Tag: Danny E. Webb Construction

W.Va. DEP Shuts Down Danny Webb Construction Waste Site, For Now

The W.Va. Department of Environmental Protection has Statement About Danny Webb waste site in Fayette County. DEP Communications Director, Kelly J. Gillenwater said in an email Friday:

"The West Virginia Department of Environmental Protection's Office of Oil and Gas has shut down operations at the Danny E. Webb Construction Inc. underground injection control facility in Fayette County until further notice. The shutdown, effective immediately, is in response to an April 8 decision by the Environmental Quality Board. The board ruled that a March 2014 order under which the facility was operating was unlawful and gave the DEP 30 days to either issue a new permit or require the operations to cease. Two permit applications from Danny Webb for the facility are currently under thorough review, and DEP is taking into consideration all comments submitted during the public comment period regarding these proposed permits. There is no deadline by which DEP must make a decision whether to approve or deny the applications and the agency has no estimated timeframe on when that decision will be made."  

A permit to operate an underground injection well had expired in October 2012 but the operator continued to collect waste.

The underground (UIC) permit was granted February 6, 2014 under the condition that the operator close an above ground pit used to collect fluids from oil and gas exploration, development drilling, and production before being injected into the underground well.  

In a letter of appeal filed in March 2014, attorney Tom Rist said the permit did not specify the closure requirements and should have been addressed before granting the permit. The operation permit was revoked in March, but the order still allowed the operator Danny Webb Construction to continue to work at the site.

The West Virginia Environmental Quality Board ruled in April that the Department of Environmental Protection violated state law when it allowed Danny Webb Construction to operate the injection wells in Fayette County without a permit. Danny Webb Construction had until May 8 to issue a new permit or cease operations.

DEP Postpones Public Hearing Concerning Lochgelly Waste Site, Again

The West Virginia Department of Environmental Protection is rescheduling a public hearing on two permit renewal applications for the second time. The public hearing is around applications for an underground injection control (UIC) facility near Lochgelly in Fayette County. 

In an email, the DEP said the meeting scheduled for Thursday, Feb. 19 in Oak Hill has been postponed a  due to inclement weather conditions.

The initial hearing was set for Jan. 7 but was also postponed due to weather. The West Virginia Department of Environmental Protection opted to postpone both events rather than risk the safety of citizens and agency personnel who would be driving on icy roads.  

The DEP is working to confirm the details about a new date and location.

Renewal Process

The DEP ordered Danny Webb Construction to close an above ground waste pit last year. Folks have worried for years that both the above ground waste pit and underground injection well have been leaking oil and gas waste into Wolf Creek, a tributary to the New River. It appears a researcher from Duke University now shares those concerns.

Danny Web Construction’s permit for an underground injection well expired in 2012. The DEP renewed the underground injection well, or UIC, permit in February last year under the condition that Danny Webb Construction close the above ground waste pit.

Representing the Natural Resources Defense Council, The West Virginia Surface Owners’ Rights Organization, Plateau Action Network and citizen Brad Keenan, Tom Rist with the Rist Law Office filed a letter of appeal. After ‘receiving significant public interest” the DEP revoked the permit soon after.

This past summer the Environmental Quality Board heard complaints against the DEP’s permitting process in this case. The groups point out that despite the permit expiring, and the revocation order, Danny Webb could still collect waste.

The board still hasn’t made a decision in that case and now, in light of the public hearing, it appears the DEP is moving forward in granting the permit. A public hearing is part of the permit issuance process.

Residents Remain Worried

The groups remain concerned about potential hazards to public safety. According to court documents, resident Brad Keenan presented results from water samples taken from Wolf Creek in 2007 that showed “high concentration of diesel and other petroleum products”.

In an appellant’s brief filed in September, the Rist Law Office sharply criticizes the DEP for not taking action against Danny Web Construction. Tom Rist points to the DEP’s records as evidence showing the site was out of compliance.

Tourism Trouble?

Finally, groups point out that Wolf Creek is a tributary to the New River, which brings in tourism dollars to the region. The site is also located about a mile from one of the county’s only day care facilities.

Danny Webb Construction did not responded immediately to our request for comment. The public is invited to attend a public hearing to voice concerns or support of the permit, at Oak Hill School tonight at 6:30 p.m.

The DEP says there are currently 14 commercial sites across the state and 33 private disposal wells.

Danny Webb Construction Permit Hearing Rescheduled

A public hearing on two permit renewal applications for an underground injection control (UIC) facility near Lochgelly in Fayette County has been rescheduled for Feb. 19, according to a release. The hearing was initially scheduled for Jan. 7 but had to be postponed due to inclement weather conditions.

The hearing is set for 6:00 p.m. – 8:00 p.m. at Oak Hill High School. The DEP is also accepting written comments until March 1.

Background

The DEP ordered Danny Webb Construction to close an above ground waste pit last year. Folks have worried for years that both the above ground waste pit and underground injection well have been leaking oil and gas waste into Wolf Creek, a tributary to the New River. It appears a researcher from Duke University now shares those concerns.

Danny Web Construction’s permit for an underground injection well expired in 2012. The DEP renewed the underground injection well, or UIC, permit in February last year under the condition that Danny Webb Construction close the above ground waste pit.

Representing the Natural Resources Defense Council, The West Virginia Surface Owners’ Rights Organization, Plateau Action Network and citizen Brad Keenan, Tom Rist with the Rist Law Office filed a letter of appeal. After ‘receiving significant public interest” the DEP revoked the permit soon after.

This past summer the Environmental Quality Board heard complaints against the DEP’s permitting process in this case. The groups point out that despite the permit expiring, and the revocation order, Danny Webb could still collect waste.

The board still hasn’t made a decision in that case and now, in light of the public hearing, it appears the DEP is moving forward in granting the permit. A public hearing is part of the permit issuance process.

Residents Remain Worried

The groups remain concerned about potential hazards to public safety. According to court documents, resident Brad Keenan presented results from water samples taken from Wolf Creek in 2007 that showed “high concentration of diesel and other petroleum products”.

In an appellant’s brief filed in September, the Rist Law Office sharply criticizes the DEP for not taking action against Danny Web Construction. Tom Rist points to the DEP’s records as evidence showing the site was out of compliance.

Science Study

The appeal also quotes an environmental researcher and Duke University professor Avner Vengosh saying that samples taken from Wolf Creek, included “elevated levels of several dissolved constituents in water such as chloride, bromide, sodium, manganese, strontium and barium.”

These chemicals are typical of oil and gas wastewater. It’s important to also point out that this site in Fayette County is a commercial disposal well, which means all kinds of liquid industrial waste is brought in from other sites.  These underground injection wells accept oil and gas waste from states throughout the region including Pennsylvania, and Virginia.

Tourism Trouble?

Finally, groups point out that Wolf Creek is a tributary to the New River, which brings in tourism dollars to the region. The site is also located about a mile from one of the county’s only day care facilities.

Danny Webb Construction did not responded immediately to our request for comment. The public is invited to attend a public hearing to voice concerns or support of the permit, at Oak Hill School tonight at 6:30 p.m.

The DEP says there are currently 14 commercial sites across the state and 33 private disposal wells.

Public Hearing Set on Fayette Waste Wells' Permits

State regulators have scheduled a public hearing on a company’s application to renew permits for two underground injection wells in Fayette County.

Danny E. Webb Construction Inc. operates the wells at a facility near Lochgelly. The wells pump oil and gas drilling waste underground.

The Department of Environmental Protection says it will host a public hearing on the company’s permit renewal applications on Jan. 7 at Oak Hill High School. Written public comments will be accepted through Jan. 17.

Environmental organizations and some residents have said the company has a history of violations and the wells pose a threat to health, water resources and property values.

Webb has said he operated the wells legally.

Group Asks EPA to Strip State Authority on Injection Wells

  The National Resources Defense Council is asking federal environmental officials to strip the state’s authority over underground injection wells for fracking waste.

Council attorney Matthew McFeeley made the request in a letter Thursday to the Environmental Protection Agency’s regional administrator.

The letter says injections occurring at two West Virginia wells are illegal and unauthorized, and both have expired permits.

It says the operator, Danny E. Webb Construction Inc., has a history of serious violations.

In a news release, McFeeley said neighbors near the site in Fayette County have complained for years about water odors and color changes in a nearby stream.

Danny Webb has said he has operated the well legally.

Spokeswoman Kelley Gillenwater said the state Department of Environmental Protection couldn’t comment on the specific case, since litigation is ongoing before the Environmental Quality Board..

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