A neighboring property is soon to drill a Marcellus well. Found out about it last week when a lab came to collect a water sample for XTO. My question is what should a landowner do to provide some level of protection should the water well be contaminated? A basline test seems obvious but any recomendations as to the degree of testing needed? Just want to be protected and feel it is probably in my best interests to do another test rather than relying on the one from the drilling company.
This well will be located in southern Butler County. I am located aprox 1,500' from the wellhead, aprox 1,000'+ from the horizontal bore. There are also close to 30 other neighboring properties within 2,000' of the wellhead, none of which is involved in any way with the lease. I have seen mention of hiring a consultant to oversee the sampling but bear in mind that there is no monetary benefit to this whatsoever so any costs must be at my or my neighbor's expense.
Thanks!
Tags:
And if you have it in the addendum to receive a copy of their report,
the O&G will just delete it. You are on your own. But from what I
read, they always seem to come through, but for how long, who knows
only time will tell.
Here are the PA DEP regs concerning predrill samples. Section (c) covers your concerns.
78.52. Predrilling or prealteration survey.
(a) A well operator who wishes to preserve its defense under section
208(d)(1) of the act (58 P. S. § 601.208 (d)(1)) that the pollution of a water supply
existed prior to the drilling or alteration of the well shall conduct a predrilling
or prealteration survey in accordance with this section.
(b) A person who wishes to document the quality of a water supply to support
a future claim that the drilling or alteration of the well affected the water
supply by pollution may conduct a predrilling or prealteration survey in accordance
(c) The survey shall be conducted by an independent certified laboratory. A person independent of the well owner or well operator, other than an employee of the certified laboratory, may collect the sample and document the condition of the water supply, if the certified laboratory affirms that the sampling and documentation is performed in accordance with the laboratory’s approved sample collection, preservation and handling procedure and chain of custody.
(d) An operator electing to preserve its defenses under section 208(d)(1) of
the act shall provide a copy of the results of the survey to the Department and
the landowner or water purveyor within 10-business days of receipt of the results.
Test results not received by the Department within 10 business days may not be
used to preserve the operator’s defenses under section 208(d)(1) of the act.
(e) The report describing the results of the survey must contain the following
information:
(1) The location of the water supply and the name of the surface landowner
or water purveyor.
(2) The date of the survey, and the name of the certified laboratory and the
person who conducted the survey.
(3) A description of where and how the sample was collected.
(4) A description of the type and age, if known, of the water supply, and
treatment, if any.
(5) The name of the well operator, name and number of well to be drilled
and permit number if known.
(6) The results of the laboratory analysis.
(f) A well operator who wishes to preserve the defense under section
208(d)(2) of the act that the landowner or water purveyor refused the operator
access to conduct a survey shall confirm the desire to conduct this survey and that
access was refused by issuing notice to the person by certified mail, or otherwise
document that access was refused. The notice must include the following:
(1) The operator’s intention to drill or alter a well.
(2) The desire to conduct a predrilling or prealteration survey.
(3) The name of the person who requested and was refused access to conduct
the survey and the date of the request and refusal.
(4) The name and address of the well operator and the address of the
Department, to which the water purveyor or landowner may respond.
If you decide to do your own predrill test also, here is the link of DEP suggested parameters:
http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-82193/5500-F...
You should also perform a well yield test. Location of the well should should be documented with GPS coordinates
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