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Fracking, Earthquakes, Water, & Local Government Control:  Youngstown, OH, Niles, Ohio Area Concerned Citizens Seek to Affirm Local Self-Governance Rights to Protect Their Public Health, Safety, General Welfare, Property Values, & Rights

12/27/2013

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Fracking, Earthquakes, Water, and Local Government Control:  Youngstown, Ohio and Niles, Ohio Area Concerned Citizens Seek to Affirm Local Self-Governance Rights to Protect Their Public Health, Safety, General Welfare, Property Values, and Private Property Rights
For Immediate Release:  December 27, 2013
Community Bill of Rights Committee                           News Release  
Youngstown, Ohio, December 27, 2013 
–  The Youngstown, Ohio Community Bill of Rights Committee said they would be back,  and they already are.
       Members of the committee and other local supporters of the Youngstown Community Bill of Rights Charter Amendment, which opposes fracking and upholds citizens’ fundamental right to local self governance and control, are going door to door in Youngstown with petitions seeking voter signatures to place a Community Bill of Rights Charter Amendment question on the Youngstown ballot in May, 2014. They have launched a new website at: http://www.protectyoungstown.org/     
 
      The group says the public is warmly welcoming them. The committee is very pleased that Niles, Ohio concerned citizens are also now collecting signatures for their similar petition effort that seeks to place a ballot question on the Niles ballot in May, 2014.  Niles concerned citizens launched a new website describing their effort to uphold their local rights and to ban fracking within Niles city limits at: www.keepnilessafe.org     

      According to Susie Beiersdorfer, geologist and Youngstown Community Bill of Rights (CBR) Committee member,          “We now have a powerful base of almost 5000 Youngstown voters that could easily sway an election or ballot question. We will win this time because the truth resonates. We needed only 6 percent more YES votes to win on the ballot question in Youngstown on November, 2013. The gap is closing in our favor, and we soundly gained ground in November.  In the November, 2013 election, the opposition spent an exorbitant amount of money compared to what we spent.  In addition to the money, they also spent countless hours to oppose us, and we still gained ground. We are extremely happy about that. It shows the strength and truth of our position.”     

     The Youngstown grassroots, concerned citizens group says that despite massive spending by industry and pro-fracking allies to try to defeat them, the Community Bill of Rights Charter Amendment ballot question picked up 1830 more YES votes in their favor since the May 2013 election (May: 2912 YES votes; November: 4742 YES votes) and narrowed the margin from 13.71% to only 9.72 %.  More Youngstown voters supported the proposed Community Bill of Rights Charter Amendment in November than in May 2013.       

     “Our analysis of the election results is that as Youngstown voters are becoming more fully informed about fracking and local control issues, voters are turning against fracking, and are demanding local control over how they want their community to be – which is the citizens’ fundamental right.  We say the closing gap, which was 13.71 % in the May 2013 election and now is only 9.72%, is evidence of this growing sentiment,” said Lynn Anderson, a Youngstown Community Bill of Rights (CBR) Committee member.            

      Lynn Anderson also emphasizes that the margin is closing in the CBR committee's favor and that the committee soundly gained ground in November even though the CBR group spent only about half as much money as they did in their CBR May, 2013 campaign.  Lynn Anderson also says, "Youngstown citizens can visit the Mahoning County Board of Elections campaign finance website at http://www.voterfind.tzo.org/mahoningoh/webcfs/cfsearch.aspx  .   Type in Plumbers and add the final tally from the two 30-B-2 forms (October and December 2013) and see that the opposition spent over $81,000 against this ballot initiative. It is disgraceful that the opposition hired out of state ad agencies to formulate direct mail to confuse the issue in the public’s mind.”               

     The Youngstown Community Bill of Rights Committee says elections cannot be bought in America – even if the laws allow an unequal financial playing field. The group believes that, in general, it is un-American and immoral for outsiders to try to influence a local ballot question result by injecting massive amounts of advertising or lobbying money that greatly outspends the grassroots community. The public knows that is unfair. They see right through it.       
     The CBR group says that they are raising awareness of citizens’ and their official representatives’ local fundamental right and duty to protect the public health, safety, and general welfare of their communities. It is the 2004 Ohio state law, H.B. 278, that claims it can take away citizens’ local rights, that is unconstitutional. That state law is a bad law. The Community Bill of Rights Charter Amendment upholds American laws and values, and all citizens’ unalienable, natural, fundamental rights.       

     The group says that nearly every day – either in Ohio or in other states - another serious fracking related accident, evacuation, civil rights or human rights violation, or other event occurs that validates to the public that what the group has been saying is the truth.       

     For example, on December 19, 2013, the Pennsylvania Supreme Court issued an enormously significant court decision ruling that major parts of Pennsylvania’s shale drilling-related law, Act 13, were unconstitutional. The group believes that Act 13 is similar to the Ohio state drilling-related law, H.B. 278, which claims it can deprive local communities of certain fundamental rights.       

     The group believes that the outcome favoring local control in the  Pennsylvania Act 13 case is a preview of what is to come to Ohio’s similar law that erroneously says it can trump citizens’ civil, fundamental, and human rights to determine how they want their community to be and to protect their community’s health, safety, and welfare.  That Ohio law, they feel, will go the same way as the one in Pennsylvania – it will be ruled unconstitutional.          

     Please see “Pennsylvania Supreme Court declares portions of shale-drilling law unconstitutional,” a Pittsburgh Post-Gazette article by Don Hopey, December 20, 2013, at: http://www.post-gazette.com/local/2013/12/19/Pennsylvania-Supreme-Court-declares-portions-of-shale-drilling-law-unconstitutional/stories/201312190254       
     The group bases their information upon valid scientific reports, facts, and other accurate documentation. They say that politics, industry lobbying, and bureaucratic incompetence cannot be put above good science and the well-being of the community. The serious risks and adverse outcomes related to fracking and related processes are real. The public health, safety, and well-being must come first. The group says that to put profits over people is immoral and harmful to communities.       

Especially alarming to the Community Bill of Rights Committee and its supporters is that, locally or nationwide, heavy industrial fracking-related operations or infrastructure continue to be permitted near homes, children’s schools, farms, parks, forests, and cemeteries – in neighborhoods and residential areas.  Private property issues, such as forced pooling, occur. Real estate home property values can decrease as heavy fracking-related industrial operations are permitted near homes or residential areas.       

    The group is concerned about the plight and adverse health claims of those residents living near a heavy industrial fracking operation permitted by the state of Ohio in nearby Weathersfield Township.  Please see the following astonishing video that shows gas flaring and concerns of residents living near the fracking operation:
“Westwood Lake Nightmare” (published June 23, 2013)
http://www.youtube.com/watch?v=8UEfXg9km5Q         

     The CBR Committee and supporters say that we, as a community, can learn a lot from other states’ experiences with fracking and related issues, including recent multiple earthquakes in Oklahoma and Texas. According to a KXAN – TV news report, North Texas had approximately twenty earthquakes in one month.  Please see KXAN news report titled, “20th earthquake in month reported in North Texas Latest happened about 20 miles NW of Fort Worth,” December 3, 2013, (includes new video and article) at: http://ww
w.kxan.com/news/20th-earthquake-in-month-reported-in-north-texas
      

     Some scientists feel that the latter earthquakes, and others, may be associated with deep fracking waste injection wells, like the one that caused the now-famous 4.0 magnitude earthquake in Youngstown, Ohio on December 31, 2011.  Scientists have linked Youngstown’s earthquakes to the D&L Northstar 1 injection well.      

     Group members say that the bottom line is that unconventional fracking continually creates millions of gallons of toxic fracking waste that has to go somewhere. There is no good, safe solution to this problem. Where will it all go?  Unfortunately, much of the waste currently goes to Ohio. Ohio is not a toxic fracking waste dumping ground. Ohioans are not expendable. No one anywhere is expendable.      

     In Ohio, an increasing number of toxic fracking waste injection wells are being permitted, built, or operated, such as the one in Weathersfield Township, Ohio, where local officials wisely oppose them. See “City of Niles sides with Weathersfield, opposes brine injection well plans,” WFMJ.com, updated August 31, 2012 at:
http://www.wfmj.com/story/19351516/niles-sides-weathersfield-opposes-brine-injection-well-plans
      

     Even though local officials and some residents opposed the injection wells, the state of Ohio permitted one in their community anyway.  An injection well is now being built in Weathersfield Township. 

      The increasing number of permits issued by the Ohio Department of Natural Resources (ODNR) for yet more injection wells is despite the fact that Youngstown has already had at least 109 earthquakes, including the 4.0 magnitude earthquake on December 31, 2011 that scientists acknowledge was linked to the Youngstown D&L Northstar 1 injection well.      

     Furthermore, the group says, earthquakes cannot be regulated. It is reckless and irresponsible for anyone to pretend that earthquakes that could result from injection of fracking waste into deep injection wells can be regulated or kept small in magnitude.  Ohio is not the only state where local officials and residents have serious concerns and legitimate grievances about toxic fracking waste injection wells.       

     According to the Mayor of Azle, Texas, speaking of the almost 20 earthquakes in one month, as reported in Climate Progress, December 6, 2013: “’If it is determined that quakes are caused by the disposal wells, then the disposal wells need to stop. It’s that simple,’ the city of Azle’s Mayor Alan Brundrett said."        

     The latter quote and embedded link is from an article by Katie Valentine titled, “Researchers Link Earthquakes in Texas To Fracking Process,” at:
http://thinkprogress.org/climate/2013/12/06/3029951/texas-fracking-earthquakes/
      
“It is especially disconcerting that residents in Prague, Oklahoma experienced a 5.6 magnitude earthquake that reputable scientists think may possibly be linked to deep disposal well injection of toxic fracking waste. An earthquake of this magnitude can cause human injury and collapsed buildings – especially in areas where earthquakes are not common and infrastructure is not reinforced to safeguard against earthquake damage. We already had 109 earthquakes in Youngstown, Ohio, including the 4.0 on December 31, 2011.  Human beings cannot regulate earthquakes to make sure that they stay small. This is especially true because the two faults under Youngstown have been destabilized. This is an irreversible effect of the D&L Northstar 1 injection-induced seismicity. We must stop injection wells now to help to prevent a possible 5.6 or greater magnitude quake, as well as smaller tremors,” said Dr. Ray Beiersdorfer, Professor of Geology at Youngstown State University.       

      Group members say that continuing on the path we are on regarding earthquakes and injection wells makes no common sense. The potential impact of frequent earthquakes, even smaller, under 3.0 magnitude quakes possibly linked to injection wells in any state, should not be minimized. This increased number of earthquakes is not normal.  We, as a society, should not and cannot become desensitized to this situation. The views of some people, whose incomes depend upon giving false reassurances to the public about the possible implications of the earthquakes, should be held to intense scrutiny, increased scientific inquiry, and open, public transparency. More media coverage would go a long way in raising general public awareness of these issues and would be a real community service.       
      It’s time for clear-thinking adults to intervene to legally stop this irrational quest by industry and a few others for a quick way to make money, while the majority of society suffers the costs. Those costs include financial, health- related, and costs to our democratic process. The public health, well-being, safety, drinking water, air, and fundamental rights must be the first consideration.       

     It has become extremely obvious that something needs to be done now about the increase in injection well-linked earthquakes that, alarmingly, are becoming more and more commonplace, according to reputable scientists and researchers. In fact, two United States Representatives, Representative Peter DeFazio and Representative Henry Waxman,  are wisely calling for hearings on the man-made earthquakes.  Their efforts to raise national awareness of the earthquake/injection well problem should be commended and supported locally and nationwide.

        According to The Oklahoman, Representative Peter DeFazio and Representative Henry Waxman said:  “… the two panels should hold a joint hearing to study the increase of seismic activity in areas that had previously been inactive and ‘the potential regulatory gaps in current law that put people and property at risk from man-made earthquakes.’”      

       The latter quote is from: “Democrats want hearing on whether earthquakes are linked to fracking: Citing research on Oklahoma earthquakes, two Democrats call on Republican committee leaders to look into unusual seismic activity,” by Chris Casteel, December 19, 2013, The Oklahoman:
http://newsok.com/democrats-want-hearing-on-whether-earthquakes-are-linked-to-fracking/article/3915820
     

      For an increasing number of reasons, including a shocking lack of public transparency on the part of ODNR, many members of the public have lost confidence in the ability of the state bureaucracy, the Ohio Department of Natural Resources (ODNR), to competently protect the public health, safety, general well-being and private property rights of Ohioans.

       One reason for the loss of public confidence in ODNR is that football-field sized, open, toxic fracking waste centralized impoundment pits, or “lagoons,” which were reportedly banned in Ohio, have recently been permitted and are scheduled to make their appearance in Ohio by January 1, 2014.       

     See “Ohio will soon authorize fracking wastewater pools Football field-sized ponds to recycle waste,” by Jamison Cocklin, The Vindicator, October 6, 2013, at:
http://www.vindy.com/news/2013/oct/06/oil-and-gas-drilling-ohio-set-to-ok-pits/


       These pits are still going forward despite apparent problems with impoundments in other states. To Frackfree Mahoning Valley’s knowledge, no one at ODNR fully adequately notified nor informed the general public of this plan – although they are supposed to be accountable to the public.  Nevertheless, plans for the football-sized fracking waste “lagoons” are still in place to proceed. This is unacceptable. The public has a right to be fully informed beforehand – not after the fact - and to have a legal say about issues that can directly impact or involve risks to their public health, safety, or general well-being. See the Frackfree Mahoning Valley press release dated October 14, 2013, at:
http://frackfreemahoning.blogspot.com/2013/10/frackfree-mahoning-valley-calls-for.html       

       The group stresses that the oil and gas industry is not the only business in this area. The oil and gas industry does not deserve special treatment or law exemptions over all other businesses or human beings. We must be aware of possible adverse economic effects of heavy industrialization via fracking upon property values, upon the $43 billion per year Ohio tourist industry, and also upon agriculture, farming, and real estate businesses.       

     We must remain open to healthy family living in our communities, freedom to quiet enjoyment of private property rights, and healthy, ethical, and responsible businesses.   (According to a Vindicator AP article, tourism is the fourth-largest industry in Ohio “supporting 443,000 jobs” and $43 billion annually: See “Ohio House panel discusses attracting tourists,” September 10, 2013), AP: 
http://www.vindy.com/news/2013/sep/10/ohio-house-panel-discusses-attracting-tourists/?nw

       For media inquiries or more information, or to volunteer to help take petitions door to door to get voter signatures in Youngstown or Niles, please contact the petition committees via Frackfree Mahoning Valley at: 
234-201-0402   or  e-mail:  [email protected]

For more information please see the following links:    

People living near heavy industrial fracking operations talk about their experience: 
  “Westwood Lake Nightmare” (published June 23, 2013); Trumbull County, Ohio.
http://www.youtube.com/watch?v=8UEfXg9km5Q
 

“Fracking hell: what it’s really like to live next to a shale gas well,” by Suzanne Goldenberg, The Guardian , article and video, December 13, 2013:   
http://www.theguardian.com/environment/2013/dec/14/fracking-hell-live-next-shale-gas-well-texas-us  

More regarding Westwood Lake Park and fracking, etc. “Faith motivates Catholics to speak out on gas, oil drilling practices,” by Dennis Sadowski, Catholic News Service, posted December 12, 2013, Catholic Courier at: http://www.catholiccourier.com/in-depth/previous-topics/debate-over-fracking/faith-motivates-catholics-to-speak-out-on-gas-oil-drilling-practices/  

Earthquakes and fracking waste injection wells: 
(The Two - Year Anniversary of the Youngstown, Ohio Injection Well 4.0 magnitude Earthquake is December 31, 2013.)   “Experts Eye Oil and Gas Industry as Quakes Shake Oklahoma,” by Henry Fountain, The New York Times, December 12, 2013, [Youngstown, Ohio is in a caption in the video that goes along with this article.]: 
http://www.nytimes.com/2013/12/13/science/earth/as-quakes-shake-oklahoma-scientists-eye-oil-and-gas-industry.html?pagewanted=all  

“Induced seismicity associated with fluid injection into a deep well in Youngstown, Ohio,” by Won-Young Kim, Journal of Geophysical Research: Solid Earth, Volume 118, Issue 7, July 2013, Wiley Online Library: http://onlinelibrary.wiley.com/doi/10.1002/jgrb.50247/abstract  

[Athens, Ohio]  “After earthquake, city council sides with county on halting use of injection wells,” December 3, 2013, by Cassie Kelly, The Post, at:
http://thepost.ohiou.edu/content/after-earthquake-city-council-sides-county-halting-use-injection-wells 

  “Distant Earthquakes Trigger Tremors at U.S. Waste-Injection Sites, Says Study,” ScienceDaily, July 11, 2013:    http://www.sciencedaily.com/releases/2013/07/130711142401.htm  

“Oil Addiction, Not Fracking, Caused the 2011 Oklahoma Earthquakes,” by David Biello, March 27, 2013, Scientific American Blogs, [Youngstown 4.0 mag. earthquake mentioned in video with article] http://blogs.scientificamerican.com/observations/2013/03/27/oil-addiction-not-fracking-caused-the-2011-oklahoma-earthquakes/    

  “…’There’s something important about getting unexpectedly large earthquakes out of small systems that we have discovered here,’ he said. The observations mean that ‘the risk of humans inducing large earthquakes from even small injection activities is probably higher’ than previously thought, he said.” [Excerpt from:] “Wastewater Injection Spurred Biggest Earthquake Yet, Says Study March 26, 2013  2011 Oklahoma Temblor Came Amid Increased Manmade Seismicity,” Lamont-Doherty Earth Observatory, Columbia University, Earth Institute at:  http://www.ldeo.columbia.edu/news-events/wastewater-injection-spurred-biggest-earthquake-yet-says-study

  “In Oklahoma, water, fracking – and a swarm of quakes,” by Carey Gillam, November 19, 2013, Reuters at:  http://www.reuters.com/article/2013/11/19/us-usa-earthquakes-fracking-oklahoma-idUSBRE9AI12W20131119   

“Mineral Wells quake follows another temblor near Azle,” by Barry Shlachter, December 9, 2013, Star-Telegram; [includes list of some area earthquakes:]
http://www.star-telegram.com/2013/12/08/5402450/ice-storm-cant-put-the-freeze.html   

“Residents in Azle told CBS 11 News that they are concerned about the rising number of earthquakes rocking the area.” [Excerpt from:] “Earthquake Strikes North Texas Saturday Night,” CBSDFW.com, December 15, 2013, http://dfw.cbslocal.com/2013/12/15/earthquake-strikes-north-texas-saturday-night/?utm_source=web&utm_medium=twitter  

“Officials with the Ohio Department of Natural Resources would not go on camera for this report, but they responded to questions about the issue.” [Excerpt from:]  “Ohio dumping ground for fracking waste?” November 8, 2013, WKBN-TV 27 First News: http://www.wkbn.com/news/local/ohio-dumping-ground-for-fracking-waste  

“Since oil and gas drillers are exempt from key provisions of federal hazardous waste law, they are also exempt from the earthquake prevention rules when they inject wastewater from hydraulic fracturing.”        [Excerpt from:] “Earthquakes: Drilling waste wells exempt from earthquake testing rules,” by Mike Soraghan, E & E Publishing, LLC., March 22, 2012: http://www.eenews.net/stories/1059961795 

“A commission spokeswoman said inspectors visited one of the disposal wells in the area and found it in compliance with agency rules. But agency rules don't address earthquakes.” [Excerpt from:] “Earthquakes: Texas agency doubtful as it investigates link to drilling-waste injection,” by Mike Soraghan, E & E Publishing, LLC., December 18, 2013: http://www.eenews.net/stories/1059992009 

“Yet another earthquake, the 30th since November 1, rattles Azle Monday morning,” by Robert Wilonsky, The Scoop Blog, Dallasnews, December 23, 2013: http://thescoopblog.dallasnews.com/2013/12/yet-another-quake-the-30th-since-nov-1-rattles-azle-monday-morning.html/ 

“Along with the cracks, the nail heads appear to be popping out of the sheet rock, and Kim believes the quakes feel stronger upstairs, hence the cracks in the walls.” [Excerpt from:] “More earthquakes hit near Azle,” updated December 23, 2013, by James Rose, KDFW Fox 4, [Includes news video and article]: http://www.myfoxdfw.com/story/24285588/33-earthquake-hits-azle-again 

“Continued Shaking Has Texans Considering Earthquake Insurance,” December 23, 2013, by Bud Gillett, CBS 11 News, http://dfw.cbslocal.com/2013/12/23/continued-shaking-has-texans-considering-earthquake-insurance/#.UrnAR4zb7kI.twitter 

“Scientific American’s Top 10 Science Stories of 2013,” by The Editors, December 19, 2013, Scientific American [see Number 7: “Confirmed: Fracking and Related Operations Cause Earthquakes,”] http://www.scientificamerican.com/article.cfm?id=top-10-science-stories-2013&page=5     

“Fracking firm Cuadrilla pulls out of Lancashire ‘quake’ site,” BBC News Lancashire, December 17, 2013: http://www.bbc.co.uk/news/uk-england-lancashire-25415187      

See election results here:  Mahoning County Board of Elections:  http://vote.mahoningcountyoh.gov/ November, 2013 election results:  http://vote.mahoningcountyoh.gov/election-information-results/local-election-results/ See May 7 election results here:  http://vote.mahoningcountyoh.gov/wp-content/uploads/2012/09/13p-official.pdf  

Additional Important Information:
[Video with English subtitles:]
“Pope Francis unmissable interview by film director Fernando E. Solanas, Cinesur, SA, YouTube, “Published on Dec 13, 2013
Multi award winning film director and argentinian senator Fernando E. Solanas made this amazing interview where Pope Francis talks about environment contamination unemployment and culture. Please help us. Sign in www.argentinasinfracking.org “  at:
 https://www.youtube.com/watch?v=WAX4mrhw0zw
Pope Francis interview video In Spanish without subtitles, “Imperdible entrevista al Papa Francisco por Pino Solanas,” Cinesur SA, “published on November 27, 2013,   is at:  https://www.youtube.com/watch?v=k1DyLbmOBSU 

“Debate over fracking,” “…series of stories from Catholic News Service …” Catholic Courier, posted December 11, 2013, Updated: December 18, 2013 at: http://www.catholiccourier.com/in-depth/previous-topics/debate-over-fracking/    

“Straight talk – Pennsylvanians speak out to Governor Corbett about fra …” Delaware Riverkeeper Network: YoTube video, January 9, 2013: http://www.youtube.com/watch?v=7VhDXNEEVCs  

[The Texas Tribune] “Fort Worth Sues Driller, Citing Millions in Lost Royalties,” by Jim Malewitz, published December 21, 2013, The New York Times http://www.nytimes.com/2013/12/22/us/fort-worth-sues-driller-citing-millions-in-lost-royalties.html?smid=fb-share&_r=3&    

For media inquiries or more information, or to volunteer to help the local efforts, please contact the group via Frackfree Mahoning Valley at:  234-201-0402  
or  e-mail:  [email protected]  
                                                          
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Drinking Water Threat Leads to Request to Ohio Governor to Revoke CNX’s Drilling Permit #34099231840000

2/25/2013

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John Kasich, Governor / James Zehringer, Director of ODNR / Mike De Wine, Attorney General State of Ohio
Riffe Center
30th Floor
77 S. High St.
Columbus, Ohio 43215-6117

Governor Kasich, Mr. Zehringer, Mr. DeWine:

The Ohio Department of Natural Resources has recently granted CNX Gas Co., LLC a permit to drill a hydrofracking well in Mahoning County, known as the Cadle Well, MAHN-7, on Blott Road, in Jackson Twp. This
well lies within the protected Meander River watershed which is the source of drinking water for Youngstown,
Niles and numerous other communities within Mahoning and Trumbull Counties.
The undersigned organizations and residents of Mahoning County strenuously object to this permit due to CNX
Gas Co. LLC’s horrid record of environmental violations related to its hydrofracking activities in the State of
Pennsylvania. These violations include the following:

Violation Details - Source: Pennsylvania Department of Environmental Protection.
CNX Gas Co., LLC (since Jan. 2009) UPDATE: CNX Gas Co., LLC's Department of Environmental
Protection in Pennsylvania's record: Grand Total of  Inspections: 76; Inspections With Violations: 76; Violations: 148; Enforcements: 82; Wells Inspected: 61.  Inspections from 1/1/2008 to 3/3/2013

Apr 21st, 2008: Code: 201F - Failure to notify DEP, landowner, political subdivision, or coal owner 24 hrs prior
to commencement of drilling
Feb 5th, 2010: Code: 78.56PITCNST - Impoundment not structurally sound, impermeable, 3rd party protected,
greater than 20’’ of seasonal high ground water table
Jun 23rd, 2009: Code: 402POTNLPOLL - There is a potential for polluting substance(s) reaching Waters of the
Commonwealth and may require a permit.
Jan 19th, 2010: Code: 401CAUSEPOLL - Polluting substance(s) allowed to discharge into Waters of the Commonwealth.
Jan 14th, 2010: Code: 78.56FRBRD - Failure to maintain 2’ freeboard in an impoundment by handling materials that create a danger of pollution.
Dec 9th, 2010: Code: 78.54 - Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
Dec 9th, 2010: Code: 78.56PITCNST - Impoundment not structurally sound, impermeable, 3rd party protected,
greater than 20’’ of seasonal high ground water table
Jan 9th, 2012: Code: 401CSL - Discharge of pollultional material to waters of Commonwealth.
Jan 9th, 2012: Code: 78.54 - Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
Nov 16th, 2011: Code: 78.54 - Failure to properly control or dispose of industrial or residual waste to prevent
pollution of the waters of the Commonwealth.
Nov 16th, 2011: Code: 402CSL - Failure to adopt pollution prevention measures required or prescribed by DEP
by handling materials that create a danger of pollution.
Jul 5th, 2011: Code: 301CSL - Stream discharge of IW, includes drill cuttings, oil, brine and/or silt
Jul 5th, 2011: Code: 78.54 - Failure to properly control or dispose of industrial or residual waste to prevent pollution
of the waters of the Commonwealth.
Nov 30th, -0001: Code: 212CMPLRPT - Failure to submit completion report within 30 days of completion of well
Oct 27th, 2011: Code: 78.83GRNDWTR - Improper casing to protect fresh groundwater
Apr 6th, 2012: Code: 401CLS - Discharge of pollultional material to waters of Commonwealth.
Apr 6th, 2012: Code: 78.54 - Failure to properly control or dispose of industrial or residual waste to prevent pollution  of the waters of the Commonwealth.
Apr 6th, 2012: Code: 401CLS - Discharge of pollultional material to waters of Commonwealth.
Mar 12th, 2012: Code: 102.4NOPLAN - No E&S plan developed, plan not on site
Mar 12th, 2012: Code: 102.11 - Failure to design, implement or maintain BMPs to minimize the potential for accelerated erosion and sedimentation.
Mar 12th, 2012: Code: 102.4NOPLAN - No E&S plan developed, plan not on site
Jan 25th, 2012: Code: SWMA301 - Failure to properly store, transport, process or dispose of a residual waste.
Jan 25th, 2012: Code: 78.54 - Failure to properly control or dispose of industrial or residual waste to prevent pollution of the waters of the Commonwealth.
Nov 30th, -0001: Code: 401CSL - Discharge of pollultional material to waters of Commonwealth.
(The agency releases well data semi-annually, so the records in the application represent wells in the system from
January 1, 2012 to June 30, 2012. Gas production totals and days represent activity during that period. The application also reflects violations reported from Jan. 1, 2009 to June 30, 2012 on any wells that were active during the first half of this year.)

We expect you as governor and the state agencies you oversee to provide leadership in protecting the well-being
of Ohio’s communities and citizens from the irresponsible and potentially deadly practices of companies like
CNX. You can demonstrate your leadership in this instance and concern for all Ohio citizens by directing ODNR
to revoke CNX’s drilling permit.

Sincerely,
concerned citizens of Mahoning County, Ohio

# # #

Read more about the Cadle - MAHN7AHSU well (located in drinking water source protection area for the MVSD [Mahoning Valley Sanitary District] ): http://frackfreemahoning.blogspot.com/2012/09/mahoning-fracking-rig-drive-through.html Longitude 41.074312 , Latitude - 80.882643

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Public Ejected From Injection Well Non-Hearing At Athens, Ohio, ODNR Open House

11/29/2012

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Picture

photo credit: Appalachia Resist! and Athens County Fracking Action Network
Contacts: ACFAN,  AR!: 740 591 2693


FOR IMMEDIATE RELEASE:
November 28, 2012.
To: News Media
From: Appalachia Resist! and Athens County Fracking Action Network
Contacts: ACFAN,  AR!:  740 591 2693
Re: ODNR INVITES PUBLIC IN, THEN KICKS THEM OUT


ORIGINAL POSTED HERE: http://www.acfan.org/2012/odnr-invites-the-public-in-kicks-them-out/ Includes more images.
Tonight, soon after the ODNR invited the public into an "open house" about  injection wells , they thought better of it and ordered the public to leave.

Though over 100 community members requested a public hearing about a newly permitted well, the ODNR had instead opted for an “open house” format, designed to diffuse agency accountability and community solidarity. The event was held 6 PM Wednesday night at the ODNR headquarters on East State Street.

More than fifty residents were crowded inside the ODNR headquarters on East State Street, when they took matters into their own hands and transformed the ODNR'S planned "open house" into the public hearing they had requested.  The crowd was made up of concerned landowners, farmers, business owners, and mothers with young children.  Ex-county commissioner Roxanne Groff hosted the impromptu event.  She began by acknowledging Rick Simmers, Chief of the Division of Oil and Gas Resource Management, and moved on to take prepared public comments from the assembled crowd.  ODNR personnel were visibly at a loss.  Law enforcement quickly interrupted Groff, asking her to leave, at which point Groff asked the public if they would like her to continue.  The room broke into enthusiastic applause.  After law enforcement again ordered residents to leave, the crowd broke into a “mic check", chanting as they left the building "The ODNR has been bought by the oil and gas industry!" "No new permits!" "When is the public hearing?"  When the public left, the room was nearly empty, except for ODNR personnel and the large law enforcement presence they had invited.

After the public was ordered out, they were met outside by over 100 Athens County residents who had marched down east State Street to ODNR headquarters to voice their objection to the ODNR’s continuing disregard of the widespread community concern about Class II injection wells.

The marchers carried placards emblazoned with skulls and held a banner that read "Shut it Down! No New Wells!" and signs with slogans such as “Our Safety is Not for Sale”, "Defend Our Water", "We Demand a Public a Hearing", and "I Want my Concerns on Record" ".  Marchers wore hazmat style suits and respirators to draw attention to the fact that Class II injection wells accept massive amounts of radioactive fracking waste from out-of-state.

Community objection to injection wells has been increasing lately, as landowners have realized that they do not have any say if an injection well goes into operation on or near their property.  Ms. Malvena Frost, who owns the property on which the Atha injection well is proposed in Rome Township, Athens County, does not want an injection well on her land.  She “fears her only source of drinking water, a private well...will be contaminated," according to public comments submitted on her behalf to ODNR by her attorney, Mike Hollingsworth.

SB315, cited by some as a law that will increase regulations on injection wells, actually makes it easier for ODNR to bypass public notice period for new wells, and makes it more difficult for landowners to appeal permits.

A public hearing, the ODNR’s standard system for public redress, allows citizen comments to be entered into the legal record, so that citizens can challenge an agency decision through the court system. An “open house” offers no such substantial participation in public process.

Underscoring how opposed they were to receiving public input, ODNR designated an outdoor, “free speech zone” for the ralliers, and forbade the public from bringing in signs, banners, backpacks, or audio or videocameras.  One citizen was ordered to leave after recording officials' comments.  Ralliers brought their own solar-powered sound system, stage, and roster of speakers. "We will challenge these intolerable restrictions on our constitutional rights to freedom of speech and assembly," said Smiles Welch, the emcee of the event.

Speakers at the event raised many objections to injection wells, including a history of failed wells and water contamination.  The ODNR claims that there have been no cases of water contamination by Class II injection wells in Ohio for decades, yet they do no testing of groundwater or surface water near the wells.  "The reason they have not found contamination is that they have never looked for it," stated Grace Hall, one of the 100 who sent in objections.

Although the fracking waste that is dumped into injection wells is hazardous, it is not legally classified as such due to exemptions given to the oil and gas industry.

Nov 28, 2012, 2 minute video by Don E Wirtshafter. " The Ohio Department of Natural Resources tried to abridge citizen rights to a hearing before granting a permit for a new toxic waste injection well in their community. Instead, they hosted a "public meeting", a dog a pony show that had no legal impact. This is the community's reaction."
LINK to original if player does not load: http://www.youtube.com/watch?feature=player_embedded&v=ZEnMzjK69-k

Appalachia Resist! and Athens County Fracking Action Network
photo from: Appalachia Resist! and Athens County Fracking Action Network
Contacts: ACFAN,  AR!: 740 591 2693

Other media coverage:

The Columbus Dispatch, November 29, 2012. Columbus, Ohio.
http://www.dispatch.com/content/stories/local/2012/11/29/fracking-dispute-gets-hotter.html

NBC4i.com, November 29, 2012. Columbus, Ohio.
http://www2.nbc4i.com/news/2012/nov/29/landowner-does-not-want-pending-injection-well-her-ar-1257615/

The Athens News, November 28, 2012. Athens, Ohio.
http://www.athensnews.com/ohio/article-38515-odnr-shuts-down-attempt-at-impromptu-public-hearing-on-injection-well.html?utm_source=contactology&utm_medium=email&utm_campaign=TheAthenseNEWS%3ATOPNEWS+11%2F29%2F12

2 Previous Protests, June 26, August 15, October 3, 2012:
http://www.facebook.com/photo.php?fbid=506640166022449&set=pb.205575299462272.-2207520000.1354214128&&src=http%3A%2F%2Fsphotos-b.xx.fbcdn.net%2Fhphotos-snc6%2F175513_506640166022449_1097389779_o.jpg&smallsrc=http%3A%2F%2Fsphotos-b.xx.fbcdn.net%2Fhphotos-prn1%2F522165_506640166022449_1097389779_n.jpg&size=1800%2C662
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Fracking Dialogue at Northeast Ohio Townhall, Youngstown, Safeguards  Public Health with Accurate Transparent Solutions: Continuing Series

10/30/2012

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PLEASE SHARE WITH NEIGHBORS, COUNCIL MEMBERS, TRUSTEES, ELECTED  and CITY OFFICIALS, PARK COMMISSIONERS, COUNTY COMMISSIONERS, HEALTH PROFESSIONALS, ETC. Thank you!

UPDATE! UPDATE! Second in the series is being held Dec. 6, 2012.

Dec. 6 Speaker: Ed Hashbarger, Jr.
Forced Pooling, Unitization (ORC 1509.28), Mandatory Pooling (1509.27), & Eminent Domain
Ed, a conservative Republican veteran, retired law enforcement officer,
landowner & former radio host, will speak of personal experiences w/ gas industry.
Ed also had a role in the Promised Land film!

Frackfree Mahoning Valley                         News Release

www.frackfreemahoning.blogspot.com/
_____________________________________________________

For Immediate Release: October 29, 2012

Contact: Susie Beiersdorfer: Phone: 234-201-0402   or E-mail: [email protected]
Share Event on Facebook at: http://www.facebook.com/events/444842725551072
______________________________________________________

FRACKING, EARTHQUAKES, INJECTION WELLS, AND CONTAMINATION RISKS TO DRINKING WATER, AIR, AND SOIL TO BE DISCUSSED AT A FRACKFREE MAHONING VALLEY PUBLIC TOWNHALL – STYLE MEETING ON THURSDAY, NOVEMBER 1, 2012, AT THE ELM STREET YOUNGSTOWN, OHIO, UNITARIAN CHURCH

Youngstown, Ohio, 10/29/12 – An increasing number of citizens are expressing concerns about hydraulic fracturing (fracking) and related processes, earthquakes, injection wells, and fracking-related contamination risks to drinking water, soil, and air. To address some of these concerns,  Frackfree Mahoning Valley (www.frackfreemahoning.blogspot.com  ) and Frackfree America National Coalition (www.frackfreeamerica.org ) will hold a series of public townhall-style meetings for the community to get accurate information, to ask questions, voice their concerns, and seek positive solutions to safeguard the public health and safety as it relates to fracking.  The first public meeting will take place on Thursday, November 1, 2012, at 7 PM to 8:30 PM at the First Unitarian Universalist Church of Youngstown, Channing Hall, 1105 Elm St. (Elm and Illinois, across from Wick Park), Youngstown, OH 44505

The public and media are invited and urged to attend.

The meeting will include a presentation about earthquakes and other drilling-related topics by Dr. Ray Beiersdorfer, Ph.D., professor of geology. A showing of some brief, compelling films related to oil and gas drilling will also be shown.  A question and answer period with time for audience discussion will follow.

Frackfree Mahoning Valley says that it is essential for the public to have access to accurate information, transparency, and honest, open dialogue about fracking and related processes especially in light of Youngstown City Council’s recent misguided, erroneous decision to greenlight fracking within city limits, historic Mill Creek Park facing the threat of fracking, and the drilling in the protected watershed area of Meander reservoir, a drinking water source for over 200,000 people in our area.

 “I anticipate another lively discussion on Thursday since this topic involves the prospect of fracking and drilling near or under parks, schools, homes, farms, forests, and cemeteries. It is truly astonishing and unacceptable that fracking in such areas is even considered and permitted,” said Susie Beiersdorfer of Frackfree Mahoning Valley and Frackfree America National Coalition.

See a previous public statement by Frackfree Mahoning Valley regarding fracking here: http://www.frackfreeamerica.org/1/post/2012/09/youngstown-ohio-city-council-rush-to-decision-to-lease-fracking.html

For media inquiries or more information, e-mail:

[email protected] or call:

234-201-0402

www.frackfreemahoning.blogspot.com

Also see:

Frackfree America National Coalition

www.frackfreeamerica.org

e-mail: [email protected] call: 234-201-8007

Facebook:

www.facebook.com/Frackfree

                                                        # # #
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