Answers Few in Fraccing Fluid Spill

Clarksburg, WV Exponent-Telegram
23 October 2009
by Billy Wolfe, Staff Writer

SMITHBURG — Nearly two months after a large fraccing fluid spill was discovered in a Doddridge County stream, state environmental inspectors still say they don’t know what caused the contamination.

Colorado resident Louanne Fatora discovered the spill in Buckeye Run while visiting her family home Aug. 24.

Fatora said she was taking her son to college in Ohio, where he had just been accepted at the Oberlin Music Conservatory.

The two decided to spend the night at the property. Fatora said she wanted to catch up with some old friends and her son wanted to go fishing in the creek, which runs right behind the house.

But soon after he headed down to the creek with his fishing pole, Fatora’s son came back to the house and said to his mother, “Something is wrong with the water.”

It isn’t easy for her to talk about the incident. The self-described “tree hugger” has to fight back tears when she describes the scene she and her son discovered.

“We were blown away by what we saw,” she said.

The water Fatora had played in as a child had been turned bright red. A skin of “orange gel” about 2-3 inches thick was floating on top of the water and clinging to rocks, trees and the creek bank.

The smell of fuel was thick in the air, and everything the substance had touched was stained red.

They found ducks on the riverbank that were unable to fly because their wings had been soaked in oily residue. Fatora saw no fish in the area, but found dead muskrats floating outside their dens. She doesn’t know for sure if the muskrats had been killed by the contaminant, but suspects it played a role.

She supplied photographs of the dead and injured animals to The Exponent Telegram.

She said the property, which has been in her family name for five generations, holds a sacred place in her heart.

Every Sunday, groups of people would come to Buckeye Creek to be baptized. Fatora and her sister would hide behind the barn and watch the baptisms. She fondly recalls exploring the creek banks with her sister in search of arrowheads.

Her grandfather also owned a mill in the area, and the iron posts from the structure are still visible today.

The Cleanup

Fatora called the state Department of Environmental Protection the next day to report the incident.

The DEP since has issued a notice of violation to West Union-based Tapo Energy, which operates a fracking pond about a mile up the road.

The notice states that Tapo allowed “pollutants, or the effluent therefrom, produced by or emanating from any point source, to flow into the water of this state.”

The company was ordered to “abate” the violation, and Fatora said that a clean-up crew was quickly dispatched to the area. The crew vacuumed more than 2,500 gallons of the orange gel from the water and also helped install containment booms in the water to absorb the pollutant.

The company was not fined for the incident and DEP inspectors have said that, while they don’t know how the spill occurred, they also have no evidence that contaminants were released intentionally.

Fatora remains skeptical of the DEP’s findings.

“If they don’t even know what happened, then how can they say for sure it was an accident?” she said.

In fact, the DEP won’t even say what exactly was spilled in Buckeye Creek.

When reached for comment, DEP Oil and Gas Chief James Martin said the spill likely contained frack fluids, and “whatever else was in the drilling pit — frack fluids or other fluids used in the process.”

Martin said DEP inspectors found no evidence that any animals had been harmed as a result of the spill.

He remains unsure as to the cause of the spill.

“The last time we talked to them (Tapo), they weren’t sure how the spill occurred. At that time, they were focusing more on getting it cleaned up,” he said.

An internal memo written by DEP inspector David Scranage commends Tapo for its efforts to clean up the site.

The frack pond sits just a few feet from the creek. Recent photos show that landscaping work was recently conducted with bulldozers around the edges of the pond.

There is no law in West Virginia restricting how close a frack pond may be built to a surface water supply.

Test Results

Fatora set out on a fact-finding mission after the incident, and contacted the Surface Owners Rights Association and the Sierra Club for advice. She also paid Morgantown-based Downstream Strategies to conduct further water quality testing.

The tests found some troubling results.

Although there is no state standard for sodium, the concentration of sodium was shown to be 13 times higher than water samples taken upstream from the contamination source. Total dissolved solids were found to be at 914 parts per million. Some standards consider more than 500 parts per million a problem.

Chloride levels, while still considered acceptable, went up by a factor of 15.

The tests were conducted in September, said Downstream Strategies President Evan Hansen.

Hansen said he has not been to the property in recent weeks, but said Tapo had a lot of work ahead of it when Downstream Strategies paid its last visit.

“I cannot speak to what has happened since. But certainly when we were there, it had not been fully abated,” he said.

“The question to me is, what is the DEP going to do about this?”

The notice of violation gave Tapo until Sept. 16 to restore the stream to “pre-spill conditions.”

Martin said he is awaiting the most recent round of test results before he determines if the area has been sufficiently cleaned.

Two Months Later

The Exponent Telegram recently paid a visit to the property. While most of the orange contaminant is now gone from the area, isolated pools remain in pockets along the embankment.

No fish or any other aquatic wildlife was observed in the area. A metallic smell still lingers in places.

Water levels in Buckeye were quite low, with the deepest portions appearing to be no more than a foot deep.

Containment booms still stretch across the creek in several places. Felled and uprooted trees litter the creek banks. Yellow caution tape still hangs near the entrance to the family home.

Fatora said she feels lied to about the incident, and is still waiting for answers.

Buckeye Creek is a tributary of Middle Island Creek, which supplies the town of West Union with drinking water, and eventually leads into the Ohio River.

Staff writer Billy Wolfe can be reached at (304) 626-1404 or by e-mail at bwolfe@exponent-telegram.com