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Cabot spokesman Ken Komoroski acknowledged the investigation "is taking longer than any of us wished it would," and that the order is essentially a clearing of the slate in an effort "to move forward and to provide assurance to everyone that it's not only a handshake, but a legal assurance to everyone."
The document, known as a consent order and agreement, requires that the owners of the 13 wells be provided with alternative water sources, that Cabot pay a $120,000 civil penalty for regulation violations and that the company submit to and receive approval from DEP for plans for drilling and hydraulic fracturing, or fracking, in the nine square mile area that contains the affected wells.
"Cabot does not expressly agree that it was in violation of the orders. ... While we agree the department determined that, we don't necessarily agree that's correct," Komoroski said. "Is it absolutely necessary that replacement water sources be supplied? No. ... The one reason that water wasn't being provided to this point is there are no health or safety issues with the water. ... Certainly, there would have been alternatives, but for the situation that presented itself to everyone in the past few weeks, this was the best approach."
The investigation was precipitated by the January explosion of a water well, blamed on collecting gas.
The order notes that two gas wells had excess pressure, three with insufficient cemented casings that allow gas to vent haven't been corrected and that Cabot is presumed responsible for the increased methane levels in all 13 of the affected water wells. The order also identifies several spills and leaks at Cabot operations.
Because of the concerns, Cabot has agreed in the order to test the integrity of the gas wells in the designated area and fix defects. The company has until March 31 to do so.
Komoroski said that section of the order was left intentionally broad to allow Cabot to determine the best methods to perform the tests and fixes.
The company also must submit a list of anyone who's complained to it about water-supply issues. Komoroski said that list hasn't been completed, but "we think there could well be some more families who get water."
He said the investigation as to what caused the elevated methane levels is likely to take well into next year.
Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.
To see more of The Times Leader, or to subscribe to the newspaper, go to http://www.timesleader.com. Copyright (c) 2009, The Times Leader, Wilkes-Barre, Pa. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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