Marcellus Drill Cutting
Waste
Legislation
Update
May 7, 2014
Berkeley County Solid Waste Authority
Thank You !
 Silas Taylor – Legal Counsel, former
Senior Attorney General at WV Attorney
General’s Office.
 Bill Hughes – Chairman, Wetzel County
SWA
 Mark Holstine – Executive Director, West
Virginia Solid Waste Management Board
Basic View
Marcellus Shale
Expected Productive Area
Public Opinion News – Chambersburg Pa.
 http://www.publicopiniononline.com/local
news/ci_17246940
What is Marcellus drill cutting
waste?
How did we get here?
 On December 14, 2011, the Horizontal Well
Control Act requires the landfilling of drill
cutting waste.
 WV-DEP Memo – January 11, 2013
 WV-DEP Memo – February 21, 2013
 WV-DEP Memo – July 26, 2013
 Most solid waste authorities not notified of
memo’s until November, 2013.
What did the WV-DEP memo’s
do?
 Advises landfills of two options for
handling Marcellus waste:
 Option 1: Follow laws to convert to
Class A.
 Option 2: Construct an unlimited
tonnage special cell.
To qualify for Option 2
(under the memo’s):
 Apply to the WV-DEP for a permit modification to
construct a separate cell prior to December 31, 2013.
 Apply to the WV-PSC for a CoN by June 11, 2013.
 Complete construction of the special cell by September
30, 2014.
 Leachate generated by special cell must be kept
separate from normal leachate.
 Landfills without special cells can continue to accept
Marcellus waste but cannot exceed its tonnage caps.
 Pay all State and local tipping fees.
 Other construction and handling requirements.
Where does the leachate
go?
December 11, 2013 Public Hearing
 Berkeley County Comprehensive Litter
and Solid Waste Control Plan
 Dominant comment from the public asked
for ban on landfilling of Marcellus drilling
waste in Berkeley County.
 Update: county solid waste plans cannot
ban waste.
 Landfill bans are implemented by an act of
the Legislature.
BCSWA Resolution
2014 Regular Legislative Session:
 Four bills introduced:
 HB3075 – Del(s): Nelson, Storch, Ferns,
Diserio, Evans, Ferro, Jones, Swartzmiller,
Miley, Morgan.
HB4411- Del(s): Phillips, Ashley, Barker, Craig,
Eldridge, Evans, Ferro, Hamilton, Skaff.
 SB474 – Sen(s): Cann, Beach, Hall, Edgell,
Kirkendoll, Plymale.
 SB594 – Sen(s): Unger, Cann, Kessler.
2014 Special Session
 HB107 / SB1007– introduced by
Governor Tomblin.
 Nearly identical to final HB 4411.
 HB107 introduced and passed on March
14, 2014.
 Effective on March 14, 2014.
What does HB107 do?
 Codified WV-DEP memo’s.
 Created unlimited tonnage separate cells
dedicated for drilling waste within certain
existing municipal solid waste landfills.
 WV-DEP shall promulgate rules to
establish toxin limits for heavy metals,
benzene, toluene, xylene, barium,
chlorides, radium and radon.
What does HB107 do
(more) ?
 Landfills without special cells can
continue to accept Marcellus waste but
cannot exceed its tonnage caps.
 Requires WV-DEP to present a leachate
study before 7/1/2015, and
 Requires WV-DEP to complete an
economic feasibility study of establishing
separate disposal locations.
What does HB107 do
(more) ?
 Requires WV-DEP to study alternative
disposal for reuse, such as fill material.
 Creates Gas Field Highway Repair and
Horizontal Drilling Waste Study FundNew $1/per ton tipping fee to fund $750K
for study and road improvements near
landfills accepting Marcellus waste.
What does HB107 not do?
 The bill does not prohibit the landfilling of
Marcellus waste in a county that contains
karst.
 Retain local control on tonnage caps –
Appear to have taken local control from
Wetzel County SWA regarding landfill
tonnage caps.
 No local public hearing or review.
To qualify for the separate
unlimited tonnage cell:
 1) Must have requested or obtained a WV-PSC Certified of Need
on or before March 8, 2014.
 2) Must have a WV-DEP permit modification to construct a
separate cell pending prior to December 31, 2013.
 3) Install radiation monitors by January 1, 2015.
 4) Special cell cannot be located in a county that is, in whole or in
part, within a karst region.
West Virginia Karst Areas
Eastern Panhandle Karst
Areas
Landfills that seem to qualify for the
special cell under HB107
Map
Number
Class Facility Name
Owner
County
City
Permit Limit NonTons/Month Marcellus
Capacity
Years**
1
A
Brooke/Valero
Mascaro
Brooke
Colliers
20,000
2
A
Short Creek
Allied/
Republic
Ohio
Wheeling
30,000
3
B
Wetzel
Mascaro
Wetzel
New
Martinsville
9,999
4
A
Meadowfill
Waste
Management
Harrison
Bridgeport
30,000
7
A
Northwestern
Waste
Management
Wood
Parkersburg
30,000
30
51
100
* Map is 4-1 of the 2013 West Virginia Solid Waste Management Plan
** Based on data from the 2013 West Virginia Solid Waste Management
Plan
70
Not
Stated
Landfills that qualify to accept Marcellus
drill cutting waste in the regular MSW
cell.
Cookman Amendment
 “provided, That a commercial solid waste facility that is
located in a county that is, in whole or in part, within a
karst region as determined by the WV Geologic and
Economic Survey may not lawfully receive drill cuttings
and drilling waste generated from horizontal well sites.”
 Passed Senate Judiciary Committee unanimously.
 But, was not included in HB107.
Questions ??