Stay Order Secured for Munroe Falls Drilling Site

NEWS RELEASE

Munroe Falls:

Mayor Larson is proud to inform the residents of Munroe Falls that his administration has made another successful step in the effort to stop the drilling for oil & gas in the community. Armed with conclusive data, including resident petitions and photographs of flooding at the drilling site on the Sonoco Company’s property, Law Director Jack Morrison, Jr. secured a “Stay Order” issued by the Ohio Department of Natural Resources. This order, effective April 4, 2008, prevents any further action by Sonoco or the drilling company until ODNR can review the data and set a new hearing date. This process will take at least 90 days. “The flooding at the drilling site on the Sonoco property is of great concern because it is very close to the water wells that supply our drinking water” said Mayor Larson, “if our water is contaminated the state does not have a contingency plan to supply the homes and businesses that depend on this water source. This ‘Stay Order’ is a step in the right direction to get the drilling stopped completely.”

Flooding on the Sonoco property comes from the Cuyahoga River as it rises. Not only can run-off from the drilling site contaminate the ground that holds the drinking water, but it can also contaminate the river. This seems to be taking two steps backwards from the years of work spent trying to clean up the river.

Munroe Falls City Council agrees that gas & oil drilling should not be allowed in this community. On January 2, 2008 the Council passed Resolution #2008-04 requesting that Governor Ted Strickland place a moratorium on this drilling in Munroe Falls. They asked him to consider the river and the water table that this community thrives on. The Governor’s office has been in contact with Mayor Larson but the wheels of government run slowly.

It's time for a quick recap of the ongoing battle over gas and oil drilling in Munroe Falls. Way back in March 2007, the city decided against drilling on city property. In spite of the fact that Munroe Falls would have received a portion of profits from any production, our city government acted with great discretion and opted out, due to the potential health and environmental risks.

What risks? Ohio Environmental Protection Agency hydro-geologist Kathy Metropulos had cautioned city officials against drilling, warning that improper drilling in Munroe Falls could damage the water supply in Cuyahoga Falls, a water supply used by 50,000 people in Cuyahoga Falls, Munroe Falls, and Silver Lake. She said it would cost "millions of dollars" to repair any damage to the Cuyahoga Falls drinking water system.

According to the Stow Sentry article, Ms. Metropolus said that "things like rain water can wash the contaminants into the ground. It is the local authorities who are responsible for protecting the well fields through ordinance or other regulatory means."

At that time, it was noted by Ms. Metropulos that Wooster has spent more than $10 million to correct damage to its water supply, damage that has been directly attributed to local drilling for gas and oil. Since then, we have all heard about the debacle out in Bainbridge, where homeowners wells were affected by a local gas/oil operation.

So here we are, one year later, still wondering how the Ohio legislature could have acted so irresponsibly when passing Ohio HB278, granting as it does, absolute permitting and regulatory power over all gas and oil wells to the Ohio Department of Natural Resources. And we all know what absolute power does.

About four weeks ago, Mr. Jack Morrison, Munroe Falls City Law Director, filed an appeal with the ODNR. Mr. Morrison received an immediate response from them requesting a same day phone conference. ODNR informed Mr. Morrison that they would hear oral arguments the next morning at 8:00 AM. He made the trip to Columbus, presented his case, and was informed that a response would be issued in April. He has subsequently been informed that he is to appear before the appeals committee again on April 25, 2008.

Our chances for success are not rosy. What we need is a millionaire benefactor, fed up with the pomposity of ODNR, and disgusted with a legislative body that preaches home rule but does all it can to eliminate it. This benefactor will be asked to underwrite a lengthy court battle questioning the constitutionality of HB278.

Time and money favor the drillers. Our elected representatives in Columbus (Messrs. Coughlin and Widowfield) either support HB278 or have other political distractions that prevent them from supporting two local cities within their districts that have passed council resolutions (unanimously) opposing the drilling.

People in Columbus have no business telling us how to run our local communities when it comes to health and environmental issues. None, whatsoever.

Coughlin Checks In

Finally found senator Coughlin. Responding to my email of 11-30-07, he noted in a letter received yesterday that he was responding to my email regarding drilling in my Hudson neighborhood. I'll spare you the rest.

Wouldn't it be nice to have at least one state representative who is still paying some attention to local matters? Maybe we can do something about that.

Crooked, Rampant River

Here are views of the Cuyahoga River shot from the north bank, today, February 8, 2008.

The water has inundated the bike and hike path, just below the Munroe Falls fire station.

River water races just below the parking lot at Sonoco (left).

No way this river could ever flood during drilling, eh?

Cuyahoga Falls Passes Resolution Opposing Drilling

As expected, the Cuyahoga Falls City Council passed their resolution opposing the gas and oil drilling. It has been signed by the mayor, and should be on its way to the governor by now.

Thanks to both the Munroe Falls and Cuyahoga Falls council members for their support, interest, involvement, and fast action. Both resolutions were passed quickly and unanimously.

Mr. Phil Carin from the Falls Press called yesterday with a list of questions about local concerns and about the wider issue of how HB278 affects home rule. Check the next edition of the CF Press and Stow Sentry for a follow up article.

Cuyahoga Falls Council Meeting 1-22-08

Cuyahoga Falls graciously extended an invitation to me to speak at tonight's council meeting. Members listened attentively and asked thoughtful questions. I'll lay odds that their resolution opposing the drilling will pass quickly.

After the meeting, one council member told me that she had been inundated with emails and phone calls from Beck Energy at an earlier time, urging her to get behind a gas/oil well they wished to drill right in Water Park, a project that CF wisely rejected.

The frustration felt by many local officials when they discover that they no longer have control over community health and safety issues is palpable. The common reaction is one of surprise, followed by annoyed disappointment that Columbus legislators have taken it upon themselves to wrest home rule from us; wondering what will be next.

Apparently, Mr. Opritza of ODNR has assured the water department that ground water testing will be a part of the gas/oil drilling procedure. Super. If tests come back positive for harmful content, we hope ODNR will send us a case of Perrier for our trouble.

Getting closer to the bottom of the ninth now. Please stop by Munroe Falls city hall to sign the petition if you haven't already done so.

The link below opens or downloads copies of the Munroe Falls (passed) and Cuyahoga Falls (proposed last night) council resolutions.

Munroe Falls Resolution

Cuyahoga Falls Resolution

Top of the Ninth, Two Out

I attended a meeting today with Mayor Frank Larson, an Ohio EPA representative, and Cuyahoga Falls water department officials, regarding the proposed gas/oil well at Sonoco property in Munroe Falls. There was a lengthy discussion, complete with colorful maps showing why the water well field supplying our drinking water is particularly susceptible to contamination from a surface spill, especially one originating upstream.

Existing geological survey information suggests that the water supply we drink from sits in a subterranean trough below a loamy layer that affords little protection from a surface spill. Subterranean migration of harmful toxins is also a possibility.

I asked what effect Cuyahoga River flooding would have. Shrugs. How about an earthquake? Shrugs again. Nobody knows.

The discussion was slightly academic at times, although a general consensus seemed to emerge that the stakes in this issue are far too high to be ignored. The EPA representative was pleasant and informative, and while her presentation clearly validated our fears, it was clear that if any neck is to be stuck out making a public statement in opposition to this drilling, it will not be hers.

ODNR's insistent support of its current stand -- in spite of clear and growing local opposition -- is inexplicable, especially when one compares the paltry potential profits from the gas/oil well to the cost and inconvenience that would be required to "clean" a contaminated drinking water supply. The ODNR employees making this decision do not live here, drink the water, or seem to care about local concerns. All they know is that HB278 gives them total authority, and we all know what absolute power does. People 150 miles away will decide issues that should be reserved for local government.

Cuyahoga Falls council has not yet passed a resolution opposing the well, and Mayor Robart is silent. The proposed drilling site may be located in Munroe Falls, but the aquifer is in Cuyahoga Falls. The two communities need to join forces and direct their resources and political influence quickly and persistently.

Top of the ninth, folks, two outs.

Munroe Falls City Council Meeting 1-15-08

Not much new occurred at the meeting. To add insult to injury, Beck Energy has started proceedings to force the MF to contribute its 0.37 acre to their aggregation pool so they can drill at the Falls church site.

The mayor said he is still in contact with the governor's office.

The petition to place a moratorium on drilling can be signed at Munroe Falls city hall. Please stop by and sign it.

Hot Off the Press

This from Mayor Larson today at 1:00 PM:

• In a phone conversation with the mayor, ODNR maintained their position that HB278 assigns all power regarding this and other potential drilling sites to them and them alone. Expect no assistance from the Ohio Department of Natural Resources now that we have reverted to a decision making process patterned after the divine right of kings.
  
• Mr. Rags Coxe from Sonoco, good to his word, left a phone message for the mayor last Friday. Mr. Coxe is no dummy, and his assistance is viewed here as essential. He and Mayor Larson have not spoken directly yet, but that conversation should occur shortly.
• The mayor is still in contact with the governor's office.
• Cuyahoga Falls is supposedly still planning a resolution of their own opposing the drilling. If anyone in CF is in-the-know regarding the status of the resolution, please post to the blog with details.
  

HB278 is a poor excuse for public policy. Please sign a copy of the petition being circulated or download and print a copy from the link below; please sign it, and return it to City Hall as soon as possible.

http://www.crookedriverwriter.com/Petition.doc

There are many questions raised in recent days that require thoughtful answers:

• Has anyone noticed how high the river is, right now, right at the Sonoco property? Has anyone asked how flooding would affect the well site?
• Has anyone anticipated the possible side effects of an earthquake? Just had one in Lake Erie this month.
  
• It has been suggested that the well site is located on the "outer fringe" of the water well field five year protection zone. What does "outer fringe" mean? This aint horseshoes, folks.
• If gas and oil are expected to migrate to the well casing for removal, can we not logically expect harmful, drilling related chemicals to migrate in the other direction as well? If so, how far? Without a proper hydro-geological survey, is guesstimation by ODNR a suitable replacement?
  
• Why has the Stow Sentry refused to print letters to the editor about this issue?

This blog is for everyone who wants to use it. Feel free to post opinions, positions, and corrections, if needed.

Please Sign or Circulate Our Petition

Mr. Ron Meyer of Munroe Falls city council is currently circulating petitions that will be sent to the governor. If you want to sign or (better still) would be willing to help circulate petition sheets in your neighborhood, call Ron at 330-688-1289. We'd like to get at least 500 signatures.

We'll contact Mayor Larson tomorrow and see if he has heard from Mr. Coxe at Sonoco. He supposedly spoke with ODNR this past week, but the outcome is unknown here at the blog.

This is no time to relax our efforts.

Copies of the documents can be downloaded as Word files from:

http://www.crookedriverwriter.com/Petition.doc

http://www.crookedriverwriter.com/Letter-Governor.doc

http://www.crookedriverwriter.com/HB278.doc

Parade Magazine Post

This excerpt from Parade Magazine is a synopsis of the NRDC study on common dangers associated with gas/oil drilling:

Most Americans want the country to be free of its dependence on foreign fuel. But what many might not know is that using homegrown oil and natural gas may come at a high cost.

There are close to 1 million oil and gas wells across 33 states in the U.S. New ones are being drilled at a rapid rate—more than 40,000 last year alone.

Extracting oil and gas is known to release toxic chemicals, including mercury, benzene and arsenic, and harmful chemicals are routinely injected underground to boost output. However, such wells are exempt from the parts of the federal Safe Drinking Water Act and Clean Air Act that would control these substances.

“Loopholes were written because of the industry’s influence in Washington,” says Amy Mall of the Natural Resources Defense Council (NRDC), who co-authored a new report on the subject. “These decisions ignored the best available science.” Well operators also are not required to file an annual toxic-release inventory, a list of chemicals emitted.

Correction

There are currently two drilling companies seeking to place wells in Munroe Falls: D&L is involved with the Sonoco property; Beck is seeking permits for additional wells. We misspoke and associated Beck with the Sonoco project in a previous post and apologize for the mistake; D&L is the energy company granted the permit for the Sonoco site.

Drilling On Hold

Mr. Rags Coxe at Sonoco has informed the blog that he will call Mayor Larson directly, and that he has "requested D&L Energy to postpone well drilling."

It's good that a dialog will be opened with Munroe Falls, allowing it some participation in the decision making process. Establishing a thorough, broader-based review of the proposed drilling has been the goal of this blog from the start. Hopefully, the added scrutiny and discussion will ensure the safest possible use of our shared resources.

Letter to Sonoco -Sent 1-4-08

This was sent today via email to Mr. Coxe at Sonoco:

Dear Mr. Coxe,
As I have heard nothing since our last conversation, I am taking the liberty of providing an update on the proposed gas/oil drilling on Sonoco property in Munroe Falls, Ohio.

1) Munroe Falls City council has passed a resolution opposing the drilling until a formal study is conducted to determine its potential impact on the local environment, particularly the local water well field that supplies drinking water for 49,000+ residents on Munroe Falls, Cuyahoga Falls, and Silver Lake. The vote was unanimous.
2) Mayor Larson has been in contact with the governor's office and has requested an executive order placing a moratorium on drilling until the study is completed. They have responded, are sensitive to this issue, and have it under review.
3) Beck Energy has threatened Munroe Falls with legal action under an arcane statute in the Ohio Revised Code if the city refuses to voluntarily add .37 acre of city property to an aggregation pool that will allow a second well; a well that has also been opposed by the city from the start.
4) Ohio EPA informed us that it has no idea what impact the gas/oil well might have on the environment or on water quality. They are frustrated that HB278 eliminates procedures and safeguards designed to ensure the suitability of a drill site and enforcement of good procedures through the combined oversight of ODNR and EPA. ODNR has requested no formal study.
5) A gas/oil well in Bainbridge Township made television and newspaper headlines in December when it contaminated the residential wells of a dozen homeowners. Things obviously happen.
6) Cuyahoga Falls is preparing its own, similar resolution, supporting the Munroe Falls position. They are particularly concerned about Beck Energy's aggressive posture.

Munroe Falls is a community that acquiesced to the removal of its namesake falls in the interest of water quality, realizing that it had a responsibility to its neighbors in the Cuyahoga Valley that superseded its own immediate self-interest.

We doubt very much that Beck Energy apprised you of the lax oversight in our state when it made its original proposal. Beck's current, heavy-handed approach eliminates all doubt that their own self-interest rises above all other considerations.

Sonoco has been a good neighbor and a responsible citizen here in Munroe Falls. We thank you for that. Clearly, your own corporate mission statement leaves no doubt that you embrace your civic responsibilities and view them as an integral part of your future.

" Shareholder return, customer and employee satisfaction, commitment to excellence, integrity, environmental stewardship and a safe workplace will be the hallmarks of our culture. ..We believe that initiatives around enhancing our reputation, being a strong corporate citizen, providing a good place to work and being a good steward of our environmental resources will make us a stronger, more competitive company..."

Please contact Mayor Larson at your earliest convenience to discuss a mutually beneficial arrangement that will secure your reputation and long term best interests, and restore the safeguards to our health and quality of life. With the water supply of 49,000 people at stake, an ounce of prevention seems appropriate.

Respectfully,

Ralph Birnbaum

Munroe Falls City Council Meeting 1/2/2007

Munroe Falls City council passed a resolution last night requesting a moratorium on gas/oil drilling until a proper study is conducted regarding its possible impact on the local environment, particularly the water supply. The vote was unanimous.

Mayor Larson said he has also been in contact with the governor's office again and has made a similar, personal request to the governor to put the drilling on hold. He said he hopes to receive a response soon.

Law Director Morrison said he is dealing with the attempts by Beck Energy to force drilling at the Falls church site. He is also in contact with CF and Silver Valley to give us a larger collective voice.

I spoke with Mr. Bill Zawiski at Ohio EPA yesterday. He informed me that he has no idea what impact the gas/oil well might have on our water, since no formal study has been done. He suggested that the services of a hydrogeologist would needed to make a more accurate assessment of the well site's suitability. He also told me that (as we have stated here before) ODNR is under no legal obligation to request or follow EPA recommendations. Indeed, to the best of our knowledge, ODNR has requested no formal study. Currently, Ohio EPA is called in only to clean up problems created by drilling--after the fact.

Local residents deserve the right to participate meaningfully in decisions that may have a large impact on their environment and quality of life. They also deserve access to factual evidence supporting or opposing these decisions.

Latest Developments

Mr. John Christopher at the Cuyahoga Falls water department did a follow up with ODNR and EPA on the relationship of the gas/oil well to the well field supplying our water. I received a response from him today that unfortunately raised more questions than it answered. I have emailed an additional request for several clarifications, which will be posted when I receive them.

In a more interesting turn, Mayor Larson received a letter from the lawyers representing Beck Energy. In case you do not already know, to receive a permit, the driller needs show that he meets spacing and minimum footage requirements. Without the footage withheld by Munroe Falls in opposition to the drilling (.37 acre), Beck did not meet the minimum footage requirement, preventing the issuance of a second well site permit for the Twin Falls Methodist church property.

Well, as it turns out, there are "minimum requirements" and there are loopholes large enough to drive a drilling rig through. The letter from Beck's lawyers says that: "Generally, the state can grant oil and gas producers a mandatory pooling order which, in effect, requires certain landowners to participate in gas and oil development. The state generally grants mandatory pooling orders in the event that an oil and gas producer has voluntarily attempted to lease certain oil and gas properties and has been unable to obtain the leases required under state spacing and minimum acreage rules..."

With the nice talk completed, we get down to business: "...please be advised that in the event that we do not obtain this lease, we intend to file an application for Mandatory Pooling with the Ohio Department of Natural Resources and exercise our rights under Section 1509.27 of the Ohio Revised Code." Clearly, they have no regard for local opinion and intend to take what they want forcefully.

The Ohio legislature wants the drillers to have unfettered access to any soil in Ohio not yet perforated for profit. They must observe certain rules unless those rules get in the way. If you're happy with that, no further action is required. If not, better speak up soon.