Replies to This Discussion

Permalink Reply by Ben Elmore on April 13, 2011 at 4:50

Statewide Rule 9 governs saltwater disposal wells.   An operator must apply to the RRC for a permit and give notice to all adjoining landowners and the surface owners of the subject tract.  Each landowner has the right to file a protest within 15 days, but bears the burden of proof  who can protest.  There is no specific spacing requirement like there is under Rule 37.   There are attorneys in Austin that specialize in practicing before the RRC.  You will need to hire one in order to present a good case to the RRC. 

Permalink Reply by dbob on April 13, 2011 at 5:56

Jffree

The surface casing required by the TCEQ/RRC should protect your water wells. However, I would strongly suggest you have them tested to establish a baseline. You'll also want to know the depth to water, total depth of your well, date of installation, etc. It is unlikely that the oeprator will agree to pay for the testing.

You may want to follow-up with the TCEQ region to determine if an air permit is required for the site, and obtain/maintain an odor log. An electronic recording weather station that records windspeed, direction, and temperature might also be a good investment.

Next up, I would suggest taking and testing oil samples down gradient of the well site, specifically to test the sodium and chloride concentrations in the soil. You'll want enough samples to determine what your local background concentration is for these chemicals. The NRCS may be able to help you get this set up.

Permalink Reply by jffree1 on April 18, 2011 at 14:12

dbob, thanks for the suggestions.  Yep, the operator has already declined my suggestion that they pay to have our wells tested.  What I need now is more information as to who to contact about having the wells tested to establish a baseline on them (and what it will cost). 

I have ample faith in the TCEQ rules re:surface casings but I do know they can leak.  That is the only thing we are concerned about because we are down-slope from the well site... but then so is Lake Rayburn.

Thanks for your help.

 

 

Permalink Reply by dbob on April 18, 2011 at 15:28

Jffree

 

First up, I'd suggest Ana-Lab, in Kilgore, TX as a potential water testing company, or any number of consulting firms in Nacogdoches, Center, or Longview.  If you google Ana-lab, make sure to put the "-" in the name, or that your significant other isn't watching....  AWWS out of Hallsville can probably also do the the testing, or possibly SPL out of Carthage.  

 

Alternatively, you might talk to Kelly Holcombe with the Angelina and Neches River Authority, (ANRA) about having a test sent to their lab or who they would recommend, but in a pinch, go with Ana-Lab.  With any lab, it will be cheaper to have them sample if they are already in the area for work.  This can be pretty common, particularly if you can have some flexibility when meeting their tech.  Also, you'll want routine analysis - figure 10 days to see results.  You can have results in as little as 24 hours, but the costs tend to be much higher .  

 

Depending on what chemicals are run costs can start at a few hundred $ and go up from there.  I'd tend to go with a drinking water long list, + BTEX and methane, and don't run chlorine/chlorine residual.  If you are running samples from multiple wells, probably only BTEX and methane on one or two only.  If costs are an issue, I'd tend to go with sodium, potassium, calcium, magnesium, chloride, lead, dissolved iron, carbonate, bicarbonate, sulfate, pH, and coliform.  If money is no object, add CAB, bromide, iodine, strontium, lithium, BOD, COD, sulfite, sulfide, nitrate, nitrite, ammonium, a full 8260 VOC analysis

 

You can compare your data to data at the Texas Water Development Board 

http://www.twdb.state.tx.us/publications/reports/GroundWaterReports...

 

If coliform comes back positive, or there is already an odor issue with the wells, track down the Texas Cooperative Extension Service document regarding shock chlorination of water wells, or let me know and I'll send it to you.  This can treat any bugs that might naturally be present in the wells.  If coliform, retest after shocking, and a few weeks later to make sure it isn't an ongoing contamination issue.  

 

Make sure whoever samples the wells follows proper protocols - sample as close to the well bore as possible, wears gloves, places samples on ice, and fills out a chain of custody form.  If testing for coliform, the spigot should be sterilized with alcohol, or flamed with a torch prior to sampling.  The sample should ideally come from water in the well bore - if you have a demand tank, it should be drained and/or flushed with 2 tank volumes of water.  Make sure they take notes on how/what they do.  

 

Permalink Reply by jffree1 on April 18, 2011 at 17:12

WOW!  This all sounds really complicated!  I have never heard of an odor issue with any of these wells.  My grandmother owned one of them for 40 years and it was always good water.  But several of them have concrete cisterns or holding tanks and then they go through a pump, with a smaller tank, to the house. 

Thanks for taking the time to respond, dbob.  I appreciate the help.

 

Permalink Reply by mle on April 18, 2011 at 12:32

You do have recourse by filing a protest against the permit with the RRC.  It can be expensive to show up with data, but your water supply could be at stake.  You do have to be prepared to show up in Austin.  Last year some of our small community in Shelby County fought a permit and won...the well permit applicant did not show up and his site was denied.  Now it didn't hurt that we had a geologist report and an attorney with us who is known in the RRC circles, but if the applicant doesn't bother to show up you may win by default. 

Permalink Reply by jffree1 on April 18, 2011 at 14:26

mle, that is one thing I have a question about.  The operator is sending out copies of the well permit application and the instruction sheet for completing the application, by certified mail, but he didn't include a protest form or any contact information for the Railroad Commission and no sort of instruction for the landowner.  And, the permit isn't showing up on RRC yet.  So, my question, to those who know, is "when does the 15 day notice for protest begin to run?".  Does it start when the adjacent owners get his certified mail with the copy of application or does it start when RRC posts it on the website or otherwise notifies landowners of the application, along with the protest form?

I asked him if he wasn't getting the cart before the horse, sending out those letters before the application was filed and he said, "Oh, it is filed... it's just not on their website yet".

Ben has  recommended an attorney in Austin and talking to him is on my "to do" list for this week.