Are Frac Ponds a Public Health Threat?

Chesapeake Energy Frac Pond located at the Fulson Drill Site 
Southeast Arlington, TX
Photograph taken by Fish Creek Monitor on 7-26-2016

Vector Disease Control International conducted round two of targeted ground spraying throughout Fish Creek neighborhood this week.  They applied the first round of a synthetic permethrin insecticidal product manufactured by Bayer the week of July 5th, but on July 22nd another mosquito tested positive for West Nile virus.

Looks like they missed the target.

A single bite from one of these tiny winged insects can produce devastating disease.  Because we noticed such a proliferation of mosquitoes since the installation of the frac pond in our community ~ and since mosquitoes have the ability to travel anywhere from 300 feet to 100 miles depending on the breed ~ we asked the City if they require gas operators to implement any sort of mosquito control program for their frac ponds.

We learned that the City of Arlington does require gas operators to treat their frac ponds with mosquito dunks, but verification of compliance is questionable at best.  There is really no way to confirm whether or not the mosquito pellets [sic] that Chesapeake applies to their pond are working to keep the mosquito population at bay. 

According to a Gas Well Specialist with the City of Arlington, this is how compliance works:  

"We (the City) go by their (Chesapeake's) word. They've been pretty honest about the things they do."

 So, how do we know if the pellets are actually working to prevent mosquitoes from breeding in these ponds?  We don't.  The City does not place mosquito traps on gas operators' private property.

Since it is possible that frac ponds might be contributing to mosquito-borne illness, why not require operators to fill them in with dirt?  Chesapeake hasn't drilled any new wells at the Fulson Site since 2012, so there is no need for a pond at this time.  This would be a legitimate request by citizens to ask of their council representatives. Why take the chance of even one person contracting the West Nile or Zika virus?  In the early days of mineral lease signing, landmen pitched the idea that frac ponds would be amenities to the community.  Now people know better.

 Ban the frac ponds.

Doing away with frac ponds in city limits could actually be a win-win for everyone.  It was done at Chesapeake's Rocking Horse Drill Site back in 2012.   Gas operators would still be able to access water for fracking through the installation of above-ground frac tanks/pools which can be easily taken down after completion of a gas well.  XTO, in fact, uses them on a regular basis. Ridding the city of these stagnant man-made reservoirs which waste acreage would not only free up land for future development, but would eliminate a potential breeding habitat for mosquitoes.  

In 2015 fossil fuel advocates influenced the Texas Legislature to pass HB40.  This bill essentially strips away local control from municipalities to regulate fracking with some exceptions such as truck traffic, noise, and setbacks to some degree as long as these restrictions are "commercially reasonable" for the operator.  However, this bill does not specifically address frac ponds.  Since operators could still gain access to an alternative water source, it would seem reasonable that Arlington, a home rule city, could be a role model for other nearby communities by shoring up its ordinance to address this potential public health threat of mosquito-borne illness.  

Our State's overreach of HB40 may have banned fracking bans, but it doesn't specifically prohibit the banning of  frac ponds. Because of the number of cases of  mosquito-borne illnesses in North Texas, this may be a subject worth thinking about.  

In case you missed Chesapeake's Big Boy, click here to meet him.
 

You don't know what you've got till it's gone

We will sincerely miss Dr. Bob Cluck, our mayor of 12 years.  The election results are in, and Jeff Williams, civil engineer and businessman, received 58% of the vote.   As Joni Mitchell wrote, "You don't know what you've got till it's gone."  

So now, as Arlington, TX changes regimes, we'd like to dedicate this song to Jeff Williams.  He plans to develop the City, particularly the area around AT&T Stadium.  We also suspect that the Oil & Gas industry will continue to experience a very favorable climate in Arlington since word has it that many industry men helped with his campaign.

This song is also dedicated to our friend, Carol, who supported our efforts and loved walking amongst nature and the wildflowers.  She left this world on May 4th after a battle with cancer. 

Democracy in Texas also died on May 4th when HB40 passed in the Senate.  Denton citizens fought long and hard for their fracking ban, but our State will not have the people deciding what is best for their communities any longer.  How ironic is it that 58% of the people could vote in a new mayor, yet 58% are not allowed to say that zoning heavy industrial mining next to communities is unacceptable. 

Every Vote Counts

How many ways can we suppress the vote?  Arlington, TX City Councilman, Robert Rivera, will host his third gas drilling town hall to be held on Election Day despite objections from citizens.  There are concerns that a meeting held on this day could pull focus away from the election process and have a negative impact on the vote.  Every vote counts, so we can't afford to lose a single one.

In April, citizens suspected voter suppression when we learned that the well-established early polling location at the South Service Center would no longer be utilized.  The new location at Saint Joseph's Catholic Church ~ chosen by two City staffers ~ would be even further away from our community.   Many spoke out at City Hall on April 14th.  Council claimed that they didn't know anything about this change, even though this maneuver had been in the works for months.  Scroll 56:00 minutes into the meeting to hear Councilman Rivera's explanation about why it's too late to reinstate our early voting location for this year's municipal election.  He says, "It's already out of our control... There's simply nothing else we can do." 

This explanation did not sit well with Marvin Sutton, who is running against Rivera, District 3 incumbent.  Marvin, along with community groups, pushed to get our early voting location reinstated for this municipal election.  Click here to view the 7-minute long special meeting of its reinstatement.  

Even State Representative Chris Turner (HD101) ~ who typically doesn't meddle in city affairs ~ intervened.  Click here to read the letter he sent to Mayor Cluck.

We spoke with supporters from various campaigns throughout the week, and they all report that they have had no trouble with parking ~ one of the reasons given for the need to close that location. 

Now, since nothing of substance was accomplished during the first two gas drilling meetings other than citizens venting their frustrations over fracking inside the community, we see no reason to waste taxpayer resources on another fruitless meeting where Mr. Rivera might potentially scoop up some last minute votes for himself, and we are pulled away from working our campaign.  It interferes with the political process. 

The previous two town halls did nothing to improve living conditions for the neighbors living near the Sue Barnett Site.   XTO's operations are still an ongoing nuisance.  They reluctantly agreed to wrap the rig floor with a sound blanket, but it is still noisy. Sometimes we can hear that rig from a mile away!  It sounds like an older model in need of a tune up and a brake job.

Furthermore, it is pointless to hold another meeting to discuss gas drilling when it is more likely than not that Texas municipalities will soon lose local control over the regulation of oil & gas.  On April 30th, the Texas State Senate Committee on Natural Resources and Economic Development swiftly voted to pass HB40 with a unanimous vote of 9-0.   Click here for the link to watch this committee hearing, which is just under an hour long.  

Although the State will allow cities to regulate surface activities such as lights, truck traffic, and noise, these regulations must be "commercially reasonable," which is ambiguous language that the committee refused to eliminate from the bill.  In essence, we really won't be able to do much to protect safety or quality of life if HB40 becomes law because this is heavy industrial mining happening inside the neighborhoods in very close proximity to our homes.

NO ONE from our city attended the hearing in Austin ~ not even our lobbyists from HillCo.   When we inquired with Jennifer Weichman, Director of Management Resources for the City of Arlington,  as to the reason why no one attended such an important committee hearing on behalf of our City, she stated, "Our goal was not to change the bill...We think the way it's working is working fine...We monitored it... We put our resources where we can."

It is curious that our City chose to NOT spend resources in Austin on April 30th to defend democracy, property rights, and health and safety of its residents, yet they choose to allocate City resources for staff overtime to hold yet another pointless gas drilling meeting for Robert Rivera just hours before the polls close on Election Day. 

Early voting continues through May 5, 2015.  
For hours and locations, click Here.

Election Day is Saturday, May 9, 2015.

Click here for information on how candidates stand on local issues. 

The Fish Creek Monitor endorses Marvin Sutton for District 3 Arlington City Council.

If You Love Fracking, Vote for Robert Rivera

Robert Rivera, District 3, Arlington, TX City Councilman at Gas Drilling Town Hall  4/21/15
 ...a little dab'll do ya

On April 11th when dozens of families in West Arlington were evacuating their homes due to a gas well emergency, District 3 City Councilman, Robert Rivera was enjoying a fun-fest raising money for his re-election campaign.  So, if you love fracking, vote for Robert Rivera because fracking seems to be his issue.  His robo calls even said so.
  

Texas State Senator Konni Burton came to the party.   According to a report by Lobby Watch, Konni Burton received a ton of money from Oil & Gas ~ a whopping $261,667!  In fact, she received more oil and gas money than any senator in our State, and it looks like Mr. Rivera has aligned himself with her.  The average contribution for Texas Senators was $56,207.

See how much oil and gas money your representative received by scrolling through this Lobby Watch document:

Frack Ban Preemption Money

Tony Tinderholt, (R) HD94 and Bill Zedler (R) HD96 also came to the party.  Both voted in FAVOR of HB40.  It is disappointing, to say the least.  These men are from Arlington and ought to know better.  They sold us out.

The Texas House of Representatives voted on  HB40 last Friday, April 17th:

"Relating to the exclusive jurisdiction of this state to regulate oil and gas operations in this state and the express preemption of local regulation of those operations."   

This bill essentially strips local control of oil and gas activities from municipalities, violates property rights, and puts the health and safety of millions of residents at risk.  It is  carte blanche for oil and gas.  The bill passed with an overwhelming majority vote of 122-18, with a price tag of approximately $5.5 million.  

Next, it goes to the Senate Floor, so call and write your Senator now and urge them to vote "NO" on SB1165 or you may get a drill site ~ or even worse ~ an injection well  near your property line.  The oil and gas industry is ruthless.  They don't care who or what they frack.  If we lose local control, run for the hills!

It is puzzling why Rafael Anchia and Justin Rodriquez ~ two representatives who voted to preserve local control ~  are not included on this fundraising announcement.  During our town hall the other night Mr. Rivera gave our community the impression that he is aligned with both of these men. 

During the candidate forum sponsored by the League of Women Voters earlier this week, Robert Rivera made a statement which seems to present an ethical dilemma.  He stated that a child doesn't care who paid for the equipment on a playground.  So if we are interpreting this correctly, it is acceptable to poison our communities with fracking pollution in order to purchase cool things for kids with royalties.  Is this the message to teach our children ~ that the end justifies the means? 

Earthworks dropped by the Fish Creek Neighborhood last weekend, and this is what the FLIR camera captured this time: 

Fulson Drill Site, Arlington, TX, Operated by Chesapeake Energy 

Video by Earthworks 

Fracking Air Pollution

It takes its toll.  It ages people.  When you've lived here as long as some of us have, it might just take a little more than a dab to do ya. 
 

Early voting begins April 27th, and Election Day is May 9th.

Vote for Marvin Sutton, Arlington City Council District 3.