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Environmental Hearing Board Will Hear Key Arguments On Appeal By A Washington County Family Alleging Shale Gas Drilling Contaminated Their Water Supply With PFAS And Other Chemicals

On October 6, the Environmental Hearing Board issued a decision saying it will hear key arguments on whether DEP should have considered soil contamination and air pollution resulting from drilling and operation of a shale gas well pad 500 feet away from a Washington County family's home that played a role in contaminating their water supply.

In May, Bryan Latkanich appealed a water supply determination issued by DEP saying the shale gas well pad did not result in the contamination of his family’s water supply with PFAS 'forever chemicals," radioactive radium and other contaminants.

DEP, however, acknowledged in the determination the “widespread presence of PFAS” forever chemicals in fresh water may have led to the drilling company “inadvertently” using contaminated water to frack shale gas wells on the pad. Read more here.

DEP also did not test anywhere on the Latkanich property for radioactive radium, in spite of multiple requests by the family. DEP said it did not think the testing was necessary to establish a link between the contamination and oil and gas operations.

Elevated levels of Radium-226 and Radium-228 are known indicators of oil and gas waste contamination.

The Latkanich's said DEP failed "to obtain information regarding all environmental effects in this matter" as it is required to do as a trustee under the state's Environmental Rights Amendment to the state constitution.

Latkanich also claimed DEP did not fulfill its mission to protect the environment and public health by fully investigating their water issues.

The contamination in their water supply, Latkanich said, deprived them of the use of their property and jeopardized his family's health and safety.

As a result of this incomplete investigation, Latkanich alleged DEP's inaction led to the wrong conclusion about how their water supply was affected.

DEP made a motion to dismiss several of the key allegations from the appeal because it said the Environmental Hearing Board does not have jurisdiction over instances of Department inaction.

The Board, however, ruled, "...to the extent that Mr. Latkanich is arguing that soil contamination or air pollution resulting from the drilling, alteration or operation of oil or gas wells played a role in contaminating his Water Supply and should have been considered by the Department in its Section 3218 [oil and gas] investigation, he may pursue those claims in his appeal of the Determination Letter."

The Board said it is within its jurisdiction to look at whether "the Department failed to fulfill its duties as trustee under Article I, Section 27 [Environmental Rights Amendment] in connection with the Section 3218 Water Supply investigation and Determination Letter."

The Board also said it will consider a "takings" claim by the Latkanich family in hearing the appeal.

The Board did agree with DEP on the issue of whether it has jurisdiction over instances of Department inaction-- it doesn’t.

The Board took no position on the merits of each of the issues.

Click Here for a copy of the opinion.

Documents related to this case can be found at EHB Docket #2023043

(Photo: The Latkanich property and Chevron/EQT well pad. Impoundments have since been removed.)

Related Articles - Shale Gas/PFAS:

-- DEP: Widespread Presence Of PFAS ‘Forever Chemicals’ In Fresh Water May Have Led To ‘Inadvertently Using Contaminated Water For Fracking Shale Gas Wells In Washington County [PaEN]

-- DEP To Increase Monitoring, Develop Surface Water Standard For PFAS 'Forever Chemicals' After Study Shows 76% Of Streams, Rivers Contained At Least One Of These Chemicals [PaEN]

PA Oil & Gas Industry Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard - Sept. 30 to Oct. 6 -- Company Tries To Limit DEP Investigation; Unauthorized Water Withdrawals; Can’t Pay For Reno Cleanup; Venting Gas Wells; More Abandoned Conventional Wells [PaEN]

-- Repsol Gas USA Issued Violation For Denying DEP Right To Document Damaged Shale Gas Well Casing During Investigation Of Uncontrolled Gas Venting In Bradford County [PaEN]