Lawyer: Dimock water unsafe; deliveries should go on
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By Laura Legere (Staff Writer)
Published: November 5, 2011
Attorneys for Dimock Twp. families suing a natural gas driller over contamination claims are asking the state’s chief oil and gas regulator to reverse his decision allowing fresh water deliveries to the families to end.
Tate Kunkle, a lawyer representing the 11 families in a suit against Cabot Oil and Gas Corp., wrote to the head of the Department of Environmental Protection’s Office of Oil and Gas Management on Thursday to rebut Cabot’s claim that the families’ well water is safe and that proposed treatment systems work.
He cited tests over the past 22 months showing elevated levels of lead, aluminum, iron, toluene, methane and manganese in some of the water supplies, as well as detection of chemicals found in synthetic sands, hydraulic fluid and antifreeze that “are not naturally occurring and that are associated with natural gas drilling.”
“The fact is that the water in the Dimock/Carter Road Area remains unsafe for drinking, even with Cabot’s proposed ‘whole house treatment system,’ ” Mr. Kunkle wrote.
The DEP determined that faulty Cabot Marcellus Shale wells allowed methane to seep into aquifers in the Susquehanna County township, a finding the company disputes. Families have been relying on deliveries of fresh bottled and bulk water for drinking, bathing and cooking for nearly three years.
On Oct. 19, the agency found that Cabot had met the obligations necessary to end delivery of the water supplies outlined in a December settlement between Cabot and DEP. The settlement was reached after the Rendell Administration abandoned plans to build a public waterline to the homes and sue Cabot for the costs.
Those obligations included funding escrow accounts for 19 affected families with twice the tax-assessed value of their properties and offering to install methane-removal systems in the homes. The obligations did not include restoring the residents’ well water to its original quality or reducing levels of dissolved methane in the aquifer.
A DEP spokeswoman referred to a recent letter to the editor published by DEP Secretary Michael Krancer in the (Chambersburg) Public Opinion for his comments on the issue.
Mr. Krancer wrote that Cabot met the requirements outlined in the December agreement “and the law, in turn, requires DEP to follow its obligations – which we have done.
“The real issue here is not safety,” he continued. “It’s about a very vocal minority of Dimock residents who continue to demand that taxpayers should foot the bill for a nearly $12 million public waterline along Route 29 to serve about a dozen homes.”
Cabot argues that the methane in Dimock water supplies occurs naturally and is not a result of its gas-drilling activities. It has produced data showing naturally occurring methane is detectable in 80 percent of Susquehanna County water supplies.
The company plans to stop the fresh water deliveries on or before Nov. 30.
Cabot spokesman George Stark said Friday that the company is reviewing Mr. Kunkle’s letter. “Cabot continues to fully cooperate with the DEP regarding our operations,” he said.
In his letter, Mr. Kunkle quoted email messages from a Dimock resident who accepted a Cabot treatment system and found it failed to treat turbidity and metals in her water.
Mr. Kunkle accused Cabot of misrepresenting or selectively reporting water-quality test results and charged DEP with colluding with and “coddling” Cabot while abandoning the regulatory requirement for drillers to restore or replace tainted water supplies.
“To be sure, PADEP has taken a stance: profits of a private corporation from Texas are more important than the constitutional right to pure water of the Commonwealth’s residents,” he wrote.
Contact the writer: llegere@timesshamrock.com