Tag Archive for Trail Ridge Middle School – Longmont

TOP Operating: Flagrant, serial COGCC rule violator

Editor’s Note: The following testimony was given to the Colorado Senate Agriculture, Natural Resources, & Energy Committee on March 21, 2013, by Gordon Pedrow. SB 13-202 concerns additional inspection of oil and gas facilities. SB 13-202 advanced out of committee to the Senate Appropriations Committee.

Mr. Chairman and Committee members.

Former Longmont City Manager, Gordon Pedrow

Former Longmont City Manager, Gordon Pedrow

Thank you for this opportunity to be heard regarding this important matter.  I am Gordon Pedrow, a twenty year resident of the city of Longmont.  Until I retired on April 1, 2012, I served the community for 19 years as city manager.  I am here to share with you why many Longmont families support SB 13-202.  I am certain you are aware that the state government in Colorado is experiencing a massive hemorrhage of trust when it comes to adequately regulating oil and gas operations.

The citizens of Longmont have been struggling for many months to protect their health and quality of life from the negative impacts of heavy industrial activities associated with oil and gas operations.  This battle began in 2011 when the TOP Operating Company began the process of permitting a new multi-well drilling site within the city’s corporate limits.

Using the COGCC’s online data base, citizens examined the inspection and enforcement record of the two existing wells within the Longmont city limits that were closest to residential areas.  The results were appalling.

In 2011, Both Rider #1 and the Stamp wells had numerous unresolved violations, including benzene contaminated ground water 100’s of times above state standards.  I am going to provide the committee some specific information about Rider #1 and  its operator, TOP OPERATING COMPANY.  I believe this information will clearly demonstrate why residents were appalled in 2011 and remain so today.  It will clearly demonstrate why passage of SB 13-202 is a necessary first step in appropriately regulating this industry and restoring public trust.

RIDER WELL #1: 350 feet from homes in the Quail Crossing subdivision, 350 feet from Trail Ridge Middle School

  1. July 17, 2006, Engle Homes to COGCC (TOP’s contaminated well on Engle’s property)
  2. July 21, 2006, COGCC to TOP Operating:  Provide site Investigation and Site Remediation Plan
  3. December 7, 2006  Notice of Alleged Violation (200100371)  Numerous violations
  4. 4.     (nothing done for a year) TOP and COGCC staff failed to accomplish anything.  Both ignored the owner, Engle Homes and residents rights to have safe operation
  5. December, 2007  Engle Homes again found violations not corrected
  6. September 2008  COGCC fined TOP $10,000 for failure to remediate
  7. March 30, 2009  Still Benzene problem

2011Public scrutiny of both TOP and COGCC performance begins by angry Longmont residents.  (You would think a state agency might try harder when citizens are engaged) However, the concerns of the citizens were still ignored by TOP and COGCC.  Both the regulators and the regulated act as though they are above the citizens!!!!

  1. January 24, 2012 Notice of Alleged Violation (1771570) Rules 210d, 301, 308A, 308B,309,603j,604d,906a
  2. February 22, 2013, COGCC  issued a Notice of Order finding Violation and Hearing set for March 25/26   COGCC staff is seeking an order finding violation of all the above rules and imposition of a fine not to exceed $85,000.
  3. 10.                         March 21, 2013.  (today) TOP still in violation & Benzene levels still out of compliance.

SETTLEMENT:  The most appalling COGCC document regarding this whole Rider Well #1 fiasco has now come to light.  For over 6 years, TOP OPERATING COMPANY has flagrantly disregarded COGCC orders and the COGCC has ignored its mandate to protect public health and the environment.  Now the regulators and regulated have gotten together for a sweetheart settlement deal as outlined in this Administrative Order by Consent now scheduled for March 25/26.

Despite flagrant, serial, multi-year violations of state rules and regulations, the COGCC staff has now agreed to three unbelievable provisions.

   Read these sections from the consent order. 4,6,8

Unfortunately, this ADMINISTRATIVE ORDER BY CONSENT does not deal with the benzene in the ground water within 350 feet of Trail Ridge Middle School.  That matter is still being mitigated !!

I encourage you to pass SB 13-202.  Furthermore, before this legislative session adjourns, I encourage you to carefully review the entire regulatory operations of the COGCC.  Because more inspectors inserted into a flawed agency culture will most likely be wasted resources.

Oil & Gas “clowns” — hubris not humorous

It was a three-ring circus at the Longmont Planning and Zoning meeting on Wednesday, February 15. Industry clowns, COGCC Attorney, Jake Matter and COGA’s Schuller were juggling their corporate supremacy balls as they told us: 1) we are preempted as a City to do anything to regulate gas drilling — plus we “must” accept the COGCC rules; 2) we have “misperceptions” about how the oil and gas industry operates, and, by the way, “we need to be corrected.” Billion-dollar corporation, Anadarko, sent an emissary from Texas to assure us that they have our best interests in mind. However, this person was paid to fly out and feed propaganda to our Planning and Zoning Commission. Top Operating defended cleaning up the leaking Rider Well next to Trail Ridge Middle School. The Times-Call reported that Well had benzene levels 100 times the State level. With benzene levels that high, it doesn’t appear to be cleaned up.

COGCC says we can’t ban open pits. Do you understand the implications of living next to an open pit? It is described in Theo Colborn’s video, “What you need to know about Natural Gas Drilling.” The industry blows wastewater infused with toxic chemicals into the air to be evaporated — but you better watch out if you are downwind! Children are especially vulnerable when exposed to these toxins.

The P & Z decision to accept flawed regulations that won’t protect the health and well being of the citizens while voting to recommend a moratorium extension seems contradictory. What I heard at this meeting was a repeat performance of arrogant industry insiders who wish to put us under their big thumbs.

Our rights as citizens are being trampled by corporate supremacists and by our corporate municipality. We should be exploring ways to ban fracking and stop this three-ring circus once and for all.