Wheeling Fined For Taking Frack Water
Wheeling Intelligencer
15 October 2011
By Zach Macormac, Staff Writer
WHEELING - The Consent Order and related penalties handed to the
city of Wheeling by the West Virginia Department of Environmental
Protection have been made public.
The 14-page order, issued to the city on May 9 and signed by City
Manager Robert Herron on Sept. 19, is now available for comment
until Nov. 12. On that date, the order will take effect.
The case is centered around acceptance and handling of wastewater
from Liquid Assets Disposal, located in Wheeling's industrial park
near Fulton.
As a result, the city faces $59,170 in fines - to be paid December
to May 2012 - and must comply with several performance conditions.
However, Herron said LAD pledged to pay all penalties imposed upon
the city on top of the $32,000 the city already fined the private
company. In January, the firm was fined $414,000, but Herron said
further discussion with the WVDEP allowed the fine to be reduced.
The WVDEP found the firm had previously disposed of brine water
produced in the hydraulic fracturing process related to Marcellus
Shale natural gas drilling. That water contained excess amounts of
chloride. Disposal of such water ceased after an Aug. 21, 2009,
meeting between city officials and LAD, the report indicates. The
minutes showed Wheeling admitted "that it is taking oil and gas
wastewater 'well above the (1 percent) that is allowed.'" Also,
the city "acknowledged that the LAD discharge killed (bacteria at)
the plant" and that Water Pollution Control employees had
complained about strong and offensive odors causing breathing
difficulty and light-headedness.
While the city continued to accept the brine water until August
2009, which caused the city to be served with the fine, Herron
said LAD had broken the rules of its permit - that required
staying under the 9,000-pound limit as outlined by state law -
until the city refused brine water altogether in August 2009.
Public Works Director Russell Jebbia said the city still accepts
wastewater from LAD, but has not accepted brine water since that
August 2009 meeting.
In addition to the fine, the city must propose a corrective action
plan and schedule, cease acceptance of oil and gas wastewater,
begin daily monitoring for chlorides and all pass through, update
its Pretreatment Permitting strategy and management and bring its
wastewater defoamer and ultraviolet disinfection units back to
service and continue their operation.
"Both the DEP and LAD were very cooperative with us," Herron said
of coming to a resolution on the issue.
David Hapchuk, LAD's owner, was not available for comment Friday.
Thomas Aluise, a public information officer with WVDEP, said the
agency does not comment on consent orders.
Written comments can be submitted to the Public Information
Office, 601 57th St. S.E., Charleston, WV 25304.
Comments can also be emailed to DEP.Comments@wv.gov.