"County Gas Wells Produce 21.9 Billion Cubic Feet"... and DEP Violations, too!

On the front page of the March 12, 2014 edition of the Sullivan Review, there was published a very impressive article by John A. Shoemaker, Esq., called "County Gas Wells Produce 21.9 Billion Cubic Feet". Any one who is not paying very close attention to what is going on with gas drilling in Sullivan County would think this is simply wonderful, all is well, and the royalty checks are just rolling in mentioning that royalties in the amount of $6,839,919 have been distributed during that period. These figures are based on data published by the PA/DEP based on reports submitted by the operators every six months.  

It's important to note that the author of the article [John A. Shoemaker, Esq.] is an attorney with Greevy and Associates specializing in oil and gas law and estate planning. He is a member of the National Association of Royalty Owners.

I have no issues with what was stated in the article. I do however, have issues with what the article does not state. I would go as far as to say that any incidents, citizen complaints, withholding of royalty payments, pre/post production cost deductions from royalty payments, production drop-offs, DEP violations, industrial accidents, etc., rarely - if ever - find their way into the Sullivan Review. 

Therefore, in the interest of fairness, I have decided to share the relevant information that the public needs to be aware of regarding gas drilling in Sullivan County that for some reason doesn't make it into the local press  - but should.

 

This is a true photocopy of the article as it appeared in the Sullivan Review. 

 

 

Below is a list of DEP violations for all gas wells and operators in Sullivan County. Currently, there are 241 wells permitted, located on 76 well sites with 84 wells drilled or in the process of being developed.

There are also over one hundred violations reported. Some are minor violations dealing with signage and improper posting, but 87 are serious environmental violations that potentially threaten the water quality of Sullivan County, our wildlife, and the health of our ecosystems. I have chosen to only list the more serious violations on the attachment. [well casing failures, toxic spills, leaks, failure to adequately protect our environment, etc.]

 

When you consider the number of wells permitted, the number of wells drilled, compared to the number of serious violations that have already been documented, there is serious cause for concern for the residents and businesses of Sullivan County where the local economy is based on tourism, agriculture, and forestry.  241 wells permitted, 84 wells drilled with only 31 in production, and already 87 serious environmental violations, well... you do the math and multiply the impact. And, this is not taking into consideration the massive infrastructure of pipelines, compressor stations, and metering stations, that would be necessary to move this unconventional gas to markets, and the negative impact they will have on tourism, the environment, the ecology, the aesthetic beauty, and the way of life for Sullivan County.        

Chesapeake, Chief, and EXCO Well Violations in Sullivan County, PA

Well Name YONKIN UNIT 2H

3 serious violations reported

Violation Id: 638183
Violation Date: 04/19/12
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.

Violation Id: 638184
Violation Date: 04/19/12
Violation Code: 402CSL
- Failure to adopt pollution prevention measures required or prescribed by DEP by handling materials that create a danger of pollution.

Violation Id: 638185
Violation Date: 04/19/12
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.


CASTROGIOVANNI UNIT 1
7 violations reported

Violation Id: 599341

Violation Date: 11/15/10 Violation Code:102.4 - Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls. - Failure to stabilize site until total site restoration under OGA Sec 206(c)(d) Violation Id: 599684 Violation Date: 11/18/10 Violation Code: 102.4 - Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls. - Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 599685
Violation Date: 11/18/10
Violation Code: 401 CSL
- Discharge of pollultional material to waters of Commonwealth.

Violation Id: 605673
Violation Date: 3/1/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 605674
Violation Date: 3/1/11
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.

Violation Id: 605675
Violation Date: 3/1/11
Violation Code: 402POTNLPOLL
- There is a potential for polluting substance(s) reaching Waters of the Commonwealth and may require a permit.

Violation Id: 610727
Violation Date: 5/9/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)


Well Name: MCCARTY UNIT 1
3 serious violations reported

Violation Id: 608791
Violation Date: 4/13/11
Violation Code: 401 CSL
- Discharge of pollultional material to waters of Commonwealth.

Violation Id: 681680
Violation Date: 10/29/13
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
*DEP COMMENT: Flowback iron appears to have leaked at joint, got under liner, accumulated and spread over an area some 50' x 75' in the northeastern quadrant of the pad.

Violation Id: 681681
Violation Date: 10/29/13
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.


HEMLOCK HUNTING CLUB UNIT 1H
8 violations reported - listing 6 as serious

Violation Id: 599693
Violation Date: 11/18/10
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 599694
Violation Date: 11/18/10
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.

Violation Id: 599695
Violation Date: 11/18/10
Violation Code: 102.4HQBMP
- Failure to implement Special Protection BMPs for HQ or EV stream.

Violation Id: 605644
Violation Date: 3/1/11
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.

Violation Id: 605645
Violation Date: 3/1/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 633381
Violation Date: 2/28/12
Violation Code: 78.86
- Failure to report defective, insufficient, or improperly cemented casing w/in 24 hrs or submit plan to correct w/in 30 days


SIGNORE UNIT 1
13 violations - listing 10 as serious violations

Violation Id: 599688
Violation Date: 11/18/10
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.

Violation Id: 605617
Violation Date: 3/1/11
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.

Violation Id:605618
Violation Date: 3/1/11
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.

Violation Id: 608808
Violation Date: 4/13/11
Violation Code: 78.66A
- Failure to report release of substance threatening or causing pollution

Violation Id: 608809
Violation Date: 4/13/11
Violation Code: 402CSL
- Failure to adopt pollution prevention measures required or prescribed by DEP by handling materials that create a danger of pollution.

Violation Id: 608811
Violation Date: 4/13/11
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.

Violation Id: 609422
Violation Date: 4/18/11
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.

Violation Id: 609423
Violation Date: 4/18/11
Violation Code: 78.56(1)
- Pit and tanks not constructed with sufficient capacity to contain pollutional substances.

Violation Id: 609424
Violation Date: 4/18/11
Violation Code: CSL402POTPOL
- There is a potential for polluting substance(s) reaching Waters of the Commonwealth and may require a permit

Violation Id: 610730
Violation Date: 5/9/30
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls. Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)
*DEP COMMENT: Eroded fill slope caused sediment discharge outside LOD and failed E/S controls.

Well Name: KUZIAK UNIT 1H

1 serious violation
Violation Id: 618861
Violation Date: 8/19/11
Violation Code: 78.56(1)
- Pit and tanks not constructed with sufficient capacity to contain pollutional substances.

Well Name: CHERRYMILLS SE SUL 1H

Violation Id: 655058
Violation Date: 12/04/12
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.
*DEP COMMENT: Rock below culvert discharge out of keeping with native material.

Violation Id: 655059
Violation Date: 12/04/12
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.
*DEP COMMENT: Plan calls for culvert outlet protection to be depressed and choked with native stream bed material. Outlet protection not depressed, no native stream material.

Violation Id: 666155
Violation Date: 04/13/13
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
- 2 barrels of synthetic drilling mud where spilled. Some got off containment.

Well Name: CONNELL SUL 2H

3 serious violations reported

Violation Id: 619685
Violation Date: 09/06/11
Violation Code: 102.22
- Failure to achieve permanent stabilization of earth disturbance activity.
*DEP COMMENT: Slopes were not stabilized within 4 days of cessation of earth disturbance activites. Particularly western slope back of the pad.

Violation Id: 619689
Violation Date: 09/06/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)
- Slopes were hydroseeded at the same time. Heavy rain washed out the slopes.

Violation Id: 619690
Violation Date: 09/06/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)
- Slopes were hydroseeded at the same time. Heavy rain washed out the slopes.

Well Name: ROUNDTOP 2H

6 serious violations reported

Violation Id: 653540
Violation Date: 11/13/12
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
- High conductivity fluid on pad adjacent to NE side of Baker tank, approx 50' from cut slope

Violation Id: 653541
Violation Date: 11/13/12
Violation Code: 91.33A
- Failure to notify DEP of pollution incident. No phone call made forthwith

Violation Id: 653542
Violation Date: 11/13/12
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.

Violation Id: 653540
Violation Date: 11/13/12
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth. Violation Comment: High conductivity fluid on pad adjacent to NE side of Baker tank, approx 50\' from cut slope

Violation Id: 653541
Violation Date: 11/13/12
Violation Code: 91.33A
- Failure to notify DEP of pollution incident. No phone call made forthwith


Violation Id: 653542
Violation Date: 11/13/12
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.
*The penalty for this event was combined with other penalties assigned to the same enforcement ID for CHESAPEAKE APPALACHIA LLC. The total enforcement penalty was $ 35,862.00

Total Fine Collected: $ 11.00

Well Name: BENSPOND 5H

1 serious violation reported

Violation Id: 610708
Violation Date: 05/04/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)
- Silt fence not installed correctly

Well Name: MATT 2H

Violation Id: 600039
Violation Date: 10/18/10
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 600040
Violation Date: 10/18/10
Violation Code: 102.11
- Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.

Violation Id: 601738
Violation Date: 12/17/10
Violation Code: 102.4HQBMP
- Failure to implement Special Protection BMPs for HQ or EV stream.

Violation Id: 660069
Violation Date: 11/13/12
Violation Code: 78.86
- Failure to report defective, insufficient, or improperly cemented casing w/in 24 hrs or submit plan to correct w/in 30 days
*Violation Unresolved - Notice of Violation Issued Feb. 8, 2013.

Well Name: NORTON 5H

Violation Id: 605709
Violation Date: 03/01/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Well Name: RAIN 5H

Violation Id: 600042
Violation Date: 10/18/10
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 600043
Violation Date: 10/18/10
Violation Code: 401 CSL
- Discharge of pollutional material to waters of Commonwealth.

Well Name: TALL MAPLES 4H

Violation Id: 599314
Violation Date: 11/15/10
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

　

Violation Id: 602026
Violation Date: 12/27/10
Violation Code: 102.4HQBMP
- Failure to implement Special Protection BMPs for HQ or EV stream.

Well Name: HOTTENSTEIN 5H

Violation Id: 597656
Violation Date: 10/20/10
Violation Code: 301UNPMTIW
- Industrial waste was discharged without permit.

Violation Id: 597657
Violation Date: 10/20/10
Violation Code: 402POTNLPOLL
- There is a potential for polluting substance(s) reaching Waters of the Commonwealth and may require a permit.

Well Name: JOANCLARK 1H

Violation Id: 600363
Violation Date: 11/29/10
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 600364
Violation Date: 11/29/10
Violation Code: 102.4HQBMP
- Failure to implement Special Protection BMPs for HQ or EV stream.

Violation Id: 628404
Violation Date: 11/21/11
Violation Code: 78.57C2
- Failure to construct properly plug, frac, brine pits Violation Comment: On the side of the wells near the fill slope high conductivity puddles occur.
**Sample analysis 2371 165 shows that this is production water on the pad approximately 1 month after fracking was completed.

Violation Date: 11/21/11
Violation Code: 91.33A
- Failure to notify DEP of pollution incident.
-No phone call made forthwith
Violation Comment: - DEP was not notified about this spill.

　

Violation Id: 628412
Violation Date: 11/21/11
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.

Violation Id: 628408
Violation Date: 12/21/11
Violation Code: 78.57C2
- Failure to construct properly plug, frac, brine pits
*Violation Comment: This follows from previous 11/21/11 inspection (2021896). High conductivity puddle was vacced up but conductivity still high on side of wells near fill slope.

Violation Id: 690264
Violation Date: 03/05/14
Violation Code: OGA 3211(M)
- Failure to obtain an approved water management plan for withdrawing or using water during the drilling or hydraulic fracture stimulation of an unconventional well.
*Violation Comment: Use of an unauthorized source (Troy Borough)

Well Name: JOANCLARK 2H

Violation Id: 690265
Violation Date: 03/05/14
Violation Code: OGA 3211(M)
- Failure to obtain an approved water management plan for withdrawing or using water during the drilling or hydraulic fracture stimulation of an unconventional well.

Well Name: JOANCLARK 5H

Violation Id: 690266
Violation Date: 03/05/14
Violation Code: OGA 3211(M)
- Failure to obtain an approved water management plan for withdrawing or using water during the drilling or hydraulic fracture stimulation of an unconventional well.
*Violation Comment: Use of an unauthorized source (Troy Borough)

Well Name: LAMBERT FARMS 2H

Violation Id: 599516
Violation Date: 11/12/10
Violation Code: 691.1
- Clean Streams Law-General. Used only when a specific CLS code cannot be used


　Well Name: M & M ESTATES 5H

Violation Id: 616081
Violation Date: 07/21/11
Violation Code: 402CSL
- Failure to adopt pollution prevention measures required or prescribed by DEP by handling materials that create a danger of pollution.

Violation Id: 616083
Violation Date: 07/21/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Well Name: QUAIL N SUL 3H

Violation Id: 683413
Violation Date: 11/15/13
Violation Code: 78.73B
- Excessive casing seat pressure Violation Comment:
*Violations of: 78.73(b), 78.81(a)(2), 78.85(a)(5)

Well Name: VERA 2H

Violation Id: 681807
Violation Date: 09/20/13
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.

Well Name: VERA S 6H

Violation Id: 690257
Violation Date: 03/05/14
Violation Code: OGA 3211(M)
- Failure to obtain an approved water management plan for withdrawing or using water during the drilling or hydraulic fracture stimulation of an unconventional well.
*Violation Comment: Use of an unauthorized source (Troy Borough)


EXCO RESOURCES, LLC WELLS
8 violations reported - 6 serious violations listed

Well Name: WISTAR SHAFFER TRACTS UNIT 1H

Violation Id: 600442
Violation Date: 11/30/10
Violation Code: 102.4HQBMP
- Failure to implement Special Protection BMPs for HQ or EV stream.

Violation Id: 600444
Violation Date: 11/30/10
Violation Code: 401 CSL
- Discharge of pollutional material to waters of Commonwealth.

Violation Id: 628994
Violation Date: 01/09/12
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.
*Violation Comment: 7 Baker tanks full of high conductivity fluid located to side of access road, not on pad. Location: 41, 20\', 44.1, 76, 38\', 01.2 .
This constitutes an un-permitted transfer station. the site was referred to the Department\'s Waste Management Program.

Violation Id: 634179
Violation Date: 03/13/12
Violation Code: 78.86
- Failure to report defective, insufficient, or improperly cemented casing w/in 24 hrs or submit plan to correct w/in 30 days

　

Violation Id: 631401
Violation Date: 02/06/12
Violation Code: 102.4INADPLN
- E&S Plan not adequate
The penalty for this event was combined with other penalties assigned to the same enforcement ID for EXCO RESOURCES PA LLC. The total enforcemant penalty was $ 25,000.00
Total Fine Collected: $2.00

Well Name: ELK RUN HUNTING CLUB PAD 1 9H

4 serious violations reported

Violation Id: 657718
Violation Date: 01/14/13
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
*Violation Comment: Rig is staged on uncompleted impoundment pad at front of the location. Pollutional substances on the ground and in puddles, mainly on the south side and SW quadrant

Violation Id: 657719
Violation Date: 01/14/13
Violation Code: 91.33A
- Failure to notify DEP of pollution incident. No phone call made forthwith
*Violation Comment: Pollutional substances on impoundment site. DEP not notified.

　

Violation Id: 657720
Violation Date: 01/14/13
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.
*Violation Comment: Pollutional substances on the unfinished impoundment location. No sign of any attempts to clean up until after the problem was brought to the operator\'s attention.

Violation Id: 657721
Violation Date: 01/14/13
Violation Code: 402CSL
- Failure to adopt pollution prevention measures required or prescribed by DEP by handling materials that create a danger of pollution.
*Violation Comment: Pollutional substances on the pad have the potential to infiltrate to groundwater or move off the pad with surface water.

Well Name: HOUSEKNECHT UNIT 1H

7 violations reported

Violation Id: 619721
Violation Date: 09/06/11
Violation Code: 102.4
- Failure to minimize accelerated erosion, implement E&S plan, maintain E&S controls.
- Failure to stabilize site until total site restoration under OGA Sec 206(c)(d)

Violation Id: 634065

Violation Date: 03/06/12
Violation Code: 78.54
- Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
*Violation Comment: high conductivity puddles at entrance to pad. Tracked out by site traffic?

Violation Id: 634066
Violation Date: 03/06/12
Violation Code: SWMA301
- Failure to properly store, transport, process or dispose of a residual waste.

Violation Id: 633789
Violation Date: 03/08/12
Violation Code: ACT214GEN
- Coal & Gas Resources Coordination Act 214 - General
*Violation Comment: Citing 78.72(c) - BOP contols w/ in 50\' of wellhead.

Violation Id: 634427

Violation Date: 03/15/12
Violation Code: 6018.610-2
- Person or municipality operates a facility without a permit.
*Violation Comment: Fluids transferred to this location, stored, then transferred to another location (Falk)

Violation Id: 634428
Violation Date: 03/15/12
Violation Code: 6018.301
- Residual Waste is mismanaged.
*Violation Comment: Entrance to pad has not been adequately addressed (silica frac sand and mud associated with high conductivity puddles)

Violation Id: 634429
Violation Date: 03/15/12
Violation Code: 78.57
- Failure to post pit approval number
*Violation Comment: control, storage, disposal of production fluids- mud associated with previously documented high conductivity puddles is still on pad.

Well Name: MARQUARDT UNIT 1H

5 violations reported - 2 serious violations listed + I incident pending

Violation Id: 604869
Violation Date: 02/15/11
Violation Code: 78.56(1)
- Pit and tanks not constructed with sufficient capacity to contain pollutional substances.

Violation Id: 607074
Violation Date: 03/16/11
Violation Code: 78.56(1)
- Pit and tanks not constructed with sufficient capacity to contain pollutional substances.

Pending violation:
03/04/14 Type: Incident-
Response to Accident or Event Category: Description: (Pending Comment) Blow-out/Spill reported 2/27/14. Several barrels of approximately 23,000 gallons flowback blew out of flare stack.