PA DEP Takes Aggressive Action and Fines $240,000 after Cabot Fails to Fix Gas Migration into Ground Water and Wells » Environmental Litigation Lawyer New York
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PA DEP Takes Aggressive Action and Fines $240,000 after Cabot Fails to Fix Gas Migration into Ground Water and Wells

By William J. Dubanevich - Last updated: Wednesday, September 22, 2010 - Save & Share - Leave a Comment

Cabot Oil & Gas Corp., of Houston, TX, faces severe penalties from the Pennsylvania Department of Environmental Protection (DEP) after the company failed to correct problems regarding Susquehanna County water supplies polluted by migrating gas from Cabot’s natural gas drilling operations.

“Gas migration is a serious issue that can have dire consequences to affected communities and we will not allow Pennsylvania’s citizens to be put in harm’s way by companies that chose not to follow the law,” said DEP Secretary John Hanger in a news release yesterday.

In 2009, the Pennsylvania DEP investigated complaints of natural gas in water supplies by Dimock Township residents and an explosion of a water well in a resident’s yard. DEP inspectors discovered well casings on some of Cabot’s natural gas wells cemented improperly or insufficiently, allowing methane gas to migrate to groundwater.

A November 2009 consent order and agreement between Cabot and the DEP required the gas company to fix defective cement and well casings on certain wells or plug defective wells by a March 31, 2010 deadline. The agreement also required Cabot to restore or replace those affected water supplies permanently. Cabot paid a 120,000 civil penalty for violations of the Oil and Gas Act, the Solid Waste Management Act and the Clean Streams Law.

Because Cabot has failed to comply with the 2009 consent order and agreement, the DEP has taken action to enforce environmental laws and protect the public in Susquehanna County.

Under today’s consent order and agreement, Cabot must plug three wells within 40 days believed to be the source of migrating gas that has contaminated groundwater and the drinking water supplies of 14 homes in the region. It must also install permanent treatment systems in those homes within 30 days.

Until Cabot fulfills its obligations, the DEP has suspended review of any pending permit applications for new drilling activities statewide. The DEP also barred the company from drilling any new wells for at least one year in the Dimock Township area.

Cabot paid a $240,000 fine to the commonwealth and must pay $30,000 per month beginning in May until DEP has determined that the company has met its obligations under the 2009 order.

“Cabot had every opportunity to correct these violations, but failed to do so. Instead, it chose to ignore its responsibility to safeguard the citizens of this community and to protect the natural resources there,” said John Hanger. “I have ordered that all of Cabot’s permit applications for further drilling in any region of the state be put on-hold, indefinitely, until the region’s homeowners receive their new water treatment systems, the fines are paid, and the wells are plugged.

“Companies drilling in the Marcellus Shale have the legal responsibility to design and construct their wells to keep all gas contained within the wells and to prevent gas from moving into fresh groundwater. These standards are not mere suggestions or recommendations,” Hanger said. “Oil and gas companies doing business in Pennsylvania will follow the environmental rules and regulations put in place to protect citizens and our natural resources or face aggressive action by this department.”

Environmental hazards can cause serious illnesses or even death among children and adults living in areas where there is pollution, toxic spillage, chemical seepage, improper waste disposal and other environmental issues. Because the companies that cause these hazards often have excellent attorneys and a lot of money available for fighting claims, it is important that you hire an attorney immediately if you feel that an environmental hazard caused your illness or the illness of a family member. Call Napoli Bern Ripka LLP today at 888-529-4669 to discuss your legal options.

Sources:

http://www.portal.state.pa.us/portal/server.pt/community/news_releases/14288