Sunday, December 3, 2017

2017 FracTracker Award recipent Ray Kemble ON TRIAL Dec 11th hearing in Montrose


Here's an update about Ray Kemble of Dimock PA.
and the "Fracking Trial of the Century".

Court Hearing:
Ray's first hearing in Cabot Oil & Gas's $5M SLAPP suit is

WHEN: Monday, Dec 11th, at 9:30 AM
WHERE: Susquehanna County Court,

      105 Maple St, Montrose, PA 18801

PLEASE COME!!! This is the Fracking Trial of the Century.
​The court is hearing Ray's motion for immunity under PA's new Anti-SLAPP law,
and a motion to unseal Ray's actual settlement agreement with Cabot.=
Law nerds may appreciate reading the Case Record here:
Cabot v. Kemble 2017-936-CP
which available at the bit.ly/BHDCSDimockArchive




Ray was recently honored to be a recipient of the
FracTracker 2017 Community Sentinel Award for
Environmental Stewardship


Event Video:
https://www.facebook.com/AmericansAgainstFracking/videos/1177959119004273/

You have probably heard Ray is being sued by Cabot Oil and Gas
for $5 Million Dollars (SLAPP suit).
(Info about the Dec 11th hearing is below...) 

There is some EXCITING NEWS about this case coming out this week...
Sorry to be a tease... stay tuned!!!

-------------------------------------------------------
Brief History

Ray Kemble of Dimock PA signed a lease with Cabot Oil and Gas in 2006.
At the time, Cabot's "Land Man" said there would be no problems, just a little
"Christmas Tree" over the wellhead.  Ray was completely unprepared
for the industrial onslaught which ensued.

Ray's private water well was first contaminated by gas drilling in 2009.

In the final of a series of Consent Orders and Settlement Agreements (COSAs)
dated Dec 15, 2010, between Cabot and PA DEP, Cabot was banned from Drilling and
Fracking inside the "Dimock Impacted Area" (9 square miles) until
the problems were fixed.
The ban is still in place today.
However, PA DEP did allow Cabot to frack 7 "stranded" wells
inside the "Dimock Impacted Area" after Cabot argued they had
met the terms of the COSA. (For some reason, Cabot only seems
to have fracked 6/7).

Mr. Kemble experienced NEW water quality changes, even worse
than before.



-------------------------------------------------------
LEARN MORE about the HISTORY OF DIMOCK
To understand the importance of this case,
you have to understand the history of what has
happened in Dimock.

Check out these two excellent videos
by Hope Forpeace for background info.





If you are more of a reader:

-------------------------------------------------------
Current Media and Press
Official Current Press Release:
TinyURL.com/KembleDec11HearingPressRelease

Press Contact:

Hope Forpeace / AK Productions

Alternate Press Contact:

--------------------------------------------------------
Ray Needs funds....

Ray Kemble
is 1/2 way to raising funds necessary to SAVE HIS HOME.
Please contribute here: TinyURL.com/LastManStandingInDimock
so that Ray can keep fighting.

Listen to Actor Jamie Cromwell and Craig Stevens say why this is
important: https://www.youtube.com/watch?v=ZJJRKfYV9TM

--------------------------------------------------------
Court Hearing:

Ray's first hearing in Cabot Oil & Gas's
$5M SLAPP suit against him is:


WHEN: Monday, Dec 11th, at 9:30 AM
WHERE: Susquehanna County Court,

      105 Maple St, Montrose, PA 18801

PLEASE COME!!! This is the Fracking Trial of the Century.
​The court is hearing Ray's motion for immunity under PA's new Anti-SLAPP law.

----------------------------------------------------------
Ray is LEGENDARY! A true FOLK HERO!



Ray has become so well known for his advocacy for clean water,
that some top artists have honored Ray:

Here is acclaimed graphic artist Charlotta Janssen's portrait of
Ray, painted in 2012, which she prophetically titled, "Last Man"
Wow! Check out this song by The Mammals (Mike + Ruthy).
"Drill on the Horizon / Ray's Song"https://www.youtube.com/watch?v=Vo9fV2X4gyM

And here's a song by Marc Black called Sing for the Silenced,
which is about people like Ray who are silenced by Gag Orders.
(this is a major topic of Ray's SLAPP suit)

https://www.youtube.com/watch?v=XQu3Re5AEN0
Ray's goal is to challenge the legality (and stupidity) of allowing gag orders
when public health and safety is at risk.



"No one should be forced to trade
    Free Speech for Clean Water"

             -- Ray Kemble

Please help however you are able.
  1. Donate if you are able.
  2. Come to court on Dec 11th in Montrose at 9:30 AM.
  3. SHARE THIS INFORMATION ON ALL CHANNELS!
    (Email lists, social media, blogs)
THANK YOU!
BH

--
William Huston:  WilliamAHuston@gmail.com
Binghamton NY

Public Service Mapping / Videography / Research
WilliamAHuston.blogspot.com

Friday, October 13, 2017

Why won't FERC shut down XNG's PA-to-NY "Pipe to Pipe" operation?

Over the past few months, I've been asking attorneys at the Enforcement Division of FERC to make an enforcement action against XNG, Xpress Natural Gas' Bulk, Wholesale, Pipe-to-Pipe CNG "Virtual Pipeline" operation between Forest Lake, Susquehanna County, PA, and Manheim, Herkimer County, NY, which from what I see, is illegal a DOZEN different ways.

We at the
Stop the #BombTrucks blog feel that wholesale, bulk interstate commerce in natural gas by #VirtualPipelines is CERTAINLY jurisdiction of Federal Energy Regulatory Comission by a plain reading of the Natural Gas Act.

It may seem strange to look to FERC for help!
Many of us feel FERC is one of the most corrupt government agencies.

However, FERC jurisdiction would require a multi-year Environmental Impact Statement, and HALT XNG: Xpress Natural Gas's illegal "Pipe to Pipe" operation in the meantime.

So why does FERC look they other way?
So far, they have completely ignored the issue.

There are clues in docket# CP14-32, a Petition for Declaratory Ruling by Gulf Oil Limited Partnership to build a small LNG facility in Northeast PA and deliver LNG by truck to customers in New England. (Notice the similarity to XNG's operation, only it's LNG, not CNG).

These clues seem to indicate that XNG's P2P *would* be jurisdictional.

But perhaps more interesting is FERC's process here, for a new business which wants to a) set up shop QUICKLY and b) not have to go through a multi-year EIS (expensive hassle), and not even be guaranteed a positive outcome because of those "damn hippies" (antis) who have gotten so good at killing pipelines. =8^)

Here's the process!

1: Ask FERC, "This is not jurisdictional activity, right?"

2: Write a check for $25,000.

3: After FERC the check clears, FERC declares, "Yes, we agree. This is not jurisdictional activity."

Now here's the really strange thing. I submitted a FOIL request to FERC, which is a really elaborate process! It took weeks for them even to accept it. And I had to argue for it. I asked FERC to show me documents where our friends at XNG had asked FERC for a declaratory ruling on their brand new Pipe-to-Pipe CNG operation.

Their answer: "No such records exist".
Huh? You mean XNG never asked the question? They just ran off and did it?

But why won't FERC issue an enforcement action, when XNG has failed to write a check for $25,000 like Gulf Oil did?

I still don't have an answer yet....
Stay Tuned!

-- Your Humble Editor (BH)

If you want to support my work fighting "Virtual Pipelines",
aka, Type-4 CNG #BombTrucks, then please donate generously
by Paypal:  TinyURL.com/DonateToBillHuston .
I need your support to continue this work!


PS: My friend Ray Kemble REALLY needs your help.
Video pitch: youtube.com/watch?v=ZJJRKfYV9TM





--
William Huston:  WilliamAHuston@gmail.com
Binghamton NY

Public Service Mapping / Videography / Research

WilliamAHuston.blogspot.com

Friday, September 30, 2016

THANK YOU!!!

Well, the comment period for the i3 Elecrtonics SPDES permit is now closed.

I just logged in to the account for "Concerned Citizens of Endicott" and am overwhelmed by all of wonderful comments made to DEC which were forwarded to me.

(I'd estimate around 25 quality comments?)

Presumably, there were others sent to DEC which we were not CC'd on.

I was panicked a few weeks ago, feeling abandoned by the NGO's and the lack of certain big-name water warriors in NY helping us.

It's what I call the "not enough" curse. I heard this so many times from event organizers in 5 years of fighting fracking. Often, "I wish more people had shown up". But we have a ban now, so clearly we had enough!

And we DID have some big names helping us, and one NGO came through in a major way: Sierra Club.

I will compile all these comments shortly. But for now, let me thanks some of the people whom I feel helped out in a major way:

Rachel Treichler, esq
John Barone, esq
Ann Khanna, esq
Dr. Ron Bishop
Roger Downs, Sierra Club
Scott Lauffer,
Sierra Club, Susquehanna Group
Jim Little, WBESC
Western Broome Environmental Stakeholders Coalition
Mark Bacon, CCoE
Gerri Wiley, RN
Gudrun Scott, RN
Valdi & Karen Weiderpass
Broome-Tioga Green Party
NY Assembly Member Donna Lupardo

...probably a few I'm forgetting...

Thanks to EVERYONE who came to a meeting, took the plant tour, drove to the outfall and looks for flow or took samples, shared one of our memes or emails, spoke at the hearing, and/or filed a comment on the docket.

I am overwhelmed w/Joy.
Let's hope it makes a difference.

Bill Huston,
Concerned Citizens of Endicott

--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Tuesday, September 27, 2016

Help Needed in Endicott and Downstream (Susquehanna): DEADLINE FRIDAY!


Thank you for your interest in protecting the water quality of Endicott and downstream!

Concerned Citizens of Endicott is a very small group, and we are operating without any NGO support.  We have a small team of about a dozen people who have been very active, and another 10 or so informants and helpers, who for various reasons, cannot go on the record.

Concerned Citizens of Endicott have identified major concerns with the i3 Electronics SPDES permit, which is essentially a license to pollute.
Major concerns:
  • Transparency: A new business was created in 2011: commercial waste processing in downtown Endicott, but the DEC kept it a secret until 2013, when some citizens started smelling something foul (both figuratively and literally) and started making FOILs.
  • The operator created this new business with unique and substantial community impacts, clearly within the purview of local land-use authority (village, town, and county planning/zoning), but also kept it a secret.
  • Potential threats to water quality and quantity in the Village of Endicott and downstream.
  • Essentially no DEC oversight. Everything is "self monitoring" and "self reporting". No checking by NYS DEC.
  • NO fines, and NO violations from DEC, despite numerous spills
  • Truck traffic = ~250 trucks/week, trucks lack HAZMAT placards,
  • foul, noxious odors
  • potential health impacts
  • Numerous Process Questions, including NO NOTICE from NYSDEC for the 2011 Pilot, NO SEQR review, NO Environmental Impact Statement, despite major changes in the permit conditions,
  • and apparently NO CONTROLS: The operator has accepted numerous waste streams which are OUTSIDE the scope of their original SPDES permit (processing wastes relating to manufacture of circuit boards), and also outside the scope of the 2011 Pilot.

Here's how to make a comment to NYS DEC in re: i3 Electronics SPDES permit, which is a license to pollute the Susquehanna River in Endicott. Deadline is Friday, 9/30, 5pm!!!
SAMPLE LETTER

TO: DEPPermitting@dec.ny.gov
CC: Teresa.Diehsner@dec.ny.gov
CC: ConcernedCitizensOfEndicott@gmail.com
Subject: Comment on SPDES NY#0003808

My name is --------------. I live in --------------. 
I care about the Susquehanna River because -----------.
(ideas: fishing, recreation, people living downstream, clean drinking water, etc) 

With regards to the i3 Electronics SPDES permit, I am concerned about ------------.
(ideas: truck traffic, water quality impacts, odor, hazardous waste concerns, trucks should have Hazmat markings, flooding concerns, insufficient testing protocol, "self-monitoring program", no DEC oversight, aging facility, storm sewer use/leakage into old village dump site, health of the fish/river, human health impacts, etc)

I therefore join with Concerned Citizens of Endicott (CCoE) and respectfully request:

1: NYS DEC reclassify this permit modification as a Type-I SEQR action, perform a full environmental review, including an Environmental Impact Statement (EIS).

2: NYS DEC perform an audit of this facility over the last 10 years; identify and list all permit violations, leaks and spills, and the operators response; the operator's character and financial ability to maintain the facility; and investigate the operator for their acceptance of waste streams which are both

a) outside what is contemplated in their existing permit (manufacture of circuit boards) and/or

b) outside the scope of the 2011 Pilot (including Reverse Osmosis Concentrate, Pharmaceutical Waste, Sanitary Sewage, Medical Waste, and/or waste from the Oil and Gas industry).

3: Issue a moratorium on the importation of all offsite waste streams until

a) the EIS is completed

b) An integrity study of the plant is performed, including assessment of secondary containment, condition of plants, valves, pipes, etc.

c) An integrity study of the storm sewer network is completed, with particular focus to flooding issues, and possible leakage at the site of the old village dump,

d) and until the DEC gets notification from the Village of Endicott, Town of Union, and Broome County Zoning and Planning boards that this new business activity is a permitted use, or show that a Special Use Permit has been obtained.

Best Regards,
(your name)


More info:


--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)



--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Monday, August 22, 2016

Got TCE? Just add Leachate, Horse Pee, and MBTE



The problems for poor Endicott, already a TCE contaminated Superfund Site, keep getting worse.

Yes you've been hearing about Landfill leachate.
Then we learned it was 10x SUPER CONCENTRATED
REVERSE OSMOSIS CONCENTRATE!

You won't believe the latest toxic crap we've discovered is being trucked in from over 2 hours away....

Warning...  this is extremely revolting....
Grab your Barf Bag before you read this one, friends.



--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Wednesday, August 3, 2016

public hearing announced! Fwd: I3 Electronics Inc. SPDES NY0003808 - Notice of Public Availability Session & Notice of Public Statement Hearing



---------- Forwarded message ----------
From: Diehsner, Teresa (DEC) <teresa.diehsner@dec.ny.gov>
Date: Wednesday, August 3, 2016
Subject: I3 Electronics Inc. SPDES NY0003808 - Notice of Public Availability Session & Notice of Public Statement Hearing


You have expressed an interest in the above referenced SPDES permit.  A Notice of Public Availability Session and Notice of Public Statement Hearing has been published in today's 8/3/2016 Environmental Notice Bulletin http://www.dec.ny.gov/enb/20160803_hearings.html and is copied below.

 

I3 Electronics Inc.

August 3, 2016

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF PUBLIC AVAILABILITY SESSION
NOTICE OF PUBLIC STATEMENT HEARING

Applicant: I3 ELECTRONICS INC
1093 CLARK ST
ENDICOTT, NY 13760, USA

Project Location: I3 ELECTRONICS, INC.
1093 CLARK ST
ENDICOTT, NY 13760

DEC Permit ID Number(s):

- ECL Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

NY#0003808

Project Description: The New York State Department of Environmental Conservation (DEC) is proposing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination Systems (SPDES) Permit (NY#0003808), pursuant to 6 NYCRR Part 750-1.18, and 750-1.19, the Priority Ranking System known as New York State's Environmental Benefit of Permit Strategy (EBPS). This modification will also serve to renew the SPDES permit, the term of which was extended under the State Administrative Procedures Act (SAPA). A Notice of Complete Application was previously published in the Environmental Notice Bulletin on June 29, 2016.Notice of the extension of the public comment period was previously published in the Environmental Notice Bulletin on July 27, 2016 at: http://www.dec.ny.gov/enb/20160727_not7.html

Public Statement Hearing: Pursuant to 6 NYCRR Subpart 621.8, the NYSDEC will conduct a public statement hearing on September 14, 2016 at the:

Union-Endicott High School
1200 E Main St,
Endicott, NY 13760

The public statement hearing will begin at 6:00 pm. The public statement hearing is to receive unsworn comments on the proposed project. Written comments may also be submitted. DEC will evaluate the application and the comments received on it to determine whether to hold an adjudicatory hearing. Comments and requests for an adjudicatory hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html

Public Availability Session: The NYSDEC will conduct an availability session on September 14, 2016 from 5:00 p.m. to 6:00 p.m. at:

Union-Endicott High School
1200 E Main St,
Endicott, NY 13760

The purpose of this session will be for NYS DEC staff to answer questions that the public may have on the technical, environmental, and procedural aspects of the Department initiated modification.

ALL PERSONS, ORGANIZATIONS, CORPORATIONS, OR GOVERNMENT AGENCIES WHO MAY BE AFFECTED BY THE PROPOSED PERMITS ARE INVITED TO ATTEND THE HEARING AND TO SUBMIT ORAL OR WRITTEN COMMENTS ON THE MODIFICATION. IT IS NOT NECESSARY TO FILE IN ADVANCE TO SPEAK AT THE HEARING. LENGTHY COMMENTS SHOULD BE SUBMITTED IN WRITING. EQUAL WEIGHT WILL BE GIVEN TO BOTH ORAL AND WRITTEN STATEMENTS. THE ADMINISTRATIVE LAW JUDGE (ALJ) MAY LIMIT THE TIME AVAILABLE FOR ORAL COMMENTS TO 3 MINUTES PER PERSON TO ENSURE THAT ALL PERSONS HAVE AN OPPORTUNITY TO BE HEARD. THE HEARING FACILITY IS REASONABLY ACCESSIBLE TO THE MOBILITY IMPAIRED.

Translator services shall be made available, at no charge, upon written request to the ALJ. All requests must be made to the NYSDEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, phone (518) 402-9003. The request must be received no later than 4:00 p.m. on September 7, 2016. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above by September 7, 2016.

Document Availability:

- The permit and related documents, may be reviewed at the following locations during normal business hours:

- New York State Department of Environmental Conservation, Region 7 Office, 615 Erie Blvd. West, Syracuse, NY 13204

- Broome County Office Building, County Clerk, Edwin L. Crawford County Office Building, 3rd Floor, 60 Hawley Street, Binghamton, NY 13902

- Village of Endicott, 1009 E Main St, Endicott, NY 13760

- George F. Johnson Memorial Library, 1001 Park St, Endicott, NY 13760

How to Provide Your Comments: Any interested person may submit comments in writing, or verbally at the public comment session. All comments will be considered in making the final decision about issuance of the permit. Written comments about the permit modification and renewal must be RECEIVED BY September 30, 2016 to be considered and should be sent to:

Teresa Diehsner
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov

 


--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Sunday, April 17, 2016

May 3, Endicott: Health of local rivers: Important mtg coming up

What: WBESC meeting

When: May 3 2016, 6 pm

Where: First United Methodist Church, 53 McKinley Ave, Endicott, NY 13760(At the intersection of McKinley Ave and Monroe St, entrance at rear)

This concerns a NYS DEC permit application to legally dump 80,000 or more gallons per day of highly toxic landfill leachate into the Susquehanna River, directly on top of 1 of 2 shallow wells which is Endicott's primary water source, and upstream of the other.

My friend Mark Bacon is one of the few people who has been tracking the local landfill leachate issue.

He has a coffee shop in downtown Endicott (he hauls spring water for his coffee from Lisle).

4-5 times per day he sees either a 130 BBL or a 215 BBL (5,000-9,000 gallon) tanker truck carrying landfill leachate drive by each day, some of it comes from over 2 hours away, which is minimally treated by EIT/Huron, then dumped into the Susquehanna River.

As far as we know, the volume is 80,000 gallons each day. This is 21B gallons per year, 1.7M gallons per month.

Huron/i3 Electronis (owned the Maines and Matthews families) have made tons of money in the leachate dumping business.

PS: This is just one "approved" source out of dozens all along the river. (actually i3 owns one SPDES permit, and Huron owns another. So there are 2 different pipes which discharge toxic waste into the river).

It's not really approved. It's been going on since April 2011 as a secret DEC "pilot program". It was only through the investigative effort by members of WBESC (Jim Little, Mark Bacon, Scott Lauffer and me) to figure out what was going on.

There was even a *media disinformation* campaign in 2011 coincident when it started. The headline was "Huron Campus Won't be Treating Frack Waste!". Why is this even a story!?

Yet every news outlet in town reported it. And NONE reported about the unpermitted leachte "pilot program" granted by the NYS DEC in secret.

Are the local media lapdogs, and the local business elites in the Greater Binghamton Chamber (who control the media) engaged in a coverup here? And a smokescreen?

And even the claim "we won't be treating fracking waste" turned out to be untrue. (Google: "What Stinks in Endicott" for more info).


Mark also fishes and helps stock the rivers with fish. Huh? Yes, he puts the farm-hatched fish into the river, then he goes and catches the fish he put in the water.

I thought this sounds unnatural. I asked him, "why do we have to stock the rivers with fish?" His answer shocked me.

"Fracking". Yes of course! We've all heard about fish in the Susquehanna with tumors.

But long before fracking there were many threats. "Dams, quarries (stone for building cities and highways), illegal dumping..."

Then there is *LEGAL* dumping under the "Clean Water Act" (1) including landfill leachate and industrial wastes, toxic runoff from farms (fertilizer, pesticides/herbicides and animal wastes), human sewage.

(1: In NY, the CWA permit is called SPDES, "State Pollution Discharge Elimination System"! The license to pollute claims in name to be eliminating pollution! Each permit considers each point source only. As far as I can see, there are no cumulative impacts analyses being done.)

Also over-fishing impacts natural fish population.

Still, he eats the fish he catches from the river polluted by many sources he tells me about.  

Because fishing in the river is how people have lived for centuries.

Except the natural system has been really FUBARed* by humans.

FUBAR = F'ed up beyond all recognition. So much so we oblivious to how unnatural and what a red flag stocking the river with fish is! It's "normal", so we don't see it.

Friends, if we are having to stock the rivers with fish, because the natural fish have died off, this is a big problem!!

If we cannot drink river water without filtration, this is a big problem!

My friend Mark hates fracking, but not for the same reason we do. Mark hates fracking, because as an issue, it has completely dominated local environmental reporting for the last 5-6 years.

This obliterates and displaces reporting on many other environmental threats.

Please come to this important meeting with a DEC rep about Huron/i3's application

What: Western Broome Environmental Stakeholders Coalition (WBESC) meeting with NYSDEC officials regarding Endicott i3 on (Huron Campus) effluent permit.

Issues: Presently, 80,000 gallons per day of minimally processed, highly toxic landfill leachate from Seneca Meadows landfill, and also Broome County Landfill.

1) Is this a good idea?
2) What exactly is being dumped?
3) What is the "treatment" process?
4) Who is performing input composition analysis and output analysis?
5) what controls are in place?
6) WHEN IS THE PUBLIC HEARING ON THE PERMIT?? DEC promised us one 2 years ago: http://youtube.com/watch?v=ScoBNTlVM0c
 
The meeting is open to the public. The DEC will explain the treatment process and permitting process, and will answer questions and take concerns.
 
Where: First United Methodist Church
53 McKinley Ave, Endicott, NY 13760
(At the intersection of McKinley Ave and Monroe St, entrance at rear)
 
When: May 3 2016, 6 pm
 
Contact: Frank Roma, WBESC spokesperson at 607-727-5705 if you have questions.


--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)




--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)