Environmental Hearing Board, a special “court” set up to hear appeals of DEP decisions, decided to reduce the original $4.5 million fine down to $1.1 million (see PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M). We thought that would be the end of it. But no! Both the DEP and EQT appealed the matter back up to the PA Supreme Court and yesterday the Supremes heard the case once again…
    Read More “PA Supreme Court Hears Arguments in EQT Wastewater Leak Case”

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    63K Gal. Brine Spill at Inflection Well Pad in Lycoming County

    Approximately 63,000 gallons of treated brine (naturally occurring, very “salty” water that comes out of a well long after it’s drilled) spilled in an accident at an Inflection Energy well pad in Eldred Township, Lycoming County, PA, on Monday. Inflection blames a contractor and operator error for the spill, which happened after an already-full tank was overfilled. Some of the brine (no word on how much) reached a nearby unnamed creek that flows into the Loyalsock Creek. However, testing done on the Loyalsock shows no presence of contamination. The Loyalsock flows into the Susquehanna River, and the Susquehanna is used as a public drinking water source–hence the concern. There are no warnings to public drinking water operations along the Susquehanna because there is no problem to report. Now comes an investigation, and no doubt fines, for the accident. Here’s what we’re able to find out about the episode–an occurrence so rare it’s newsworthy when it happens…
    Read More “63K Gal. Brine Spill at Inflection Well Pad in Lycoming County”

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    CELDF Continues to Agitate Against Indiana, PA Injection Well

    We previously reported on the story of two Pennsylvania towns that were either hoodwinked, or perhaps willing led astray, by the radical Community Environmental Legal Defense Fund (CELDF) into passing (now overturned) bans on fracking and injection wells in their towns–Highland Twp (Elk County) and Grant Twp (Indiana County). The two townships thought they would do an end-run around the state’s authority to issue permits for two injection wells, one in each township, by re-incorporating under so-called home rule charters. The towns essentially declared themselves independent of the state for a variety of matters, including oil and gas permits, which the PA state constitution clearly says is a function of ONLY the state Dept. of Environmental Protection. In March, the DEP issued final permits to each town, and at the same time sued each town to get those portions of their home rule charters, dealing with oil and gas, overturned (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). The towns agreed to “stand down” and, during their lawsuits, not oppose the DEP’s permits for the injection wells (see 2 PA Townships Won’t Enforce “Home Rule” Against Injection Wells). We thought that would be the end of it. But no, it seems in Grant Township the so-called leaders of the town continue to be brainwashed by the CELDF. In May, Grant’s attorneys filed a counter-claim against PA asking Commonwealth Court to recognize a sort-of extra-judicial set of rights the town can exercise over top of, or in addition to, state laws (instead of their previous position of trying to replace state laws). Unfortunately the judge is willing to give them some rope. Here’s an update on the CELDF anarchist-backed challenge happening in Grant–a threat to our very Constitutional form of self-government…
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    Antero’s $275M WV Wastewater Recycling Facility Ready to Launch

    By our reckoning, Antero Resources’ $275 million wastewater recycling facility in Doddridge County, WV is either already operational, or will be within the next few days (sometime this week). In 2015 Antero hired Veolia Water Technologies Inc. to build a new shale wastewater recycling facility in Doddridge County (see Antero Building New 60K Bbl Wastewater Recycling Facility in WV). The facility, called the Clearwater Facility, will process 60,000 barrels of wastewater per day, separating water, salt and radioactive particles. The salt can be sold to municipalities for use as road salt–but frankly there’s not enough of a market to sell it all. And not all of it will be of sufficient quality to be sold that way. So Antero also spent $20 million to build a landfill next to the plant for the salt (see Update on Antero’s $275M Wastewater Facility in WV). According to the Clarksburg Exponent-Telegram, an Antero official recently said the Clearwater Facility is set to open in “the first part of November.” If you consider the first 15 days of the month the first part of the month, that leaves two days for the facility to be up and running. Hence our speculation it either already is open, or will be this week…
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    Antero Taps Veolia to Handle TENORM Waste at WV Water Facility

    In 2015 Antero Resources hired Veolia Water Technologies Inc. (subsidiary of France-based Veolia) to build a new shale wastewater recycling facility in Doddridge County, West Virginia (see Antero Building New 60K Bbl Wastewater Recycling Facility in WV). The new facility, which is slated to take two years to build and cost Antero $275 million, will process 60,000 barrels of wastewater per day. The facility is still under construction. The plant will separate water, salt and radioactive particles. The salt can be sold to municipalities for use as road salt–but frankly there’s not enough of a market to sell it all. And not all of it will be of sufficient quality to be sold that way. So Antero is also spending $20 million to build a landfill next to the plant (see Update on Antero’s $275M Wastewater Facility in WV). This week we also learned that Antero will spend another $70 million with Veolia–in addition to the $275M they’re paying Veolia to build the plant–paying Veolia $70M over 10 years to handle the “loading, packaging, transporting and proper disposal of water treatment sludge” the plant will produce. The sludge contains TENORM–technologically enhanced, naturally occurring radioactive materials. Veolia will ensure the TENORM sludge is carefully handled and properly disposed…
    Read More “Antero Taps Veolia to Handle TENORM Waste at WV Water Facility”

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    Fed Judge Rules for Seneca Resources in PA Injection Well Fight

    An update in the ongoing case of a proposed injection well in Highland Township (Elk County), PA. In 2013 the radical leftist group Community Environmental Legal Defense Fund (CELDF) convinced ignoramuses in Highland Township to pass a so-called Community Bill of Rights. Seneca Resources, a driller with leases and an active drilling program in Elk, had planned to drill an injection well on their own property to dispose of their own flowback and produced water. The CELDF-inspired ordinance in Highland prevented it, and Seneca threatened to sue the town (see Seneca Resources Threatens to Sue PA Town over Injection Well). Seneca made good and filed to sue, but the town and CELDF tried to block the lawsuit. Didn’t work. The lawsuit advanced. New supervisors were elected and promptly voted to overturn the so-called Community Bill of Rights (see Elk County Town Wises Up, Abandons Effort to Block Injection Well), enraging the nutters. However, last November enough locals remained fleeced to pass a so-called home rule charter which contained language making injection wells illegal. The charter was/is essentially the Community Bill of Rights under a different name and different legal structure. In an effort to extract itself from a legal hellhole of its own making, the new Highland supervisors asked a federal judge to rule in favor of Seneca Resources, but to not make Highland pay legal fees and penalties for delaying the injection well (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). Last Friday the judge did rule in favor of Seneca, gutting provisions in the home rule charter that attempt to regulate oil and gas (and its waste). It is a legal victory for Seneca Resources and their plan to drill an injection well in Elk County…
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    New Rice U Filter Cleans Frack Wastewater on Location for Reuse

    Flowback (water that comes back out of the well after fracking) and produced water (naturally occurring water from the depths that comes out the well for months and years after it’s drilled) have long been a “problem” drillers have to deal with. The choices are to: (1) haul it away to an injection well, (2) haul it to a centralized recycling facility, or (3) recycle it on location and reuse it for more drilling/fracking. That third option is really the brass ring for drillers. If only there were an economical way to recycle the water on location and reuse it. Researchers at Rice University (in Texas) believe they have made a breakthrough in option #3. Using a ceramic membrane with microscale pores, Rice researchers have found a way to clean flowback and produced water, removing 90% of hydrocarbons, bacteria and particulates in a single pass through the filter. The Rice discovery is aimed particularly at flowback–the 10-15% of fluid pumped down the hole to frack a well. Rice researchers published their research online, today, in Nature magazine’s open-access Scientific Reports. We have a copy of the paper, titled “Superhydrophilic Functionalization of Microfiltration Ceramic Membranes Enables Separation of Hydrocarbons from Frac and Produced Water,” below…
    Read More “New Rice U Filter Cleans Frack Wastewater on Location for Reuse”

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    Civil Debate in Plum, PA re Proposed Wastewater Injection Well

    As MDN reported in July, the Federal Environmental Protection Agency (EPA), the agency in charge of approving oil and gas wastewater injection wells, is currently reviewing an application and plan from Penneco Environmental Solutions (division of Penneco Oil Co.) to convert a plugged gas well into a brine (wastewater) injection well in Plum, PA–near Pittsburgh (see New Frack Wastewater Well on the Way in Allegheny County, PA). PA has just a handful of wastewater injection wells–less than 10. The most recent two such projects were vigorously opposed by the municipalities where they are located–Highland Township in Elk County, and Grant Township in Indiana County. The towns eventually backed down when they were sued by the PA DEP over their illegal actions (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). Although we expected a huge push-back in Plum, if a meeting held yesterday to debate the project is an indicator, perhaps the push-back won’t be as much as we thought. Yesterday a panel of experts–both pro and con–interacted with a crowd of around 100 people in Plum Council’s chambers. One of the people on the pro side was MDN friend Dave Spigelmyer, president of the Marcellus Shale Coalition. One of the people on the con side was Doug Shields, former Pittsburgh councilman and now paid agitator/protester for the radical Food & Water Watch. You might think there would be fireworks at such a meeting–but there wasn’t. The biggest surprise of the meeting is that there were no surprises–it was civil. No shouting. No theatrics. No loud-mouthed protesters. Such a project comes with serious questions and concerns–like earthquakes and water contamination. Those issues and more were addressed at the meeting…
    Read More “Civil Debate in Plum, PA re Proposed Wastewater Injection Well”