- Incident #201500012
This incident report examines whether proper inspections during construction could have prevented a major contamination event. Injection well facilities are required to meet safety standards designed to protect land and water. Those protections depend on consistent oversight and verification. This case highlights an example of what happens when those systems fail.
In April 2015, the Ohio Department of Natural Resources called the United States EPA Environmental Crimes Division to the Kleese Development Associates site which operates five injection wells. Injection wells are used to dispose of oil and gas waste by pumping it deep underground. EPA Agent Barlow’s investigation ultimately found that the Ohio Department of Natural Resources had grounds to press charges against the company for knowingly polluting navigable waters of the state and trying to cover it up. This includes streams, wetlands, and other connected water sources.
Additionally, during the investigation, it was found that the ODNR could not provide proof that a liner was installed for the containment area underneath the concrete. These liners are meant to prevent toxic liquids from leaking into the soil and groundwater. Ohio regulations have been put into effect that require ODNR officials to inspect sites “during each stage of the construction to ensure compliance with new standards.” These regulations include confirming that safety features like liners are properly installed during construction. (Vindy Archive)
“In the affidavit, Barlow said he had probable cause that KDA’s negligence caused the spill and that the company tried to hide it rather than report it to officials, as required by federal law.” (Vindy Archive)
ODNR suspended the well. They did not press charges and continued to issue violations for the next five years until the ownership of the site was relinquished in 2021.
In late March of 2015, a severe contamination event occurred at an injection well site in Trumbull County, Vienna Township. Kleese Development Associates operated five injection wells at their facility in Vienna Township. These five injection wells are situated close to many privately owned and publicly owned water wells. After the major spill of 2,000-8,000 gallons of drip gas and/or oil and gas waste, residents resorted to bottled water for a week while investigations ensued.[1] Drip gas is a liquid byproduct of oil and gas extraction that can contain harmful chemicals. ODNR tracking records classify the March 2015 Vienna contamination event severe, meaning there was a significant public safety or environmental impact. This can include threats to drinking water, wildlife, and nearby communities. Additionally, forty-three barrels (1806 gallons) of brine waste and crude oil were released from the Kleese facility and found their way to a nearby pond and wetlands.
Even though the spill was discovered on March 28th, 2015, ODNR was not notified until April 2, 2015. For at least 4 days these dangerous contaminants spilled onto the ground and into the water near the injection facility. This delay meant the contamination continued to spread without immediate state response. When finally notified, ODNR inspectors responded, and determined the land and water to be impacted. They traced the spill back to the Kleese Surface Facility where holding tanks were overflowing and there was a secondary containment failure. Secondary containment is a backup system designed to stop spills from spreading if the primary system fails.
ODNR’s investigation determined that the spill was likely related to operations at the Kleese Facility. Later investigations confirmed this. Reports of dead animals followed, indicating direct harm to wildlife and the surrounding ecosystem. The Ohio EPA, U.S. EPA, Ohio Department of Health, the ODNR Division of Wildlife all responded as well. The affidavit written by Special Agent David J Barlow concludes that there is probable cause to determine that KDA spilled drip gas to waterways of the USA and they also tried to cover it up.[2]
Per the Oil Pollution Act of 1990 which amended the Clean Water Act, parties that discharge a significant amount of oil into navigable waterways must report it to the United States Coast Guard National Response Center’s toll free number. Reporting must happen immediately so that agencies can respond and limit environmental damage.
A dike installed for the purpose of containment shows the easy escape of the product according to dye test. The dye test uses colored liquid to track how fluids move and shows whether containment systems are working properly. This escape drained into a sump pump which pumped the product back into the containment area. Per the investigation, there was no evidence that a protective safety liner was installed for the concrete containment area when it was installed. This was a point of contention for Warren Township Trustee, Phil Pegg.
“What is the follow-up to make sure they do this? I think the ODNR should be directed to check to make sure every liner is in place.” – Pegg
ODNR’s Chief did take immediate action as a result of the contamination event and ordered suspension and clean up of the contamination. But, following the USEPA’s Environmental Crime Investigation which found probable cause, ODNR did not pursue the proper channels to hold the company accountable. To this day, the Kleese Wells actively inject and have had several violations. ODNR took immediate action to suspend the Kleese wells citing a failure to properly construct the wells.
This event was so catastrophic, it elicited a rare immediate suspension of the Kleese wells. The Chief found that Kleese placed or caused to be placed crude oil or other fluids associated with the exploration, development, well stimulation production operations, or plugging of oil and gas resources on the land in a manner that could reasonably be anticipated to cause damage or injury to health or safety to the environment.
He found that by failing to construct the Kleese facility so as to prevent pollution to surrounding surface and subsurface and waters, Kleese violated the law by failing to conduct oil and gas waste, commonly referred to as saltwater or brine,disposal operations in a manner which will not contaminate or pollute the surface of the land, or water on the surface or in the subsurface. The company was also directed by the Chief to remediate any contamination at and in the surrounding locations impacted.
Reports ensued of an EPA environmental crime investigation, an Ohio Bureau of Criminal investigation, of search warrants being issued to search the Kleese facility, etc. Reports say domestic water wells were tested for radiation at the time, but that subsequent testing was not done. Follow-up testing was not consistently conducted, leaving long-term contamination risks unclear
Photos of Contamination:
This Trumbull County environmental disaster was covered in numerous media stories:
- “Spill at Injection well threatened water supply near Warren”
2. “State officials say Kleese Development failed to construct proper containment liner”
3. “Officials test KDA site for radium”
- https://www.tribtoday.com/news/local-news/2015/05/officials-test-kda-site-for-radium/
- https://ohiocapitaljournal.com/2024/07/31/after-more-than-a-decade-of-advocacy-a-majority- of-injection-wells-in-athens-county-are-suspended
[2]https://vindy.media.clients.ellingtoncms.com/news/documents/2015/11/13/KDA_affidavit.pdf
This Incident Report comes ahead as just one piece of a larger, comprehensive project releasing this summer detailing Injection Well failures and other ecological disasters.
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