Local State Representative to Introduce Bill Banning Marcellus Shale Wastewater Impoundments

One local lawmaker wants the state to ban Marcellus Shale wastewater impoundments—or frac ponds—and began seeking co-sponsors Friday for a bill he intends to introduce on the matter.

"Wastewater impoundments are NOT an industry best practice, as per the industry itself. The new Center for Sustainable Shale Development, which includes industry partners Shell, Chevron, CONSOL and EQT, recently identified eliminating wastewater impoundments as one of their performance standards," state Rep. Jesse White, D-Cecil, wrote in a memor to colleagues on Friday. "Unfortunately, less reputable operators will not be bound by these standards and will continue to dump this hazardous material in this highly dangerous manner. Wastewater impoundments are banned in North Dakota and are not used in Texas and other drililng-friendly states."

Under White's proposed legislation, "freshwater" impoundments—used to store water before the hydraulic fracturing begins—would still be permitted for a period of seven days and then would have to be closed.

"Under no circumstances would wastewater, produced water, flowback water, drill cuttings or any similar waste be permitted in the freshwater impoundment," White wrote. "(The Department of Environmental Protection) announced last week that they would begin testing for radiation in this wastewater, as it can contain naturally-occuring radioactive material brought up as part of the drilling process."

The lawmaker noted that currently, a company can build a freshwater impoundment then convert it to a wastewater impoundment and haul hazardous material from anywhere and dump it there.

"Even if there are no leaks, the water evaporates and the chemical emissions into the air can present a serious health hazard for nearby residents. Under Act 13, water impoundments are a permitted use in all zoning districts, including residential; not only would municipalities have no way to regulate them, the municipality and the residents have no way of knowing they even exist," according to White. "Just (recently), we learned about a possible leak at an impoundment in my hometown in Washington County of a 12,000,000 gallon wastewater impoundment no one even knew was there because it was built on top of a hill. This impoundment was originally built as a freshwater impoundment and then converted through a simple permitting process with the DEP."

White was referring to the Worstell impoundment in Cecil Township.