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Athens County Fracking Action Network appeals K&H#3 Injection Well Permit

Athens County Fracking Action Network has appealed the recent permitting of the K&H#3 injection well, the third to be drilled on the Torch, Ohio, site owned by Jeff Harper of West Virginia. The latest Athens County radioactive frack waste injection well was permitted last month by Ohio Department of Natural Resources, under Governor John Kasich, in spite of hundreds of appeals from Athens County residents as well as local elected officials and state representatives.

According to the notice of appeal, filed on ACFAN’s behalf by attorney Rick Sahli, “The Chief’s issuance of the injection well permit for Well Number 34-009-2-3824-00-00 was unreasonable and unlawful for a number of reasons, including:

1) The Chief unlawfully and unreasonably approved the permit in light of information known to him from the two other K&H injection disposal wells located on the same tract of land as Well Number 34-009-2-3824-00-00 that the geologic strata where the wastes would be injected for disposal did not adequately confine the wastes, thereby failing to demonstrate that the well would not result in an adverse effect on human health and/or contamination to ground water protected by R.C. Chapter 1509 and the federal Safe Drinking Water Act.

2) The Chief unlawfully and unreasonably approved the permit by requiring that the injection well’s protective casing extend only to an inadequate depth of approximately half of the 4,200 foot deep borehole, thereby insufficiently confining the waste,

4) The Chief unlawfully and unreasonably approved the permit in a manner that does not protect underground sources of drinking water in violation of federal and state requirements governing the injection of oil and gas waste liquids.”  The appeal states that the permit should therefore be revoked.

This approval process clearly subverted the law and ignored democratic principles. Our safety and security are at risk from this rogue state agency and the governor, who is in charge of it, and from the real and present threat that this and other wells for injection of massive amounts of toxic and radioactive fracking waste pose to our drinking and agricultural water supplies.

Our appeal of K&H#2 is pending in Franklin County Court of Common Pleas, where ACFAN is currently fighting for Ohio citizens’ right to appeal injection well permits.

More detail on that fight: The Ohio Supreme Court has affirmed that Ohio citizens have the right to appeal an injection well permit. We are now seeking affirmation from Franklin County Court of Common Pleas of this right, countering ONDR’s claim, made in response to ACFAN’s lawsuit, that the Ohio court’s reference was to a “2nd permit.”  ODNR instigated this so-called “2nd permit” after the Ohio Supreme Court ruling and after ACFAN filed against K&H2.  This “2nd permit,” which ODNR claims is appealable, is meaningless: It is issued after construction of the well and is based only on a pressure test.   In addition, there is no provision in the statute or regulations that require public notice and an opportunity for public hearing before issuance of this so-called “2nd permit.” Nor has public notice been provided on any “2nd permit” by ODNR. In summary, the legal requirements that apply to the permit appealed by ACFAN are those in the statute that the Ohio Supreme Court has affirmed are appealable.  Moreover, ACFAN has appealed the only permit that has public notice and an opportunity for public hearing.  See acfan.org injection well page for legal documents in the K&H#2 appeal.

Coverage of our K&H#3 appeal at Akron Beacon Journal: ohio.com/blogs/drilling/ohio-utica-shale-1.291290/athens-county-group-files-appeal-on-new-injection-well-1.583344

ALSO: please contact Roxanne at 740-448-6265 or roxannegroff1227@gmail.com if you would like to attend LOBBY DAY on Tuesday, April 28. She has made appointments with Rep. Phillips and Sen. Gentile. There will be a RALLY at 1:00 (between the two appointment times) and an opportunity to network with activists from around the state. Visit

Stop Fracking Ohio lobby day & rally on facebook

for more info.

Please help us carpool 

and also have a strong showing 

at appointments and the rally.

Please let Roxanne know if you can attend.

Thanks!

 

acfan.org

Athens County Fracking Action Network

acfanohio@gmail.com

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from Ohio.com

Ohio Utica Shale

By Bob Downing Published: April 14, 2015

From the Athens County Fracking Action Network today:

ACFAN appeals K&H#3 Injection Well Permit

 

Athens, OH, April 14, 2015 –– Athens County Fracking Action Network has appealed the recent permitting of another injection well in Torch, Ohio, owned by Jeff Harper of West Virginia. The latest Athens County frack waste injection well, the K&H #3, was permitted last month by Ohio Department of Natural Resources.

 

According to the notice of appeal, “This appeal is brought pursuant to O.R.C. §1509.36 and Ohio Adm. Code §§1509-1-09 and 1509-1-11. The Chief’s issuance of the injection well permit for Well Number 34-009-2-3824-00-00 was unreasonable and unlawful for a number of reasons, including, but not limited to, the following…: 1) The Chief unlawfully and unreasonably approved the permit in light of information known to him from the two other K&H injection disposal wells located on the same tract of land as Well Number 34-009-2-3824-00-00 that the geologic strata where the wastes would be injected for disposal did not adequately confine the wastes, thereby failing to demonstrate that the well would not result in an adverse effect on human health and/or contamination to ground water protected by R.C. Chapter 1509 and the federal Safe Drinking Water Act.  2) The Chief unlawfully and unreasonably approved the permit by requiring that the injection well’s protective casing extend only to an inadequate depth of approximately half of the 4,200 foot deep borehole, thereby insufficiently confining the waste, which fails to demonstrate that the well would not result in an adverse effect on human health and/or contamination to ground water protected by R.C. Chapter 1509 and the federal Safe Drinking Water Act.  3) The Chief unlawfully and unreasonably approved the permit based upon the requirements of guidance documents and ‘standard operating procedures’ which constitute ‘rules’ under ORC Chapter 119 but which are unlawful due to the Chief’s failure to adopt them in compliance with the legally required safeguards for rulemaking under Ohio law.  4) The Chief unlawfully and unreasonably approved the permit in a manner that does not protect underground sources of drinking water in violation of federal and state requirements governing the injection of oil and gas waste liquids.”  The notice concludes with a statement of the requested remedy that the Oil and Gas Commission “find that the action of the Chief in issuing the well permit to Well Number 34-009-2-3824-00-00 was unlawful and unreasonable and that the permit should therefore be vacated and this matter remanded to the Chief for further action as required by law and for such other relief as appropriate and just.”

 

ACFAN issued the following statement about this permit: In spite of hundreds of articulate and informed voices speaking out, including those of our County Commissioners and other elected representatives, Gov. Kasich allowed his appointees at ODNR to approve the third K&H Partners’ toxic radioactive frackwaste injection well in Athens County. This approval process subverted the law and ignored democratic principles. Our safety and security are at risk from this rogue state agency and the governor, who is in charge of it and from the real and present threat this and other wells for injection of massive amounts of toxic and radioactive fracking waste pose to our drinking and agricultural water supply.

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