Are there disadvantages to relying solely on the gas company's water test?
The information in any Gas Company's report is relevant. However...
No. Neither organization tests your water. EPA rules don't apply to private wells. And as far as the PA DEP is concerned, protecting and maintaining a private well is the responsibility of the homeowner.
Is the gas company required to test my drinking water?
No. They are not required to test your water. However, there is huge incentive to test any water well within a 2,500 feet of their gas well. In that zone, the gas company is “Presumed Responsible” (i.e., guilty until proven innocent) for drinking water contamination unless they have conducted a pre-drill test that clears them.
They are not required to:
What is a Split Sample?
A sample taken from a single source (e.g., kitchen tap) is divided in two, with each sample analyzed by a separate lab.
This type of sampling verifies the accuracy of each lab. In cases where a third party takes a sample at the same time as the agent of the gas drilling company, the sampling time, place, technique, weather, etc will be identical, minimizing variables that attorneys could exploit in the future.
Can I collect the water sample myself?
No. Do not collect your own water sample if you want the test results to stand up in court. To be legally-defensible, samples must be collected by an unbiased third party who uses accepted procedures and verifies the chain of custody for the sample.
What is a Chain of Custody?And why is it important?
A written record of individuals who had physical possession of the sample. The Chain of Custody is prepared when the sample is taken and follows the sample to the lab. Whoever relinquishes the sample and whoever accepts the sample must acknowledge doing so with their signature, time and date. Without a Chain of Custody, your lab results are not going to stand up in court. Who can say where the sample came from or whether someone with a vested interest in the results handled it.
What should I do when the gas company comes to test my well?
Contact the PA DEP and file a notice requesting that an investigation be conducted.
Information you need to provide:
Keep a diary and any other records you can of the problems you experience to help you claim damages later.
When should I re-test my water for contamination?
Because methane—and therefore, natural gas—does not have any odor, the gas company adds a warning “rotten-egg” smell (mercaptan or a similar sulfur-based compound) that can be easily detected by most people.
What are parts per million (ppm) or milligrams per liter (mg/L)?
Parts per million and milligrams per liter are units of measurement like an ounce or a pound. They are equivalent so 1 ppm = 1 mg/L. When measuring extremely small quantities, they help provide precision. How small is 1 ppm or 1 mg/L?
What is the "Halliburton Loophole?"
Under Vice President Cheney's Energy Task Force in 2005, Fracking was exempted from significant EPA regulation.
The gas company is presumed responsible for any water contamination that occurs within 2,500 feet of their gas well. They are "guilty until proven innocent" unless they can prove:
The information in any Gas Company's report is relevant. However...
- The tests may not include everything they should be testing for to detect impacts from drilling activity...
- In a future court case, you don't necessarily have access to their tests, the laboratory personnel or the people who collected the samples if a problem does arise now or in the future...
- You cannot compel expert testimony - and a contractor for a gas company are likely protect and support their client...
- The Gas Company is unlikely to return to test your water after drilling is completed.
No. Neither organization tests your water. EPA rules don't apply to private wells. And as far as the PA DEP is concerned, protecting and maintaining a private well is the responsibility of the homeowner.
Is the gas company required to test my drinking water?
No. They are not required to test your water. However, there is huge incentive to test any water well within a 2,500 feet of their gas well. In that zone, the gas company is “Presumed Responsible” (i.e., guilty until proven innocent) for drinking water contamination unless they have conducted a pre-drill test that clears them.
They are not required to:
- Test for particular contaminants (their test might not cover contaminants you should test for)
- Test your water after drilling (there is NO INCENTIVE after they finish drilling)
What is a Split Sample?
A sample taken from a single source (e.g., kitchen tap) is divided in two, with each sample analyzed by a separate lab.
This type of sampling verifies the accuracy of each lab. In cases where a third party takes a sample at the same time as the agent of the gas drilling company, the sampling time, place, technique, weather, etc will be identical, minimizing variables that attorneys could exploit in the future.
Can I collect the water sample myself?
No. Do not collect your own water sample if you want the test results to stand up in court. To be legally-defensible, samples must be collected by an unbiased third party who uses accepted procedures and verifies the chain of custody for the sample.
What is a Chain of Custody?And why is it important?
A written record of individuals who had physical possession of the sample. The Chain of Custody is prepared when the sample is taken and follows the sample to the lab. Whoever relinquishes the sample and whoever accepts the sample must acknowledge doing so with their signature, time and date. Without a Chain of Custody, your lab results are not going to stand up in court. Who can say where the sample came from or whether someone with a vested interest in the results handled it.
What should I do when the gas company comes to test my well?
- Let them conduct their sampling and testing. If you don't allow them to do their pre-drill testing, they get off the hook from their Presumed Responsibility.
- Request ID. The individual should work for an independent lab, not the gas company.
- Request a copy of the report. If the gas company does not provide the results, you can get a copy from the PA DEP by calling the local DEP office.
Contact the PA DEP and file a notice requesting that an investigation be conducted.
Information you need to provide:
- Your name, address and telephone number
- The type, location and use of the water supply
- Any available background quality and quantity data regarding the water supply. For example, a copy of your pre-drilling water testing
- Well depth, pump setting and water level, if known
- Description of the pollution or diminution.
Keep a diary and any other records you can of the problems you experience to help you claim damages later.
When should I re-test my water for contamination?
- If you notice changes in color, taste, odor or quantity of water
- Penn State Cooperative Extension recommends testing "soon after drilling is completed to allow time to receive the results and take action before six months has passed. This will maintain the burden of proof on the gas company rather than the homeowner."
- The Community Science Institute, a non-profit entity, recommends that “the full set of certified baselines tests be repeated every time the well is hydraulically fractured or every two years, whichever comes first.”
Because methane—and therefore, natural gas—does not have any odor, the gas company adds a warning “rotten-egg” smell (mercaptan or a similar sulfur-based compound) that can be easily detected by most people.
What are parts per million (ppm) or milligrams per liter (mg/L)?
Parts per million and milligrams per liter are units of measurement like an ounce or a pound. They are equivalent so 1 ppm = 1 mg/L. When measuring extremely small quantities, they help provide precision. How small is 1 ppm or 1 mg/L?
- 30 seconds in a year
- 1 penny in $10,000
- 1 drop in 40 gallons
What is the "Halliburton Loophole?"
Under Vice President Cheney's Energy Task Force in 2005, Fracking was exempted from significant EPA regulation.
- The Safe Drinking Water Act excludes Fracking in the ENERGY POLICY ACT OF 2005. Go to Page 102, Section 322. HYDRAULIC FRACTURING.
- The Clean Water Act changes the definition of the word "Pollutant to exclude "water, gas, or other material which is injected into a well to facilitate production of oil or gas..." See it in the Clean Water Act. SEC. 502 [33 U.S.C. 1362] General Definitions
The gas company is presumed responsible for any water contamination that occurs within 2,500 feet of their gas well. They are "guilty until proven innocent" unless they can prove:
- The pollution was already there (so they test to be sure)
- You turned them away when they came to test (please let them in)
- Your well is outside 2,500 feet (only within that small radius)
- The pollution occurred more than 12 months after drilling stopped (don't wait too long to make a claim)
- Something else caused the pollution (It wasn't us...)
