Commission Should Require Pre-Drilling Tests for Water

This is the very reason that I am not voting for Tomblin.

My guess would be existing infrastructure is already in those places but I assure you it will spread everywhere people allow it to spread.

Here are my suggestions for our Commission to formally send to the Legislature and DEP on the impending regulations which must be more than window dressing for an oil and gas free for all:

Gentlemen:

Please accept these comments on proposed rules and legislation to regulate horizontal gas drilling in the Marcellus shale.

The Pocahontas County Commission is gravely concern about the impacts to our pristine environment and rural culture from the impending possibility of hydrofracture drilling in the Marcellus shale underlying our borders. As well, we, as a governing body, do not want our local rights on this very local issue usurped or diminished by State government. The Commission views the present proposed rules as grossly inadequate and failing to speak to our county's unique needs.

First, we challenge the notion that our authority as a County Commission to enact our own protective rules as to public nuisance and protection of public health and safety under our general police powers are diminished by any actions, or lack thereof, that may occur by legislation or state administrative rule.

We make the following suggestions as to the proposed legislation and rules:

1. Notice and full information of any permits must be given to the County Clerk and County Commission when both first solicited and, thereafter, awarded.

1. All permits must made be subject to timely comment and review by the County Commission and public prior to award. The State Department of Environmental Protection shall be charged to comment and opine on all County concerns in each and every application for permit prior to awarding a permit.

1. Water testing shall be made by the State DEP of the area encompassed by the drilling pool and surrounding acreage equal to twice the area of the drilling pool. The testing shall be done and taxed as part of the costs for the solicited permit and the results shall be promulgated to the County and kept in a State registry created for this purpose.

1. Liability for water contamination from hydrofracture drilling operations shall have no period of limitations and lawful actions may be commenced at any time after discovery of damage and judgment for same shall be met with sufficient bonding posted and kept in force in the amount of $5,000,000.00 for each and every well drilled.

1. Nothing in the propose legislative shall be considered to diminish or usurp the County Commission's right and duty to ameliorate or otherwise protect the health and safety of the community or protect against public nuisance.

1. No water may be withdrawn from any water source, well or stream within the borders of the county under any hydrofracture drilling permit without review first by the County Commission, the DEP and subject to public comment. Water withdrawal shall be depend on public needs and use considerations. No withdrawal may be made which endangers water resource levels or environmental concerns consequent upon water levels. Also, any recreational use of water shall also be considered before any water withdrawals are allowed.

1. Water testing shall be conducted by the DEP at each and every drilling site during every phase of drilling and the results monitored by the DEP and published to the County Commission. At any stage in which contamination is revealed, drilling shall immediately ceased.

1. Any county road or bridge used to haul water for hydrofracture drilling shall be monitored by the DOH for weight and safety violations.

1. No well shall be placed within view of any State Park within the County nor be allowed within one mile of any incorporated municipality.

1. Air quality monitoring shall be conducted at each drilling site and logged and reported to the County Commission. Any results which exceed health quality and safety parameters shall result in cessation of drilling operations until corrected.

1. Water used in hydrofracture may not be disposed of or treated in the County of Pocahontas. Stored water used in hydrofracture and tailings from drilling shall be monitored by the DEP until safely removed and disposed.

1. Radiation levels of radon gas shall be monitored and reported. Any levels exceeding health quality and safety concerns shall result in cessation of drilling operations until corrected.

1. Noise levels of drilling operations will be maintained within parameters which protect public health and which are not levels or duration to be considered as a public nuisance.

1. We view the proposed fines and crimes associated with willful violation of the proposed rules as woefully inadequate and as an invitation to violate the law.

1. We view any attempt at "forced pooling" as a violation of personal and property rights.

The County Commission views the gold rush fever to drill as the most grave danger to the county since its formation. The dangers and impacts associated with drilling, if permitted to manifest, can not be retrieved successfully by fines or damage awards. Our rural and envious culture and valuable water can not be sacrificed on an old altar erected in Charleston to the forlorn history of extraction of resources at the expense
of lives and communities.

I understand that current regulations allow drilling within 250 feet of an existing water well. Does anyone think that is sufficient???

1,000 feet would be the bare minimum

I strongly concur with the suggestions, with emphasis on water testing before, during, and after drilling, at costs to the driller, along with a sufficient bond for the inevitable damages.

I checked with "Downstream Strategies" about the costs of testing my water well to establish a baseline prior to Marcellus drilling imminent in this area. Here is the email response:

"Thanks for being in touch. We have tested many wells in West Virginia for people concerned about imminent Marcellus drilling, in order to establish baseline water conditions. The cost depends on exactly what we test for, and also on whether we can monitor many nearby wells on the same day. If so, then the extra travel costs can be shared across the neighbors.
We recommend testing for: acidity, alkalinity, aluminum, arsenic, barium, benzene, bromide, calcium, chloride, ethylbenzene, hardness, iron, lead, manganese, methane, pH, sodium, strontium, sulfate, surfactants, toluene, total dissolved solids, total petroleum hydrocarbons-diesel range organics, total petroleum hydrocarbons-gas range organics, total petroleum hydrocarbons-oil range organics, and xylene.
Our price would include what we pay to a certified lab ($400-$450 per sample to test for all those parameters), plus our labor and expenses. I would be happy to work out a budget for you (and your neighbors if they’re interested) once I learn more about how many wells would be tested on the same day.
You can also have a look at our water monitoring brochure. This lays out three water monitoring options, but you’ll probably do better with a custom budget.
Perhaps we can talk on the phone later this week? You can feel free to try me on the office phone below, or we can schedule a time to talk."

The company's brochure states the average cost to test a water supply ranges from $1,000 for a basic test to $3,000 for a comprehensive test.

It's doubtful that many can afford or desire to pay such costs on their own. And given this, does anyone wonder why the gas companies have us over a barrell on this???

This type of cost is the reason why the drillers/gas companies should be required by law to bear baseline water testing costs up front as part of their cost of doing business here.

The question there is, "Are the parameters tested for the same?" or does the "official 'in Charleston' gas and oil water test," include

We recommend testing for: acidity, alkalinity, aluminum, arsenic, barium, benzene, bromide, calcium, chloride, ethylbenzene, hardness, iron, lead, manganese, methane, pH, sodium, strontium, sulfate, surfactants, toluene, total dissolved solids, total petroleum hydrocarbons-diesel range organics, total petroleum hydrocarbons-gas range organics, total petroleum hydrocarbons-oil range organics, and xylene.
Our price would include what we pay to a certified lab ($400-$450 per sample to test for all those parameters).

It is what you don't have data on, that comes back to bite you.

PS Does the devil wear suits like the two guys on the front pages of the Charleston Gazette in the last couple of days?