Saying it places the safety of the Mahoning Valley at risk, a state regulatory agency says it will appeal a judge's order allowing a drilling waste injection well to resume operations in Weathersfield Township.

Matt Eiselstein of the Ohio Department of Natural Resources says Franklin County Common Pleas Court Judge Kimberly Cocroft has rejected the ODNR's plan to restart an injection well owned by American Water Management Services along Route 169.

The well was shut down by the Ohio Division of Oil and Gas Resources Management since a 2.1 magnitude earthquake was recorded in the area on August 31, 2014.

Geologists have linked deep injection wells to seismic activity in some rock formations.

On Wednesday, Judge Cocroft rejected an ODNR operational plan for the well that it says would have created what it characterized as the “appropriate protections for the citizens in the area”,

Under the court approved plan, American Water Management would gradually increase the amount of injected brine and pressure at the well over a sixty day period while seismic activity would be monitored.

If there are no seismic events recorded in the area exceeding 2.35 magnitude in the first 60 days of operation, restrictions would be lifted on volume and average injection pressure at the well.

If there is a seismic event exceeding 2.35 magnitude during the period, the well operator would be required to reduce volume and pressure and restart the process of slowly increasing pressure and volume.

Any seismic event of 3.5 magnitude or greater would require a twenty day shutdown of the well, followed by repeating the process of a gradual restart under reduced volume and pressure.

Weathersfield Township Trustee, H. Gilson Blair, said, "I understand they may reduce pressures but you're still putting a volume of something down in that ground and that ground has reacted before on that particular fault line. I think the best evidence we have is we haven't had measurable seismic activity while the well has been shut down."

American Water Management has offered to provide immediate notice of any seismic events to Weathersfield Trustees and emergency services.

Judge Cocroft said that any imminent threat to safety, health or the environment at or near the well will require an immediate cessation of injection operations.

The well cannot reopen until two representatives of American Water Management and two representatives of the Commission determine that the threat has passed.

In an earlier court filing, the Oil and Gas Division cited a study that concluded the Weathersfield well is located near a fault that is similar to the fault associated with the seismic activity of the Northstar well in Youngstown, where a 4.0 magnitude earthquake was recorded.

The Division points out that the Weathersfield well is less than three miles from Meander Creek Dam, which forms the reservoir that supplies water to more than 200,000 people in the Youngstown and Niles area.

Also within three miles of the well are nine schools, two hospitals and one fire department.

The ODNR says judge Cocroft's order unnecessarily places the safety of the Mahoning Valley community at risk.

“The court approved a plan that essentially will allow this injection well to cause an unlimited number of seismic events of any magnitude, while offering no chance for ODNR to require the well to be plugged,” said Eiselstein, who says in addition seeking an appeal, ODNR will also ask that a stay be placed on the judge's order.

Judge Cocroft said in her court entry that there is no just reason to delay resumption of operations at the well.

Judge Cocroft's order may be read here.