Environment DEC
From the February 2012 issue
DEC Fines U.S. Energy for Water Quality Violations
The New York State Department of Environmental Conservation (DEC) filed an administrative complaint seeking an order requiring U.S. Energy Development Corporation to pay $187,500 for water quality violations associated with Pennsylvania drilling activities that affected Yeager Brook in Cattaraugus County. DEC is also requiring that U.S. Energy install appropriate stormwater and erosion controls to prevent any future impacts on water quality in New York State.
"This enforcement action should provide a strong deterrent to other oil and gas well operators in New York and neighboring states whose operations impact New York's natural resources," said DEC Deputy Commissioner and General Counsel Steven Russo. "We will not allow U.S. Energy's actions in Pennsylvania to negatively impact New York's waters. U.S. Energy must ensure that proper stormwater controls are put in place to prevent future violations."
High Turbidity in Yeager Brook
Sediment from U.S. Energy's mining roads and well pads in Pennsylvania found its way into Yeager Brook in Allegany State Park.During rainstorms in September and December 2011 and January 2012, water quality violations caused turbidity in Yeager Brook from stormwater runoff. DEC and the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) investigated the cause of the turbidity and found that significant amounts of sediment from U.S. Energy's mining roads and well pads in Pennsylvania's Allegheny National Forest washed into nearby waterways, including the waters of Yeager Brook within Allegany State Park.
OPRHP staff had observed cloudy, gray water appearing in Yeager Brook and found U.S. Energy's upstream mining roads were covered in thick mud. In each of the three incidents, improper or ineffective erosion and sediment controls around a well site or oil and gas road allowed stormwater to run off into Yeager Brook. This resulted in Yeager Brook-a designated trout stream used for both fishing and recreation-having two to three times the normal level of turbidity, the amount of suspended solids in the water.
Protecting Water Quality
DEC is seeking $112,500 in fines against U.S. Energy for these violations, the maximum amount allowed by law. DEC is also seeking an additional $75,000 in penalties for U.S. Energy's failure to comply with two previous consent orders for similar violations in August 2010 and November 2010. In the current enforcement action, DEC found U.S. Energy did not implement sufficient corrective action as required by the consent orders for the 2010 violations.
DEC enforces New York State's water quality statutes, regulations and, where applicable, permits mandating that sediment discharges into streams must not cause a substantial, visible contrast to a waterway's natural conditions. Controlling water turbidity is important in safeguarding water quality because sediment can transport pathogens and harmful nutrients and can suffocate fish and destroy their habitat.
See additional information about New York State's water quality regulations on DEC's website.
