Our families deserve more than "mostly water."

THE FIGHT TO PROTECT OUR WATER, AIR, & PUBLIC SAFETY CONTINUES………

A remand hearing ordered by the TCEQ commissioners in November 2008 was held before the State Office of Administrative Hearings (SOAH) in Austin from June 15 through June 24, 2010.  The “GOOD NEWS” is, while there were limitations on the type of “new” information that could be entered into the record, there were a number of key factors that were allowed which, in our view, further support the inadvisability of the proposed site for an injection well facility. The
“NOT SO GOOD NEWS” is, expenses incurred due to the extended length of the hearing were significantly more than anticipated, therefore, we are running short of funds to cover those expenses.  We urge you to consider making a contribution to the “Stop the Toxic Wells” cause to help defray those expenses.  You can use the PayPal option here on the website or can send a check made payable to Citizens Residents Oppose Wells (CROW) and send by mail  to 16015 Creighton Rd, Conroe, TX  77302.

 Now, back to the “GOOD NEWS”……..

SOAH Hearing Results - The following issues were brought to light in this round of the SOAH hearings:

1.  In their original permit applications, TexCom indicated that it owned the mineral interests at the proposed location, when in fact it does not own the mineral interests.  This is another instance where the permit application was flawed.

2.  TexCom’s engineering consultant testified that an error was made when the September 2009 fall off “retest” was conducted.   The main purpose of the reperfoation and test of the existing well was to determine what would happen when the injected fluid reached the known underground fault in the area.  The September 2009 test did not extend to the fault area, therefore, it did not fully comply with the TCEQ ordered testing requirements and more importantly, it did not establish where the injected material would migrate. 

3.  Seismic test data of the underground structure of the area presented by Denbury Onshore, LLC, the current owner and operator of the Conroe oil field, was allowed to be entered into the record.  This data indicates that there is excessive fracturing and faulting in the area which could provide potential pathways for vertical migration of injected fluids to invade the groundwater aquifer. 

4. Just prior to the beginning of the SOAH hearings, Denbury filed a motion with the Texas Railroad Commission (RRC) requesting the withdrawal of the RRC’s September 2005 letter which indicated that the “injection operation would not injure or endanger known oil or gas reservoirs.” In consideration of Denbury’s plans for CO2 enhanced oil recovery technology in the Conroe oil field, the RRC has withdrawn its September 2005 letter and has scheduled a RRC hearing to reconsider the matter.  The RRC hearing is scheduled to be held in Austin on August 16, 2010. 

All in all, we feel that the SOAH hearing went fairly well, however the official SOAH recommendation (Proposal for Decision) probably will not be provided for several months.   As is often the case when technical data is presented by “expert witnesses”, the interpretation of such data can be viewed differently by the opposing parties.  However, we are hopeful that the “new evidence” on technical matters, particularly that provided by Denbury who has actual knowledge of the subsurface and experience working this oil field, will lead the SOAH judges, and more importantly, the TCEQ Commissioners to deny the permits.

We will not waiver in our resolve to continue this battle in order to protect our water supply, air quality, public safety, home values and the economic well being of Montgomery County….BUT
REMEMBER WE NEED YOUR SUPPORT TO KEEP THIS EFFORT MOVING FORWARD.
STAY INFORMED, PASS THE WORD ON TO YOUR FAMILY, FRIENDS AND NEIGHBORS, MAKE A CONTRIBUTION, GET INVOLVED….IT WILL TAKE ALL OF US WORKING TOGETHER TO SEE THIS THROUGH TO A SUCCESSFUL CONCLUSION. 

Current status and how we got here...

Our Mission
Stop the Toxic Wells is a volunteer organization, formed for the sole purpose of defeating current Class I Toxic Injection Well permits, which would allow TexCom Gulf Disposal, LLC to operate up to four injection wells & surface facility on property they purchased on Creighton Road in Montgomery County.

Stop the Toxic Wells as an organization is not opposed to all injection wells. In fact, we champion safe, responsible disposal. We believe it is our responsibility to use our natural resources wisely, as our children will inherit the result of our actions.

Therefore, we demand for the sake of public safety that Class 1 injection wells meet these specific, common sense criterion, and the reasons why the currently proposed site doesn't pass the test:

1. Class 1 Injection wells need to be appropriately located. This means the above ground environs need to support required operations. The proposed site fails this criteria, as these wells will fall within:
   • 300 feet of residential water wells.
   • 2 miles of Little League fields, county parks, churches, and daycare facilities.
   • 2.5 miles of an elementary school.
   • 5 miles of thousands of residences, and the largest Boy Scout camp in East Texas.
   • 7 miles of over 100,000 residences, and one of the largest shopping malls in East Texas.
     
2. Class 1 Injection wells need to be well sited. The proposed site fails this criteria for the following reasons:
   • Expert engineers from the state (TCEQ) and the applicant (TexCom) differed in reservoir modeling for the cone of influence (zone of underground impact) by almost 10,000 feet. The state engineer came up with models ranging from 150 feet to 10,000 feet, and was unable to confirm a definitive impact.
   • The TexCom geological expert testified that his findings were totally different from every other geologist who mapped the site, including Exxon geologists who have managed the site since 1932.
   • Expert engineers, chemists, geologists, and toxicologists living and working in Montgomery County have gone on record saying the site fails the established EPA criteria for Class 1 injection wells.
   • To date, there is no consensus by the experts about the well’s ability to be operated safely.
     
3. Class 1 injection wells need to be appropriately managed. The proposed wells come with significant risk, for the following reasons:
   • The permit, if granted, will allow operation of Class 1 injection wells for 30 years. No one knows who will be managing or operating these wells 1, 5, 10, or 30 years from now. Dr. Ross, CEO of TexCom has made no commitment of how long they plan to own or operate these wells.
   • Not one, single employee, manager, or officer of TexCom, nor any of their subsidiaries has ever operated or managed a Class 1 injection well.
   • Mr. Robert May, managing partner of Foxborough Energy, LLC (a 60% owner of TexCom), has been twice named in lawsuits for failure to comply with the Federal Clean Water Act. One case was dismissed on a technicality, and the other was settled by Mr. May.
     
4. Class 1 injection wells need to be appropriately monitored. The proposed wells fail this criteria for the following reasons:
   • The current policy of “self-monitoring” used by the TCEQ is unacceptable when the consequences of a well failure compromises the entire water supply for Montgomery County, the 26th fastest growing county in the U.S. Additionally at risk is a portion of the water supply for 53 other counties, including the city of Houston, the 4th largest city in the U.S.
   • The financial burden of ensuring that the SOAH recommendations are in place and in force should not be on the people of Montgomery County. Nor should it be at the discretion of the applicant. It should fall squarely on the agency which is mandated and funded to ensure compliance by the Texas State Legislature, namely the TCEQ.
   • An article appearing in the Houston Community News Online on 8/26/08, outlines how ineffective TCEQ fines are in providing adequate funding for repairing failed well damages, or to compel operators to follow safe standards.

The people of Montgomery County, including all residents, business owners, city officials, and elected officials unanimously oppose the permit application for operation of Class 1 injection wells in our county. The economic health and growth of Montgomery County, which is the 26th fastest growing county in the country, is inextricably tied to the protection of our precious water supply.

We therefore urge the TCEQ Commissioners to deny this permit.

For more information, contact:

• Jennifer Real
  • 936-499-7173
  • jreal1@peoplepc.com
    
• Shirley Hoagland
  • 936-756-1464
  • prissy3@consolidated.net
    
• Liz Stephan
  • 936-756-3173
  • ajrodriguez@hotmail.com
  • Se hablo espanol.
• Karen Darcy
  • 713-806-7189
  • edankar@aol.com

Thank you for your support. As a community, we can band together to fight this, and protect our right to safe drinking water.