Navigating the complexities of regulatory filings and environmental orders can often be a significant barrier to public understanding. To ensure that crucial information is accessible, we at Buckeye Environmental Network have synthesized key findings from Ohio Department of Natural Resources (ODNR) documents, including Chief’s Orders and permit applications.
The core issue is that DeepRock Disposal Solutions, LLC has an extensive, documented history of toxic brine waste migrating underground outside of its intended injection zones, and surfacing miles away through oil and gas production wells. While the ODNR issued a suspension order in 2023, the company is now seeking to resume operations at the suspended wells while simultaneously securing two permits for new injection wells, the Stephan #1, and American Growers #4, located near the Marietta municipal water source.
This report details the evidence of past migration and examines the regulatory framework that allowed for the approval of new permits despite documented environmental hazards.
The Receipts: A Decade of Danger
According to the Chief’s Order 2023-02 (the document where the state finally stepped in), DeepRock’s injection wells didn’t just have a bad day. They had a bad decade.
The state concluded that brine (toxic, salty, chemical-laden waste) from DeepRock’s Travis Unit No. 200405 and Warren Drilling No. 1 were migrating underground and forcing disposal water to the surface through other production wells miles away. The Chief explicitly stated that the volumes and pressures of this toxic flow “do not occur naturally” and could only be attributed to these injection operations, which utilize the Clinton and Medina formations.
The official timeline of these incidents is as follows:
- Nov 15, 2010: Toxic brine starts flowing out of the Patrick F/MM-OVOC No. 3 Well, located 1.5 miles away from DeepRock’s site.
- Aug 27, 2013: More brine flows out of a different well, the Raney H No. 81 Well, 3.5 miles away.
- Apr 23, 2019: An “uncontrolled flow” of brine erupts at the Schott No. 1 Well, 5 miles away.
- Jan 24, 2021: The most significant event: an uncontrolled release at the Ohio Power/Gant No. 17-69 Well (2 miles away) lasted for days. This release “caused environmental impacts,” contaminating the land surface and an adjacent stream. The Division incurred costs of $1,279,608.03 for corrective actions.
- Jan 7, 2023: A Division inspector confirms brine spraying from a hole in the production casing of the Virgil Porter #1 C Well, 5.43 miles from the injection wells. ODNR officially classified this as an “imminent health, safety, and environmental risk.”
Furthermore, the ODNR’s investigation established that these migration events consistently follow a “linear trend.” This critical geological observation signifies that the injected brine is not merely diffusing throughout the subsurface formation; rather, it is utilizing a subterranean conduit or preferential pathway, which facilitates the rapid and directed transport of contaminants toward neighboring production wells.
Although the first documented evidence of brine migration was recorded in 2010, the ODNR’s definitive regulatory intervention, the issuance of the order to suspend injection operations at the Warren and Travis wells, was not executed until the critical 2023 spraying incident, representing a regulatory lag of over twelve years.
The Suspended Wells: Efforts to Resume Injection
Despite the environmental and financial toll, DeepRock is actively seeking to resume operations at the suspended wells.
Since the suspension, DeepRock has initiated an ongoing deliberation with the ODNR to restart these wells, proposing injection at a modified, reduced pressure:
- Jan 9, 2023: Preliminary Chief’s Order 2023-02 was issued.
- March 9, 2023 – June 9, 2023: Informal outreach began to ODNR regarding the plan to reduce pressure and continue injecting, even before fully completing the permitting process.
- Oct 10, 2023: DeepRock submitted a formal proposal to continue injecting.Their idea this time was to inject at “reduced pressure” and see if that fixes the problem.
- Sep 29, 2025: Inspectors were out at the site recently, marking 8 total inspections since the restart proposal.
We know there have been at least 8 inspections since they proposed restarting. They aren’t actively injecting right now, but they haven’t plugged the wells either. They are keeping the seat warm, waiting for ODNR to give them the thumbs up to push more waste into the same formation that already failed.
The New Threat: Stephan #1, American Growers #4, and the “Area of Review” Loophole
While seeking reinstatement for their Noble County wells, DeepRock applied for two new permits to create additional injection wells in Washington County, OH, including the Stephan #1 and American Growers #4 wells. This is a significant concern, especially given the company’s documented history of migration at two wells in the bordering county. And given the fact that there are already 4 active injection wells currently operating with 2 miles of Marietta’s drinking water source. DeepRock has also applied for a Class I industrial waste “non-hazardous” well with the Ohio EPA also. (Ohio EPA regulates Class I wells, while ODNR regulates Class II wells.)
When Buckeye Environmental Network brought these permits to the attention of the City Council of Marietta, there were some obvious concerns about a company with outstanding problems seeking to apply for new injection wells within 2 miles of a drinking water source. This grassroots pressure prompted action.
The City of Marietta wrote to ODNR and asked about the application of the Stephan #1 well that was pending permit approval. They demanded to know: “Why does ODNR continue to permit new injection wells when there are examples of brine migration in Washington County?”
ODNR’s response highlights a massive gap in safety regulations:
- The “Area of Review” is too small. ODNR reviews a fixed radius around a new well to check for problems. For the Stephan #1, that radius is ½ mile. ODNR checks for old wells inside that circle to document them. The problem? The damage from DeepRock’s other wells happened 2 miles, 3.5 miles, and 5 miles away. The waste travels way past the ½ mile safety circle. ODNR admits the impacts were “outside the area of review,” yet they stick to the ½ mile rule for the new permit.
- The “Old Rules” Technicality. New, stricter rules for injection wells went into effect in January 2022, provide better protections for communities. DeepRock submitted the applications for Stephan #1 and American Growers #4 just 44 days before the new rules took affect in 2022. DeepRock did not public notice the wells until 2025. ODNR approved the wells shortly after the public comment period. ODNR reviewed these applications under the old, repealed rules, despite the fact that the permit review process wasn’t completed until 2025, over 3 years after the new rules took effect.
- The Rubber Stamp Defense. ODNR stated their hands are tied by law, citing Ohio Revised Code 1509.06 (F):
“In accordance with Ohio Revised Code 1509.06 (F), the Division is required to issue a permit with terms and conditions reasonably expected to prevent any threats to public health or safety or damage to the environment if such conditions may be imposed rather than deny a permit.”
In other words, they believe it’s not ODNR’s job to deny permits based on a history of events. It’s their job to instead issue permits within the letter of the law. The fix they imposed on Stephan #1? A requirement to conduct a “step rate test” to determine a safe maximum allowable injection pressure before authorization’
The Reality
We are looking at a company with a documented history of their waste migrating five miles away from where it’s supposed to be. We are looking at a state agency that is using legal technicalities to approve new permits for the same company, in the same geological area, right near Marietta’s source water protection zone.
This isn’t just about technicalities. It’s about our water. It’s about our safety. And it’s about holding the line when the system tries to roll over us.
We urge the public to remain engaged on this critical issue.
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Sources
Ohio Department of Natural Resources (ODNR). Order No. 2023-02: Suspension of Injection Operations for Deeprock Disposal Solutions LLC (Warren Drilling No. 1 Well & Travis Unit No. 200405). Issued January 9, 2023. Available here.This document confirms the six brine migration incidents, the $1.2M state cleanup cost, and the initial suspension of the Warren and Travis wells.)
Ohio Department of Natural Resources (ODNR). Summarized comments and questions received regarding the Stephan No. 1 class II disposal well permit application. Response dated September 3, 2025. Available here.(This document provides the ODNR’s legal reasoning for issuing the Stephan #1 permit under repealed rules and their reliance on ORC 1509.06 (F).)
Buckeye Environmental Network. Public Records Request Response/Informational Timeline. Internal documentation providing details on DeepRock’s ongoing informal appeal process, the non-plugged status of the Warren and Travis wells, and the date of the most recent site inspection (September 29, 2025).