Time may be on the side of opponents to the waste water disposal well proposed for a site near Pulteney on Keuka Lake’s west side.
Federal and state officials say there is no specific timeline for reviewing applications and environmental documents for the well for the disposal of waste water containing salts, chemicals and perhaps even radiation from the hydraulic fracturing process used in natural gas exploration.
The clock may not be ticking at all right now because state officials are seeking more information from Chesapeake Energy, the company that proposed disposing of waste water from natural gas exploration in an inactive 6,900 ft. deep well.
Linda Vera, a spokesperson for the New York State Department of Environmental Conservation (DEC) explains, “It is difficult to determine the length of time the permitting process with take as there are many variables in the process that have not been pinned down.”
She says the DEC will be sending a Notice of Incomplete Application to Chesapeake, seeking additional information. That, she says, stops the process.
“The regulatory clock stops until the company submits a response to this request. Once a resubmittal is received, the department will resume the regulatory time frames in accordance with the Uniform Procedures Act (UPA). Once the application is deemed to be complete per the UPA, a public notice will be submitted to a newspaper requesting public comments and providing the dates of the public comment period which will run for 30 days. If the department receives significant public interest and comments, a hearing will be held and the public comment review period will be extended in accordance with UPA. The final decision must be made within 60 days after receipt of the complete Hearing Record.”
Chesapeake submitted an application to the New York State Department of Environmental Conservation (DEC) for a State Pollutant Discharge Elimination System (SPDES) permit for the same project.
Vera also says, “The project is in its preliminary stages. The public will have ample opportunities to be involved as the project continues.”
She also notes that as the process continues, additional entities may be identified as involved and interested agencies. She explains that an involved agency is one that has jurisdiction to fund approve or undertake an action. An interested agency does not have jurisdiction over funding or decisions, but wishes to participate because of specific expertise or concern about a proposed action.
Some people have questioned why the Keuka Watershed Improvement Compact, Keuka Lake Association and other organizations were not identified as interested agencies on the DEC documents sent to Pulteney Town officials in December.
