Bismarck Tribune - North Dakota News - Group says use of wastewater was likely illegal

Group says use of wastewater was likely illegal

Feb 21, 2007 - 03:58:21 CST

By JAMES MacPHERSON
Associated Press Writer

North Dakota's transportation department appears to have violated state laws by spraying salty oil field wastewater on roads as a deicer, a Chicago-based environmental law group says.

If the transportation department continues to spray the salt water on its roads, it could face civil penalties and could be sued by its citizens, said Brad Klein, an attorney for the Environmental Law & Policy Center.

"I think it's pretty clear state regulations cover this type of activity," Klein said.

State law requires that waste associated with an oil well be disposed of in an authorized facility, and requires a permit to haul it.

"At no time shall saltwater liquids or brines be allowed to flow over or pool on the surface of the land or infiltrate the soil," the law says.

Klein said his group reviewed North Dakota laws for the Dakota Resource Council, a Dickinson-based environmental and landowner group.

"We did ask for this and we're going to be monitoring the situation," said Mark Trechock, director of the Dakota Resource Council.

Attorney General Wayne Stenehjem said in an interview that he had not seen the opinion by the Environmental Law & Policy Center.

"I can't tell you if this group is right or wrong," Stenehjem said. "We're just in the preliminary stages of reviewing the legal requirements."

The more than 40-year practice of using the oil well wastewater to melt ice and snow on North Dakota roads - mostly in the Dickinson area - was halted earlier this month, after Health Department officials learned of it.

It will be at least until the snow flies next year before officials finish analyzing the environmental and legal questions involving oil field wastewater dumped on roads as a deicer.

State officials say testing will be done on soil, streams and wetlands near where the salty wastewater was used.

Lynn Helms, director of the state Department of Mineral Resources, told North Dakota's Industrial Commission on Tuesday it would take several months to determine whether any violations occurred and whether any changes are needed.

The commission's members are Gov. John Hoeven, Attorney General Wayne Stenehjem and Agriculture Commissioner Roger Johnson.

"We want to make sure we're in compliance with all the statutes," Stenehjem said. "First and foremost, we need to make sure our environment is being taken care of."

State transportation director Francis Ziegler told the Industrial Commission on Tuesday that the practice has dated back to 1963. He said the untreated salty water sucked directly from oil wells has been used almost exclusively in the Dickinson area since then, as well as in Williston and Minot. The practice had been expanded to the Devils Lake area in the past couple of years, he said.

"We did not willfully violate any state or federal laws," Ziegler told the Industrial Commission.

The department got the wastewater free from oil companies that otherwise would have to dispose of it in underground wells.

Ziegler has said the state spends about $750,000 a year on rock salt, which is used in other parts of the state. He told the Industrial Commission that the free briny water from oil companies "works better than regular rock salt."

Dave Glatt, director of the state Health Department's environmental health section, said the use of the salty wastewater over the past four decades does not appear to have caused any damage, but it won't be known for sure until the state completes its assessment.

"I don't know of any widespread impact," he said.

News > State

Printer friendly version Group says use of wastewater was likely illegal

Comments

CJ wrote on Feb 22, 2007 12:13 PM:

" Has it ever been determined how safe the salt water is to anyone that may be in direct contact? Did you ever consider the health risk of the guys having to put in on the road? I am sure Missouri Basin people have certain codes if they are in direct contact with the water. I am sure the choice for the DOT employees was do it, no questions asked or no job? Will we ever have the oppportunity to have some concerns be answered? "

Mike R wrote on Feb 21, 2007 10:16 PM:

" CK: I agree 100 percent with one thing you said. A government entity should not get away with violating the law. If it is illegal, someone should be held accountable. You will never hear me argue against that philosophy. I guess I don't know what all chemicals are in the wastewater. If it is something hazzardous, then it never should have happened. If it is just saltwater, then what is the big deal? I understand that it isn't pure saltwater, but are the other substances in enough quantity to hurt anything? Is someone trying to make a mountain out of a molehill? I don't have the answers to those questions and I am sure most of the people posting comments here don't either. "

Political Merry-Go-Round wrote on Feb 21, 2007 8:10 PM:

" Simple question! Where does the buck stop? "

LH wrote on Feb 21, 2007 7:47 PM:

" Mr. Zeigler, you didn't willfully violate any state or federal law? That sounds like the typical response when we might be in trouble here boys and don't think we can blame it on the guys on the bottom. And am I correct your the director? You really think the public is so stupid that we don't know there is toxic chemicals in that "salt water"? Have you used the same quanity in these 40 years? Come on give us the straight answers. When do we get to see the report on the safety of the salt water, never? "

CK wrote on Feb 21, 2007 7:15 PM:

" To Mike R, ok and a better question...what don't you all understand about ILLEGAL??? Allen is exactly right...this is not just salt water...there are chemicals and heavy metals from deep underground that have been illegally dumped on the roads...Missouri Basin Well Service (Jim Athaud owner and Billings County Commissioner) broke the law by improperly disposing of oilfield waste, the ND DOT broke the law by dumping it on the roads/land without a permit. End of story. Yes, the state has stopped using it but what about the laws that have been broken? Are the citizens of ND just suppose to let that go? Just because they are a government entity does not make them teflon. They should have to answer to pay the piper just like everyone else that breaks the law. "

Lack of action generates more questions wrote on Feb 21, 2007 6:32 PM:

" One North Dakota official says their understanding of the state laws and regulations pertaining to this activity is in the preliminary stages. Another says it will take months to determine if any violations occurred or if any changes are needed. Any doubt there's politics at work now? Who's responsible anyway or has the responsibility simply been shifted to those that are least likely to take action? Has the State Health Department been dropped from the picture in favor of the Oil and Gas promoters (the Oil and Gas Division/Lynn Helms)? Who has some responsibilty for knowing what the laws are? The companies that get money to haul the waste products from the well sites? The NDDOT? The Oil and Gas Division? The State Health Department? The Attorney General's Office? All of the above? Who? Since records were supposedly kept of tracking these waste products, Where does the paper trail start and end? Earlier the State indicated it was putting a halt to the practice, (at least for the moment). So where are the wastes going now? Are they being dumped somewhere else? Maybe they will be stockpiled for deicing next year. Maybe the Counties are taking them off of Missouri Basin's hands and using them to deice County roads. If questions aren't asked and answered the whole matter will be swept under the rug and the practice will start up again. Follow the money I say! "

the heat wrote on Feb 21, 2007 5:44 PM:

" Stenehjem said. "We're just in the preliminary stages of reviewing the legal requirements." Seems to me the law is pretty clear what you can and cannot do with this stuff. If an oil company spilled it on the road, they would have been fined weeks ago. Next time I'm stopped for speeding I'm going to ask the cop or the judge if they can delay the proceedings so they can enter into the preliminary stages of reviewing the legal requirements of what I did. "

a better question wrote on Feb 21, 2007 3:06 PM:

" How much taxpayer money will be spent/sent to lawyers in Chicago? It must be a slow litigation month in Illinois. These people have no interest in this matter other than to siphon off some of ND's $$$. But that's the life of any lawyer I guess. "

allen wrote on Feb 21, 2007 9:42 AM:

" The problem with oilfield saltwater is that it has other things in it other than just "salt" in the form of NaCl. It likely has some dissolved components of the crude oil, likely some trace elements (As, Se, Hg, and Pb to name a few). The bottom line is that many states are starting to move away from using NaCl in favor of CaCl2 (calcium chloride) because of the negative effects the NaCl has had on nearby groundwater quality. Specifically, I know upstate New York has had a lot of lawsuits from private wellowners suing the state for contaminating their wells to the point the water is no longer drinkable. "

cathy p. wrote on Feb 21, 2007 9:26 AM:

" to mike r: this is oil field WASTEwater that happens to be salty, not let's-go-swimming-in-the-ocean SALTwater. And why should the oil companies WASTE additional profit margin by paying for proper disposal and storage. But seeing as you and Mr. Ziegler from the Industrial Commission think it's just "good 'ol saltwater", how 'bout we fill a swimming pool with the stuff and the two of you can hop in..just like ocean water, right? Better yet we could de-salinate it, and use it for drinking water. It's "free" right?? (actually, maybe someone should check to make sure they haven't been doing that for the past 40 years too!) "

ok... wrote on Feb 21, 2007 8:50 AM:

" Oh Good GRIEF!!! How much taxpayer money is going to be wasted on this foolishness. DOT has quit using the material. DONE...FINE... its over. All this is is beaurocrats digging trying to create busy work for their staff, and themselves in the hope of getting 15 minutes of fame, after all what do you call a government employee that isnt doing anything (unemployed) And the NDSHD is full of people that should be unemployed. AG's office isn't far behind. Think about this, ND citizens sueing NDDOT... Who's gonna win?? Nobody but a bunch of lawyers. Who's gonna pay?? You and me pal,you and me. "

Mike R wrote on Feb 21, 2007 7:00 AM:

" So we can't put saltwater on icy roads, but it is perfectly ok to put plain old rock salt on the roads which will melt and combine with the snow to make saltwater anyways? The option that works better and doesn't cost anything is bad. The option that doesn't work nearly as well and costs thousands of dollars but has the exact same end result (saltwater) is OK? Yeah, now everything makes perfect sense. WOW. "

Post Your Own Comment

All online comments are limited to 350 words total.
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.