Issue: There
Is No Effective/Enforced Requirement For Notification To Surface Owners
Of Releases Or Response Actions From Oil/Gas Operations.
Sagasser
& Associates, Inc. personnel have been voluntarily working to
facilitate a mechanism to require that a Surface (Property) Owner is
adequately notified of leaks, spills, etc. of brine, crude oil, glycol,
etc. that occur on their property thereby contaminating the soil,
groundwater and/or surface water.
Since
the 1970's through the 1990's, there has been significant development
of Northern Michigan’s oil and gas resources including Antrim gas
production. Due to the nature of the oil/gas extraction
process, an extensive array of production wells with associated piping
networks have been installed across northern Michigan. The oil/gas
production processes generate brine as a by-product, which is generally
re-injected into the subsurface.
Inevitably,
spills, leaks, releases, etc. of oil, brine and/or other chemicals from
the extraction and processing operations have occurred and will
continue to occur. Regulations governing oil and gas production
include Part 615 of the Natural Resources Environmental Protection Act
(NREPA) [P.A. 451]. The regulations require an operator to notify
the Office of Geological Survey (OGS) of the Michigan Department of
Environmental Quality (MDEQ) of releases.
However,
there is no effective/enforced requirement that a surface owner of the
impacted property be notified of the release or response actions, if
any. It is common that mineral rights and surface rights are
severed for properties. Nevertheless, environmental impacts
resulting from releases including brine can detrimentally affect a
surface right owner, and can even result in potential due care
responsibilities, restricted property use and/or property devaluation.
The effort did result in a limited notification requirement (Supervisor of Wells Instructions 1-2006) [www.michigan.gov/documents/deq/ogs-instr-1-2006_428252_7.pdf].
However, full reliance upon the operator and the DEQ-OGS must be made
with regard to spills that are "cleaned up" within the 45-day
timeframe. No requirement for even receiving a report of the
release event and the clean-up action exists. The 45-day timeframe
is arbitrary and inappropriate.
Since
there is no effective requirement for notification to a surface owner,
the rights and potential responsibilities of the surface owner are
unjustly compromised.
A
surface owner should be provided proper notice of events/activities
that affect the environmental integrity of their property. The
obvious solution would be to require the operator to provide notice of
releases to surface owners concurrently with the MDEQ-OGS notification
and to provide advance notice of scheduled response activities, as
practical.