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TexCom effort stalls
  
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By LUCRETIA CARDENAS
Texas Commission on Environmental Quality commissioners on Wednesday refused to grant a permit sought by TexCom Gulf Disposal to inject nonhazardous wastewater into an existing well in the old Conroe Oilfield.
They agreed with Montgomery County authorities that TexCom did not fulfill its burden of proof to show the injection wells are safe from infiltrating the underground aquifer, which Montgomery County residents depend on for drinking water.
The TCEQ commissioners ordered TexCom during a hearing Wednesday afternoon in Austin to retest its well to determine whether or not faults in the ground could be leaky. If the faults are leaky, the wastewater could possibly move up toward the aquifer through any of the more than 500 abandoned oil wells in the Conroe Oilfield, located off Creighton Road.
The results of the testing will be brought in six months before the State Office of Administrative Hearing judges, who will issue an opinion that will send the issue before the TCEQ commissioners again for consideration.
The SOAH judges heard the initial hearing on the permit in December 2007. Attorneys representing TexCom, the Lone Star Groundwater Conservation District, Montgomery County, the city of Conroe and aligned residents were all present.
Differing test results on the stability of the well were offered during that hearing by geologists from TexCom and the LSGCD.
The SOAH judges recommended in May that the permit be granted as long as TexCom was required to retest its well after TexCom perforated, or reinforced, the well.
TexCom attorney John Riley said Wednesday the company always intended to perforate the well, and the number presented are estimates.
However, TCEQ commissioners expressed a need for precise figures.
“There’s a lot of theory built into this,” TCEQ Commissioner Larry Soward said.
He questioned Riley about why TexCom did not perforate the well before submitting the application so the calculations would be more accurate.
“You want to say, ‘Trust us and we’ll come back and show you we’re right,’” Soward said.
TCEQ Commissioner Bryan Shaw said he preferred “real data as opposed to theory.”
In addition to retesting the well’s stability, the TCEQ commissioners asked TexCom to provide evidence that the well is in the public interest, as counsel for the Texas Attorney General’s Office said TexCom failed to present alternatives for disposal of wastewater.
While the nearly 200 Montgomery County residents at the TCEQ hearing were not thrilled about the decision made by the TCEQ commissioners Wednesday, they remain hopeful. If TexCom’s new test results match the results of LSGCD’s geologist, the TCEQ commissioners may not approve the permit.
With the process stalled, Montgomery County lawmakers have a chance to possibly pass legislation that would hinder or even prohibit wastewater from being injected in the well. The 81st state Legislature begins in January.
State Sen. Robert Nichols, R-Jacksonville, and Rep. Brandon Creighton, R-Conroe, filed bills last week that regulate injection well locations and operations.
Nichols, Creighton and Rep. Rob Eissler, R-The Woodlands, attended the Wednesday hearing and spoke on behalf of the residents. Montgomery County Precinct 2 and Precinct 4 Commissioners Craig Doyal and Ed Rinehart also voiced their support for residents’ concerns.
“When we have delays for construction on Interstate 45 because a red-cockaded woodpecker was spotted and more delays when a salamander was spotted … I don’t know why we’re even considering injecting toxic chemicals into the ground,” Doyal said.
Montgomery County Attorney David Walker received rounds of applause from residents when he spoke to the TCEQ commissioners about the number of public entities who oppose the well. He said all 400,000 county residents were against it.
He also emphasized the discrepancies between TexCom’s data and the data compiled by the county, LSGCD and the allied residents.
“To grant the permit in the face of this uncertain science would be irresponsible,” Walker said. “That’s placing the cart way before that horse.”
TCEQ Chairman Buddy Garcia was forced to use his gavel to quiet residents’ applause and cheers and bring the hearing to order.
Four chartered buses took more than 100 residents, young and old, to Austin Wednesday. Some had followed the fight against TexCom’s permit from the beginning and others had heard about the issue only recently.
“It’s so good to see the community come together,” Shirley Hoagland, who lives near the old Conroe oilfield, said. “We never dreamed we’d get this much support.”
Hoagland wrote the initial letter to the TCEQ about TexCom’s proposed well two years ago. She was one of the first 13 people to attend monthly community meetings to coordinate efforts against TexCom’s permit.
As the opposition grew to include hundreds of residents and legislators, Hoagland felt the strength of a united community.
“It’s been a long battle and it’s a relief to be at this point,” Hoagland said. “It’s a blessing to meet so many nice people but I’d rather had met them in a different way.”
Kayla Fotterhoff, 14, was heading to Austin to show her support a second time. She was also on the buses this summer to protest against the well outside the TCEQ headquarters.
Fotterhoff gave an impromptu speech during that protest.
“Basically, I said that toxic wells should not be put in near people and livestock,” Fotterhoff said.
Rebecca McGee, who lives down the road from the Conroe oilfield, said she researched the issue after seeing signs about stopping the well in her neighborhood. She began attending meetings a month ago.
“I saw the signs before but I didn’t want to oppose something to just oppose it,” McGee said. “I did research on the old pipes… I talked to people who used to work at the oilfield and we also heard from a chemist.”
They agreed with Montgomery County authorities that TexCom did not fulfill its burden of proof to show the injection wells are safe from infiltrating the underground aquifer, which Montgomery County residents depend on for drinking water.
The TCEQ commissioners ordered TexCom during a hearing Wednesday afternoon in Austin to retest its well to determine whether or not faults in the ground could be leaky. If the faults are leaky, the wastewater could possibly move up toward the aquifer through any of the more than 500 abandoned oil wells in the Conroe Oilfield, located off Creighton Road.
The results of the testing will be brought in six months before the State Office of Administrative Hearing judges, who will issue an opinion that will send the issue before the TCEQ commissioners again for consideration.
The SOAH judges heard the initial hearing on the permit in December 2007. Attorneys representing TexCom, the Lone Star Groundwater Conservation District, Montgomery County, the city of Conroe and aligned residents were all present.
Differing test results on the stability of the well were offered during that hearing by geologists from TexCom and the LSGCD.
The SOAH judges recommended in May that the permit be granted as long as TexCom was required to retest its well after TexCom perforated, or reinforced, the well.
TexCom attorney John Riley said Wednesday the company always intended to perforate the well, and the number presented are estimates.
However, TCEQ commissioners expressed a need for precise figures.
“There’s a lot of theory built into this,” TCEQ Commissioner Larry Soward said.
He questioned Riley about why TexCom did not perforate the well before submitting the application so the calculations would be more accurate.
“You want to say, ‘Trust us and we’ll come back and show you we’re right,’” Soward said.
TCEQ Commissioner Bryan Shaw said he preferred “real data as opposed to theory.”
In addition to retesting the well’s stability, the TCEQ commissioners asked TexCom to provide evidence that the well is in the public interest, as counsel for the Texas Attorney General’s Office said TexCom failed to present alternatives for disposal of wastewater.
While the nearly 200 Montgomery County residents at the TCEQ hearing were not thrilled about the decision made by the TCEQ commissioners Wednesday, they remain hopeful. If TexCom’s new test results match the results of LSGCD’s geologist, the TCEQ commissioners may not approve the permit.
With the process stalled, Montgomery County lawmakers have a chance to possibly pass legislation that would hinder or even prohibit wastewater from being injected in the well. The 81st state Legislature begins in January.
State Sen. Robert Nichols, R-Jacksonville, and Rep. Brandon Creighton, R-Conroe, filed bills last week that regulate injection well locations and operations.
Nichols, Creighton and Rep. Rob Eissler, R-The Woodlands, attended the Wednesday hearing and spoke on behalf of the residents. Montgomery County Precinct 2 and Precinct 4 Commissioners Craig Doyal and Ed Rinehart also voiced their support for residents’ concerns.
“When we have delays for construction on Interstate 45 because a red-cockaded woodpecker was spotted and more delays when a salamander was spotted … I don’t know why we’re even considering injecting toxic chemicals into the ground,” Doyal said.
Montgomery County Attorney David Walker received rounds of applause from residents when he spoke to the TCEQ commissioners about the number of public entities who oppose the well. He said all 400,000 county residents were against it.
He also emphasized the discrepancies between TexCom’s data and the data compiled by the county, LSGCD and the allied residents.
“To grant the permit in the face of this uncertain science would be irresponsible,” Walker said. “That’s placing the cart way before that horse.”
TCEQ Chairman Buddy Garcia was forced to use his gavel to quiet residents’ applause and cheers and bring the hearing to order.
Four chartered buses took more than 100 residents, young and old, to Austin Wednesday. Some had followed the fight against TexCom’s permit from the beginning and others had heard about the issue only recently.
“It’s so good to see the community come together,” Shirley Hoagland, who lives near the old Conroe oilfield, said. “We never dreamed we’d get this much support.”
Hoagland wrote the initial letter to the TCEQ about TexCom’s proposed well two years ago. She was one of the first 13 people to attend monthly community meetings to coordinate efforts against TexCom’s permit.
As the opposition grew to include hundreds of residents and legislators, Hoagland felt the strength of a united community.
“It’s been a long battle and it’s a relief to be at this point,” Hoagland said. “It’s a blessing to meet so many nice people but I’d rather had met them in a different way.”
Kayla Fotterhoff, 14, was heading to Austin to show her support a second time. She was also on the buses this summer to protest against the well outside the TCEQ headquarters.
Fotterhoff gave an impromptu speech during that protest.
“Basically, I said that toxic wells should not be put in near people and livestock,” Fotterhoff said.
Rebecca McGee, who lives down the road from the Conroe oilfield, said she researched the issue after seeing signs about stopping the well in her neighborhood. She began attending meetings a month ago.
“I saw the signs before but I didn’t want to oppose something to just oppose it,” McGee said. “I did research on the old pipes… I talked to people who used to work at the oilfield and we also heard from a chemist.”
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MCO Resident wrote on Dec 3, 2008 7:17 PM: