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Public outcry continues over Hard Rock's dumping in Youngstown


Published: Thu, February 7, 2013 @ 12:10 a.m.

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Anti-fracking activist Lynn Anderson holds a stack of petitions that she and others delivered to Youngstown City Hall on Wednesday.

VTR - Bob Hagan

Video Set

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Louie b. Free is joined by Bob Hagan, Mark Sweetwood, and Jamison Cocklin to discuss the illegal dumping of fracking brine into the Mahoning River.

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Lupo

Related story: Documents: CEO Lupo directed illegal dump of brine

By Jamison Cocklin and David Skolnick

news@vindy.com

YOUNGSTOWN

Backlash over Hard Rock Excavating’s decision to dump thousands of gallons of fracking waste into a storm drain continued Wednesday with sharp criticism of both state law and the oil and gas industry.

Environmental groups, elected officials, the public and even the industry itself decried last Thursday’s incident when inspectors with the Ohio Department of Natural Resources were dispatched to Hard Rock’s headquarters at 2761 Salt Springs Road only to witness an employee cleaning out what is now described as a tanker truck filled with brine and oil.

Stoking the outrage were documents released late Tuesday by the Ohio Environmental Protection Agency that show Ben W. Lupo, a partner in several companies headquartered at the site, and owner of both D&L Energy and Hard Rock, instructed an employee to dump the wastewater down the drain, which eventually emptied into the Mahoning River.

Youngstown Fire Chief John J. O’Neill Jr. said he spoke Wednesday with Kurt Kollar, the on-scene coordinator for OEPA’s Division of Emergency and Remedial Response, who told him 40,000 to 50,000 gallons were dumped into a storm sewer that empties into the Mahoning River.

“They plan on filing state and federal charges against the appropriate parties,” O’Neill said Kollar told him. “That’s why they’re being sketchy” with details.

About 90 percent of the cleanup was done by Wednesday, O’Neill said.

Initial reports estimated the amount of fracking waste to be about 20,000 gallons. But O’Neill said Kollar told him it was 40,000 to 50,000.

Chris Abbruzzese, deputy director for communications at the OEPA, said his organization is awaiting the test results from samples taken at the spill site over the weekend. Once regulators confirm what was leaked into the ground and the river, he said a decision would be made to retain the evidence for its criminal investigation, inform public officials or both.

Abbruzzese said the primary concern at the moment is continuing with cleanup efforts, as snowmelt could exacerbate the effects of the spill. More trucks were on site to help in those efforts while the agency “throws all the resources it has into the investigation.”

He said periodic updates would be made available to the public as the investigation continues.

State Rep. Bob Hagan of Youngstown, D-58th, announced Wednesday that he’s calling for a special prosecutor to investigate the incident independently of the criminal investigation being undertaken by the ODNR and OEPA.

“I want a prosecutor that’s going to get results,” Hagan said.

Hagan added that he has talked with Mahoning County Prosecutor Paul Gains to gauge his interest in pursuing a case against the suspect parties, which legislative aides told him was possible. He also will introduce legislation early next week that requires regulators and emergency responders to notify elected officials of spills immediately.

City council members expressed outrage and anger toward Lupo and his companies over the intentional dumping of fracking waste.

“It’s pretty disturbing when someone willfully and knowingly breaks the law and instructs his employees to do so,” said Councilman Mike Ray, D-4th, who lives about a mile from the brine dump site. “It’s even more outrageous to do this when it affects people’s health. Even more troubling is it’s criminal activity done in plain sight.”

Ray said he saw cleanup crews on the Salt Springs Road location Saturday, but thought it was construction activity related to V&M Star’s expansion project.

With D&L having at least 120 violations at 32 injection and extraction wells in Ohio and Pennsylvania, according to a 2012 Vindicator investigation, Councilwoman Janet Tarpley, D-6th, said, “I’d like to know why they’re still in business. It’s time for them to be shut down. There’s no need for further discussion.”

Councilman Paul Drennen, D-5th, called Lupo’s actions “despicable. They should prosecute him and make an example of him.”

“It’s a travesty that they attempted to get away with illegal dumping,” added Councilman T.J. Rodgers, D-2nd. Lupo “should be banned from doing business in this area and the state. He’s shown he’s not capable of running his business in an appropriate manner.”

Councilwoman Annie Gillam, D-1st, said state agencies “need to deal with [Lupo] in a very serious manner. We want drilling to be done safely in the city. What is wrong with this person to be so blatant and to put [wastewater] down the sewer?”

Councilman Nate Pinkard, D-3rd, said, “These are blatant violations. Someone should be charged criminally. Antics like this give the [gas and oil drilling] industry a black eye.”

Councilman John R. Swierz, D-7th, said, “It’s a shame that someone like that has so much disregard for the law.”

Meanwhile, activists who oppose fracking said the dumping incident gives greater weight to their cause. Terry Esarco said the transgression “shows the treachery that occurs in the oil and gas industry, and gives even more reason to reveal the chemicals that are being used in the fracking process.”

Environment Ohio, a statewide citizen’s advocacy group, chastised the dumping and called state laws that allow oil and gas companies to withhold what chemicals are used in the process both inadequate and favorable to the industry rather than public well-being.

“Disclosure is just the tip of the iceberg,” said Julian Boggs, the organization’s state policy advocate. “It’s a problem that state lawmakers have not put forth any sort of plan to handle the billions of barrels of fracking waste that will eventually enter the state as a byproduct of this boom. Dumping it down injection wells is the best of a bunch of bad options.”

Thomas Stewart, executive vice president of the Ohio Oil and Gas Association, disagreed with Boggs, noting that Ohio’s laws regulating the industry are among some of the strongest in the nation. He expressed dismay at Hard Rock’s decision to dump the wastewater down a storm drain.

“If these allegations are proved to be true, we’re deeply disappointed at the damages that this wreaks on our industry,” Stewart said. “We hope the OEPA and ODNR, and whoever else gets involved, will prosecute to the fullest extent of the law and make it as painful as it can be.”

He added that neither his organization, nor the industry as a whole, condones dumping waste “anywhere it doesn’t belong. It’s not that hard to comply with the law, I can’t imagine what [Hard Rock] was thinking and what they thought they could get away with.”

Hagan also said state Rep. Mike Foley of Cleveland, D-14th, who sits on the state finance committee, plans to include an amendment in the governor’s budget proposal calling for a severance tax to help pay for additional oil and gas inspectors.

U.S. Rep. Tim Ryan of Niles, D-13th, said he was pleased by the response of state regulators.

“I am furious that [thousands of] gallons of wastewater was dumped into a storm drain on Salt Springs Road,” Ryan said. “The natural-gas industry could be a huge boon to our economy, but only if everyone is adhering to the Ohio rules and regulations. Anyone who purposely puts Ohio’s environment in harm’s way should be prosecuted to the full extent of the law.”


Comments

1formerdemliberal(182 comments)posted 1 year, 5 months ago

See what happens when politicians get involved with private industry and federal and state regulators charged by many of these same legislators to deal with environmental violations such as this alleged dumping. Every local crony (headed by their fearless leader Bob Hagan) comes out of their hole looking for some political hay. Make no mistake that many of these same politicians will have their hands out to the gas/oil industry come reelection time.

How many people will even notice that the Ohio Oil and Gas Association also condemned the dumping and recommended severe prosecution? Executives understand the legal and community relations ramifications on the entire gas/oil industry by one instance of stupidity such as exhibited by Hard Rock and want to punish those responsible for such actions as much as political henchmen.

Don't overregulate an industry because of one idiot. There are enough federal/state/local environmental laws already on the books to prosecute Hard Rock officials. Let private industry officials work with environmental regulators to reasonably enforce policy and prosecute legitimate violators. Let there be at least one major industry that area politicians don't completely control, although not for lack of trying by demagogueing an entire industry because of the isolated ignorance of one company.

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2isaac45(261 comments)posted 1 year, 5 months ago

wow, talk about a misguided response...shill

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3lovethiscity(140 comments)posted 1 year, 5 months ago

"Alleged dumping"? OEPA has photographic, video and eye witness evidence of the INTENTIONAL dumping of 40,000 to 50,000 gallons of highly toxic waste into a public water shed by this miscreant. But, don't let the facts get in your way of being this pig's favorite butt boy. Do you even have one original thought in your pea sized brain that wasn't put there by Rush Limbaugh?

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4johnyoung(238 comments)posted 1 year, 5 months ago

From what has been reported so far, it seems as though the regulatory framework and process that is in place at the state level to deal with such events is working effectively. What has not been fully reported is where the original notice to the EPA originated from. This would be interesting to know. It seems this is something that should have originated at the local level from the Youngstown water utility agency and for some reason did not.

The most disturbing element of this whole event to me is the response of elected officials such as Bob Hagan. In the middle of an emergency response and ongoing criminal investigation, he feels as though he has some special right to know every detail so that he can exploit the facts for political purposes. Unfortunately this is typical of the irresponsible behavior of all too many local elected officials who are not really so concerned about the public, but more so about their ability to get re-elected.

From all accounts, it appears that the state regulators informed the appropriate local officials, responded with sufficient vigor to contain the situation, and fully intend to investigate and subsequently file criminal charges against the negligent parties. What else can be expected at this point?

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5HonestAbe(270 comments)posted 1 year, 5 months ago

"See what happens when politicians get involved with private industry " Actually, it's the other way around. See what happens when private industry gets involved in politics.

"Bob Hagan. .... he feels as though he has some special right to know every detail..."
Another sad comment because of the possibility of 40-50K gals of pollutants, one would like to know the contents and the extent of these pollutants to preserve the public health and safety.... or is it better to be a foolishly UN-informed public????

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6joebo1212(8 comments)posted 1 year, 5 months ago

If the OEPA has photographic, video and eye witness evidence, why didn't they stop it when it was happening, before the 40-50k gals of pollutants where dumped into the storm sewer.

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7ytownsteelman(627 comments)posted 1 year, 5 months ago

joebo has a good point. But first it was 20,000 gallons, then 30 and now 40 or 50,000 gallons. It takes a long time to drain that much liquid out of a tank. Certainly someone should have spoken up while the crime was in progress.

In reality the spill will not cause any lasting damage to the river. What was dumped already has been diluted into the stream, and whatever oil is there has already joined the other oils floating on the water. We don't draw our drinking water from the Mahoning River, haven't done so since the 30s, and our water supply is safely upstream of Youngstown.

I am very concerned that this isolated incident will give the antifrackers the ammo they need to get their charter amendment passed which will cause an incredible amount of lasting economic damage to the city. I think this city has gone for so long without prosperity that they are afraid of it and will grab onto any excuse to keep it away. I also think that many people are so distrustful of anything that proposes to improve their quality of life that they are unwilling to get their hopes up and actually try to make it fail so as to reinforce their own feelings of despair and hopelessness.

In response to "lovethiscity", the word alleged is the proper terminology to use until a criminal act has been proved in a court of law.

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8misterlee(118 comments)posted 1 year, 5 months ago

JMW08,
It's not toxic waste you say? Fracking fluid contains Benzene. Drink a couple shots of benzene and tell me how you feel in the morning.

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9cambridge(2958 comments)posted 1 year, 5 months ago

jmw....it's not that hard to have a good safety record if you are exempt from clean water and clean air regulations. You can contaminate every drop of clean water your process doesn't use without ever breaking any of the laws that everyone else has to live by.

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10One_Who_Stayed(236 comments)posted 1 year, 5 months ago

Just wondering JMW08 - if there aren't toxic chemicals in this waste water - why does the industry as a whole have such a problem with publishing what's in them and at what concentrations? I understand industry secrets and proprietary processes and the like, but it seems that if everyone has to disclose then everyone is still on a level playing field.

I'm not on any Fractivist witch hunt here, but it seems to me that if this water is as harmless as you say it is, the top execs of "all" of these companies doing business here should be required at random times, to be taken out to random sites and required to drink a random glass of it right out of the truck/holding tank or whatever place the water is last held before it goes back into the public water system.

This would be kind of like an executive version of the drug testing that many employees have to go through now-a-days.

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11ytownsteelman(627 comments)posted 1 year, 5 months ago

How are we supposed to believe the arguments of the antifrackers when they routinely exaggerate the concentrations of chemicals? misterlee says "drink a couple of shots of benzene" which profoundly demonstrates his complete lack of understanding of the concentrations of chemicals at play here.

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12Bigben(1996 comments)posted 1 year, 5 months ago

The shills are at it . 40 to 50,000 gallons that we know of and have there been others? "The industry is not out to pollute the environment;.." - - -Its a little late even the really not so bright have it figured out.

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13ytownsteelman(627 comments)posted 1 year, 5 months ago

Bigben do you paint everything with such a wide brush? If one human kills another do you label all humans murderers? By your rationale you should. This was not an industry sanctioned activity. It was one bit player acting on his own. Treat it for what it is, which is one bad actor willfully disregarding the regulations. This incident conveys no outside meaning about the gas industry in general.

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14cambridge(2958 comments)posted 1 year, 5 months ago

jmw....when you say "without incident" I have to laugh. If you don't have any regulations you have to follow you can never be accused of breaking the laws the rest of us must follow. If your chemicals are not toxic why is your industry exempt from clean water and clean air regulations?

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15Ytown20(118 comments)posted 1 year, 5 months ago

I wonder how many other instances of dumping is/has been going on with this industry?

Example: PA truck driver Allan Shipman who was dumping toxic brine where ever he could find a place across a six county region.

Made himself $7 million dollars in dirty money doing so.

Regulations can't protect us from greed.

http://www.post-gazette.com/stories/l...

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16cambridge(2958 comments)posted 1 year, 5 months ago

jmw....so if I ask you why your "industry" is exempt from the clean water and clean air regulations everyone else has to follow that makes me a "marxists parading as environmental extremists to destroy capitalism"....due to my
"unfounded hysteria".

Thanks for clearing that up but it seems to me your response is what I would call "unfounded hysteria".

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17One_Who_Stayed(236 comments)posted 1 year, 5 months ago

So - JMW08 - I haven't heard an answer to my original question other than "Frack water is a moot issue anyhow. Even if it were "toxic", which it is not"

Again - why is disclosing what's in it such a problem? You keep stating it is not toxic. . . should I just take your word for it? Any other industry that releases chemicals into public waterways has to disclose what they are putting back into rivers or tributaries and in what concentrations. I don't care if you're making Natural Gas, Nuclear Power or Rice Krispies, all manufacturing procedures make by-products. And if they are being released, into the public, it should be public knowledge as to what they are. Even if they are a "moot point" as you say. What exactly is the problem with disclosing this?

All this makes you guys look like is that you're hiding something, and nobody cares for that idea - industry friend as well as foe.

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18RTS1416(117 comments)posted 1 year, 5 months ago

Cambridge. Please take a few minutes to read some facts and educate yourself so we can all stop reading your uninformed question about air and water regulations. Thank you.
http://www.energyindepth.org/tag/safe...

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19One_Who_Stayed(236 comments)posted 1 year, 5 months ago

@markus - I'm interested - who is the other company that is doing this?

Call them out by name if they are doing the same thing that D&L/Hardrock was. I'm assuming you have some proof of this, of course.

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20cambridge(2958 comments)posted 1 year, 5 months ago

rts....you want me to take the word of the "independent petroleum association of America"? That's pretty funny....oh, congratulations on the new username.

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21One_Who_Stayed(236 comments)posted 1 year, 5 months ago

Heeeeey Look - It's Ron Eiselstein back as RTS1416 (yet another voice in his head - I think this makes about 12 now). What happened to UticaShale?

@JMW08 - Still waiting for an answer . . . . tick-tock, tick-tock, tick-tock. . . . crickets.

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22RTS1416(117 comments)posted 1 year, 5 months ago

Sorry to disappoint you, RTS1416= Randy T Smith with 14 and 16 year old kids. I just signed up to try and bring some factual information into the discussion. I suppose I should have known better. Goodbye all!

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23One_Who_Stayed(236 comments)posted 1 year, 5 months ago

BRAVO! Still no answer, but Bravo anyhow.

I've done lots of reading and still don't know what the problem is with disclosing what is in the byproduct of hydraulic-fracturing. I noticed you didn't even bother to cut-and-paste a canned answer off your propaganda site.

I will state once again - I have no political or Marxist agenda. I don't care if there are chemicals in the waste-product (as there are in most manufacturing effluent) - I simply have a problem with a whole industry apparently using our own laws to hide something as important as this from the people who live where this is happening (or, more importantly, down-river from it).

I also don't subscribe to a propaganda machine on either side of the equation (yours or the Fractivist's), so save the "Read and Educate yourself" BS for those who do. Things either make sense or they don't. You guys fighting this hard to not disclose this information just screams that you have something to hide and it is very bad.

As far as 50+ years and 1.5 million well are concerned, I have no idea where you came about these figures, but I do know that D & L's injection well seems to be the first man-made thing in history (that I have ever heard of - at least) to actually "cause" an earthquake(s).

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24One_Who_Stayed(236 comments)posted 1 year, 5 months ago

My apologies Randy.

I made a snap judgement based on a single response. Unfortunately it sounded so much like all of Ron's earlier ones, that and the fact that that was your first post - I assumed he had made up yet another alias. You used several of the same phrases and a link to a pro-industry site - same as he used to (and I'm assuming still does now that you aren't him).

Anyhow, maybe you can provide some clarity to my question since I'm not getting anywhere with JMW08. Why the secrecy about what's in the water? Like I said - I don't have an agenda - I dig the fact that this industry has the potential to bring the area back financially, but as with most things, the Devil's in the details and I am concerned about this one nagging question that the industry as a whole has never even addressed - much less answered. . . .why not?

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25One_Who_Stayed(236 comments)posted 1 year, 5 months ago

@markus - post the damn photos! That's why newspapers and media outlets exist!

Privately emailing me the pictures does nothing. I am just some schmoe trying my best to figure out what is "actually" going on and what is best for the area as well as myself and my family and friends.

If no one is interested in making your photos public, there is clearly something wrong with them (they don't show what you seem to think they do). I don't pretend to know, but I can tell you that if you keep them to yourself and they are actually dumping stuff, you're the one who will have to live with yourself.

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26slima21(22 comments)posted 1 year, 5 months ago

For all the faux news shills commenting. The type of fracking going on now is not the same thing we have been doing for over 50 years. The problem is in the casing. If they don't do a good cement job, there WILL be problems. The idiots that say the stuff Is harmless I'd love for them to go take a drink. Why was the halliburton loophole instituted if these chemicals are so safe and "harmless" look it up its there. They are not bound by the clean water and air act. I want prosperity here. But I also want my kids to grow up healthy without tumors. I work in the industrial gas industry I also know what takes place and the answer is not dillution to pollution. The stuff coming out if the ground is filled with horrible VOC's and natural radiation. The idiots that are doing this stuff do have families, not in this area though.... Outta sight outta mind. Gimmie a break with the regulations, they just bribe I mean lobby those away. we'll c if this guy is made into an example. I'm not holding my breath.

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27uselesseater(229 comments)posted 1 year, 5 months ago

Lupo is nothing but an environmental terrorist.

Ask him where he lives. Ask him if they dump this waste in his water supply and on his home property.

We need shale like we need other resource development. What we don't need is corrupt criminal racketeers who are doing so well that they just pay the violation fees/fines and continue breaking the law.

Clearly, the penalties for breaking the laws are nowhere near severe enough.

We also need to enact a three-strikes or similar policy with these companies and their shell company games. If you break the rules habitually, you shouldn't be allowed to do business in the entire state.

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2876Ytown(1206 comments)posted 1 year, 5 months ago

For those who think it "just" the Mahoning River, not our water supply...we’re All interconnected.

The Mahoning River joins the Shenango River in Pennsylvania to form the Beaver River, which flows into the Ohio River. The Ohio River flows into the Mississippi River, which flows into the Gulf of Mexico and mixes with the waters of the Atlantic Ocean.

http://ysu.edu/mahoning_river/basic_i...

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29uselesseater(229 comments)posted 1 year, 5 months ago

PS: I'd like to see the Vindy get some quotable from the Republican elected folks out in Columbiana and other more R voting districts.

Lupo does ample business in their areas.

Ask them what they think about rogus shale misfits like him giving the industry a black eye. They'll probably just duck and cover.

Shouldn't matter what political side you are on. This sort of environmental crime is something that effects us all as @76Ytown so well illustrated.

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30One_Who_Stayed(236 comments)posted 1 year, 5 months ago

@JMW08

What's sad is your total inability to address a simple question with a straight answer (or any kind of answer for that matter).

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3176Ytown(1206 comments)posted 1 year, 5 months ago

JMW08: " fracking for 50+ years; over 1.5 million wells; no incidents"

http://www.propublica.org/series/frac...

Secret fracking chemicals, physicians banned from disclosure, contamination, earthquakes,

http://www.midwestenergynews.com/2012...

Industry documents show that 6 percent of the wells leak immediately and that 60 percent leak over time, poisoning drinking water and putting the powerful greenhouse gas methane into our atmosphere.

http://www.propublica.org/article/yea...

http://www.frackcheckwv.net/impacts/t...

Contaminated water is sent to water treatment plants that discharge into our lakes and streams further polluting our water.

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32excel(277 comments)posted 1 year, 5 months ago

All this has me wondering if we should leave this contaminated part of the world and empty those jugs of drinking water from the Mahoning River. The last I checked Warren was dumping plenty of the same water as the spill into the Mahoning River along with sewer water. No fish kill and only the cold weather has chased the homeless off the banks of the Mahoning River here in Youngstown to the Rescue Mission. Too bad we can't gather some of that excess outrage and find permanent housing for the homeless.

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33maxborenstein(27 comments)posted 1 year, 5 months ago

Without a question society needs fossil fuels. Also I believe that most legitimate corporations will try to do things lawfully to avoid PR problems, fines, and lost profits.
The gangster corporation(s) should face grand jury interrogation of all of its employees and known associates. If this has been going on awhile, then it could be considered "engaging in a pattern of corrupt activities." Especially if the state wasn't getting its "fee," which is technically a tax.

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34excel(277 comments)posted 1 year, 5 months ago

OpnionsAreLikeBellyButtons . . . .

So those lab test chimps have been taking advantage of you again?

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35JoeFromHubbard(973 comments)posted 1 year, 5 months ago

What an unfortunate situation, the wailing and gnashing of teeth over a minor incident that will self correct in a few months.

As I have said in the past, this industry is under observation through a high power microscope by those just looking for an excuse to destroy it. No one will get away with the slightest infraction.

That should be reassuring to all of the fracophobics who have recently surfaced.

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36JoeFromHubbard(973 comments)posted 1 year, 5 months ago

@Opnions...:

Some spills require a bigger mop than others but Mother Nature remedies all of them, given sufficient time.

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37williamsbilly201(18 comments)posted 1 year, 5 months ago

Does all the uninformed people on here realize this spill was actually not fracking waste? Oil and brine are not used in the hydraulic fracturing of wells. This was likely drilling waste. People need to realize that the process of hydraulic fracturing is only 1 of many steps in the act of putting a well into production, Also has everyone missed the news that ODNR has permanently revoked all of D&L Energy's and Hardrock Excavating's permits? They will never do business in Ohio again. Its ironic that an industry is hated so much for keeping our homes warm when it is 25 degrees outside.

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38Bigben(1996 comments)posted 1 year, 5 months ago

@ytownsteelman"Bigben "do you paint everything with such a wide brush? If one human kills another do you label all humans murderers? By your rationale you should. This was not an industry sanctioned activity. It was one bit player acting on his own. Treat it for what it is, which is one bad actor willfully disregarding the regulations. This incident conveys no outside meaning about the gas industry in general."

- - - - -- This is one guy that got caught. The fines are weak. If I am mistaken and I might be please tell me or maybe provide the article for us.

The industry uses a loophole in the clean water act to hide what is in the fluid-why? The whole industry uses fracking fluid and must find methods to dispose of it. Thus far the disposal isn't working out too good. As was mentioned we aren't very far into this and already a major earthquake and now this. Lets not be nonchalant about it it is serious.
Also was it one individual because I thought D &L was named in the news and weren't there other workers doing the actual dumping?So it isn't just one individual.

Also your word choice of "bit player" is interesting."Ben W. Lupo, a partner in several companies headquartered at the site, and owner of both D&L Energy and Hard Rock, instructed an employee to dump the wastewater down the drain, which eventually emptied into the Mahoning River."

40 to 50 thousand gallons were dumped and are we to assume that they just so happened to get caught the very first time they dumped-what a stroke of luck that would be indeed. 120 other violations and the industry wasn't aware of that ?You have an interesting way of looking at things.

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39RTS1416(117 comments)posted 1 year, 5 months ago

One Who Stayed...
I don't know why that's such a secret but I will try to find out. The bottom line is this industry is here for a while and the best thing we can do is to educate ourselves so we can understand what is involved rather than instilling fear into the uninformed public.

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40Bigben(1996 comments)posted 1 year, 5 months ago

"If I am mistaken and I might be please tell me or maybe provide the article for us."- -Disregard this in the previous post as it should have been edited.

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41Tigerlily(476 comments)posted 1 year, 5 months ago

The industry protectionists in this town and on this thread should all be taken down to the Mahoning River and forced to drink long and deep from it.

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42williamsbilly201(18 comments)posted 1 year, 5 months ago

So TigerLily you genuinely want people to be poisoned and harmed by drinking the oil and brine that was dumped to prove your point? I don't think anyone is saying that was okay, or that this dump was not environmentally detrimental. But for you to tell people who are not blindly anti industry to drink a chemical spill makes you sound irrational at best, crazy and hateful at most.

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43Tigerlily(476 comments)posted 1 year, 5 months ago

Nope, just vindictive toward those who blind themselves to criminal activity in the name of the almighty dollar. Swallow it, williamsbilly. Take a deep drink of that water.

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44uselesseater(229 comments)posted 1 year, 5 months ago

Ben W. Lupo

Chairman and CEO. Mr. Lupo, founder and principal shareholder of D&L Energy, began his career in the oil and gas industry in 1976 water haulingfor drilling rigs, water fracturing tanks, and water disposal. In 1984, he began leasing land and funding wells. At the same time, he supervised the operation and production of many wells throughout Ohio, Pennsylvania and New York. With the deregulation of the natural gas industry, Mr. Lupo established Gasearch, LLC, the marketing arm of D&L Energy, to provide natural gas to commercial/industrial accounts.

-------------

We've allowed Lupo to go and dump waste water since 1976. 37 years.

What's very concerning is Ben owns or did own a property on Main Street in Edinburg, PA. Right in the shadows of BFI's dump and the strip mine. That area is a big watershed marsh.

Who want to bet a lot of waste water over the years got dumped off over there?

Lupo has more corporate names and shells than an average bird has feathers.

Here's a morsel to investigate:

Zachar v. D & L Energy Incorporated et al
Filed: August 10, 2011 as 2:2011cv01569
Plaintiff: Christopher J Zachar
Defendants: D & L Energy Incorporated , Ben W Lupo and Holly E Lupo
Cause Of Action: - Petition for Removal: Securities Fraud
Court: Ninth Circuit > Arizona > District Court
Type: Torts - Property > Other Fraud

Not the action was for Securities Fraud and that was in 2011.

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45uselesseater(229 comments)posted 1 year, 5 months ago

PS: Ben = Benedict.

Let's address him by his proper name.

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46sawtry4fr(2 comments)posted 1 year, 5 months ago

This site, provided by the American Academy of pediatrics, contains an Excel spreadsheet listing chemicals found in fracking. To determine danger to humans, check the TLV (Threshhold Limitation Values) and BEI (Biological Exposure Indices) binders available in your local library Reference section. Decide for yourself. http://www.endocrinedisruption.org/ch...

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47williamsbilly201(18 comments)posted 1 year, 5 months ago

Good source of information. I have not seen a complete collection of data before. In time they will need to add Ohio to the states listed.

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48JoeFromHubbard(973 comments)posted 1 year, 5 months ago

@JMW08 :

I've said this for years, the poison is in the dose.

For example, those of you taking Coumadin, as a blood thinner, be advised that it is also sold as warfarin, a rat poison in stronger doses.

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49RTS1416(117 comments)posted 1 year, 5 months ago

Saw Try, Thanks for the great link, I couldn't find the information anywhere.

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50uselesseater(229 comments)posted 1 year, 5 months ago

If frack water is so healthy, then by all means feel free to use it as your own potable water.

Lupo would be happy to fill up a large cistern for free for you.

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51slima21(22 comments)posted 1 year, 5 months ago

JM08_ Don't know if your a paid PR for the API but you sure sound like one. If this stuff is so safe as you say why do all the other states (who ban injection wells)surrounding us bring their poison to Ohio to inject 6000 ft below ground? Why must it be injected so deep if its safe??? I have an idea lets give D&L their permit back to dump this safe household chemical on his lawn, or heck put it in his basement. Yes you are right, this is the fluid we use for the drill lubrication, but do you know the only way to clean this "safe" stuff up off our equipment ??? Diesel, Diesel is used to clean this stuff up. I don't know of too many household cleaners, I use anyway, that I must use diesel next to cut the stuff off with. Hundreds to thousands of gallons of diesel is used to "clean" this stuff away. Please shut off the fox noise and glen beck and all the other marxist rhetoric. This just shows to us in the know how intelligent you really are. All yeah please explain how you can dilute the radiation away???? Yes this guy was an idiot and one bad apple doesn't always spoil the bunch, but there is soo much secrecy in all this. If they just truly let us know what is in this junk some of the hysteria might go away.

As far as your point about the well casings, yes all those liners are there, but if you have a bad cement job it WILL permeate the layers. Do you know about the cement process???Well neither do the rest of us, nor is there any set standard of how to do it. Hallibuton bid's the cement work, they then get the bid for say 15 wells. If you get a good cement guy you have 15 satisfactory wells. You have a clueless cement guy on another block of wells, well then you have 15 unsatisfactory wells. The good news about this, is we've had good cement guys here. We are sitting on the mother load!! The gas companies don't want to screw this up, so we are being more careful than we were in states like WV and LA. You will hear of problems there in the near future... well not LA they are beholden to the industry. All in favor of dumping the chemicals at JMW08 house, say AYE

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52williamsbilly201(18 comments)posted 1 year, 5 months ago

In regards to cement casing and standards. They are very stringent. There are standards for the cementing and setting of wellbore casings. If you are interested in looking at these standards they are in Ohio Administrative Code 1501:9 (http://codes.ohio.gov/oac/1501%3A9). Also the ODNR has Inspectors onsite to witness the cementing of these casings, insuring that they are done properly. Also Cement Bond Logs (CBL) are run in order to check for the quality of the cement jobs. Following the CBL a casing shoe pressure test is conducted to insure the casing can hold the pressures seen during the hydraulic fracturing process. Everyone needs to understand that this is a well regulated process that is in constant inspection and testing.

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53slima21(22 comments)posted 1 year, 5 months ago

And all pipelines are 100% safe.Like the one that dumped hundreds of thousands of gallons of crude in Michigan. Or the 20" transmission line that blew up and killed the family in WV, last month.Or all the problems BP had in Alaska. or the 2 ruptures my own company had. I too run pipelines and guess how many inspections we do?? None. We are very lightly regulated. all it takes is our word. No misinformation coming from me. I want this thing to go as everyone else does. You definitely have a vested interest in this or you yourself wouldn't be representing all the API propaganda. What we all want is honest brokers here. But the bottom line comes before safety every time. It's cheaper to pay the families killed, maimed, or displaced than it is do it right the first time. As far as cementing, ask the widows in the gulf of mexico how well that cement job and the bop worked out for them... they had regulators there too I believe. leave the propaganda to hate radio. And always tell us how fortunate we are to have the fantastic oil companies there for us, with their 8 billion a year in subsidies, and exactly how much did the whole of the oil corporations pay in taxes last year? Guaranteed my family paid more than they all did to the US combined. Your doing a good job for API. hope you get a bonus this month. Happy to make you guys earn your keep here in the valley....

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54slima21(22 comments)posted 1 year, 5 months ago

Taxes to whom.... The US or foreign countries. You are hitting your bullet points perfectly. Again with the marxist rhetoric. We all saw how well the regulators were in the gulf, you remember that don"t you.You remember the drunken evenings, porn all the other stuff the regulators were up to. the falsified documents, the lies.How much working experience do the very few regulators we have that are watching these platform's have?? And I DO work in the industry,have for 16 years, been poisoned by Benzene spent a week in the hospital getting over it, will never get over it. At a refinery in Joliet Il. completely covered up, because they didn"t do HAZOP before we went to work. The thing is they have cut to the bone, productivity is at it's largest it's ever been, you call it common sense I call it complete lack of knowledge. Regulatory environment give me a break, come work the 24 hour shifts with me and see how "safe" of an environment it is. You don't have a clue. you suspect I'm a liberal weenie, but I didn't vote for the fraud in office. I just know how the real world is, not what Fox news tells me. And thank you for thanking me for my efforts providing you warmth. they aren't buzzword's either, they are facts, and they sting when they go against your propaganda

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55cambridge(2958 comments)posted 1 year, 5 months ago

The reason the gas industry is not cited for pollution is because they are EXEMPT FROM CLEAN WATER AND AIR REGULATIONS. It would be like the government changed the law and now it's ok to kill people. The murder rate would drop to zero but people would still be getting killed.

They use the play book that says, if you say it enough times people will believe it. It works in texas.

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56williamsbilly201(18 comments)posted 1 year, 5 months ago

Well the only answer to this is let the mountain top coal mining continue, buy our oil from the Middle East and have everyone cut down the trees in our yards to heat our houses this winter. Right or wrong this is here to stay. And everyone trying to discredit it on here will not get a single thing done. You all realize this right? The governor and lawmakers are not reading these ridiculous comments, nor are the informed people involved in the business.

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57bunkpatrol(62 comments)posted 1 year, 5 months ago

You're correct. The poisoned in Bopal didn't have a voice. The natives in Alaska have been shortchanged in court out of much of their original settlement in the Exxon Valdez tragedy. And BP surely has put off their culpability in the Gulf of Mexico under the "proprietary" nature of their dispersants claim.

Why should the people of the Valley be proactive when clued in on the illegal activities of industry ? We ought to take our crumbs and shut up about it, right ?

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58cambridge(2958 comments)posted 1 year, 5 months ago

OpnionsAreLikeBellyButtons....Here are a couple video's, hope this helps.

http://www.youtube.com/watch?v=phCibw...

http://www.youtube.com/watch?v=D_uNx2...

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59williamsbilly201(18 comments)posted 1 year, 5 months ago

Currently 35 rigs in Ohio drilling the Utica Shale. Chesapeake and BP have decided to bring more in. Billions spent in pipelines, processing centers and Gas-Fractionation Plants. There is nothing wrong with speaking out against it. But if actual progress wants to be made something more then talking like this needs to be done, because right now the business is about to explode.

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60jacoby(1 comment)posted 1 year, 5 months ago

Doesnt D and L have a injection well down on Ohio Works that was shut down? I work down there and all i know is they put a wall of dirt in front of a bunch of those green semi trailors that I thought store the brine. Why are these trucks still coming into this place?

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61Bigben(1996 comments)posted 1 year, 5 months ago

120 violations and the industry didn't know about it?How does the industry not know? How did these folks manage to stay in business?

Also how many gallons of fresh water is used to frack a well and what is the water price? Where is all this water coming from?

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6276Ytown(1206 comments)posted 1 year, 5 months ago

Before you sign...A residents guide to gas drilling: http://www.meredith-coalition.org/gas...

As of 2012, fracking is exempt from seven major federal regulations. http://www.sourcewatch.org/index.php/...

The EPA doesn't plan to address how often drinking water contamination might occur. http://www.huffingtonpost.com/2013/01...

Fracking requires large quantities of fresh water. Fracking the Marcellus will require many billions of gallons of water over the next 15 years. This water can be withdrawn from lakes, rivers, streams, wetlands, ponds, and wells. Contaminated water may never be returned to the watershed

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6376Ytown(1206 comments)posted 1 year, 5 months ago

Chemicals measured in the water supply as contaminates in ppm - parts per million or ppb parts per billion. Fracking: 99% water, 1% chemicals. Still think it's harmless?

Fracking a single well requires up to 7 million gallons of water, plus an additional 400,000 gallons of additives, including lubricants, biocides, scale and rust inhibitors, solvents, foaming and defoaming agents, emulsifiers and de-emulsifiers, stabilizers and breakers.

About 70 percent of the liquid that goes down a borehole eventually comes up—now further tainted with such deep-earth compounds as sodium, chloride, bromide, arsenic, barium, uranium, radium and radon. (These substances occur naturally, but many of them can cause illness if ingested or inhaled over time.) This super-salty “produced” water, or brine, can be stored on-site for reuse.

Depending on state regulations, it can also be held in plastic-lined pits until it evaporates, is injected back into the earth, or gets hauled to municipal waste water treatment plants, which aren’t designed to neutralize or sequester fracking chemicals (in other words, they’re discharged with effluent into nearby streams).

At almost every stage of developing and operating an oil or gas well, chemicals and compounds can be introduced into the environment. Radioactive material above background levels has been detected in air, soil and water at or near gas-drilling sites. Volatile organic compounds—including benzene, toluene, ethylene and xylene—waft from flares, engines, compressors, pipelines, flanges, open tanks, spills and ponds. (The good news: VOCs don’t accumulate in animals or plants. The bad news: inhalation exposure is linked to cancer and organ damage.)

Underground, petrochemicals can migrate along fissures through abandoned or orphaned wells or leaky well casings (the oil and gas industry estimates that 60 percent of wells will leak over a thirty-year period). Brine can spill from holding ponds or pipelines. It can be spread, legally in some places, on roadways to control dust and melt ice. Truck drivers have also been known to illegally dump this liquid in creeks or fields, where animals can drink it or lick it from their fur.

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64slima21(22 comments)posted 1 year, 5 months ago

CNNmoney.com Exxon Mobil 2010 -110 mill federal income taxes paid. Chevron on 9 billon profit - 19 mill. federal income taxes paid. Sure they pay state and local taxes but like I said NO federal income taxes. And I did stretch the subsides it wasn't 8 billion it was 4 billion last year. Sorry for that. I love the old sage of 8 cents a gallon on gasoline. Well those of us "informed" people know there is a ton more to a barrel of oil than gasoline. ole wilbil up there. Put you head in the sand,,, the politicians don't care about you. well heck no, when we don't have near the money they do. Does anybody realize that a billon SECONDS ago Jesus wasn't even walking the earth. These holier than thou oil companies make billions of dollars per month... They bribe (lobby) the regulations away. We can't compete with their money. But we do vote, well some and until the american people get together and put a stop to the exploitation of us there isnt anything we can do. Does anyone else think it's coincidence that once the KOCH bros got the state house and governor that this thing took off.. I KNOW most of this CAN be done safely and most if not all will perform the right way. But profits before people is the new american way. The right wing pie in the sky no regulation doesn't work. Greed is a powerful thing. We all saw that with the deregulation of the banks, that sure worked out for us. Believe me I want my family to be able to raise their family here.I don't want my son to leave the area like I did for 12 years, because there weren't any jobs here. I know I'm completely blessed, to have what I have, because of the oil companies and the manufacturing sector that I support. But this isn't 1955, where everyone could come out of highschool and support their family on ONE income. The power shifted back to the few to the detriment of the many. These dirt bags that we vote in year after year don't have a clue. Like most of the API propaganda shills commenting on here. All they want is the power, money and to get re-elected. We need to hold the corporations, the politicians, and the regulators accountable! If we truly do see this guy fry for this, maybe I won't be so cynical. But again we've been there done that. There are two justice systems in the US these days. One for us and one for them. You have the money,power, and pollute you walk, pass a bad check spend time in the clink. Please don't patronize me with your all the billions spent on pipelines and fractionation plants. Who's building them, who's doing the drilling, not locals, not our local trades ask MCcarls why they lost the bid to build the plant, to the outfit out of Houston. They submitted 3 bids until they finally lost it. But thats what the right wing capitalists want, cheap mexican labor. At least my company hires local trades for work. WE have the GEOLOGY here!!! No amount of reasonable taxation and regulation is going to run them off.

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6576Ytown(1206 comments)posted 1 year, 5 months ago

from Sawtri4fi ~ American Academy of pediatrics, Excel spreadsheet listing chemicals found in fracking. http://www.endocrinedisruption.org/ch...

Also note:
In 1991, an international group of experts stated, with confidence, that “Unless the environmental load of synthetic hormone disruptors is abated and controlled, large scale dysfunction at the population level is possible.”

They could not perceive that within only ten years, a pandemic of endocrine-driven disorders would begin to emerge and increase rapidly across the northern hemisphere.

Today, less than two decades later, hardly a family has not been touched by Attention Deficit Hyperactivity Disorder, autism, intelligence and behavioral problems, diabetes, obesity, childhood, pubertal and adult cancers, abnormal genitalia, infertility, Parkinson’s or Alzheimer’s Diseases. TEDX’s findings confirm that each of these disorders could in part be the result of prenatal exposure to chemicals called endocrine disruptors. TEDX has also confirmed that the feed stocks for most endocrine disrupting chemicals are derived from the production of coal, oil, and natural gas.

It is clear that endocrine disruption, like climate change, is a spin-off of society’s addiction to fossil fuels. Setting aside the effects of endocrine disruptors on infertility, and just considering their influence on intelligence and behavior alone, it is possible that hormone disruption could pose a more imminent threat to humankind than climate change.

http://www.endocrinedisruption.org/en...

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66netta44514(4 comments)posted 1 year, 5 months ago

Here are some documented evironmental impacts of shale drilling:
 After drilling, the shale formation is then stimulated by hydraulic fracturing, which may require up to 3 million gallons of water per treatment (Harper, 2008). Many regional and local water management agencies are concerned about where such large volumes of water will be obtained, and what the possible consequences might be for local water supplies (USGS, 2008) .Reported environmental impacts related to the fracking process are water pollution, drinking well contamination, earthquakes (Ambruster, 2012), uranium leakage (Bank, 2010), carcinogenic agents, noise and air pollution from truck traffic and explosions (Bishop, 2008).
Fracking a single well produces several millions of gallons of wastewater (Environmental Working Group, 2012). Methane leakage into drinking water is another issue. In December 2007, a Bainbridge, Ohio, home exploded after a natural gas company improperly drilled and fractured a nearby well. No one was injured, but releases of gas contaminated 23 water wells and forced evacuations of 19 homes (Myers, 2011).
In addition, chemical spills are another concern. For example, in 2009 Pennsylvania authorities fined Cabot Oil & Gas $56,650 for three spills of hydraulic fracturing fluid near the town of Dimock. Two of the spills polluted a wetland and caused a fish kill (Environmental Working Group, 2012). In a second example, the EPA (2011) reported that that contamination near the town of Pavillon, Wyoming, was linked to nearby gas wells. The EPA released data from test wells that confirmed high levels of carcinogenic chemicals such as benzene and 2 Butoxyethanol (a chemical compound known to be used in fracking). The pollution from 33 abandoned oil and gas waste pits were indeed responsible for groundwater pollution in the area (EPA, 2011).

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67netta44514(4 comments)posted 1 year, 5 months ago

Health Affects documented:
According to the Endocrine Disruption Network, 25 percent of the chemicals used in fracking can cause cancer. Fifty percent can affect the immune, cardiovascular, and nervous systems. In fact, the dangers posed by fracking wastewater are so potentially huge that a group of U.S. medical experts, meeting at a January 9 conference sponsored by the Mid-Atlantic Center for Children’s Health and the Environment, called for a moratorium on the practice (GreenAmerica, 2012). Between 2005 and 2009, according to the
Committee on Energy and Commerce, 37% of chemicals in fracking fluids were identified as endocrine-disruptors. A report on chemicals used in the fracking process published by the US House of Representatives Committee on Energy and Commerce (2011) indicated:
Some were extremely toxic, such as benzene and lead. The most widely used chemical in hydraulic fracturing during this time period, as measured by the number of compounds containing the chemical, was methanol. Methanol, which was used in 342 hydraulic fracturing products, is a hazardous air pollutant and is on the candidate list for potential regulation under the Safe Drinking Water Act. Some of the other most widely used chemicals were isopropyl alcohol (used in 274 products), 2-butoxyethanol (used in 126 products), and ethylene glycol (used in 119 products). Between 2005 and 2009, the oil and gas service companies used hydraulic fracturing products containing 29 chemicals that are (1) known or possible human carcinogens, (2) regulated under the Safe Drinking Water Act for their risks to human health, or (3) listed as hazardous air pollutants under the Clean Air Act. These 29 chemicals were components of more than 750 different products used in hydraulic fracturing (US HR Committee on Energy and Commerce, 2010, p. 3).

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6876Ytown(1206 comments)posted 1 year, 5 months ago

http://www.ama-assn.org/amednews/2012...

Under a new Pennsylvania law, natural gas companies must tell physicians the substances patients might have come into contact with. But doctors must sign confidentiality agreements promising they will use the information only for those patients’ treatment.

Ohio physicians expressed similar concerns when faced with their state’s hydraulic fracturing disclosure law, first enacted in June. The Ohio State Medical Assn. worried that the trade secrets language would keep physicians from complying with public health reporting laws

Ohio: Health professionals can access information but must keep it confidential for purposes not related to patient treatment.

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69Askmeificare(694 comments)posted 1 year, 5 months ago

As a responder in Vindy City, In the County of the Land of Mahoning, I respond to this article regally and put my thoughts into a post, legally.

You see, and I have got to state this meagerly, to be, lets see, yes we, know that a dumping loosey, is morally, ethically, spiritually, physically, positively, absolutely, undeniably and, reliably, stupid!

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70Metz10987(145 comments)posted 1 year, 5 months ago

This whole thing is a mess. Why is he not in jail yet or charged with something? 252,00 gallons and counting and maybe even more. It will never be cleaned up completely.

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71rliddle(7 comments)posted 1 year, 5 months ago

http://oilgas.ohiodnr.com/Laws-Regula...

Chemical disclosure is a law in OHIO. Also OSHA has required MSDS sheets for all chemicals used in any industry to be readily available.

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72kurtw(842 comments)posted 1 year, 5 months ago

Lupo is, without doubt, a rotten apple. But, if every apple- or most- were rotten there wouldn't be an issue, would there? We'd get exercised if we found a healthy one. Give him what he deserves, enforce the law, and then get back to the business of drilling.

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73kurtw(842 comments)posted 1 year, 5 months ago

for: slima and netta

If you want to persuade people, try writing in a way that entices them into reading what you're trying to tell them. In other words, arrange your thoughts into coherent paragraphs and not just a big long boa constrictor that no one wants to tangle with. Big snakes are intimidating and so is your kind of writing!

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74kurtw(842 comments)posted 1 year, 5 months ago

re: "Endocrine Disruption Network"

I'm going to have to do a little research on that but I already made myself a little bet that's it's just another left-wing scam to bully somebody (Evil Capitalist's!) into forking over some money!

(Al Capone and his friends used to call it "extortion". The language may be different but the method is the same.)

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