State Senator proposes new bill, could increase penalties for waste dumping from fracking

State Senator Joe Schiavoni has introduced new legislation in mid-October to address the illegal dumping of brine to protect the environment. Senate Bill 217 would raise the penalties for knowingly disposing oil and gas wastes illegally to the levels found in the Clean Water Act.  

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“We proposed a change to make those state laws giving the same compliance as the federal laws pertaining to illegal dumping,” Schiavoni said. “Just try to make sure that we tightened up our state laws when it comes to illegal dumping of those fluids.”

With the boom of the oil and gas industry, Ohio has seen a dramatic rise in Class II salt water disposal permitting activity since(listen to Mary Greer from Concerned Citizens Ohio Discuss Dangers) 2010. Class II wells have increased from 161 to 240 permitted wells.

Ohio now has 218 active injection wells(listen), 18 being drilled or completed and 19 permitted for oil and gas waste, as shown on the map released in April by the Ohio Department of Natural Resources (ODNR).

*Source: Ohio Oil and Gas Association

The increased penalties would include a felony and several additional consequences for each violation:

• First offense: a fine of $10,000 – $50,000 or imprisonment for 3 years
• Subsequent offenses: a fine of  $20,000 – $100,000 or imprisonment for 6 years

Senate Bill 120 would also do the following:

• Require all individuals who apply for a permit to register with the Division of Oil and Gas.
• Authorize the Chief of the Division of Oil and Gas to suspend activities authorized under a permit issued by their office for drilling, injection or brine transportation if it is found that the owner or someone employed by that operation has committed a substantial violation.

◦ Provides a timeframe for the problems to be corrected.

• Authorize the Chief of the Division of Oil and Gas to refuse to issue a new permit for an applicant who has failed to comply with an order to fix a substantial violation.

◦ And prevents an applicant from circumventing this refusal by applying under a different name or business.

• The Chief of the Division of Oil and Gas will also have the power to permanently revoke any permit issued to a person found guilty, and to deny any future application by the person for a permit.

According to the Senate Bill 46 in 2013, the previous penalty for those convicted of illegal brine dumping could face fines of up to $50,000 and three-year prison terms, now increased up to $100,000 or imprisonment for 6 years

“Five years ago there was a guy who owned a budget disposal well and owned some companies that were tied to the disposal of fracking waste,”  Schiavoni said. “And he had instructed some of his employees to legally dump that brine rather that it’s supposed to get in the way that you are supposed to do.”

Shawn Bennett, executive vice president of the Ohio Oil and Gas Association, is against the bill and said it could result in producers being shut down.

“There’s no need for a new bill because the law already works,” Bennett said. “People can already face fines and imprisonment because dumping waste into waterways is in violation of the Clean Water Act.”

Schiavoni started to work on legislation to crack down on illegal dumping of brine in 2013, to hold companies and individuals legally accountable for dump oilfield brine.

“Being a member of the minority party in the Senate oftentimes they don’t pass the bill, just keep pushing the issue until the majority party takes the issue,” Schiavoni said. “I think it’s important for everybody to make sure that we have protection in place for our environment even if they don’t want to pass my bill with my name on it. Somebody will pass essentially.”

*Source: Ohio Oil and Gas Association

Schiavoni believes this bill will not hinder oil and gas exploration throughout eastern and northeastern Ohio. It will simply make clear that intentional incidents of improper disposal will not be tolerated and will have serious consequences.
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“I have to make sure that you have the protections in place when you’re talking about dealing with our clean water and dealing with drinking water and dealing with recreational lakes and rivers across the state,” he said. “If we’re going to have bad actors in this, they should be shut down.”

http://https://www.documentcloud.org/documents/4237645-Image-1.html

State Senator proposes new bill, could increase penalties for waste dumping from fracking https://t.co/qC9cQ3QLDZ #JMCRPP

— Ty (@Tianyuksu) November 15, 2017

Senator proposes new bill that plans to increase penalties for brine dumping #JMCRPP https://t.co/p1YTpRbrnN

— Olivia Minnier (@minnier_olivia) November 15, 2017

State Senator Joe Schiavoni proposed new legislation to increase penalties on illegal waste dumping from fracking. Check out my latest here. #JMCRPPhttps://t.co/fRt4ZMo6jk

— Brandon Bounds (@brandonbounds_) November 15, 2017

Words: Tianyu Yang

Audio/Documents: Olivia Minnier

Data and Graphics: Brandon Bounds