SB 594 was introduced Friday (single reference to Judiciary). It requires drilling wastes to go to a separate cell and requires approval from the PSC and the local Solid Waste Authority. But it does not explicitly retain the tonnage caps. Instead, the SWA siting plan would identify the maximum amount of drill cuttings, and those drill cuttings would not count toward the solid waste tonnage cap imposed by solid waste laws. The bill does not mandate radiation monitoring, but requires DEP to propose emergency and legislative rules on liners, leachate, monitoring, etc.
Is this an acceptable alternative to the DEP bill?
JBK
All:
Here’s an update on Marcellus legislative activities of this week:
GOOD NEWS = The efforts to ask Chairman Tim Miley to NOT waive the review by House Judiciary Committee worked. He has refused to waive 2nd reference for HB4411. My APPRECIATION to everyone for the emails and phone calls!
BAD NEWS = We have learned there will be a Committee Substitute offered in House Judiciary that is NO better than the current language in HB4411. This language reads like the WV-DEP wrote it – again allowing the unlimited landfilling of Marcellus waste statewide (but does provide for priority of MSW over Marcellus waste and provides for radiation detectors at landfills).
GOOD NEWS = A non-profit watchdog group called WV-Citizens Action Group has been granted a public hearing on HB4411. The public hearing in the House Chambers for 5 pm on Monday, February 17, 2014. PLEASE ATTEND!
GOOD NEWS = Senator(s) Kessler, Unger and Cann have introduced SB594. It can be viewed at:
Specifically, SB594 allow landfills to take horizontal drill cuttings and associated wastes ONLY if:
1. the solid waste authority adopts a siting plan to allow it; (meaning solid waste authorities can DENY accepting it and/or set a tonnage cap of the Marcellus cell if they decide to accept it)
2. the WV-PSC issues or amends a Certificate of Need (CON) to allow it;
3. the drilling waste is in a separate cell made for those wastes;
4. WV-DEP has to develop standards for the cell liner, leachate system and ongoing leachate management and testing to protect human health and the environment.
SB594 will require local input and decision making over the management of Marcellus waste via the ten siting criteria in the siting plan. Those solid waste authorities that are comfortable with accepting the waste, can continue to do so. Those that have concerns, can evaluate those concerns at the local level and then issue or deny a permit via its siting plan. The landfills that are currently accepting the waste can continue to accept it until September 2014 or until the application for the CON or amended siting plan are denied whichever comes first.
The two Class A landfills (Harrison and Ohio) that are accepting the drilling waste in large volumes already have a special cell and approval from the PSC and the local solid waste authority is OK with it. The counties that don't want the drilling waste will have the authority, under this bill, to refuse the waste by not approving it via the siting plan.
NEXT ACTION ITEM: Please attend the public hearing set for 5 pm on Monday, February 17, 2014 in the House Chambers.