Document health_mcleancountyil_gov_doc_73dc815aec

In The Matter Of: APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 ADVANTAGE REPORTING SERVICE 110 S.W. JEFFERSON AVE., SUITE 430 PEORIA, IL 61602 PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] [EMAIL REDACTED] Original File 10-27-14_HRG_PAULA.txt Min-U-Script® with Word Index ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 1 BEFORE THE MCLEAN COUNTY 2 ZONING BOARD OF APPEALS 3 IN RE: Applicant of Minard ) Run Oil Company, Bradford, ) 4 ) ) 5 Special Use Permit ) Application Public Hearing. ) 6 ) 7 8 TRANSCRIPT OF PROCEEDINGS had at the public 9 hearing of the above-entitled cause, taken before 10 Paula A. Morsch, C.S.R. License No. 84-002965, a 11 Certified Shorthand Reporter in the State of 12 Illinois, on the 27th day of October, 2014, at the 13 hour of 6:00 p.m. to 10:00 p.m., at 115 E. Washington 14 Street, in the City of Bloomington, County of McLean, 15 State of Illinois. 16 17 18 19 20 21 22 23 Page 2 1 PRESENT: 2 LIVINGSTON, BARGER, BRANDT & SCHROEDER 3 BY: William C. Wetzel, Esq. 115 E. Jefferson, Suite 400 4 Bloomington, IL 61702 [EMAIL REDACTED] 5 for the Applicant Minard Run Oil Company. 6 ZBA BOARD: Sally Randolph, Chairwoman 7 Philip Dick, Building & Zoning Chris Carlton, ZBA Member 8 Julia Turner, ZBA Member James Finnigan, ZBA Member 9 Brian Bangert, ZBA Member Michael Kuritz, ZBA Member 10 11 Donald Knapp, Civil Attorney Michael Behary, County Planning 12 Eric Schmidt, County Highway Engineer 13 Dr. Nelson, Geologist. 14 15 16 17 18 19 20 21 22 23 Page 3 1 MS. RANDOLPH: This is a continuation 2 of case SU-1405. Secretary will call the roll. 3 MR. DICK: Jim Finnigan? 4 MR. FINNEGAN: Here. 5 MR. DICK: Michael Kuritz? 6 MR. KURITZ: Here. 7 MR. DICK: Sally Rudolph? 8 MS. RANDOLPH: Here. 9 MR. DICK: Julia Turner? 10 MS. TURNER: Here. 11 MR. DICK: Brian Bangert? 12 MR. BANGERT: Here. 13 MR. DICK: Chris Carlton? 14 MR. CARLTON: Here. 15 MS. RANDOLPH: Six members constitute 16 a quorum. We can conduct business, and I apologize 17 for the delay. When we met at 7 o'clock for many, 18 many years, it's really weird to go to six, so 19 please accept our apologies. 20 Mr. Wetzel, I think you're on. 21 MR. WETZEL: Thank you. I applaud 22 the participation by this group. I understand what 23 you're talking about. Our witness will be Bob Herr. Page 4 1 I think and hope in front of you you each have the 2 copy of this list of drilling fluid products. I was 3 going to ask him to kind of go down through it and 4 try to explain to you as best he can what the 5 elements of it are, what its function is and what 6 the perhaps risks are. It has facts and information 7 on it. It was addressed to me from Schwartz 8 Oilfield Services, Inc., and it was dated 10/22/14. 9 MS. RANDOLPH: Okay. We're ready. 10 MR. WETZEL: I'm going to present 11 Robert Herr. Bob, you recall that you are under 12 oath and that the questions you answer, the 13 testimony you give are still bound by that oath? Do 14 you understand that? 15 MR. HERR: I do. 16 MR. WETZEL: In front of you do you 17 have a list that was prepared to set forth certain 18 of the liquids and other materials that were used in 19 connection with the drilling operation? 20 MR. HERR: Yes, sir. 21 MR. WETZEL: And could you tell the 22 board, please, the background, how it came to be 23 that that list was prepared and sent to me? Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 2 - 4 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 5 1 MR. HERR: Yes, sir. When we prepare 2 to drill an oil well, one of the things we have to 3 do is select a contractor to furnish the drilling 4 fluids. In this case I called and requested this 5 information from Schwartz Oilfield Services. 6 They're located in Centralia, Illinois. They're a 7 vendor of oil field drilling fluids and when you 8 purchase the fluids, you also purchase engineering 9 services. They're provided as a portion of the cost 10 of the fluid, and Schwartz Oilfield Services also 11 does oil well cementing, too. That's one of their 12 primary businesses. So when you select a 13 contractor, and I commonly use Schwartz Oilfield 14 Services as a drilling mud vendor, when you select a 15 contractor, you call them up and say, hey, I'd like 16 you to furnish the drilling mud prop and additives 17 for my well, and you will tell him how deep the well 18 is going to be and something about your drilling 19 program, what you plan to do, and they will assemble 20 a list or a collection of products in a steel 21 container. We refer to it as a barge, it's for easy 22 transportation over muddy locations, and they will 23 deliver that to the location for use by the drilling Page 6 1 crew. 2 So I called Schwartz, and I said I would 3 like you to prepare me a list of the products that 4 you commonly include when I tell you that I'm going 5 to drill a well and just give me their trade name 6 and what their use is and the brand name. Probably 7 trade name should have been generic, but these 8 products are manufactured by, most of them are 9 manufactured by a company called MI Drilling Fluids. 10 So as a result of this request, Tristan Zimmerman, 11 who's like the lead engineer for Schwartz, and Adam 12 Langenfeld, who is a mud engineer for Schwartz, they 13 prepared this list of products that you see here and 14 I had them fax that to Mr. Wetzel's office. So this 15 is what we typically might utilize in the process of 16 drilling an oil well. 17 The drilling mud, as we refer to it, is 18 commonly referred to as a water-based mud or a 19 water-based drilling fluid. You'll probably hear me 20 use that terminology frequently. I'll just go 21 through the list here and try to describe as best I 22 know any of these products and what they're used 23 for. The first product, the brand name is MI Gel. Page 7 1 That's just Montmorillonite Clay. It's commonly 2 referred to as Bentonite and it's used to build a 3 thick mud. This clay expands like it's very 4 reactive to fresh water and expands to ten times its 5 original volume when it gets wet, so it's very 6 useful in preparing the drilling fluid that's pumped 7 down the well. The purpose of drilling fluids is 8 multiple. One is to carry the cuttings out of the 9 well as we drill. The drilling process generates a 10 bunch of small rock chips, most of them smaller than 11 the end of a pencil eraser, very tiny. They cool 12 and lubricate the drilling bit. You're drilling 13 hard rock with steel and so the more lubrication and 14 cooling you can give it, the better off it is. It 15 also serves to plaster up the walls of the hole and 16 make the hole more stable. So the Bentonite or 17 Montmorillonite Clay is the building block for a 18 water-based drilling system. 19 Caustic soda or Sodium Hydroxide, also 20 referred to as lye, it's used to modify the pH. PH 21 is a method of defining how acid or alkaline 22 materials are. If you're familiar with farming 23 operations, you would know that or will know that Page 8 1 farmers are quite concerned about the pH of their 2 soil. Plants don't grow well when the pH is not 3 right and so the most common product you'll see them 4 add to farm land to modify the pH is lime. Repeated 5 use of fertilizers causes soil to become 6 acidic and plants don't do well, or some plants 7 don't do well, and I don't purport to be an expert 8 but I do know my wife and I own farm land and I do 9 know that lime is frequently spread on it. The 10 point of the whole story is that pH control is 11 essential in other industries. In our particular 12 case Bentonite expands better and exhibits better 13 viscosity properties in a alkaline 14 environment, so depending on where we get the water 15 from that we're going to drill with, we may have to 16 add certain chemicals to modify the pH of the water. 17 Also, some of the rocks that we drill through will 18 affect the pH and we may need to add certain 19 products during the drilling process to maintain the 20 pH at a level that we want. 21 Soda ash is also known as washing soda. 22 If you have hard water, you can add washing soda to 23 your washing machine before you wash your clothes Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 5 - 8 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 9 1 and it will help soften the water, and that's what 2 we use it for. Sometimes the waters that we obtain 3 to drill a well with are a little bit hard, they 4 have high mineral content, so we can add soda ash. 5 Quebracho is a tannic acid. It's used to 6 control some of the properties of the mud. 7 Caustilig is actually brown coal that's been 8 pulverized very fine. It's used to control what we 9 call filtrate. As you drill the well and penetrate 10 porous formations, the drilling fluids tend to seep 11 into the porous rocks. If you encounter porous 12 sandstones or porous limestones, the drilling fluids 13 will seep into that rock and so we add filtrate 14 control products to the drilling fluid to retard 15 this action and slow it down. It also as the 16 water is filtered out of the drilling fluid, it 17 produces a very thick filter cake which makes 18 drilling difficult, so controlling filtrate has 19 several advantages. 20 Dris Pac is a cellulose product. It's 21 also used for filtrate control. Poly Plus is Poly 22 hydrolyzed Polyacrylamide. This is used to build 23 viscosity. Certain hole conditions where you're Page 10 1 having trouble, maybe some of the hole may be trying 2 to heave in on you and instead of generating little 3 tiny rock chips, you may be getting chunks out as 4 big as my thumb. Well, it's physically hard to lift 5 those out of the well, so we add chemicals like Poly 6 Plus to the drilling mud to thicken it so that it 7 has better carrying capacity. This is also used in 8 water treatment plants, city sewer plants to 9 coagulate sewage and that type of thing. If you had 10 an ice cream cone last night, you probably had some 11 of this, too, because it's manufactured in food 12 grade and used to thicken ice cream. 13 The last material is Platinum DD. That 14 stands for drilling detergent and this is soap. It 15 slicks the hole up, makes the muds very slick. It 16 also reduces the torque, because sometimes if the 17 mud gets out of shape, it gets hard to turn the 18 drill pipe and so the drilling detergent makes the 19 hole slicker and reduces the amount of torque that 20 it takes to turn the drill pipe. Adam Langenfeld at 21 Schwartz also advised me that they use this to wash 22 their clothes at the shop. 23 That's basically a summary of the products Page 11 1 that we normally use in preparing a water-based 2 drilling fluid that we drill a well with. I would 3 expect that we'd probably use at least some of these 4 materials in the proposed O'Rourke well. 5 MR. WETZEL: Bob, in connection with 6 these materials, you deal with these commonly, would 7 that be an accurate word to say, in terms of 8 drilling, the techniques, and what you need to go 9 through in order to, first of all, test it and to 10 install pumping equipment and have an operating 11 well, is that true? 12 MR. HERR: Well, if I can think of a 13 word stronger than commonly, I'd use it. There's 14 probably some 2,000 land rigs running in the U.S. 15 and Canada as we speak and probably three-quarters 16 of these are using a fresh water-based drilling mud 17 system similar to this. These rigs are crewed by 18 anywhere from fifteen to thirty men. They work 19 seven days a week 24 hours a day, and so people use 20 this stuff all the time. 21 MR. WETZEL: To your knowledge has 22 there ever been an incident or an event that caused 23 harm to anyone as a result of the leaching out or Page 12 1 the contact with any of these materials? 2 MR. HERR: I don't know of any. As I 3 testified earlier, we land spread this drilling mud 4 when we're finished with the drilling of the well. 5 I've had verbal reports from landowners that it 6 actually enhances the soil productivity. I suspect 7 it's due to the fact that this is a 8 alkaline product and it probably helps neutralize 9 soil that may be acid and helps adjust the 10 pH on the soil. 11 MR. WETZEL: Bob, I'm going to go to 12 another question and another subject, so to speak, 13 here and that would be the Wapella field, and I'm 14 going to ask you if you in fact visited that site 15 and if you did, if you could comment on what you 16 observed about that site and its commonality, if you 17 will, with the site that is the subject of this 18 petition. 19 MR. HERR: I visited the Wapella East 20 Field a week ago this past Saturday. I can't quote 21 the I'll look at the calendar. It was Saturday, 22 October the 18th. I felt the field looked better 23 than average for a 50-year-old oil field. It Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 9 - 12 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 13 1 appeared to me to be very similar to the site that 2 the O'Rourke well is going to be drilled on, typical 3 what I call black dirt farm land that's very common 4 in this area. There were cornfields planted all 5 around the wells and the facilities. There was a 6 farmer shelling corn while I was there. 7 I looked at the tanks. They could use 8 some things. They were rough looking. The 9 containment dikes were probably two to three times 10 the minimums required by oil and gas division rules. 11 I looked at both what appeared to me to be two 12 injection wells or disposal wells. I didn't observe 13 any evidence of any saltwater kills around the 14 wells. I looked at one of the pumping wells, 15 pumping units on the wells I could see down the 16 road. I couldn't see any evidence of oil leakage or 17 soil contamination from leaks. I looked at some of 18 the other wells out in the cornfields, but I could 19 just see the top of the equipment. I didn't go to 20 them because I didn't want to be trespassing on 21 private property. 22 MR. WETZEL: In terms of the access 23 roads that provide access into that area, are they Page 14 1 somewhat comparable in character and quality as 2 those surrounding the property that's the subject to 3 this petition? 4 MR. HERR: I think so. They appeared 5 to me to be oil and chip roads that are pretty 6 common in Illinois. 7 MR. WETZEL: To your knowledge has 8 that field been in operation for in excess of fifty 9 years in producing oil during that period? 10 MR. HERR: Yes. 11 MR. WETZEL: And was it producing oil 12 the day you visited the site? 13 MR. HERR: I believe so. The wells 14 were all running. 15 MR. WETZEL: I have no more 16 questions. 17 MS. RANDOLPH: Questions from members 18 of the board? 19 MS. TURNER: Do you guys have special 20 handling instructions for these chemicals that you 21 use? 22 MR. HERR: I'm not sure I understand 23 what you mean. I want to answer your question, but Page 15 1 what do you mean by special handling? 2 MS. TURNER: I mean like do you have 3 to wear any special equipment, you know, any 4 hazardous type, as you would with hazardous 5 chemicals? I know some soaps can be pretty caustic 6 depending on how strong they are, that type of 7 thing, so I'm trying to get at what's the level of 8 intensity of these things. 9 MR. HERR: The rig workers are called 10 roughnecks, so the roughnecks are instructed to wear 11 rubber gloves and safety glasses when they're 12 handling particularly like the caustic soda 13 material, which in its concentrated form can 14 certainly be dangerous. If the products are 15 particularly dusty, they should wear masks, but we 16 don't require like haz-mat suits or Ebola protection 17 suits, that type of thing. They're not trained 18 specially. It's on-the-job type training that they 19 receive. It's just common sense that, hey, put your 20 safety glasses on. As a matter of fact, it's kind 21 of a problem to be honest with you, because you've 22 got to be on them all the time or they won't. Does 23 that Page 16 1 MS. TURNER: No, it does. Could 2 you you were talking about spreading lime, and 3 I'm very familiar with putting lime on fields. Lye 4 and lime are different things, aren't they? 5 MR. HERR: Yes. 6 MS. TURNER: Okay. And what's the 7 difference between them? 8 MR. HERR: I don't know. I was 9 merely trying to illustrate that in certain 10 situations it's necessary to adjust the pH. That's 11 where I was really going with that, and I kind of 12 got off track. 13 MS. TURNER: Okay. 14 MS. RANDOLPH: Any questions from 15 staff? Are there any interested parties or 16 objectors that would like to question Mr. Herr at 17 this time? 18 State your name and address. 19 DR. RAU: William Rau, 313 Vista 20 Drive in Bloomington. 21 MR. DICK: Could you spell your name, 22 please? 23 DR. RAU: R-A-U. Mr. Herr, you've Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 13 - 16 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 17 1 mentioned that the drivers that you choose are 2 experienced in driving rural roads, is that correct? 3 MR. HERR: I don't recall mentioning 4 that at all. 5 DR. RAU: Well, would you say that 6 Schwartz has drivers that are safe? 7 MR. HERR: I believe so. 8 DR. RAU: You believe so. Have you 9 ever inspected or looked at their inspection 10 reports? 11 MR. HERR: No. 12 DR. RAU: And so you're not familiar 13 with their nineteen violations for speeding, 14 unsecured loads, bad brakes, or bad lighting? 15 MR. HERR: No. 16 DR. RAU: I would like to submit this 17 evidence on the docket on Schwartz. You've given a 18 list of the chemicals that Schwartz would provide 19 you. One of the things that strikes me as unusual, 20 I didn't see any biocide on that list. 21 MR. HERR: That's because we don't 22 use it. 23 DR. RAU: So you don't get any Page 18 1 bacteria and slime in your pipes? 2 MR. HERR: What pipes? 3 DR. RAU: In the pipes you bring the 4 oil up from the ground. You don't have any bacteria 5 underground that you need to kill off? 6 MR. HERR: This is drilling work, not 7 production. 8 DR. RAU: So you will use a biocide 9 in production then? 10 MR. HERR: If needed we might. 11 DR. RAU: So it's my understanding 12 MR. HERR: Madam Chairman, I believe 13 this to be outside the scope of what I testified to. 14 I testified as to drilling fluids only and he's 15 trying to expand it to production, and I made no 16 testimony with regard to 17 DR. RAU: That's okay, that's fine. 18 MS. RANDOLPH: You're correct. I 19 believe Mr. Herr is correct. He didn't get into 20 like muriatic acid either. 21 DR. RAU: That's fine. You did 22 mention or left the impression with people that soil 23 is just fine in oil production areas, is that Page 19 1 correct? You visited the Wapella area and you said 2 everything there looked fine? 3 MR. HERR: I said it appeared fine. 4 I didn't say it was. I said it appeared fine. 5 DR. RAU: Okay. As someone who's 6 worked in southern Illinois, you're familiar with 7 the extensive sterilization of soil in southern 8 Illinois? 9 MR. HERR: I wouldn't characterize it 10 as extensive. I know there is some. 11 DR. RAU: Twenty-eight thousand to 12 thirty-eight thousand acres as of the 1970's. 13 MR. HERR: You'd have to show me the 14 proof of that statistic. 15 DR. RAU: It's from the Illinois 16 State Geological Survey report. I can get it and 17 submit it later on. I don't have it with me. 18 MR. HERR: I think it's supposed to 19 be submitted right now, is that not correct, Madam 20 Chairman? 21 MS. RANDOLPH: We would need it. 22 DR. RAU: Fine, but there are areas 23 in southern Illinois that have gullies that are two Page 20 1 to four feet deep because the sterile soil won't 2 grow anything on them, it washes away? 3 MR. HERR: I don't know, sir. You're 4 the one that's claiming that. Again you've not 5 submitted any evidence. 6 MS. RANDOLPH: Dr. Rau, you should be 7 questioning regarding his testimony. 8 DR. RAU: Well, he was talking about 9 the soil. We have some of the best soil in the 10 world. I'm very much concerned about it. 11 Just one thing about the roads around 12 Wapella. These are 50-year-old wells. Would it be 13 best to describe them as stripper wells that are 14 producing one or two barrels a day? 15 MR. HERR: I don't know what they're 16 producing. 17 DR. RAU: But they're 50 years old? 18 MR. HERR: Granted. 19 DR. RAU: Right, so they probably 20 have minimal production, which means there's not 21 much truck traffic now, so the analogy between what 22 is there and what we're facing in Downs is simply 23 apples and oranges comparisons, is it not? Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 17 - 20 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 21 1 MR. HERR: Not in my opinion. Again 2 you haven't submitted evidence of how much truck 3 traffic there is. I mean you have no count on 4 loads. You're theorizing about how many barrels a 5 day the wells make. There's no hard numbers on 6 anything. It's just blue sky. I'm sorry to be so 7 disagreeable but 8 DR. RAU: No problem. It's just 9 interesting a 50-year-old well that's producing at 10 maximum capacity. It's so interesting. I'll stop 11 there, Madam Chairman. 12 MS. RANDOLPH: Thank you. Any others 13 that would like to question? 14 MR. WOJTANOWSKI: Ron Wojtanowski. 15 MS. RANDOLPH: Turn your mike on. 16 MR. WOJTANOWSKI: Ron Wojtanowski. 17 Do I need to spell it? 18 MS. RANDOLPH: Yes. 19 MR. WOJTANOWSKI: W-O-J-T-A-N-O-W-S-K- 20 I, Danvers. Just a couple of questions. Will these 21 chemicals be absorbed by the crops in any way? 22 MR. HERR: I think the chemicals are 23 spent before they're ever land spread, so I would Page 22 1 say no. 2 MR. WOJTANOWSKI: So they break down 3 rather fast. Is that what you're saying? 4 MR. HERR: I believe so. 5 MR. WOJTANOWSKI: Okay. That's my 6 next question. How long will they stay in the soil? 7 MR. HERR: I think they're expended 8 before they go in the soil. 9 MR. WOJTANOWSKI: So you think 10 they're neutral before they're they're not 11 absorbed by the soil or they're not toxic after 12 they're mixed into the soil or anything like that? 13 MR. HERR: I don't believe so. 14 MR. WOJTANOWSKI: You don't believe 15 so. So then my next question is now that you're, 16 you know, if you're watching them harvest or the 17 same thing applies when they plant, they kick up a 18 lot of dirt and a lot of erosion. Do you think 19 these chemicals will be dangerous to the farmer's 20 health either handling the soil or breathing them 21 in? 22 MR. HERR: I don't think so. Like I 23 stated earlier, I think by and large they're Page 23 1 expended. Certainly any of the polymer type 2 products the microbes in the soil will devour 3 quickly. 4 MR. WOJTANOWSKI: Now, I'm not an 5 expert, but I've heard that the Polyacrylamide in 6 this state is highly toxic. You said it wasn't. 7 Can you explain that? 8 MR. HERR: Well, as I understand it, 9 it's also manufactured in the food grade which is 10 used to viscosify ice cream. 11 MR. WOJTANOWSKI: But you know how 12 chemicals are. That would be a different chemical 13 probably. 14 MR. HERR: You said Polyacrylamide. 15 I listed here a partially hydrolyzed Polyacrylamide. 16 MR. WOJTANOWSKI: Right. 17 MR. HERR: You may be talking about a 18 different product. You didn't use all the 19 terminology. 20 MR. WOJTANOWSKI: Yeah, I guess 21 that's what I meant. Okay. 22 MR. HERR: You need to say what you 23 mean because I'm pretty easily confused. Page 24 1 MR. WOJTANOWSKI: Okay. Yeah, we 2 were sticking to the list of chemicals I guess. But 3 anyway, one last question then. These drill 4 shavings, how big are they? 5 MR. HERR: They're very small. 6 Probably maybe very small. 7 MR. WOJTANOWSKI: So 8 MR. HERR: I was trying to think. 9 Maybe the size of a little tiny piece of lead out of 10 a lead pencil. 11 MR. WOJTANOWSKI: Could they give the 12 farmers flat tires on their machinery? 13 MR. HERR: No. They're rounded off. 14 MR. WOJTANOWSKI: They're rounded, so 15 there would be no danger of a flat tire or damage to 16 their machinery from the metal when they're 17 harvesting or whatnot? 18 MR. HERR: There's no metal. This is 19 just strictly little tiny rock chips. 20 MR. WOJTANOWSKI: Oh, they're rock 21 chips, so they're not sharp? 22 MR. HERR: No. They're rounded off 23 just like I just said. Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 21 - 24 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 25 1 MR. WOJTANOWSKI: And 2 MR. HERR: You said one question 3 more. I'm going to take you at your word. You 4 started out and you said two. Then you asked about 5 eight. 6 MR. WOJTANOWSKI: Well, you get 7 carried away, too. Anyway, I went down to the 8 Wapella site myself and you mentioned the roads 9 going back to the pump jacks. I thought they looked 10 like dirt and mud roads myself. Is it your 11 intention to make better roads than that in the 12 O'Rourke site? I assume they'd have to be more 13 sturdy than the roads down in Wapella are. 14 MR. HERR: I have to ask a question 15 before I can answer it. Do you mean the roads going 16 to the wells or do you mean the township roads 17 around the field? 18 MR. WOJTANOWSKI: The roads going to 19 the wells. They look like they were in pretty bad 20 shape. I mean they were dirt roads. They weren't 21 paved. 22 MR. HERR: Right. 23 MR. WOJTANOWSKI: They weren't rock Page 26 1 chip roads like you described. 2 MR. HERR: For clarification 3 purposes, I was describing the township roads that 4 are around the edges of the lease that people use 5 all the time to drive back and forth. 6 MR. WOJTANOWSKI: Okay. So can you 7 tell us what the roads going back to the actual well 8 sites would look like on the O'Rourke property? 9 MR. HERR: It would depend on 10 MR. WOJTANOWSKI: Would that just be 11 dirt road, just the dirt that you're driving on? 12 MR. HERR: It would depend on what 13 the oil company instructed me or their construction 14 supervisor to build, and I haven't received any 15 direction in that regard yet. 16 MR. WOJTANOWSKI: Okay. But if 17 you're the driller and you know what size machinery 18 you will be using and stuff, you know what you need 19 to do. I mean if we get a good rain, it will be all 20 muddy and everything so you won't be able to drill 21 or what? 22 MR. HERR: Typically we don't 23 construct any road until after the drilling because Page 27 1 if we have a dry hole, then we don't have the road 2 there that has no purpose. If production is 3 obtained and we set equipment, why, we typically put 4 down the black matting. 5 MR. WOJTANOWSKI: Oh, okay. 6 MR. HERR: And then cover that with 7 rock to provide access. 8 MR. WOJTANOWSKI: Okay, thanks. 9 MS. RANDOLPH: Thank you. 10 MR. CAPPARELLA: My name is Angelo, 11 A-N-G-E-L-O, Capparella, C-A-P-P-A-R-E-L-L-A, 907 12 South Fell, F-E-L-L, Avenue in Normal. If I could 13 ask a few questions, I won't say how many yet. 14 First off, you just mentioned that in response to 15 one of the ZBA member's questions that sometimes you 16 have to, I don't know, kind of ensure that the 17 workers don their safety equipment for handling 18 drilling fluid and the like, that sometimes they 19 don't always have their eyeglasses on and things 20 like that. Is that what you said? 21 MR. HERR: Yes. 22 MR. CAPPARELLA: Does that same need 23 to ensure compliance or concern about their being Page 28 1 out of compliant have to do with their work 2 standards in actually doing the well as well in 3 their construction and other standards? Do you have 4 to be on top of them to be sure that they actually 5 do that correctly as well? 6 MR. HERR: Sure, that's why they have 7 a rig supervisor that stays there with them all the 8 time or most of the time to be sure that they do 9 perform the task that they're supposed to perform. 10 MR. CAPPARELLA: And so if the 11 workers aren't always protecting themselves, do you 12 have any thoughts about how they perceive the need 13 to protect the land, the groundwater, et cetera, 14 through their well construction? 15 MR. HERR: Well, we oversee the well 16 construction and we see to it that they perform the 17 tasks necessary to protect groundwater. 18 MR. CAPPARELLA: And does that 19 require a lot of oversight in order to make sure 20 people aren't being too cavalier the way they're 21 approaching things? 22 MR. HERR: Not in my experience. 23 Most of these are hard working people and they make Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 25 - 28 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 29 1 very good wages nowadays, much better than average, 2 and so we feel like we're able to attract good 3 people and most of them are pretty conscientious 4 about their job in my opinion. 5 MR. CAPPARELLA: Okay. You submitted 6 a document from Mr. Daniel, is that correct? 7 MR. HERR: Yes, sir. 8 MR. CAPPARELLA: Okay. And that was 9 a study that you asked him to do, as I recall. So 10 what I'd like to ask you is did you read the 11 documents that I submitted on Wednesday from 12 Dr. Roadcap and Wehrmann in relation to their 13 knowledge of the Mohamet Aquifer as former members 14 of the Illinois Water State Survey? 15 MR. HERR: This past Wednesday? 16 MR. CAPPARELLA: Yes. 17 MR. HERR: No, I did not. 18 MR. CAPPARELLA: Okay. Well, then I 19 will remind you of a couple of very brief points 20 made in those documents and ask if they have been 21 clarified by the study and map that you submitted 22 from Mr. Daniel. The first was that according to 23 Drs. Roadcap and Wehrmann, they said that a couple Page 30 1 of small tributary northeast to southwest trending 2 valleys may expand to meet the site in question, 3 that site being the well field. Did Mr. Daniel's 4 study address that? 5 MR. HERR: I don't believe he 6 addressed that issue specifically. 7 MR. CAPPARELLA: Did he address it 8 any manner or was it primarily to determine the 9 uncontested outline of the 500-foot contour that 10 defines the boundaries of the Mohamet Aquifer? 11 MR. HERR: He actually obtained 12 copies of three well logs that were drilled in a 13 rough triangular shape surrounding the proposed well 14 location and checked them for the presence of the 15 Mohamet Aquifer obviously because we're concerned 16 whether it's there, and we didn't observe any 17 aquifers in those three well logs. 18 MR. CAPPARELLA: Right. My question 19 wasn't for aquifers. My question and the testimony 20 I entered was trying to understand the connectivity, 21 potential connectivity via not only water but 22 sediments and the like to the aquifer, and again I 23 get back to one of the areas of uncertainty was the, Page 31 1 I won't say belief, but the assessment by these two 2 experts. 3 MR. HERR: Madam Chairman, this man 4 is just testifying. I'm sorry, they're supposed to 5 be asking questions, and you've called these people 6 down several times and they refuse to stick by the 7 rules. I would request that he be banned from 8 further participation for his refusal to follow the 9 rules. 10 MS. RANDOLPH: I'm sorry, you will 11 not achieve that, but please make it in the form of 12 a question. 13 MR. CAPPARELLA: The question would 14 be did Mr. Daniel directly address whether or not, 15 or further our knowledge whether or not there is or 16 is not any tributaries that extend beneath the site 17 in question that extend to the Mohamet Aquifer? 18 MR. HERR: I believe his examination 19 of the three aforementioned well logs was intended 20 to resolve that issue to our satisfaction. He did 21 not specifically mention it in his study. 22 MR. CAPPARELLA: He did not, okay. 23 Thank you. And my other question, the other area of Page 32 1 uncertainty again I'm trying to refresh your 2 memory since you haven't read these. That's all I'm 3 trying to do here so that you can understand my 4 question. Again Roadcap and Wehrmann who said that 5 they did not know the makeup of the valleys of that 6 interconnected valley in terms of the type of 7 geologic materials that might be there, did 8 Mr. Daniels' study clarify that in any way? 9 MR. HERR: No. 10 MR. CAPPARELLA: All right. Thank 11 you. That's all. 12 MS. RANDOLPH: Thank you. 13 MS. KEYLIN: Margaret Keylin, 14 K-E-Y-L-I-N, Downs, Illinois. 15 MS. RANDOLPH: Could we have your 16 street address, too? 17 MS. KEYLIN: 304 North Woodlawn. 18 MS. RANDOLPH: Thank you. 19 MS. KEYLIN: Mr. McDaniels' map when 20 I looked at it, it seemed to show like little blue 21 lines that were right next to the drill site, and 22 those lines connected with other blue lines that 23 eventually spilled into the Clinton Lake, that's Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 29 - 32 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 33 1 what it looked like to me, which is over the 2 aquifer, and I'm just wondering could these be 3 tributaries that contribute to the Mohamet Aquifer? 4 MR. HERR: I'd have to see the map, 5 please. 6 MS. KEYLIN: These little blue lines 7 right here, (Indicating). 8 MR. DICK: Ms. Keylin, could you 9 speak into the microphone, please? 10 MS. KEYLIN: I'm just pointing out 11 little blue lines that are kind of dotted, sort of 12 broken. They go around the area of the well and 13 they connect to solid blue lines, still quite small, 14 that connect to larger blue and that eventually 15 connect to Clinton Lake, and Clinton Lake is over 16 the Mohamet Aquifer. Do you see what I'm talking 17 about? 18 MR. HERR: I do. Could you state 19 your question again, please? 20 MS. KEYLIN: The question was could 21 these tributaries, could these be tributaries that 22 contribute to the Mohamet Aquifer? 23 MR. HERR: I don't know that. Page 34 1 MS. KEYLIN: Thank you. The past 2 history of the aquifer seems to indicate that the 3 aquifer has not been contaminated by oil and gas 4 drilling to date. What assurance can you give that 5 it will not be contaminated by oil and gas drilling 6 in the future, meaning as long as you're drilling 7 and extracting and/or into perpetuity as long as the 8 lease you've got on the property, which seems to go 9 forever? 10 MR. HERR: Well, I think that I 11 previously testified that we're going to follow and 12 exceed all the current standards that are in place 13 for the protection of the fresh water in the 14 construction of the wells. 15 MS. KEYLIN: Okay. Just a question. 16 Is rotary based drilling also used in that secondary 17 drilling that occurs if you should discover the oil? 18 MR. HERR: You mean for the 19 additional wells that might be drilled? I'm not 20 sure I understand. I want to answer your question 21 and I know it's a complex business, so I'm not sure 22 I understand it. 23 MS. KEYLIN: Well, when you talked to Page 35 1 Mr. Wjotanowski, you talked about production well. 2 So I'm wondering after that first exploratory, the 3 second well, is that rotary-based drilling also for 4 that production? 5 MR. HERR: Well, the first well would 6 be rotary drilled also. 7 MS. KEYLIN: And the second one as 8 well? 9 MR. HERR: They probably would all be 10 drilled with a rotary rig, yes. 11 MS. KEYLIN: All right. It was 12 mentioned that certain, that there were certain of 13 the liquids that were mentioned and that you 14 typically might utilize these liquids. Are these, 15 the list that you gave, are they all the liquids 16 that would possibly be used on this site to your 17 knowledge? 18 MR. HERR: To the best of my 19 knowledge. I'm trying to think. I mean sometimes 20 if we would encounter when you qualified it with 21 liquids, there might be certain situations where we 22 might use products like cottonseed hulls or shredded 23 cellophane. I can't think of another liquid we Page 36 1 might have to use if we had difficulty. 2 MS. KEYLIN: Okay. You said that the 3 clay and all the chemicals carry out cuttings which 4 are rock chips, usually quite small, but some can 5 get larger you said. There's some testimony earlier 6 by, I don't remember the doctor's name, he was a 7 geologist, that these rocks are where the radon is 8 carried. Will the cuttings be stirred into the 9 surrounding soil with all the rest of the clay and 10 chemicals? 11 MR. HERR: I believe he was referring 12 to just the shallow surface rocks. To my knowledge 13 and belief, there's no radon in most of the rocks 14 that we will be bringing to the surface. I believe 15 he was describing the occurrence of radon gas in the 16 shallow surface deposits that were laid down by the 17 glaciers and not in the entire depth of the well. 18 MS. KEYLIN: All right. I thought he 19 said that all rock contains some radon, but I'd have 20 to go back to the notes on that. 21 MR. HERR: Yeah, that's not my 22 understanding. 23 MS. KEYLIN: Okay. And you said you Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 33 - 36 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 37 1 didn't know where you were going to get the water 2 you need to drill with for these wells? 3 MR. HERR: Correct. 4 MS. KEYLIN: Okay. Could that be 5 local water possibly? 6 MR. HERR: Oh, yeah, it will be as 7 local as we can make it. We don't want to have to 8 bring it any farther than we have to. 9 MS. KEYLIN: Okay. Would you be 10 buying that water? 11 MR. HERR: If it's not we have the 12 right to use free flowing water if it's available. 13 If there's a nearby creek, then we can pump out of 14 that creek. 15 MS. KEYLIN: Would that creek have to 16 be flowing through the land that you are on? 17 MR. HERR: Not necessarily. 18 MS. KEYLIN: I wondered, and I'm not 19 going to get it right, but partially hydrolyzed 20 polyacrylamide, something like that 21 MR. HERR: I think that's right. 22 MS. KEYLIN: Is that the same that 23 you use in ice cream or not? Page 38 1 MR. HERR: That's what Mr. Adam 2 Langenfeld told me. 3 MS. KEYLIN: Exactly the same? 4 MR. HERR: No, not exactly. The one 5 that's used in ice cream is a food grade product, 6 which I presume is a little bit purer, might be 7 drying. I don't know. He just commented, he said 8 in food grade this is what they use to thicken ice 9 cream. 10 MS. KEYLIN: All right. I was 11 wondering, you listed the different chemicals and 12 things that you're going to use. What are the 13 possible amounts of these materials that you would 14 use in a well? I mean how much of this would you be 15 using to explore and then spreading out on the 16 ground? 17 MR. HERR: Well, you've got me there. 18 The quantities are fairly small. Let's take Dris 19 Pac. That's a very expensive product and so 20 typically we use maybe one hundred pounds, fairly 21 small quantities. The soap, you know, maybe ten or 22 fifteen gallons is added. Bear in mind, too, I'm 23 used to working with three to five thousand foot Page 39 1 wells, and this is going to be a thousand foot well. 2 MS. KEYLIN: So it would be less than 3 that even? 4 MR. HERR: Yeah, much less. 5 MS. KEYLIN: Okay. About the Wapella 6 East Field roads you were talking about, do you 7 know I mean this is fifty plus years ago that 8 they put these in. Do you know if those roads had 9 to be replaced when the wells were installed? 10 MR. HERR: Are you referring to the 11 township roads or the roads to the well? 12 MS. KEYLIN: Township. 13 MR. HERR: No, I don't know the 14 history of the township roads. 15 MS. KEYLIN: Okay. Thank you. 16 MS. RANDOLPH: Any others that have 17 questions for this witness? Okay. Mr. Wetzel, do 18 you have any redirect? 19 MR. WETZEL: I do not. 20 MS. RANDOLPH: So I believe we can 21 now move to number six, which is rebuttal testimony 22 and evidence by objectors/interested parties. Is 23 there anyone that would like to present? Page 40 1 DR. RAU: William Rau, again that's 2 R-A-U, 313 Vista Drive. Madam Chair, the rebuttal 3 testimony I'd like to give might run a little longer 4 than ten minutes. Can I possibly get expert witness 5 categorization to go a little over? 6 MS. RANDOLPH: I'm sorry, no. 7 DR. RAU: I'll do the best I can to 8 cut through things. One of the key issues we have 9 before us is whether we're dealing with something 10 that fits in a farming area or whether we have an 11 industrial park, and the key issue there is the 12 amount of traffic. I asked Mr. Herr if he could 13 give us an idea of the kind of production we would 14 face in the Downs area, and he really refused to do 15 so even though he had in his hand at the time 16 Wapella East Oil Field. 17 Let me advance along here. Hopefully I 18 won't mess this up. This is, I think it's page 19 eight or so, which I want to submit into testimony 20 which gives the production in the Wapella East 21 Field. It averages about 147 barrels a day and that 22 was limited by the pumps they have. They probably 23 could produce more but I don't know that it's a Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (10) Pages 37 - 40 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 41 1 fact, but we have a good estimate here of what the 2 production would be in the Silurian Reef, which is 3 probably what we're dealing with in this case. 4 I also asked him to give me a sense of the 5 brine production at this well, and again he refused 6 to do so even though a similar report also again by 7 Richard Howard that I want to submit into evidence 8 gives again the Wapella East water cut, and it's 9 31.8 percent. That's why in the supplemental use 10 permit you have one brine tank for two oil tanks. 11 That's a good idea of how much brine we're going to 12 be producing, so it will be substantial. And one or 13 two things has to happen to the brine. They either 14 have to truck to it a class two injection well south 15 of here or they have to bury it on site. We have 16 that issue. I'm going to return to that in a 17 second. Rather than having twelve trips a year, 18 we're going to have more like twelve trips a day, 19 and that's probably an underestimate of the amount 20 of traffic we're going to have coming in and out of 21 that particular facility. It could possibly go as 22 high as twenty trucks. 23 The other issue is when Minard Run was Page 42 1 asked about their flares, they said that the only 2 thing that they would have is I'm going to 3 mention one thing here, one problem that we might 4 have, and that's if this brine is buried on site, 5 the question is where is it going to go, and we 6 asked those questions and got no answers. Is it 7 going to go down in St. Peters Sandstone or is it 8 going to go above higher up in some other sandstone 9 formation? I have no idea of what the stratigraphic 10 column looks like in McLean County, but that brine 11 has to go somewhere, and I'm worried is it going to 12 be closer to the surface than makes me comfortable. 13 The issue here involves this right here. 14 This is an EPA report, Illinois EPA report from 15 1978, which the major concern is that we start 16 pumping brine into the sandstorm formations and 17 you've got old oil wells that cut through the 18 sandstone formations. If their plugs or casing or 19 whatever gives way, and this stuff is pretty caustic 20 formation water, if that gives away, there is a path 21 for that brine to move right up those oil well bores 22 into basically groundwater and local aquifers. So 23 there is this potential problem. The map submitted Page 43 1 yesterday showed, I think it was 24 plugged oil 2 wells, old oil wells, dry holes that were drilled in 3 the area. I think those were drilled at eight 4 hundred feet. So there might be some problem here, 5 I don't know, but it really bothers me. 6 This isn't a hypothetical. If you go to 7 Poplar, Montana, a town that's almost as large as 8 Downs, they will be losing their sole source aquifer 9 to brine pollution. It's coming from oil fields. 10 So this is a serious issue indeed and we face this 11 possible problem if anything possibly goes wrong. 12 If there is a saltwater injection well on site which 13 Minard Run has reserved in its permit application to 14 do, we've got a problem. 15 So I'd like to submit something else in 16 this regard, and that is the EPA data on the 17 injection well program in Illinois and the many 18 problems we've had with this. They only inspect 19 those wells once every five years. So they can leak 20 for four and a half, five years before there's any 21 correction. So the management of class two 22 injection wells in the state leaves a lot to be 23 desired. We have this issue here. Page 44 1 Let me go on to the issue of flaring here. 2 One of the problems we're going to have in the Downs 3 area is we all know what the prairie wind is like 4 when it's blowing full blast. A lot of you have 5 been out in the winds out in the prairie. When the 6 prairie is roaring, it's something else. That's 7 good for wind farms. It's very bad for gas flares 8 because the efficiency of a flare is a function of 9 its volume and basically the wind, and as the wind 10 increases, inefficiency, if you can see those when 11 you're going up there, flares are becoming more 12 inefficient as wind speed increases. So here's an 13 example here in how there are actually spots in 14 what's coming up. The flare or the efficiency 15 really drops to very low levels. The term that 16 Dr. Johnson refers to this is fuel stripping. And 17 so if you have high wind, you can get unburned 18 hydrocarbons coming off from flares which can cause 19 major health problems. I don't have time to show 20 this. I'm going to cut through that one. 21 Here are some of the emissions that can 22 come from oil and gas operations. Benzene is a 23 no-no, as is formaldehyde and these other things. Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (11) Pages 41 - 44 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 45 1 None of these are good for health. They can damage 2 lungs. They're particularly bad for young children 3 who don't have a blood brain barrier peripherally in 4 place. These can be taken up as neurotoxins. It 5 can do permanent, irreversible brain damage. So 6 we're talking about a very serious issue here, and 7 it concerns not only flares but the tank batteries, 8 the tanks that are storing oil because they can 9 off-gas volatile organic compounds, which again can 10 be very dangerous to people in the vicinity. 11 So if I just can show you, if you put an 12 infrared camera on tanks, look at the flare over 13 there. See that stuff coming off? That's unburned 14 hydrocarbons and these tanks are off-gassing 15 volatile organic compounds. These are condensate 16 tanks. They're the worse in the business, but oil 17 tanks aren't very good either. We'll get a list 18 here of something. I want you to see what the naked 19 eye sees because what the naked eye sees is not 20 what's happening. We'll see these tanks through 21 normal cameras and then we'll see them through an 22 infrared camera in just a second here. So that's a 23 tank. That's what you see with your eyes, but we Page 46 1 turn an infrared camera on that and that's what's 2 coming off of these tanks, (Indicating). So this is 3 a problem we're going to face in Downs. 4 If I can go on here, while you can't see 5 this stuff, if you're around tank batteries, you can 6 often smell things that don't smell very good. It 7 doesn't smell like clover. And so while I can't see 8 this, often a nose can pick up some of the problems 9 of these particular tank batteries. 10 I mentioned in my brief the whole issue of 11 scale with these flares and you can get really 12 extensive flaring. This is an example south of San 13 Antonio where you see the Eagle Ford Shale activity. 14 Those are flares and lights and drilling rigs. If 15 this really expands, you've got a real problem on 16 your hands. 17 Finally, I want to deal with an issue that 18 Minard Run says it will follow state law. In a 19 sense that worries me because I'm particularly 20 worried about the issue of forced pooling or 21 compulsory integration. This Silurian Reef is 22 probably bigger than two hundred seventy-five acres. 23 So let's say there's another two hundred seventy Page 47 1 acres that defines this so-called pool, a very poor 2 term, and Minard Run decides to go to the IDNR to 3 petition for an integration order. It will pay a 4 fifteen hundred dollar fine excuse me, fee. IDNR 5 will prepare a notice of hearing. The petitioner 6 serves notice to nonparticipants. People who own 7 both their surface and subsurface rights and don't 8 want to be a part of this, they will be forced into 9 the pool under state law, it goes back to 1939, and 10 then there will be a hearing and after that hearing 11 nonparticipants shall surrender leasehold interest 12 and they can even have to pay up to three hundred 13 percent of operation costs for basically 14 requiring 15 MS. RANDOLPH: You've got a little 16 bit less than a minute. 17 DR. RAU: So basically I'm really 18 concerned about this issue of people in the vicinity 19 of this two hundred seventy-five acres being forced 20 into an integration pool where in a sense their 21 Fifth Amendment property rights are by the wayside. 22 They have no choice in this matter. And so some of 23 the people living in the vicinity of this two Page 48 1 hundred seventy-five acres may face this particular 2 problem. 3 Finally, there's a whole issue of well 4 confidentiality. This I mentioned earlier and I was 5 questioned about this, about the secrecy of the oil 6 industry. They can file a lot of their data about 7 wells under Section 240.650. 8 MS. RANDOLPH: Dr. Rau, I'm sorry. 9 DR. RAU: I'll stop there then. 10 MS. RANDOLPH: Thank you. Any others 11 that wanted to give rebuttal testimony? 12 I'm sorry, I'm out of sync. I needed to 13 ask if we have any questions for you. 14 DR. RAU: Okay, I'm sorry. 15 MS. RANDOLPH: I've said it so many 16 times. I think I lost it. 17 DR. RAU: My apologies. 18 MS. RANDOLPH: Any questions from 19 members of the board? 20 MS. TURNER: Could you just clarify 21 how you came up with the twelve trips a day? 22 DR. RAU: It's based on you can 23 take production of, say, one hundred barrels a day Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (12) Pages 45 - 48 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 49 1 to one hundred fifty barrels a day, which is sort of 2 the range for production in this area, and figure 3 that out over the course of the year. Now, there 4 will be a decline. It will probably drop down 5 twenty percent in the first year, but you can work 6 that out and figure what your production will be and 7 how many truck trips that will take. Then you can 8 also figure out how much brine you're going to 9 produce. 10 MS. TURNER: So do you know how many 11 barrels a truck holds? 12 DR. RAU: I think it's one hundred 13 seventy barrels that Mr. Herr mentioned. 14 MS. TURNER: Okay. That's what I 15 wanted to know there. 16 DR. RAU: I think it's one hundred 17 seventy barrels. 18 MS. TURNER: And then have you been 19 to Poplar where you were talking about the brine? 20 DR. RAU: No, I haven't. 21 MS. TURNER: That's fine. 22 DR. RAU: That's, by the way, a 23 United States Geological Survey, very solid Page 50 1 research. 2 MS. TURNER: Okay. And the wind 3 versus the flares, have you done any study yourself 4 on that? 5 DR. RAU: Those are studies done by 6 mechanical engineers. Now I'm an industrial 7 sociologist, and we have to look at that whole range 8 of things that come out of a production process. So 9 we're getting oil, brine, and emissions. 10 MS. TURNER: Thank you. That's it. 11 MS. RANDOLPH: Any questions from 12 staff? Does the applicant have any questions for 13 this witness? 14 MR. WETZEL: Just a handful. You 15 talked about the amount of traffic that could be 16 involved here in terms of the production and trying 17 to speculate as to what that production might be. 18 Are you aware that one of the conditions that's 19 being imposed on the applicant if this is granted is 20 that we entered into road agreements with both the 21 County of McLean and Downs Township regarding the 22 use of the roads and the character of the roads and 23 all of that? Page 51 1 DR. RAU: I'm very much aware of 2 that, but that will be little comfort to the people 3 that live in the area. 4 MR. WETZEL: Are you seriously 5 contending there would be a traffic jam on these 6 roads? 7 DR. RAU: There won't be a traffic 8 jam on the road, but I have a hard time squaring an 9 area zoned for farming with big rigs coming and 10 going each day. 11 MR. WETZEL: Where do you live? 12 DR. RAU: I live in town. 13 MR. WETZEL: Have you ever farmed? 14 DR. RAU: No, but I've done a lot of 15 hard work on soil. 16 MR. WETZEL: Have you been around a 17 farm and seen what happens? 18 DR. RAU: Yes, I've been around a 19 farm. My uncle was a dairy farmer. That's the 20 hardest work on the planet. 21 MR. WETZEL: Okay. Where was that? 22 DR. RAU: That was near Athens, 23 Wisconsin. I spent summers up there. Page 52 1 MR. WETZEL: Have you been have 2 you driven around the roads up near where this 3 particular project is proposed? 4 DR. RAU: Yes, I have. Some of them 5 are pretty narrow. 6 MR. WETZEL: Have you observed any 7 quantity of traffic at all? 8 DR. RAU: There's very little now, 9 but that will change. 10 MR. WETZEL: You talked about brine. 11 Are you talking about some brine being injected into 12 the ground? 13 DR. RAU: No, I'm talking about when 14 oil comes up, it comes with mixed in there is 15 methane in the oil and there's also what's called 16 formation water. This oil was laid down in ancient 17 sea so you've got this condensed saltwater that's 18 down there and when the oil is sent through a three 19 phase separator, gas comes off and sent to a flare, 20 the oil goes to tanks and the brine goes to the 21 brine tanks. 22 MR. WETZEL: Yes, I understand that. 23 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (13) Pages 49 - 52 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 53 1 DR. RAU: Okay. 2 MR. WETZEL: Are you familiar with 3 condition number two in the proposed special use 4 where there would be no deep saline saltwater 5 injection wells located in McLean County? 6 DR. RAU: Yes, and that means 7 nothing. 8 MR. WETZEL: I'm sorry? 9 DR. RAU: That means absolutely 10 nothing. 11 MR. WETZEL: Doesn't it mean there 12 wouldn't be injection wells in McLean County? 13 DR. RAU: You have to define what you 14 mean by deep injection. Otherwise that term means 15 nothing. Most ejections that I know of in the state 16 of Illinois are shallow, which is why I think 17 correctly people from the Illinois State Geological 18 Survey say that there won't be a problem with 19 earthquakes because of shallow injection rather than 20 deep injection. 21 MR. WETZEL: You preference your 22 comment with "I think." Is that based on some 23 research, some knowledge you have? Where is your Page 54 1 source? 2 DR. RAU: Which statement, sir? 3 MR. WETZEL: The one that just 4 preceded when you said I think. 5 DR. RAU: Well, again this is based 6 on research by Dr. Hamburger and other 7 seismologists. There is a consensus in the research 8 community that injection of wastewater causes 9 earthquakes. So that's pretty much a consensus 10 position by the scholars and researchers that deal 11 with this issue. That's why the number of 12 earthquakes, if you look at the number of 13 earthquakes that have increased, I'm talking about 14 what's called induced seismicity, which are manmade 15 earthquakes, those have been increasing very, very 16 rapidly with the spread of fracking and the 17 production of very large quantities of wastewater 18 that has to be disposed and it's being disposed 19 underground. It's lubricating fractures in the 20 earth and they slip. That's what's causing the 21 earthquakes. 22 MR. WETZEL: And you understand 23 though that there would be no saltwater injection Page 55 1 wells? And I ask you that again because what you 2 just said, you were talking about saltwater 3 injection in this study to which you referred. 4 DR. RAU: In the permit application 5 on the last page there is a statement that Minard 6 Run might have to dispose of waste on site. I would 7 have to look at it. I don't have it in front of me. 8 If someone has a copy, I will be glad to read that 9 statement to you. 10 MR. WETZEL: Well, regardless of what 11 the statement is, isn't it a fact that there is 12 going to be a prohibition against saltwater 13 injection wells in McLean County? 14 DR. RAU: There is a prohibition 15 against deep injection, and that term is not 16 defined. Therefore, it is meaningless. 17 MR. WETZEL: Do you understand as 18 well that there is a prohibition against fracking as 19 defined in Public Act 098-0022? 20 DR. RAU: Again that's meaningless, 21 too, because medium volume fracking is allowed under 22 Part 240 of the law. So if you use less than three 23 hundred thousand gallons of base fluid, you can Page 56 1 frack. In fact it's being done in the state right 2 now. I have a case involving Strata X which has 3 horizontally fracked three wells. They had 4 Halliburton in in May to frack their Burkett 5-34 5 well in Clay County. What we don't know is how much 6 medium volume fracking is going on because we 7 suspect a lot of it is falling under well 8 confidentiality, and the General Assembly won't know 9 either for the same reason for two years. 10 MR. WETZEL: The study you referred 11 to, do you have personal knowledge of any of the 12 events that it describes? 13 DR. RAU: Since when do I need 14 personal knowledge when a company is releasing a 15 press release? 16 MS. RANDOLPH: Just answer the 17 question. 18 MR. WETZEL: Do you have personal 19 knowledge? 20 DR. RAU: Have I been there, no. 21 MR. WETZEL: Do you know well, 22 strike that. 23 You talked about an infrared camera. Do Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (14) Pages 53 - 56 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 57 1 you have any knowledge of what an infrared camera 2 is? 3 DR. RAU: Yes, and I've actually had 4 an infrared camera used in my house to detect leaks. 5 MR. WETZEL: Have you used an 6 infrared camera to detect any issues relating to an 7 oil drilling operation? 8 DR. RAU: No, but I'm going to 9 convert my camera to do so. It's three hundred 10 dollars. 11 MR. WETZEL: You talked about an 12 order, integration order. I'm not familiar with the 13 term. What do you know about that of your own 14 knowledge? 15 DR. RAU: What I know is I have a 16 friend in southern Illinois who's faced with exactly 17 that problem. So Annette McMichael is faced with an 18 oil company coming onto her property, filling a well 19 on her property, and about the only thing that she 20 can do is negotiate where the access road will go, 21 and it will be on her property. She owns the 22 submineral rights. She has no say in the matter. 23 She is in a compulsory integration pool. Page 58 1 MR. WETZEL: Do you know if that 2 county in which she's located has adopted county 3 regulation of wells? 4 DR. RAU: I doubt that it has. It 5 would seem to me that on this issue the law that is 6 important is the state law. The compulsory 7 integration is a state law. It's Section 22.2 in 8 the Illinois Oil and Gas Act. 9 MR. WETZEL: Are you aware that under 10 the McLean County Zoning Code and particularly the 11 listing of uses that drilling in McLean County in an 12 ag district can only take place pursuant to a 13 special use permit? 14 DR. RAU: Yes, that is true. 15 MR. WETZEL: Is it your belief that 16 that particular section wouldn't apply? 17 DR. RAU: What I'm worried about is 18 state preemption. It's happened in a lot of other 19 states. Could happen here. 20 MR. WETZEL: Well, we would all 21 concede that a lot of things could happen here. Is 22 there some reason, is there some likelihood it would 23 happen? Page 59 1 DR. RAU: I think so. The state 2 itself was forced into an integration pool at one of 3 its state parks where a company drilled underneath 4 the park. It's a park near Marion. I can't think 5 of the exact name of that, Stephen A. Forbes Park, 6 where the oil company bought the mineral rights and 7 basically forced the state into a compulsory 8 integration pool. 9 MR. WETZEL: Again do you know if 10 that was a county that had zoning and a special use 11 process? 12 DR. RAU: Probably not. In fact I 13 don't think so. 14 MR. WETZEL: I don't think I have any 15 more questions. 16 MS. RANDOLPH: Any interested parties 17 have questions for this witness? Thank you. I 18 apologize, Mr. Carlson. 19 MR. CARLSON: That's quite all right. 20 My name is Don Carlson, C-A-R-L-S-O-N, 510 East 21 Washington Street, Bloomington Illinois, 61701. 22 Madam Chair, members of the board, during 23 my cross-examination earlier about the EPA finding a Page 60 1 violation on some conduct of Minard Run Company 2 discharging radioactivity and other pollutants in 3 the Lewis Run Creek in I believe we 4 ended the conversation with Mr. MacFarlane stating 5 that they closed that facility not due to the EPA 6 violation report which offered up fifty thousand 7 dollar a day fines and criminal imprisonment, but it 8 was a corporate economic decision that they simply 9 decided to make. 10 I have a letter that's signed by 11 Mr. MacFarlane dated April 16th, 2012, and it's 12 addressed to the Department of 13 Environmental Protection but copied on the USEPA 14 region that says that the company has temporarily 15 suspended operations on the facility which is the 16 offending facility that's called Dent. Dent is a 17 watershed area up in PA. And then he also goes on 18 to say that we will continue to submit our DMR's 19 electronically showing no discharge. A DMR is a 20 discharge monitoring report. Those are the reports 21 that we also submitted into evidence that showed 22 that they were discharging radium which is 23 radioactive at thirty times the safe level. So the Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (15) Pages 57 - 60 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 61 1 point being there was no mention about corporate 2 economic decision making in this letter to EPA or 3 the Department of Environmental 4 Protection. They said they're closing it because 5 they stopped discharging into the creek. I think 6 the letter speaks for itself. 7 Could we go to the slide presentation, 8 please? The second and last issue that I want to 9 just briefly present some rebuttal on is a lot of 10 the talk that we've heard even tonight about the 11 Wapella field, and I heard Mr. Herr say that it 12 looked better than average and it was very similar 13 to the O'Rourke field that they want to do, but it 14 was a little rough. Well, this is a map from the 15 Illinois State Geological Survey that shows where 16 that is. Roughly it's on the intersection of North 17 2000 East Road and East 100 Road North, although 18 there's also proper names to these roads down there. 19 I think many of you have probably been down there; 20 if we could go to the next slide. 21 This is what a little rough actually looks 22 like. I went down there today and with a telephoto 23 lens, I took this picture from the road itself. Page 62 1 Next slide, please. 2 This is alongside of the same facility 3 that you just saw, and I would point out the hose 4 that leaves the building that seems to discharge 5 into a drainage area, whatever is in those tanks 6 being unsecured and sitting in water. Off to the 7 left there's a door. That's the next slide. 8 Something is running inside this facility, 9 some kind of a pump, and I don't know what it is and 10 I didn't go in to find out, but you see how the door 11 is secured there with a rock. Next slide, please. 12 If you go down to the intersection of 13 where this storage area is and take an immediate 14 left, you find this storage facility. Now, I was 15 only able to take this picture, or I should say to 16 stand on the road and take this picture for as long 17 as it took to actually just use the shutter. The 18 smell, if any of you have ever been there, it's very 19 pungent, very strong, and I couldn't stand out on 20 the road any longer than it took to take the picture 21 before I had to get back in the car and get out of 22 there. Something is leaking out of this facility. 23 Next slide, please. Page 63 1 This is on the back. And I didn't touch 2 it, but it's oil. You'll notice the hose that 3 leaves from the one tank that's propped up with a 4 rock. That's where it's coming from. So I 5 understand that the Wapella East Oil Field is not 6 Minard Run, but they offered it as very similar to 7 O'Rourke. A little rough, right? But that's why 8 they have roughnecks. You'll have to think about 9 this yourself. I know I would not want to live 10 anywhere near this facility, not merely because of 11 what I see with my own eyes but because of the 12 smell, which was very bad. That's my testimony. 13 MS. RANDOLPH: Thank you. Questions 14 from members of the board? 15 Staff have any questions for Mr. Carlson? 16 The applicant have any questions for 17 Mr. Carlson? 18 MR. WETZEL: Do you have in front of 19 you the letter that you referred to I think dated 20 4/16/12 that you recited was signed by 21 Mr. MacFarlane? 22 MR. CARLSON: Good evening. I don't. 23 It's circulated around. Excuse me for a second. Page 64 1 MR. KURITZ: I need to browse it 2 first. 3 MS. RANDOLPH: We'll give Mr. Kuritz 4 a moment to read it and then we'll pass it to 5 Mr. Carlson. 6 MR. WETZEL: Do you have that exhibit 7 in front of you? 8 MR. CARLSON: Yes, sir. 9 MR. WETZEL: Now, this is a letter 10 signed by James MacFarlane and it's addressed to 11 Mr. Balog or B-A-L-O-G, however it's pronounced? 12 MR. CARLSON: That's correct. 13 MR. WETZEL: The first sentence in 14 that letter indicates that Minard has temporarily 15 suspended operations on the above facility as of 16 March 30, 2012, correct? 17 MR. CARLSON: Correct. 18 MR. WETZEL: Second sentence, we are 19 in drilling and completion phase of shale oil and 20 gas well development in the area. We will be 21 recycling the water and we will be using brine tanks 22 for storage, correct? 23 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (16) Pages 61 - 64 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 65 1 MR. CARLSON: Correct. 2 MR. WETZEL: Third sentence, any 3 produced water will be taken to Waste Treatment 4 Corporation in Warren, PA, correct? 5 MR. CARLSON: Yes. 6 MR. WETZEL: Paragraph, we will 7 continue to submit our DMR's electronically showing 8 no discharge, correct? 9 MR. CARLSON: Correct. 10 MR. WETZEL: Last paragraph, we will 11 notify you when we are going to continue operations 12 of the subject facility. If you have any questions 13 regarding this matter, please contact our office, 14 and then it has a phone number, is that correct? 15 MR. CARLSON: That's correct. 16 MR. WETZEL: Now, you heard the 17 testimony given by Mr. MacFarlane in which he 18 referred to a letter that Minard Run Oil Company had 19 received from the U.S. Environmental Protection 20 Agency which indicated that the matter that was the 21 original subject had been closed. There was no 22 penalty imposed, no fine imposed, no imprisonment 23 imposed. Is there anything in this letter that's Page 66 1 inconsistent with his testimony? 2 MR. CARLSON: No. 3 MR. WETZEL: So the testimony that he 4 presented stands really unchallenged? 5 MR. CARLSON: If by that you mean the 6 facility is closed and the EPA violation order has 7 been withdrawn, that's correct. 8 MR. WETZEL: And that is what his 9 testimony was. Is that your recollection, that was 10 his testimony? 11 MR. CARLSON: That's correct. We 12 have a difference of opinion of how we got there. 13 MR. WETZEL: The pictures that you 14 took at Wapella, I'll frankly say I haven't been to 15 that site so I can't speak to it myself, but the 16 first picture seemed to be of some tanks that were 17 probably greatly in need of some paint. Would that 18 be accurate? Is the integrity of the tanks in 19 question on that first photo? 20 MR. CARLSON: I'm certainly no expert 21 on tank integrity. 22 MR. DICK: Mr. Wetzel, could you talk 23 into the microphone, please? Page 67 1 MR. WETZEL: Yeah, I'm sorry. So you 2 don't have any knowledge about the integrity of the 3 tanks. You did observe that and took a picture of 4 what apparently is some rusted tanks, true? 5 MR. CARLSON: I took those pictures, 6 that's correct. 7 MR. WETZEL: And is that rust on the 8 outside of those? 9 MR. CARLSON: Would you like to go 10 back through the pictures? 11 MR. WETZEL: No, the picture that's 12 up there, is that rust on those tanks? 13 MR. CARLSON: I'm really not aware. 14 My guess would be it's rust. 15 MR. WETZEL: You were here last time 16 we were present when Dr. Pliura testified; is that 17 accurate? 18 MR. CARLSON: Yes. 19 MR. WETZEL: You heard his account of 20 the history and the current status of that Wapella 21 field, is that correct? 22 MR. CARLSON: Yes. 23 MR. WETZEL: And you understand that Page 68 1 that particular facility there is being operated by 2 someone other than Minard Run Oil Company? 3 MR. CARLSON: Yes. 4 MR. WETZEL: And the reference 5 particularly to that field was more in the 6 context I don't know whether you agree with this 7 or not. Was it more in the context of assurances 8 about the possible implications of this well or the 9 Wapella well or the subject well and its 10 implications for the Mohamet Aquifer? 11 MR. CARLSON: The doctor's testimony 12 was, I believe, about ninety minutes long and I 13 think it covered many, many points including his 14 political party affiliation, conservation, lots of 15 things. I don't think that his testimony was 16 exclusive to just one point versus another. 17 MR. WETZEL: But it is true, is it 18 not, that the operator of the Wapella field is not 19 Minard Run Oil Company? 20 MR. CARLSON: That's correct. 21 MR. WETZEL: I have no more 22 questions. 23 MS. RANDOLPH: Do any interested Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (17) Pages 65 - 68 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 69 1 parties or objectors have questions for this 2 witness? Thank you, Mr. Carlson. 3 MR. CARLSON: Thank you. 4 MS. RANDOLPH: Anyone else? 5 MR. WOJTANOWSKI: Ron Wojtanowski, 6 Danvers. Do I need to spell that? 7 THE REPORTER: I already have it, no. 8 MR. WOJTANOWSKI: First time. I'd 9 like to make a comment about the Wapella field also. 10 I, too, drove down there. I didn't go with Don. I 11 went by myself. And while Dr. Pliura's testimony 12 was colorful, it wasn't totally factual. He was 13 even quoted in the Pantagraph, which even made it 14 sound more factual. As Don said, Dr. Pliura said 15 there was no smell there, but if you drive up to the 16 site and you drive up to the storage tanks, there is 17 a strong smell that comes off of those tanks. Now, 18 I'm no expert so I don't know if the smell means 19 that there's leaking of gas or oil or what, but as 20 Don showed in the slides, there is oil on the 21 ground. 22 Dr. Pliura also said that the nearest 23 drilling was eight hundred feet away, and I believe Page 70 1 he was referring to this fantastic old farmhouse 2 that has long since been abandoned. And I lived 3 20 years ago I lived two miles from the site, and I 4 know that house has been abandoned for over 20 5 years. When Dr. Pliura was asked how the people 6 were doing in that house, he said he thought they 7 were doing fine and that their well was okay. I 8 don't know how he knows that. I don't know how he 9 knows the well is okay or even if the well currently 10 exists. I drove to the nearest inhabited dwelling 11 and that was 9/10ths of a mile away from the drill 12 site. There is a shack on the site which apparently 13 is like a field office. It's not really an office. 14 Like I said, it's a shack and it has a mailbox that 15 has the oil company's name on it, but it's clearly 16 uninhabited. 17 And also Dr. Pliura talked about flooding 18 the site and making a habitat out of it. He 19 stressed that he was a conservationist and whatnot, 20 but I don't see how that would ever be possible 21 since the site has numerous power poles and 22 electrical lines that are required to run the pump 23 jacks and the pump jacks have no berm around them. Page 71 1 Anyway, those were my observations when I 2 went down there, and I do know from personal 3 knowledge that the house has long since been 4 abandoned. For what it's worth, that's the state of 5 the Wapella Oil Field. The reason I'm saying it is 6 that as Dr. Rau said, you know, Dr. Pliura was 7 supposed to testify about the Mohamet Aquifer, but 8 he clearly in his testimony also said how rosy a 9 situation it is down there at the Wapella Oil Field 10 and how the oil field was in no way of any danger to 11 any of the neighbors or anything like that. So I 12 just thought a little observation would help clarify 13 that. Thank you. 14 MS. RANDOLPH: Questions from members 15 of the board? 16 MS. TURNER: When you lived two miles 17 from there, did you know that the oil field was 18 there? 19 MR. WOJTANOWSKI: Oh, yes, we drove 20 by the oil field all the time, yeah. 21 MS. TURNER: Okay. And you lived two 22 miles from there. Are you aware of any danger? I 23 know it's ugly, no doubt about that, but are you Page 72 1 aware of any actual danger that it's caused to 2 anybody or that anyone suffered? 3 MR. WOJTANOWSKI: Well, no, I'm not 4 aware of any. I don't have any factual evidence 5 that it's caused anybody any danger. Also though, I 6 have no knowledge of why this fantastic old 7 farmhouse was abandoned and never restored and why 8 people never chose to live there again. 9 MR. KURITZ: When you lived the two 10 miles away, do you recall smelling the odor? 11 MR. WOJTANOWSKI: No, we didn't smell 12 it from two miles away, no. 13 MS. RANDOLPH: Any questions from 14 staff? Does the applicant have questions? 15 MR. WETZEL: No. 16 MS. RANDOLPH: Do any interested 17 parties or objectors have questions for this 18 witness? Thank you. 19 MR. WOJTANOWSKI: Thank you. 20 MS. RANDOLPH: Are there any others 21 that would like to give rebuttal testimony? 22 MR. SCHROEER: I'm Juergen Schroeer, 23 J-U-E-R-G-E-N, S-C-H-R-O-E-E-R, at 605 Normal Avenue Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (18) Pages 69 - 72 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 73 1 in Normal. I don't know if my question is 2 appropriate and if not, then strike it from the 3 record. My question or my comment is now that I've 4 seen the pictures of the Wapella field, I'm 5 concerned about the supervision by the state of 6 Illinois. I got the impression over the last few 7 testimonies that the state is supposed to make sure 8 that regulations are followed, and I can't imagine 9 that they are with oil leaking on the ground. So my 10 question is what does the state of Illinois do about 11 this? 12 MS. RANDOLPH: Questions from members 13 of the board? Questions from staff? Applicant have 14 any questions? 15 MR. WETZEL: You testified about oil 16 on the ground and I would concede if you look at the 17 picture, it would appear there is oil covering on 18 the ground. Do you have any knowledge that there is 19 oil leaking onto the ground or accumulating on the 20 ground, or is this the first time you've seen this 21 in this picture? What do you know about this? 22 MR. SCHROEER: This is the first time 23 I seen it. Page 74 1 MR. WETZEL: I have no more 2 questions. 3 MS. RANDOLPH: Do any interested 4 parties or objectors have questions for this 5 witness? 6 Thank you. Anyone else that would like to 7 give rebuttal testimony? 8 We can move to number seven, which is the 9 closing statement by the applicant. 10 MR. WETZEL: Madam Chair 11 MS. RANDOLPH: Your microphone. 12 MR. WETZEL: I'll get the gist of 13 this at just about the time we finish. Madam Chair, 14 members of the Zoning Board of Appeals, on behalf of 15 myself and my client, I want to thank all of you for 16 volunteering your time to serve on this board. You 17 do provide a great service to this county and to all 18 of its residents, and everybody in McLean County 19 benefits from the input and the presence that you 20 have here. I also need to thank staff which is 21 helped to guide me through the things that need to 22 be done and attended to and the timing and the 23 coordination and the getting of the court reporter Page 75 1 here and doing all those things. Staff does a great 2 job and I assume you all appreciate it, and I 3 certainly can tell you that as a, if consumer is the 4 right word, as a consumer of this product, I endorse 5 what we do. 6 MS. RANDOLPH: This board frequently 7 hears compliment to our staff. 8 MR. WETZEL: Good. The purpose of a 9 closing statement is basically to present my 10 analysis of the testimony and to explain why we 11 believe you should recommend to the county board the 12 issuance of the special use permit. I use the words 13 appropriate testimony advisedly and to suggest to 14 you the fact that much of what has been presented by 15 the objectors reflects the personal opinions and 16 positions of the objectors. I respect those 17 personal opinions and the enthusiasm with which they 18 are presented, but they do not serve as a substitute 19 for expert testimony based on knowledge of the facts 20 and knowledge of the project relating to the merits 21 of this application. 22 Minard Run Oil Company has its home base 23 in Bradford, It operates Page 76 1 approximately a thousand wells primarily in the 2 New York area. It is a non-publicly 3 held corporate entity operated by the third 4 generation following that creation of that company 5 by its founder. Jim MacFarlane, who's the vice 6 president of operations for the company, summarized 7 how it operates and the good reputation it enjoys 8 within the industry. 9 It has sought to find commercial 10 quantities of available oil in Macon and Hamilton 11 Counties in Illinois in recent years and has come to 12 McLean County based on information from geologists 13 indicating the potential for commercial quantities 14 of oil in the property here under consideration. It 15 has negotiated the terms of the lease authorizing it 16 to test drill and to install the needed equipment 17 and apparatus to successfully extract oil and 18 deliver it to market. 19 An attempt was made to identify some 20 misstep by Minard Run, an exhibit tendered by the 21 objectors that seemed to indicate some lack of due 22 care on the part of Minard Run at one of its well 23 sites in It's explained by Jim Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (19) Pages 73 - 76 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 77 1 MacFarlane this matter was successfully resolved by 2 the company furnishing information to the USEPA. 3 The letter confirming disposition of that matter 4 without any fines or penalties was presented and 5 explained. 6 This is a good solid company with a good 7 reputation that can be trusted to do what it's 8 authorized and what limitations are imposed in this 9 special use permit that we seek. Included in the 10 lease and testified about in the hearing that we 11 presented is language about well testing for 12 residential wells that are in the area. There is a 13 provision in that lease that wells will be tested 14 prior to the commencement of activity for any 15 residential well, if you will, within a thousand 16 feet. There is some ambiguity in the language 17 imposed, but I can tell you and we could stipulate 18 to that on this record that it is the intent of that 19 language that the testing will be undertaken prior 20 to the commencement of the project, any drilling, 21 and that will be establishing the baseline and that 22 Minard Oil will stand fully responsible to replace 23 or correct any deficiencies that may exist in that Page 78 1 well in subsequent days or weeks or months or years 2 if the cause of the problem is that of Minard Oil. 3 If the well runs dry and it has nothing to do with 4 Minard Oil, obviously it withstands no 5 responsibility. If for some reason we have done 6 something in the operation of that, we will be 7 responsible for correcting the problem. Either a 8 new well or whatever needs to be dealt with, that is 9 something we will do. 10 Bob Herr is a paid consultant who's worked 11 virtually his entire life in the oil industry 12 primarily in southern Illinois. He's the owner and 13 operator of some wells and has provided his advice 14 and recommendations to others. His testimony in 15 this matter has been largely unchallenged. His 16 description of the process, the liquids used, the 17 location of the Mohamet Aquifer and all other 18 important factors involved in this project were 19 fully explained. Because Bob Herr is a paid 20 consultant, one might argue that his testimony is in 21 some sense to be questioned because of that fact. 22 If the objectors had access to a consultant who had 23 contrary opinions to those of Mr. Herr, I assume Page 79 1 that consultant would have been here and would have 2 presented testimony. 3 In addition though to the testimony of Bob 4 Herr, we had the testimony presented by Dr. Nelson. 5 I'm not sure exactly, but Dr. Nelson was retained in 6 some capacity, I believe in a noncompensated 7 capacity, to I think aid the process here primarily 8 I assume by speaking with staff if they had any 9 questions to ask and positions to take and, of 10 course, to then have that passed along to you folks 11 so that you would have a good understanding of what 12 this is about. He brings no bias to this case that 13 I am aware of. He was cross-examined about his 14 conclusions, but there was nothing about his 15 opinions that would make me believe he was telling 16 us anything other than what he believed to be true. 17 If you look at his academic credentials and the 18 teaching experiences that he's had, you would have 19 to concede it seems to me the bona fides of the 20 expressed opinions that he had. He brings much to 21 the table in terms of his history and his 22 background. He deserves to be paid close attention 23 to. Page 80 1 He said the Mohamet Aquifer is located 2 approximately five miles away from the site which is 3 the subject of this matter. We know from the 4 testimony presented that the methodology to be used 5 by my client in connection with this project is 6 standard within the industry and is proven to have 7 been effective to protect not only the rights of 8 adjacent landowners but as well the general rights 9 of the public to know that projects such as this are 10 properly handled. 11 Because of the distance between this 12 project and the Mohamet Aquifer, Bob Herr, Marshall 13 Daniel, and Dr. Nelson all expressed the opinion 14 that the proposed operation would not impact the 15 Mohamet Aquifer. It is shown on the two exhibits 16 that were presented, one by us prepared at the 17 direction of Bob Herr and the other by your expert, 18 it was shown that there have been as many as six 19 hundred wells drilled into and in some cases through 20 the Mohamet Aquifer by drilling activities taking 21 place immediately above where the aquifer is 22 located, not six miles above but immediately 23 adjacent above. Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (20) Pages 77 - 80 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 81 1 The Mohamet Aquifer is widely used for 2 cities to provide water services to the communities 3 in which their residents live. As we all know, when 4 water is pulled from the Mohamet Aquifer by a 5 municipal entity, it is taken to some kind of a 6 distribution facility. I live in the city of 7 Bloomington. We get our water out of Evergreen Lake 8 or we get it out of Lake Bloomington, but that water 9 goes through a treatment facility. It is tested 10 mightily. It is supervised. It is looked over 11 forward and backward because the city knows that 12 this water is being distributed throughout its 13 community, will be consumed by young and old alike, 14 and it has very strict standards that are imposed 15 upon it. If there was any problem with the Mohamet 16 Aquifer that was a consequence of any of the 17 drilling that has taken place, it would have clearly 18 been known and duly reported and duly dealt with by 19 now. 20 This community, and I'm going to make this 21 a broad community, rose up when certain things were 22 going on down in Clinton in terms of the landfill 23 down there and a group was formed, and I assume Page 82 1 these folks behind me were a big part of that group, 2 and it's to be applauded for its effort, but what 3 was being proposed down there had nothing to do with 4 what we're talking about here. The inclusion of 5 PCB's in that landfill down in Clinton was a brand 6 new practice that was never before in place. 7 We have a track record. We know from all 8 of the experience of all the times that these wells 9 do not have impact on the Mohamet Aquifer, not only 10 when they invade it or go through it, but certainly 11 not when they're six miles from it or five miles 12 from it. It simply would defy explanation and it 13 would be unrealistic to suggest that somehow neither 14 the EPA or the DNR or the other county health 15 regulators, state health regulators would allow that 16 to go on. It doesn't go on, it won't go on, and it 17 will not happen just because one well is located 18 five miles not one well, thirteen potential wells 19 are located five miles from the Mohamet Aquifer. 20 In terms of supervision and drilling, 21 there's been some question about how effective DNR 22 is and what it does. But I think it's clear 23 (Microphone Malfunction-Short break taken) Page 83 1 MR. WETZEL: Perhaps this is a 2 fitting closing because this has been a long time 3 coming. But in any event, we have a Department of 4 Natural Resources that functions as well as it can 5 under the circumstances. I cannot believe for an 6 instant that I can believe for an instant that 7 their staffing has been reduced. I cannot accept 8 the proposition that that department would fail to 9 properly, appropriately, and diligently inspect 10 matters that related to public safety. If there is 11 an issue about the way they put this in or the time 12 they put it in or what they do with it, reports are 13 made that go to DNR. This is not going to be 14 ignored. This will be dealt with if there's a 15 problem. I think all of the evidence would indicate 16 there will not be a problem, but I think as well we 17 have to respect the law and the state statutes that 18 create the Department of Natural Resources and we 19 have to believe that it will function as it should. 20 The final comment I want to make about the 21 testimony, if you will, and I'm going to go through 22 the standards and the staff recommendation. 23 Dr. Pliura's testimony, to some extent I guess you Page 84 1 can say that it has been questioned by some who 2 really are probably talking about the quality of 3 what they saw in what pictures they took. I don't 4 know what an oil site, oil well site should look 5 like. I know that if you went out to a farming 6 operation, you probably would find things that you 7 wouldn't want in your neighbor's yard, you certainly 8 wouldn't want in your yard, but I think part of that 9 is rural life. I don't think we have as many 10 well, for one thing you don't have that many 11 neighbors that are out there complaining about 12 conditions. This is a remote area, as is the 13 subject property. 14 Dr. Pliura obviously has strong feelings 15 about the Mohamet Aquifer. I don't doubt his 16 integrity and I don't doubt his statement that he 17 would do nothing that in his opinion would bother 18 that. He has been very active and protective of the 19 Mohamet Aquifer, and I don't believe you are allowed 20 to be done things that would implicate the quality 21 or the character of that. 22 Regarding the testimony of the objectors, 23 virtually all of the objectors were non-residents of Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (21) Pages 81 - 84 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 85 1 the area where the proposed well is to be located. 2 One of the things you asked is please identify where 3 you live so we can kind of measure the impact, if 4 you will, of the particular project. There were a 5 couple of residents, occupiers who came in and were 6 concerned about their wells, and everybody would 7 suggest that's appropriate. There was some 8 suggestion about property values but no one followed 9 up on that so far as I know, and I know there was no 10 testimony in my mind about property values. 11 The nearby well, when you talk about 12 property values, there are two, probably more but 13 there are two obvious positions that that might 14 reflect. There have not been very many neighbors 15 who showed up. There have been no neighbors who are 16 not residents, and it was a small number. Where are 17 the neighbors? Well, some of the neighbors are 18 probably home hoping that we get a special use 19 permit and that we find oil and that they have oil 20 much like Wapella had oil and a number of people 21 would benefit from that. This is certainly a 22 possibility. None of the neighbors showed up. An 23 adjacent farmer didn't come in and say I object to Page 86 1 this. I think it will have implications. It's 2 simply a situation where the neighbors, other than 3 the well issue and the idea that perhaps there would 4 be a value perhaps lost, perhaps gained if oil was 5 found, there was no expert testimony. Nobody said 6 that. 7 We as citizens of McLean County are lucky 8 to have a zoning comprehensive ordinance such as we 9 have. If this was an M-2 district, this would be 10 permitted. There would be no supervision. It 11 probably is known to you that drilling of these 12 wells would be a permitted use. It is the fact that 13 it's an ag district that mandates that we go forward 14 with the special use and, of course, it gives you an 15 opportunity to pose restrictions as a condition of 16 these folks going forward with that. 17 Finally, we have considered the staff 18 recommendations that were made by your staff after 19 an analysis of the facts as they knew them, and I'm 20 sure all of you had a chance to see those. I would 21 like to just remind you of what the seven standards 22 are, and I'm not going to read back to you the 23 underlying bases upon which it was suggested that Page 87 1 the findings were present, but here we go with what 2 the seven are. 3 The first is that the proposed special use 4 will not be detrimental to or endanger the health, 5 safety, morals, comfort, or welfare of the public. 6 There were hints. There were suggestions. There 7 were references. The only testimony in this record 8 is that there's no safety issue here. The detail of 9 what's in that can be read by you. 10 The proposed special use will not be 11 injurious to the use and enjoyment of other property 12 in the immediate vicinity for purposes already 13 permitted or substantially diminish property values 14 in the immediate area. As I just said, there has 15 not been much activity here by people who are 16 interested in the outcome of this. The water well 17 issue can be dealt with and will be dealt with by us 18 in what we think is a satisfactory manner, and if we 19 cause damage to one of these wells within a thousand 20 feet, we'll either dig a new well if it's needed or 21 we'll fix whatever it is we caused. 22 Three, the proposed special use will not 23 impede the orderly development of the surrounding Page 88 1 property for use as permitted in the district. 2 Those of you who have been there or even looked at a 3 zoning map would recognize that the almost exclusive 4 use in this area is agricultural. We're not 5 changing that zoning. We're not seeking to do 6 anything about it. There is a special use for 7 residence and I assume some perhaps grandfather uses 8 for older residences, but we're not changing the 9 character of what's permitted in an ag district at 10 all. 11 Utilities, access roads, drainage, and 12 other necessary facilities have been or will be 13 provided. This project, excuse me, is serviced 14 primarily by a county road and secondarily by a 15 township road owned and under the control of Downs 16 Township. We have in place and it has been approved 17 by the county board a road agreement between Minard 18 and the County of McLean subject, of course, to the 19 issuance of the special use permit. That road 20 agreement was basically prepared by the county and 21 submitted to us. It was negotiated to some extent. 22 We changed some things, but in a very short period 23 of time we stepped forward and executed an agreement Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (22) Pages 85 - 88 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 89 1 that we felt properly imposed on us reasonable 2 standards, both financial and otherwise. It was 3 prepared primarily by the county and acceptable to 4 us. We accept the responsibility for performance 5 and we will perform. That goes back to the 6 character of this company. 7 Adequate measures have been and will be 8 taken to provide ingress and egress so designed as 9 to minimize traffic congestion in the public 10 streets. It would be interesting to see a traffic 11 jam on this street. I don't know what would be 12 going on. It would have to be some farmers lining 13 up with tandems pulling grain out of a field and 14 bringing their tandems down there and somebody came 15 up with an oil tanker to pick up some oil. I'm sure 16 that can be worked out. There will not be 17 congestion in the public streets that service this 18 property. 19 Six is the establishment, maintenance, and 20 operation of the special use will be in conformance 21 with the intent of the district to which the special 22 use is proposed to be located. Our ordinance 23 specifically says that you may put this drilling in Page 90 1 an ag district under a special use permit, and that 2 is why we are here tonight and have been here these 3 other nights. It will not it will be taken care 4 of. 5 Finally, the proposed special use in all 6 other respects conforms to the applicable 7 regulations in the district in which it is located. 8 That standard is met for the reasons identified. 9 Now, in the concluding opinion portion of 10 the report that was submitted in the recommendation 11 to which I just referred, there are six conditions 12 that are imposed. One is the road agreement with 13 Downs Township and the county highway department. 14 We have the county highway department road agreement 15 in place. If we do not get an agreement with the 16 township road commissioner, then we will not be able 17 to implement the special use. It's conditioned upon 18 that. 19 Two, no deep saline/saltwater injection 20 wells are located in McLean County. You've heard 21 testimony about the risks of injection wells. 22 There's some dispute about it, but we are 23 understanding that there will be no injection wells Page 91 1 and that's part of the deal. 2 Three, the number of wells are limited to 3 thirteen. That's been shown and reflected. We 4 might have one. We might have anywhere from zero to 5 thirteen. We can't we could go that far. We do 6 have a five-year limitation on that. 7 Five, a permit for each well shall be 8 obtained from the Department of Building and Zoning. 9 Obviously if we're going to do the work out there 10 and pursuing this special use, we should have to 11 secure a building permit from the Department of 12 Building and Zoning. 13 Six, hydraulic fracturing as regulated by 14 Public Act 098-0022 is not allowed at this site. 15 That specific reference is to the much discussed 16 anti-fracking or fracking, whatever position you 17 have on it, it seems to be one that you either 18 support or dispute, but that is the statute that our 19 legislature passed that provides for certain 20 circumstances under which hydraulic fracturing can 21 be allowed. We will not meet the threshold, we do 22 not meet the threshold, and we will not be subject 23 to the restrictions in that public act. That is Page 92 1 what is number six, and we cannot do the hydraulic 2 fracturing under any circumstance if it is 3 prohibited by Public Act 098-0022. 4 With that, I am going to say thank you 5 again for your time and energy and service. I say 6 that on behalf of myself and my client and as well 7 the residents of McLean County. This has been a 8 fairly process. I think we have learned 9 I have certainly learned a lot about oil wells and 10 how they come to be and what the importance of the 11 Mohamet Aquifer is and how issues that are somewhat 12 collateral to the general issue have to be dealt 13 with. I believe and I hope we have convinced you 14 that this is appropriate. I certainly believe it 15 is. My client, who is in the oil business and has 16 its reputation to live up to, will do what it is 17 permitted to do under the special use permit and we 18 ask that you approve it. Thank you. 19 MS. RANDOLPH: Thank you. This will 20 be a good time to take a break. When we come back, 21 it will be time for closing statements by any 22 interested parties or objectors who have signed in 23 and given testimony. I see at least seven of you Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (23) Pages 89 - 92 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 93 1 out there. It's not required, but I'm just letting 2 everyone know about our time frame. It's clear to 3 me that the board will vote on this this evening 4 after that. We'll be back in ten minutes. 5 MR. WETZEL: Madam Chair, Mr. Herr 6 just asked me, he lives in Mt. Vernon. He's been 7 commuting. If there's even a remote possibility 8 someone would want to inquire of him, I will ask 9 that he stay. Otherwise, I will tell him he can 10 leave. 11 MS. RANDOLPH: Very hard for me to 12 predict. 13 MR. WETZEL: I know the proceedings 14 are concluded, but I well recognize somebody may 15 have a question. 16 MS. RANDOLPH: I doubt it. Our rules 17 do say that we can ask questions of anybody at any 18 time even if we're in discussion if there's 19 something that we're not clear about. 20 MR. HERR: Can I give you my phone 21 number? I'll be driving for the next three hours. 22 MS. RANDOLPH: I'm just not going to 23 say. I mean you're free to leave, surely. Page 94 1 2 (Whereupon a 10-minute break was taken.) 3 4 MS. RANDOLPH: I note not all the 5 folks who gave testimony are here, but I'll call the 6 names in order. Mary Bechtel? William Rau? And 7 everyone knows it's ten minutes. 8 MR. KNAPP: Dr. Rau, you just want a 9 two-minute warning or do you want a five minute? 10 DR. RAU: Two minute. Madam Chair, 11 members of the Zoning Board of Appeals, I really am 12 amazed at your stamina and patience. 13 MS. RANDOLPH: I'm sorry. I'm going 14 to have you give your name and address one more 15 time. 16 DR. RAU: William Rau, R-A-U. I 17 certainly am quite impressed by the board and their 18 diligence and patience going through this material. 19 I'd just like to put things in context. The 20 applicants really had over a year to work on their 21 application. Their first permit was filed in July 22 of 2013. We've been scrambling for several weeks to 23 try and catch up. They have experienced counsel. Page 95 1 We don't. We're learning these rules as we go, so 2 we've bumped along a lot because we simply don't 3 know the ground rules. Given the short time, we 4 didn't have a chance to line up expert witnesses, 5 but we have had some in the case of the aquifer that 6 are quite capable of dealing with these issues. So 7 I just wanted to put that in context. Citizens 8 really have a hard time putting together a team of 9 experts on such short notice. It just simply can't 10 be done. 11 On my closing statement I'd like to 12 basically draw out about four points. We're 13 concerned for the aquifer for good reasons. There 14 are too many unanswered questions about the actual 15 boundary of the aquifer and the ancient valley 16 tributary that was below the site that extends to 17 the aquifer itself. You've heard testimony, but the 18 real question is how much risk you're willing to 19 assume regarding this aquifer. In this case before 20 you there are no reasons to take any risk at all. 21 Minard Run was found in violation of a federal EPA 22 contamination of a local stream. The contamination 23 contained radium at ten to thirty times minimum Page 96 1 contaminant levels for the drinking water for the 2 EPA. The company say under oath that they have no 3 knowledge of what safe or unsafe levels of radium 4 are, although I think many people in this room know 5 at least from the radon that these levels are pretty 6 low for good reasons because exposure can cause 7 genetic damage. So we have that issue. 8 We have the problem of disposal of oil 9 production waste and saltwater somewhere. We still 10 don't know how that issue is going to be handled, 11 although it's the single most important issue that 12 faces an oil operation is how to manage waste. In 13 fact, the thing that closes down oil wells is when 14 the costs of managing waste exceed the benefits from 15 producing oil. So this is a major issue in these 16 kinds of concerns. We know that there's going to be 17 some land spreading. Some of this waste will be 18 tilled in some of the richest farm soil in the 19 world, and that concerns me very, very deeply, 20 having had to rebuild garden soil in my backyard 21 because of topsoil of a strip mine by the developer. 22 So I know what it's like to try and restore soil 23 that's gone. It's really hard work. Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (24) Pages 93 - 96 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 97 1 The final thing here is what's in this for 2 McLean County? Where is our benefit? It seems to 3 be we've got all risk and no reward. There is no 4 production tax gathered by the state. There's a one 5 tenth of one percent amount of money that is 6 collected for the Illinois Oil Production Marketing 7 Board, but companies can request a refund of that. 8 So there's no money going into the state coffers on 9 oil under conventional oil production. 10 So in conclusion, the sole basis of the 11 company application rests on the fact that they 12 received a permit from the state to do so, but the 13 state won't do a lot of testing that is really 14 required to keep things safe and the fact that this 15 isn't under the Illinois hydraulic fracturing 16 regulatory act is a real problem because there are 17 at least some safeguards in that law. So the fact 18 that this company can do medium volume fracking 19 under Part 240 of the law, it's right in there, they 20 can do it, but with none of the protections that 21 exist for fracking under the hydraulic fracturing 22 regulatory act should be a major concern to the 23 board. Page 98 1 We've heard a lot of challenges from the 2 company about who is an expert and what right do we 3 have to challenge this permit, but we are experts in 4 our own lives and experts in what we want from our 5 health, safety, environment, and we know fully well, 6 because of the 180 people that showed up here, that 7 major oil production development in this county will 8 affect the urban areas, just as it has in San 9 Antonio, Ft. Worth, areas of and other 10 areas as well. These developments affect urban 11 areas. 12 So tonight I'd like to conclude and say 13 that in the final analysis tonight you folks are the 14 experts on McLean County zoning ordinances. You 15 know Article 8 well, and so this responsibility 16 cannot be turned over to a clerk in the Division of 17 Oil and Gas in the Illinois Department of Natural 18 Resources. You're the experts here. What we want 19 is not for someone else to make the decision but the 20 people that represent the citizens of McLean County, 21 so we ask you to listen to your heart and do what's 22 right. Thank you very much. 23 MS. RANDOLPH: Thank you. Ron Page 99 1 Wojtanowski? 2 MR. WOJTANOWSKI: Ron Wojtanowski, 3 Danvers. We gave our testimonies. The lawyer for 4 the oil company tried to discredit us by 5 establishing we are not experts in oil. We are not 6 experts in geology or hydrology. Well, that's true. 7 I am not an expert in oil drilling. I'm also not a 8 doctor and I couldn't tell you exactly how my heart 9 works or how my kidneys work, but I do have an idea 10 what it takes to stay healthy. I know that I should 11 eat healthy, I know that I should exercise, and I 12 know that I should live in a healthy environment. 13 It's clear from all that we know from the 14 changes that our planet is going through that oil 15 drilling and our over dependence on fossil fuels is 16 a threat to our healthy environment. We've heard a 17 lot of concerned questions about our water supply. 18 We've been told by the oil men that this drilling is 19 not a threat to our clean water and that an accident 20 that could contaminate our water couldn't possibly 21 happen. Even if it did happen, the contaminants 22 would take a long time to move through the soil and 23 pollute our water. Well, time is relative. I Page 100 1 assume that people will be living around here for a 2 long, long time. I also assume that future 3 generations, too, will depend on clean water to live 4 a healthy life. Time is also relative for the 5 families that will be surrounded by the proposed oil 6 field. 7 The negative effects on these families 8 will be immediate. The pollutants being released 9 into the air, the chemicals being mixed into the 10 soil, the truck traffic, the noise, the flaring and 11 the not knowing if the water coming from their wells 12 is healthy for them or their children all amounts to 13 a tremendous amount of stress. 14 I believe that you could hear it in the 15 testimonies of Dr. West and Mr. Gher. They are 16 shouldering all the risk and having their quality of 17 life degraded. This is simply not fair. And 18 accidents do happen. In fact many, many accidents 19 have occurred. People that live near oil sites all 20 over the country have had their water wells 21 contaminated despite the promises from oil companies 22 that it couldn't possibly happen. 23 The historic response from the oil Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (25) Pages 97 - 100 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 101 1 companies has been one of disregard and denial. And 2 for what? I do not believe that the citizens of 3 McLean County will benefit much from this project. 4 There is also overwhelming abundance of scientific 5 evidence that shows that this project is not good 6 for our planet. And why here? Why is Minard Oil 7 drilling these dry wells in places that they already 8 know there isn't much oil? The O'Rourke property 9 has been drilled on twice with no results. It is 10 our moral obligation to be good stewards of our 11 world while we occupy it. This is our chance to 12 make the right choice. We only have to drive to the 13 edge of town and look towards the windmills to see 14 what our paths should take. Let's continue our 15 commitment to clean energy in our county. I 16 recommend to reject this permit. 17 By the way, there is not one person who 18 voluntarily came to this hearing and passionately 19 testified in favor of this project. Where are the 20 supporters? And also anyone that lives in the 21 county should be concerned about what happens in 22 other parts of the county. These rules apply to all 23 of us, not just the people living within a mile of Page 102 1 the project. 2 And as far as the roads are concerned, I 3 don't believe it's a matter of having a traffic jam 4 on these roads. If you ride down in that vicinity, 5 you will see that these roads are very narrow roads. 6 They're not two lane roads. There may be a lane and 7 a half. These roads are full of blind intersections 8 where corn is on every corner and when you come to a 9 stop sign, you can't see who's coming from the other 10 direction. The road I live on outside of Danvers is 11 a county road. It's very heavily trafficked with 18 12 wheelers. It's a wide road. It's striped. People 13 know what's going on there, but these roads down by 14 the O'Rourke farms, like I said, they have a lot of 15 blind intersections. They're normally pretty lazy 16 roads. I think the concern should not be a traffic 17 jam, but the concern should be for a fatal accident. 18 Thank you. 19 MS. RANDOLPH: Thank you. Margaret 20 Keylin? 21 MS. KEYLIN: Margaret Keylin, 304 22 North Woodlawn, Downs, Illinois. I, too, want to 23 thank the board very, very much for your time, your Page 103 1 energy, your concentration and concern for listening 2 to all of our concerns and all the facts that all 3 sides have presented. In terms of the people of 4 Downs, I know there aren't a lot here. I'm 5 disappointed in that myself. It isn't because they 6 have actually decided one way or the other. They're 7 very much out of the loop in terms of what an oil 8 field really, really means, what it looks like in 9 their backyard. I had no idea either truly when I 10 came here. Having more of an idea, it isn't 11 something that I would like to live downwind from, 12 within eye shot or nose shot of or to think that it 13 might somehow be affecting the water that we drink. 14 To our many questions of how Minard Run 15 Oil Company monitors potential and real dangerous 16 situations such as oil leaks, chemicals on the 17 ground, and flare of gases, the company answered 18 that they wouldn't monitor them because no local, 19 state, or federal regulations required them to do 20 so. In an article in the September 19th, 2014, 21 Pantagraph, Fred Fesenmyer, President and CEO of 22 Minard Run Oil Company said "Due to state and 23 environmental regulations, recovery in Page 104 1 is becoming more and more difficult." That 2 statement to me implies that Illinois' laws and 3 environmental regulations are weak and/or maybe 4 non-existent. We should not permit oil and gas 5 industries to set up shop in our state or county, 6 our township or our community if we don't have 7 regulations in place that powerfully protect our 8 health, safety, morals, comfort, and welfare which 9 is the number one standard for issuance of special 10 use permits. 11 I'm sure home to some of the 12 very first oil wells dug in our nation, has learned 13 the hard way how to handle oil and gas industries to 14 protect its people's land. We should learn from 15 them. We should not make the same mistakes. 16 I don't know if stipulations can still be 17 added to special use permits and probably these are 18 a little over the top, but here's a possible list. 19 Require water well testing by an independent firm 20 before and at regular short term intervals for all 21 wells within six miles of the oil field. This would 22 include Downs, Illinois; require Minard Run to 23 provide for a permanent replacement water source for Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (26) Pages 101 - 104 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 105 1 any wells and other water sources contaminated by 2 their operation even if they close the operation 3 after contamination occurs; allow no shallow or deep 4 fracking ever; allow no oil extraction from shale 5 rock ever; all methane gas releases must be capped; 6 the site must be constantly monitored for methane 7 gas leaks; no saltwater brine injection wells 8 allowed on site. And there could be others. 9 Statements, explanations, and answers to 10 important questions asked to Minard, to a Minard Run 11 Oil employee and official showed a lack of knowledge 12 on important matters like what formations they're 13 actually drilling through and what chemicals and in 14 what amounts they'll be using in this process. They 15 showed a lack of full disclosure since we only found 16 out about flaring methane gas, mixing chemicals in 17 the soil, and a previous serious water source 18 pollution incident involving the company because 19 citizens asked questions. I feel there may be a 20 number of very important facts we're missing because 21 we're not experts in the oil business and don't even 22 know the right questions to ask to adequately 23 protect our vital resources of water, air, and soil. Page 106 1 Judging from the relatively small amounts 2 of oil extract from this area since wells were dug 3 in the 1960's, I find it impossible to believe that 4 Minard Run Oil Company is at all serious about 5 striking significant oil reserves in Downs Township. 6 Not knowing what the present Illinois fracking rules 7 or regulations will be because they're still working 8 on those rules, and not knowing the length of Minard 9 Run's lease, although it seems now that it is a 10 permanent lease on the O'Rourke property, I find it 11 highly plausible that the oil wells it plans to 12 drill can be ultimately used in some fashion to 13 frack the gas that is present in some abundance or 14 extract oil from the shale rock that's underneath. 15 With Illinois poised on the precipitous brink of 16 allowing fracking in our state, the land grabbing 17 oil and gas opportunists are invading. They are 18 looking for new communities with little experience 19 in or knowledge of the serious negative consequences 20 of allowing oil and gas companies in their midst. 21 Allowing oil drilling or gas fracking is not in the 22 best interests of the people, land, air, and waters 23 of Downs Township, McLean County, Illinois. Page 107 1 I urge this zoning board to choose the 2 safe guarding of our fresh water of the aquifer, 3 still questionable story to me, our supplies there; 4 our air quality, the methane, the burn off, those 5 chemicals that can be in our air; our soil 6 integrity, which is so rich that no farmer in his or 7 her right mind would even want clay mixed in with 8 it, let alone chemicals and rocks; and the 9 safeguarding of our rural lifestyle, safeguard that, 10 over the permitting of an industrial zone that could 11 potentially destroy all of those things in the name 12 of corporate profit. 13 Oil is not the basic necessities of all 14 life. Water, air, and growing ground are. The 15 McLean County Zoning Board of Appeals must veto the 16 special use permit request from Minard Run Oil 17 Company. A number of citizens have said that they 18 are here not so much for themselves but for their 19 children and their grandchildren, for the future 20 world they will inherit. The final decision of this 21 board needs to be based on ideas like it could 22 possibly happen or the slightest chance or it was a 23 fluke. For life itself to be viable, we need clean Page 108 1 water, fresh air, and unpolluted growing ground. 2 All three of these vital resources are affected by 3 the process of drilling for oil. It is worth 4 even it is not worth even the remotest of risks 5 to put our most vital resources forever in the hands 6 of an oil and gas company who is in this business 7 solely for personal profit. 8 A lot of our conversations have been about 9 potential problems and how to remedy them when they 10 arise. One way to remedy these problems so that for 11 sure absolutely no oil and gas pollution of air, 12 water, or land happens is not to have an oil field 13 in our county. Any even of the smallest of spills 14 and contaminations of our air, land, and water 15 degrade our environment, health, and lifestyle. 16 We need to heed the words of a peacemaker 17 who was founder of the Iroquois confederacy, "Think 18 not forever of yourself 0'Chiefs, nor of your own 19 generation, think of continuing generations of our 20 families, think of our grandchildren and of those 21 yet unborn who's faces are coming from beneath the 22 ground." 23 I ask the board to give itself the full Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (27) Pages 105 - 108 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 109 1 extent of whatever time your rules allow to consider 2 all of the testimony. I know it's been long at this 3 point, but there's a lot there to consider. Take 4 your time. 5 MR. DICK: Two minutes, ma'am. 6 MS. KEYLIN: Consider all of the 7 testimony and the welfare of the people of the 8 community. I urge this board to make a decision 9 that considers the next seven generations of McLean 10 County and to deny this special use permit from 11 Minard Run Oil Company. Thank you. 12 MS. RANDOLPH: Thank you. Meredith 13 Schroeer? Juergen Schroeer? David West? 14 MR. WEST: David West, 6116 North 15 2200 East Road, Downs, Illinois. Again I want to 16 reiterate thanks for what this board does. This has 17 been a long, arduous process. I've been here since 18 the beginning. My wife joined us the last two 19 nights for the last two sessions. I'm a resident of 20 the rural Downs area. I'm going to live to the 21 north of this potential oil field. One of the 22 reasons my wife and I and my family moved here is 23 because we want to enjoy the outdoors, the country Page 110 1 setting. We're very avid outdoors people and we 2 enjoy our time outside. I wouldn't be here unless 3 the news crew stopped by my house to let us know 4 what we thought of a potential oil drilling site 5 next to our house. As I said in my initial 6 statement, that was actually quite shocking to my 7 wife and I that we had not been given any type of 8 notice by the company or even the county that there 9 was a process, a special hearing process or a 10 special zoning process to give approval for this. 11 With that said, I have learned a lot 12 during this many hours here. I do have concerns and 13 I did voice these at my initial testimony. I have 14 concerns about the drinking water in my water 15 supply. Nothing has alleviated that fear from the 16 testimony that's been given so far. I have 17 significant concerns about the value of my property. 18 We've worked very hard on our property. We've spent 19 a lot of time and effort in making our property the 20 best that we can because we do enjoy being outdoors, 21 but I have concerns about the property value. No 22 one came here to testify that the property values of 23 a homestead next to an oil drilling site would Page 111 1 either remain the same or increase. There was some 2 allusion to the fact that maybe land values would 3 not change, and that may be true but we're talking 4 about homesteads, not undeveloped rural land. 5 I'm also concerned, particularly after 6 seeing the pictures of the Wapella oil site, if 7 that's going to be what's seven hundred feet away 8 from me, that was very concerning to see those 9 photographs. I haven't been around an oil site so I 10 don't have firsthand knowledge of what the smells 11 are, but I'm anticipating that that's going to be a 12 fairly horrendous issue with the smells from the oil 13 fields. Also, the health risks. I'm a 14 pulmonologist. There's things that are being burned 15 and flared there that are health hazards. That is 16 going to potentially affect the health of my family, 17 particularly my children, so I am very concerned 18 about that. 19 I think in general I'm going to lose 20 overall enjoyment from being on my property. I'm 21 obviously going to lose property value. I don't 22 think how anybody could argue against that fact, and 23 it would be a general nuisance to me and my family. Page 112 1 I appreciate the fact that we have this 2 zoning commission to give a special use permit 3 because it's really affording me protection, and 4 that's how I view this. It's giving, as a citizen 5 of McLean County and a taxpayer in McLean County, 6 it's giving me protection, protection against 7 something that I would probably vote against if I 8 was in your situation. I appreciate how the local 9 government works in that regard. I don't want to 10 talk too much. I told my wife I'd try to keep this 11 extremely short, but I think as I said in the 12 initial testimony, I'm the one who's going to be 13 taking all the risk in this situation. I'm the one 14 who's going to have the negative outcomes. I urge 15 you and ask you to vote no on this special permit. 16 Thank you. 17 MS. RANDOLPH: Thank you. Angelo 18 Capparella? 19 MR. CAPPARELLA: My name is Angelo 20 Capparella, 907 South Fell in Normal. Thanks very 21 much. I'm very proud to be a resident of McLean 22 County and live in a county where every citizen can 23 speak to these issues, where public officials will Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (28) Pages 109 - 112 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 113 1 sit through incredibly long hours to listen to them 2 and also appreciate the hard working staff who try 3 to wrestle their way through these complicated 4 issues as well. It also is nice that as a private 5 citizen here, I'm not banned from speaking, that I 6 can actually speak and ask questions of experts, 7 that I can actually ask questions of large 8 corporations who perhaps are not always used to 9 being in such a forum. Sadly, that wasn't the case 10 with the Enbridge pipeline when I attended that 11 public meeting. Since that wasn't subject to a 12 special use permit, they banned me very quickly from 13 asking very specific focused questions, and it 14 finally took quite a bit of effort of doing FOIA's 15 before I was able to get enlightened on some of the 16 questions that they would not answer. 17 I do have a few more specific questions to 18 ask of the applicant but decided that that might not 19 be very productive after all, even in this forum. 20 Ultimately I think this all comes down again to the 21 three questions I raised earlier in my testimony; 22 how much do you value these competing natural 23 resources, oil and water? How much data deficiency, Page 114 1 lack of knowledge are you comfortable with? We've 2 tried to lay out some of the known/unknowns, some of 3 the known/unknowns that really could become known if 4 we wish them to be and that a lot of researchers are 5 trying to answer and other agencies of our state. 6 And finally, how much risk are you comfortable in 7 sort of giving to our water resources? How much 8 risk are you willing to take for a resource that 9 I recall Mark Peterson, the Town of Normal manager 10 when we had sort of an information session on the 11 sole source aquifer and the PCB issue at Clinton, he 12 admitted he apologized to the public. He said 13 we, as a public official in the Town of Normal, 14 we've come very late to this issue of protecting the 15 Mohamet Aquifer and he thanked the citizen activist 16 groups that finally brought it to the attention of 17 the public officials in Normal and he apologized 18 that they were coming late to the issue of really 19 thinking clearly about what it will take to protect 20 the Mohamet Aquifer for our future economic and 21 drinking and other activities. So again, how much 22 risk are you comfortable in doing and how 23 comfortable are you with the known/unknowns and how Page 115 1 comfortable are you with the way in which different 2 companies approach answering citizens' questions? 3 I do recall sitting through the hearings 4 for two different wind farm companies and they are 5 were happy to answer every single specific focused 6 question I had until the very end. Very different 7 cultural attitude, I suppose, from different energy 8 sectors. Thank you. 9 MS. RANDOLPH: Thank you. Marilea 10 White? Mike Herber? Brad Gher? 11 MR. GHER: Good evening. I 12 appreciate what everyone in this room has done. 13 MS. RANDOLPH: One more time with 14 name and address. 15 MR. GHER: Brad, last name is Gher, 16 G-H-E-R. 17 MS. RANDOLPH: I should have told 18 everyone the reason for this over and over is 19 because we record through these and you can go on 20 the McLean County website and listen and then 21 somebody would say, well, who was that? Go ahead. 22 MR. GHER: 5782 North 2200 East Road, 23 Downs, Illinois. I know I'm at the tail end of Page 116 1 this. I have the most risk. I'm surrounded by the 2 oil wells. I'm sorry that my neighbors haven't 3 shown up other than Dave, but I ask when you make 4 your decision, you think about them. They may not 5 be taking this as seriously as we are, but we have 6 to think of their health benefits as well as our 7 own, whether they show up or not. It was kind of 8 deemed by the applicants that since only two 9 neighbors showed up, that we are insignificant. 10 Anybody, you know, if there's a big issue with it, 11 then there would have been a lot of people here that 12 neighbored along that. I don't understand why 13 they're not here. Maybe they're hoping to pocket a 14 lot of money from oil should it be found on their 15 land, but it's unfortunate. 16 When you make that decision here this 17 evening, I hope you think about the residents that 18 are in that area and that we assume all the risk. 19 Hopefully most people and I've read in the paper 20 a lot of the comments, you know. It's like, well, 21 it's not my neighborhood so it's a good thing. 22 Unfortunately, if we become a county that starts 23 drilling oil, should oil be found, it could spread, Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (29) Pages 113 - 116 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 117 1 of course, throughout the whole county and affect 2 everyone. I don't look forward to smelling the oil 3 fields in three directions around me, the closest 4 one estimated three hundred feet. I don't want the 5 stress of wondering what my well water contains 6 until I can actually taste something that makes me 7 question it. Of course, the drainage tiles that 8 will be bringing contaminants to my property 9 concerns me. 10 So I guess I was telling a lot of people 11 when I first came here I was very neutral to this. 12 The O'Roarkes have every right to drill on their 13 property. They own the property. But when it 14 starts concerning other people and their health, 15 then of course that's when we need to look at it 16 very seriously. The O'Roarkes are very good people 17 but, like I say, that is their right to drill. 18 The more I listened to testimony, the more 19 the questions were unclear and unanswered, I became 20 more concerned and I shifted and basically became 21 negative to the special use permit. And that's 22 where I stand tonight is I hope you will deny it 23 based on we don't have enough information about this Page 118 1 industry in our county to fully understand allowing 2 them to do it at this time. That's all I have to 3 say. 4 MS. RANDOLPH: Thank you. Jack 5 Porter? 6 MR. PORTER: Jack Porter, 1504 West 7 Locust Street in Bloomington. Madam Chair, members 8 of the Zoning Board of Appeals, Mr. Wetzel, I 9 appreciate the chance to be present and participate 10 in a way in this proceeding and your dedication and 11 your work. When I testified, I spoke from the 12 perspective of being a minister of the Presbyterian 13 church in the USA, and I mentioned the various urban 14 and rural Presbyterian churches in our county. I 15 also practiced law for twenty years in McLean County 16 and I want to be quite up front that I'm not 17 speaking as an attorney. I no longer have a law 18 license so I'm not pretending to do that, but I had 19 some experiences in those twenty years that I think 20 are relevant. 21 Dr. West really got my attention with his 22 account about the lack of notice of this proceeding. 23 Now, he came and Mr. Gher came, but as been pointed Page 119 1 out, a bunch of other people didn't. Well, what 2 sort of notice did they get? Notice is a threshold 3 issue. I was involved in plenty of cases in McLean 4 County where plaintiffs had their whole case 5 dismissed because they could not prove that they 6 gave adequate notice to the defendants. It didn't 7 even get to the point of recommendations one way or 8 another. The whole case was dismissed because there 9 was not proof by the plaintiffs that defendants had 10 received the necessary notice. So I want you to 11 check with your legal staff and run that by them and 12 see whether that standard has been met. If that 13 hasn't been met, you don't even need to make 14 recommendations. That case should simply be 15 dismissed. 16 But let's say that has somehow been met. 17 I want to raise the issue of burden of proof, a 18 hugely important issue in cases. As I understand 19 it, the petitioner is required to prove that it has 20 met all of the standards that you used to make your 21 determination. I want to focus on the standard 22 number two, the proposed special use will not be 23 injurious to the use and enjoyment of other property Page 120 1 in the immediate vicinity or substantially diminish 2 property values in the immediate area. The people 3 who have homes nearby have made a compelling case 4 that they are very, very worried and they expect 5 their property values to go down. Mr. Wetzel has 6 tried to change the burden of proof and to shift it 7 onto these homeowners. That is totally 8 inappropriate and you should not let him get away 9 with it. The petitioner has the burden of proof. 10 They didn't bring any experts in to show the 11 property values would be maintained. It's not up to 12 the homeowners to prove the opposite. You need to 13 determine that the burden of proof has not been met 14 with regard to that very important standard number 15 two of yours. In fact, at one point one of the 16 homeowners even suggested that the company enter 17 into a contract to compensate them for any loss of 18 value, and that was immediately rejected by 19 Mr. MacFarlane with the comment, well, we don't have 20 to do that, and I think that exemplifies the 21 attitude of this petitioner and his consultant in 22 this whole proceeding. They obviously resent being 23 here. They said, well, we've got a permit from the Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (30) Pages 117 - 120 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 121 1 state and we're going to have to mess around with 2 you people for a special use permit. 3 The thought was even entertained at one of 4 the proceedings that, well, perhaps we would just go 5 ahead and drill just using the state permit. I know 6 Mr. Wetzel has disclaimed that and with good reason, 7 but that attitude of being contemptuous and hostile 8 has been shown over and over again, and these people 9 want to be our neighbors? It doesn't make sense to 10 me. 11 Back to the position of the Presbyterian 12 church nationally. Climate change is real. We are 13 moving towards potential catastrophe. The biggest 14 source of greenhouse gas is oil. We've got to 15 change our behavior individually and collectively, 16 and as a church we are called to be strenuously 17 involved in public advocacy for justice and for our 18 home, this planet. McLean County has moved in a 19 very, very positive direction in terms of renewable 20 energy and that's the direction we should be moving. 21 I'm asking that you and the county board send a 22 message to this company for you, McLean County is a 23 dry hole, cut your losses and go back to Page 122 1 and that should be the end of it. 2 MS. RANDOLPH: Thank you. Joyce 3 Cabe? She wasn't here when I called her name but I 4 see Mary Bechtel is here. You don't wish to make a 5 closing argument? 6 MS. BECHTEL: No, thank you. 7 MS. RANDOLPH: With that, I have to 8 ask our attorney one thing and then we will go and 9 discuss the standards. 10 (Whereupon an off the record 11 discussion was held.) 12 MS. RANDOLPH: I don't think I missed 13 anyone, did I? No, okay. 14 At this point we'll begin a discussion of 15 the standards. The first standard is the proposed 16 special use will not be detrimental to or endanger 17 the health, safety, morals, comfort or welfare of 18 the public. I don't believe this standard is met 19 and I intend to vote no on this special use unless 20 one of my colleagues can convince me otherwise. I 21 cannot vote to take this kind of risk in the public 22 health and safety. I'm very troubled that the 23 Illinois DNR is charged with so much oversight of Page 123 1 this type of operation. They are charged with 2 assuring that the public is kept safe and yet we 3 heard that they do not have the tools to ensure 4 this. We heard about an act that was passed by the 5 Illinois legislature in 1951 that does not require 6 tests for radioactivity, does not require water well 7 testing, does not require gas capture, does not 8 allow for fines. I can only guess how come this law 9 has not been updated, and that is power and money 10 from the oil industry. 11 We heard conflicting testimony regarding 12 staffing at the IDNR, but even if staffing were to 13 be totally up to par, the IDNR either has in my 14 opinion painfully inadequate tools to ensure the 15 public's health and safety. And while I'm talking 16 about the oversight needed for this proposal not to 17 endanger the health and safety of our residents, let 18 me say I have the utmost respect for and confidence 19 in our building and zoning staff. However, I feel 20 the county does not have the resources to be able to 21 police all the complexities of this proposal. 22 This board could attempt to mitigate, by 23 that I mean add many stipulations, and we certainly Page 124 1 have done that in the past. I think with the White 2 Oak Wind Farm we had over twenty stipulations. But 3 I fear we cannot possibly think of everything we 4 should to protect the public. One example of that 5 might be a stipulation requiring let's say that 6 Mr. Gher, something happens with Mr. Gher's well. 7 I'm just singling him out. It certainly could apply 8 to others, but what do we stipulate? Do we say that 9 the company must provide water to him for hauling 10 water, pay for it? How long? Do we say any future 11 owners of that property, will they get the same kind 12 of treatment? It's beyond me the complications. 13 On the subject of hydraulic fracturing, 14 even if we totally agree with the applicant when 15 they state they would have to return to this board 16 and the county board for another special use for 17 hydraulic fracturing, common sense tells us that if 18 vertical drilling is already allowed, the proposal 19 before us, it would be easier for Minard to obtain 20 another special use for fracking later. This all 21 applies to standard number one in my opinion. 22 Regarding the Mohamet Aquifer, I do not 23 believe we have adequate data to be one hundred Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (31) Pages 121 - 124 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 125 1 percent sure this project and other projects that it 2 could lead to will not harm the Mohamet Aquifer. 3 This board's own witness, Dr. Robert Nelson, is an 4 extremely well-respected geologist, and while I 5 realize it is his opinion that the aquifer would not 6 be in danger, he also said that research and 7 underground water resources is difficult in that it 8 takes, to quote Dr. Nelson, "extensive drilling and 9 is very expensive." 10 So we also heard about the very distinct 11 possibility of tributaries under the project area 12 and the possibility of their interconnectiveness to 13 the Mohamet Aquifer. We heard it could take decades 14 for contamination to move through. Decades is a 15 risk, any risk. It is well known that this aquifer 16 is the source of water for a huge number of people 17 and we also heard testimony that it is thought to be 18 a future water source for any of a much larger 19 number of people. 20 I'm also very concerned about this 21 proposal as a precedent setter in many ways. If it 22 should pass and it is a successful project, what 23 future zoning board and county board would be able Page 126 1 to turn down possibly many more proposals like it 2 throughout the county? And in fact Mr. Wetzel in 3 his closing statement suggested that could well be 4 the case of some of the neighbors out there. Okay, 5 standard number one. 6 MR. KURITZ: I can't try and convince 7 you because I, too, feel that I can't really take a 8 gamble with water for so many people. I believe 9 that this company, by taking the double casing and 10 precautions, that they're going to do everything 11 they can, but there's still the old rule that, 12 pardon my French, but shit happens, and I can't vote 13 to take that chance with that aquifer. 14 MS. RANDOLPH: There's a lot of that 15 kind of thing that can happen in this case. 16 MR. FINNIGAN: I could be the devil's 17 advocate, you know. I see what's happened in the 18 last forty or fifty years on another project and 19 there hasn't been problems so I give that a lot of 20 weight. I don't know for sure that it's worth 21 nothing is worth the risk of having something happen 22 to kids. I have four grandkids of my own and that's 23 always foremost in any of my decisions and you know Page 127 1 that. That we don't have a problem in the future is 2 for them. So that's very important, but how much 3 can you do and nothing is done? That's my only 4 concern. And I was here for all the wind farm 5 meetings. There were more people, probably ten 6 times the amount of people that protested wind 7 farms. I don't see any of those people, maybe not, 8 that were here in support of wind farms for 9 alternative energy, and I take offense to that 10 because that was very contested and neighbors didn't 11 want it at all and now we're here tonight, everybody 12 that doesn't like this, we should do wind farms. So 13 we can't win. 14 MS. RANDOLPH: I agree. 15 MR. FINNIGAN: So it comes down to, 16 to me this is very there aren't any facts here 17 that says that they are going to contaminate that 18 aquifer at all. Am I willing to take the chance 19 that they could? I don't know. I'm probably going 20 to be honest with you. I see you're very passionate 21 about this and so I'm having a little trouble here. 22 MS. RANDOLPH: I have the greatest 23 respect for you too, Mr. Finnigan. Thank you. Page 128 1 MS. TURNER: In looking at the risk 2 assumed here and weighing those, I've sat back and 3 said there's risk associated with all of our 4 industry here. There's certainly risk associated 5 with agriculture. We use chemicals. We have 6 run-off from that, but yet we're willing to assume 7 that risk. When we heard the wind farm cases, there 8 were risks that we assumed there. We didn't know 9 all the answers to that. So we said, okay, in some 10 of these cases they may be right. We may be 11 affecting bat migration. We may be affecting things 12 that we don't know because there haven't been a lot 13 of wind farms out there, but we're willing to accept 14 that. And I think part of that is because we know 15 we have rich soil and we have some of the richest 16 soils, so we're going to farm it to the extent that 17 we can and we're going to assume those risks because 18 we know we have a great resource. We obviously know 19 we have wind and we can do something about that. We 20 don't know if we have oil and we don't know if we 21 want to have oil. We don't know if we want to deal 22 with everything that comes with that because of the 23 risks that are out there, obviously out there. I'm Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (32) Pages 125 - 128 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 129 1 not going to try to convince you otherwise either. 2 I'm just trying to share my thought process. I came 3 into this really thinking that, you know, it's 4 industry, it's a natural resource, very, very open 5 to it. I'm not saying that I'm not open to it at 6 this point, but I haven't been convinced that there 7 is no danger and I'm not sure that I'm willing, not 8 knowing what's down there, to go any further with 9 it. 10 MR. CARLTON: Well, Sally, I support 11 you one hundred percent. I do not feel that we can 12 take any kind of risk with our children, our 13 grandchildren, and the future population of McLean 14 County. There's just too many questions and there's 15 too many dangers in my mind. 16 MR. BANGERT: I personally have a 17 struggle here myself. I deal on a day-to-day basis 18 with hazardous materials myself and in an industry 19 that is incredibly regulated, and the thought 20 processes behind what we do in our everyday lives 21 revolves around stewardship of the land and being 22 able to maintain an environment for the future. 23 Finding ways to do these things sustainably so that Page 130 1 we can pass it along, I mean that's to the core of 2 what we're talking about. I mean these chemicals 3 that we've got lists of here, I didn't see a 4 material safety data sheet on them. I think the 5 explanation was fairly encompassing of what they're 6 using, and I guess my concern is I could look at my 7 own day-to-day activities and I mean there's a lot 8 of concern as to what we do, but we have to realize 9 what we're doing is going to make sure that we have 10 something to pass along, and that keeps us awake at 11 night and but also gets us up in the morning, too. 12 I'm really struggling with this one 13 myself, and I'm completely with you on the concern 14 of the water we drink. I think about it every time 15 that I go to the ice machine in my house, and I 16 wonder the same questions and how would that be for 17 me knowing what we know and what we don't know. A 18 lot of what we heard here is a lot of what ifs and 19 again a lot of information that didn't have any 20 factual backing, too, so I'm torn here. 21 MS. TURNER: I think a lot of what 22 we're getting to and, Brian, you brought up really 23 well the point that as because I really do, I Page 131 1 really think that other industries that we have here 2 in this county submit just as big a risk as what 3 this does. 4 MS. RANDOLPH: But they're often 5 located in industrial zoned areas. 6 MS. TURNER: I think farming presents 7 a big risk. I think people brought up having 8 chemicals or having this oil on the roads and 9 accidents. We constantly have lots of chemicals on 10 the road with farming. That risk is out there. But 11 it's a risk that we're willing to assume and I 12 think, Brian, you hit on it. It's because we know 13 that farmers have to have a land that continues to 14 produce. They can't abuse it or they won't have 15 anything. So it's in everyone's best interest to 16 keep that going. 17 This is a depletion effort. This is not a 18 sustainability effort and, therefore, my level of 19 trust goes down as far as the stewardship goes. 20 That's really what it boils down to for me. It's 21 not a matter of it being regulated better or worse 22 or anything like that. It's a matter of does it fit 23 in with who we are and what we do and what we know Page 132 1 here and it doesn't, and that's really where my 2 position comes in. 3 MS. RANDOLPH: So correct me if I'm 4 wrong, I think I'm hearing that there's at least a 5 consensus that this standard number one is not met. 6 Can we move on to standard number two, 7 which says the proposed special use will not be 8 injurious to the use and enjoyment to other property 9 in the immediate vicinity for purposes already 10 permitted or substantially diminish property values 11 in the immediate area. I have some comments here, 12 too. It's pretty inconceivable to me that Minard 13 Run did not contact the close neighbors in advance 14 of this proposal. I could not help to conclude that 15 the neighbors were just not a big concern to this 16 company or they would have contacted them. We had a 17 case not long ago where the applicant had attempted 18 to contact all the neighbors, a whole bunch of them 19 on that case. That's one concern on standard number 20 two, the injurious to the use and enjoyment as we 21 heard a lot of speculation but very distinct 22 possibilities on the wells. 23 And then as far as the property values, I Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (33) Pages 129 - 132 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 133 1 really appreciate what Mr. Porter said in his 2 closing statement. Common sense really tells us 3 that the property values of nearby residents will 4 diminish. I mean to me it's that simple. It 5 doesn't have to be proven. I realize Mr. Gher and 6 others who have built their homes on special uses 7 have for some decades signed a nuisance disclaimer, 8 and Mr. Gher may remember that the county requires 9 that anyone getting a special use sign this paper 10 that essentially says when you move to the country, 11 you get country things. To me there's no way that 12 Mr. Gher or any of the others that have signed that 13 could have possibly, that signed that disclaimer 14 could have possibly envisioned an oil drilling 15 operation such as this. They signed it for certain 16 things that relate to agriculture but no way would 17 they have ever dreamed that oil could have been 18 something they were going to have to put up with. 19 MR. FINNIGAN: I don't know for sure 20 when those wells were drilled back in whenever that 21 was. 22 MS. RANDOLPH: They were drilled in 23 the early '60s. Page 134 1 MR. FINNIGAN: There had to be some 2 kind of a record of that. I don't know why you 3 think it would be drilled again, but it's 4 conceivable that that could have been done. I think 5 that there is some more credibility to this one in 6 my mind. How do you put personal property rights, 7 because you've got the guy here that's got oil, 8 would like to drill oil, and his rights are there. 9 It's a natural resource. God put it in the ground. 10 We didn't cover that the other day. We've got this 11 kind of a lecture on that we need to be moral, and I 12 believe that, but I also think, too, that God put 13 that resource in the ground for some reason, you 14 know, and maybe to be used. Whether it should be or 15 not I don't know. I don't know. But what are the 16 rights of the larger guy and the people around him, 17 that's always what we deal with, and it's tough 18 because I see both sides. Honestly I guess, you 19 know, if you had this right next to you, I don't 20 think the working parts of the well are that bad, 21 but if there's a smell and things like this, I think 22 that is something that they shouldn't have to put up 23 with. So that's what I come up with, and that's Page 135 1 probably long winded but that's what it is. 2 MS. TURNER: I actually don't think 3 that this one doesn't bother me. I feel like 4 we've pretty much that this one is met, and while 5 I know it's not a desirable thing to live next to, 6 neither is a hog farm, neither is the smell from any 7 of that, and all of those things we would put in 8 there. I grew up in an area where these oil wells 9 are everywhere, so it's very obvious to me that 10 that's a possibility in an agricultural area. That 11 doesn't surprise me at all. I think if you drive 12 really a lot of places in the state in rural areas, 13 and if you like rural areas, chances are you drive 14 through them because usually that's how you get 15 places if you like that, but I don't think it was an 16 inconceivable thing to be there. We have one very 17 close. So this one doesn't bother me. I think 18 we're okay here. 19 MS. RANDOLPH: Mr. Carlson did say 20 when he went down there that the smell was there. 21 MS. TURNER: Oh, I know the smell is 22 there. The smell is there. That's for sure. 23 MS. RANDOLPH: I was just going to Page 136 1 say Dr. Pliura hadn't been there very often or 2 lately. He testified there was no smell. 3 MS. TURNER: I don't know that it's 4 at Wapella. I know that a lot of oil wells have a 5 smell though. 6 MR. KURITZ: My father was from Texas 7 in Beaumont and they mentioned Spindletop very early 8 in this, and I've been there. Oil fields stink, but 9 I've also lived in the country long enough to know 10 that when the wind is coming from the right 11 direction, hog containment farms are far, far worse. 12 Hog lots are far worse than the oil fields. So 13 really, you know, it's the same kind of thing. 14 MS. RANDOLPH: I think we should go 15 through all of the standards for the record. It's 16 apparent that at least the consensus was that 17 standard one wasn't met, but I still think for the 18 record we should go through and discuss them. 19 So I'll mention number three. I was just 20 going to say all the standards have to be met in 21 order for a recommendation to go to the county board 22 in favor of it. Standard number three, the proposed 23 special use will not impede the orderly development Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (34) Pages 133 - 136 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 137 1 of the surrounding property for use as permitted in 2 the district. I think that one is met. 3 MS. TURNER: I do, too. 4 MS. RANDOLPH: Anybody disagree? 5 MR. KURITZ: I do, too. 6 MS. RANDOLPH: The fourth is adequate 7 utilities, access road, drainage and/or other 8 necessary facilities have been or would be provided. 9 We heard testimony about the road agreement that the 10 county board signed and this is pretty much their 11 thing. I think we can assume that this standard is 12 also met. 13 Standard number five is adequate measures 14 have been or will be taken to provide ingress and 15 egress so designed as to minimize traffic congestion 16 in the public streets. That has to do with site 17 distance, getting in and out. 18 MS. TURNER: Twelve trips a day don't 19 concern me. The best argument was that really it's 20 a sleepy area and you should be more concerned about 21 the blind spots and things like that, but I think 22 this one doesn't bother me either. I think this one 23 is met. Page 138 1 MS. RANDOLPH: Number six, the 2 establishment, maintenance, and operation of the 3 special use will be in conformance with the intent 4 of the district in which the special use is proposed 5 to be located, and I think this is one maybe we 6 could talk about the intent. Reading from the 7 agricultural district intent, just a couple things. 8 "Certain agricultural land constitutes unique and 9 irreplaceable land resources. It is the purpose of 10 agriculture district to provide a means of which 11 agriculture land may be protected and enhanced as an 12 economic and environmental resource of major 13 importance to the county." 14 And then reading further down it says, 15 "provide for the location and government 16 establishment in operation of land uses which are 17 compatible with agriculture and are of such a nature 18 that their location away from residential, 19 commercial, and industrial areas is most desirable." 20 I don't think the standard is met as I read the 21 intent. I do not think drilling for oil is 22 compatible with agriculture. If this well is 23 successful, if this were be approved and be Page 139 1 successful, McLean County would likely have a 2 multitude of similar applications and we could have 3 many oil wells dotting our landscape, and to me I 4 agree that it would be an industrial use, not an 5 agriculture use. So I'm very concerned about this 6 precedent. This would be the first one if it's 7 approved. 8 MR. KURITZ: I'll be devil's advocate 9 this time. I think this standard is met. I don't 10 really see the oil well dotting that being any 11 different really than the wind turbines standing up 12 out there. I mean once it's in and you're cleaned 13 up and confined, they sit out there in the middle 14 and they grow corn around them or beans or wheat or 15 whatever, wherever you're at, and things go on. You 16 can keep putting up wind turbines to the point where 17 you can't see across the sky, or as the one lady 18 from up by Hudson, you can't fly your crop sprayers 19 through them. So I don't have a problem with this 20 one. 21 MS. TURNER: I don't for the most 22 part, because I think it is a natural resource and 23 it was put there and historically we have said, you Page 140 1 know, part of the ground is the minerals. There's a 2 reason we have the mineral rights as well as the, 3 the mineral ownership as well as land ownership 4 because we recognize those. 5 I think as far as you're concerned, your 6 statement is concerned, Sally, on the precedent, I 7 relate that back more to the safety. Where wind, 8 you can put them up, but you don't have any 9 byproducts of that. In this you have more and more 10 byproducts. You have more brine. You have more 11 methane emitted. So the more you have, the more 12 impact it could have, and that's where this one 13 concerns me. One maybe not so much, but if we do 14 become a target area and the precedent there, that's 15 what concerns me. 16 MR. FINNEGAN: Well, I think that 17 it's kind of you can only drill oil for where oil 18 is. That's the only thing I say that this makes it 19 somewhat compatible. Maybe it doesn't for all 20 areas, but we can't make a blanket statement saying 21 we're not going to have oil wells anywhere in McLean 22 County. I don't think that's realistic because we 23 take things on a case by case basis, and you're the Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (35) Pages 137 - 140 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 141 1 first one to tell us to say that. Not every case is 2 going to be the same; it's not going to be over an 3 aquifer, it's not going to be this, it's not going 4 to be that. So I don't think we need to send a 5 message out there that there's never going to be an 6 oil well permitted in McLean County. I don't think 7 that we can do that. So this one maybe isn't the 8 best spot, but I'm not going to say tonight that 9 there will never be one because I don't think that's 10 fair. 11 MS. RANDOLPH: The last standard is 12 the proposed special use in all other respects 13 conforms to the applicable regulations of the 14 district in which it is located. I'm a little 15 confused about how that works. We've already stated 16 the consensus that number one is not met. I don't 17 know what we say about this one so I think maybe we 18 could just not say anything. Maybe we should, but 19 if we've already said that, I would think this one 20 wouldn't be met. 21 Are we ready for a motion or do we need to 22 discuss some more? 23 I hear neither. This would be a Page 142 1 recommendation to the county board. If I'm hearing 2 everyone on the first standard, it seemed to be the 3 recommendation would be to recommend to the county 4 board that the application be denied. 5 MR. FINNEGAN: I'll do it. I'll make 6 a recommendation that the case SU-1405 be denied. 7 MR. KURITZ: I'll second it. 8 MS. RANDOLPH: Motion by Finnigan, 9 second by Kurtz. Is there any further discussion? 10 Roll call vote. 11 MR. DICK: Could I ask a question how 12 you want to draw up the findings for standard number 13 six? 14 MS. RANDOLPH: I would say the board 15 was divided on that one, that there were comments 16 made by the members both ways. I think maybe I 17 would say it was tipped more in favor of it. 18 MR. DICK: And number seven? 19 MS. RANDOLPH: I can't see, if we 20 agree that one standard wasn't met, I can't see that 21 number seven could be met as I read it, but you can 22 correct me. 23 MR. DICK: I'm not certain that we Page 143 1 have unanimity as we have with number one. That's 2 my only question. 3 MR. KURITZ: I agree with number 4 seven with Sally. If one is not met, then seven 5 can't be met is the way I've always figured it. 6 MS. RANDOLPH: Okay. 7 MR. FINNEGAN: I have no idea. You 8 you've got to be a lawyer. 9 MR. DICK: Motion was by Mr. Finnigan 10 and second by Mr. Kurtz? 11 MS. RANDOLPH: Yes. 12 MR. FINNEGAN: What is our answer for 13 a vote? What will our answer be for a vote? 14 Explain what we need to say. 15 MS. RANDOLPH: A yes vote would be to 16 deny, recommend to the county board a denial. I 17 should say a no vote would be recommend it be 18 approved. 19 MR. DICK: There is one question out 20 there. Often they recommend that when you do a 21 motion, you do it in the favorable sense so that the 22 motion is to approve it and then everybody votes it 23 down. Page 144 1 MS. RANDOLPH: You've been going to 2 those planning meetings. 3 MR. KNAPP: However you want to do 4 it. 5 MR. DICK: I'll go with our attorney. 6 He says we can go either way. A yes vote says no 7 and a no vote says yes. 8 MR. FINNEGAN: That's why I wanted to 9 know what we're supposed to say. 10 MS. RANDOLPH: I'm going to vote yes. 11 MR. FINNEGAN: But you vote after me. 12 I don't want to be the guinea pig. 13 MR. DICK: Finnigan? 14 MR. FINNEGAN: Yes. 15 MR. DICK: Kuritz? 16 MR. KURITZ: Yes. 17 MR. DICK: Rudolph? 18 MS. RANDOLPH: Yes. 19 MR. DICK: Turner? 20 MS. TURNER: Yes. 21 MR. DICK: Bangert? 22 MR. BANGERT: Yes. 23 MR. DICK: Carlton? Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (36) Pages 141 - 144 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 Page 145 1 MR. CARLTON: Yes. 2 MS. RANDOLPH: This goes as a 3 recommendation to the county board. The county 4 board meets on November 18th, Tuesday morning at 9 5 o'clock in this room. As a general rule, the county 6 board has not allowed any further testimony on a 7 zoning case. We'll adjourn. 8 (Hearing adjourned at 10:00 p.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 146 1 STATE OF ILLINOIS : : 2 COUNTY OF PEORIA : 3 4 I, Paula A. Morsch, a certified shorthand 5 reporter in and for the County of Tazewell, State of 6 Illinois, do hereby certify that the foregoing 7 transcription is true and correct to the best of my 8 knowledge and belief; 9 That I am not related to any of the parties 10 hereto by blood or marriage, nor shall I benefit by 11 the outcome of this matter financially or otherwise. 12 13 14 Paula A. Morsch, C.S.R. 84-002965 15 16 17 18 19 20 21 22 23 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (37) Pages 145 - 146 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 A abandoned 70:2,4;71:4;72:7 able 26:20;29:2;62:15; 90:16;113:15;123:20; 125:23;129:22 above 42:8;64:15;80:21,22, 23 absolutely 53:9;108:11 absorbed 21:21;22:11 abundance 101:4;106:13 abuse 131:14 academic 79:17 accept 3:19;83:7;89:4; 128:13 acceptable 89:3 access 13:22,23;27:7;57:20; 78:22;88:11;137:7 accident 99:19;102:17 accidents 100:18,18;131:9 according 29:22 account 67:19;118:22 accumulating 73:19 accurate 11:7;66:18;67:17 achieve 31:11 acid 7:21;9:5;12:9;18:20 acidic 8:6 acres 19:12;46:22;47:1,19; 48:1 across 139:17 Act 55:19;58:8;91:14,23; 92:3;97:16,22;123:4 action 9:15 active 84:18 activist 114:15 activities 80:20;114:21;130:7 activity 46:13;77:14;87:15 actual 26:7;72:1;95:14 actually (16) 9:7;12:6;28:2,4; 30:11;44:13;57:3; 61:21;62:17;103:6; 105:13;110:6;113:6,7; 117:6;135:2 Adam 6:11;10:20;38:1 add 8:4,16,18,22;9:4,13; 10:5;123:23 added 38:22;104:17 addition 79:3 additional 34:19 additives 5:16 address 16:18;30:4,7;31:14; 32:16;94:14;115:14 addressed 4:7;30:6;60:12; 64:10 Adequate 89:7;119:6;124:23; 137:6,13 adequately 105:22 adjacent 80:8,23;85:23 adjourn 145:7 adjourned 145:8 adjust 12:9;16:10 admitted 114:12 adopted 58:2 advance 40:17;132:13 advantages 9:19 advice 78:13 advised 10:21 advisedly 75:13 advocacy 121:17 advocate 126:17;139:8 affect 8:18;98:8,10;111:16; 117:1 affected 108:2 affecting 103:13;128:11,11 affiliation 68:14 affording 112:3 aforementioned 31:19 ag 58:12;86:13;88:9; 90:1 Again (23) 20:4;21:1;30:22; 32:1,4;33:19;40:1; 41:5,6,8;45:9;54:5; 55:1,20;59:9;72:8; 92:5;109:15;113:20; 114:21;121:8;130:19; 134:3 against 55:12,15,18;111:22; 112:6,7 agencies 114:5 Agency 65:20 ago 12:20;39:7;70:3; 132:17 agree 68:6;124:14;127:14; 139:4;142:20;143:3 agreement 88:17,20,23;90:12, 14,15;137:9 agreements 50:20 agricultural 88:4;135:10;138:7,8 agriculture 128:5;133:16; 138:10,11,17,22;139:5 ahead 115:21;121:5 aid 79:7 air 100:9;105:23; 106:22;107:4,5,14; 108:1,11,14 alike 81:13 alkaline 7:21;8:13;12:8 alleviated 110:15 allow 82:15;105:3,4;109:1; 123:8 allowed 55:21;84:19;91:14, 21;105:8;124:18;145:6 allowing 106:16,20,21;118:1 allusion 111:2 almost 43:7;88:3 alone 107:8 along 40:17;79:10;95:2; 116:12;130:1,10 alongside 62:2 alternative 127:9 although 61:17;96:4,11;106:9 always 27:19;28:11;113:8; 126:23;134:17;143:5 amazed 94:12 ambiguity 77:16 Amendment 47:21 amount 10:19;40:12;41:19; 50:15;97:5;100:13; 127:6 amounts 38:13;100:12; 105:14;106:1 analogy 20:21 analysis 75:10;86:19;98:13 ancient 52:16;95:15 and/or 34:7;104:3;137:7 Angelo 27:10;112:17,19 A-N-G-E-L-O 27:11 Annette 57:17 answered 103:17 anticipating 111:11 anti-fracking 91:16 Antonio 46:13;98:9 apologies 3:19;48:17 apologize 3:16;59:18 apologized 114:12,17 apparatus 76:17 apparent 136:16 apparently 67:4;70:12 Appeals 74:14;94:11;107:15; 118:8 appear 73:17 appeared 13:1,11;14:4;19:3,4 applaud 3:21 applauded 82:2 apples 20:23 applicable 90:6;141:13 applicant 50:12,19;63:16; 72:14;73:13;74:9; 113:18;124:14;132:17 applicants 94:20;116:8 application 43:13;55:4;75:21; 94:21;97:11;142:4 applications 139:2 applies 22:17;124:21 apply 58:16;101:22;124:7 appreciate 75:2;112:1,8;113:2; 115:12;118:9;133:1 approach 115:2 approaching 28:21 appropriate 73:2;75:13;85:7; 92:14 appropriately 83:9 approval 110:10 approve 92:18;143:22 approved 88:16;138:23;139:7; 143:18 approximately 76:1;80:2 April 60:11 Aquifer (45) 29:13;30:10,15,22; 31:17;33:2,3,16,22; 34:2,3;43:8;68:10; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] abandoned - Aquifer ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 71:7;78:17;80:1,12,15, 20,21;81:1,4,16;82:9, 19;84:15,19;92:11; 95:5,13,15,17,19; 107:2;114:11,15,20; 124:22;125:2,5,13,15; 126:13;127:18;141:3 aquifers 30:17,19;42:22 arduous 109:17 area (32) 13:4,23;19:1;31:23; 33:12;40:10,14;43:3; 44:3;49:2;51:3,9; 60:17;62:5,13;64:20; 76:2;77:12;84:12;85:1; 87:14;88:4;106:2; 109:20;116:18;120:2; 125:11;132:11;135:8, 10;137:20;140:14 areas (12) 18:23;19:22;30:23; 98:8,9,10,11;131:5; 135:12,13;138:19; 140:20 argue 78:20;111:22 argument 122:5;137:19 arise 108:10 around (19) 13:5,13;20:11;25:17; 26:4;33:12;46:5;51:16, 18;52:2;63:23;70:23; 100:1;111:9;117:3; 121:1;129:21;134:16; 139:14 Article 98:15;103:20 ash 8:21;9:4 assemble 5:19 Assembly 56:8 assessment 31:1 associated 128:3,4 assume (14) 25:12;75:2;78:23; 79:8;81:23;88:7;95:19; 100:1,2;116:18;128:6, 17;131:11;137:11 assumed 128:2,8 assurance 34:4 assurances 68:7 assuring 123:2 Athens 51:22 attempt 76:19;123:22 attempted 132:17 attended 74:22;113:10 attention 79:22;114:16;118:21 attitude 115:7;120:21;121:7 attorney 118:17;122:8;144:5 attract 29:2 authorized 77:8 authorizing 76:15 available 37:12;76:10 Avenue 27:12;72:23 average 12:23;29:1;61:12 averages 40:21 avid 110:1 awake 130:10 aware 50:18;51:1;58:9; 67:13;71:22;72:1,4; 79:13 away (11) 20:2;25:7;42:20; 69:23;70:11;72:10,12; 80:2;111:7;120:8; 138:18 B back (18) 25:9;26:5,7;30:23; 36:20;47:9;62:21;63:1; 67:10;86:22;89:5; 92:20;93:4;121:11,23; 128:2;133:20;140:7 background 4:22;79:22 backing 130:20 backward 81:11 backyard 96:20;103:9 bacteria 18:1,4 bad 17:14,14;25:19;44:7; 45:2;63:12;134:20 Balog 64:11 B-A-L-O-G 64:11 Bangert 3:11,12;129:16; 144:21,22 banned 31:7;113:5,12 barge 5:21 barrels 20:14;21:4;40:21; 48:23;49:1,11,13,17 barrier 45:3 base 55:23;75:22 based 34:16;48:22;53:22; 54:5;75:19;76:12; 107:21;117:23 baseline 77:21 bases 86:23 basic 107:13 basically (10) 10:23;42:22;44:9; 47:13,17;59:7;75:9; 88:20;95:12;117:20 basis 97:10;129:17;140:23 bat 128:11 batteries 45:7;46:5,9 beans 139:14 Bear 38:22 Beaumont 136:7 became 117:19,20 Bechtel 94:6;122:4,6 become 8:5;114:3;116:22; 140:14 becoming 44:11;104:1 begin 122:14 beginning 109:18 behalf 74:14;92:6 behavior 121:15 behind 82:1;129:20 belief 31:1;36:13;58:15 below 95:16 beneath 31:16;108:21 benefit 85:21;97:2;101:3 benefits 74:19;96:14;116:6 Bentonite 7:2,16;8:12 Benzene 44:22 berm 70:23 best (11) 4:4;6:21;20:9,13; 35:18;40:7;106:22; 110:20;131:15;137:19; 141:8 better 7:14;8:12,12;10:7; 12:22;25:11;29:1; 61:12;131:21 beyond 124:12 bias 79:12 big 10:4;24:4;51:9;82:1; 116:10;131:2,7;132:15 bigger 46:22 biggest 121:13 biocide 17:20;18:8 bit 7:12;9:3;38:6;47:16; 113:14 black 13:3;27:4 blanket 140:20 blast 44:4 blind 102:7,15;137:21 block 7:17 blood 45:3 Bloomington 16:20;59:21;81:7,8; 118:7 blowing 44:4 blue 21:6;32:20,22;33:6, 11,13,14 board (40) 4:22;14:18;48:19; 59:22;63:14;71:15; 73:13;74:14,16;75:6, 11;88:17;93:3;94:11, 17;97:7,23;102:23; 107:1,15,21;108:23; 109:8,16;118:8; 121:21;123:22;124:15, 16;125:23,23;136:21; 137:10;142:1,4,14; 143:16;145:3,4,6 board's 125:3 Bob 3:23;4:11;11:5; 12:11;78:10,19;79:3; 80:12,17 boils 131:20 bona 79:19 bores 42:21 both 13:11;47:7;50:20; 89:2;134:18;142:16 bother 84:17;135:3,17; 137:22 bothers 43:5 bought 59:6 bound 4:13 boundaries 30:10 boundary 95:15 Brad 115:10,15 Bradford 75:23 brain 45:3,5 brakes 17:14 brand 6:6,23;82:5 break 22:2;82:23;92:20; 94:2 breathing 22:20 Brian 3:11;130:22;131:12 brief 29:19;46:10 briefly 61:9 brine (19) 41:5,10,11,13;42:4, 10,16,21;43:9;49:8,19; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] aquifers - brine ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 50:9;52:10,11,20,21; 64:21;105:7;140:10 bring 18:3;37:8;120:10 bringing 36:14;89:14;117:8 brings 79:12,20 brink 106:15 broad 81:21 broken 33:12 brought 114:16;130:22;131:7 brown 9:7 browse 64:1 build 7:2;9:22;26:14 building 7:17;62:4;91:8,11, 12;123:19 built 133:6 bumped 95:2 bunch 7:10;119:1;132:18 burden 119:17;120:6,9,13 buried 42:4 Burkett 56:4 burn 107:4 burned 111:14 bury 41:15 business 3:16;34:21;45:16; 92:15;105:21;108:6 businesses 5:12 buying 37:10 byproducts 140:9,10 C Cabe 122:3 cake 9:17 calendar 12:21 call 3:2;5:15;9:9;13:3; 94:5;142:10 called (10) 5:4;6:2,9;15:9;31:5; 52:15;54:14;60:16; 121:16;122:3 came (11) 4:22;48:21;85:5; 89:14;101:18;103:10; 110:22;117:11;118:23, 23;129:2 camera 45:12,22;46:1;56:23; 57:1,4,6,9 cameras 45:21 can (88) 3:16;4:4;7:14;8:22; 9:4;11:12;15:5,13; 19:16;23:7;25:15;26:6; 32:3;34:4;36:4;37:7, 13;39:20;40:4,7;43:19; 44:10,17,18,21;45:1,4, 5,8,9,11;46:4,5,8,11; 47:12;48:6,22;49:5,7; 55:23;57:20;58:12; 74:8;75:3;77:7,17; 83:4,6;84:1;85:3;87:9, 17;89:16;91:20;93:9, 17,20;96:6;97:7,18,20; 104:16;106:12;107:5; 110:20;112:22;113:6, 7;115:19;117:6; 122:20;123:8;126:11, 15;127:3;128:17,19; 129:11;130:1;132:6; 137:11;139:16;140:8, 17;141:7;142:21;144:6 Canada 11:15 capable 95:6 capacity 10:7;21:10;79:6,7 CAPPARELLA (17) 27:10,11,22;28:10, 18;29:5,8,16,18;30:7, 18;31:13,22;32:10; 112:18,19,20 C-A-P-P-A-R-E-L-L-A 27:11 capped 105:5 capture 123:7 car 62:21 care 76:22;90:3 Carlson (29) 59:18,19,20;63:15, 17,22;64:5,8,12,17; 65:1,5,9,15;66:2,5,11, 20;67:5,9,13,18,22; 68:3,11,20;69:2,3; 135:19 C-A-R-L-S-O-N 59:20 Carlton 3:13,14;129:10; 144:23;145:1 carried 25:7;36:8 carry 7:8;36:3 carrying 10:7 case (22) 3:2;5:4;8:12;41:3; 56:2;79:12;95:5,19; 113:9;119:4,8,14; 120:3;126:4,15; 132:17,19;140:23,23; 141:1;142:6;145:7 cases 80:19;119:3,18; 128:7,10 casing 42:18;126:9 catastrophe 121:13 catch 94:23 categorization 40:5 cause 44:18;78:2;87:19; 96:6 caused 11:22;72:1,5;87:21 causes 8:5;54:8 causing 54:20 Caustic 7:19;15:5,12;42:19 Caustilig 9:7 cavalier 28:20 cellophane 35:23 cellulose 9:20 cementing 5:11 Centralia 5:6 CEO 103:21 certain (13) 4:17;8:16,18;9:23; 16:9;35:12,12,21; 81:21;91:19;133:15; 138:8;142:23 certainly (13) 15:14;23:1;66:20; 75:3;82:10;84:7;85:21; 92:9,14;94:17;123:23; 124:7;128:4 cetera 28:13 Chair 40:2;59:22;74:10,13; 93:5;94:10;118:7 Chairman 18:12;19:20;21:11; 31:3 challenge 98:3 challenges 98:1 chance 86:20;95:4;101:11; 107:22;118:9;126:13; 127:18 chances 135:13 change 52:9;111:3;120:6; 121:12,15 changed 88:22 changes 99:14 changing 88:5,8 character 14:1;50:22;84:21; 88:9;89:6 characterize 19:9 charged 122:23;123:1 check 119:11 checked 30:14 chemical 23:12 chemicals (23) 8:16;10:5;14:20; 15:5;17:18;21:21,22; 22:19;23:12;24:2;36:3, 10;38:11;100:9; 103:16;105:13,16; 107:5,8;128:5;130:2; 131:8,9 children 45:2;100:12;107:19; 111:17;129:12 chip 14:5;26:1 chips 7:10;10:3;24:19,21; 36:4 choice 47:22;101:12 choose 17:1;107:1 chose 72:8 Chris 3:13 chunks 10:3 church 118:13;121:12,16 churches 118:14 circulated 63:23 circumstance 92:2 circumstances 83:5;91:20 cities 81:2 citizen 112:4,22;113:5; 114:15 citizens 86:7;95:7;98:20; 101:2;105:19;107:17 citizens' 115:2 city 10:8;81:6,11 claiming 20:4 clarification 26:2 clarified 29:21 clarify 32:8;48:20;71:12 class 41:14;43:21 Clay 7:1,3,17;36:3,9;56:5; 107:7 clean 99:19;100:3;101:15; 107:23 cleaned 139:12 clear 82:22;93:2,19;99:13 clearly 70:15;71:8;81:17; 114:19 clerk 98:16 client 74:15;80:5;92:6,15 Climate 121:12 Clinton 32:23;33:15,15; 81:22;82:5;114:11 close 79:22;105:2;132:13; 135:17 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] bring - close ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 closed 60:5;65:21;66:6 closer 42:12 closes 96:13 closest 117:3 closing 61:4;74:9;75:9;83:2; 92:21;95:11;122:5; 126:3;133:2 clothes 8:23;10:22 clover 46:7 coagulate 10:9 coal 9:7 Code 58:10 coffers 97:8 collateral 92:12 colleagues 122:20 collected 97:6 collection 5:20 collectively 121:15 colorful 69:12 column 42:10 comfort 51:2;87:5;104:8; 122:17 comfortable 42:12;114:1,6,22,23; 115:1 coming (15) 41:20;43:9;44:14,18; 45:13;46:2;51:9;57:18; 63:4;83:3;100:11; 102:9;108:21;114:18; 136:10 commencement 77:14,20 comment 12:15;53:22;69:9; 73:3;83:20;120:19 commented 38:7 comments 116:20;132:11; 142:15 commercial 76:9,13;138:19 commission 112:2 commissioner 90:16 commitment 101:15 common 8:3;13:3;14:6;15:19; 124:17;133:2 commonality 12:16 commonly 5:13;6:4,18;7:1;11:6, 13 communities 81:2;106:18 community 54:8;81:13,20,21; 104:6;109:8 commuting 93:7 companies 97:7;100:21;101:1; 106:20;115:2,4 company (36) 6:9;26:13;56:14; 57:18;59:3,6;60:1,14; 65:18;68:2,19;75:22; 76:4,6;77:2,6;89:6; 96:2;97:11,18;98:2; 99:4;103:15,17,22; 105:18;106:4;107:17; 108:6;109:11;110:8; 120:16;121:22;124:9; 126:9;132:16 company's 70:15 comparable 14:1 comparisons 20:23 compatible 138:17,22;140:19 compelling 120:3 compensate 120:17 competing 113:22 complaining 84:11 completely 130:13 completion 64:19 complex 34:21 complexities 123:21 compliance 27:23 compliant 28:1 complicated 113:3 complications 124:12 compliment 75:7 compounds 45:9,15 comprehensive 86:8 compulsory 46:21;57:23;58:6; 59:7 concede 58:21;73:16;79:19 conceivable 134:4 concentrated 15:13 concentration 103:1 concern (13) 27:23;42:15;97:22; 102:16,17;103:1; 127:4;130:6,8,13; 132:15,19;137:19 concerned (18) 8:1;20:10;30:15; 47:18;73:5;85:6;95:13; 99:17;101:21;102:2; 111:5,17;117:20; 125:20;137:20;139:5; 140:5,6 concerning 111:8;117:14 concerns (11) 45:7;96:16,19;103:2; 110:12,14,17,21;117:9; 140:13,15 conclude 98:12;132:14 concluded 93:14 concluding 90:9 conclusion 97:10 conclusions 79:14 condensate 45:15 condensed 52:17 condition 53:3;86:15 conditioned 90:17 conditions 9:23;50:18;84:12; 90:11 conduct 3:16;60:1 cone 10:10 confederacy 108:17 confidence 123:18 confidentiality 48:4;56:8 confined 139:13 confirming 77:3 conflicting 123:11 conformance 89:20;138:3 conforms 90:6;141:13 confused 23:23;141:15 congestion 89:9,17;137:15 connect 33:13,14,15 connected 32:22 connection 4:19;11:5;80:5 connectivity 30:20,21 conscientious 29:3 consensus 54:7,9;132:5;136:16; 141:16 consequence 81:16 consequences 106:19 conservation 68:14 conservationist 70:19 consider 109:1,3,6 consideration 76:14 considered 86:17 considers 109:9 constantly 105:6;131:9 constitute 3:15 constitutes 138:8 construct 26:23 construction 26:13;28:3,14,16; 34:14 consultant 78:10,20,22;79:1; 120:21 consumed 81:13 consumer 75:3,4 contact 12:1;65:13;132:13, 18 contacted 132:16 contained 95:23 container 5:21 containment 13:9;136:11 contains 36:19;117:5 contaminant 96:1 contaminants 99:21;117:8 contaminate 99:20;127:17 contaminated 34:3,5;100:21;105:1 contamination 13:17;95:22,22; 105:3;125:14 contaminations 108:14 contemptuous 121:7 contending 51:5 content 9:4 contested 127:10 context 68:6,7;94:19;95:7 continuation 3:1 continue 60:18;65:7,11; 101:14 continues 131:13 continuing 108:19 contour 30:9 contract 120:17 contractor 5:3,13,15 contrary 78:23 contribute 33:3,22 control 8:10;9:6,8,14,21; 88:15 controlling Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] closed - controlling ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 9:18 conventional 97:9 conversation 60:4 conversations 108:8 convert 57:9 convince 122:20;126:6;129:1 convinced 92:13;129:6 cool 7:11 cooling 7:14 coordination 74:23 copied 60:13 copies 30:12 copy 4:2;55:8 core 130:1 corn 13:6;102:8;139:14 corner 102:8 cornfields 13:4,18 corporate 60:8;61:1;76:3; 107:12 Corporation 65:4 corporations 113:8 correcting 78:7 correction 43:21 correctly 28:5;53:17 cost 5:9 costs 47:13;96:14 cottonseed 35:22 counsel 94:23 count 21:3 Counties 76:11 country 100:20;109:23; 133:10,11;136:9 County (74) 42:10;50:21;53:5,12; 55:13;56:5;58:2,2,10, 11;59:10;74:17,18; 75:11;76:12;82:14; 86:7;88:14,17,18,20; 89:3;90:13,14,20;92:7; 97:2;98:7,14,20;101:3, 15,21,22;102:11; 104:5;106:23;107:15; 108:13;109:10;110:8; 112:5,5,22,22;115:20; 116:22;117:1;118:1, 14,15;119:4;121:18,21, 22;123:20;124:16; 125:23;126:2;129:14; 131:2;133:8;136:21; 137:10;138:13;139:1; 140:22;141:6;142:1,3; 143:16;145:3,3,5 couple 21:20;29:19,23;85:5; 138:7 course 49:3;79:10;86:14; 88:18;117:1,7,15 court 74:23 cover 27:6;134:10 covered 68:13 covering 73:17 cream 10:10,12;23:10; 37:23;38:5,9 create 83:18 creation 76:4 credentials 79:17 credibility 134:5 creek 37:13,14,15;60:3; 61:5 crew 6:1;110:3 crewed 11:17 criminal 60:7 crop 139:18 crops 21:21 cross-examination 59:23 cross-examined 79:13 cultural 115:7 current 34:12;67:20 currently 70:9 cut 40:8;41:8;42:17; 44:20;121:23 cuttings 7:8;36:3,8 D dairy 51:19 damage 24:15;45:1,5;87:19; 96:7 danger 24:15;71:10,22;72:1, 5;125:6;129:7 dangerous 15:14;22:19;45:10; 103:15 dangers 129:15 Daniel 29:6,22;31:14;80:13 Daniels' 32:8 Daniel's 30:3 Danvers 21:20;69:6;99:3; 102:10 data 43:16;48:6;113:23; 124:23;130:4 date 34:4 dated 4:8;60:11;63:19 Dave 116:3 David 109:13,14 day (13) 11:19;14:12;20:14; 21:5;40:21;41:18; 48:21,23;49:1;51:10; 60:7;134:10;137:18 days 11:19;78:1 day-to-day 129:17;130:7 DD 10:13 deal 11:6;46:17;54:10; 91:1;128:21;129:17; 134:17 dealing 40:9;41:3;95:6 dealt 78:8;81:18;83:14; 87:17,17;92:12 decades 125:13,14;133:7 decided 60:9;103:6;113:18 decides 47:2 decision 60:8;61:2;98:19; 107:20;109:8;116:4,16 decisions 126:23 decline 49:4 dedication 118:10 deemed 116:8 deep 5:17;20:1;53:4,14, 20;55:15;90:19;105:3 deeply 96:19 defendants 119:6,9 deficiencies 77:23 deficiency 113:23 define 53:13 defined 55:16,19 defines 30:10;47:1 defining 7:21 defy 82:12 degrade 108:15 degraded 100:17 delay 3:17 deliver 5:23;76:18 denial 101:1;143:16 denied 142:4,6 Dent 60:16,16 deny 109:10;117:22; 143:16 Department (10) 60:12;61:3;83:3,8, 18;90:13,14;91:8,11; 98:17 depend 26:9,12;100:3 dependence 99:15 depending 8:14;15:6 depletion 131:17 deposits 36:16 depth 36:17 describe 6:21;20:13 described 26:1 describes 56:12 describing 26:3;36:15 description 78:16 deserves 79:22 designed 89:8;137:15 desirable 135:5;138:19 desired 43:23 despite 100:21 destroy 107:11 detail 87:8 detect 57:4,6 detergent 10:14,18 determination 119:21 determine 30:8;120:13 detrimental 87:4;122:16 developer 96:21 development 64:20;87:23;98:7; 136:23 developments 98:10 devil's 126:16;139:8 devour 23:2 DICK (22) 3:3,5,7,9,11,13; 16:21;33:8;66:22; 109:5;142:11,18,23; 143:9,19;144:5,13,15, 17,19,21,23 difference 16:7;66:12 different Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] conventional - different ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 16:4;23:12,18;38:11; 115:1,4,6,7;139:11 difficult 9:18;104:1;125:7 difficulty 36:1 dig 87:20 dikes 13:9 diligence 94:18 diligently 83:9 diminish 87:13;120:1;132:10; 133:4 direction 26:15;80:17;102:10; 121:19,20;136:11 directions 117:3 directly 31:14 dirt 13:3;22:18;25:10,20; 26:11,11 disagree 137:4 disagreeable 21:7 disappointed 103:5 discharge 60:19,20;62:4;65:8 discharging 60:2,22;61:5 disclaimed 121:6 disclaimer 133:7,13 disclosure 105:15 discover 34:17 discredit 99:4 discuss 122:9;136:18;141:22 discussed 91:15 discussion 93:18;122:11,14; 142:9 dismissed 119:5,8,15 disposal 13:12;96:8 dispose 55:6 disposed 54:18,18 disposition 77:3 dispute 90:22;91:18 disregard 101:1 distance 80:11;137:17 distinct 125:10;132:21 distributed 81:12 distribution 81:6 district (13) 58:12;86:9,13;88:1, 9;89:21;90:1,7;137:2; 138:4,7,10;141:14 divided 142:15 division 13:10;98:16 DMR 60:19 DMR's 60:18;65:7 DNR 82:14,21;83:13; 122:23 docket 17:17 doctor 99:8 doctor's 36:6;68:11 document 29:6 documents 29:11,20 dollar 47:4;60:7 dollars 57:10 don 27:17;59:20;69:10, 14,20 done (12) 50:3,5;51:14;56:1; 74:22;78:5;84:20; 95:10;115:12;124:1; 127:3;134:4 door 62:7,10 dotted 33:11 dotting 139:3,10 double 126:9 doubt 58:4;71:23;84:15,16; 93:16 down (39) 4:3;7:7;9:15;13:15; 22:2;25:7,13;27:4; 31:6;36:16;42:7;49:4; 52:16,18;61:18,19,22; 62:12;69:10;71:2,9; 81:22,23;82:3,5;89:14; 96:13;102:4,13; 113:20;120:5;126:1; 127:15;129:8;131:19, 20;135:20;138:14; 143:23 Downs (17) 20:22;32:14;40:14; 43:8;44:2;46:3;50:21; 88:15;90:13;102:22; 103:4;104:22;106:5, 23;109:15,20;115:23 downwind 103:11 DR (86) 16:19,23;17:5,8,12, 16,23;18:3,8,11,17,21; 19:5,11,15,22;20:6,8, 17,19;21:8;29:12;40:1, 7;44:16;47:17;48:8,9, 14,17,22;49:12,16,20, 22;50:5;51:1,7,12,14, 18,22;52:4,8,13;53:1,6, 9,13;54:2,5,6;55:4,14, 20;56:13,20;57:3,8,15; 58:4,14,17;59:1,12; 67:16;69:11,14,22; 70:5,17;71:6,6;79:4,5; 80:13;83:23;84:14; 94:8,10,16;100:15; 118:21;125:3,8;136:1 drainage 62:5;88:11;117:7; 137:7 draw 95:12;142:12 dreamed 133:17 drill (22) 5:2;6:5;7:9;8:15,17; 9:3,9;10:18,20;11:2; 24:3;26:20;32:21;37:2; 70:11;76:16;106:12; 117:12,17;121:5; 134:8;140:17 drilled (13) 13:2;30:12;34:19; 35:6,10;43:2,3;59:3; 80:19;101:9;133:20, 22;134:3 driller 26:17 drilling (67) 4:2,19;5:3,7,14,16, 18,23;6:9,16,17,19;7:6, 7,9,12,12,18;8:19;9:10, 12,14,16,18;10:6,14, 18;11:2,8,16;12:3,4; 18:6,14;26:23;27:18; 34:4,5,6,16,17;35:3; 46:14;57:7;58:11; 64:19;69:23;77:20; 80:20;81:17;82:20; 86:11;89:23;99:7,15, 18;101:7;105:13; 106:21;108:3;110:4, 23;116:23;124:18; 125:8;133:14;138:21 drink 103:13;130:14 drinking 96:1;110:14;114:21 Dris 9:20;38:18 Drive 16:20;26:5;40:2; 69:15,16;101:12; 135:11,13 driven 52:2 drivers 17:1,6 driving 17:2;26:11;93:21 drop 49:4 drops 44:15 drove 69:10;70:10;71:19 Drs 29:23 dry 27:1;43:2;78:3; 101:7;121:23 drying 38:7 due 12:7;60:5;76:21; 103:22 dug 104:12;106:2 duly 81:18,18 during 8:19;14:9;59:22; 110:12 dusty 15:15 dwelling 70:10 E Eagle 46:13 earlier 12:3;22:23;36:5; 48:4;59:23;113:21 early 133:23;136:7 earth 54:20 earthquakes 53:19;54:9,12,13,15, 21 easier 124:19 easily 23:23 East (11) 12:19;39:6;40:16,20; 41:8;59:20;61:17,17; 63:5;109:15;115:22 easy 5:21 eat 99:11 Ebola 15:16 economic 60:8;61:2;114:20; 138:12 edge 101:13 edges 26:4 effective 80:7;82:21 effects 100:7 efficiency 44:8,14 effort 82:2;110:19;113:14; 131:17,18 egress 89:8;137:15 eight 25:5;40:19;43:3; 69:23 either (14) 18:20;22:20;41:13; 45:17;56:9;78:7;87:20; 91:17;103:9;111:1; 123:13;129:1;137:22; 144:6 ejections 53:15 electrical 70:22 electronically 60:19;65:7 elements 4:5 else 43:15;44:6;69:4; 74:6;98:19 emissions 44:21;50:9 emitted 140:11 employee 105:11 Enbridge Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] difficult - Enbridge ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 113:10 encompassing 130:5 encounter 9:11;35:20 end 7:11;115:6,23;122:1 endanger 87:4;122:16;123:17 ended 60:4 endorse 75:4 energy 92:5;101:15;103:1; 115:7;121:20;127:9 engineer 6:11,12 engineering 5:8 engineers 50:6 enhanced 138:11 enhances 12:6 enjoy 109:23;110:2,20 enjoyment 87:11;111:20; 119:23;132:8,20 enjoys 76:7 enlightened 113:15 enough 117:23;136:9 ensure 27:16,23;123:3,14 enter 120:16 entered 30:20;50:20 entertained 121:3 enthusiasm 75:17 entire 36:17;78:11 entity 76:3;81:5 environment 8:14;98:5;99:12,16; 108:15;129:22 Environmental 60:13;61:3;65:19; 103:23;104:3;138:12 envisioned 133:14 EPA (10) 42:14,14;43:16; 59:23;60:5;61:2;66:6; 82:14;95:21;96:2 equipment 11:10;13:19;15:3; 27:3,17;76:16 eraser 7:11 erosion 22:18 essential 8:11 essentially 133:10 establishing 77:21;99:5 establishment 89:19;138:2,16 estimate 41:1 estimated 117:4 et 28:13 even (26) 39:3;40:15;41:6; 47:12;61:10;69:13,13; 70:9;88:2;93:7,18; 99:21;105:2,21;107:7; 108:4,4,13;110:8; 113:19;119:7,13; 120:16;121:3;123:12; 124:14 evening 63:22;93:3;115:11; 116:17 event 11:22;83:3 events 56:12 eventually 32:23;33:14 Evergreen 81:7 everybody 74:18;85:6;127:11; 143:22 everyday 129:20 everyone 93:2;94:7;115:12,18; 117:2;142:2 everyone's 131:15 everywhere 135:9 evidence (11) 13:13,16;17:17;20:5; 21:2;39:22;41:7;60:21; 72:4;83:15;101:5 exact 59:5 Exactly 38:3,4;57:16;79:5; 99:8 examination 31:18 example 44:13;46:12;124:4 exceed 34:12;96:14 excess 14:8 exclusive 68:16;88:3 excuse 47:4;63:23;88:13 executed 88:23 exemplifies 120:20 exercise 99:11 exhibit 64:6;76:20 exhibits 8:12;80:15 exist 77:23;97:21 exists 70:10 expand 18:15;30:2 expands 7:3,4;8:12;46:15 expect 11:3;120:4 expended 22:7;23:1 expensive 38:19;125:9 experience 28:22;82:8;106:18 experienced 17:2;94:23 experiences 79:18;118:19 expert (11) 8:7;23:5;40:4;66:20; 69:18;75:19;80:17; 86:5;95:4;98:2;99:7 experts (11) 31:2;95:9;98:3,4,14, 18;99:5,6;105:21; 113:6;120:10 explain 4:4;23:7;75:10; 143:14 explained 76:23;77:5;78:19 explanation 82:12;130:5 explanations 105:9 exploratory 35:2 explore 38:15 exposure 96:6 expressed 79:20;80:13 extend 31:16,17 extends 95:16 extensive 19:7,10;46:12;125:8 extent 83:23;88:21;109:1; 128:16 extract 76:17;106:2,14 extracting 34:7 extraction 105:4 extremely 112:11;125:4 eye 45:19,19;103:12 eyeglasses 27:19 eyes 45:23;63:11 F face 40:14;43:10;46:3; 48:1 faced 57:16,17 faces 96:12;108:21 facilities 13:5;88:12;137:8 facility (15) 41:21;60:5,15,16; 62:2,8,14,22;63:10; 64:15;65:12;66:6;68:1; 81:6,9 facing 20:22 fact (20) 12:7,14;15:20;41:1; 55:11;56:1;59:12; 75:14;78:21;86:12; 96:13;97:11,14,17; 100:18;111:2,22; 112:1;120:15;126:2 factors 78:18 facts 4:6;75:19;86:19; 103:2;105:20;127:16 factual 69:12,14;72:4; 130:20 fail 83:8 fair 100:17;141:10 fairly 38:18,20;92:8; 111:12;130:5 falling 56:7 familiar 7:22;16:3;17:12; 19:6;53:2;57:12 families 100:5,7;108:20 family 109:22;111:16,23 fantastic 70:1;72:6 far (10) 85:9;91:5;102:2; 110:16;131:19;132:23; 136:11,11,12;140:5 farm (12) 8:4,8;13:3;51:17,19; 96:18;115:4;124:2; 127:4;128:7,16;135:6 farmed 51:13 farmer 13:6;51:19;85:23; 107:6 farmers 8:1;24:12;89:12; 131:13 farmer's 22:19 farmhouse 70:1;72:7 farming 7:22;40:10;51:9; 84:5;131:6,10 farms 44:7;102:14;127:7,8, 12;128:13;136:11 farther 37:8 fashion 106:12 fast 22:3 fatal 102:17 father 136:6 favor 101:19;136:22; 142:17 favorable 143:21 fax 6:14 fear 110:15;124:3 federal 95:21;103:19 fee Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] encompassing - fee ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 47:4 feel 29:2;105:19;123:19; 126:7;129:11;135:3 feelings 84:14 feet 20:1;43:4;69:23; 77:16;87:20;111:7; 117:4 Fell 27:12;112:20 F-E-L-L 27:12 felt 12:22;89:1 fertilizers 8:5 Fesenmyer 103:21 few 27:13;73:6;113:17 fides 79:19 field (31) 5:7;12:13,20,22,23; 14:8;25:17;30:3;39:6; 40:16,21;61:11,13; 63:5;67:21;68:5,18; 69:9;70:13;71:5,9,10, 17,20;73:4;89:13; 100:6;103:8;104:21; 108:12;109:21 fields 16:3;43:9;111:13; 117:3;136:8,12 fifteen 11:18;38:22;47:4 Fifth 47:21 fifty 14:8;39:7;49:1;60:6; 126:18 figure 49:2,6,8 figured 143:5 file 48:6 filed 94:21 filling 57:18 filter 9:17 filtered 9:16 filtrate 9:9,13,18,21 final 83:20;97:1;98:13; 107:20 Finally 46:17;48:3;86:17; 90:5;113:14;114:6,16 financial 89:2 find 62:10,14;76:9;84:6; 85:19;106:3,10 finding 59:23;129:23 findings 87:1;142:12 fine (12) 9:8;18:17,21,23; 19:2,3,4,22;47:4; 49:21;65:22;70:7 fines 60:7;77:4;123:8 finish 74:13 finished 12:4 FINNEGAN 3:4;140:16;142:5; 143:7,12;144:8,11,14 Finnigan 3:3;126:16;127:15, 23;133:19;134:1; 142:8;143:9;144:13 firm 104:19 first (22) 6:23;11:9;27:14; 29:22;35:2,5;49:5; 64:2,13;66:16,19;69:8; 73:20,22;87:3;94:21; 104:12;117:11;122:15; 139:6;141:1;142:2 firsthand 111:10 fit 131:22 fits 40:10 fitting 83:2 five (10) 38:23;43:19,20;80:2; 82:11,18,19;91:7;94:9; 137:13 five-year 91:6 fix 87:21 flare 44:8,14;45:12;52:19; 103:17 flared 111:15 flares 42:1;44:7,11,18; 45:7;46:11,14;50:3 flaring 44:1;46:12;100:10; 105:16 flat 24:12,15 flooding 70:17 flowing 37:12,16 fluid 4:2;5:10;6:19;7:6; 9:14,16;11:2;27:18; 55:23 fluids 5:4,7,8;6:9;7:7;9:10, 12;18:14 fluke 107:23 fly 139:18 focus 119:21 focused 113:13;115:5 FOIA's 113:14 folks 79:10;82:1;86:16; 94:5;98:13 follow 31:8;34:11;46:18 followed 73:8;85:8 following 76:4 food 10:11;23:9;38:5,8 foot 38:23;39:1 Forbes 59:5 forced 46:20;47:8,19;59:2,7 Ford 46:13 foremost 126:23 forever 34:9;108:5,18 form 15:13;31:11 formaldehyde 44:23 formation 42:9,20;52:16 formations 9:10;42:16,18; 105:12 formed 81:23 former 29:13 forth 4:17;26:5 forty 126:18 forum 113:9,19 forward 81:11;86:13,16; 88:23;117:2 fossil 99:15 found 86:5;95:21;105:15; 116:14,23 founder 76:5;108:17 four 20:1;43:20;95:12; 126:22 fourth 137:6 frack 56:1,4;106:13 fracked 56:3 fracking (12) 54:16;55:18,21;56:6; 91:16;97:18,21;105:4; 106:6,16,21;124:20 fractures 54:19 fracturing 91:13,20;92:2;97:15, 21;124:13,17 frame 93:2 frankly 66:14 Fred 103:21 free 37:12;93:23 French 126:12 frequently 6:20;8:9;75:6 fresh 7:4;11:16;34:13; 107:2;108:1 friend 57:16 front 4:1,16;55:7;63:18; 64:7;118:16 Ft 98:9 fuel 44:16 fuels 99:15 full 44:4;102:7;105:15; 108:23 fully 77:22;78:19;98:5; 118:1 function 4:5;44:8;83:19 functions 83:4 furnish 5:3,16 furnishing 77:2 further 31:8,15;129:8; 138:14;142:9;145:6 future (10) 34:6;100:2;107:19; 114:20;124:10;125:18, 23;127:1;129:13,22 G gained 86:4 gallons 38:22;55:23 gamble 126:8 garden 96:20 gas (24) 13:10;34:3,5;36:15; 44:7,22;52:19;58:8; 64:20;69:19;98:17; 104:4,13;105:5,7,16; 106:13,17,20,21;108:6, 11;121:14;123:7 gases 103:17 gathered 97:4 gave 35:15;94:5;99:3; 119:6 Gel 6:23 General 56:8;80:8;92:12; 111:19,23;145:5 generates 7:9 generating 10:2 generation 76:4;108:19 generations 100:3;108:19;109:9 generic 6:7 genetic 96:7 geologic 32:7 Geological 19:16;49:23;53:17; 61:15 geologist Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] feel - geologist ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 36:7;125:4 geologists 76:12 geology 99:6 gets 7:5;10:17,17;130:11 Gher (11) 100:15;115:10,11, 15,15,22;118:23; 124:6;133:5,8,12 G-H-E-R 115:16 Gher's 124:6 gist 74:12 given 17:17;65:17;92:23; 95:3;110:7,16 gives 40:20;41:8;42:19,20; 86:14 giving 112:4,6;114:7 glaciers 36:17 glad 55:8 glasses 15:11,20 gloves 15:11 God 134:9,12 goes (10) 43:11;47:9;52:20,20; 60:17;81:9;89:5; 131:19,19;145:2 good (24) 26:19;29:1,2;41:1, 11;44:7;45:1,17;46:6; 63:22;75:8;76:7;77:6, 6;79:11;92:20;95:13; 96:6;101:5,10;115:11; 116:21;117:16;121:6 government 112:9;138:15 grabbing 106:16 grade 10:12;23:9;38:5,8 grain 89:13 grandchildren 107:19;108:20; 129:13 grandfather 88:7 grandkids 126:22 Granted 20:18;50:19 great 74:17;75:1;128:18 greatest 127:22 greatly 66:17 greenhouse 121:14 grew 135:8 ground (17) 18:4;38:16;52:12; 69:21;73:9,16,18,19, 20;95:3;103:17; 107:14;108:1,22; 134:9,13;140:1 groundwater 28:13,17;42:22 group 3:22;81:23;82:1 groups 114:16 grow 8:2;20:2;139:14 growing 107:14;108:1 guarding 107:2 guess 23:20;24:2;67:14; 83:23;117:10;123:8; 130:6;134:18 guide 74:21 guinea 144:12 gullies 19:23 guy 134:7,16 guys 14:19 H habitat 70:18 half 43:20;102:7 Halliburton 56:4 Hamburger 54:6 Hamilton 76:10 hand 40:15 handful 50:14 handle 104:13 handled 80:10;96:10 handling 14:20;15:1,12;22:20; 27:17 hands 46:16;108:5 happen (12) 41:13;58:19,21,23; 82:17;99:21,21; 100:18,22;107:22; 126:15,21 happened 58:18;126:17 happening 45:20 happens 51:17;101:21; 108:12;124:6;126:12 happy 115:5 hard (15) 7:13;8:22;9:3;10:4, 17;21:5;28:23;51:8,15; 93:11;95:8;96:23; 104:13;110:18;113:2 hardest 51:20 harm 11:23;125:2 harvest 22:16 harvesting 24:17 hauling 124:9 hazardous 15:4,4;129:18 hazards 111:15 haz-mat 15:16 health (18) 22:20;44:19;45:1; 82:14,15;87:4;98:5; 104:8;108:15;111:13, 15,16;116:6;117:14; 122:17,22;123:15,17 healthy 99:10,11,12,16; 100:4,12 hear 6:19;100:14;141:23 heard (19) 23:5;61:10,11;65:16; 67:19;90:20;95:17; 98:1;99:16;123:3,4,11; 125:10,13,17;128:7; 130:18;132:21;137:9 hearing 47:5,10,10;77:10; 101:18;110:9;132:4; 142:1;145:8 hearings 115:3 hears 75:7 heart 98:21;99:8 heave 10:2 heavily 102:11 heed 108:16 held 76:3;122:11 help 9:1;71:12;132:14 helped 74:21 helps 12:8,9 Herber 115:10 here's 44:12;104:18 Herr (101) 3:23;4:11,15,20;5:1; 11:12;12:2,19;14:4,10, 13,22;15:9;16:5,8,16, 23;17:3,7,11,15,21; 18:2,6,10,12,19;19:3,9, 13,18;20:3,15,18;21:1, 22;22:4,7,13,22;23:8, 14,17,22;24:5,8,13,18, 22;25:2,14,22;26:2,9, 12,22;27:6,21;28:6,15, 22;29:7,15,17;30:5,11; 31:3,18;32:9;33:4,18, 23;34:10,18;35:5,9,18; 36:11,21;37:3,6,11,17, 21;38:1,4,17;39:4,10, 13;40:12;49:13;61:11; 78:10,19,23;79:4; 80:12,17;93:5,20 hey 5:15;15:19 high 9:4;41:22;44:17 higher 42:8 highly 23:6;106:11 highway 90:13,14 hints 87:6 historic 100:23 historically 139:23 history 34:2;39:14;67:20; 79:21 hit 131:12 hog 135:6;136:11,12 holds 49:11 hole 7:15,16;9:23;10:1, 15,19;27:1;121:23 holes 43:2 home 75:22;85:18;104:11; 121:18 homeowners 120:7,12,16 homes 120:3;133:6 homestead 110:23 homesteads 111:4 honest 15:21;127:20 Honestly 134:18 hope 4:1;92:13;116:17; 117:22 Hopefully 40:17;116:19 hoping 85:18;116:13 horizontally 56:3 horrendous 111:12 hose 62:3;63:2 hostile 121:7 hours 11:19;93:21;110:12; 113:1 house 57:4;70:4,6;71:3; 110:3,5;130:15 Howard 41:7 Hudson 139:18 huge 125:16 hugely 119:18 hulls 35:22 hundred (20) 38:20;43:4;46:22,23; 47:4,12,19;48:1,23; 49:1,12,16;55:23;57:9; 69:23;80:19;111:7; 117:4;124:23;129:11 hydraulic 91:13,20;92:1;97:15, 21;124:13,17 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] geologists - hydraulic ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 hydrocarbons 44:18;45:14 hydrology 99:6 hydrolyzed 9:22;23:15;37:19 Hydroxide 7:19 hypothetical 43:6 I ice 10:10,12;23:10; 37:23;38:5,8;130:15 idea 40:13;41:11;42:9; 86:3;99:9;103:9,10; 143:7 ideas 107:21 identified 90:8 identify 76:19;85:2 IDNR 47:2,4;123:12,13 ifs 130:18 ignored 83:14 Illinois (32) 5:6;14:6;19:6,8,15, 23;29:14;32:14;42:14; 43:17;53:16,17;57:16; 58:8;59:21;61:15;73:6, 10;76:11;78:12;97:6, 15;98:17;102:22; 104:22;106:6,15,23; 109:15;115:23;122:23; 123:5 Illinois' 104:2 illustrate 16:9 imagine 73:8 immediate 62:13;87:12,14; 100:8;120:1,2;132:9, 11 immediately 80:21,22;120:18 impact 80:14;82:9;85:3; 140:12 impede 87:23;136:23 implement 90:17 implicate 84:20 implications 68:8,10;86:1 implies 104:2 importance 92:10;138:13 important 58:6;78:18;96:11; 105:10,12,20;119:18; 120:14;127:2 imposed 50:19;65:22,22,23; 77:8,17;81:14;89:1; 90:12 impossible 106:3 impressed 94:17 impression 18:22;73:6 imprisonment 60:7;65:22 inadequate 123:14 inappropriate 120:8 Inc 4:8 incident 11:22;105:18 include 6:4;104:22 Included 77:9 including 68:13 inclusion 82:4 inconceivable 132:12;135:16 inconsistent 66:1 increase 111:1 increased 54:13 increases 44:10,12 increasing 54:15 incredibly 113:1;129:19 indeed 43:10 independent 104:19 indicate 34:2;76:21;83:15 indicated 65:20 indicates 64:14 Indicating 33:7;46:2;76:13 individually 121:15 induced 54:14 industrial 40:11;50:6;107:10; 131:5;138:19;139:4 industries 8:11;104:5,13;131:1 industry 48:6;76:8;78:11; 80:6;118:1;123:10; 128:4;129:4,18 inefficiency 44:10 inefficient 44:12 information 4:6;5:5;76:12;77:2; 114:10;117:23;130:19 infrared 45:12,22;46:1;56:23; 57:1,4,6 ingress 89:8;137:14 inhabited 70:10 inherit 107:20 initial 110:5,13;112:12 injected 52:11 injection (19) 13:12;41:14;43:12, 17,22;53:5,12,14,19, 20;54:8,23;55:3,13,15; 90:19,21,23;105:7 injurious 87:11;119:23;132:8, 20 input 74:19 inquire 93:8 inside 62:8 insignificant 116:9 inspect 43:18;83:9 inspected 17:9 inspection 17:9 install 11:10;76:16 installed 39:9 instant 83:6,6 instead 10:2 instructed 15:10;26:13 instructions 14:20 integration 46:21;47:3,20;57:12, 23;58:7;59:2,8 integrity 66:18,21;67:2;84:16; 107:6 intend 122:19 intended 31:19 intensity 15:8 intent 77:18;89:21;138:3,6, 7,21 intention 25:11 interconnected 32:6 interconnectiveness 125:12 interest 47:11;131:15 interested 16:15;59:16;68:23; 72:16;74:3;87:16; 92:22 interesting 21:9,10;89:10 interests 106:22 intersection 61:16;62:12 intersections 102:7,15 intervals 104:20 into (29) 9:11,13;13:23;18:19; 22:12;32:23;33:9;34:7; 36:8;40:19;41:7;42:16, 22;47:8,20;50:20; 52:11;59:2,7;60:21; 61:5;62:5;66:23;80:19; 97:8;100:9,9;120:17; 129:3 invade 82:10 invading 106:17 involved 50:16;78:18;119:3; 121:17 involves 42:13 involving 56:2;105:18 Iroquois 108:17 irreplaceable 138:9 irreversible 45:5 issuance 75:12;88:19;104:9 issue (35) 30:6;31:20;40:11; 41:16,23;42:13;43:10, 23;44:1;45:6;46:10,17, 20;47:18;48:3;54:11; 58:5;61:8;83:11;86:3; 87:8,17;92:12;96:7,10, 11,15;111:12;114:11, 14,18;116:10;119:3,17, 18 issues 40:8;57:6;92:11; 95:6;112:23;113:4 J Jack 118:4,6 jacks 25:9;70:23,23 jam 51:5,8;89:11;102:3, 17 James 64:10 Jim 3:3;76:5,23 job 29:4;75:2 Johnson 44:16 joined 109:18 Joyce 122:2 Judging 106:1 Juergen 72:22;109:13 J-U-E-R-G-E-N 72:23 Julia 3:9 July 94:21 justice 121:17 K keep 97:14;112:10; 131:16;139:16 keeps 130:10 kept Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (10) hydrocarbons - kept ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 123:2 key 40:8,11 KEYLIN (31) 32:13,13,17,19;33:6, 8,10,20;34:1,15,23; 35:7,11;36:2,18,23; 37:4,9,15,18,22;38:3, 10;39:2,5,12,15; 102:20,21,21;109:6 K-E-Y-L-I-N 32:14 kick 22:17 kidneys 99:9 kids 126:22 kill 18:5 kills 13:13 kind (18) 4:3;15:20;16:11; 27:16;33:11;40:13; 62:9;81:5;85:3;116:7; 122:21;124:11;126:15; 129:12;134:2,11; 136:13;140:17 kinds 96:16 KNAPP 94:8;144:3 knew 86:19 knowing 100:11;106:6,8; 129:8;130:17 knowledge (24) 11:21;14:7;29:13; 31:15;35:17,19;36:12; 53:23;56:11,14,19; 57:1,14;67:2;71:3; 72:6;73:18;75:19,20; 96:3;105:11;106:19; 111:10;114:1 known 8:21;81:18;86:11; 114:3;125:15 known/unknowns 114:2,3,23 knows 70:8,9;81:11;94:7 Kuritz (13) 3:5,6;64:1,3;72:9; 126:6;136:6;137:5; 139:8;142:7;143:3; 144:15,16 Kurtz 142:9;143:10 L lack 76:21;105:11,15; 114:1;118:22 lady 139:17 laid 36:16;52:16 Lake 32:23;33:15,15;81:7, 8 land (24) 8:4,8;11:14;12:3; 13:3;21:23;28:13; 37:16;96:17;104:14; 106:16,22;108:12,14; 111:2,4;116:15; 129:21;131:13;138:8, 9,11,16;140:3 landfill 81:22;82:5 landowners 12:5;80:8 landscape 139:3 lane 102:6,6 Langenfeld 6:12;10:20;38:2 language 77:11,16,19 large 22:23;43:7;54:17; 113:7 largely 78:15 larger 33:14;36:5;125:18; 134:16 last (13) 10:10,13;24:3;55:5; 61:8;65:10;67:15;73:6; 109:18,19;115:15; 126:18;141:11 late 114:14,18 lately 136:2 later 19:17;124:20 law (12) 46:18;47:9;55:22; 58:5,6,7;83:17;97:17, 19;118:15,17;123:8 laws 104:2 lawyer 99:3;143:8 lay 114:2 lazy 102:15 leaching 11:23 lead 6:11;24:9,10;125:2 leak 43:19 leakage 13:16 leaking 62:22;69:19;73:9,19 leaks 13:17;57:4;103:16; 105:7 learn 104:14 learned 92:8,9;104:12; 110:11 learning 95:1 lease 26:4;34:8;76:15; 77:10,13;106:9,10 leasehold 47:11 least 11:3;92:23;96:5; 97:17;132:4;136:16 leave 93:10,23 leaves 43:22;62:4;63:3 lecture 134:11 left 18:22;62:7,14 legal 119:11 legislature 91:19;123:5 length 106:8 92:8 lens 61:23 less 39:2,4;47:16;55:22 letter 60:10;61:2,6;63:19; 64:9,14;65:18,23;77:3 letting 93:1 level 8:20;15:7;60:23; 131:18 levels 44:15;96:1,3,5 Lewis 60:3 license 118:18 life 78:11;84:9;100:4,17; 107:14,23 lifestyle 107:9;108:15 lift 10:4 lighting 17:14 lights 46:14 likelihood 58:22 likely 139:1 lime 8:4,9;16:2,3,4 limestones 9:12 limitation 91:6 limitations 77:8 limited 40:22;91:2 line 95:4 lines 32:21,22,22;33:6,11, 13;70:22 lining 89:12 liquid 35:23 liquids 4:18;35:13,14,15,21; 78:16 list (13) 4:2,17,23;5:20;6:3, 13,21;17:18,20;24:2; 35:15;45:17;104:18 listed 23:15;38:11 listen 98:21;113:1;115:20 listened 117:18 listening 103:1 listing 58:11 lists 130:3 little (21) 9:3;10:2;24:9,19; 32:20;33:6,11;38:6; 40:3,5;47:15;51:2; 52:8;61:14,21;63:7; 71:12;104:18;106:18; 127:21;141:14 live (17) 51:3,11,12;63:9; 72:8;81:3,6;85:3; 92:16;99:12;100:3,19; 102:10;103:11;109:20; 112:22;135:5 lived 70:2,3;71:16,21; 72:9;136:9 lives 93:6;98:4;101:20; 129:20 living 47:23;100:1;101:23 loads 17:14;21:4 local 37:5,7;42:22;95:22; 103:18;112:8 located (14) 5:6;53:5;58:2;80:1, 22;82:17,19;85:1; 89:22;90:7,20;131:5; 138:5;141:14 location 5:23;30:14;78:17; 138:15,18 locations 5:22 Locust 118:7 logs 30:12,17;31:19 long (18) 22:6;34:6,7;62:16; 68:12;70:2;71:3;83:2; 99:22;100:2,2;109:2, 17;113:1;124:10; 132:17;135:1;136:9 longer 40:3;62:20;118:17 look (14) 12:21;25:19;26:8; 45:12;50:7;54:12;55:7; 73:16;79:17;84:4; 101:13;117:2,15;130:6 looked (13) 12:22;13:7,11,14,17; 17:9;19:2;25:9;32:20; 33:1;61:12;81:10;88:2 looking 13:8;106:18;128:1 looks 42:10;61:21;103:8 loop 103:7 lose 111:19,21 losing 43:8 loss 120:17 losses 121:23 lost 48:16;86:4 lot (38) 22:18,18;28:19; 43:22;44:4;48:6;51:14; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (11) key - lot ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 56:7;58:18,21;61:9; 92:9;95:2;97:13;98:1; 99:17;102:14;103:4; 108:8;109:3;110:11, 19;114:4;116:11,14, 20;117:10;126:14,19; 128:12;130:7,18,18,19, 21;132:21;135:12; 136:4 lots 68:14;131:9;136:12 low 44:15;96:6 lubricate 7:12 lubricating 54:19 lubrication 7:13 lucky 86:7 lungs 45:2 lye 7:20;16:3 M M-2 86:9 ma'am 109:5 MacFarlane 60:4,11;63:21;64:10; 65:17;76:5;77:1; 120:19 machine 8:23;130:15 machinery 24:12,16;26:17 Macon 76:10 Madam (11) 18:12;19:19;21:11; 31:3;40:2;59:22;74:10, 13;93:5;94:10;118:7 mailbox 70:14 maintain 8:19;129:22 maintained 120:11 maintenance 89:19;138:2 major 42:15;44:19;96:15; 97:22;98:7;138:12 makes 9:17;10:15,18;42:12; 117:6;140:18 makeup 32:5 making 61:2;70:18;110:19 Malfunction-Short 82:23 man 31:3 manage 96:12 management 43:21 manager 114:9 managing 96:14 mandates 86:13 manmade 54:14 manner 30:8;87:18 manufactured 6:8,9;10:11;23:9 many (28) 3:17,18;21:4;27:13; 43:17;48:15;49:7,10; 61:19;68:13,13;80:18; 84:9,10;85:14;95:14; 96:4;100:18,18; 103:14;110:12;123:23; 125:21;126:1,8; 129:14,15;139:3 map 29:21;32:19;33:4; 42:23;61:14;88:3 March 64:16 Margaret 32:13;102:19,21 Marilea 115:9 Marion 59:4 Mark 114:9 market 76:18 Marketing 97:6 Marshall 80:12 Mary 94:6;122:4 masks 15:15 material 10:13;15:13;94:18; 130:4 materials 4:18;7:22;11:4,6; 12:1;32:7;38:13; 129:18 matter (12) 15:20;47:22;57:22; 65:13,20;77:1,3;78:15; 80:3;102:3;131:21,22 matters 83:10;105:12 matting 27:4 maximum 21:10 may (21) 8:15,18;10:1,3;12:9; 23:17;30:2;48:1;56:4; 77:23;89:23;93:14; 102:6;105:19;111:3; 116:4;128:10,10,11; 133:8;138:11 maybe (17) 10:1;24:6,9;38:20, 21;104:3;111:2; 116:13;127:7;134:14; 138:5;140:13,19; 141:7,17,18;142:16 McDaniels' 32:19 McLean (32) 42:10;50:21;53:5,12; 55:13;58:10,11;74:18; 76:12;86:7;88:18; 90:20;92:7;97:2;98:14, 20;101:3;106:23; 107:15;109:9;112:5,5, 21;115:20;118:15; 119:3;121:18,22; 129:13;139:1;140:21; 141:6 McMichael 57:17 mean (23) 14:23;15:1,2;21:3; 23:23;25:15,16,20; 26:19;34:18;35:19; 38:14;39:7;53:11,14; 66:5;93:23;123:23; 130:1,2,7;133:4; 139:12 meaning 34:6 meaningless 55:16,20 means 20:20;53:6,9,14; 69:18;103:8;138:10 meant 23:21 measure 85:3 measures 89:7;137:13 mechanical 50:6 medium 55:21;56:6;97:18 meet 30:2;91:21,22 meeting 113:11 meetings 127:5;144:2 meets 145:4 members (12) 3:15;14:17;29:13; 48:19;59:22;63:14; 71:14;73:12;74:14; 94:11;118:7;142:16 member's 27:15 memory 32:2 men 11:18;99:18 mention 18:22;31:21;42:3; 61:1;136:19 mentioned (10) 17:1;25:8;27:14; 35:12,13;46:10;48:4; 49:13;118:13;136:7 mentioning 17:3 Meredith 109:12 merely 16:9;63:10 merits 75:20 mess 40:18;121:1 message 121:22;141:5 met (23) 3:17;90:8;119:12,13, 16,20;120:13;122:18; 132:5;135:4;136:17, 20;137:2,12,23; 138:20;139:9;141:16, 20;142:20,21;143:4,5 metal 24:16,18 methane 52:15;105:5,6,16; 107:4;140:11 method 7:21 methodology 80:4 MI 6:9,23 Michael 3:5 microbes 23:2 microphone 33:9;66:23;74:11; 82:23 middle 139:13 midst 106:20 might (21) 6:15;18:10;32:7; 34:19;35:14,21,22; 36:1;38:6;40:3;42:3; 43:4;50:17;55:6;78:20; 85:13;91:4,4;103:13; 113:18;124:5 mightily 81:10 migration 128:11 mike 21:15;115:10 mile 70:11;101:23 miles (12) 70:3;71:16,22;72:10, 12;80:2,22;82:11,11, 18,19;104:21 Minard (31) 41:23;43:13;46:18; 47:2;55:5;60:1;63:6; 64:14;65:18;68:2,19; 75:22;76:20,22;77:22; 78:2,4;88:17;95:21; 101:6;103:14,22; 104:22;105:10,10; 106:4,8;107:16; 109:11;124:19;132:12 mind 38:22;85:10;107:7; 129:15;134:6 mine 96:21 mineral 9:4;59:6;140:2,3 minerals 140:1 minimal 20:20 minimize 89:9;137:15 minimum 95:23 minimums 13:10 minister 118:12 minute 47:16;94:9,10 minutes 40:4;68:12;93:4; 94:7;109:5 missed 122:12 missing 105:20 misstep 76:20 mistakes 104:15 mitigate Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (12) lots - mitigate ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 123:22 mixed 22:12;52:14;100:9; 107:7 mixing 105:16 modify 7:20;8:4,16 Mohamet (27) 29:13;30:10,15; 31:17;33:3,16,22; 68:10;71:7;78:17;80:1, 12,15,20;81:1,4,15; 82:9,19;84:15,19; 92:11;114:15,20; 124:22;125:2,13 moment 64:4 money 97:5,8;116:14;123:9 monitor 103:18 monitored 105:6 monitoring 60:20 monitors 103:15 Montana 43:7 months 78:1 Montmorillonite 7:1,17 moral 101:10;134:11 morals 87:5;104:8;122:17 more (37) 7:13,16;14:15;25:3, 12;40:23;41:18;44:11; 59:15;68:5,7,21;69:14; 74:1;85:12;94:14; 103:10;104:1,1; 113:17;115:13;117:18, 18,20;126:1;127:5; 134:5;137:20;140:7,9, 9,10,10,11,11;141:22; 142:17 morning 130:11;145:4 most (14) 6:8;7:10;8:3;28:8, 23;29:3;36:13;53:15; 96:11;108:5;116:1,19; 138:19;139:21 motion 141:21;142:8;143:9, 21,22 move 39:21;42:21;74:8; 99:22;125:14;132:6; 133:10 moved 109:22;121:18 moving 121:13,20 Mt 93:6 much (36) 20:10,21;21:2;29:1; 38:14;39:4;41:11;49:8; 51:1;54:9;56:5;75:14; 79:20;85:20;87:15; 91:15;95:18;98:22; 101:3,8;102:23;103:7; 107:18;112:10,21; 113:22,23;114:6,7,21; 122:23;125:18;127:2; 135:4;137:10;140:13 mud (12) 5:14,16;6:12,17,18; 7:3;9:6;10:6,17;11:16; 12:3;25:10 muddy 5:22;26:20 muds 10:15 multiple 7:8 multitude 139:2 municipal 81:5 muriatic 18:20 must 105:5,6;107:15; 124:9 myself (10) 25:8,10;66:15;69:11; 74:15;92:6;103:5; 129:17,18;130:13 N naked 45:18,19 name (17) 6:5,6,7,23;16:18,21; 27:10;36:6;59:5,20; 70:15;94:14;107:11; 112:19;115:14,15; 122:3 names 61:18;94:6 narrow 52:5;102:5 nation 104:12 nationally 121:12 Natural 83:4,18;98:17; 113:22;129:4;134:9; 139:22 nature 138:17 near 51:22;52:2;59:4; 63:10;100:19 nearby 37:13;85:11;120:3; 133:3 nearest 69:22;70:10 necessarily 37:17 necessary 16:10;28:17;88:12; 119:10;137:8 necessities 107:13 need (25) 8:18;11:8;18:5; 19:21;21:17;23:22; 26:18;27:22;28:12; 37:2;56:13;64:1;66:17; 69:6;74:20,21;107:23; 108:16;117:15;119:13; 120:12;134:11;141:4, 21;143:14 needed 18:10;48:12;76:16; 87:20;123:16 needs 78:8;107:21 negative 100:7;106:19; 112:14;117:21 negotiate 57:20 negotiated 76:15;88:21 neighbored 116:12 neighborhood 116:21 neighbors (16) 71:11;84:11;85:14, 15,17,17,22;86:2; 116:2,9;121:9;126:4; 127:10;132:13,15,18 neighbor's 84:7 neither 82:13;135:6,6; 141:23 Nelson 79:4,5;80:13;125:3,8 neurotoxins 45:4 neutral 22:10;117:11 neutralize 12:8 New 76:2;78:8;82:6; 87:20;106:18 news 110:3 next (14) 22:6,15;32:21;61:20; 62:1,7,11,23;93:21; 109:9;110:5,23; 134:19;135:5 nice 113:4 night 10:10;130:11 nights 90:3;109:19 nineteen 17:13 ninety 68:12 Nobody 86:5 noise 100:10 noncompensated 79:6 None 45:1;85:22;97:20 non-existent 104:4 no-no 44:23 nonparticipants 47:6,11 non-publicly 76:2 non-residents 84:23 nor 108:18 Normal 27:12;45:21;72:23; 73:1;112:20;114:9,13, 17 normally 11:1;102:15 North 32:17;61:16,17; 102:22;109:14,21; 115:22 northeast 30:1 nose 46:8;103:12 note 94:4 notes 36:20 notice (10) 47:5,6;63:2;95:9; 110:8;118:22;119:2,2, 6,10 notify 65:11 November 145:4 nowadays 29:1 nuisance 111:23;133:7 number (33) 39:21;53:3;54:11,12; 65:14;74:8;85:16,20; 91:2;92:1;93:21;104:9; 105:20;107:17;119:22; 120:14;124:21;125:16, 19;126:5;132:5,6,19; 136:19,22;137:13; 138:1;141:16;142:12, 18,21;143:1,3 numbers 21:5 numerous 70:21 O Oak 124:2 oath 4:12,13;96:2 object 85:23 objectors (11) 16:16;69:1;72:17; 74:4;75:15,16;76:21; 78:22;84:22,23;92:22 objectors/interested 39:22 obligation 101:10 observation 71:12 observations 71:1 observe 13:12;30:16;67:3 observed 12:16;52:6 obtain 9:2;124:19 obtained 27:3;30:11;91:8 obvious 85:13;135:9 obviously 30:15;78:4;84:14; 91:9;111:21;120:22; 128:18,23 occupiers 85:5 occupy 101:11 occurred 100:19 occurrence 36:15 occurs 34:17;105:3 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (13) mixed - occurs ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 o'clock 3:17;145:5 October 12:22 odor 72:10 off (14) 7:14;16:12;18:5; 24:13,22;27:14;44:18; 45:13;46:2;52:19;62:6; 69:17;107:4;122:10 offending 60:16 offense 127:9 offered 60:6;63:6 off-gas 45:9 off-gassing 45:14 office 6:14;65:13;70:13,13 official 105:11;114:13 officials 112:23;114:17 often 46:6,8;131:4;136:1; 143:20 oil (151) 5:2,7,11;6:16;12:23; 13:10,16;14:5,9,11; 18:4,23;26:13;34:3,5, 17;40:16;41:10;42:17, 21;43:1,2,9;44:22; 45:8,16;48:5;50:9; 52:14,15,16,18,20; 57:7,18;58:8;59:6; 63:2,5;64:19;65:18; 68:2,19;69:19,20; 70:15;71:5,9,10,17,20; 73:9,15,17,19;75:22; 76:10,14,17;77:22; 78:2,4,11;84:4,4;85:19, 19,20;86:4;89:15,15; 92:9,15;96:8,12,13,15; 97:6,9,9;98:7,17;99:4, 5,7,14,18;100:5,19,21, 23;101:6,8;103:7,15, 16,22;104:4,12,13,21; 105:4,11,21;106:2,4,5, 11,14,17,20,21;107:13, 16;108:3,6,11,12; 109:11,21;110:4,23; 111:6,9,12;113:23; 116:2,14,23,23;117:2; 121:14;123:10;128:20, 21;131:8;133:14,17; 134:7,8;135:8;136:4,8, 12;138:21;139:3,10; 140:17,17,21;141:6 Oilfield 4:8;5:5,10,13 old 20:17;42:17;43:2; 70:1;72:6;81:13; 126:11 older 88:8 once 43:19;139:12 one (97) 5:2,11;7:8;13:14; 17:19;20:4,11,14;24:3; 25:2;27:15;30:23;35:7; 38:4,20;40:8;41:10,12; 42:3,3;44:2,20;48:23; 49:1,12,16;50:18;54:3; 59:2;63:3;68:16;76:22; 78:20;80:16;82:17,18; 84:10;85:2,8;87:19; 90:12;91:4,17;94:14; 97:4,5;101:1,17;103:6; 104:9;108:10;109:21; 110:22;112:12,13; 115:13;117:4;119:7; 120:15,15;121:3; 122:8,20;124:4,21,23; 126:5;129:11;130:12; 132:5,19;134:5;135:3, 4,16,17;136:17;137:2, 22,22;138:5;139:6,17, 20;140:12,13;141:1,7, 9,16,17,19;142:15,20; 143:1,4,19 only (19) 18:14;30:21;42:1; 43:18;45:7;57:19; 58:12;62:15;80:7;82:9; 87:7;101:12;105:15; 116:8;123:8;127:3; 140:17,18;143:2 on-the-job 15:18 onto 57:18;73:19;120:7 open 129:4,5 operated 68:1;76:3 operates 75:23;76:7 operating 11:10 operation (15) 4:19;14:8;47:13; 57:7;78:6;80:14;84:6; 89:20;96:12;105:2,2; 123:1;133:15;138:2,16 operations 7:23;44:22;60:15; 64:15;65:11;76:6 operator 68:18;78:13 opinion 21:1;29:4;66:12; 80:13;84:17;90:9; 123:14;124:21;125:5 opinions 75:15,17;78:23; 79:15,20 opportunists 106:17 opportunity 86:15 opposite 120:12 oranges 20:23 order 11:9;28:19;47:3; 57:12,12;66:6;94:6; 136:21 orderly 87:23;136:23 ordinance 86:8;89:22 ordinances 98:14 organic 45:9,15 original 7:5;65:21 O'Roarkes 117:12,16 O'Rourke 11:4;13:2;25:12; 26:8;61:13;63:7;101:8; 102:14;106:10 others 21:12;39:16;48:10; 72:20;78:14;105:8; 124:8;133:6,12 Otherwise 53:14;89:2;93:9; 122:20;129:1 out (52) 7:8;9:16;10:3,5,17; 11:23;13:18;24:9;25:4; 28:1;33:10;36:3;37:13; 38:15;41:20;44:5,5; 48:12;49:3,6,8;50:8; 62:3,10,19,21,22; 70:18;81:7,8;84:5,11; 89:13,16;91:9;93:1; 95:12;103:7;105:16; 114:2;119:1;124:7; 126:4;128:13,23,23; 131:10;137:17;139:12, 13;141:5;143:19 outcome 87:16 outcomes 112:14 outdoors 109:23;110:1,20 outline 30:9 outside 18:13;67:8;102:10; 110:2 over (21) 5:22;33:1,15;40:5; 45:12;49:3;70:4;73:6; 81:10;94:20;98:16; 99:15;100:20;104:18; 107:10;115:18,18; 121:8,8;124:2;141:2 overall 111:20 oversee 28:15 oversight 28:19;122:23;123:16 overwhelming 101:4 own (11) 8:8;47:6;57:13; 63:11;98:4;108:18; 116:7;117:13;125:3; 126:22;130:7 owned 88:15 owner 78:12 owners 124:11 ownership 140:3,3 owns 57:21 P PA 60:17;65:4 Pac 9:20;38:19 page 40:18;55:5 paid 78:10,19;79:22 painfully 123:14 paint 66:17 Pantagraph 69:13;103:21 paper 116:19;133:9 par 123:13 Paragraph 65:6,10 pardon 126:12 park 40:11;59:4,4,5 parks 59:3 part (10) 47:8;55:22;76:22; 82:1;84:8;91:1;97:19; 128:14;139:22;140:1 partially 23:15;37:19 participate 118:9 participation 3:22;31:8 particular 8:11;41:21;46:9; 48:1;52:3;58:16;68:1; 85:4 particularly 15:12,15;45:2;46:19; 58:10;68:5;111:5,17 parties 16:15;39:22;59:16; 69:1;72:17;74:4;92:22 parts 101:22;134:20 party 68:14 pass 64:4;125:22;130:1, 10 passed 79:10;91:19;123:4 passionate 127:20 passionately 101:18 past 12:20;29:15;34:1; 124:1 path 42:20 paths 101:14 patience 94:12,18 paved 25:21 pay 47:3,12;124:10 PCB 114:11 PCB's 82:5 peacemaker 108:16 penalties 77:4 penalty 65:22 pencil 7:11;24:10 penetrate 9:9 (10) 60:3,12;61:3;75:23; 76:2,23;98:9;103:23; 104:11;122:1 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (14) o'clock - ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 people (45) 11:19;18:22;26:4; 28:20,23;29:3;31:5; 45:10;47:6,18,23;51:2; 53:17;70:5;72:8;85:20; 87:15;96:4;98:6,20; 100:1,19;101:23; 102:12;103:3;106:22; 109:7;110:1;116:11, 19;117:10,14,16; 119:1;120:2;121:2,8; 125:16,19;126:8; 127:5,6,7;131:7; 134:16 people's 104:14 perceive 28:12 percent 41:9;47:13;49:5; 97:5;125:1;129:11 perform 28:9,9,16;89:5 performance 89:4 perhaps 4:6;83:1;86:3,4,4; 88:7;113:8;121:4 period 14:9;88:22 peripherally 45:3 permanent 45:5;104:23;106:10 permit (26) 41:10;43:13;55:4; 58:13;75:12;77:9; 85:19;88:19;90:1;91:7, 11;92:17;94:21;97:12; 98:3;101:16;104:4; 107:16;109:10;112:2, 15;113:12;117:21; 120:23;121:2,5 permits 104:10,17 permitted 86:10,12;87:13;88:1, 9;92:17;132:10;137:1; 141:6 permitting 107:10 perpetuity 34:7 person 101:17 personal 56:11,14,18;71:2; 75:15,17;108:7;134:6 personally 129:16 perspective 118:12 Peters 42:7 Peterson 114:9 petition 12:18;14:3;47:3 petitioner 47:5;119:19;120:9, 21 pH (11) 7:20,20;8:1,2,4,10, 16,18,20;12:10;16:10 phase 52:19;64:19 phone 65:14;93:20 photo 66:19 photographs 111:9 physically 10:4 pick 46:8;89:15 picture 61:23;62:15,16,20; 66:16;67:3,11;73:17, 21 pictures 66:13;67:5,10;73:4; 84:3;111:6 piece 24:9 pig 144:12 pipe 10:18,20 pipeline 113:10 pipes 18:1,2,3 place 34:12;45:4;58:12; 80:21;81:17;82:6; 88:16;90:15;104:7 places 101:7;135:12,15 plaintiffs 119:4,9 plan 5:19 planet 51:20;99:14;101:6; 121:18 planning 144:2 plans 106:11 plant 22:17 planted 13:4 Plants 8:2,6,6;10:8,8 plaster 7:15 Platinum 10:13 plausible 106:11 please (14) 3:19;4:22;16:22; 31:11;33:5,9,19;61:8; 62:1,11,23;65:13; 66:23;85:2 plenty 119:3 Pliura 67:16;69:14,22;70:5, 17;71:6;84:14;136:1 Pliura's 69:11;83:23 plugged 43:1 plugs 42:18 Plus 9:21;10:6;39:7 pm 145:8 pocket 116:13 point (11) 8:10;61:1;62:3; 68:16;109:3;119:7; 120:15;122:14;129:6; 130:23;139:16 pointed 118:23 pointing 33:10 points 29:19;68:13;95:12 poised 106:15 poles 70:21 police 123:21 political 68:14 pollutants 60:2;100:8 pollute 99:23 pollution 43:9;105:18;108:11 Poly 9:21,21;10:5 Polyacrylamide 9:22;23:5,14,15; 37:20 polymer 23:1 pool 47:1,9,20;57:23; 59:2,8 pooling 46:20 poor 47:1 Poplar 43:7;49:19 population 129:13 porous 9:10,11,11,12 Porter 118:5,6,6;133:1 portion 5:9;90:9 pose 86:15 position 54:10;91:16;121:11; 132:2 positions 75:16;79:9;85:13 positive 121:19 possibilities 132:22 possibility 85:22;93:7;125:11, 12;135:10 possible 38:13;43:11;68:8; 70:20;104:18 possibly (12) 35:16;37:5;40:4; 41:21;43:11;99:20; 100:22;107:22;124:3; 126:1;133:13,14 potential 30:21;42:23;76:13; 82:18;103:15;108:9; 109:21;110:4;121:13 potentially 107:11;111:16 pounds 38:20 power 70:21;123:9 powerfully 104:7 practice 82:6 practiced 118:15 prairie 44:3,5,6 precautions 126:10 preceded 54:4 precedent 125:21;139:6;140:6, 14 precipitous 106:15 predict 93:12 preemption 58:18 preference 53:21 prepare 5:1;6:3;47:5 prepared 4:17,23;6:13;80:16; 88:20;89:3 preparing 7:6;11:1 Presbyterian 118:12,14;121:11 presence 30:14;74:19 present 4:10;39:23;61:9; 67:16;75:9;87:1;106:6, 13;118:9 presentation 61:7 presented (10) 66:4;75:14,18;77:4, 11;79:2,4;80:4,16; 103:3 presents 131:6 president 76:6;103:21 press 56:15 presume 38:6 pretending 118:18 pretty (13) 14:5;15:5;23:23; 25:19;29:3;42:19;52:5; 54:9;96:5;102:15; 132:12;135:4;137:10 previous 105:17 previously 34:11 primarily 30:8;76:1;78:12; 79:7;88:14;89:3 primary 5:12 prior 77:14,19 private 13:21;113:4 Probably (30) 6:6,19;10:10;11:3, 14,15;12:8;13:9;20:19; 23:13;24:6;35:9;40:22; 41:3,19;46:22;49:4; 59:12;61:19;66:17; 84:2,6;85:12,18;86:11; 104:17;112:7;127:5, Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (15) people - Probably ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 19;135:1 problem (21) 15:21;21:8;42:3,23; 43:4,11,14;46:3,15; 48:2;53:18;57:17;78:2, 7;81:15;83:15,16;96:8; 97:16;127:1;139:19 problems 43:18;44:2,19;46:8; 108:9,10;126:19 proceeding 118:10,22;120:22 proceedings 93:13;121:4 process (15) 6:15;7:9;8:19;50:8; 59:11;78:16;79:7;92:8; 105:14;108:3;109:17; 110:9,9,10;129:2 processes 129:20 produce 40:23;49:9;131:14 produced 65:3 produces 9:17 producing 14:9,11;20:14,16; 21:9;41:12;96:15 product 6:23;8:3;9:20;12:8; 23:18;38:5,19;75:4 production (24) 18:7,9,15,23;20:20; 27:2;35:1,4;40:13,20; 41:2,5;48:23;49:2,6; 50:8,16,17;54:17;96:9; 97:4,6,9;98:7 productive 113:19 productivity 12:6 products (12) 4:2;5:20;6:3,8,13,22; 8:19;9:14;10:23;15:14; 23:2;35:22 profit 107:12;108:7 program 5:19;43:17 prohibited 92:3 prohibition 55:12,14,18 project (16) 52:3;75:20;77:20; 78:18;80:5,12;85:4; 88:13;101:3,5,19; 102:1;125:1,11,22; 126:18 projects 80:9;125:1 promises 100:21 pronounced 64:11 proof 19:14;119:9,17; 120:6,9,13 prop 5:16 proper 61:18 properly 80:10;83:9;89:1 properties 8:13;9:6 property (40) 13:21;14:2;26:8; 34:8;47:21;57:18,19, 21;76:14;84:13;85:8, 10,12;87:11,13;88:1; 89:18;101:8;106:10; 110:17,18,19,21,22; 111:20,21;117:8,13,13; 119:23;120:2,5,11; 124:11;132:8,10,23; 133:3;134:6;137:1 proposal 123:16,21;124:18; 125:21;132:14 proposals 126:1 proposed (19) 11:4;30:13;52:3; 53:3;80:14;82:3;85:1; 87:3,10,22;89:22;90:5; 100:5;119:22;122:15; 132:7;136:22;138:4; 141:12 proposition 83:8 propped 63:3 protect 28:13,17;80:7;104:7, 14;105:23;114:19; 124:4 protected 138:11 protecting 28:11;114:14 protection 15:16;34:13;60:13; 61:4;65:19;112:3,6,6 protections 97:20 protective 84:18 protested 127:6 proud 112:21 prove 119:5,19;120:12 proven 80:6;133:5 provide (11) 13:23;17:18;27:7; 74:17;81:2;89:8; 104:23;124:9;137:14; 138:10,15 provided 5:9;78:13;88:13; 137:8 provides 91:19 provision 77:13 Public (20) 55:19;80:9;83:10; 87:5;89:9,17;91:14,23; 92:3;112:23;113:11; 114:12,13,17;121:17; 122:18,21;123:2; 124:4;137:16 public's 123:15 pulled 81:4 pulling 89:13 pulmonologist 111:14 pulverized 9:8 pump 25:9;37:13;62:9; 70:22,23 pumped 7:6 pumping 11:10;13:14,15; 42:16 pumps 40:22 pungent 62:19 purchase 5:8,8 purer 38:6 purport 8:7 purpose 7:7;27:2;75:8;138:9 purposes 26:3;87:12;132:9 pursuant 58:12 pursuing 91:10 put (18) 15:19;27:3;39:8; 45:11;83:11,12;89:23; 94:19;95:7;108:5; 133:18;134:6,9,12,22; 135:7;139:23;140:8 putting 16:3;95:8;139:16 Q qualified 35:20 quality 14:1;84:2,20;100:16; 107:4 quantities 38:18,21;54:17; 76:10,13 quantity 52:7 Quebracho 9:5 questionable 107:3 quickly 23:3;113:12 quite 8:1;33:13;36:4; 59:19;94:17;95:6; 110:6;113:14;118:16 quorum 3:16 quote 12:20;125:8 quoted 69:13 R radioactive 60:23 radioactivity 60:2;123:6 radium 60:22;95:23;96:3 radon 36:7,13,15,19;96:5 rain 26:19 raise 119:17 raised 113:21 RANDOLPH (80) 3:1,8,15;4:9;14:17; 16:14;18:18;19:21; 20:6;21:12,15,18;27:9; 31:10;32:12,15,18; 39:16,20;40:6;47:15; 48:8,10,15,18;50:11; 56:16;59:16;63:13; 64:3;68:23;69:4;71:14; 72:13,16,20;73:12; 74:3,11;75:6;92:19; 93:11,16,22;94:4,13; 98:23;102:19;109:12; 112:17;115:9,13,17; 118:4;122:2,7,12; 126:14;127:14,22; 131:4;132:3;133:22; 135:19,23;136:14; 137:4,6;138:1;141:11; 142:8,14,19;143:6,11, 15;144:1,10,18;145:2 range 49:2;50:7 rapidly 54:16 rather 22:3;41:17;53:19 RAU (70) 16:19,19,23;17:5,8, 12,16,23;18:3,8,11,17, 21;19:5,11,15,22;20:6, 8,17,19;21:8;40:1,1,7; 47:17;48:8,9,14,17,22; 49:12,16,20,22;50:5; 51:1,7,12,14,18,22; 52:4,8,13;53:1,6,9,13; 54:2,5;55:4,14,20; 56:13,20;57:3,8,15; 58:4,14,17;59:1,12; 71:6;94:6,8,10,16,16 R-A-U 16:23;40:2;94:16 reactive 7:4 read 29:10;32:2;55:8; 64:4;86:22;87:9; 116:19;138:20;142:21 Reading 138:6,14 ready 4:9;141:21 real 46:15;95:18;97:16; 103:15;121:12 realistic 140:22 realize 125:5;130:8;133:5 really (38) 3:18;16:11;40:14; 43:5;44:15;46:11,15; 47:17;66:4;67:13; 70:13;84:2;94:11,20; 95:8;96:23;97:13; 103:8,8;112:3;114:3, 18;118:21;126:7; 129:3;130:12,22,23; 131:1,20;132:1;133:1, 2;135:12;136:13; 137:19;139:10,11 reason 56:9;58:22;71:5; 78:5;115:18;121:6; 134:13;140:2 reasonable 89:1 reasons Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (16) problem - reasons ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 90:8;95:13,20;96:6; 109:22 rebuild 96:20 rebuttal 39:21;40:2;48:11; 61:9;72:21;74:7 recall 4:11;17:3;29:9; 72:10;114:9;115:3 receive 15:19 received 26:14;65:19;97:12; 119:10 recent 76:11 recited 63:20 recognize 88:3;93:14;140:4 recollection 66:9 recommend 75:11;101:16;142:3; 143:16,17,20 recommendation 83:22;90:10;136:21; 142:1,3,6;145:3 recommendations 78:14;86:18;119:7, 14 record 73:3;77:18;82:7; 87:7;115:19;122:10; 134:2;136:15,18 recovery 103:23 recycling 64:21 redirect 39:18 reduced 83:7 reduces 10:16,19 Reef 41:2;46:21 refer 5:21;6:17 reference 68:4;91:15 references 87:7 referred 6:18;7:2,20;55:3; 56:10;63:19;65:18; 90:11 referring 36:11;39:10;70:1 refers 44:16 reflect 85:14 reflected 91:3 reflects 75:15 refresh 32:1 refund 97:7 refusal 31:8 refuse 31:6 refused 40:14;41:5 regard 18:16;26:15;43:16; 112:9;120:14 regarding 20:7;50:21;65:13; 84:22;95:19;123:11; 124:22 regardless 55:10 region 60:14 regular 104:20 regulated 91:13;129:19;131:21 regulation 58:3 regulations 73:8;90:7;103:19,23; 104:3,7;106:7;141:13 regulators 82:15,15 regulatory 97:16,22 reiterate 109:16 reject 101:16 rejected 120:18 relate 133:16;140:7 related 83:10 relating 57:6;75:20 relation 29:12 relative 99:23;100:4 relatively 106:1 release 56:15 released 100:8 releases 105:5 releasing 56:14 relevant 118:20 remain 111:1 remedy 108:9,10 remember 36:6;133:8 remind 29:19;86:21 remote 84:12;93:7 remotest 108:4 renewable 121:19 Repeated 8:4 replace 77:22 replaced 39:9 replacement 104:23 report 19:16;41:6;42:14,14; 60:6,20;90:10 reported 81:18 REPORTER 69:7;74:23 reports 12:5;17:10;60:20; 83:12 represent 98:20 reputation 76:7;77:7;92:16 request 6:10;31:7;97:7; 107:16 requested 5:4 require 15:16;28:19;104:19, 22;123:5,6,7 required 13:10;70:22;93:1; 97:14;103:19;119:19 requires 133:8 requiring 47:14;124:5 research 50:1;53:23;54:6,7; 125:6 researchers 54:10;114:4 resent 120:22 reserved 43:13 reserves 106:5 residence 88:7 residences 88:8 resident 109:19;112:21 residential 77:12,15;138:18 residents 74:18;81:3;85:5,16; 92:7;116:17;123:17; 133:3 resolve 31:20 resolved 77:1 resource 114:8;128:18;129:4; 134:9,13;138:12; 139:22 Resources (11) 83:4,18;98:18; 105:23;108:2,5; 113:23;114:7;123:20; 125:7;138:9 respect 75:16;83:17;123:18; 127:23 respects 90:6;141:12 response 27:14;100:23 responsibility 78:5;89:4;98:15 responsible 77:22;78:7 rest 36:9 restore 96:22 restored 72:7 restrictions 86:15;91:23 rests 97:11 result 6:10;11:23 results 101:9 retained 79:5 retard 9:14 return 41:16;124:15 revolves 129:21 reward 97:3 rich 107:6;128:15 Richard 41:7 richest 96:18;128:15 ride 102:4 rig 15:9;28:7;35:10 right (32) 8:3;19:19;20:19; 23:16;25:22;30:18; 32:10,21;33:7;35:11; 36:18;37:12,19,21; 38:10;42:13,21;56:1; 59:19;63:7;75:4;97:19; 98:2,22;101:12; 105:22;107:7;117:12, 17;128:10;134:19; 136:10 rights (10) 47:7,21;57:22;59:6; 80:7,8;134:6,8,16; 140:2 rigs 11:14,17;46:14;51:9 risk (23) 95:18,20;97:3; 100:16;112:13;114:6, 8,22;116:1,18;122:21; 125:15,15;126:21; 128:1,3,4,7;129:12; 131:2,7,10,11 risks 4:6;90:21;108:4; 111:13;128:8,17,23 road (27) 13:16;26:11,23;27:1; 50:20;51:8;57:20; 61:17,17,23;62:16,20; 88:14,15,17,19;90:12, 14,16;102:10,11,12; 109:15;115:22;131:10; 137:7,9 Roadcap 29:12,23;32:4 roads (35) 13:23;14:5;17:2; 20:11;25:8,10,11,13, 15,16,18,20;26:1,3,7; 39:6,8,11,11,14;50:22, 22;51:6;52:2;61:18; 88:11;102:2,4,5,5,6,7, 13,16;131:8 roaring 44:6 Robert 4:11;125:3 rock (14) 7:10,13;9:13;10:3; 24:19,20;25:23;27:7; 36:4,19;62:11;63:4; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (17) rebuild - rock ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 105:5;106:14 rocks 8:17;9:11;36:7,12, 13;107:8 roll 3:2;142:10 Ron 21:14,16;69:5;98:23; 99:2 room 96:4;115:12;145:5 rose 81:21 rosy 71:8 rotary 34:16;35:6,10 rotary-based 35:3 rough 13:8;30:13;61:14,21; 63:7 Roughly 61:16 roughnecks 15:10,10;63:8 rounded 24:13,14,22 rubber 15:11 Rudolph 3:7;144:17 rule 126:11;145:5 rules (10) 13:10;31:7,9;93:16; 95:1,3;101:22;106:6,8; 109:1 run (26) 40:3;41:23;43:13; 46:18;47:2;55:6;60:1, 3;63:6;65:18;68:2,19; 70:22;75:22;76:20,22; 95:21;103:14,22; 104:22;105:10;106:4; 107:16;109:11;119:11; 132:13 running 11:14;14:14;62:8 run-off 128:6 runs 78:3 Run's 106:9 rural 17:2;84:9;107:9; 109:20;111:4;118:14; 135:12,13 rust 67:7,12,14 rusted 67:4 S Sadly 113:9 safe 17:6;60:23;96:3; 97:14;107:2;123:2 safeguard 107:9 safeguarding 107:9 safeguards 97:17 safety (14) 15:11,20;27:17; 83:10;87:5,8;98:5; 104:8;122:17,22; 123:15,17;130:4;140:7 saline 53:4 saline/saltwater 90:19 Sally 3:7;129:10;140:6; 143:4 saltwater 13:13;43:12;52:17; 53:4;54:23;55:2,12; 96:9;105:7 same (12) 22:17;27:22;37:22; 38:3;56:9;62:2;104:15; 111:1;124:11;130:16; 136:13;141:2 San 46:12;98:8 Sandstone 42:7,8,18 sandstones 9:12 sandstorm 42:16 sat 128:2 satisfaction 31:20 satisfactory 87:18 Saturday 12:20,21 saw 62:3;84:3 saying 22:3;71:5;129:5; 140:20 scale 46:11 scholars 54:10 SCHROEER 72:22,22;73:22; 109:13,13 S-C-H-R-O-E-E-R 72:23 Schwartz (11) 4:7;5:5,10,13;6:2,11, 12;10:21;17:6,17,18 scientific 101:4 scope 18:13 scrambling 94:22 sea 52:17 second (10) 35:3,7;41:17;45:22; 61:8;63:23;64:18; 142:7,9;143:10 secondarily 88:14 secondary 34:16 secrecy 48:5 Secretary 3:2 Section 48:7;58:7,16 sectors 115:8 secure 91:11 secured 62:11 sediments 30:22 seeing 111:6 seek 77:9 seeking 88:5 seem 58:5 seemed 32:20;66:16;76:21; 142:2 seems 34:2,8;62:4;79:19; 91:17;97:2;106:9 seep 9:10,13 sees 45:19,19 seismicity 54:14 seismologists 54:7 select 5:3,12,14 send 121:21;141:4 sense 15:19;41:4;46:19; 47:20;78:21;121:9; 124:17;133:2;143:21 sent 4:23;52:18,19 sentence 64:13,18;65:2 separator 52:19 September 103:20 serious 43:10;45:6;105:17; 106:4,19 seriously 51:4;116:5;117:16 serve 74:16;75:18 serves 7:15;47:6 service 74:17;89:17;92:5 serviced 88:13 Services 4:8;5:5,9,10,14;81:2 session 114:10 sessions 109:19 set 4:17;27:3;104:5 setter 125:21 setting 110:1 seven (11) 11:19;74:8;86:21; 87:2;92:23;109:9; 111:7;142:18,21; 143:4,4 seventy 46:23;49:13,17 seventy-five 46:22;47:19;48:1 several 9:19;31:6;94:22 sewage 10:9 sewer 10:8 shack 70:12,14 Shale 46:13;64:19;105:4; 106:14 shall 47:11;91:7 shallow 36:12,16;53:16,19; 105:3 shape 10:17;25:20;30:13 share 129:2 sharp 24:21 shavings 24:4 sheet 130:4 shelling 13:6 shift 120:6 shifted 117:20 shit 126:12 shocking 110:6 shop 10:22;104:5 short 88:22;95:3,9;104:20; 112:11 shot 103:12,12 shouldering 100:16 show 19:13;32:20;44:19; 45:11;116:7;120:10 showed 43:1;60:21;69:20; 85:15,22;98:6;105:11, 15;116:9 showing 60:19;65:7 shown 80:15,18;91:3;116:3; 121:8 shows 61:15;101:5 shredded 35:22 shutter 62:17 sides 103:3;134:18 sign 102:9;133:9 signed 60:10;63:20;64:10; 92:22;133:7,12,13,15; 137:10 significant 106:5;110:17 Silurian 41:2;46:21 similar 11:17;13:1;41:6; 61:12;63:6;139:2 simple 133:4 simply 20:22;60:8;82:12; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (18) rocks - simply ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 86:2;95:2,9;100:17; 119:14 single 96:11;115:5 singling 124:7 sit 113:1;139:13 site (35) 12:14,16,17;13:1; 14:12;25:8,12;30:2,3; 31:16;32:21;35:16; 41:15;42:4;43:12;55:6; 66:15;69:16;70:3,12, 12,18,21;80:2;84:4,4; 91:14;95:16;105:6,8; 110:4,23;111:6,9; 137:16 sites 26:8;76:23;100:19 sitting 62:6;115:3 situation 71:9;86:2;112:8,13 situations 16:10;35:21;103:16 Six (13) 3:15,18;39:21;80:18, 22;82:11;89:19;90:11; 91:13;92:1;104:21; 138:1;142:13 size 24:9;26:17 sky 21:6;139:17 sleepy 137:20 slick 10:15 slicker 10:19 slicks 10:15 slide 61:7,20;62:1,7,11,23 slides 69:20 slightest 107:22 8:5,13;12:7,9 slime 18:1 slip 54:20 slow 9:15 small (10) 7:10;24:5,6;30:1; 33:13;36:4;38:18,21; 85:16;106:1 smaller 7:10 smallest 108:13 smell (16) 46:6,6,7;62:18; 63:12;69:15,17,18; 72:11;134:21;135:6, 20,21,22;136:2,5 smelling 72:10;117:2 smells 111:10,12 soap 10:14;38:21 soaps 15:5 so-called 47:1 sociologist 50:7 soda 7:19;8:21,21,22;9:4; 15:12 Sodium 7:19 soften 9:1 soil (28) 8:2,5;12:6,9,10; 13:17;18:22;19:7;20:1, 9,9;22:6,8,11,12,20; 23:2;36:9;51:15;96:18, 20,22;99:22;100:10; 105:17,23;107:5; 128:15 soils 128:16 sole 43:8;97:10;114:11 solely 108:7 solid 33:13;49:23;77:6 somebody 89:14;93:14;115:21 somehow 82:13;103:13;119:16 someone 19:5;55:8;68:2;93:8; 98:19 Sometimes 9:2;10:16;27:15,18; 35:19 somewhat 14:1;92:11;140:19 somewhere 42:11;96:9 sorry (11) 21:6;31:4,10;40:6; 48:8,12,14;53:8;67:1; 94:13;116:2 sort 33:11;49:1;114:7,10; 119:2 sought 76:9 sound 69:14 source 43:8;54:1;104:23; 105:17;114:11;121:14; 125:16,18 sources 105:1 South 27:12;41:14;46:12; 112:20 southern 19:6,7,23;57:16; 78:12 southwest 30:1 speak 11:15;12:12;33:9; 66:15;112:23;113:6 speaking 79:8;113:5;118:17 speaks 61:6 special (45) 14:19;15:1,3;53:3; 58:13;59:10;75:12; 77:9;85:18;86:14;87:3, 10,22;88:6,19;89:20, 21;90:1,5,17;91:10; 92:17;104:9,17; 107:16;109:10;110:9, 10;112:2,15;113:12; 117:21;119:22;121:2; 122:16,19;124:16,20; 132:7;133:6,9;136:23; 138:3,4;141:12 specially 15:18 specific 91:15;113:13,17; 115:5 specifically 30:6;31:21;89:23 speculate 50:17 speculation 132:21 speed 44:12 speeding 17:13 spell 16:21;21:17;69:6 spent 21:23;51:23;110:18 spilled 32:23 spills 108:13 Spindletop 136:7 spoke 118:11 spot 141:8 spots 44:13;137:21 sprayers 139:18 spread 8:9;12:3;21:23; 54:16;116:23 spreading 16:2;38:15;96:17 squaring 51:8 St 42:7 stable 7:16 staff (15) 16:15;50:12;63:15; 72:14;73:13;74:20; 75:1,7;79:8;83:22; 86:17,18;113:2; 119:11;123:19 staffing 83:7;123:12,12 stamina 94:12 stand 62:16,19;77:22; 117:22 standard (23) 80:6;90:8;104:9; 119:12,21;120:14; 122:15,18;124:21; 126:5;132:5,6,19; 136:17,22;137:11,13; 138:20;139:9;141:11; 142:2,12,20 standards (12) 28:2,3;34:12;81:14; 83:22;86:21;89:2; 119:20;122:9,15; 136:15,20 standing 139:11 stands 10:14;66:4 start 42:15 started 25:4 starts 116:22;117:14 State (37) 16:18;19:16;23:6; 29:14;33:18;43:22; 46:18;47:9;53:15,17; 56:1;58:6,7,18;59:1,3, 7;61:15;71:4;73:5,7, 10;82:15;83:17;97:4,8, 12,13;103:19,22; 104:5;106:16;114:5; 121:1,5;124:15;135:12 stated 22:23;141:15 statement (14) 54:2;55:5,9,11;74:9; 75:9;84:16;95:11; 104:2;110:6;126:3; 133:2;140:6,20 statements 92:21;105:9 States 49:23;58:19 stating 60:4 statistic 19:14 status 67:20 statute 91:18 statutes 83:17 stay 22:6;93:9;99:10 stays 28:7 steel 5:20;7:13 Stephen 59:5 stepped 88:23 sterile 20:1 sterilization 19:7 stewards 101:10 stewardship 129:21;131:19 stick 31:6 sticking 24:2 still 4:13;33:13;96:9; 104:16;106:7;107:3; 126:11;136:17 stink 136:8 stipulate 77:17;124:8 stipulation 124:5 stipulations 104:16;123:23;124:2 stirred 36:8 stop 21:10;48:9;102:9 stopped 61:5;110:3 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (19) single - stopped ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 storage 62:13,14;64:22; 69:16 storing 45:8 story 8:10;107:3 Strata 56:2 stratigraphic 42:9 stream 95:22 street 32:16;59:21;89:11; 118:7 streets 89:10,17;137:16 strenuously 121:16 stress 100:13;117:5 stressed 70:19 strict 81:14 strictly 24:19 strike 56:22;73:2 strikes 17:19 striking 106:5 strip 96:21 striped 102:12 stripper 20:13 stripping 44:16 strong 15:6;62:19;69:17; 84:14 stronger 11:13 struggle 129:17 struggling 130:12 studies 50:5 study 29:9,21;30:4;31:21; 32:8;50:3;55:3;56:10 stuff 11:20;26:18;42:19; 45:13;46:5 sturdy 25:13 SU-1405 3:2;142:6 subject (12) 12:12,17;14:2;65:12, 21;68:9;80:3;84:13; 88:18;91:22;113:11; 124:13 submineral 57:22 submit 17:16;19:17;40:19; 41:7;43:15;60:18;65:7; 131:2 submitted (10) 19:19;20:5;21:2; 29:5,11,21;42:23; 60:21;88:21;90:10 subsequent 78:1 substantial 41:12 substantially 87:13;120:1;132:10 substitute 75:18 subsurface 47:7 successful 125:22;138:23;139:1 successfully 76:17;77:1 suffered 72:2 suggest 75:13;82:13;85:7 suggested 86:23;120:16;126:3 suggestion 85:8 suggestions 87:6 suits 15:16,17 summarized 76:6 summary 10:23 summers 51:23 supervised 81:10 supervision 73:5;82:20;86:10 supervisor 26:14;28:7 supplemental 41:9 supplies 107:3 supply 99:17;110:15 support 91:18;127:8;129:10 supporters 101:20 suppose 115:7 supposed 19:18;28:9;31:4; 71:7;73:7;144:9 sure (19) 14:22;28:4,6,8,19; 34:20,21;73:7;79:5; 86:20;89:15;104:11; 108:11;125:1;126:20; 129:7;130:9;133:19; 135:22 surely 93:23 surface 36:12,14,16;42:12; 47:7 surprise 135:11 surrender 47:11 surrounded 100:5;116:1 surrounding 14:2;30:13;36:9; 87:23;137:1 Survey 19:16;29:14;49:23; 53:18;61:15 suspect 12:6;56:7 suspended 60:15;64:15 sustainability 131:18 sustainably 129:23 sync 48:12 system 7:18;11:17 T table 79:21 tail 115:23 talk 61:10;66:22;85:11; 112:10;138:6 talked 34:23;35:1;50:15; 52:10;56:23;57:11; 70:17 talking (17) 3:23;16:2;20:8; 23:17;33:16;39:6;45:6; 49:19;52:11,13;54:13; 55:2;82:4;84:2;111:3; 123:15;130:2 tandems 89:13,14 tank 41:10;45:7,23;46:5, 9;63:3;66:21 tanker 89:15 tanks (20) 13:7;41:10;45:8,12, 14,16,17,20;46:2; 52:20,21;62:5;64:21; 66:16,18;67:3,4,12; 69:16,17 tannic 9:5 target 140:14 task 28:9 tasks 28:17 taste 117:6 tax 97:4 taxpayer 112:5 teaching 79:18 team 95:8 techniques 11:8 telephoto 61:22 telling 79:15;117:10 tells 124:17;133:2 temporarily 60:14;64:14 ten 7:4;38:21;40:4;93:4; 94:7;95:23;127:5 tend 9:10 tendered 76:20 tenth 97:5 term 44:15;47:2;53:14; 55:15;57:13;104:20 terminology 6:20;23:19 terms (11) 11:7;13:22;32:6; 50:16;76:15;79:21; 81:22;82:20;103:3,7; 121:19 test 11:9;76:16 tested 77:13;81:9 testified (10) 12:3;18:13,14;34:11; 67:16;73:15;77:10; 101:19;118:11;136:2 testify 71:7;110:22 testifying 31:4 testimonies 73:7;99:3;100:15 testimony (51) 4:13;18:16;20:7; 30:19;36:5;39:21;40:3, 19;48:11;63:12;65:17; 66:1,3,9,10;68:11,15; 69:11;71:8;72:21;74:7; 75:10,13,19;78:14,20; 79:2,3,4;80:4;83:21, 23;84:22;85:10;86:5; 87:7;90:21;92:23;94:5; 95:17;109:2,7;110:13, 16;112:12;113:21; 117:18;123:11;125:17; 137:9;145:6 testing 77:11,19;97:13; 104:19;123:7 tests 123:6 Texas 136:6 thanked 114:15 thanks 27:8;109:16;112:20 theorizing 21:4 Therefore 55:16;131:18 thick 7:3;9:17 thicken 10:6,12;38:8 thinking 114:19;129:3 Third 65:2;76:3 thirteen 82:18;91:3,5 thirty 11:18;60:23;95:23 thirty-eight 19:12 though 40:15;41:6;54:23; 72:5;79:3;136:5 thought 25:9;36:18;70:6; 71:12;110:4;121:3; 125:17;129:2,19 thoughts 28:12 thousand 19:11,12;38:23;39:1; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (20) storage - thousand ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 55:23;60:6;76:1;77:15; 87:19 threat 99:16,19 three (19) 13:9;30:12,17;31:19; 38:23;47:12;52:18; 55:22;56:3;57:9;87:22; 91:2;93:21;108:2; 113:21;117:3,4; 136:19,22 three-quarters 11:15 threshold 91:21,22;119:2 throughout 81:12;117:1;126:2 thumb 10:4 tiles 117:7 tilled 96:18 times 7:4;13:9;31:6;48:16; 60:23;82:8;95:23; 127:6 timing 74:22 tiny 7:11;10:3;24:9,19 tipped 142:17 tire 24:15 tires 24:12 today 61:22 together 95:8 told 38:2;99:18;112:10; 115:17 tonight 61:10;90:2;98:12,13; 117:22;127:11;141:8 took 61:23;62:17,20; 66:14;67:3,5;84:3; 113:14 tools 123:3,14 top 13:19;28:4;104:18 topsoil 96:21 torn 130:20 torque 10:16,19 totally 69:12;120:7;123:13; 124:14 touch 63:1 tough 134:17 towards 101:13;121:13 town 43:7;51:12;101:13; 114:9,13 township (13) 25:16;26:3;39:11,12, 14;50:21;88:15,16; 90:13,16;104:6;106:5, 23 toxic 22:11;23:6 track 16:12;82:7 trade 6:5,7 traffic (14) 20:21;21:3;40:12; 41:20;50:15;51:5,7; 52:7;89:9,10;100:10; 102:3,16;137:15 trafficked 102:11 trained 15:17 training 15:18 transportation 5:22 treatment 10:8;65:3;81:9; 124:12 tremendous 100:13 trending 30:1 trespassing 13:20 triangular 30:13 tributaries 31:16;33:3,21,21; 125:11 tributary 30:1;95:16 tried 99:4;114:2;120:6 trips 41:17,18;48:21;49:7; 137:18 Tristan 6:10 trouble 10:1;127:21 troubled 122:22 truck 20:21;21:2;41:14; 49:7,11;100:10 trucks 41:22 true 11:11;58:14;67:4; 68:17;79:16;99:6; 111:3 truly 103:9 trust 131:19 trusted 77:7 try 4:4;6:21;94:23; 96:22;112:10;113:2; 126:6;129:1 trying (12) 10:1;15:7;16:9; 18:15;24:8;30:20;32:1, 3;35:19;50:16;114:5; 129:2 Tuesday 145:4 turbines 139:11,16 turn 10:17,20;21:15;46:1; 126:1 turned 98:16 Turner (27) 3:9,10;14:19;15:2; 16:1,6,13;48:20;49:10, 14,18,21;50:2,10; 71:16,21;128:1; 130:21;131:6;135:2, 21;136:3;137:3,18; 139:21;144:19,20 twelve 41:17,18;48:21; 137:18 twenty 41:22;49:5;118:15, 19;124:2 Twenty-eight 19:11 twice 101:9 two (36) 13:9,11;19:23;20:14; 25:4;31:1;41:10,13,14; 43:21;46:22,23;47:19, 23;53:3;56:9;70:3; 71:16,21;72:9,12; 80:15;85:12,13;90:19; 94:10;102:6;109:5,18, 19;115:4;116:8; 119:22;120:15;132:6, 20 two-minute 94:9 type 10:9;15:4,6,17,18; 23:1;32:6;110:7;123:1 typical 13:2 typically 6:15;26:22;27:3; 35:14;38:20 U ugly 71:23 ultimately 106:12;113:20 unanimity 143:1 unanswered 95:14;117:19 unborn 108:21 unburned 44:17;45:13 uncertainty 30:23;32:1 unchallenged 66:4;78:15 uncle 51:19 unclear 117:19 uncontested 30:9 under (19) 4:11;47:9;48:7; 55:21;56:7;58:9;76:14; 83:5;88:15;90:1;91:20; 92:2,17;96:2;97:9,15, 19,21;125:11 underestimate 41:19 underground 18:5;54:19;125:7 underlying 86:23 underneath 59:3;106:14 undertaken 77:19 undeveloped 111:4 unfortunate 116:15 Unfortunately 116:22 uninhabited 70:16 unique 138:8 United 49:23 units 13:15 unless 110:2;122:19 unpolluted 108:1 unrealistic 82:13 unsafe 96:3 unsecured 17:14;62:6 unusual 17:19 up (54) 5:15;7:15;10:15; 18:4;22:17;40:18;42:8, 21;44:11,14;45:4;46:8; 47:12;48:21;51:23; 52:2,14;60:6,17;63:3; 67:12;69:15,16;81:21; 85:9,15,22;89:13,15, 15;92:16;94:23;95:4; 98:6;104:5;116:3,7,9; 118:16;120:11;123:13; 130:11,22;131:7; 133:18;134:22,23; 135:8;139:11,13,16,18; 140:8;142:12 updated 123:9 upon 81:15;86:23;90:17 urban 98:8,10;118:13 urge 107:1;109:8;112:14 USA 118:13 use (79) 5:13,23;6:6,20;8:5; 9:2;10:21;11:1,3,13, 19;13:7;14:21;17:22; 18:8;23:18;26:4;35:22; 36:1;37:12,23;38:8,12, 14,20;41:9;50:22;53:3; 55:22;58:13;59:10; 62:17;75:12,12;77:9; 85:18;86:12,14;87:3, 10,11,22;88:1,4,6,19; 89:20,22;90:1,5,17; 91:10;92:17;104:10, 17;107:16;109:10; 112:2;113:12;117:21; 119:22,23;121:2; 122:16,19;124:16,20; 128:5;132:7,8,20; 133:9;136:23;137:1; 138:3,4;139:4,5; 141:12 used (24) 4:18;6:22;7:2,20;9:5, 8,21,22;10:7,12;23:10; 34:16;35:16;38:5,23; 57:4,5;78:16;80:4; 81:1;106:12;113:8; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (21) threat - used ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 27, 2014 119:20;134:14 useful 7:6 USEPA 60:13;77:2 uses 58:11;88:7;133:6; 138:16 using 11:16;26:18;38:15; 64:21;105:14;121:5; 130:6 usually 36:4;135:14 Utilities 88:11;137:7 utilize 6:15;35:14 utmost 123:18 V valley 32:6;95:15 valleys 30:2;32:5 value 86:4;110:17,21; 111:21;113:22;120:18 values (12) 85:8,10,12;87:13; 110:22;111:2;120:2,5, 11;132:10,23;133:3 various 118:13 vendor 5:7,14 verbal 12:5 Vernon 93:6 versus 50:3;68:16 vertical 124:18 veto 107:15 via 30:21 viable 107:23 vice 76:5 vicinity 45:10;47:18,23; 87:12;102:4;120:1; 132:9 view 112:4 violation 60:1,6;66:6;95:21 violations 17:13 virtually 78:11;84:23 viscosify 23:10 viscosity 8:13;9:23 visited 12:14,19;14:12;19:1 Vista 16:19;40:2 vital 105:23;108:2,5 voice 110:13 volatile 45:9,15 volume 7:5;44:9;55:21;56:6; 97:18 voluntarily 101:18 volunteering 74:16 vote (15) 93:3;112:7,15; 122:19,21;126:12; 142:10;143:13,13,15, 17;144:6,7,10,11 votes 143:22 W wages 29:1 walls 7:15 Wapella (23) 12:13,19;19:1;20:12; 25:8,13;39:5;40:16,20; 41:8;61:11;63:5;66:14; 67:20;68:9,18;69:9; 71:5,9;73:4;85:20; 111:6;136:4 warning 94:9 Warren 65:4 wash 8:23;10:21 washes 20:2 washing 8:21,22,23 Washington 59:21 waste 55:6;65:3;96:9,12, 14,17 wastewater 54:8,17 watching 22:16 water (58) 7:4;8:14,16,22;9:1, 16;10:8;29:14;30:21; 34:13;37:1,5,10,12; 41:8;42:20;52:16;62:6; 64:21;65:3;81:2,4,7,8, 12;87:16;96:1;99:17, 19,20,23;100:3,11,20; 103:13;104:19,23; 105:1,17,23;107:2,14; 108:1,12,14;110:14,14; 113:23;114:7;117:5; 123:6;124:9,10;125:7, 16,18;126:8;130:14 water-based 6:18,19;7:18;11:1,16 waters 9:2;106:22 watershed 60:17 way (19) 21:21;28:20;32:8; 42:19;49:22;71:10; 83:11;101:17;103:6; 104:13;108:10;113:3; 115:1;118:10;119:7; 133:11,16;143:5;144:6 ways 125:21;129:23; 142:16 wayside 47:21 weak 104:3 wear 15:3,10,15 website 115:20 Wednesday 29:11,15 week 11:19;12:20 weeks 78:1;94:22 Wehrmann 29:12,23;32:4 weighing 128:2 weight 126:20 weird 3:18 welfare 87:5;104:8;109:7; 122:17 well-respected 125:4 wells (62) 13:5,12,12,14,14,15, 18;14:13;20:12,13; 21:5;25:16,19;34:14, 19;37:2;39:1,9;42:17; 43:2,2,19,22;48:7;53:5, 12;55:1,13;56:3;58:3; 76:1;77:12,13;78:13; 80:19;82:8,18;85:6; 86:12;87:19;90:20,21, 23;91:2;92:9;96:13; 100:11,20;101:7; 104:12,21;105:1,7; 106:2,11;116:2; 132:22;133:20;135:8; 136:4;139:3;140:21 weren't 25:20,23 West 100:15;109:13,14, 14;118:6,21 wet 7:5 Wetzel (78) 3:20,21;4:10,16,21; 11:5,21;12:11;13:22; 14:7,11,15;39:17,19; 50:14;51:4,11,13,16, 21;52:1,6,10,22;53:2,8, 11,21;54:3,22;55:10, 17;56:10,18,21;57:5, 11;58:1,9,15,20;59:9, 14;63:18;64:6,9,13,18; 65:2,6,10,16;66:3,8,13, 22;67:1,7,11,15,19,23; 68:4,17,21;72:15; 73:15;74:1,10,12;75:8; 83:1;93:5,13;118:8; 120:5;121:6;126:2 Wetzel's 6:14 whatnot 24:17;70:19 what's (16) 15:7;16:6;44:14; 45:20;46:1;52:15; 54:14,20;87:9;88:9; 97:1;98:21;102:13; 111:7;126:17;129:8 wheat 139:14 wheelers 102:12 whenever 133:20 Whereupon 94:2;122:10 wherever 139:15 White 115:10;124:1 whole 8:10;46:10;48:3; 50:7;117:1;119:4,8; 120:22;132:18 who's 6:11;19:5;57:16; 76:5;78:10;102:9; 108:21;112:12,14 wide 102:12 widely 81:1 wife 8:8;109:18,22;110:7; 112:10 William 16:19;40:1;94:6,16 willing 95:18;114:8;127:18; 128:6,13;129:7;131:11 win 127:13 wind (20) 44:3,7,9,9,12,17; 50:2;115:4;124:2; 127:4,6,8,12;128:7,13, 19;136:10;139:11,16; 140:7 winded 135:1 windmills 101:13 winds 44:5 Wisconsin 51:23 wish 114:4;122:4 withdrawn 66:7 within 76:8;77:15;80:6; 87:19;101:23;103:12; 104:21 without 77:4 withstands 78:4 witness 3:23;39:17;40:4; 50:13;59:17;69:2; 72:18;74:5;125:3 witnesses 95:4 Wjotanowski 35:1 W-O-J-T-A-N-O-W-S-K- 21:19 WOJTANOWSKI (37) 21:14,14,16,16,19; 22:2,5,9,14;23:4,11,16, 20;24:1,7,11,14,20; 25:1,6,18,23;26:6,10, 16;27:5,8;69:5,5,8; 71:19;72:3,11,19;99:1, 2,2 wonder 130:16 wondered 37:18 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (22) useful - wondered ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. 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