Why is Highland Heights Fire Chief Turner my hero for the day?
Because he stuck up for Highland Heights residents, that's why. He went to bat to keep us safe, in the face of the ODNR reps' insistence that none of us---not Highland Heights residents, not the city, not the Fire Chief--really count. More on that below.
The topic: Cutter's plan to drill a gas well in the middle of a residential neighborhood in Highland Heights. The site will be completely surrounded by residential homes and backyards.
The sticking point: Because it is a residential neighborhood, there is currently no access road that allows Cutter to get back to the proposed drilling site. Cutter has proposed expanding a homeowner's driveway and using that as part of its access road---a road approximately 14 foot wide that passes right next to a residental home and encroaches on two other property owners' lot lines.
The local issues:
1. Cutter's proposed access road violates the city's setback zoning ordinance The city has a setback ordinance that prevent residents from placing driveways too close to lot lines.
The city's setback zoning ordinance is not incompatible with the state drilling laws. Cutter simply has to place its access road within the required setbacks, away from property lines. Cutter's proposed plan makes absolutely no attempt to comply with the city's setback ordinance.
The ODNR best practice manual expressly anticipates that local requirements have to be complied with--indicating that local requirements still matter:
Most local governments have restrictions and standards for access road entrances. Generally, requirements include culvert pipes and a stone roadbed for a specific distance. Producers should check with officials for local regulations.
Most local governments have restrictions and standards for access road entrances. Generally, requirements include culvert pipes and a stone roadbed for a specific distance. Producers should check with officials for local regulations.
2. Neither Cutter nor ODNR has any plans for keeping the expanded driveway portion of the access road free of vehicles, nor does the proposed access road contain a gate. When asked about this, city officials were told that it would be the city's job to keep the expanded portion of the driveway clear for Cutter.
3. Most critically, Cutter's proposed access road does not comply with the State Fire Chief's requirements for allowing fire/emergency access to the proposed drilling site.
According to my hero of the day, Chief Turner, the state fire code is not preempted by the drilling ordinances. Everyone--state agencies, municipalities, etc.-- have to comply with the State Fire Chief's regulations. And Chief Turner insists that Cutter and ODNR do that too.
The Ohio Fire regulations read: OAC Ann. 1301:7-7-01(6) (101.6) Minimum standard. This code shall constitute the minimum standards for safeguarding life and property from fire and explosion in this state. No political subdivision with the statutory authority to promulgate a fire code may enact a fire code, or parts thereof, that provide a lower threshold of such safeguards or violate accepted engineering practice involving public safety. Such political subdivision may promulgate fire code provisions that exceed the minimum safety requirements as set forth in this code.
The State Fire regulations require that access roads to oil and gas facilities:
be at least 20 ' wide (the ODNR best practices manual requires a "minimum" width of 14 feet for all access roads); be designed and maintained to support the imposed loads of fire apparatus; be surfaced so as to provide all-weather driving capabilities; and provide an adequate turning around area at the dead end of the access drive. OAC Ann. 1301:7-7-05(C)(2)(503.2)
Why this is an issue is beyond me. The ODNR regulations state:
1501:9-1-02(E)(1) . Permits. For wells permitted after September 15, 2004 in urbanized areas or where there is no reasonable emergency response access to the wellhead or tank battery at the ingress point to the access road, an apron of durable material shall be placed. .. (1) The access road shall be constructed and maintained in a manner to permit the ingress and egress for fire and emergency response.
Cutter's proposed access road does not meet state requirements, which are designed to allow fire and rescue equipment access to drilling sites.
At least one of the ODNR rep seemed to take exception to requiring Cutter to build an access road that would comply with state fire safety laws. His concern seemed mostly to be with getting the drilling started as soon as possible, as conveniently as possible for Cutter. Drill, baby, drill.
The more global issues:
There were two local ODNR inspectors in attendance at the meeting: Norburt Lowder and Jay Cheslock.
Lowder, who approved the Cutter drilling permit, was aggressive and exuded a great deal of hostility during the meeting. It seemed pretty clear to me that he believes that the city has no right to stick its nose in with regard to a well he has approved of.
Funny I thought that maybe his job was to look out for the citizens of Ohio. But he acted more like his main responsibility is to facilitate drilling---anywhere and everywhere. And particularly in suburban backyards.
These are some of issues that came up, during the meeting:
1. ODNR does not check to see if any drilling sites are on/impinge on wetlands before drilling permits are issued.
If the issue comes up (although how it would is anyone's guess since state law does not require notice to be given to impacted residents except in rare circumstances and few people even know that a permit has been applied for until after the drilling begins), then ODNR claims they require drilling companies to get required federal permits. But verifying wetlands is not a required part of the permitting process.
2. ODNR does not verify the location of old wells or require them to be plugged before a new well is drilled nearby.
There is an old well somewhere in the vicinity of the Cutter leasehold (it's called an "orphan well"). The well is still listed as active on the ODNR website., which means that new wells have to be at least 300 feet away from it.
ODNR issued the Cutter drilling permit, even though ODNR doesnt claim to know where the orphan well is actually located. Neither Norburt nor Cheslock seemed at all concerned that it was unplugged---which violates the state laws that they are supposed to be enforcing.
When asked about the danger this old, unplugged well could present, Norburt stated that the city didn't have to worry about it because he had written it into the Cutter permit that if the old well starts to leak or something, Cutter would be responsible for dealing with it.
Now that's reassuring. I guess ODNR has adopted its own version of the Don't Ask/Don't Tell policy when it comes to unsafe, unplugged orphan wells.
3. ODNR claims that it alone is responsible for fires, leaks, environmental contamination, and other disasters occurring with gas wells and that, really, our city Fire Department does not have any jurisdiction over, or responsibility with regard to, such events.
In fact, Chief Turner was told that if the Cutter gas well caught fire, he should simply park his equipment far away from the well site and let it burn until ODNR arrived. Guess residents are supposed to fetch marshmallows while their neighborhood burns.
And as for environmental contamination ( releases of toxic chemicals into the air, the spilling of "brine" (which has nothing to do with salt water by the way and is really the liquid waste product of drilling, which the EPA considers to be toxic industrial waste), and contamination of ground water), it is ODNR's position that they alone have jurisdiction, that they will decide whether or not there is an issue, and if it decides that a situation is not related to drilling, then it will let the Ohio Environmental Protection Agency and/or let local fire departments--who provide emergency response for all other environmental disasters--in.
4. Although they want to keep everyone else out, ODNR has not adequately addressed the environmental disasters that have already occurred. They are still evacuting houses in Bainbridge, near the one that exploded, and the contamination of groundwater caused by the gas well still has not been remediated. And that's just one situation involving a gas well gone bad occuring around here.
5. Although ODNR asserts that it has sole authority to control and regulate gas wells, the reality is that ODNR is not staffed to do anything other than issue permits for new wells.
According to Norburt and Cheslock, there are 10 ODNR inspectors for all of Northeast Ohio and over 3,000 active gas wells just in Cuyahoga County alone.
According to the ODRN website, there are only 3 ODNR inspectors responsible for those 3,000+ Cuyahoga County wells (Norburt, Cheslock, and Robert Worstall).
You do the math. Now, won't you sleep better at night, knowing that fact?
Existing wells are inspected maybe once every five to ten years. The ODNR reps, admited that, essentially, they wait for someone to call with a problem before returning to inspect existing wells. They just dont have time to do regular safety inspections of existing wells.
While it has regulations allowing oil wells to be drilled right in the middle of residential neighborhoods, ODNR does not have any regulations requiring regular, systematic checks of functioning wells once they are installed, to protect the neighbors who live near the wells.
ODNR.
Existing wells are inspected maybe once every five to ten years. The ODNR reps, admited that, essentially, they wait for someone to call with a problem before returning to inspect existing wells. They just dont have time to do regular safety inspections of existing wells.
While it has regulations allowing oil wells to be drilled right in the middle of residential neighborhoods, ODNR does not have any regulations requiring regular, systematic checks of functioning wells once they are installed, to protect the neighbors who live near the wells.
ODNR.
I'm beginning to believe that, with regard to drilling companies, it stands for:
Oh, Do Not Regulate.
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