State says owner of closed Weathersfield injection well appealed too late

WEATHERSFIELD TWP., Ohio - A state agency is arguing that the owner of a closed well in Weathersfield Township that was drilled to inject oil and gas drilling waste into the ground was too late in appealing state restrictions that would govern the reopening of the well.
The Ohio Department of Natural Resources Oil and Gas is Commission asking the Franklin County Common Pleas Court to dismiss an administrative appeal from the American Water Management Services, which operates brine injection wells along Route 169. One of the wells has been shut down since a 2.1 magnitude earthquake at the site.
The Oil and Gas Commission said in a motion filed last week that AWMS missed a deadline to file an appeal within 30 days of the commission's June 30th ruling.
That ruling denied AWMS's appeal of a state decision to allow the well to reopen under the condition that it would have to shut down again if a 2.1 or greater earthquake is measured within a three-mile radius of the site, giving the state time to investigate the cause of the seismic activity.
The Commission rejected a counter-proposal from AWMS that would pause well operations for twenty days if there was a 3.0m quake. The well could then resume operations at a temporarily lower injection rate. AWMS characterized the commission's rules as too restrictive.
The state notes that schools, residences, the Mineral Ridge Dam, a fire department, a hospital, and other buildings are within three miles of the well site. The Niles Intermediate School is about 2,000 feet away from the well.
The Mahoning Valley Sanitary District estimates that the Mineral Ridge Dam, which is three miles from the site, is currently in need of more than $41 million dollars of repairs to make
it safe.
The state-mandated 2.1 magnitude threshold, which AWMS attorneys say is arbitrary, is deemed too low by AWMS CEO Ron Klingle, who says reopening the well under that restriction would not be economically viable.