Landowners Say Chesapeake Is Dumping Waste
Driller says workers are repairing slip
Wheeling WV Intelligencer
15 April 2011
By Casey Junkins, Staff Writer
Wetzel County property owners believe Chesapeake Energy is trying to
remove benzene-contaminated soil from a drilling site waste pit.
Chesapeake officials, however, said company workers are busy repairing
a slip at the drilling site - and are well within their rights to do so.
Earlier this week, U.S. District Judge Frederick P. Stamp issued a
temporary restraining order against Chesapeake to prevent the company
from removing the soil from a drilling site in Silver Hill, which lies
east of New Martinsville and Proctor in Wetzel County.
The landowners, Larry and Jana Rine, are suing Chesapeake for what they
believe is the illegal dumping of waste on their land.
Though the Rines could not be reached for comment, court documents
reveal they are seeking a more comprehensive cleanup of their property
- and do not want Chesapeake to be able to take the soil out of the pit
until the matter can be resolved.
Court filings show preliminary testing of the soil revealed benzene,
among other contaminants. According to the Occupational Safety and
Health Administration, benzene is a carcinogen that can also affect
bone marrow and blood production over prolonged periods of time.
The organization notes that even brief exposure to high levels of
benzene can lead to "drowsiness, dizziness, unconsciousness, and death."
However, Chesapeake media relations specialist Jacque Bland said the
restraining order is only to maintain the "status quo" until a hearing
next week. Stamp is directing the parties to meet at 9 a.m. Thursday at
the Federal Building, 1125 Chapline St., Wheeling for a preliminary
hearing.
"Chesapeake does believe that its activities are prudent and entirely
within its lease and property rights," she said.
The Rines are represented by Charleston attorneys Brian Glasser and
John W. Barrett, while Chesapeake is represented by Charleston attorney
Timothy M. Miller.
Miller's answer to the Rines' complaint denies that Chesapeake
constructed a pit for the deposit of waste material from hydraulic
fracturing, or fracking, of the Marcellus Shale, though the company
admits to fracking at the drilling site.
Chesapeake officials maintain they have permission from the West
Virginia Department of Environmental Protection to perform all work
being done on the Rines' land.
Though Chesapeake is now focusing most of its drilling efforts on Ohio
and Brooke counties, officials note there is still much to do in Wetzel
and Marshall counties. With these allegations in mind, the West
Virginia DEP recently cited Chesapeake for having an "inadequate
erosion and sediment control" violation, along with a "pollution of
waters of the state" violation for a Marshall County site near Fish
Creek.
Chesapeake also received a citation for "wasting natural gas" at a
Wetzel County site east of Proctor near the Marshall County border on
Feb. 26.
Also last year, Jeremiah Magers believed his drinking water well became
contaminated with methane when Chesapeake fracked some nearby wells
close to his home along Fish Creek in Marshall County.