ODM Cannot See Ash Water Leaving Propery Line

On December 23, 2009, Bret Sholar, an environmental analyst with the Department of Mines, told Susan Hylton of the Tulsa World said: "I go out every month and haven't found a discharge. I walked the site the other day. I talked to the EPA inspector. Hopefully I can meet with him and see what he's talking about, because I cannot find any discharge."

 On December 18, 2009, Mary Ann Pritchard, director ODM said in a letter to Harlan Hentges:

Dear Mr. Hentges:

I am responding to your December 10, 2009 letter which was received on December 14, Your state more than once that the Department of Mines (ODM) has not been on site to investigate or inspect the site known as MMHF. The records shows otherwise. On more than on occasion, ODM has provided you with documents pertaining to MMHF at your request. These documents included reports of inspections conducted by ODM, including actions taken, as well as copies of all permits and revisions issued to the company by the ODM. ODM has taken action on issues within its jurisdictional areas. ODM representatives have and will always participate in meeting with other agencies to coordinate jurisdictional areas outlined in its statutory responsibilities. OEM will continue to monitor and inspect any location based on documentation or information provided by other agencies. We have been very transparent with our records and actions taken. I would point out to you the inspection reports dated as follows:

• February 11, 2009: Report indicates “All water utilized in ADC #1 for reclamation is being rerouted back to ADC #2-3 and not leaving the permit.”
• March 11, 2009: 3) “All water utilized in ADC #1 for reclamation is being rerouted back to ADC #2-3 and not leaving the permit.” 5) “A structure is being built that is designed to reduce the amount of ash dust that is airborne when the trucks empty.”
• April 21, 2009: Violations were issued for not supplying ODM with the additional Corporation Commission orders. ODM requires MMHF to discontinue usage until all data could be analyzed, which include OCC findings. It was pointed out in the report that the water was not leaving the permit. Further review of the reports indicates the ash was drilled and analyzed. A copy of the analysis was in the documentation you reviewed at the ODM’s office.
• May 19, 2009: Previous violations were abated and a request for quanity data was made.
• May 20, 2009: Dust abatement structure was witnessed and in operation and photographed. The report indicated significant rain has occurred on site. “However, no ash water can be visually detected leaving permit area.”
• June 30, 2009:The ash hopper was observed in operations. The report indicated “No ash water can be visually detected leaving the permitted area.”
• July 15, 2009: The report states: “No ash water can be visually detected leaving the site.”
• August 4, 2009: The report states: “No ash water can be visually detected leaving the site.”
• September 30, 2009: The report states: “No ash water can be visually detected leaving the site.” The report further stated the inspector is requesting data to review water usage.
• October 14, 2009: The report states: “No ash water can be visually detected leaving the site.”
• November 18, 2009: The inspector wrote a violation for not submitting the requested data from the previous inspection. The report further indicates “No ash water can be visually detected leaving the site.”
• December 16, 2009: Based on an Administrative Order issued to MMHF by EPA for contaminated discharges into Buck Creek, ODM’s inspector wrote a cessation order to the operator for failure to comply with effluent discharge standards (OAC 460:30-5-8 “Until this matter is resolved and subsequent ODM review of documentation from the EPA, no more produced water from oil and/or gas wells from an geologic zone or common source of supply shall be brought to the site.” This Cessation Order does not prohibit the placement of CCB’s on site utilizing the water available on location to work the ash or the continuing reclamation activities as directed by ODM.”

Contrary to your assertions in your December 10,2009, letter, an ODM inspector has been on site at least twelve (12) times since February. Also contrary to your assertions, violations and/or orders have been issued based on these inspections. As previously indicated, many of these inspection reports have been supplied to you for review. Copies of the above referenced reports are attached here as well. In late October you made a request for open records to be copied. Our records indicate you were notified that the material was ready for pick up. However, to date, these copies are still awaiting your retrieval.
 
The inspector has been in contact with other agencies concerning their respective jurisdictional issues. ODM received a copy of the EPA’s December 10 order and immediately our inspector went to the site. ODM does have rules in place for complaint investigations. Since you have reviewed the documentation pertaining to this site, including inspection reports, if you had any questions, comments, or information to the contrary, your input would of been welcome.

It must be emphasized that each agency has its own internal review, public participation, and approval process. Based on ODM’s numerous site inspections, it is apparent ODM is reviewing and investigating those concerns within our jurisdiction. ODM will continue to monitor the site.


Sincerely,


For 11 months in 2009, the inspector reported: No ash water can be visually detected leaving the site.”  In December 2009, the inspector Bret Sholar, was quoted as still not able to see or find the discharge. And was hoping to meet with the EPA to find out what they are talking about.

As of today, MMHF, LLC is still in operation. Although changes have been made in the way the fly is dumped, there are still serious issues with the fugitive dust. On April 27, 2010, for the a second time the EPA cited Making Money Having Fun, LLC for violating the federal Clean Water Act. The video below was done by Tim Tanksley. If you and I can see the contaminated waste water leaving the property line, why is it that the ODM cannot see it? At what point will the ODM stop ignoring its responsibility. Although they have issued a cease and desist for the disposal of oil & gas waste water Making Money Having Fun, LLC is still allowing fugitive dust and oil & gas waste water to cross the it’s property line and interfere with the use of adjacent properties. Fugitive dust impacts the health and safety of the residents of Bokoshe, Oklahoma and the surrounding area. Fugitive dust and oil & gas waste water also negatively effects the environment.

 

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