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Marcellus Drill Cutting Waste Legislation Update May 7, 2014

Marcellus Drill Cutting Waste Legislation Update May 7, 2014. Berkeley County Solid Waste Authority. Thank You !. Silas Taylor – Legal Counsel, former Senior Attorney General at WV Attorney General’s Office. Bill Hughes – Chairman, Wetzel County SWA

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Marcellus Drill Cutting Waste Legislation Update May 7, 2014

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  1. Marcellus Drill Cutting Waste Legislation UpdateMay 7, 2014 Berkeley County Solid Waste Authority

  2. Thank You ! Silas Taylor – Legal Counsel, former Senior Attorney General at WV Attorney General’s Office. Bill Hughes – Chairman, Wetzel County SWA Mark Holstine – Executive Director, West Virginia Solid Waste Management Board

  3. Basic View

  4. Marcellus Shale

  5. Expected Productive Area

  6. Public Opinion News – Chambersburg Pa. http://www.publicopiniononline.com/localnews/ci_17246940

  7. What is Marcellus drill cutting waste?

  8. How did we get here? • On December 14, 2011, the Horizontal Well Control Act requires the landfilling of drill cutting waste. • WV-DEP Memo – January 11, 2013 • WV-DEP Memo – February 21, 2013 • WV-DEP Memo – July 26, 2013 • Most solid waste authorities not notified of memo’s until November, 2013.

  9. What did the WV-DEP memo’s do? Advises landfills of two options for handling Marcellus waste: Option 1: Follow laws to convert to Class A. Option 2: Construct an unlimited tonnage special cell.

  10. To qualify for Option 2 (under the memo’s): Apply to the WV-DEP for a permit modification to construct a separate cell prior to December 31, 2013. Apply to the WV-PSC for a CoN by June 11, 2013. Complete construction of the special cell by September 30, 2014. Leachate generated by special cell must be kept separate from normal leachate. Landfills without special cells can continue to accept Marcellus waste but cannot exceed its tonnage caps. Pay all State and local tipping fees. Other construction and handling requirements.

  11. Where does the leachate go?

  12. December 11, 2013 Public Hearing • Berkeley County Comprehensive Litter and Solid Waste Control Plan • Dominant comment from the public asked for ban on landfilling of Marcellus drilling waste in Berkeley County. • Update: county solid waste plans cannot ban waste. • Landfill bans are implemented by an act of the Legislature.

  13. BCSWA Resolution

  14. 2014 Regular Legislative Session: • Four bills introduced: • HB3075 – Del(s): Nelson, Storch, Ferns, Diserio, Evans, Ferro, Jones, Swartzmiller, Miley, Morgan.HB4411- Del(s): Phillips, Ashley, Barker, Craig, Eldridge, Evans, Ferro, Hamilton, Skaff. • SB474 – Sen(s): Cann, Beach, Hall, Edgell, Kirkendoll, Plymale. • SB594 – Sen(s): Unger, Cann, Kessler.

  15. 2014 Special Session HB107 / SB1007– introduced by Governor Tomblin. Nearly identical to final HB 4411. HB107 introduced and passed on March 14, 2014. Effective on March 14, 2014.

  16. What does HB107 do? Codified WV-DEP memo’s. Created unlimited tonnage separate cells dedicated for drilling waste within certain existing municipal solid waste landfills. WV-DEP shall promulgate rules to establish toxin limits for heavy metals, benzene, toluene, xylene, barium, chlorides, radium and radon.

  17. What does HB107 do (more) ? Landfills without special cells can continue to accept Marcellus waste but cannot exceed its tonnage caps. Requires WV-DEP to present a leachate study before 7/1/2015, and Requires WV-DEP to complete an economic feasibility study of establishing separate disposal locations.

  18. What does HB107 do (more) ? Requires WV-DEP to study alternative disposal for reuse, such as fill material. Creates Gas Field Highway Repair and Horizontal Drilling Waste Study Fund- New $1/per ton tipping fee to fund $750K for study and road improvements near landfills accepting Marcellus waste.

  19. What does HB107 not do? The bill does not prohibit the landfilling of Marcellus waste in a county that contains karst. Retain local control on tonnage caps – Appear to have taken local control from Wetzel County SWA regarding landfill tonnage caps. No local public hearing or review.

  20. To qualify for the separate unlimited tonnage cell: 1) Must have requested or obtained a WV-PSC Certified of Need on or before March 8, 2014. 2) Must have a WV-DEP permit modification to construct a separate cell pending prior to December 31, 2013. 3) Install radiation monitors by January 1, 2015. 4) Special cell cannot be located in a county that is, in whole or in part, within a karst region.

  21. West Virginia Karst Areas

  22. Eastern Panhandle Karst Areas

  23. Landfills that seem to qualify for the special cell under HB107

  24. Landfills that qualify to accept Marcellus drill cutting waste in the regular MSW cell.

  25. Cookman Amendment “provided, That a commercial solid waste facility that is located in a county that is, in whole or in part, within a karst region as determined by the WV Geologic and Economic Survey may not lawfully receive drill cuttings and drilling waste generated from horizontal well sites.” Passed Senate Judiciary Committee unanimously. But, was not included in HB107.

  26. Questions ??

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