The struggle to open well Weathersfield injection continues | News, sports, jobs

AWMS Water Solutions of Howland continues its efforts to open the injection well at Weathersfield.

The company has appealed the Ohio Oil and Gas Commission’s decision on how the well should operate when it resumes operations.

Small earthquakes caused it to shut down in 2014.

Attorney Matthew Fansoch, who represents AWMS and is a trustee in Howland, notified the Franklin County General Court of Appeals this month that AWMS is filing an administrative appeal of the June 30 decision by the Oil and Gas Commission.

Administrative appeals of judgments from many state councils, such as the Oil and Gas Commission, are tried in the Franklin County General Court of Appeals.

This panel ruled that the Ohio Department of Natural Resources’ restart order — which refers to the rules by which an injection well can be reopened — is legal and reasonable.

two wells

AWMS Water Solutions LLC is a wholly owned subsidiary of Avalon Holdings Corp. Affiliate of One American Way in Howland.

Attempts by the newspaper last week to reach the company and its legal counsel for comment on the appeal were unsuccessful.

AWMS opened two injection wells on State Road 169 north of Niles in 2014.

However, ODNR shut down the wells in September 2014 after AWMS 2 caused multiple earthquakes, including a 1.7-magnitude earthquake on July 28, 2014, about two months after the well became operational; It measured 2.1 on August 31, 2014, according to ODNR.

After years of legal action, the Ohio Supreme Court overturned a lower court decision in 2020, and AWMS No. 2 was allowed to reopen.

However, the AWMS has not agreed to the criteria under which ODNR said the well would be allowed to remain open.

Restart the request

The restart order requires the well to be shut down again in the event of an earthquake of magnitude 2.1 or greater, which the AWMS found to be very restrictive.

In a file linked to the appeal, the Office of Disaster Management and Appeals said it chose a score of 2.1 because that is the level at which the community may feel an earthquake and raise safety concerns.

AWMS appealed the restart order to the Ohio Oil and Gas Commission, which ruled June 30 in favor of the ODNR restart order.

Judge Kimberly Cockcroft has set a timeline of dates by which the parties must file legal briefs in the case, beginning with the AWMS filing its first brief on October 18, followed by the ODNR Brief and the AWMS Follow-up Brief, both in November.

Cocroft is the same judge who heard a previous administrative appeal of the Ohio Oil and Gas Commission ruling. It ruled in late 2016 that the Oil and Gas Commission was working on the details with AWMS to reopen the well, but ODNR appealed Cocroft’s decision.

This led to the Ohio Supreme Court ruling in favor of the AWMS, and then an ODNR ruling setting out the criteria under which the well will be reopened.

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