| Action | Expanding disclosure of ingredients used in well stimulation & completion & reviewing best practices |
| Stage | Proposed |
| Comment Period | Ended on 12/4/2015 |
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King George County Joshua Colwell, Chairman
Planning Commission Karla Frank, Vice Chairman
10459 Courthouse Drive, Suite 104
King George, VA 22485
540-775-7111 (Office)
Memorandum
TO: Michael A. Skiffington, Policy and Planning Manager, Dept. of Mines, Minerals and Energy
FROM: Josh Colwell, King George County, Virginia Planning Commission Chairman
DATE: December 4, 2015
SUBJECT: Comments on DMME Draft Regulations on Oil and Gas Drilling
Dear Mr. Skiffington,
Thank you for the opportunity to provide comments on this issue which is of great importance to the Citizens of King George County, Virginia. At the November 2, 2015 Public Hearing hosted by the UMW Dahlgren campus, King George County Planning Commission Chairman Josh Colwell spoke on behalf of the Planning Commission and provided comments for the record.
The King George County, Virginia Planning Commission would like to reiterate those comments and provide them in writing to the DMME.
In 2014, the King George County Board of Supervisors requested the Planning Commission to review the existing County Ordinances and provide a report with recommendations on strengthening the Ordinances regarding oil and gas drilling. The Planning Commission reviewed the County ordinances related to oil and gas drilling under its authority to regulate local land use pursuant to Va. Code § 15.2-2280. The Planning Commission completed the review and provided its primary recommendation with 2 additional options to the Board of Supervisors. Those recommendations have been incorporated into proposed Ordinance Amendments which are in a draft state pending further review and action by the Board of Supervisors.
During the Ordinance review, the Planning Commission discussed concerns with several additional issues related to oil and gas drilling which are clearly outside its authority but are within the jurisdiction of DMME. Those issues along with the concerns raised by the Planning Commission are as follows;
1. Disclosure of Chemicals used in Oil and Gas Drilling
The Planning Commission discussed this issue at length and felt that there must be full disclosure of all chemicals used during all phases of oil and gas drilling and production. This is especially important in the Tidewater region where there will be drilling in close proximity to, or through the aquifer. In the event that there is contamination to the aquifer, there must be full knowledge of all chemical used. Additionally, in the event of chemical spills or industrial accidents, victims and first responders must have full knowledge of all chemicals used. Disclosure of all chemicals can be accomplished by any means including the use of NDA’s or PIA’s.
2. Open Pits
The Planning Commission discussed this issue at length and felt that open pits should not be permitted in the Tidewater region and that only closed storage should be allowed. The main reasons are the risks of contamination from overflow and/or breaching of the pit resulting in exposure to chemicals. Additionally, it was felt that open pits should not be permitted because the typical reclamation methods used (on open pits) are not desirable in the Tidewater region due the proximity to the Bay, its rivers, tributaries, streams, and extensive marsh and wetland habitats.
3. Different regulations in different parts of the state
The Planning Commission felt that the Tidewater region is different than other parts of the state and that different regulations should apply. The Tidewater region is part of the coastal plain and is criss-crossed by bay’s, rivers, tributaries, and extensive wetland networks, and is very different geology than Western Virginia. For these reasons, the Tidewater region should have unique regulations.
4. Bond Requirements for oil and gas drilling
The Planning Commission discussed this issue at length and felt that felt that the existing minimum Bond value of $25,000 is wholly inadequate given the unique nature of the Tidewater region and the underlying aquifer. Since the aquifer is such a vital resource, its contamination by oil and gas drilling would have devastating and dire consequences which would be irreversible. Since the value of the aquifer is “priceless”, bond requirements should at a minimum be in the Millions (10’s-100’s of millions?) or Billions.
5. Baseline Water Testing
The Planning Commission discussed this issue and felt that felt that there should be more rigorous baseline water testing and monitoring. Testing should be performed by certified testers which are independent from the Oil and Gas companies.
6. Wastewater Disposal
The Planning Commission discussed this issue and felt that there should be tightened regulations governing the disposal of oil and gas drilling wastewater, or any liquid waste. The disposal of liquid wastes from oil and gas drilling should be further regulated and the spreading of these materials on roadways, forests, and agricultural land should not be permitted.
7. Compressor Stations, Processing Facilities, Scrubbers
The Planning Commission discussed this issue and felt that there should be tightened regulations governing the siting, hours of operation, noise limits, and lighting of Compressor Stations, Processing Facilities, and Scrubbers used in the exploration and production of oil and gas in the Tidewater region.
The King George County Planning Commission would like to thank the DMME for the opportunity to provide comments on this issue which is of great importance to the Citizens of King George County, Virginia. Please contact us if there are questions or if anything additional is required.
Respectfully Submitted,
Joshua L. Colwell
Planning Commission Chairman
King George County, Virginia
