Crowd raises concerns, questions over proposed waste water disposal well

The news that Chesapeake Appalachia has applied for permits to convert a depleted gas well to a disposal site for waste water from natural gas drilling drew a large audience to last week’s Pulteney Town Board meeting.

For nearly an hour at the beginning of the meeting, Town Supervisor Bill Weber fielded comments and questions from people who came from around Keuka Lake to share their concerns about the impact the disposal site might have.

They came to Pulteney from Jerusalem, Milo, Barrington, Urbana and other areas and when more than 50 people packed the room, the crowed spilled over into the foyer.

Their concerns were sprouted by the application process that’s been underway since last fall, and some said they feel the issue has been kept out of the public eye in an attempt to avoid conflict and opposition.

But Weber said he was glad to see the public interest. “We have no idea what the DEC (New York State Department of Environmental Conservation) is thinking about,” Weber explained, noting that his intends to recuse himself from the local process because of his financial interests with Chesapeake.

He said other Pulteney officials are likely to have conflicts that will prevent them from participating in the local decision making process.

“We’re going to keep it clean and open, it’s as simple as that. Trust us. We’re here to do what’s right according to the environment, the law and the people; whatever it takes,” said Weber.

Still, questions about the length of time it’s taken for the issue to come to light locally came up.
Melanie Steinberg of Jerusalem showed a 119-page application Chesapeake filed with the Underground Injection Control Program of the U.S. Environmental Protection Agency in October 2009, and said, “It’s been around for a while, and it’s been under the radar and it adds to the discomfort.”

She told Weber it appears the DEC is trying to “steamroll” the project.

But Town Attorney John Leyden explained typically, a state environmental review isn’t initiated until federal agency requirements are satisfied. “It could take years for the SEQR (state environmental quality review) to be complete. Pulteney cannot issue any permit until SEQR is complete,” he said.

Weber says what brought the issue to the town’s attention is the application for a State Pollutant Discharge Elimination System (SPDES).

That process requires the DEC to seek permission from the town and other interested agencies to be designated as the “lead agency.” A Dec. 18 letter to the town and other state, Steuben County and federal agencies seeks that approval, and noted the designation must be made within 30 days.

But communication between the Weber, a representative from  ALL Consulting of Oklahoma (the company hired by Chesapeake to prepare the necessary applications for the project) and the town’s code enforcement officer, Lauren Welch, dates back to at least Sept. 22, 2009.
Others attended last Wednesday’s meeting to voice concerns about protection of the Keuka Lake watershed and the local highways and vistas.

Robert Corcoran, president of the Keuka Lake Association, said, “We’re not on either side of the issue. We want to make sure whatever is done is done very carefully because the ramifications of what is done are significant for a very long period of time.”

Corcoran said he would be surprised if a multi-national company like Chesapeake would not do “due diligence” on a local level, but he noted, “They have been under the radar screen locally. Do you think New York City would consider having this within a mile of their reservoirs?”

Joyce Hunt, co-owner of Hunt Country Vineyards in Jerusalem pointed out that Steuben County Route 78 is one of the main roads on the Keuka Lake Wine Trail.

She said she and other winery owners are concerned about the impact of heavy truck traffic on the road and on tourism.

As the DEC works through the SEQR process, official public hearings will be held and formal commenting from the public will be encouraged.

On a local level, Weber says Chesapeake will need to apply to the town’s planning board for a special use permit to operate the disposal well.

He says there are members of the planning board who may recuse themselves because of connections to Chesapeake.

Bill Laffin, chair of the Milo Town Zoning Board of Appeals, and chair of the Keuka Lake Association's Water Quality Committee, suggested Pulteney officials consider putting a moratorium on the development of disposal wells in the town to allow time for developing regulations. 

The Pulteney Planning Board’s next regular meeting is 7 p.m. Feb. 8.