Marcellus Drill Cutting Waste Marcellus Drill Cutting Waste

Legislation Legislation UpdateUpdate

May 7, 2014May 7, 2014Berkeley County Solid Waste AuthorityBerkeley County Solid Waste Authority

Thank You !Thank You ! Silas Taylor – Legal Counsel, former Silas Taylor – Legal Counsel, former

Senior Attorney General at WV Attorney Senior Attorney General at WV Attorney General’s Office.General’s Office.

Bill Hughes – Chairman, Wetzel County Bill Hughes – Chairman, Wetzel County SWASWA

Mark Holstine – Executive Director, West Mark Holstine – Executive Director, West Virginia Solid Waste Management BoardVirginia Solid Waste Management Board

Basic ViewBasic View

Marcellus Shale

Expected Productive AreaExpected Productive Area

Public Opinion News – Chambersburg Public Opinion News – Chambersburg Pa.Pa.

http://www.publicopiniononline.com/http://www.publicopiniononline.com/localnews/ci_17246940localnews/ci_17246940

What is Marcellus drill cutting What is Marcellus drill cutting waste? waste?

How did we get here?How did we get here? On December 14, 2011, the Horizontal Well On December 14, 2011, the Horizontal Well

Control Act requires the landfilling of drill Control Act requires the landfilling of drill cutting waste.cutting waste.

WV-DEP Memo – January 11, 2013WV-DEP Memo – January 11, 2013 WV-DEP Memo – February 21, 2013WV-DEP Memo – February 21, 2013 WV-DEP Memo – July 26, 2013WV-DEP Memo – July 26, 2013

Most solid waste authorities not notified of Most solid waste authorities not notified of memo’s until November, 2013.memo’s until November, 2013.

What did the WV-DEP memo’s What did the WV-DEP memo’s do?do?

Advises landfills of two options for Advises landfills of two options for handling Marcellus waste:handling Marcellus waste:

Option 1: Follow laws to convert to Option 1: Follow laws to convert to Class A.Class A.

Option 2: Construct an unlimited Option 2: Construct an unlimited tonnage special cell.tonnage special cell.

To qualify for Option 2 To qualify for Option 2 (under the memo’s): (under the memo’s):

Apply to the WV-DEP for a permit modification to Apply to the WV-DEP for a permit modification to construct a separate cell prior to December 31, 2013.construct a separate cell prior to December 31, 2013.

Apply to the WV-PSC for a CoN by June 11, 2013.Apply to the WV-PSC for a CoN by June 11, 2013. Complete construction of the special cell by September Complete construction of the special cell by September

30, 2014.30, 2014. Leachate generated by special cell must be kept Leachate generated by special cell must be kept

separate from normal leachate.separate from normal leachate. Landfills without special cells can continue to accept Landfills without special cells can continue to accept

Marcellus waste but cannot exceed its tonnage caps.Marcellus waste but cannot exceed its tonnage caps. Pay all State and local tipping fees.Pay all State and local tipping fees. Other construction and handling requirements.Other construction and handling requirements.

Where does the leachate Where does the leachate go? go?

December 11, 2013 Public HearingDecember 11, 2013 Public Hearing

Berkeley County Comprehensive Litter and Berkeley County Comprehensive Litter and Solid Waste Control Plan Solid Waste Control Plan

Dominant comment from the public asked Dominant comment from the public asked for ban on landfilling of Marcellus drilling for ban on landfilling of Marcellus drilling waste in Berkeley County.waste in Berkeley County.

Update: county solid waste plans cannot Update: county solid waste plans cannot ban waste.ban waste.

Landfill bans are implemented by an act of Landfill bans are implemented by an act of the Legislature.the Legislature.

BCSWA ResolutionBCSWA Resolution

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.

2014 Special Session2014 Special Session HB107 / SB1007– introduced by HB107 / SB1007– introduced by

Governor Tomblin. Governor Tomblin. Nearly identical to final HB 4411.Nearly identical to final HB 4411. HB107 introduced and passed on March HB107 introduced and passed on March

14, 2014.14, 2014. Effective on March 14, 2014.Effective on March 14, 2014.

What does HB107 do?What does HB107 do? Codified WV-DEP memo’s.Codified WV-DEP memo’s. Created unlimited tonnage separate cells Created unlimited tonnage separate cells

dedicated for drilling waste within certain dedicated for drilling waste within certain existing municipal solid waste landfills.existing municipal solid waste landfills.

WV-DEP shall promulgate rules to WV-DEP shall promulgate rules to establish toxin limits for heavy metals, establish toxin limits for heavy metals, benzene, toluene, xylene, barium, benzene, toluene, xylene, barium, chlorides, radium and radon. chlorides, radium and radon.

What does HB107 do What does HB107 do (more) ?(more) ?

Landfills without special cells can Landfills without special cells can continue to accept Marcellus waste but continue to accept Marcellus waste but cannot exceed its tonnage caps.cannot exceed its tonnage caps.

Requires WV-DEP to present a leachate Requires WV-DEP to present a leachate study before 7/1/2015, andstudy before 7/1/2015, and

Requires WV-DEP to complete an Requires WV-DEP to complete an economic feasibility study of establishing economic feasibility study of establishing separate disposal locations. separate disposal locations.

What does HB107 do What does HB107 do (more) ?(more) ?

Requires WV-DEP to study alternative Requires WV-DEP to study alternative disposal for reuse, such as fill material.disposal for reuse, such as fill material.

Creates Gas Field Highway Repair and Creates Gas Field Highway Repair and Horizontal Drilling Waste Study Fund- Horizontal Drilling Waste Study Fund- New $1/per ton tipping fee to fund $750K New $1/per ton tipping fee to fund $750K for study and road improvements near for study and road improvements near landfills accepting Marcellus waste.landfills accepting Marcellus waste.

What does HB107 not do?What does HB107 not do? The bill does not prohibit the landfilling of The bill does not prohibit the landfilling of

Marcellus waste in a county that contains Marcellus waste in a county that contains karst.karst.

Retain local control on tonnage caps – Retain local control on tonnage caps – Appear to have taken local control from Appear to have taken local control from Wetzel County SWA regarding landfill Wetzel County SWA regarding landfill tonnage caps.tonnage caps.

No local public hearing or review.No local public hearing or review.

To qualify for the To qualify for the separate unlimited separate unlimited tonnage cell:tonnage cell:

1) Must have requested or obtained a WV-PSC Certified of Need 1) Must have requested or obtained a WV-PSC Certified of Need on or before March 8, 2014.on or before March 8, 2014.

2) Must have a WV-DEP permit modification to construct a 2) Must have a WV-DEP permit modification to construct a separate cell pending prior to December 31, 2013.separate cell pending prior to December 31, 2013.

3) Install radiation monitors by January 1, 2015.3) Install radiation monitors by January 1, 2015.

4) Special cell cannot be located in a county that is, in whole or in 4) Special cell cannot be located in a county that is, in whole or in part, within a karst region.part, within a karst region.

West Virginia Karst AreasWest Virginia Karst Areas

Eastern Panhandle Karst Eastern Panhandle Karst AreasAreas

Landfills that seem to qualify for the Landfills that seem to qualify for the special cell under HB107special cell under HB107

                        

 

 

Map Number

Class Facility Name Owner County City Permit Limit Tons/Month

Non-Marcellus Capacity Years**

   1 A Brooke/Valero Mascaro Brooke Colliers 20,000 30  

 2 A Short Creek Allied/

RepublicOhio Wheeling 30,000

51  

 3 B Wetzel Mascaro Wetzel New

Martinsville9,999

100  

 4 A Meadowfill Waste

ManagementHarrison Bridgeport 30,000

70  

 

7 A Northwestern Waste Management

Wood Parkersburg 30,000 Not Stated  

                             * Map is 4-1 of the 2013 West Virginia Solid Waste Management Plan  

 ** Based on data from the 2013 West Virginia Solid Waste Management Plan  

                                

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

Cookman AmendmentCookman Amendment ““provided, That a commercial solid waste facility that is provided, That a commercial solid waste facility that is

located in a county that is, in whole or in part, within a located in a county that is, in whole or in part, within a karst region as determined by the WV Geologic and karst region as determined by the WV Geologic and Economic Survey may not lawfully receive drill cuttings Economic Survey may not lawfully receive drill cuttings and drilling waste generated from horizontal well sites.”and drilling waste generated from horizontal well sites.”

Passed Senate Judiciary Committee unanimously.Passed Senate Judiciary Committee unanimously. But, was not included in HB107.But, was not included in HB107.

Questions ??