Chesapeake Sued Over Dumping
Wheeling WV Intelligencer
22 April 2011
By Casey Junkins, Staff Writer
WHEELING - Larry and Jana Rine believe Chesapeake Energy may have
dumped radioactive elements into a Wetzel County waste pit, but company
attorneys said the material occurs naturally in the soil.
U.S. District Judge Frederick P. Stamp heard roughly seven hours of
testimony in the Rines' civil suit against Chesapeake on Thursday
before deciding to continue hearing from witnesses at 9 a.m. today at
the federal courthouse in Wheeling. The Rines want to stop Chesapeake
from removing dirt in a pit on their property in the Silver Hill area
of Wetzel County so they can gather evidence to show radioactive
materials were dumped in the pit.
If such evidence is found, they want Chesapeake to perform a more
thorough cleanup of their land. But Chesapeake officials say they need
to remove the material as part of a slip repair job.
Last week, Stamp granted a temporary restraining order against
Chesapeake to keep company workers from removing the potential evidence
of their alleged illegal dumpings. Stamp did not make a ruling on
whether to end or extend the restraining order Thursday because
Chesapeake attorneys still had an additional witness to call to
testify, requiring the proceedings to continue today.
One of the major claims the Rines make against Chesapeake is that the
Oklahoma City-based driller dumped benzene and radioactive material
into a large hole on the Rines' property. 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 even brief exposure to high levels of benzene
can lead to "drowsiness, dizziness, unconsciousness, and death."
The Rines are represented by Lewisburg, W.Va.-based attorney Joe
Lovett. Chesapeake is represented by Charleston attorney Timothy M.
Miller. The Rines believe Chesapeake is trying to remove "hazardous
waste" from the pit on their land, but officials with the drilling
company say they are just working to repair a slip.
"Why does Chesapeake think it has the right to do what it's doing? We
have not seen the documents," he said.
Lovett said a 2010 soil sample from the site showed Chesapeake had
radioactive material in the soil, adding, "We do not believe Chesapeake
has a permit to dispose of radioactive material in pits."
However, Miller said small portions of radioactive elements can occur
naturally in the soil, noting, "The question is, "Is it at some
dangerous level?'"
Later, when questioning environmental consultant Ernest Franz - who
traveled from Louisiana to testify on Chesapeake's behalf - Miller
noted Chesapeake has been taking drilling waste to the Short Creek
Landfill on North Fork Road near Wheeling for some time. Franz said a
set of alarms on the sides of the landfill's entrance will sound if the
truck contains radioactive material, noting no truckloads of Chesapeake
waste have been turned away from the landfill for this reason.
Additionally, Morgantown-based RSK Engineering engineer Scott Krabill
told Stamp he did not understand why Chesapeake needed to move so much
earth to repair a slip.
"Ninety percent of what Chesapeake removed did not need to be removed,"
he said.
Next, Marc Glass of Cira Consulting Associates in Morgantown testified
about finding high levels of hydrocarbons in the soil. When Miller
asked Glass if he was aware that gas in this area is "wet" with
materials like propane, butane, pentane and ethane, Glass admitted, "I
am not an expert in Marcellus Shale."
One substance found in the soil sample was of particular interest to
Glass, though, as he MTBE would probably not be there naturally.
"In everything that I have read, MTBE is specifically associated with
unleaded motor fuel," he said.
Later testifying for Chesapeake, company construction foreman Ashley
Cowan said the firm needs to repair the slip as soon as possible.
"The pit has been open since last Tuesday, and we've had a substantial
amount of rain," he said. "You have to fix the slip - you have to
remove the cuttings."