Motion Asks State to stop OKing Permits

Morgantown Dominion Post
27 Marck 2011
By Tracy Eddy

Morgantown City Council may consider a resolution asking for a statewide moratorium on Marcellus shale well permits until the state legislature comes up with regulations to manage the drilling.

Council will discuss the proposed resolution — drafted by Deputy Mayor Don Spencer — at its Tuesday Committee of the Whole meeting. The meeting is 7 p.m. at city hall.

No official action is taken at Committee of the Whole meetings. City Council could vote on the resolution during its April 5 meeting, Spencer said. If it is approved, copies will be sent to the state Department of Environmental Protection secretary and the governor’s office.

DEP Spokeswoman Kathy Cosco said the department doesn’t think it necessary to stop issuing permits.

Spencer said the proposed resolution is not asking the DEP to permanently stop issuing permits for Marcellus shale wells, but is stressing that it must be done according to certain standards.

Marcellus shale natural gas drilling involves horizontal drilling thousands of feet below the surface. The rock formation is then fractured to release the gas.

The process utilizes a large quantity of water and chemicals.

The proposed resolution encourages the governor to call a special session of the legislature to address Marcellus shale drilling issues.

It asks that permits not be issued until the Legislature meets to come up with regulations to manage the Marcellus shale drilling and gives the DEP the funding to hire additional inspectors.

Spencer said right now, the DEP doesn’t have the inspectors to provide an adequate amount of surveillance for “this exploding industry.”

“They’re issuing permits and there’s no one minding the public interest,” he said.

Cosco said comparing the number of existing wells in the state — about 59,000 — to the number of inspectors the department has — currently, about 15 — doesn’t really give an accurate picture.

The department has 17 inspector positions, she said, but two are vacant right now.

Cosco said various types of wells — natural gas, oil, coal bed methane, and underground injection — are all included in the 59,000.

And an active well doesn’t require the level of inspection and attention that a well currently being drilled does, she said.

Cosco said there are only 40 drilling rigs in the state now, so only 40 wells are being drilled at one time. That means those 15 inspectors need to devote the most time and attention to 40 wells, she said — though other wells just require site visits and checkups.

Cosco said the DEP issued permits for about 900 Marcellus Shale wells between 2009 and today.

In 2009 and 2010, the department issued about 400 permits for Marcellus shale wells, she said, and only 60 have been reported as completed.

Spencer said the public interest — which includes water quality, air quality and general health — has to be protected from potential mismanagement of a Marcellus shale well.

Lewisburg City Council approved a resolution — similar to what Spencer is proposing in Morgantown — at its March 15 meeting, Mayor John Manchester said.

“The resolution was to try and spur action,” he said. “And show our concern because the current regulations don’t, in our view, adequately protect our public.”

Lewisburg provides more than 4,700 people with water, Manchester said, and it needs to be able to provide the amount and quality of water those people need.

Two bills to regulate Marcellus Shale drilling were merged in the recently concluded session of the state Legislature, but died on the session’s final day.

Delegate Barbara Evans Fleischauer, D-Monongalia, previously said she hopes the Legislature can have a special session to address Marcellus shale drilling regulations.

Roughly two dozen legislators, including Fleischauer, signed a letter sent to acting Gov. Earl Ray Tomblin, asking him to order the DEP to stop issuing permits for drilling until the special session.

Fleischauer said it would be great to have additional support, if Morgantown ends up passing its resolution.

“It could help create the ground swell we need to get a special session,” she said.



Council’s proposed resolution on Marcellus drilling

RESOLUTION FOR THE ESTABLISHMENT OF A STATE MORATORIUM ON ISSUANCE OF ADDITIONAL PERMITS FOR HORIZONTAL DRILLING IN MARCELLUS SHALE UNTIL ADEQUATE STATE REGULATIONS ARE PROMULGATED TO PROTECT THE DRINKING WATER SUPPLIES, PUBLIC HEALTH, AND PUBLIC SAFETY.

Whereas, the mile deep drilling for natural gas in the Marcellus Shale utilizes horizontal drilling and hydraulic fracturing techniques which involve the use of millions of gallons of fresh water for each frac job, and the transport, storage and use of hazardous chemicals, and the production of drill tailings and waste water which contain heavy metals and naturally occurring radioactive materials, and

Whereas, the harmful large and sometimes untimely withdrawals of water from streams, the mismanagement of the construction of cement drilling casings, and the mismanagement of spills and disposal of large quantities of used brine chemical solutions can pose serious damage to drinking water supplies, public health, and public safety as well as to fish, livestock, wildlife and other living organisms, and

Whereas, the present State regulations for governing the management of Marcellus Shale and other lower formations are inadequate to protect water resources throughout the State including the Monongahela River watershed, and

Whereas, state regulations do not adequately protect the sources of water for public water supply from contaminations by chemicals used in drilling and fracking and from total dissolved solids (TDS) which cannot be filtered by municipal water and sewer treatment systems, and

Whereas, in its 2011 regular session, the State Legislature did not support additional funding for the State Department of Environmental Protection to increase its number of inspectors to safely and adequately monitor development of 900 permitted Marcellus Shale wells as well as to manage the existing 59,000 operating oil and gas wells and the approximately 20,000 abandoned oil an gas wells in the State, and

Whereas, in its 2011 regular session, the State Legislature did not complete its work to safely and effectively establish guidelines for the protection of State water resources, air quality, nor roadways in the development of Marcellus Shale, and

Whereas, the City Council of Morgantown wishes to join with 23 or more Delegates and other cities to halt per mits being issued to drill in the Marcellus Shale and to encourage the Governor to call a special session of the State Legislature to address these issues in a timely manner:

Now, Therefore, Be It Resolved, the City Council of Morgantown urges the State Department of Environmental Protection to use its emergency authority to temporarily freeze the issuance of drilling permits until comprehensive legislation and inspection resources for horizontal well drilling are established to effectively protect public water resources, public health and public safety.

Adopted this fifth day of April, 2009.

Mayor, City of Morgantown
Attest: City Clerk