← Back to Health Mcleancountyil Gov

Document health_mcleancountyil_gov_doc_b5b412b959

Full Text

In The Matter Of: APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 ADVANTAGE REPORTING SERVICE 110 S.W. JEFFERSON AVE., SUITE 430 PEORIA, IL 61602 PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] [EMAIL REDACTED] Original File 10-22-14_HRG_JILL.txt Min-U-Script® with Word Index ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 Page 1 1 BEFORE THE MCLEAN COUNTY ZONING BOARD OF APPEALS 2 3 4 5 IN RE: Applicant of Minard ) ) 6 Run Oil Company, Bradford, ) ) 7 ) 8 9 10 TRANSCRIPT OF PROCEEDINGS had at the 11 hearing of the above-entitled cause, taken before 12 me, Jill A. Bleskey, CSR-RPR, License Number 13 084-004430, a Notary Public in and for the State of 14 Illinois, at McLean County Government Center, 115 15 East Washington Street, in the City of Bloomington, 16 County of McLean, and State of Illinois on the 22nd 17 day of October, A.D., 2014 commencing at 7:00 p.m. 18 19 20 Jill A. Bleskey, RPR 21 CSR #084-004430 22 23 Page 2 1 APPEARANCES 2 For the Applicant, Minard Run Oil Company: 3 LIVINGSTON, BARGER, BRANDT & SCHROEDER Attorneys at Law 4 115 West Jefferson Street, Suite 400 Bloomington, Illinois 61702 5 BY: Mr. William C. Wetzel 6 BOARD MEMBERS: 7 Ms. Sally Rudolph, Chair Mr. Phil Dick, Director 8 Ms. Julia Turner Mr. James Finnigan 9 Mr. Brain Bangert Ms. Chris Carlton 10 Mr. Michael Kuritz 11 Mr. Donald Knapp, Civil Assistant State's Attorney 12 Mr. Michael Behary, County Planner Dr. Nelson, County Expert 13 INDEX 14 EXAMINATION OF PAGE 15 Dr. William C. Rau 6 16 Ron Wojtanowski 40 Margaret Keylin 48 17 Meredith Schroeer 61 Juergen Schroeer 68 18 Dr. David S. West 72 Angelo Capparella 85 19 Marilea White 107 Mike Kerber 108 20 Brad Gher 115 Jack Porter 124 21 Joyce Kaye 128 22 INDEX OF EXHIBITS 23 NOTE: No Exhibits were marked. Page 3 1 MS. RUDOLPH: McLean County Zoning 2 Board of Appeals will please come to order. 3 Secretary will call the role. 4 MR. DICK: Finnigan. 5 MR. FINNIGAN: Here. 6 MR. DICK: Kuritz. 7 MR. KURITZ: Here. 8 MR. DICK: Rudolph. 9 MS. RUDOLPH: Here. 10 MR. DICK: Turner. 11 MR. TURNER: Here. 12 MR. DICK: Bangert. 13 MR. BANGERT: Here. 14 MR. DICK: Carlton. 15 MS. CARLTON: Here. 16 MS. RUDOLPH: Six members constitute 17 a quorum. We can conduct business on Case Number 18 SU1405. And I just wanted to mention one thing for 19 the record. Mr. Wetzel, we wanted regarding the 20 October 7th hearing in the transcript. And I wish 21 you would convey our compliments to Paula, the 22 Court Reporter, she did a really good job. I just 23 found this one little thing that I want corrected. Page 4 1 So on Page 81, at the bottom of the 2 page and on 96, if you look at it, the way that's 3 going. On Line 11 I had just said we'll take 4 we'll just take until 9:20, and that was the break. 5 And this then is attributed to me but I didn't say 6 it so we just need to correct that. A member of 7 the audience, I believe said, quote, "The people 8 who are going to leave here, why don't you stand up 9 and show who's opposing this permit process in case 10 people have to leave. I think that means 11 everybody. Thank you." So that is not attributed 12 to me, it's to an audience member. 13 MR. WETZEL: Sure. Madam chair, we 14 certainly want to correct the record, first of all. 15 And as far as we are concerned it can be corrected 16 simply by lining out and identifying, if we know 17 who it was who made it. And I share your 18 appreciation for the hard work and the good work 19 and the timely work that our Court Reporter did. 20 But however we can resolve it. I 21 think it's clear that that was not your comment and 22 to that extent it is an inaccurate transcript. 23 MS. RUDOLPH: Well, I think I know Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Pages 1 - 4 ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 Page 5 1 who said it. 2 MR. WETZEL: Okay. 3 MS. RUDOLPH: Do you want me to 4 identify him, ask him or what do you want me to do? 5 MR. WETZEL: No. I don't care. I 6 think your disclaimer of it and our acceptance that 7 you're disclaiming it is enough as far as I'm 8 concerned. Unless the party that said it wants to 9 be identified. 10 MS. RUDOLPH: And what she did in 11 other places was just put audience member 'cause 12 obviously 13 MR. WETZEL: Okay. 14 MS. RUDOLPH: So that's all we need 15 to do is say audience member? 16 MR. WETZEL: Sure, yes. That would 17 be perfectly fine. 18 MS. RUDOLPH: Okay. So if everyone's 19 following along, we have begun we began last 20 night with Number 4A which is evidence of testimony 21 by any interested parties and objectors. And we 22 stated that only those who give testimony make a 23 closing statement as noted in Number 8 of our Page 6 1 hearing procedure. I think we stated this but I 2 just want to restate it. Ten minutes will be 3 allowed for testimony from the general public. 4 Anyone who qualifies as an expert witness will be 5 allowed 30 minutes. Anyone wishing to qualify as 6 an expert would need to identify their area of 7 expertise and, then this is really important, limit 8 their testimony to that area. 9 I will begin calling those in the 10 order of which they signed up and first we have 11 William Rau. You signed up at the beginning and 12 the end so I didn't know which you preferred. 13 DR. RAU: Okay. I thought I would be 14 at the end. I have two things I'd like to submit. 15 MS. RUDOLPH: Wait a minute. I need 16 to swear you in. Would you raise your right hand, 17 please. 18 DR. WILLIAM C. RAU, 19 The witness, having been first duly 20 sworn upon his oath, testified as follows: 21 MS. RUDOLPH: And state your name and 22 address, please. 23 DR. RAU: It's William C. Rau, 3131 Page 7 1 Vista Drive, Bloomington, Illinois. 2 MS. RUDOLPH: We're going to be 3 asking others that testify if they have a proximity 4 to the case. 5 MR. DICK: I can tell by addresses. 6 That's not relevant in your case. 7 DR. RAU: I have a document I'd like 8 to submit in the record from Illinois from 9 excuse me, the Environmental Protection Agency. I 10 also have a copy of a brief, I think I've made 11 enough copies for everyone in the room. Mike, if 12 you could pass those out. Let me have just one of 13 those. You can pass out the others. 14 My name is William C. Rau, I am 15 Professor Emeritus in Industrial Sociology at 16 Illinois State University. I'm also the liaison 17 between the Unitarian Universality Church and 18 Illinois People's Action. Like Catholics, UUC has 19 a faith tradition with a strong emphasis on Earth 20 Stewardship. One of our core beliefs calls for, 21 quote, "respect for the interdependent web of all 22 existence of which we are a part," end quote. I'm 23 here because the permit before us will pull 13 new Page 8 1 strands out of that interdependent web. When 2 multiplied over and other again, wrong calls on 3 this kind of decision before you will leave our 4 children stranded in a world where life becomes, 5 quote, "poor, brutish, nasty and short," end quote. 6 When we pull out the strand that 7 collapses our beautiful web, what will you say when 8 your kids ask, quote, "what were you doing when the 9 climate spun out of control?" That is the issue 10 before us. 11 There are two broad reasons, and a 12 lot of particulars in the brief that you've 13 received, that call for denial of this permit. 14 First, these 13 wells fall under the 1951 Illinois 15 Oil and Gas Act, namely Part 240 of the Act. Part 16 240 collects no taxes, has no fines nor criminal 17 sanctions, and is therefore toothless. It also has 18 a threadbare set of rules that provide very few 19 protections to McLean County residents even if it 20 could be enforced. 21 Second, the county assumes all risks 22 and receives no rewards. There will be no state 23 revenue sharing with McLean County because the 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 22, 2014 Page 9 1 state collects no revenue on oil production under 2 Part 240 yet residents will face a lot of risks. 3 Here are some of them. 4 Number 1, Radioactivity. Part 240 of 5 the Oil and Gas Act does not require tests for 6 radioactivity in drill bit cuttings, oil field 7 brine, well site pipe and equipment, tank bottoms 8 and pit sludge. Instead, Section 240.940(c) allows 9 untested tank bottoms to be tilled into farm soil 10 and Section 240. excuse me, 240.940(d) allows 11 the same to be used as road oil on access roads. 12 This is deeply troubling for three 13 reasons: 14 First, southern Illinois has one of 15 the most radioactive oil fields in the United 16 States. Even if radioactivity in central Illinois 17 is lower than southern Illinois, there is enough to 18 build up over time in pipe, equipment and tank 19 bottoms. Radioactive pipe and equipment can end up 20 in scrap metal markets, and tank bottoms, a 21 poisonous excrement of crude oil, will be land 22 spread across O'Rourke's rich prairie soil. 23 Two, the high levels of radon in Page 10 1 McLean County homes indicate we already face a 2 problem with exposure to a radioactive gas that 3 causes lung cancer. As Table A1, on Page 18 I 4 hope the numbering's still the same, it may be Page 5 19 basically gives those radon levels for towns 6 in McLean County. They're really quite high. So 7 why should we compound matters by bringing radium 8 found in oil field waste up to the surface of 9 McLean County? 10 Three, Minard Run was placed under a 11 US EPA Administrative Order for violating the Clean 12 Water Act. And that's the thing I submitted in 13 the document I submitted. The reason was that they 14 were discharging oil and gas well waste water into 15 Lewis Run Stream that contained very high levels of 16 radium levels that were 10 to 30 times above the 17 EPA's maximum contaminant level for drinking water. 18 See Page 3 of my brief, it gives some of those 19 reports. And keep in mind that the recommended 20 contaminant level is zero. 21 Water. Part 240 of the Act does not 22 require baseline water tests for nearby residents. 23 We know of cases where homeowner water wells have Page 11 1 been contaminated and water rendered unfit for any 2 use as a result of oil extraction activities in 3 southern Illinois. What happens there can happen 4 here. People who lose their water wells will have 5 to pay for water delivery out of their own pockets, 6 unless they have baseline testing that shows their 7 water well was okay before drilling began and are 8 able to win a decision in a court of law. 9 Three, Minard Run will be allowed to 10 vent or flare gas. The first causes global 11 warming; the second causes smog, air pollution and 12 a host of adverse health effects. 13 Four, Minard Run can file for well 14 deepening or conversion permits with IDNR at a 15 later time. Once Minard Run has wells in the 16 ground, we could lose control over future oil 17 developments in McLean County. In sum, if we open 18 this door, we may not be able to close it in the 19 future. 20 Five, Minard Run's SUP application 21 has serious errors and misleading statements. 22 Conservative estimates of initial oil production 23 from Illinois oil wells run between 80 and 100 Page 12 1 barrels of oil per day and eight to ten eight to 2 fifteen barrels of brine per day. And these 3 numbers can go considerably higher, as my report 4 documents. Rather than only twelve truck trips per 5 trip per well to deliver oil to market, there will 6 be more like 170 to 200 trips. That's 2,000 to 7 2,600 trips per year for 13 wells. So your roads 8 are going to take a hit. And we also have the 9 added possibility of other risks as well. 10 We have the same situation for 11 corrosive, potentially toxic brine. Rather than 12 332 barrels of brine an average well in Illinois 13 will produce somewhere between 2,900 to 5,000 14 barrels of brine, or roughly 35,000 to 65,000 15 barrels of brine for 13 wells in the first year. 16 And this number will increase very significantly as 17 the water cut increases with well age. At the end 18 of a well's productive life, during enhanced oil 19 recovery or water flood operations, when water is 20 pumped back underground, one barrel of oil can be 21 accompanied by 10 to 20 barrels of brine. 22 In both cases, the application 23 underestimates road travel and brine production by 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 22, 2014 Page 13 1 at least eight to fifteen fold. Errors of this 2 magnitude are hard to explain. 3 And then there are the misleading 4 statements. The application states that DEEP brine 5 injection wells will not be used in McLean County. 6 This statement is meaningless because salt water 7 injection wells in Illinois oil fields are shallow. 8 As Table A3, I believe it's Page 19 or 20 in your 9 brief, shows the last 13 IDNR permitted brine 10 injection wells averaged 2,000 feet. Keep in mind 11 that salt water injection wells are only inspected 12 once every five years, and hopefully the fifth year 13 inspection is on site rather than just a paper 14 review. That means that a salt water injection 15 well can leak for five years before a leak is 16 caught, assuming timely on site inspection. 17 MR. KNAPP: Two minutes, Dr. Rau. 18 MR. RAU: And those inspections 19 identify widespread problems. In 2008 and 2009 20 IDNR found 67 and 63 cases of Class 2 salt water 21 injection wells with mechanical integrity problems. 22 Between 2008 and 2010, 95 wells were identified 23 with significant leaks. Each and every one of Page 14 1 those 95 wells represents a clear and present 2 danger to nearby groundwater and aquifers. People 3 in Downs have a reason to be concerned about their 4 water wells. 5 Injection wells can and do leak with 6 escaping brine to travel a mile or two underground. 7 These injection wells have contaminated nearby 8 groundwater wells. If you want a name, start with 9 Steve Combs. A YouTube video of Steve's story can 10 be found at the reference for Greenpeace USA, I 11 think it's on Page 14 and 15 in your references. I 12 strongly recommend that you watch Steve pay for and 13 truck drinking water to his home. 14 In short, I suggest we avoid both 15 deep and shallow brine disposal by banning any oil 16 field brine. 17 Final thing is Minard says that they 18 won't do high volume fracking under the new 19 Hydraulic Fracturing Regulatory Act. That means 20 they're leaving on the table medium volume 21 hydraulic fracturing. Hydraulic fracturing for 22 now hydraulic fracturing, medium volume fracking, 23 is still on the table, that issue has not been Page 15 1 addressed. 2 Finally, we have a problem of the 3 IDNR. The state cannot protect residents in McLean 4 County because it lacks both the staff and the 5 regulatory authority to do so. If there is a 6 conflict between Minard Run and McLean County, IDNR 7 is more likely to represent the interests of the 8 oil company than the county. Simply ask folks in 9 the Mahomet Aquifer Consortium how these things 10 work. 11 So in the final analysis, only you 12 and the McLean County Board can protect us and 13 there's only one foolproof means of protection. 14 Please recommend denial of this supplemental use 15 permit. 16 MS. RUDOLPH: Thank you, Doctor. 17 Questions from members of the board? 18 BY: MS. TURNER 19 Q. You stated that once they're drilling 20 they can go state to state to change their 21 drilling? 22 A. Correct. 23 Q. Why do you think that's the case? Page 16 1 A. Well, they can't. The issue of state 2 preemption of county control has not be resolved. 3 I believe the McLean County Board sent a letter to 4 the IDNR on that request and to the best of my 5 knowledge that request was not answered. It was 6 grouped in with some other requests that were 7 asking different questions. So the issue of what 8 the state intends to do on preemption of county or 9 zoning ordinances is still up in the air. That's 10 an unresolved question. The standard practice in 11 most other states is that the regulatory agency 12 responsible for wells exercises control over all 13 permitting of wells and their location with the 14 exception of municipalities that have home rule. 15 So the county basically is in a nether, nether land 16 legally. 17 BY: MS. RUDOLPH 18 Q. You mentioned that the IDNR staff has 19 gone down, I think you said that? 20 A. Yes. 21 Q. Is there evidence of that? 22 A. Yes. 23 Q. There is evidence of that? 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 22, 2014 Page 17 1 A. Yes. I have that at the end of my 2 report where I analyze their staff. I don't have 3 an exact count of the on site inspection staff. 4 They have a total non-supervisory staff of 25. And 5 I think that somewhere between 12 and 15 of those 6 staff are on site inspection staff. 7 The workload that they have is so 8 high that they would have to be the most productive 9 regulatory staff in the world to get half of their 10 work done. We know from the coal field now, 11 that's a different division in IDNR, that's Mine 12 and Minerals that a good deal of their so-called 13 inspection is basically paper review. And they 14 rubber stamp reviews, even where there are 15 violations no fines are assigned, no permits are 16 revoked. 17 And so as a result of what are 18 basically violations of provisions requiring 19 inspection citizens in southern Illinois have filed 20 a brief mandamus to have the state stripped of its 21 regulatory oversight of coal mining and have that 22 placed in the federal government because of 23 systematic failures and regulation. I don't know Page 18 1 what the situation is in oil because it hasn't 2 received the kind of close scrutiny that coal has 3 received. 4 Coal, actually in Illinois, is 5 expanding production very rapidly, 60 percent over 6 the last five years, so it's a booming industry. 7 Whereas coal I mean, excuse me, oil in the 8 Illinois Basin is continuing to be a dying 9 industry. And the hope of wildcatters is to revive 10 it by finding reserves of oil underneath the New 11 Albany shale that can be fracked, that's their 12 hope. And they are discovering pockets of 13 conventional oil as they resurvey the Illinois 14 Basin with new technology. 15 MS. RUDOLPH: Any questions from 16 staff? 17 BY: MR. DICK 18 Q. Dr. Rau, you indicate that according 19 to the state regulations they wouldn't have to come 20 back here if they wanted to turn it into hydraulic 21 fracking; is that correct? 22 A. Here's the situation. The definition 23 of hydraulic fracturing and the high volume Page 19 1 excuse me, the Hydraulic Fracturing Regulatory Act, 2 also known as PA 98-0022, has three criteria for 3 defining high volume frac. And for hydraulic 4 fracture you have to use over 300 gallons of base 5 fluid in the fracking operation, or more than 6 80,000 gallons per stage. 7 Q. Doctor, I'm just asking you if 8 they're required to 9 A. No. For medium volume frac I don't 10 know, I don't know what the internal procedures 11 are. I know that there was a lot of 12 Q. But my question is you haven't got 13 really quite to my question. 14 A. Yeah. 15 Q. My question is then under those rules 16 are they required to go through this special use 17 process? 18 A. That's a good question, I really 19 don't know. What I do know is that they that a 20 company in fact several companies have already 21 fracked wells by getting a state permit. 22 Q. My question is 23 A. Yeah. Page 20 1 Q. under state law are they required 2 to go through the special use process 3 A. I don't think so. 4 Q. to do any oil or gas drilling? 5 A. No, I don't think so. 6 Q. So then why would you recommend that 7 they turn it down if there's no approval necessary? 8 A. I'm sorry, I don't understand the 9 question. 10 Q. If the oil companies are not required 11 to get a special use, 12 A. Correct. 13 Q. according to state law, 14 A. Right. 15 Q. why would you recommend denial on 16 it if no permit no special use is required? 17 A. Well, I'm assuming I'm hoping 18 and this is a hope that the state government 19 will respect local control, county control. That 20 remains to be seen as to whether they will in fact 21 do that because it hasn't been respected in other 22 states such as Colorado or 23 Q. But if we do have that control, don't 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 22, 2014 Page 21 1 you think then that the county could put other 2 restrictions on it? 3 A. I assume they could. And I would 4 assume that any company would respect those 5 restrictions. 6 Q. But I thought you said we couldn't 7 put any restrictions on them? 8 A. No. What I'm saying no. What I'm 9 saying is that if Minard Run decided that they 10 wanted to do something and the county basically 11 said you can't do it, one of the legal options they 12 would have would be go to IDNR and say, look, you 13 have the right under state law to permit oil and 14 gas operations, we're requesting a salt water 15 injection well or we're requesting a deepening of 16 this well. We don't feel that McLean County has 17 the technical competence to make those decisions, 18 you do, and we want you to make them. You see the 19 point? 20 Q. But do we wouldn't they use the 21 same argument that says we don't have a right to do 22 the zoning either because we don't have the 23 technical competence to do that? Page 22 1 A. They could do that, yes. 2 Q. Right. So conceivably though 3 A. That's how they are honoring your 4 special use permit. 5 Q. Conceivably we could enforce our 6 zoning regulations, couldn't we? 7 A. Yes, conceivably you could. 8 Q. And we could restrict them from deep 9 well injection and we conceivably restrict them 10 from hydraulic fracturing? 11 A. Conceivably you could, yes. 12 MR. KNAPP: Dr. Rau, I don't have a 13 question, 14 DR. RAU: Yeah. 15 MR. KNAPP: I want to apologize 16 for all my movement back here, I didn't mean to 17 distract you. 18 DR. RAU: Yeah. 19 MR. KNAPP: I want to let everybody 20 know what I did. Rather than passing all Dr. Rau's 21 exhibits around to the applicants and having to 22 recover them later I just asked Mike to make some 23 copies of them so we could give them to the Page 23 1 applicant. 2 DR. RAU: Okay. Yeah. Don't 3 MR. KNAPP: We gave them your 4 executive summary but just some of those exhibits 5 you gave us, that's all we were doing. 6 DR. RAU: Right. And I would like to 7 say that I am willing to give Mr. McFarland a copy 8 of the things because there are electronic links to 9 all the documents I have. Sir, if I could have 10 your e-mail address I'll be glad to send you a 11 copy. 12 MR. WETZEL: Thank you. 13 MS. RUDOLPH: Further questions from 14 staff? Okay. Does the applicant have questions 15 for Dr. Rau? 16 MR. WETZEL: We do. 17 BY: MR. WETZEL 18 Q. Dr. Rau, I think you said you're a 19 professor emeritus in sociology, true? 20 A. Right. 21 Q. Do you have any background in 22 engineering or in any of the I would say the 23 disciplines that would relate to the extraction of Page 24 1 oil and gas and the processes that are the subject 2 of this particular hearing? 3 A. No. But keep in mind that the oil 4 industry is just that, an industry. And as an 5 industry it plays in an industrial sociologist 6 ballpark. 7 Q. Do you have any technical knowledge 8 though about the process? I haven't had a chance 9 to look at it but I see number of references to 10 publications and other sources that I assume you, 11 in some sense, accessed those sources and have 12 tried to incorporate their conclusion and opinions 13 into this? 14 A. Uh-huh. 15 Q. Is that true? 16 A. Yes, I have relied on a number of 17 documents. 18 Q. You have no personal knowledge as to 19 the accuracy of what's in these but you have 20 obtained copies of whatever that material may be? 21 A. Yes. I have several drawers full of 22 documents. 23 Q. In connection with the IDNR and its 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 22, 2014 Page 25 1 current status, which is probably about all we 2 could look at, you do understand that it does issue 3 a permit and has issued a permit to my client in 4 connection with this particular project? 5 A. Yes. Yeah. 6 Q. And have you looked at that process 7 through which my client had to go in order to 8 secure that permit? 9 A. If the IDNR were more transparent and 10 made more records available I would have done so. 11 Q. May I take that as a no? 12 A. Give me the documents and I'll look 13 at them. 14 Q. Okay. Are you aware generally of the 15 process? 16 A. I'm generally aware. And I don't 17 know whether this is true, this is secondhand 18 knowledge, that they have never, if seldom, denied 19 a permit. I don't know whether that's true, I've 20 heard that. 21 Q. In any event, they haven't denied a 22 permit in this particular case? 23 A. They have denied a permit. Page 26 1 Q. IDNR has denied 2 A. Have they? I didn't know. 3 Q. No. They have issued a permit? 4 A. Yes, yes. 5 Q. They did not deny the permit? 6 A. Yes. They issued a permit, yes. 7 Q. Do you understand the situation to be 8 that what we are seeking here is a special use 9 permit in an agricultural zoned district in McLean 10 County, Illinois to conduct activities. And part 11 of the function of a special use is to permit the 12 county to impose restrictions on our rights to 13 proceed, you understand that? 14 A. I understand that. And I also 15 understand the issue that your the industry 16 you're involved in is an industry, it's not a farm. 17 Q. Does that have something to do with 18 the issuance of a special use permit? 19 A. Yes, it does. Because I'm very much 20 worried about what will happen to some of the 21 richest farmland in the United States, in the 22 world. 23 Q. You're not suggesting though that Page 27 1 it's inappropriate for us to proceed this way, you 2 don't think it's an appropriate use of the farm? 3 A. I think that under the zoning 4 guidelines there is a clear and present danger to 5 the soil on that land, which is some of the best 6 farmland in the United States. I have studied 7 what's happened to how brine sterilizes soil. 8 There's probably 28 to 30,000 acres of soil in 9 southern Illinois that has been sterilized, 10 rendered unfit for anything and now they're eroding 11 away 'cause nothing can grow on that soil. So I 12 know the damage that brine can do to farm soil. 13 It's significant. 14 Q. Again, I assume you're talking about 15 something you've read rather than you know 16 personally about; is that correct? 17 A. I've seen pictures of it. 18 Q. And through seeing pictures, can you 19 identify what caused the problem and what the 20 current status is? 21 A. I know what the Illinois 22 Environmental Protection Agency said. It was due 23 to the mismanagement of brine. Page 28 1 Q. By some operator, if you will? 2 A. By a number of operators. 3 Q. Okay. Back to this special use 4 situation. The McLean County zoning code provides 5 specifically, I believe and we have plenty of 6 people here to prove this, that an oil and gas 7 procedure such as we are requesting is a special 8 use in an ag district? 9 A. Right. I understand that. 10 Q. So what we are doing is consistent 11 with what is provided for in the Code? 12 A. Not necessarily. There are a whole 13 series of restrictions on a special use permit 14 involving health, involving property values, 15 involving the protection of the environment that I 16 believe your special use permit would violate. So 17 I don't think that you are in conformance with the 18 stipulations in Special Use Permit Section, Section 19 8 of the McLean County Zoning Ordinance. 20 Q. Do you have any evidence of that of 21 your own knowledge that we would be doing that? 22 A. Well, I can't project what you will 23 do in advance. I can only predict the track record 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 22, 2014 Page 29 1 of your industry is not very good. 2 Q. I'm not sure how you measure good. 3 But certainly it's been an industry that we've 4 depended on many, many years and currently do 5 depend upon to a very, very significant extent, 6 would you agree with that? 7 A. Pardon? Say that again, sir. 8 Q. It's an industry that has been with 9 us for a number of years and upon which we 10 currently depend to a very significant extent? 11 A. Well, just because something has been 12 with us for many, many decades doesn't necessarily 13 make it a good thing. 14 Q. I agree. 15 A. The you know, the heroin trade has 16 been with us for decades, it's not a good thing. 17 You know, a lot of things are with us for a long 18 time, they're not good things. 19 Q. In connection with staffing levels at 20 DNR, is that something that this board could have 21 any control over? 22 A. Absolutely none that I know of. 23 That's a function of the state legislature and the Page 30 1 budgetary process and the general assembly. 2 Q. In terms of the way that an applicant 3 can secure a permit, is this something over which 4 this board has any control? 5 A. You mean in terms of an IDNR permit? 6 Q. Yes. 7 A. To the best of my knowledge, no. 8 Q. Are you aware of the fact that in any 9 county in which there is no zoning code there is 10 absolutely no restriction on drilling other than 11 that which is contained in the Oil and Gas Act? 12 A. That's my understanding. 13 Q. And are you also aware that actually 14 this procedure is a permitted use in McLean County 15 in certain districts? 16 A. Yes. 17 Q. Are you aware of that? 18 A. Yes. 19 Q. Without any supervision or activity 20 by the Zoning Board of Appeals? 21 A. That's my understanding, yes. And my 22 worry. 23 Q. You said that you thought they could Page 31 1 go once they got a permit, if they got a permit, 2 that they can go down to the state and seek some 3 kind of change that would allow, quote, hydraulic 4 fracturing, whatever you call it, violative of the 5 current standards that are proposed in our special 6 use permit? 7 A. Well, under the oil and gas permit, 8 OG10, they can refile for deepening, conversion, 9 modification, there's a series of things that they 10 can do to a well that they can file with the IDNR. 11 Q. But having seen the restrictions that 12 are proposed here in this particular application, 13 would they not then be in violation of the special 14 use permit issued by McLean County? 15 A. I hope they would be. 16 Q. Okay. And are you assuming that 17 McLean County would not seek to enforce the terms 18 of that special use permit? 19 A. If they knew there were a violation 20 they probably would. If they knew there were a 21 violation. 22 Q. Are you assuming they would not know? 23 A. Distinct possibility they wouldn't. Page 32 1 One of the things that I found as an industrial 2 sociologist is that for economic reasons the oil 3 and gas industries are among the most secretive 4 industries in the United States, and they have good 5 reason to be. But that's their modus operandi in 6 the industry. 7 Q. How did you reach that conclusion? 8 A. Because let's say you're an oil 9 company let's take Strata X for example who's 10 working in Clay County and you're exploring for 11 oil and you've locked up a lot of land and you have 12 a good hit. You want to be in the position to buy 13 up a lot more land before lease prices increase ten 14 fold. That's a very strong incentive to develop 15 sort of a culture of secrecy because your ability 16 to acquire land to develop requires secrecy. 17 That's why that young gentleman who 18 went into the Bureau of Land Management land 19 auction and bought I think something like 500,000 20 acres to basically it was forest land or was an 21 area near one of the major parks was able to do so. 22 Because it's a common practice in the industry to 23 send people in, third-parties, to buy land so they 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 22, 2014 Page 33 1 don't know that EOG Resources or Enron is just 2 trying to accumulate a half million acre position 3 in one area. So they have two or three people go 4 in and buy up that land. 5 Q. Are you aware that as a condition of 6 the issuance of the permit to my client that the 7 state imposes a requirement that it post a bond in 8 favor of the state to guarantee performance by my 9 client of the requirements under the Oil and Gas 10 Act? 11 A. Yes, I know that, sir. What is the 12 amount of that bond? 13 Q. I'm do you know? 14 A. Is it a thousand dollars? 15 Q. I don't know. I asked you if you 16 knew whether there was a bond? 17 A. I have it in my records. And what I 18 know is both under the old Oil and Gas Act and the 19 Hydraulic Fracturing Regulatory Act, the bond put 20 down is insufficient to cover the cost of cleanup 21 and well plugging should a company forfeit. And so 22 we have 4,000 abandoned wells, orphaned wells in 23 Illinois that are unplugged, that are leaking Page 34 1 methane and in some cases leaking brine because the 2 company went bankrupt in the 1980's or just decided 3 they didn't want to fork out the money to basically 4 plug those wells so they were turned over to the 5 state. What I know is that under the Hydraulic 6 Fracturing Regulatory Act the blanket bond is 7 $500,000. I am not positive what it is under Part 8 240, I think it's either 100,000 or 250,000, I'm 9 not sure. But that is capped. 10 So if you are a producer you start 11 getting 100 wells, 200 wells, the bond per well is 12 something like $400 when you're talking in, what, 13 anywhere from 12 to $20,000 to plug and to clean 14 up. Particularly if you've got contaminated soils, 15 those costs will be quite high. So even in 16 southern Illinois there are abandoned well sites 17 with unlined pits, they've got tanks that are just 18 falling apart, you've got oil all over the place 19 because companies just forfeited their bonds. 20 Q. And you don't know the amount of the 21 bond that was posted here but it was fixed by IDNR 22 as far as you know? 23 A. I think in the in both the Part Page 35 1 240 and 245 there are there's a sliding scale. 2 And so if you get one permit it's so much, if you 3 get more than a certain percentage it drops and 4 then it's capped as a blanket bond and after that 5 that covers all of your operations in the state. 6 Q. What is your what is the source of 7 your knowledge about the IDNR? 8 A. The source of my knowledge from IDNR 9 is what I have read. Their own web page is the 10 primary source. So in terms of their staffing and 11 in terms of what they claim the number of 12 inspections per year that they claim, that's on 13 their web site. And they claim 22,000 inspections 14 a year with an inspection staff that runs somewhere 15 between 12 and 15. So that's somewhere between 16 seven and nine inspections a day, assuming four 17 days of inspection 50 weeks a year. Now that's 18 walking on water. 19 Q. In your opinion? 20 A. Not in my opinion. I worked at a 21 regulatory agency at one time and I know what is 22 involved in on site inspections. So I have 23 difficulty understanding and this is the opinion Page 36 1 of environmental lawyers such as I'm trying to 2 think of her Ellen Ratsenberger (phonetic) who 3 was an environmental lawyer in Illinois that both 4 the IDNR and the Illinois Environmental Protection 5 Agency have been eviscerated and they are simply 6 incapable of meeting their statutory obligations 7 and responsibilities with the staffing and the 8 budgets that they now have. That's the opinion of 9 an environmental lawyer. And given the numbers 10 that I've looked at, I would have to arrive at the 11 same conclusion. 12 I don't see how for example, let 13 me give you one example, and it's also an example 14 of the problems. I don't know exactly how many 15 class two injection wells IDNR is responsible for, 16 they on their web site they list 10,500, 17 elsewhere the EPA lists 7,783. Which is the 18 correct number? I don't know. But in Iowa 19 excuse me, Ohio, they require unannounced visits at 20 every injection well site every 12 weeks. Now, if 21 we were to do that in Illinois, assuming 10,000 22 again, I don't know how many wells are out there. 23 And I think this is a lack of staffing. I think 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 22, 2014 Page 37 1 IDNR simply cannot keep up with all their 2 responsibilities. If they got 10,000 wells that's 3 40,000 inspections a year following Ohio standards 4 just for class two injection wells. 5 Q. Dr. Rau, isn't this more this 6 position that you have more a legislative problem 7 of underfunding, a staffing problem of the EPA, 8 this has nothing to do with this particular 9 project, does it? 10 A. Yes, it does. Because if the IDNR 11 cannot do adequate on site inspections to ensure 12 that even the extremely rudimentary protections 13 they have under Part 240 are upheld who protects 14 us? 15 Q. Well, you say we were having massive 16 failures and massive not following the regulations. 17 Wouldn't we be aware of it, wouldn't the 18 legislature funding and the staffing be brought to 19 levels 20 A. I'm concerned about much more basic 21 rudimentary things. Say we have lined pits. It's 22 required under state law we have a lined pit. We 23 have pictures downstate Illinois of pits that are Page 38 1 unlined. Now, how is that happening? It's not 2 allowed under state law and yet we have pictures of 3 unlined pits with oil, this gunk put in unlined 4 pits. 5 Q. But that hasn't got anything to do 6 with this particular client of mine or this 7 particular project 8 A. How do we know that won't happen 9 here. 10 Q. Well, we don't. But if you choose 11 to believe that it will 12 A. I don't believe anything. I'm just 13 basically expressing concerns about an operation in 14 Illinois that we really feel lacks adequate 15 statutory provisions to protect their citizens and 16 the lack of adequate staff to make sure that if the 17 provisions were there they were enforced. The 18 other problem is most of the staff that's hired in 19 agencies like the Division of Oil and Gas have come 20 out of the oil and gas industry which in a sense 21 makes sense because they have the technical skill 22 to do it. The problem is they have the same 23 mindset as the industry. Page 39 1 And so how to get those guys to shift 2 from being someone who works from an oil or a gas 3 company to a servant of the public, protecting the 4 public, is a very difficult thing to do. It's a 5 real regulatory conundrum. 6 Q. Would it be fair to say that you 7 don't like the oil and gas industry? 8 A. I think it would be fair to say that 9 I am a fossil fuel abolitionist and if this were 10 1850 I would be an abolitionist with respect to 11 slavery for much the same reasons. I have a 12 granddaughter and so there's a three letter word 13 that describes everything that I'm doing here, her 14 name is Kai, K-A-I. I want her to inherit a world 15 that gives her a chance of leading a you know, 16 leading a decent life. And the environment is 17 unravelling in front of our eyes. The number one 18 culprit is everyone in this room, everyone in this 19 room who's consuming fossil fuels. And kicking 20 that habit is going to be extremely difficult but 21 this is one room where we can start. 22 MR. WETZEL: I have no more 23 questions. Page 40 1 MS. RUDOLPH: Any questions from any 2 interested party or objectors who'd like to 3 question Dr. Rau? Thank you, Dr. Rau. 4 DR. RAU: Okay. 5 MS. RUDOLPH: I've heard this 6 gentleman say his name but I'm not sure I can say 7 it very well but I'm going try. Ron 8 MR. WOJTANOWSKI: Just say Ron. 9 MS. RUDOLPH: Thank you. I'm going 10 to really listen when you say it this time. Could 11 you raise your right hand, please. 12 RON WOJTANOWSKI, 13 The witness, having been first duly 14 sworn upon his oath, testified as follows: 15 BY: MS. RUDOLPH 16 Q. State your name and address. 17 A. Ron Wojtanowski. 350 East Road, 18 Danvers. 19 Q. Thank you. 20 MR. BEHARY: What's your address on 21 350 East Road? 22 MR. WOJTANOWSKI: 18870 North. 23 MR. DICK: Could you spell your last 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 22, 2014 Page 41 1 name, please? 2 MR. WOJTANOWSKI: W-O-J-T-A-N-O-W-S-K-I. 3 MS. RUDOLPH: You may proceed. 4 MR. WOJTANOWSKI: Okay. I have lived 5 in rural McLean County for many years. I used to 6 live only a few miles from the proposed drill site. 7 For many summers I worked in that vicinity for 8 Golden Harvest who grows seed corn. I can't 9 imagine why we would want to use some of the most 10 fertile cropland in the world for oil extraction. 11 With the inherent risks associated with oil 12 extraction why would we want to risk polluting the 13 water, soil, and air in our county. Nothing is 100 14 percent safe when it comes to drilling for oil. In 15 the end it will be the residents of McLean County 16 who will pay the price when serious problems occur. 17 It is also troubling that the 18 president of Minard Run Oil stated in the 19 Pantagraph that they want to drill here because the 20 regulations in their own region of and 21 New York have made it difficult for their company 22 to operate. The question is do we really want to 23 be the place where oil companies come to operate Page 42 1 less responsibly? 2 As I said, in McLean County we have 3 some of the most productive farmland in the world. 4 With a soil analysis score of 96 out of 100 the 5 O'Rourke property is certainly in that category. 6 Mixing drilling fluid into this rich black soil is 7 a bad idea. 8 If you've been out in the country 9 after a heavy rain you know that the rain water 10 runs through the drainage tiles, waterways, and 11 ditches like a river. I think it's safe to say 12 that the chemicals and contaminants that are mixed 13 in with the drilling fluid will not exclusively 14 stay on the O'Rourke property but will end up on 15 neighboring properties and in the watershed. Can 16 we be sure that these contaminants are 100 percent 17 safe? 18 We must also take into account the 19 quality of life of the residents neighboring the 20 proposed drill site. Standard Two of the seven 21 standards required to be met for a special use 22 permit states that the special use permit will not 23 be injurious to the use and enjoyment of other Page 43 1 property in the immediate vicinity or substantially 2 diminish property values. Being a rural resident 3 myself I can tell you that the reason we chose to 4 live in the country is because the experience of 5 country living enriches our lives. I am sure that 6 the residents neighboring the O'Rourke's property 7 worked hard to build their lives and raise their 8 families on their little patch of ground that they 9 love. So imagine waking up to find out that your 10 home is going to be surrounded by an oil field. 11 Neither the O'Rourkes nor Minard Run 12 Oil had the courtesy to inform them that this 13 drilling was going forward. They found out about 14 it just like the rest of us, when they heard it 15 when they heard about it in the media. Is this how 16 we treat our neighbors in McLean County? Is this 17 lack of respect the attitude that Minard Run Oil is 18 going to have towards these neighbors into the 19 future or will Minard Run Oil step up and do the 20 right thing if problems arise on neighboring 21 properties as a result of their operations? 22 We can't just see our land as a 23 commodity that generates short term profits, we Page 44 1 must see our land as a valued part of our heritage 2 to be protected for generations to come. Will 3 future generations want to live on the land and 4 raise their children here in McLean County? That 5 depends on how we treat our land now. We simply 6 cannot pollute our water, poison our soil or foul 7 our air. We have already made a big commitment to 8 clean energy in our county, let's continue on that 9 path. Say no to oil drilling and reject this 10 permit application. Thank you. 11 MS. RUDOLPH: Thank you. Questions 12 from members of the board? Questions from staff? 13 Questions from applicant? 14 MR. WETZEL: Just a couple. 15 BY: MR. WETZEL 16 Q. You won't be offended if I refer to 17 you as Ron, will you? 18 A. No, that's fine. 19 Q. Okay. Thank you. You live in 20 Danvers, Illinois? 21 A. I live outside of Danvers. 22 Q. Okay. Approximately how far are you 23 from this proposed site? 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 22, 2014 Page 45 1 A. We're probably 30 miles away. 2 Q. You have been here at this hearing, I 3 believe, each night 4 A. Yes. 5 Q. that it's taken place? You have 6 heard testimony, I take it, from geology background 7 people, engineering background people regarding the 8 safeguards, the character of the company, the 9 various things that are in front of this group 10 right now. Do you have any personal knowledge, by 11 education or otherwise, about the hazards of the 12 pollution of the air, of the water, the 13 characteristics of the fluids that are used, the 14 do you have any do you bring some level of 15 expertise, either through education or otherwise, 16 to those issues? 17 A. No. 18 Q. Okay. So your feelings basically 19 about these that you've just expressed I take it 20 are based upon either and/or both your own personal 21 observations and perhaps what you've read or heard 22 from others? 23 A. Yes. Page 46 1 Q. Are you aware of the fact that my 2 client has secured from the Department of Natural 3 Resources a permit to do this drilling? 4 A. Yes. 5 Q. All right. Are you aware of the fact 6 that in order to obtain that permit it has had to 7 submit an application and in fact post a bond to 8 guarantee that it would in fact abide by the terms 9 of the statute which applies to these types of 10 activities? 11 A. Sure. 12 Q. Okay. Do you have any testimony that 13 you could present that would challenge the factual 14 conclusions that I think have been reached by the 15 I'll call them the professional technicians that 16 have spoken here about this subject relating to 17 radon, radioactivity, intrusion in the Mahomet 18 Aquifer, those ferrous matters, do you have any 19 opinions about that that are based on your own 20 personal knowledge? 21 A. I have opinions about that based on 22 where I live and how I feel about where I live. 23 Q. Okay. And you live 30 miles away. Page 47 1 How do you feel about where you live? 2 A. In relation to what? 3 Q. To this project site. 4 A. As I said, I've had past experience, 5 I've lived only a few miles from that area. So I 6 feel close to that area in terms of what's 7 happening there. I worked in that area for many 8 summers. And being a long time rural resident I 9 feel strongly about the land in McLean County, how 10 it's used, and the quality of life that we rural 11 residents have in McLean County. 12 Q. This would be your observation of 13 what the people in and around the Downs area would 14 feel was important? 15 A. Sure. Sure. 16 MR. WETZEL: I have no more 17 questions. 18 MS. RUDOLPH: Any questions from any 19 interested parties or objectors in the case? Okay. 20 Thank you, Ron. 21 MR. WOJTANOWSKI: Thank you. 22 MS. RUDOLPH: Margaret Keylin. Raise 23 your right hand, please. Page 48 1 MARGARET KEYLIN, 2 The witness, having been first duly 3 sworn upon her oath, testified as follows: 4 BY: MS. RUDOLPH 5 Q. State your name and address, please, 6 for the record and spell your name. 7 A. Okay. My name is Margaret Keylin, 8 K-E-Y-L-I-N. And I live at 304 North Woodlawn in 9 Downs, Illinois. I was born and raised in Downs. 10 Q. Can you state your proximity to the 11 project that's the reason for the county hearing? 12 A. Probably four miles, five miles. 13 MS. RUDOLPH: Thank you. You may 14 proceed. 15 MS. KEYLIN: Okay. This zoning board 16 is charged with protecting the health, safety, 17 morals, comfort and welfare of the McLean County 18 public from detrimental or dangerous activities 19 conducted and overseen by Minard Run Oil Company. 20 Minard Run Oil Company has said it will flare gas 21 releasing unknown contents into our air. One of 22 these gases, according to Dr. Nelson, will be 23 methane, a major factor in climate change or global 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 22, 2014 Page 49 1 warming. 2 The company has no plans to monitor 3 or capture the methane or any of the other 4 potentially hazardous gases being released into the 5 air. This is a health risk and for many a moral 6 issue. 7 Minard Run Oil Company admits that no 8 testing has been done or is planned for possible 9 radioactive releases in an area known for 10 radioactive rock formations, this is a potential 11 health risk. Minard Run Oil Company has no plans 12 to monitor drinking water wells before, during or 13 after drilling. They the company does not know 14 what local water features could be contaminated by 15 leaks or spills or blowouts. These two facts pose 16 health and welfare risks as they could affect 17 farming in this area. Minard Run Oil Company plans 18 to transport potentially highly flammable oil 19 through the community creating health and safety 20 hazards. 21 This zoning board is charged with 22 assuring that adequate utilities, access roads, 23 drainage and/or other necessary facilities have or Page 50 1 will be provided by Minard Run Oil Company. Minard 2 Run Oil Company has no plan put in place in case of 3 blowout or spill or breech of the local aquifers or 4 wells would this happen. This to me is inadequate 5 planning and poses serious safety and welfare risks 6 that could be long term. 7 Minard Run Oil Company could not 8 assure immediate competent fire protection in case 9 of a major fire. This is a safety risk and 10 inadequate planning. Minard Run Oil Company does 11 not know what's being released into our air from 12 the holding tanks or from the clay and chemical 13 mixed slurry or from the flares. This is 14 information a company, in my opinion, should 15 provide the community and indicates inadequate 16 planning as well as health and safety risks. 17 Minard Run Oil Company's drill site 18 manager doesn't know what kind of rock he will 19 encounter as he drills and I'm wondering how you 20 can plan to drill not knowing what you're drilling 21 into. This again seems inadequate planning. 22 Farmers and families who live in and 23 near the potential site have legitimate concerns Page 51 1 about negative changes that could happen to their 2 air and drinking water and we have to consider what 3 could happen. Minard Run Oil Company has no plans 4 to monitor local wells before, during or after 5 drilling and seems hesitant to test the water of 6 landowner whose land is surrounded by the oil well 7 site. If drinking water problems arise the farmer 8 and his family will have to provide to prove the 9 oil company is at fault which is an expensive and 10 time consuming burden. 11 These wells are located south of 12 Downs and Downs gets winds from the south 13 year-round and would be in line with any toxic 14 fumes from the tanks, from the drilling rig if 15 there's leaks or those flares. Though the company 16 will provide seven inch casings cemented to the 17 surface to protect fresh water and blowout 18 preventer after the Gulf oil disaster we know these 19 precautions can fail. 20 After the West Virginia oil spill 21 from tanks into a subsidiary of the Ohio River it's 22 hard to welcome an unknown number of 210 barrel 23 steel oil and salt water storage tanks into our Page 52 1 community. After numerous oil spills and 2 explosions in several states it is unsettling to 3 picture semi-trailer trucks full of oil making 4 numerous trips a year over our local roads which 5 weren't built for such loads. Paying overload 6 fines does not assure safety. 7 Many times in answer to our questions 8 Minard Run Oil Company's response was that they are 9 in compliance with local and state laws. And I 10 believe that is true. The problem is our 1950 oil 11 and gas regulations are incredibly outdated and 12 this industry has changed drastically since then. 13 They our rules don't adequately cover the oil 14 and gas extraction methods of today. We in effect 15 have little or no regulation of the oil and gas 16 business. That regulation is left mainly up to the 17 industry itself. I do not feel comfortable with 18 that considering the recent negative environmental 19 history of the oil and gas industry. We can't 20 allow even the smallest risk to our fresh air, our 21 drinking water and our growing ground. We have to 22 be focused on preventing environmental degradation 23 that threatens our communities now and in the 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 22, 2014 Page 53 1 future. 2 I urge the zoning board to deny this 3 special use permit to Minard Run Oil Company 4 because they are not in sync with our McLean County 5 zoning standards. 6 MS. RUDOLPH: Thank you. Questions 7 from members of the board? Any questions from 8 staff? Questions from the applicant? 9 MR. WETZEL: Just a few. 10 BY: MR. WETZEL 11 Q. Ms. Keylin, do you have any 12 educational background or experience in geology or 13 in engineering or in any of the academic 14 disciplines that are involved in the process that 15 we're discussing here tonight? 16 A. Unfortunately, no. And it really 17 feels as though almost everybody has to have a 18 major background in all of that to truly understand 19 what is proposed. 20 Q. You've heard some testimony you've 21 been here each of the nights? 22 A. Yeah. 23 Q. You've heard the testimony from Page 54 1 people who are in that field or have at least the 2 educational background and experience? 3 A. Uh-huh. 4 Q. Do you know, of your own knowledge, 5 that any of the testimony that was presented is not 6 true? 7 A. Well, there were a lot of questions 8 that were unanswered, that were not sure, I don't 9 know. So not that anything's untrue, it's just 10 that there are a lot of things that were sort of 11 unknown. 12 Q. But aren't there a lot of unknown 13 things with a lot of things? 14 A. Well, but these were things like what 15 kind of rock formation will you be drilling through 16 and what kind of gas will be coming out of the 17 flares, those are pretty basic I think. And for 18 me, if I was an oil company, I would know those 19 things, I would know the chemicals that I was 20 mixing in the slurry. 21 Q. Isn't it true though that if you're 22 going to drill into the ground the only way to know 23 what's into the ground is to drill into the ground? Page 55 1 A. Perhaps. Although I have heard of 2 you know, I'm not sure the names of those but there 3 are visions, heat, radar, I don't know the names of 4 them but I believe there are some imaging methods 5 available to know quite a bit. 6 Q. Do you understand that in probably at 7 least half of the counties in the State of Illinois 8 there is absolutely no local supervision of 9 exploration for oil and gas? 10 A. We're not known as an oil producing 11 state. 12 Q. By whom are you not known as an oil 13 producing state? 14 A. Well, by me. And I've lived here all 15 my life. There is a little bit of oil here, yeah, 16 but we're certainly not or we're not 17 the Adirondacks or we're not Texas. 18 Q. Are you aware of the quantity of oil 19 that's generated in all the oil wells of southern 20 Illinois? 21 A. I am not. But my statement on that 22 is that just recently the trend, in terms of 23 science different sciences and I would have Page 56 1 to look this up to give you the source is that 2 we have really come close to Enron with our fossil 3 fuel use in terms of our environment and that we 4 really need to be seeking other sources rather than 5 trying to extract everything we possibly can from 6 our beneath the earth. 7 Q. That would be your view? 8 A. That would be my view. And it's a 9 view shared with many. 10 Q. Sure. Have you appeared at other 11 public hearings involving the issuance of permits 12 for drilling? 13 A. No. No. 14 Q. Have you ever gone to the state 15 legislature and petitioned anybody to increase 16 financing for any governmental entity to increase 17 supervision or inspections? 18 A. For oil? No. 19 Q. Yeah. You talked about perhaps some 20 kind of traffic issues on the roads and the 21 capacity of those roads to handle it. Do you know 22 how many trucks may pass, let's say, from the site 23 to wherever it would be taking these tanker trucks 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 22, 2014 Page 57 1 to deliver the oil? 2 A. I didn't bring those papers up but I 3 believe you were talking about, what, 12 per year 4 or something like that. But then you said that 5 those numbers were not correct. And that was 6 another place where the numbers didn't seem to be 7 known. And that many times there's an 82,000 pound 8 load that they have, many times the trucks would be 9 definitely over that and that if you did find oil a 10 second kind of rig would have to be brought in that 11 is much larger, much heavier and that it would be 12 way above. 13 Q. Do you understand that there is a 14 condition of the issuance of the permit, special 15 use permit, there is requirement that the applicant 16 enter into a road agreement with both the County of 17 McLean and a separate road agreement with the 18 Township of Downs which has jurisdiction over the 19 road in front of that parcel? 20 A. What would that permit say? 21 Q. Well, it would be and actually the 22 one that was with the county, the exact terms of 23 that have been agreed upon. And if approved if Page 58 1 I understood what I read in the paper right where 2 actually it was approved at the county board 3 meeting yesterday subject to the issuance of this 4 special use permit. But basically it was and is an 5 agreement by which Minard agrees to make a payment 6 annually to the county. It will inspect the roads 7 prior to starting this process and it will abide by 8 the load limits, which I believe are 72,000 pounds, 9 and that damage that's attributable to use of these 10 roads by Minard will be paid for. They carry 11 insurance, they're obligated to do that. The 12 agreement is quite comprehensive and would be 13 available for inspection. 14 I mean, it's a public document in the 15 sense that it was considered and approved by the 16 county board, it was negotiated by the county 17 highway superintendent and the people at Minard. 18 But in any event, it provides a level of comfort 19 and security that is satisfactory to McLean County 20 and is, I would say, somewhat similar to the issues 21 that were addressed when the wind farms came in and 22 they knew that there was going to be damage to the 23 roads, the county since did that. Actually I think Page 59 1 there is some question of what would happen. But 2 in any event well, are you familiar with this 3 site? 4 A. Yes, I am. 5 Q. Okay. Do you I've been there so I 6 can say that I have been there and I know how to 7 get there from Bloomington, which is where I live, 8 and that's about the extent of it. I cannot say I 9 travel those roads however I know that it is a 10 quite remote area. 11 A. Uh-huh. 12 Q. There are several residences but the 13 primary use of that area is for agricultural 14 purposes. And I can't imagine that the volume of 15 truck traffic that would be generated by this 16 project would in any ways impact the road system. 17 And there will be in place an agreement, we will 18 not we cannot operate under the terms of the 19 special use permit if it's issued, we cannot 20 operate unless we have a road agreement with the 21 township and the county. We do have one with the 22 county so the 23 A. Having it implies that the roads will Page 60 1 be ripped up, that they will need repaired. If 2 indeed the amount of brine is eight to 15 fold more 3 than has been stated there's going to be an awful 4 lot of truck traffic coming and going and, you 5 know, that alone is unacceptable to me, you know. 6 Why should we have to endure our roads, A, being 7 ripped up and then having to wait to be put back 8 together again. Trucks are pretty hard on those 9 little roads out there. 10 Q. But do you understand that there are 11 posted load limits, I think generally 72,000 pounds 12 it may be posted for the roads, stuff like that, 13 and that these loads will be within that. Or if 14 for some reason there is an overload permit will be 15 sought from the township road supervisor? 16 A. I understand that. But what I also 17 hear is quite often the roads will be worn. And 18 what I heard in the testimony before, I guess it 19 was testimony, was that, one, you know, if you're 20 over the load then what you do is you pay a fine. 21 And that fine is not fixing the road. Although you 22 might have something to fix the road that fine does 23 not insure safety on the road, you know, if 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 22, 2014 Page 61 1 roads are ripped up. You won't be the only people 2 using those roads. 3 Q. Absolutely not. I hope that all the 4 farmers are out in the fields and are harvesting 5 the crops they've grown and are taking them to the 6 elevator and using the roads. 7 A. Uh-huh. 8 Q. And in fact I would hope the roads 9 are clogged because that's a good use of those 10 roads, that's why they're there is to get people 11 and products and materials from one place to 12 another. 13 A. Well, I don't know. Country living 14 doesn't really go for clogged roads much. But the 15 use of roads and having them there is needful. 16 MR. WETZEL: I have no more 17 questions. 18 MS. RUDOLPH: Questions from any 19 interested parties or objectors for this witness? 20 Thank you, Ms. Keylin. Meredith Schroeer. Do you 21 wish to be sworn in or affirmed? 22 MS. SCHROEER: Affirmed. 23 MEREDITH SCHROEER, Page 62 1 The witness, having been first 2 affirmed, testified as follows: 3 BY: MS. RUDOLPH 4 Q. State your name and address and spell 5 your name, please. 6 A. Meredith Schroeer, S-C-H-R-O-E-E-R. 7 605 Normal Avenue in Normal. And I don't live near 8 Downs. At least not very near. 9 MS. RUDOLPH: Thank you. You may 10 proceed. 11 MS. SCHROEER: I want to start out by 12 saying that I appreciate this opportunity to 13 express my concern to the Zoning Board of Appeals 14 and I also appreciate the service which the members 15 of the Zoning Board of Appeals are rendering to us 16 all. I would like to urge the Zoning Board of 17 Appeals to refuse a special use permit to put a new 18 oil well in Downs, or near Downs, because in a very 19 real sense a new oil well will not meet Standard 20 Two of the seven standards required to receive a 21 special use permit. 22 A new oil well will be detrimental to 23 and endanger the health, safety, comfort and Page 63 1 welfare of the public. I am thinking of the air 2 pollution produced by burning off excess gases 3 released in the operation of the well and the risk 4 of contamination of nearby shallow residential 5 water wells and the possible risk of soil 6 contamination from the field spreading of material 7 recovered in the drilling process. 8 But I am also thinking of the larger 9 risks posed to all citizens of McLean County by 10 climate change. We are all aware that our climate 11 is changing, in some places dramatically, in others 12 less so. One of the chief drivers of climate 13 change is the greenhouse gases produced by burning 14 fossil fuels. I believe that now we have no 15 choice, we have to reduce our dependence on fossil 16 fuels if we are to mitigate the effects of climate 17 change which are already happening. Extreme 18 weather events, disruption of agricultural, 19 increased mobility northwards with hotter weather 20 patterns, of plant and animal pathogens and 21 disturbance of our native ecosystems with their all 22 important pollinators. For this reason communities 23 all across the nation are trying to transition from Page 64 1 fossil fuels to alternative energy sources, solar, 2 wind, geothermal, biomass and others. Here in 3 McLean County we have been building wind farms and 4 newly certified energy efficient buildings and 5 other forms of energy conservation. We will still 6 need to utilize fossil fuels to buy ourselves time 7 while we research still other sources of clean 8 energy and continue to expand the use of those we 9 already have. But drilling new oil wells is a step 10 backward, a denial of reality. 11 On October 14th Secretary of Defense 12 Chuck Hagle released a Pentagon report which 13 declared that climate change is an immediate 14 security risk for the United States and describes 15 it as a, quote, threat multiplier. The reason is 16 that the effects of climate change are likely to 17 impair access to food and water in many countries. 18 Extreme weather events may damage infrastructure as 19 we saw in Hurricane Katrina and spread disease. 20 Drought may uproot and displace large numbers of 21 people leading to large scale migrations. These 22 developments could undermine already fragile 23 governments as well as increasing tension between 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 22, 2014 Page 65 1 countries already vying for limited resources. 2 Such hardships and human misery are seed beds for 3 extremist ideology and terrorism. Secretary Hagle 4 said, while scientists are converging toward 5 consensus on future climate projections uncertainty 6 remains but this cannot be an excuse for delaying 7 action, end of quote. 8 And this is why all across our 9 country our fellow citizens are working to shut 10 down coal fired power plants and opposing the 11 opening of new ones. It is one of the reasons why 12 so many people are working to ban fracking and to 13 stop the XL Pipeline which will encourage the 14 further development of oil recovery in northern 15 Canada. It can't be business as usual any more. 16 Right now the U.S. is producing ample 17 amounts of oil for our use. We don't need to open 18 a new well here in Downs in prime agricultural land 19 because now we have to think in terms of new 20 sources of energy. Our future health, safety, and 21 welfare depend on changing to alternative energy 22 sources. Thank you. 23 MS. RUDOLPH: Thank you. Questions Page 66 1 from members of the board? Questions from staff? 2 Applicant have any questions for this witness? 3 BY: MR. WETZEL 4 Q. Ms. Schroeer, is it true that you 5 would be an advocate of no new oil wells under any 6 circumstance? 7 A. I think I would have to know the 8 circumstances. 9 Q. Well, if this oil well was being 10 proposed in DeWitt County and the applicant sought 11 to drill in DeWitt County, wouldn't your concerns 12 about that applicant in DeWitt County cause you to 13 go to DeWitt County? Isn't this is problem for the 14 nation, for the country, for the world to deal with 15 and not it needs to be dealt with legislatively 16 and effectively and wouldn't you go to DeWitt 17 County? 18 A. I think that this is a problem for 19 all of us and what I'm hoping is that the McLean 20 County Board will have the courage to do what we 21 have to do all over the country and say no to 22 opening new methods of fossil fuel extraction 23 because our future cannot be built on the use of Page 67 1 fossil fuels. 2 Q. Are you asking this in the context of 3 it being somewhat of a political statement? 4 A. Well, politics concerns politics 5 is the subject of how we govern ourselves. And I 6 think I'm not thinking in terms of I'm 7 thinking in larger terms here than Republicans and 8 Democrats, I'm thinking of how human beings set 9 about to choose the conditions which are optimal 10 for their society. And I think that as a society 11 we're going to have to make the very difficult 12 decision to turn away from using fossil fuels and 13 at some point that's going to have mean saying, no, 14 we're not going to have a new well, we're going to 15 put our entire emphasis and focus on developing 16 alternative energy sources because we want to leave 17 a good world for our children and our 18 grandchildren. And we can't pretend that these 19 problems aren't happening and that we have to deal 20 with them. 21 Q. Do you have any background or 22 training, education or otherwise, in geology or in 23 any of the disciplines that would naturally be Page 68 1 associated with this special use application? 2 A. Well, my objection my objections 3 are not related to the technical aspects of the 4 well, they're related to the fact that we are 5 pushing if we open the a new well here we're 6 pushing forward with the use of fossil fuels. No 7 matter how safe the well is we're still going to be 8 burning the fossil fuels and adding to the 9 greenhouse gases in the environment and we are 10 foreclosing the future for our children and 11 grandchildren who will have to deal with these 12 problems. And so if you had the safest well in the 13 world I would still be opposing it because that is 14 not the way we have to go. 15 MR. WETZEL: I have no more 16 questions. 17 MS. RUDOLPH: Any interested parties 18 or objectors have questions for this witness? 19 Thank you. 20 Juergen Schroeer. I'd like to affirm 21 you now. 22 MR. SCHROEER: Yeah. 23 JUERGEN SCHROEER, 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 22, 2014 Page 69 1 The witness, having been first 2 affirmed, testified as follows: 3 BY: MS. RUDOLPH 4 Q. State your name and address and spell 5 your name, please. 6 A. I'm Jeurgen Schroeer. J-U-E-R-G-E-N, 7 last name Schroeer, S-C-H-R-O-E-E-R. And I live at 8 605 Normal Avenue in Normal which as we all know is 9 several miles away from Downs. And anticipating 10 some questions and comments which might be made, 11 which have been made with previous presenters, I'll 12 say that I'm prejudiced against many of the 13 extractive industries because operators often have 14 not been good neighbors. That doesn't mean that 15 all of them have been have not been good but 16 many of them have. And I so I want to state 17 that. 18 As to background, I'm a physicist, 19 taught as a physicist, had quite a bit of chemistry 20 but I've never had a course in geology. I think 21 I've read enough about it, you know, reasonable 22 understanding. Not saying I'm better than 23 everybody else here but any way. And same as Page 70 1 chemistry and so on. And having been around a long 2 time and having been involved in any way, in 3 reading about environmental issues, extraction and 4 so on, teaching of course physics and the 5 environment I feel fairly well educated on this 6 subject. But I'm not an expert in many things. 7 I would say I would like to 8 present myself as someone who if I were living near 9 one of the proposed wells how I would respond or 10 how I would feel. So I would like to address two 11 issues. 12 One, one of the standards that the 13 zoning board has to consider in considering the 14 request for a special use permit are that the 15 proposed special use permit will not be injurious 16 to the use and enjoyment of other property in the 17 immediate vicinity for purposes already permitted 18 or substantially diminish property values. 19 So if I were living near one of the 20 proposed wells my comfort and welfare would 21 definitely be diminished, at least I would feel 22 that way due to truck traffic, noise, air pollution 23 and likely drop of property value. All of these Page 71 1 have been addressed already by previous speakers. 2 So on that basis I would urge the Zoning Board of 3 Appeals to deny the request. 4 If a special use permit should be 5 issued I think two stipulations should be included. 6 That an independent lab test the water wells in the 7 vicinity of the oil wells before drilling begins 8 and at regular intervals after. If any 9 contamination is detected drilling or pumping 10 activities should stop immediately and correction 11 of the con contamination be started immediately. 12 I've heard the testimony of the applicants and our 13 geologist friend here that the likelihood of 14 contamination is minimal but I would still if I 15 were living there I would want to have my wells 16 tested on a regular basis. 17 Secondly, I would like to have an 18 independent a stipulation that an independent 19 lab test for radioactivity in the drilling mud and 20 if so that the drilling should be stopped 21 immediately and proper disposal must commence. 22 Again, I remember what Dr. Nelson said but I would 23 still think that it would be rather small expense Page 72 1 to test for radioactivity. Thank you. 2 MS. RUDOLPH: Questions from members 3 of the board? Questions from staff? Questions 4 from the applicant? 5 MR. WETZEL: No. 6 MS. RUDOLPH: Any questions from any 7 interested parties or objectors? Thank you. 8 MR. SCHROEER: Thank you. 9 MS. RUDOLPH: I think this might be a 10 good time to take our ten minute break. So we'll 11 reconvene at 25 minutes to nine. 12 (At this point in the proceedings a 13 short recess was taken, after which the following 14 proceedings were conducted;) 15 MS. RUDOLPH: David West. 16 DR. WEST: Good evening. 17 MS. RUDOLPH: Would you raise your 18 right hand, please. 19 DR. DAVID S. WEST, 20 The witness, having been first duly 21 sworn upon his oath, testified as follows: 22 BY: MS. RUDOLPH 23 Q. State your name and address and spell 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 22, 2014 Page 73 1 your name, please. 2 A. David, D-A-V-I-D, Scott West, 3 W-E-S-T. 6116 North 2200 East Road, Downs, 4 Illinois. 5 Q. Can you tell us the proximity to the 6 oil field? 7 A. I reside to the north end of the 8 proposed oil field. 9 Q. So you're I'm sorry. In the 10 A. I'm across to the north. 11 Q. Within the proposed site? 12 A. Correct. 13 Q. Thank you. 14 MS. RUDOLPH: You may proceed. 15 DR. WEST: Thank you. I wanted to 16 take just a second to thank the Board and this 17 Council. This is all new to me, I'm a little 18 nervous about this. I never would have ever 19 thought I would be testifying at a zoning 20 commission meeting. But I do appreciate everyone. 21 I know this is a volunteer position for everyone 22 and we're in hour eight. I've been here for the 23 preceding hours as well. Page 74 1 It's coming up what is our background 2 and what is our specialty. I don't know if it's 3 relevant but I'm I have a degree in chemistry, 4 I'm a medical doctor, I specialize in respiratory 5 diseases, I practice pulmonology here in 6 Bloomington. 7 As I said, I live adjacent to the 8 proposed oil drilling field. And I have concerns 9 as I'm going to be living next to this. 10 Potentially for really for everyone in this room 11 this is theoretical, we're talking about this 12 theory. No one here, other than my neighbor here, 13 is going to live there. We're all talking about, 14 you know, what would it be like. But I'm actually 15 the one who's going to be living there and I have 16 significant concerns about the operation. 17 Just the notification that it's 18 occurring was very disturbing. I was mowing my 19 lawn and a news crew dropped by and asked my wife 20 what do you think about having an oil drilling rig 21 in your front yard. And my wife obviously was 22 upset about it and asked me and I said that's 23 come on, is that a joke. That can't be true. But Page 75 1 it was in the newspaper and obviously we're here, 2 I'm here talking about this. So I have several 3 very significant concerns about this. One of the 4 reasons I live, and maybe my neighbor lives, in a 5 rural setting is we enjoy living out in a farm type 6 community. I never would have thought when I 7 purchased the property that I might have an oil 8 drilling enterprise as my next door neighbor. 9 I think there's significant worry 10 about the health and well being of myself, my wife 11 and my kids living so close to such an operation. 12 And I've learned a lot about oil drilling 13 processes, what's going to go on, trucks driving, 14 oil being pumped, burning, or flaring off excess 15 distillant for petroleum byproducts. I have major 16 concerns. I have major concerns really and I 17 questioned you yesterday about these. 18 And one of them's the drinking water. 19 If you live in a rural property your drinking water 20 is the lifeblood of your property. If you don't 21 have adequate drinking water you don't have a 22 property any more, you can't live there. That's 23 why I was concerned about what processes and Page 76 1 procedures that this corporation has in place to 2 remedy that problem if it does occur. And they're 3 assuring me that it's not going to occur. Well, 4 okay. But what if it does occur, what am I going 5 to do at that point? How am I going to provide 6 water for my family? What's going to happen to my 7 property value in that case? The property value 8 just in having an oil drilling rig next to your 9 property your property value is going to go down, 10 that's intuitive. I don't think anyone could argue 11 that it's not. 12 What I'm asking and I don't want 13 to take up a lot of time, a lot of people have 14 spoken a lot more eloquently than I have on this 15 subject. But I'm a resident of McLean County, I'm 16 a taxpayer, I'm just a regular person living in the 17 community like everyone else. But I'm asking you 18 to put yourself in my shoes when you make this 19 decision, it's your property next to an oil 20 producing field. 21 When I get up and take my dog for a 22 walk I might have an oil drilling rig 300 feet away 23 from my house with a burning methane flame on it, 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 22, 2014 Page 77 1 I'm going to have the smell of methane and other 2 petroleum products, diesel fuel from pumps, trucks 3 coming in and out, the worry that there's going to 4 be an accident. I don't know, a truck could have 5 an accident right in front of my house and spill a 6 load of oil, I don't know, that's always a 7 potential. But I'm asking you to think about that 8 when you make this decision. 9 And I know it's probably going to be 10 a very difficult decision, but the ramifications 11 are going to be significant for those of us who 12 live there. I've been forced I haven't been 13 asked this, no one asked me. I'm taking on the 14 risk, all the risk for this process. And even 15 though I'm taking on all the risks, the risk of the 16 water pollution, the risk of my property value, the 17 risk of the health of my children and my family, I 18 get no benefit. I have no I'm taking no benefit 19 here, I get nothing, all I get is a risk. So I ask 20 you to think of me and think of my family and think 21 of what I have I'm going to have to potentially 22 go through on a day-to-day basis when you have to 23 make this decision. Thank you. Page 78 1 MS. RUDOLPH: Questions from members 2 of the board? 3 MS. CARLTON: David, 4 MS. RUDOLPH: Turn your microphone 5 on. 6 BY: MS. CARLTON 7 Q. Oh. David, how much land is your 8 home on? 9 A. I have five and a half acres. 10 Q. And can you just kind of describe the 11 area and your are you surrounded by corn fields 12 or 13 A. We're surrounded on all sides by 14 farming. 15 Q. Any of that land grazing land for 16 cattle or horses? 17 A. No. It's all corn and beans 18 production. 19 Q. About how many neighbors do you have? 20 A. Well, the well, you mean my the 21 people physically residents? 22 Q. Yeah. 23 A. I have one neighbor who's going to Page 79 1 speak here in a little while who lives about a half 2 mile away. 3 Q. And that's it, basically? 4 A. Right. There's the residents who are 5 going to be directly within this oil field, 6 probably number of families would be probably 7 less than ten. 8 Q. Okay. And how many kids do you have? 9 A. I have three. 10 Q. Thank you. 11 BY: MR. FINNIGAN 12 Q. Do you have any idea of the closest 13 well proposed would be to your house? 14 A. 300 feet. 15 Q. 300 feet. Thanks. 16 BY: MS. RUDOLPH 17 Q. So you first were made aware of this 18 proposal by the media, I understand? 19 A. That's correct. 20 Q. But then you did eventually receive a 21 notice from the county zoning office? 22 A. No, I did not. I read it in the 23 Pantagraph. In the Pantagraph they had the date of Page 80 1 the zoning of the first meeting and I attended 2 that on October the 7th. 3 Q. Okay. Thank you. 4 BY: MS. TURNER 5 Q. Which direction 300 feet from 6 A. North. 7 Q. From your property, from your 8 dwelling, which way? 9 A. North. I'm to the north. Their 10 field would be to the south. 11 Q. Okay. So it would be 300 feet to the 12 south of you 13 A. To the south. 14 Q. from your property line 15 A. Correct. 16 Q. or from your dwelling? 17 A. Property line. 18 Q. And how far is your dwelling from the 19 southern edge of your property line? 20 A. Seventy-five feet. 21 MS. TURNER: Okay. 22 MS. RUDOLPH: Staff have any further 23 questions for Mr. West? Does the applicant have 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 22, 2014 Page 81 1 any questions for Dr. West, I should say. 2 MR. WETZEL: Just a couple. 3 BY: MR. WETZEL 4 Q. Dr. West, how long have you lived 5 there? 6 A. Six years. 7 Q. And you said you are a pulmonologist; 8 is that correct? 9 A. That's correct. 10 Q. In practice? 11 A. Yes. 12 Q. Here in McLean County? 13 A. In St. Joseph's Hospital. 14 Q. Were you here last night when there 15 was a discussion about agreements concerning water 16 personal use water wells that were located on 17 adjacent parcels? 18 A. There was discussions, I don't recall 19 that specifically. Maybe you could elaborate a 20 little more on that. 21 Q. Well, I don't mean to put words into 22 your mouth or necessarily even ask you to believe 23 what I'm going to tell you. But there is, in fact, Page 82 1 and there will be testimony presented, in fact, 2 by the gentleman to my right who is with the 3 applicant. And last night he was asked about water 4 wells and possible implications. And he indicated 5 that his company's history and experience was that 6 there would be and they would take care of it. And 7 he has since discovered, and will testify later on 8 in our rebuttal presentation, about an actual 9 agreement that is in place that does provide for 10 the testing of any well within 1,000 feet of a 11 residence. 12 Again, I apologize 'cause I don't 13 have the record. But I want you to tell me if that 14 would help your concerns at least about the water 15 well aspects of this? 16 A. That would not alleviate my concerns 17 that you were going to test my water. I mean, 18 obviously that's a nice gesture and I would 19 certainly go along with it but it's it doesn't 20 alleviate my fears. I think the fears run a lot 21 deeper than that. 22 Q. Well, I'm just addressing the water. 23 The program involves testing of the well, the Page 83 1 delivery of those test results to you and then 2 inspection of the well to see if there's any 3 issues. 4 A. I think that would have to be the 5 very bare bone minimum requirement. I don't have 6 any control over what's going to happen but, you 7 know, it doesn't alleviate my fear, I mean, if 8 that's your question. 9 Q. Okay. Do you have any knowledge 10 about fumes that would be an issue as far as your 11 residence is concerned and the separation between 12 it and the well site? 13 A. Could you elaborate on that? 14 Q. Well, you indicated that you had, I 15 think, a chemistry degree? 16 A. Uh-huh. 17 Q. And obviously have gone to medical 18 school and are practicing medicine. I guess my 19 question relates a little bit to your background 20 and education and experience and knowledge about 21 fumes and things of that sort that would be fairly 22 far removed from your residence. 23 A. Well, it again would be dependent Page 84 1 upon the distance. But I can speak in general. 2 You know, as a respiratory physician burning of 3 fossil fuels is an irritant and there's carcinogens 4 contained, there's carcinogens in petroleum, radon 5 is a carcinogen. So, you know, I have concerns 6 about that. Particularly in people that have 7 asthma breathing the fumes from the flaring, 8 there's concerns about that. 9 Q. And am I correct that your house is 10 approximately 375 feet from the well? 11 A. Well, if well, again, the well's 12 not there yet. 13 Q. No, it's not. 14 A. But based on the maps that I have 15 looked at, yeah, that would be the approximate. 16 MR. WETZEL: I don't think I have my 17 more questions. 18 MS. RUDOLPH: Okay. Do any 19 interested parties or objectors have any questions 20 for this witness? Thank you. 21 DR. WEST: Thank you, ma'am. 22 MS. RUDOLPH: Barbara Heyl is next 23 and I am told she is ill this evening. Wait a 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 22, 2014 Page 85 1 second. 2 (At this point in the proceedings an 3 off the record discussion was held, after which the 4 following proceedings were conducted;) 5 MS. RUDOLPH: Angelo Capparella. 6 Would you raise your right hand. 7 MR. CAPPARELLA: I prefer to affirm, 8 if I may. 9 MS. RUDOLPH: Sure. 10 ANGELO CAPPARELLA, 11 The witness, having been first 12 affirmed, testified as follows: 13 BY: MS. RUDOLPH 14 Q. State your name and address and spell 15 your name, please. 16 A. Yes. Name is Angelo, A-N-G-E-L-O, 17 Capparella, C-A, double P, A-R-E-L-L-A. My address 18 is 907 South Fell, F-E-L-L, Avenue in Normal. In 19 terms of my proximity in terms of land, my land is 20 not next to this project. In terms of the 21 atmosphere, I do share the same atmosphere so both 22 the air and the climate is shared across my land 23 and their land. In terms of water, I do I am a Page 86 1 resident of Normal so I do consume water from the 2 Mahomet Aquifer and that part of the aquifer is 3 from the part that is near to the 4 project area. So proximity issues are interesting, 5 they kind of vary depending on what resource you're 6 talking about. 7 In terms of my testimony tonight, I 8 wanted to introduce three documents, if I may. I 9 provided some extra copies if you want, or you can 10 make more if you wish. Particularly was 11 interested, since mention has been made of concern 12 over our water resources and I'm glad that 13 people are now thinking about that more and more. 14 Last night I was asking some questions to try to 15 determine how well we have characterized the 16 shallow water aquifers and the geologic formations 17 between the oil well and the Mahomet Aquifer to get 18 a sense as to what kind of risk we're talking about 19 should there be any contaminants emanating from the 20 well contaminants from the operation at the 21 well. 22 And what I understood and heard is 23 that in terms of details we're sort of lacking the Page 87 1 kind of details that would be needed for a complete 2 risk assessment. And what details we do have 3 consist of unpublished maps that haven't been seen 4 by independent researchers and that some key 5 parameters such as the hydraulic conductivity that 6 would determine the movement patterns, rate and 7 location of any contaminants are not fully 8 characterized. So I was kind of interested in just 9 knowing what others think about that. 10 So I wanted, as my first piece of 11 document, to introduce a memo that was sent on 12 September 30th, 2014 to the zoning staff from 13 George Roadcap who Dr. Roadcap is a 14 hydrogeologist with the Illinois State Water Survey 15 at the University of Illinois and has written a 16 number of technical publications on the Mahomet 17 Aquifer and I'll just read very quickly the short 18 paragraph that is part of that e-mail. Just the 19 content that's relevant to this. 20 Our knowledge of the groundwater 21 resources of Section 15 of Township 22 North Range 22 3 East in McLean County is limited to a few 23 domestic wells and a few oil wells in the area. Page 88 1 The main body of the Mahomet Aquifer occurs more 2 than five miles to the southwest of Section 15, see 3 Coop Report 17 or Contract Report 2012-08 on the 4 Illinois State Water Survey Website. 5 However, tributary valleys to the 6 Mahomet Bedrock Valley do occur in the region but 7 they are generally filled with mostly fine grain 8 sediments and only thin sands. I believe Section 9 15 may occur over one of these tributaries based on 10 a well lot for a 340 foot deep domestic well in 11 adjacent Section 10. 12 The aquifer has an elevation of 810 13 feet and obtains water from a 14 thick sand layer 14 at a depth of 326 to 340 feet. Therefore the sand 15 has an elevation of 470 to 484 feet which is below 16 the typical top elevation of 500 feet for the sand 17 that comprises the Mahomet Aquifer. This well log 18 does not report a bedrock elevation, there is 19 considerable relief on the bedrock surface as 20 indicated by the various depths of bedrock from 21 some of the geophysical records of oil wells in the 22 area. Any future oil well should be cased into the 23 bedrock to help prevent any contamination of the 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 22, 2014 Page 89 1 sand units. 2 So within that rather technical 3 paragraph I note, first and foremost, Dr. Roadcap 4 saying our knowledge of the groundwater resources 5 is limited and that tributary valleys in the 6 Mahomet Bedrock Valley do occur in the region and 7 may occur in this region. So basically we don't 8 fully understand exactly the potential 9 interconnectedness between the area where the well 10 is being drilled and the Mahomet Aquifer itself. 11 Within that document he was 12 couldn't remember exactly which report he was 13 author of that led to his conclusion so but a 14 subsequent e-mail from his co-author Allen 15 Wehrmann. Allen Wehrmann used to be head of the 16 Illinois Survey Groundwater Section at the 17 University of Illinois and I've provided you with 18 an e-mail from him. And also he directed us to a 19 particular figure, Figure 7 out of the publication 20 that he jointly wrote with Dr. Roadcap and some 21 other authors entitled Meeting East-Central 22 Illinois Water Needs to 2050: Potential Impacts on 23 the Mahomet Aquifer and Surface Reservoirs. That Page 90 1 was from Contract Reporter 2011-08. That was the 2 one he couldn't quite remember which one it was. 3 If you look at Figure 7 it shows the 4 topography of the bedrock surface of associated 5 with the Mahomet Bedrock Valley. And you can see 6 within that topography the farther contour line 7 defines the boundary. But the key point to pick up 8 on Dr. Roadcap's analysis is that and I'll quote 9 from Dr. Wehrmann's e-mail, which is basically 10 states that the 500 foot contour generally 11 approximates the edge of the Mahomet Aquifer. And 12 you can see where a couple of small tributaries, 13 northeast to southwest trending valleys, may extend 14 beneath the site in question, that site being the 15 site of the oil field. As George Dr. Roadcap 16 speculated, we do not know if any of these what 17 these valleys may contain. Are they largely filled 18 with fine grained clay materials or might there be 19 sandy deposits that could feed the Mahomet down 20 gradient. 21 So this was just to reinforce my 22 concern that we really don't know what I would 23 consider to be a sufficient amount of information Page 91 1 of what's going on between the well field and the 2 Mahomet Aquifer to know what a true risk assessment 3 would lead to in terms of any movement, pattern of 4 movement of contaminants coming from the oil well. 5 So in my mind at least I'd suggest 6 you to consider these kinds of questions. First, 7 you know, how much do you really value these 8 competing natural resources, water and oil, 9 something we're going to have to continue to ask 10 ourselves across the country as well as locally, 11 particularly since we live in a water stressed 12 county already that is likely to get worse as 13 climate change unfolds. And we've seen both 14 technical studies provided to the City of 15 Bloomington on that and related topics. Hopefully 16 you've read some of those from Wittman Hydro, the 17 company they've contracted for those studies. 18 The second question would be how much 19 data deficiency, how much lack of knowledge are you 20 comfortable with. Each person I guess has to ask 21 that, you can't have 100 percent knowledge. On the 22 other hand, I would submit that based on these two 23 gentlemen's studies from the Mahomet Aquifer and Page 92 1 this region that perhaps we don't know quite enough 2 that we would like to know and should know in order 3 to be fully comfortable that we can predict what 4 would happen if any kind of contaminants were 5 leaked and to what extent the Mahomet Aquifer or 6 shallow water aquifers that affect local residents 7 will be affected. 8 And then finally I guess the question 9 I would ask myself if I was in your position, if I 10 may offer, is how much risk are you comfortable 11 with in giving to our water resources. I mean, 12 ultimately that's what we're asking. Because as we 13 know, once you contaminate underground aquifers 14 it's prohibitively expensive to clean them and 15 therefore the question is how much risk do you 16 think we can tolerate for key water resources such 17 as the Mahomet Aquifer which from what I've read 18 can be the holy grail for all the communities 19 throughout east central Illinois for future water 20 development for both their population and their 21 economy. So I would leave it at that. Thank you. 22 MS. RUDOLPH: Questions from the 23 board? 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 22, 2014 Page 93 1 BY: MS. TURNER 2 Q. Just out of curiosity, did you ask 3 either one of these gentlemen to come over here to 4 speak at this or ask them to come? It's hard for 5 me to question you on their stuff is what I'm kind 6 of getting at. 7 A. Right. Which is why I'm providing 8 you with their statements in e-mail and also a 9 copy. And you can read the full report if you 10 wish, it is on-line and free. I did not I 11 talked to Dr. Roadcap this afternoon and I guess he 12 was uncomfort he was fine to have publicly 13 attributed his assessment of the degree of 14 knowledge that we have but I guess nobody was 15 offering him money to come up and actually testify. 16 Perhaps if you wanted him to I would say ask him. 17 I know he has been up here in the 18 past at some of the Mahomet Aquifer Consortium 19 meetings that have been up this way, he's been a 20 very valuable consultant to the Mahomet Aquifer 21 Consortium. So he certainly he probably would 22 respond positively if the board so desired him to 23 come. And I would suspect the same thing of Dr. Page 94 1 Wehrmann. 2 Dr. Wehrmann, I believe, was at the 3 hearing in Morton regarding sole source aquifers, 4 designation by US EPA of the Mahomet Aquifer and I 5 know he's been an advocate. I think he may have 6 come to the both of them may have been at the 7 event would have to check the roster that 8 occurred in Normal regarding the Mahomet Aquifer. 9 So I don't think any of them would object but I 10 didn't feel like I was in a position to invite them 11 to come up and take up more of your time. But I do 12 think that they are worth including just to give it 13 a little bit of additional perspective as to how 14 certain are we about all of the things that have 15 been testified to last night. 16 MS. RUDOLPH: And you mentioned 17 tonight the unpublished data. And I recall when 18 you were questioning Dr. Nelson last night you 19 mentioned that. I'm not a part of academia but 20 does that then mean that there was no opportunity 21 for peer review, is that what that's all about or 22 what is that all about? 23 MR. WETZEL: Yeah. Unpublished data Page 95 1 well, it means two things. One, if it's 2 unpublished it hasn't gone through peer review in 3 terms of the detail of the data itself. Dr. Nelson 4 did mention that he did provide a talk at a 5 conference with an abstract. But the actual map 6 data itself was part of my understanding of peer 7 review publication. And regardless, it is 8 apparently out there on an internet site. Even if 9 it is unpublished people will still often take 10 advantage to learn from unpublished data. But to 11 my knowledge it's not available in any form. 12 That was part of why I was 13 questioning the simplicity of the graphic that was 14 shown last night in terms of the relationship of 15 this bedrock, the different sediments, the Mahomet 16 Aquifer and the oil well. It seemed an 17 oversimplification that belied the fact that we 18 don't really have a lot of the kind of specific 19 knowledge that would typically be utilized, one 20 would assume, in doing a full risk assessment or a 21 full determination of what pathway and at what rate 22 would contaminants coming from a leaky oil well 23 move and to what extent that would be a risk to the Page 96 1 Mahomet Aquifer as well as any interfering shallow 2 water aquifers. 3 MS. RUDOLPH: Any further questions 4 from staff? Does applicant have questions for Dr. 5 Capprella? 6 BY: MR. WETZEL 7 Q. Just so that I understand this, does 8 this have to do with what was referred to as 9 connectivity yesterday? 10 A. In a sense, in terms of you have 11 several layers of connectivity. You have the 12 connectivity in terms of the permeability of the 13 sediments whether you have really dense compacted 14 bedrock or worse, as he pointed out, glacial screen 15 sediments that may be differentially consolidated. 16 It has to do with whether you have, in this 17 particular case, a tributary, if you will, as I 18 referred to it in the technical literature, a 19 tributary that could be a conduit for the movement 20 of any contaminants that might like a tributary 21 that connects the oil field area to the Mahomet 22 Aquifer and therefore could be a means by which to 23 direct any contaminants towards that aquifer 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 22, 2014 Page 97 1 preferentially. 2 So it does have a lot of relevance as 3 to how well do we understand the 4 interconnectedness, if you will, between the oil 5 field area and the first portion of the main 6 Mahomet Aquifer, the tributaries via sediment, so 7 variable permeability being intervening shallow 8 water aquifers that may or may not be facilitating 9 any kind of movement of contaminants. 10 Q. I assume you saw the presentation 11 that was made last night and which identified many, 12 many intrusions into directly into the Mahomet 13 Aquifer; is that correct? 14 A. I did see the presentation last 15 night, yes. 16 Q. And do you have any reason to believe 17 that was not an accurate presentation of the facts? 18 A. It was I'm sure it was accurate. 19 But as I was pointing out, there were parts of it 20 that were incomplete. 21 Q. To your knowledge, has there been any 22 complaint by any of those who use water from the 23 Mahomet Aquifer about the containing or some Page 98 1 invasion of something into the aquifer is impacting 2 it? 3 A. I haven't researched that question 4 directly. I do know that when the Mahomet Aquifer 5 Consortium put out its east central Illinois 6 overview and plan that is on their web site that 7 they were indicating aspects of how sometimes it's 8 difficult to know where things have originated 9 from. If things have happened a lot of times these 10 contaminants, such as at the Hanford Field in 11 Washington State, can take many years to move and 12 get to places, they can be very hard to track and 13 so you can have decades of movement that before 14 it actually gets to a spot. So to what extent 15 that's been either reported or adequately studied, 16 I'd have to do a lot more background research on 17 that. 18 Q. But the Mahomet Aquifer is a source 19 of water for a great many people? 20 A. It currently is. And it's hoped for, 21 particularly by the City of Bloomington, to be 22 again, their major source in the future. And there 23 are certainly many other communities who see Page 99 1 wanting to expand their use of the aquifer as well 2 as other businesses that would want to have water 3 groundwater resources. So it has become kind of 4 a high profile issue within our area, within east 5 central Illinois, because it's being seen as the 6 way to solve a number of our pending looming as 7 well as present water issues. 8 Q. Well, and to your knowledge have 9 there been any complaints about the quality of that 10 water? 11 A. Of the Mahomet Aquifer? 12 Q. Yes. 13 A. Not at this time. But the question 14 is being preventative, can we prevent the 15 degradation of that water. One thing we've seen 16 nationally is that water resources have gradually 17 degraded, either through overuse such as in the 18 Ogallala Aquifer or through the entry of 19 contaminants that have taken, you know, many 20 decades to move towards these aquifers. 21 And one of the cautionary notes from 22 the Mahomet Aquifer Consortium, which consists of 23 both professionals and governmental entities and Page 100 1 NGO's and the like, is that it's better to be 2 proactive and maximally protective of aquifers that 3 are seen as being kind of the last great water 4 resource and be proactive rather than reactive 5 since reactivity is not nearly impossible if you 6 contaminate an underground water source. 7 Q. Maybe I misunderstand what your 8 position is. I have seen where there seem to be a 9 number of wells that have actually been in 10 within the area of the Mahomet Aquifer, we're 11 talking about the possible invasion of that 12 aquifer, I take it, by what we do. If that was 13 even a remote risk, wouldn't it have appeared by 14 now in the aquifer quality of the water? 15 A. Do you know that it hasn't? I mean, 16 I don't I have not done the background research 17 to determine that. Now, it's something also one 18 of deficiencies that the Mahomet Aquifer Consortium 19 has indicated is that and this is probably 20 pretty much common sense. It's really hard to 21 study groundwater resources, it takes a lot of 22 three-dimensional and very close study in order to 23 provide the three-dimensional modeling and 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 22, 2014 Page 101 1 understanding of where things are interconnected, 2 where source plumes could be moving and all of this 3 kind of stuff. It's really a challenging field in 4 which to work. 5 And one of the charges that was done 6 by the state was to form this consortium as a way 7 of helping to further studies from the Illinois 8 State Water Survey and a whole host of other 9 cooperating partners to get a better understanding. 10 As both Dr. Roadcap and Wehrmann indicated we're 11 still a ways from having the detailed level of 12 understanding at the scale often needed to access 13 projects of this type. 14 Q. But wouldn't it be true that those 15 communities that use the Mahomet Aquifer as their 16 water source receive it into their own facilities 17 and then distribute it, in your case to the 18 residents of the Town of Normal, wouldn't they know 19 if there was a problem with the aquifer? 20 A. Would they know if there's a problem 21 with their part of the aquifer at this moment? I 22 would hope so. 23 Q. Yeah. Page 102 1 A. Yes. But what we're talking about is 2 the potential impact of future projects such as in 3 this forum and the extent to which we have are 4 able to make a projection of the potential risk. 5 And part of what I was arguing is that based on the 6 data we have we can't make a very good projection 7 of the risk or at least not one that would be as 8 protective as I would personally want to see for 9 any kind of a critical water reserve and therefore 10 one has to ask to what extent do you want to be 11 cautious with approving projects that have the 12 potential for damaging and for future users of 13 these kinds of water resources. 14 Q. Do you have any feel for what the 15 quantity of any pollutant might be from this well 16 that could possibly get into the Mahomet Aquifer? 17 A. From what I've read in the 18 application we're talking about 13 wells. Even in 19 the application there seems to be a lot of 20 uncertainty about the kinds of the amount of 21 salt water or brine issues, the radioactivity 22 issues. There's things and that's not 23 surprising because with the often a lot of the Page 103 1 geological data that's acquired is acquired through 2 doing exploratory wells. So basically the company, 3 as all exploration companies, are exploring into 4 areas that are unknown fully and so I don't think 5 anyone can know at this time. So the in the 6 case of incomplete knowledge and information the 7 question really comes down in my mind is how much 8 risk are you willing to assume and who assumes that 9 risk. 10 Q. And you're not willing or you would 11 suggest that we should not accept this risk? 12 A. I'm saying that based on what I'm 13 hearing from a certain group of experts that we do 14 not know enough to do an adequate risk assessment. 15 And that's what puts all of us, the public as well 16 as public officials who don't have the technical 17 expertise either in terms of asking just how much 18 risk how protective do you want to be of a key 19 water resource. I mean, that's really the question 20 that we're asking about the Mahomet Aquifer at the 21 small scale, such as with the Clinton Landfill, as 22 well as at the larger scale which would be the 23 impetus for moving towards sole source aquifer Page 104 1 designation with US EPA. 2 And that's what we were charged by 3 state government to do in east central Illinois is 4 try to evaluate just how does the Mahomet Aquifer 5 fit into your future plans for utilization of water 6 for population, for economies. Just what are you 7 willing to tolerate in terms of risk, et cetera, 8 and how much are you willing to fund the 9 acquisition of improved data sources so that we can 10 make more informed decisions. 11 So I guess from my own personal 12 reading I don't feel like we I think the risk 13 would be too great from the standpoint of the 14 Mahomet Aquifer itself. But as I mentioned, in 15 terms of the previous question, I do share the same 16 atmosphere and climate and certainly my reading of 17 what climate scientists are still telling us is 18 that fossil fuels that have been buried for 19 billions and billions of years if we keep moving 20 that carbon from underground into the atmosphere, 21 while any particular single project may seem 22 inconsequential we must certainly be clear in the 23 way of cumulative impacts. So I would be very 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 22, 2014 Page 105 1 concerned about that as well. 2 But I realize that the more central 3 issue for many people, from what I've heard at 4 least, has been to what extent are we being 5 protective of our Mahomet Aquifer, our underground 6 water resource, that seems to be the more immediate 7 central issue that people are talking about. It's 8 been a really big issue with a lot of activity 9 going on currently regarding Clinton Landfill 10 Q. Sure. 11 A. and other things as well. 12 Q. I hope everybody in this room's 13 familiar with that. I certainly am. 14 A. Yeah. 15 Q. And I've heard about kids, grandkids, 16 and obviously that's presented an important issue 17 and if it hasn't been dealt with it should be. I 18 guess what I'm suggesting is perhaps yours is kind 19 of an extreme view in the sense that what is being 20 proposed here is perhaps an imagined, a could be, 21 it might be but we don't know. And it was 22 certainly not Dr. Nelson's opinion it would have 23 any evasive action into that Mahomet Aquifer. You, Page 106 1 I guess, challenge that opinion? 2 A. As you said, it was his opinion based 3 on, I believe, incomplete data. That is I think 4 he, with all due respect, may have extrapolated 5 beyond the data that he had, certainly beyond the 6 data that's available for public presentation since 7 it's unpublished and the like, that we just don't 8 know at this point. And that there are others who 9 have indicated, such as Dr. Roadcap and Wehrmann, 10 that our level of knowledge is somewhat incomplete. 11 And more than that that there is some indication 12 that there may be, we don't know, a tributary, a 13 potential underground tributary that connects this 14 area to the Mahomet Aquifer and therefore it would 15 be a logical conduit for any kind of contaminants 16 that might get into the sub-surface. 17 MR. WETZEL: I have no more 18 questions. 19 MS. RUDOLPH: Okay. Do any excuse 20 me. Do any objectors or interested parties have 21 questions for this witness? Thank you. 22 MR. CAPPARELLA: Okay. Thank you. 23 MS. RUDOLPH: Marilea White. Would Page 107 1 you raise your right hand, please. 2 MARILEA WHITE, 3 The witness, having been first duly 4 sworn upon her oath, testified as follows: 5 BY: MS. RUDOLPH 6 Q. State your name and address and spell 7 your name and address spell your name. 8 A. My name is Marilea White. It's 9 M-A-R-I-L-E-A, last name is White, W-H-I-T-E. My 10 address is 711 South Cottage Avenue in Normal. 11 I've been to all three of the 12 meetings, the one on October 7th, the one last 13 night and the one tonight, and all I want to say at 14 this point is that I have heard absolutely nothing 15 advantageous to the citizens of McLean County if 16 this oil well is drilled. I would strongly urge 17 you to deny this special use permit. 18 MS. RUDOLPH: Questions from members 19 of the board? Questions from staff? Applicant 20 have any questions? 21 MR. WETZEL: No. 22 MS. RUDOLPH: Any interested parties, 23 objectors have questions for this witness? Thank Page 108 1 you, Ms. White. 2 MR. WETZEL: Thank you. Mike Kerber. 3 Would you raise your right hand, please. 4 MIKE KERBER, 5 The witness, having been first duly 6 sworn upon his oath, testified as follows: 7 BY: MS. RUDOLPH 8 Q. State your name and address and spell 9 your name. 10 A. My name is Mike Kerber. Last name is 11 K-E-R-B-E-R. And I live at 1014 Broadway in 12 Normal, which is over the Mahomet Aquifer. 13 MS. RUDOLPH: You may proceed. 14 MR. KERBER: I want to thank the 15 board for listening to all of us, to listening to 16 all parties. So I wanted to keep this pretty 17 brief. My background is I have a master of science 18 in economics and after I got out of school I was 19 sent to Vietnam and where I was exposed to Agent 20 Orange, as all of us were. I developed cancer a 21 few years ago and the V.A. said it was from the 22 Agent Orange. Of course when we were in Vietnam 23 they told us that Agent Orange was only made to 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 22, 2014 Page 109 1 kill trees and weeds, wouldn't hurt humans. 2 My business background, I've worked 3 for three very large manufacturing companies and 4 I've got you know, I was in management and in 5 decision making. And the goal of companies is to 6 make as much money as possible which leads to large 7 salaries and bonuses for the management and riches 8 for the owners, that's called capitalism. 9 Big companies also have an army of 10 lawyers. And we used to use these lawyers to 11 maneuver around the rules and regulations to do 12 what we wanted to do. And in this case I think it 13 will lead to fracking, aggressive fracking. 14 However, even if they don't do fracking, if the 15 wells that they're talking about leak, from what 16 I've heard here tonight there's a good possibility 17 and last night that contaminants can get into 18 the Mahomet Aquifer. And if that happens we are 19 left with a fouled water supply with 850,000 20 people. Minard will go back to with 21 no regrets. 22 And as far as risk management, which 23 I used to work with a lot, I understand Minard is a Page 110 1 privately owned business which means we can't buy 2 stock in it. If we could buy 3 MS. RUDOLPH: They're go ahead. 4 MR. WETZEL: If we could buy stock in 5 it we could at least maybe make some money, you 6 know, if they find a lot of oil. We could partake 7 in the profits and we could afford to bring water 8 in if the Mahomet Aquifer is fouled. So our only 9 protection of our water supply is this board and I 10 urge you not to approve this. Thank you. 11 MS. RUDOLPH: Questions from members 12 of the board? Questions from staff? Applicant 13 have any questions for this witness? 14 MR. WETZEL: Just one subject. 15 BY: MR. WETZEL 16 Q. You indicated, I think, that this 17 might involve into some kind of aggressive fracking 18 or whatever word you used. Do you understand the 19 process through which we are going that it is a 20 special permit use process and it defines and 21 limits what Minard can do if this is granted? 22 A. I understand, you know, you're 23 wanting to frac out in New York where you bought Page 111 1 those wells and it just sounds like that's what you 2 want to do here. 3 Q. What is it that makes you think that 4 that's what we want to do here? 5 A. Because there's a lot of gas 6 underneath us. 7 Q. Did we ask to be able to do it here? 8 A. I wouldn't expect you to ask now. 9 Q. Well, if we did ask wouldn't we have 10 to come back to a public hearing that would hear 11 the merits of the more whatever it is that 12 you're concerned about? 13 A. I'm not sure what you all have to do. 14 But as a lawyer I'm sure you know what you have to 15 do to get the fracking. 16 Q. I don't know anything about fracking 17 except what I read in the papers. But I do know 18 that if we get a special use permit we are limited 19 by the conditions that are imposed upon us in that 20 and one of the ones and it's been all along, 21 it's what we applied for and what we expect and 22 that would not allow us to do what is the regulated 23 fracking that is receiving so much attention in the Page 112 1 press and probably rightfully so, we cannot do that 2 under what we have asked for. 3 And if we wanted to do something 4 differently and staff, you can correct me if I 5 misspeak. If we wanted to do something differently 6 we would have to come back here and start the 7 process anew and it would be a brand new 8 application for a brand new special use permit. 9 And at that point we would not be talking about 10 what might happen or what could happen or anything, 11 we would be talking about very specific, whatever 12 it is we were requesting. And it's and the 13 process would start over again. 14 A. Well, even if you don't do the 15 fracking, the well that you're wanting to drill, it 16 sounds like it can get leaks. It's not going to be 17 perfect, concrete can crack, mistakes can happen, 18 and if your long list of chemicals get into our 19 water supply and foul it, yes, it's not going to be 20 good for 850,000 people who depend on that. 21 Q. And certainly I understand that. And 22 we've tried to address it and I think Dr. Nelson 23 has addressed it. The plain fact is we're six 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 22, 2014 Page 113 1 miles away from the midpoint of the Mahomet Aquifer 2 and at least in the opinions of those experts who 3 have testified whatever the byproduct is, however 4 it might escape or whatever it might do is not 5 going to get into the Mahomet Aquifer. 6 A. That's your opinion, 7 MS. RUDOLPH: Excuse me. 8 MR. WETZEL: Not my opinion. 9 MS. RUDOLPH: Excuse me. Mr. Wetzel, 10 I think you're getting into testimony. And this 11 may be more properly in rebuttal. 12 MR. WETZEL: Sure. 13 MS. RUDOLPH: I ask a lot of our 14 citizens and 15 MR. WETZEL: You're right. I've got 16 to live by the same rules. 17 MS. RUDOLPH: Okay. 18 BY: MR. WETZEL 19 Q. Do you have any evidence at all that 20 would indicate there would be an invasion of the 21 Mahomet Aquifer by this process that we are seeking 22 permission to go through? 23 A. From the testimony I've heard from Page 114 1 is it Nelson? 2 Q. Uh-huh. 3 A. Mr. Nelson, from Mr. Capparella, it 4 sounds like there is a possibility that it can 5 leak. You're only talking about six miles. 6 Q. And I think both of them took into 7 account the fact that it could leak. I think the 8 question was can it leak and go six miles? 9 A. Why not? Why can't it go six miles? 10 You're just talking about, you know, going through 11 the sand and gravel and clay, what have you. 12 Q. You heard Dr. Nelson's analysis of 13 that, through what it would have to go and how it 14 would get to the Mahomet Aquifer and how far it 15 would extend away from the well casing. Were you 16 here for that? 17 A. Yes. 18 Q. Do you have any knowledge that that's 19 not accurate? 20 A. I am not a geologist. But from what 21 I heard and in cross-examination of Mr. Capparella 22 it sounds like there is evidence that it can leak 23 that far. Page 115 1 MR. WETZEL: I have no further 2 questions. 3 MS. RUDOLPH: Any interested parties 4 or objectors have questions for this witness? 5 Thank you. 6 MR. KERBER: Thank you. 7 MS. RUDOLPH: Don Carlson. 8 MR. CARLSON: In the interest of time 9 I'll pass but I oppose. 10 MS. RUDOLPH: Brad Gher. I didn't 11 pronounce your name right. 12 MR. GHER: You got it right. 13 MS. RUDOLPH: I got it right. Could 14 you raise your right hand, please. 15 BRAD GHER, 16 The witness, having been first duly 17 sworn upon his oath, testified as follows: 18 BY: MS. RUDOLPH 19 Q. State your name and address, please. 20 A. Brad Gher, B-R-A-D, G-H-E-R. Address 21 is 5782 North 2200 East Road. Basically surrounded 22 by the oil field. 23 MS. RUDOLPH: Okay. You may proceed. Page 116 1 MR. GHER: Thanks. We've heard a lot 2 of testimony. I sure know a lot more about oil 3 drilling than I ever thought I would. Obviously 4 this hits very close to me. I'm probably the only 5 resident that has shown up, other than Dave, but I 6 actually am right in the middle of it. So my 7 family's going to be affected probably first before 8 any of the rest of you will. That concerns me. 9 The Mahomet Aquifer obviously concerns me but it's 10 going to hit a lot closer to home first, you know, 11 the small aquifers that I probably have my well 12 sank into. 13 I had a long talk with the DNR today 14 asking a lot of questions that I couldn't get 15 answers from these gentlemen yesterday for, they 16 were kind enough to answer those. So I got a 17 little better feeling. I don't profess to be very 18 knowledgeable about this, it's not my profession. 19 I want to thank the audience that has shown up 20 here, it sounds like they've done a lot of work, 21 gave us a lot information and it's going to be 22 hopefully to my benefit and to yours to make this 23 decision. Because when it comes down to it, you 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 22, 2014 Page 117 1 know, we don't have the experts, any of the 2 committee I don't believe, on this, so you're going 3 to have to go with what you've heard, your gut 4 feeling and what you think's best for the people in 5 the area, for the water supply and for the 6 environment. And that's all I can do too is worry 7 about those, the difference is I don't get a 8 choice. 9 As Dave stated, I assume all risk and 10 I get nothing for it. It won't matter which way 11 the wind blows at my property, I'll pick it up from 12 the southwest, I'll pick it up from the west, I'll 13 pick it up from the north, I'll have wells in all 14 directions. The closest one, looking at the map, 15 probably is going to be within two or 300 feet of 16 my property. That's to the southwest. As we all 17 know, in McLean County the majority of our wind 18 comes from the southwest and it blows very hard out 19 in that area. So when the wind's not blowing it's 20 very quiet, it's a very peaceful place to be. 21 2200 is not a through road, we have 22 very little traffic on it. Very few semis. The 23 only semis we usually see are when the farmers are Page 118 1 harvesting and that is a limited amount. I can 2 tell you that 2200 probably will not withstand the 3 semis that they're forecasting. Just from what 4 I've seen in the over 18 years I've lived there, 5 just day-to-day traffic, we have potholes, we have 6 cave-ins. Now, all that can be fixed and if 7 they're going to supply money to upgrade the roads 8 maybe that'll be taken care of. But it's not 9 something that right now, you know, we normally 10 see. So our quality of life is going to change a 11 lot. We're going to see lot of semis up and down 12 the road which concern me. 13 As I mentioned last night, I have a 14 four year old grandson. My daughters are now grown 15 so I don't worry about them as much although they 16 frequent our home quite a bit, one's in college and 17 the other one has the grandson and she brings him 18 almost to us to baby sit so she's on that 19 road quite a bit. So there's some concern about 20 that. 21 The quality of the air. The DNR was 22 good enough to tell me, you know, that they will 23 have to burn off their methane but you will still Page 119 1 have the petroleum smell. Now, I understand down 2 in southern Illinois you drive down the road and 3 you smell the smell, you say, oops, there must be 4 an oil well nearby. That's not something that we 5 in this area are really used to, it's kind of an 6 oddity if you're going to see something like that. 7 And I did kind of drive around Wapella a few years 8 back and it's kind of interesting to go through 9 there and look to see which ones are pumping and 10 which aren't. But I'm not sure that it's in McLean 11 County's best interest to join that and have oil 12 wells pumping in our county. 13 I think we're a little bit different 14 than most counties. Obviously have to have a 15 special use permit here, most counties in Illinois 16 I've been told you don't. That's probably a very 17 good thing. At least local people have a voice, 18 the state doesn't decide that for us. 19 So when you think about your decision 20 I hope you think about my situation and my family, 21 Dave's, being right at the middle of it and whether 22 we really have a good feeling about the company 23 that's coming from out of state to come in here and Page 120 1 drill oil and left so many questions unanswered 2 yesterday. I don't have a lot of trust right now 3 and I have to just go with my gut on this. 4 As I said, I'm no expert, don't 5 profess to be. I would like to see, if you do 6 grant this special use, that there are some 7 stipulations to the local oil or water wells in 8 the area that we will have some type of protection. 9 And as they said yesterday, it's not up to me to 10 prove that they've contaminated anything. I think 11 it's a large task to ask of any resident that is 12 sitting there innocent and all of a sudden the well 13 goes dry and all of a sudden they have to prove 14 what's happened. Water tests are great. It would 15 be nice if they had a plan on, okay, if you are 16 found to be the one that contaminants the well how 17 do you fix it. 18 I scanned the internet today trying 19 to learn more about this and there was a gentleman 20 that was talking about it, and he entered into a 21 lease with an oil company and they put two oil 22 wells on his property and his well went bad very 23 quickly after the first one was drilled. The oil 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 22, 2014 Page 121 1 company did come and set him up with temporary 2 water, so apparently they assumed the risk or 3 thought maybe there was a possibility that they 4 caused that. But then they decided that that was 5 all they were going to do and by the way you're 6 going to pay for your own water from now on. So 7 now he lives on temporary water on his farm. 8 That's unfortunate and I hope that's not the case 9 we would look at here. Hopefully there's an 10 alternative. 11 So if we look at the what ifs, you 12 know, the testimony that was given by everyone, you 13 know, it sounds like they should be able to drop a 14 well and we'll all be secure and there won't be any 15 leaks and life will be good and the methane will be 16 burned off and the farmland will be more productive 17 and life will be rosey. But we have to look at the 18 what ifs. What if it isn't, what's the plan. From 19 what I heard they have no plan, it's like we'll 20 address that when that happens, if it happens. I 21 don't know if I'm comfortable with that. But then 22 again, that's not my decision, I have to live with 23 what you decide. So all I can ask is when you Page 122 1 decide I hope you decide so that I can sleep at 2 night and not have to worry. That's all I have to 3 say. 4 MS. RUDOLPH: Questions from members 5 of the board? Actually I have a couple. 6 MR. GHER: Sure. 7 BY: MS. RUDOLPH 8 Q. How many acres is your property? 9 A. Two. 10 Q. Two acres? 11 A. Yeah. 12 Q. Did you build your house there? 13 A. Yes, I did. 14 Q. And did you receive a special use 15 permit to build your house there? 16 A. Yes, I did. 17 Q. Are you aware that and how long 18 ago was that? 19 A. I want to say around 18 years but 20 don't quote me exact. It could be 19 now. 21 Q. Are you aware that that's very 22 difficult today? 23 A. I understand it was difficult then. Page 123 1 Q. It's really hard today. 2 A. And I had help from the zoning 3 department in order to do it. So I'm very 4 grateful. 5 MS. RUDOLPH: Any questions sorry. 6 BY: MR. FINNIGAN 7 Q. Did you buy your property from the 8 O'Rourkes or how did you acquire it? 9 A. That property that we're talking 10 about here, the oil fields and mine, are actually 11 owned by a lady in Minnesota, don't ask me her 12 name, it's been quite a while. As far as I know 13 her husband has passed on and she is still alive. 14 She later, after she sold me my two acres, they 15 sold the O'Rourkes the property that's in question. 16 Q. So you bought yours prior to the farm 17 being there? 18 A. Yes. 19 MR. FINNIGAN: Okay. Thanks. 20 MS. RUDOLPH: Any questions from 21 staff? Questions from the applicant? 22 MR. WETZEL: No questions. 23 MS. RUDOLPH: Do any interested Page 124 1 parties or objectors have questions for this 2 witness? Okay. Thank you, Mr. Gher. 3 MR. GHER: Thank you. 4 MS. RUDOLPH: Jack Porter. 5 JACK PORTER, 6 The witness, having been first duly 7 sworn upon his oath, testified as follows: 8 MR. PORTER: Jack Porter, 9 P-O-R-T-E-R, 1501 West Locust in Bloomington. I'm 10 speaking to you in the role of being an ordained 11 minister of the Presbyterian Church USA. I heard 12 Mary Bechtl's (phonetic) eloquent testimony last 13 night based on her faith tradition. I want to 14 assure her and everyone that other parts of the 15 Christian family share the values and concerns that 16 she has. I am referring specifically to the 17 position of the Presbyterian Church USA embodied in 18 a document entitled The Power to Change U.S Energy 19 Policy and Global Warming adopted by our General 20 Assembly in 2008. The General Assembly of the 21 Presbyterian Church is the highest judicatory in 22 our form of church government. Typically these 23 positions adopted by that body are the culmination 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 22, 2014 Page 125 1 of years of study, lots of arguing, lots of debate, 2 amendments, counterproposals and so on until 3 finally a consensus is reached and the policy is 4 adopted. 5 If anybody wants to see the full 6 text, if you go to the web site of PCUSA and enter 7 environmental ethics, you can find a link to this 8 entire document. All I can do in the limited time 9 is just say some of the highlights. 10 I do want to say that the 11 Presbyterian Church has a significant presence in 12 McLean County. We have multiple churches in each 13 of the urban areas of Bloomington and Normal and we 14 also have congregations in more rural areas such as 15 Chenoa, Cooksville, Danvers and Leroy. The 16 position expressed in this document of our general 17 assembly establishes a goal of limiting the warming 18 of our atmosphere to two degrees Celsius above 19 preindustrial levels. This is the standard that 20 many of the climate scientists have stated. 21 The position of the church takes the 22 perils of climate change extremely seriously and we 23 acknowledge our own complicity in this problem. Page 126 1 Those of us in the so-called developed world have 2 made far greater use of the resources of our planet 3 than would be our fair share. As a result much 4 more vulnerable people are likely to be suffering 5 the consequences. We're going to have to make 6 radical changes in the way we live, we're going to 7 have to do that as individuals, as congregations, 8 as members of a faith community. But part of our 9 responsibility as members of a faith community is 10 to be advocates for social justice. 11 What's especially relevant here is 12 the position of the church recognizing that oil is 13 the greatest source of greenhouse gases in the 14 United States. We've got to move away from that. 15 I guess the biblical word for that is repent, that 16 is change course, move in a different direction. 17 We have to be moving away from dependence on fossil 18 fuels. Obviously this particular proposal is not a 19 big deal in the big you know, big scheme of 20 things but it's the proposal that's here that's for 21 our community to deal with. So, you know, we have 22 to make a decision and be accountable for the local 23 decision that's made here. We need to get our own Page 127 1 house in order. I just want Mary and the others 2 who share her concerns, including the testimony 3 that we heard tonight from a different faith 4 community, to know that at least this particular 5 branch of the Christian family is in solidarity 6 with you. 7 And I want to say to those of you on 8 the zoning board, and ultimately to the county 9 board, that we're also in solidarity with you and 10 we are praying for your good judgment and your 11 discernment as you go through the process of 12 carrying out your responsibilities. So we thank 13 you for your service. 14 MS. RUDOLPH: Any questions from 15 members of the board? Questions from staff? 16 Questions from the applicant? 17 MR. WETZEL: No questions. 18 MS. RUDOLPH: Any questions from any 19 interested party or objectors of this witness? 20 Thank you, Mr. Porter. 21 The last witness I have on my list 22 here is Joyce Kaye. 23 MS. KAYE: Yes. That's me. Page 128 1 MS. RUDOLPH: Okay. 2 MS. KAYE: My name is Joyce Kaye, 3 K-A-Y-E. I live at Number 2 Sunshine Court in 4 Bloomington, Illinois. 5 MS. RUDOLPH: Would you raise your 6 right hand, please. 7 MS. KAYE: Oh, okay. 8 JOYCE KAYE, 9 The witness, having been first duly 10 sworn upon her oath, testified as follows: 11 MS. RUDOLPH: You may proceed. 12 MS. KAYE: I will try to be brief. 13 Basically I'm saying what everybody else has said. 14 The oil company will be using thousands of gallons 15 of fresh water to drill. Water is precious, once 16 it's contaminated, it can't be uncontaminated. I'm 17 asking you to do what is right, don't support toxic 18 fossil fuels. We know they are destroying air, 19 water, and land. To put an oil well on the richest 20 farmland in the world is a travesty, it's 21 ridiculous, that's not where it belongs. But I 22 don't think it belongs anywhere, especially on the 23 richest farmland in the world. 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 22, 2014 Page 129 1 Dr. Juergen Schroeer's suggestions of 2 water testing, you know, if you give the permit 3 you've got to protect the neighbors, you've got to, 4 you know, really make it safe if you approve this 5 awful permit. Drilling a well is going backwards 6 ecologically. 7 Which is more important, as Angelo 8 said, water or oil, they sure don't mix. What do 9 you value? Is the risk worth it? You know, put 10 yourself in the neighbor's positions, would you 11 want to be them? If you approve the well, you have 12 to protect them. 13 Just a personal knowledge about what 14 chemicals can do to it. In 1986, '87 my husband 15 and I were exposed to pesticides. In 1989 my 16 husband died of liver cancer. The pesticides, the 17 chemicals brought down my immune system, I have 18 several diseases and one's multiple chemical 19 sensitivity. If you get a strong enough chemical 20 exposure and you're susceptible to that it the 21 chemicals will cross the blood brain barrier and 22 you won't have that barrier any more and you won't 23 be able to walk in department stores and stay very Page 130 1 long, you cannot handle the smell of perfume or 2 gasoline, you get headaches. And that can be from 3 any chemical exposure. And that is one of my 4 problems. And I recommend that you obviously 5 that you deny the permit. Thank you. 6 MS. RUDOLPH: Questions from members 7 of the board? Questions from staff? Any questions 8 from the applicant? 9 MR. WETZEL: No questions. 10 MS. RUDOLPH: Any questions from any 11 interested parties or objectors? Thank you. 12 MS. KAYE: Thank you. 13 MS. RUDOLPH: As I mentioned earlier, 14 we had one potential witness who signed up, Barbara 15 Heyl, who was unable to be here tonight. So I 16 believe we're going to we don't know if she can 17 be here tomorrow night either but we're going to 18 stay into 4 in case she can be here tomorrow night. 19 After she testifies we will get into Number 5, 20 which all of you have your you're the one who 21 told me she was ill so I should let you talk. 22 DR. RAU: She also has a plane flight 23 tomorrow night to visit her daughter. So I hope Page 131 1 she'll be better and able to get on that plane. 2 MS. RUDOLPH: She's leaving. She 3 won't be here. Okay. So in that case and we will 4 go onto Number 5 which is rebuttal testimony. But 5 we've also I was going to ask the applicant, 6 were they able to furnish a list of chemicals that 7 I asked for? 8 MR. WETZEL: Yes. I delivered a copy 9 to Phil earlier today or actually earlier this 10 evening. 11 MS. RUDOLPH: Thank you. One of the 12 members of the board has had a special request. 13 You want me to talk about that or you want him to 14 talk about that? 15 MR. KNAPP: We'll bring him back for 16 rebuttal tomorrow. 17 MS. RUDOLPH: Okay. In that case 18 everybody can be here tomorrow night at seven 19 o'clock. I'm going to continue this case till 20 seven o'clock tomorrow night in this room. See you 21 then. 22 (Hearing was concluded for the evening at 9:50 p.m.) 23 Page 132 1 CERTIFIED SHORTHAND REPORTER'S CERTIFICATION 2 3 I, JILL A. BLESKEY, Certified Shorthand 4 Reporter, Registered Professional Reporter, and 5 Notary Public of the State of Illinois, do hereby 6 certify that the foregoing is a true, correct, and 7 complete copy of all proceedings conducted before 8 the McLean County Zoning Board of Appeals, 115 East 9 Washington Street, Bloomington, Illinois on October 10 22nd, 2013, at 7:00 p.m. concerning the 11 above-captioned matter. 12 Dated this 6th day of November, 2014. 13 14 15 Jill A. Bleskey, CSR-RPR 16 17 18 "OFFICIAL SEAL" 19 Jill A. Bleskey Notary Public, State of Illinois 20 My Commission Expires 4/25/16 21 22 23 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 22, 2014 $ $20,000 34:13 $400 34:12 $500,000 34:7 A A1 10:3 A3 13:8 abandoned 33:22;34:16 abide 46:8;58:7 ability 32:15 able 11:8,18;32:21;102:4; 111:7;121:13;129:23; 131:1,6 abolitionist 39:9,10 above 10:16;57:12;125:18 Absolutely 29:22;30:10;55:8; 61:3;107:14 abstract 95:5 academia 94:19 academic 53:13 accept 103:11 acceptance 5:6 access 9:11;49:22;64:17; 101:12 accessed 24:11 accident 77:4,5 accompanied 12:21 according 18:18;20:13;48:22 account 42:18;114:7 accountable 126:22 accumulate 33:2 accuracy 24:19 accurate 97:17,18;114:19 acknowledge 125:23 acquire 32:16;123:8 acquired 103:1,1 acquisition 104:9 acre 33:2 acres 27:8;32:20;78:9; 122:8,10;123:14 across 9:22;63:23;65:8; 73:10;85:22;91:10 Act (12) 8:15,15;9:5;10:12, 21;14:19;19:1;30:11; 33:10,18,19;34:6 Action 7:18;65:7;105:23 activities 11:2;26:10;46:10; 48:18;71:10 activity 30:19;105:8 actual 82:8;95:5 actually (13) 18:4;30:13;57:21; 58:2,23;74:14;93:15; 98:14;100:9;116:6; 122:5;123:10;131:9 added 12:9 adding 68:8 additional 94:13 address (19) 6:22;23:10;40:16,20; 48:5;62:4;69:4;70:10; 72:23;85:14,17;107:6, 7,10;108:8;112:22; 115:19,20;121:20 addressed 15:1;58:21;71:1; 112:23 addresses 7:5 addressing 82:22 adequate 37:11;38:14,16; 49:22;75:21;103:14 adequately 52:13;98:15 Adirondacks 55:17 adjacent 74:7;81:17;88:11 Administrative 10:11 admits 49:7 adopted 124:19,23;125:4 advance 28:23 advantage 95:10 advantageous 107:15 adverse 11:12 advocate 66:5;94:5 advocates 126:10 affect 49:16;92:6 affected 92:7;116:7 affirm 68:20;85:7 affirmed 61:21,22;62:2;69:2; 85:12 afford 110:7 afternoon 93:11 ag 28:8 again (13) 8:2;27:14;29:7; 36:22;50:21;60:8; 71:22;82:12;83:23; 84:11;98:22;112:13; 121:22 against 69:12 age 12:17 agencies 38:19 Agency 7:9;16:11;27:22; 35:21;36:5 Agent 108:19,22,23 aggressive 109:13;110:17 ago 108:21;122:18 agree 29:6,14 agreed 57:23 agreement 57:16,17;58:5,12; 59:17,20;82:9 agreements 81:15 agrees 58:5 agricultural 26:9;59:13;63:18; 65:18 ahead 110:3 air (15) 11:11;16:9;41:13; 44:7;45:12;48:21;49:5; 50:11;51:2;52:20;63:1; 70:22;85:22;118:21; 128:18 Albany 18:11 alive 123:13 Allen 89:14,15 alleviate 82:16,20;83:7 allow 31:3;52:20;111:22 allowed 6:3,5;11:9;38:2 allows 9:8,10 almost 53:17;118:18 alone 60:5 along 5:19;82:19;111:20 alternative 64:1;65:21;67:16; 121:10 Although 55:1;60:21;118:15 always 77:6 amendments 125:2 among 32:3 amount 33:12;34:20;60:2; 90:23;102:20;118:1 amounts 65:17 ample 65:16 analysis 15:11;42:4;90:8; 114:12 analyze 17:2 and/or 45:20;49:23 anew 112:7 Angelo 85:5,10,16;129:7 A-N-G-E-L-O 85:16 animal 63:20 annually 58:6 answered 16:5 anticipating 69:9 anything's 54:9 apart 34:18 apologize 22:15;82:12 apparently 95:8;121:2 Appeals 3:2;30:20;62:13,15, 17;71:3 appeared 56:10;100:13 applicant (19) 23:1,14;30:2;44:13; 53:8;57:15;66:2,10,12; 72:4;80:23;82:3;96:4; 107:19;110:12;123:21; 127:16;130:8;131:5 applicants 22:21;71:12 application (10) 11:20;12:22;13:4; 31:12;44:10;46:7;68:1; 102:18,19;112:8 applied 111:21 applies 46:9 appreciate 62:12,14;73:20 appreciation 4:18 appropriate 27:2 approval 20:7 approve 110:10;129:4,11 approved 57:23;58:2,15 approving 102:11 approximate 84:15 Approximately 44:22;84:10 approximates 90:11 Aquifer (57) 15:9;46:18;86:2,2, 17;87:17;88:1,12,17; 89:10,23;90:11;91:2, 23;92:5,17;93:18,20; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] $20,000 - Aquifer ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 94:4,8;95:16;96:1,22, 23;97:6,13,23;98:1,4, 18;99:1,11,18,22; 100:10,12,14,18; 101:15,19,21;102:16; 103:20,23;104:4,14; 105:5,23;106:14; 108:12;109:18;110:8; 113:1,5,21;114:14; 116:9 aquifers (11) 14:2;50:3;86:16; 92:6,13;94:3;96:2; 97:8;99:20;100:2; 116:11 area (26) 6:6,8;32:21;33:3; 47:5,6,7,13;49:9,17; 59:10,13;78:11;86:4; 87:23;88:22;89:9; 96:21;97:5;99:4; 100:10;106:14;117:5, 19;119:5;120:8 areas 103:4;125:13,14 A-R-E-L-L-A 85:17 argue 76:10 arguing 102:5;125:1 argument 21:21 arise 43:20;51:7 army 109:9 around 22:21;47:13;70:1; 109:11;119:7;122:19 arrive 36:10 aspects 68:3;82:15;98:7 assembly 30:1;124:20,20; 125:17 assessment 87:2;91:2;93:13; 95:20;103:14 assigned 17:15 associated 41:11;68:1;90:4 assume 21:3,4;24:10;27:14; 95:20;97:10;103:8; 117:9 assumed 121:2 assumes 8:21;103:8 assuming 13:16;20:17;31:16, 22;35:16;36:21 assure 50:8;52:6;124:14 assuring 49:22;76:3 asthma 84:7 atmosphere 85:21,21;104:16,20; 125:18 attended 80:1 attention 111:23 attitude 43:17 attributable 58:9 attributed 4:5,11;93:13 auction 32:19 audience 4:7,12;5:11,15; 116:19 author 89:13 authority 15:5 authors 89:21 available 25:10;55:5;58:13; 95:11;106:6 Avenue 62:7;69:8;85:18; 107:10 average 12:12 averaged 13:10 avoid 14:14 aware (14) 25:14,16;30:8,13,17; 33:5;37:17;46:1,5; 55:18;63:10;79:17; 122:17,21 away (11) 27:11;45:1;46:23; 67:12;69:9;76:22;79:2; 113:1;114:15;126:14, 17 awful 60:3;129:5 B baby 118:18 back (10) 12:20;18:20;22:16; 28:3;60:7;109:20; 111:10;112:6;119:8; 131:15 background (14) 23:21;45:6,7;53:12, 18;54:2;67:21;69:18; 74:1;83:19;98:16; 100:16;108:17;109:2 backward 64:10 backwards 129:5 bad 42:7;120:22 ballpark 24:6 ban 65:12 Bangert 3:12,13 bankrupt 34:2 banning 14:15 Barbara 84:22;130:14 bare 83:5 barrel 12:20;51:22 barrels 12:1,2,12,14,15,21 barrier 129:21,22 base 19:4 based (10) 45:20;46:19,21; 84:14;88:9;91:22; 102:5;103:12;106:2; 124:13 baseline 10:22;11:6 basic 37:20;54:17 basically (16) 10:5;16:15;17:13,18; 21:10;32:20;34:3; 38:13;45:18;58:4;79:3; 89:7;90:9;103:2; 115:21;128:13 Basin 18:8,14 basis 71:2,16;77:22 beans 78:17 beautiful 8:7 Bechtl's 124:12 become 99:3 becomes 8:4 Bedrock (10) 88:6,18,19,20,23; 89:6;90:4,5;95:15; 96:14 beds 65:2 began 5:19;11:7 begin 6:9 beginning 6:11 begins 71:7 begun 5:19 BEHARY 40:20 beings 67:8 belied 95:17 beliefs 7:20 belongs 128:21,22 below 88:15 beneath 56:6;90:14 benefit 77:18,18;116:22 best 16:4;27:5;30:7; 117:4;119:11 better 69:22;100:1;101:9; 116:17;131:1 beyond 106:5,5 biblical 126:15 big 44:7;105:8;109:9; 126:19,19,19 billions 104:19,19 biomass 64:2 bit 9:6;55:5,15;69:19; 83:19;94:13;118:16, 19;119:13 black 42:6 blanket 34:6;35:4 blood 129:21 Bloomington 7:1;59:7;74:6;91:15; 98:21;124:9;125:13; 128:4 blowing 117:19 blowout 50:3;51:17 blowouts 49:15 blows 117:11,18 Board (36) 3:2;15:12,17;16:3; 29:20;30:4,20;44:12; 48:15;49:21;53:2,7; 58:2,16;62:13,15,16; 66:1,20;70:13;71:2; 72:3;73:16;78:2;92:23; 93:22;107:19;108:15; 110:9,12;122:5;127:8, 9,15;130:7;131:12 body 88:1;124:23 bond 33:7,12,16,19;34:6, 11,21;35:4;46:7 bonds 34:19 bone 83:5 bonuses 109:7 booming 18:6 born 48:9 both (15) 12:22;14:14;15:4; 33:18;34:23;36:3; 45:20;57:16;85:21; 91:13;92:20;94:6; 99:23;101:10;114:6 bottom 4:1 bottoms 9:7,9,19,20 bought 32:19;110:23;123:16 boundary 90:7 Brad 115:10,15,20 B-R-A-D 115:20 brain 129:21 branch 127:5 brand 112:7,8 break 4:4;72:10 breathing 84:7 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] aquifers - breathing ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 breech 50:3 brief 7:10;8:12;10:18; 13:9;17:20;108:17; 128:12 brine (19) 9:7;12:2,11,12,14,15, 21,23;13:4,9;14:6,15, 16;27:7,12,23;34:1; 60:2;102:21 bring 45:14;57:2;110:7; 131:15 bringing 10:7 brings 118:17 broad 8:11 Broadway 108:11 brought 37:18;57:10;129:17 brutish 8:5 budgetary 30:1 budgets 36:8 build 9:18;43:7;122:12,15 building 64:3 buildings 64:4 built 52:5;66:23 burden 51:10 Bureau 32:18 buried 104:18 burn 118:23 burned 121:16 burning 63:2,13;68:8;75:14; 76:23;84:2 business 3:17;52:16;65:15; 109:2;110:1 businesses 99:2 buy 32:12,23;33:4;64:6; 110:1,2,4;123:7 byproduct 113:3 byproducts 75:15 C C-A 85:17 call 3:3;8:13;31:4;46:15 called 109:8 calling 6:9 calls 7:20;8:2 came 58:21 can (71) 3:17;4:15,20;7:5,13; 9:19;11:3,13;12:3,20; 13:15;14:5,9;15:12,20; 18:11;27:11,12,18; 28:23;30:3;31:2,8,10, 10;39:21;40:6;42:15; 43:3;48:10;50:20; 51:19;56:5;59:6;73:5; 78:10;84:1;86:9;90:5, 12;92:3,16,18;93:9; 98:11,12,13;99:14; 103:5;104:9;109:17; 110:21;112:4,16,17,17; 114:4,8,22;117:6; 118:1,6;121:23;122:1; 125:7,8;129:14;130:2, 16,18;131:18 Canada 65:15 cancer 10:3;108:20;129:16 capacity 56:21 capitalism 109:8 Capparella 85:5,7,10,17;106:22; 114:3,21 capped 34:9;35:4 Capprella 96:5 capture 49:3 carbon 104:20 carcinogen 84:5 carcinogens 84:3,4 care 5:5;82:6;118:8 Carlson 115:7,8 Carlton 3:14,15;78:3,6 carry 58:10 carrying 127:12 Case (19) 3:17;4:9;7:4,6; 15:23;25:22;47:19; 50:2,8;76:7;96:17; 101:17;103:6;109:12; 121:8;130:18;131:3, 17,19 cased 88:22 cases 10:23;12:22;13:20; 34:1 casing 114:15 casings 51:16 category 42:5 Catholics 7:18 cattle 78:16 caught 13:16 cause 5:11;27:11;66:12; 82:12 caused 27:19;121:4 causes 10:3;11:10,11 cautionary 99:21 cautious 102:11 cave-ins 118:6 Celsius 125:18 cemented 51:16 central 9:16;92:19;98:5; 99:5;104:3;105:2,7 certain 30:15;35:3;94:14; 103:13 certainly (13) 4:14;29:3;42:5; 55:16;82:19;93:21; 98:23;104:16,22; 105:13,22;106:5; 112:21 certified 64:4 cetera 104:7 chair 4:13 challenge 46:13;106:1 challenging 101:3 chance 24:8;39:15 change (13) 15:20;31:3;48:23; 63:10,13,17;64:13,16; 91:13;118:10;124:18; 125:22;126:16 changed 52:12 changes 51:1;126:6 changing 63:11;65:21 character 45:8 characteristics 45:13 characterized 86:15;87:8 charged 48:16;49:21;104:2 charges 101:5 check 94:7 chemical 50:12;129:18,19; 130:3 chemicals 42:12;54:19;112:18; 129:14,17,21;131:6 chemistry 69:19;70:1;74:3; 83:15 Chenoa 125:15 chief 63:12 children 8:4;44:4;67:17; 68:10;77:17 choice 63:15;117:8 choose 38:10;67:9 chose 43:3 Christian 124:15;127:5 Chuck 64:12 Church 7:17;124:11,17,21, 22;125:11,21;126:12 churches 125:12 circumstance 66:6 circumstances 66:8 citizens 17:19;38:15;63:9; 65:9;107:15;113:14 City 91:14;98:21 claim 35:11,12,13 Class 13:20;36:15;37:4 Clay 32:10;50:12;90:18; 114:11 Clean 10:11;34:13;44:8; 64:7;92:14 cleanup 33:20 clear 4:21;14:1;27:4; 104:22 client 25:3,7;33:6,9;38:6; 46:2 climate (15) 8:9;48:23;63:10,10, 12,16;64:13,16;65:5; 85:22;91:13;104:16, 17;125:20,22 Clinton 103:21;105:9 clogged 61:9,14 close 11:18;18:2;47:6; 56:2;75:11;100:22; 116:4 closer 116:10 closest 79:12;117:14 closing 5:23 coal 17:10,21;18:2,4,7; 65:10 co-author 89:14 code 28:4,11;30:9 collapses 8:7 collects 8:16;9:1 college 118:16 Colorado 20:22 Combs 14:9 comfort 48:17;58:18;62:23; 70:20 comfortable Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] breech - comfortable ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 52:17;91:20;92:3,10; 121:21 coming 54:16;60:4;74:1; 77:3;91:4;95:22; 119:23 commence 71:21 comment 4:21 comments 69:10 commission 73:20 commitment 44:7 committee 117:2 commodity 43:23 common 32:22;100:20 communities 52:23;63:22;92:18; 98:23;101:15 community 49:19;50:15;52:1; 75:6;76:17;126:8,9,21; 127:4 compacted 96:13 companies 19:20;20:10;34:19; 41:23;103:3;109:3,5,9 company (32) 15:8;19:20;21:4; 32:9;33:21;34:2;39:3; 41:21;45:8;48:19,20; 49:2,7,11,13,17;50:1,2, 7,10,14;51:3,9,15;53:3; 54:18;91:17;103:2; 119:22;120:21;121:1; 128:14 Company's 50:17;52:8;82:5 competence 21:17,23 competent 50:8 competing 91:8 complaint 97:22 complaints 99:9 complete 87:1 compliance 52:9 complicity 125:23 compliments 3:21 compound 10:7 comprehensive 58:12 comprises 88:17 con 71:11 conceivably 22:2,5,7,9,11 concern 62:13;86:11;90:22; 118:12,19 concerned 4:15;5:8;14:3;37:20; 75:23;83:11;105:1; 111:12 concerning 81:15 concerns (17) 38:13;50:23;66:11; 67:4;74:8,16;75:3,16, 16;82:14,16;84:5,8; 116:8,9;124:15;127:2 concluded 131:22 conclusion 24:12;32:7;36:11; 89:13 conclusions 46:14 concrete 112:17 condition 33:5;57:14 conditions 67:9;111:19 conduct 3:17;26:10 conducted 48:19;72:14;85:4 conductivity 87:5 conduit 96:19;106:15 conference 95:5 conflict 15:6 conformance 28:17 congregations 125:14;126:7 connection 24:23;25:4;29:19 connectivity 96:9,11,12 connects 96:21;106:13 consensus 65:5;125:3 consequences 126:5 conservation 64:5 Conservative 11:22 consider 51:2;70:13;90:23; 91:6 considerable 88:19 considerably 12:3 considered 58:15 considering 52:18;70:13 consist 87:3 consistent 28:10 consists 99:22 consolidated 96:15 Consortium 15:9;93:18,21;98:5; 99:22;100:18;101:6 constitute 3:16 consultant 93:20 consume 86:1 consuming 39:19;51:10 contain 90:17 contained 10:15;30:11;84:4 containing 97:23 contaminant 10:17,20 contaminants (16) 42:12,16;86:19,20; 87:7;91:4;92:4;95:22; 96:20,23;97:9;98:10; 99:19;106:15;109:17; 120:16 contaminate 92:13;100:6 contaminated 11:1;14:7;34:14; 49:14;120:10;128:16 contamination 63:4,6;71:9,11,14; 88:23 content 87:19 contents 48:21 context 67:2 continue 44:8;64:8;91:9; 131:19 continuing 18:8 contour 90:6,10 Contract 88:3;90:1 contracted 91:17 control (10) 8:9;11:16;16:2,12; 20:19,19,23;29:21; 30:4;83:6 conundrum 39:5 conventional 18:13 converging 65:4 conversion 11:14;31:8 convey 3:21 Cooksville 125:15 Coop 88:3 cooperating 101:9 copies 7:11;22:23;24:20; 86:9 copy 7:10;23:7,11;93:9; 131:8 core 7:20 corn 41:8;78:11,17 corporation 76:1 corrected 3:23;4:15 correction 71:10 corrosive 12:11 cost 33:20 costs 34:15 Cottage 107:10 Council 73:17 count 17:3 counterproposals 125:2 counties 55:7;119:14,15 countries 64:17;65:1 country 42:8;43:4,5;61:13; 65:9;66:14,21;91:10 County (70) 3:1;8:19,21,23;10:1, 6,9;11:17;13:5;15:4,6, 8,12;16:2,3,8,15;20:19; 21:1,10,16;26:10,12; 28:4,19;30:9,14;31:14, 17;32:10;41:5,13,15; 42:2;43:16;44:4,8; 47:9,11;48:11,17;53:4; 57:16,22;58:2,6,16,16, 19,23;59:21,22;63:9; 64:3;66:10,11,12,13, 17,20;76:15;79:21; 81:12;87:22;91:12; 107:15;117:17;119:12; 125:12;127:8 County's 119:11 couple 44:14;81:2;90:12; 122:5 courage 66:20 course 69:20;70:4;108:22; 126:16 Court 3:22;4:19;11:8; 128:3 courtesy 43:12 cover 33:20;52:13 covers 35:5 crack 112:17 creating 49:19 crew 74:19 criminal 8:16 criteria 19:2 critical 102:9 cropland 41:10 crops 61:5 cross 129:21 cross-examination 114:21 crude 9:21 culmination 124:23 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] coming - culmination ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 culprit 39:18 culture 32:15 cumulative 104:23 curiosity 93:2 current 25:1;27:20;31:5 currently 29:4,10;98:20;105:9 cut 12:17 cuttings 9:6 D damage 27:12;58:9,22;64:18 damaging 102:12 danger 14:2;27:4 dangerous 48:18 Danvers 40:18;44:20,21; 125:15 data (12) 91:19;94:17,23;95:3, 6,10;102:6;103:1; 104:9;106:3,5,6 date 79:23 daughter 130:23 daughters 118:14 Dave 116:5;117:9 Dave's 119:21 David 72:15,19;73:2;78:3,7 D-A-V-I-D 73:2 day 12:1,2;35:16 days 35:17 day-to-day 77:22;118:5 deal 17:12;66:14;67:19; 68:11;126:19,21 dealt 66:15;105:17 debate 125:1 decades 29:12,16;98:13; 99:20 decent 39:16 decide 119:18;121:23; 122:1,1 decided 21:9;34:2;121:4 decision (13) 8:3;11:8;67:12; 76:19;77:8,10,23; 109:5;116:23;119:19; 121:22;126:22,23 decisions 21:17;104:10 declared 64:13 DEEP 13:4;14:15;22:8; 88:10 deepening 11:14;21:15;31:8 deeper 82:21 deeply 9:12 Defense 64:11 deficiencies 100:18 deficiency 91:19 defines 90:7;110:20 defining 19:3 definitely 57:9;70:21 definition 18:22 degradation 52:22;99:15 degraded 99:17 degree 74:3;83:15;93:13 degrees 125:18 delaying 65:6 deliver 12:5;57:1 delivered 131:8 delivery 11:5;83:1 Democrats 67:8 denial 8:13;15:14;20:15; 64:10 denied 25:18,21,23;26:1 dense 96:13 deny 26:5;53:2;71:3; 107:17;130:5 Department 46:2;123:3;129:23 depend 29:5,10;65:21; 112:20 depended 29:4 dependence 63:15;126:17 dependent 83:23 depending 86:5 depends 44:5 deposits 90:19 depth 88:14 depths 88:20 describe 78:10 describes 39:13;64:14 designation 94:4;104:1 desired 93:22 destroying 128:18 detail 95:3 detailed 101:11 details 86:23;87:1,2 detected 71:9 determination 95:21 determine 86:15;87:6;100:17 detrimental 48:18;62:22 develop 32:14,16 developed 108:20;126:1 developing 67:15 development 65:14;92:20 developments 11:17;64:22 DeWitt 66:10,11,12,13,16 DICK 3:4,6,8,10,12,14;7:5; 18:17;40:23 died 129:16 diesel 77:2 difference 117:7 different 16:7;17:11;55:23; 95:15;119:13;126:16; 127:3 differentially 96:15 differently 112:4,5 difficult 39:4,20;41:21;67:11; 77:10;98:8;122:22,23 difficulty 35:23 diminish 43:2;70:18 diminished 70:21 direct 96:23 directed 89:18 direction 80:5;126:16 directions 117:14 directly 79:5;97:12;98:4 disaster 51:18 discernment 127:11 discharging 10:14 disciplines 23:23;53:14;67:23 disclaimer 5:6 disclaiming 5:7 discovered 82:7 discovering 18:12 discussing 53:15 discussion 81:15;85:3 discussions 81:18 disease 64:19 diseases 74:5;129:18 displace 64:20 disposal 14:15;71:21 disruption 63:18 distance 84:1 distillant 75:15 Distinct 31:23 distract 22:17 distribute 101:17 district 26:9;28:8 districts 30:15 disturbance 63:21 disturbing 74:18 ditches 42:11 division 17:11;38:19 DNR 29:20;116:13;118:21 Doctor 15:16;19:7;74:4 document 7:7;10:13;58:14; 87:11;89:11;124:18; 125:8,16 documents 12:4;23:9;24:17,22; 25:12;86:8 dog 76:21 dollars 33:14 domestic 87:23;88:10 Don 115:7 done 17:10;25:10;49:8; 100:16;101:5;116:20 door 11:18;75:8 double 85:17 down (13) 16:19;20:7;31:2; 33:20;65:10;76:9; 90:19;103:7;116:23; 118:11;119:1,2;129:17 Downs (13) 14:3;47:13;48:9,9; 51:12,12;57:18;62:8, 18,18;65:18;69:9;73:3 downstate 37:23 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] culprit - downstate ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 86:3 DR (45) 6:13,18,23;7:7; 13:17;18:18;22:12,14, 18,20;23:2,6,15,18; 37:5;40:3,3,4;48:22; 71:22;72:16,19;73:15; 81:1,4;84:21;87:13; 89:3,20;90:8,9,15; 93:11,23;94:2,18;95:3; 96:4;101:10;105:22; 106:9;112:22;114:12; 129:1;130:22 drainage 42:10;49:23 dramatically 63:11 drastically 52:12 drawers 24:21 drill (12) 9:6;41:6,19;42:20; 50:17,20;54:22,23; 66:11;112:15;120:1; 128:15 drilled 89:10;107:16;120:23 drilling (31) 11:7;15:19,21;20:4; 30:10;41:14;42:6,13; 43:13;44:9;46:3;49:13; 50:20;51:5,14;54:15; 56:12;63:7;64:9;71:7, 9,19,20;74:8,20;75:8, 12;76:8,22;116:3; 129:5 drills 50:19 drinking 10:17;14:13;49:12; 51:2,7;52:21;75:18,19, 21 Drive 7:1;119:2,7 drivers 63:12 driving 75:13 drop 70:23;121:13 dropped 74:19 drops 35:3 Drought 64:20 dry 120:13 due 27:22;70:22;106:4 duly 6:19;40:13;48:2; 72:20;107:3;108:5; 115:16;124:6;128:9 during 12:18;49:12;51:4 dwelling 80:8,16,18 dying 18:8 E earlier 130:13;131:9,9 Earth 7:19;56:6 East 40:17,21;73:3;87:22; 92:19;98:5;99:4;104:3; 115:21 East-Central 89:21 ecologically 129:6 economic 32:2 economics 108:18 economies 104:6 economy 92:21 ecosystems 63:21 edge 80:19;90:11 educated 70:5 education 45:11,15;67:22; 83:20 educational 53:12;54:2 effect 52:14 effectively 66:16 effects 11:12;63:16;64:16 efficient 64:4 eight 12:1,1;13:1;60:2; 73:22 either 21:22;34:8;45:15,20; 93:3;98:15;99:17; 103:17;130:17 elaborate 81:19;83:13 electronic 23:8 elevation 88:12,15,16,18 elevator 61:6 Ellen 36:2 eloquent 124:12 eloquently 76:14 else 69:23;76:17;128:13 elsewhere 36:17 e-mail 23:10;87:18;89:14, 18;90:9;93:8 emanating 86:19 embodied 124:17 Emeritus 7:15;23:19 emphasis 7:19;67:15 encounter 50:19 encourage 65:13 end (11) 6:12,14;7:22;8:5; 9:19;12:17;17:1;41:15; 42:14;65:7;73:7 endanger 62:23 endure 60:6 energy 44:8;64:1,4,5,8; 65:20,21;67:16;124:18 enforce 22:5;31:17 enforced 8:20;38:17 engineering 23:22;45:7;53:13 enhanced 12:18 enjoy 75:5 enjoyment 42:23;70:16 enough 5:7;7:11;9:17;69:21; 92:1;103:14;116:16; 118:22;129:19 enriches 43:5 Enron 33:1;56:2 ensure 37:11 enter 57:16;125:6 entered 120:20 enterprise 75:8 entire 67:15;125:8 entities 99:23 entitled 89:21;124:18 entity 56:16 entry 99:18 environment 28:15;39:16;56:3; 68:9;70:5;117:6 Environmental (10) 7:9;27:22;36:1,3,4,9; 52:18,22;70:3;125:7 EOG 33:1 EPA 10:11;36:17;37:7; 94:4;104:1 EPA's 10:17 equipment 9:7,18,19 eroding 27:10 errors 11:21;13:1 escape 113:4 escaping 14:6 especially 126:11;128:22 establishes 125:17 estimates 11:22 et 104:7 ethics 125:7 evaluate 104:4 evasive 105:23 even (13) 8:19;9:16;17:14; 34:15;37:12;52:20; 77:14;81:22;95:8; 100:13;102:18;109:14; 112:14 evening 72:16;84:23;131:10, 22 event 25:21;58:18;59:2; 94:7 events 63:18;64:18 eventually 79:20 everybody 4:11;22:19;53:17; 69:23;105:12;128:13; 131:18 everyone 7:11;39:18,18;73:20, 21;74:10;76:17; 121:12;124:14 everyone's 5:18 evidence 5:20;16:21,23;28:20; 113:19;114:22 eviscerated 36:5 exact 17:3;57:22;122:20 exactly 36:14;89:8,12 example 32:9;36:12,13,13 except 111:17 exception 16:14 excess 63:2;75:14 exclusively 42:13 excrement 9:21 excuse 7:9;9:10;18:7;19:1; 36:19;65:6;106:19; 113:7,9 executive 23:4 exercises 16:12 exhibits 22:21;23:4 existence 7:22 expand 64:8;99:1 expanding 18:5 expect 111:8,21 expense 71:23 expensive 51:9;92:14 experience 43:4;47:4;53:12; 54:2;82:5;83:20 expert 6:4,6;70:6;120:4 expertise Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] - expertise ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 6:7;45:15;103:17 experts 103:13;113:2;117:1 explain 13:2 exploration 55:9;103:3 exploratory 103:2 exploring 32:10;103:3 explosions 52:2 exposed 108:19;129:15 exposure 10:2;129:20;130:3 express 62:13 expressed 45:19;125:16 expressing 38:13 extend 90:13;114:15 extent (10) 4:22;29:5,10;59:8; 92:5;95:23;98:14; 102:3,10;105:4 extra 86:9 extract 56:5 extraction 11:2;23:23;41:10,12; 52:14;66:22;70:3 extractive 69:13 extrapolated 106:4 Extreme 63:17;64:18;105:19 extremely 37:12;39:20;125:22 extremist 65:3 eyes 39:17 F face 9:2;10:1 facilitating 97:8 facilities 49:23;101:16 fact (14) 19:20;20:20;30:8; 46:1,5,7,8;61:8;68:4; 81:23;82:1;95:17; 112:23;114:7 factor 48:23 facts 49:15;97:17 factual 46:13 fail 51:19 failures 17:23;37:16 fair 39:6,8;126:3 fairly 70:5;83:21 faith 7:19;124:13;126:8,9; 127:3 fall 8:14 falling 34:18 familiar 59:2;105:13 families 43:8;50:22;79:6 family 51:8;76:6;77:17,20; 119:20;124:15;127:5 family's 116:7 far (12) 4:15;5:7;34:22; 44:22;80:18;83:10,22; 109:22;114:14,23; 123:12;126:2 farm 9:9;26:16;27:2,12; 75:5;121:7;123:16 farmer 51:7 Farmers 50:22;61:4;117:23 farming 49:17;78:14 farmland 26:21;27:6;42:3; 121:16;128:20,23 farms 58:21;64:3 farther 90:6 fault 51:9 favor 33:8 fear 83:7 fears 82:20,20 features 49:14 federal 17:22 feed 90:19 feel (14) 21:16;38:14;46:22; 47:1,6,9,14;52:17;70:5, 10,21;94:10;102:14; 104:12 feeling 116:17;117:4;119:22 feelings 45:18 feels 53:17 feet (14) 13:10;76:22;79:14, 15;80:5,11,20;82:10; 84:10;88:13,14,15,16; 117:15 Fell 85:18 F-E-L-L 85:18 fellow 65:9 ferrous 46:18 fertile 41:10 few 8:18;41:6;47:5;53:9; 87:22,23;108:21; 117:22;119:7 field (20) 9:6;10:8;14:16; 17:10;43:10;54:1;63:6; 73:6,8;74:8;76:20; 79:5;80:10;90:15;91:1; 96:21;97:5;98:10; 101:3;115:22 fields 9:15;13:7;61:4; 78:11;123:10 fifteen 12:2;13:1 fifth 13:12 Figure 89:19,19;90:3 file 11:13;31:10 filed 17:19 filled 88:7;90:17 Final 14:17;15:11 Finally 15:2;92:8;125:3 financing 56:16 find 43:9;57:9;110:6; 125:7 finding 18:10 fine 5:17;44:18;60:20,21, 22;88:7;90:18;93:12 fines 8:16;17:15;52:6 Finnigan 3:4,5;79:11;123:6,19 fire 50:8,9 fired 65:10 first (27) 4:14;6:10,19;8:14; 9:14;11:10;12:15; 40:13;48:2;62:1;69:1; 72:20;79:17;80:1; 85:11;87:10;89:3;91:6; 97:5;107:3;108:5; 115:16;116:7,10; 120:23;124:6;128:9 fit 104:5 Five 11:20;13:12,15;18:6; 48:12;78:9;88:2 fix 60:22;120:17 fixed 34:21;118:6 fixing 60:21 flame 76:23 flammable 49:18 flare 11:10;48:20 flares 50:13;51:15;54:17 flaring 75:14;84:7 flight 130:22 flood 12:19 fluid 19:5;42:6,13 fluids 45:13 focus 67:15 focused 52:22 fold 13:1;32:14;60:2 folks 15:8 following 5:19;37:3,16;72:13; 85:4 follows (12) 6:20;40:14;48:3; 62:2;69:2;72:21;85:12; 107:4;108:6;115:17; 124:7;128:10 food 64:17 foolproof 15:13 foot 88:10;90:10 forced 77:12 forecasting 118:3 foreclosing 68:10 foremost 89:3 forest 32:20 forfeit 33:21 forfeited 34:19 fork 34:3 form 95:11;101:6;124:22 formation 54:15 formations 49:10;86:16 forms 64:5 forum 102:3 forward 43:13;68:6 fossil (16) 39:9,19;56:2;63:14, 15;64:1,6;66:22;67:1, 12;68:6,8;84:3;104:18; 126:17;128:18 foul 44:6;112:19 fouled 109:19;110:8 found 3:23;10:8;13:20; 14:10;32:1;43:13; 120:16 Four 11:13;35:16;48:12; 118:14 frac 19:3,9;110:23 fracked 18:11;19:21 fracking (13) 14:18,22;18:21;19:5; 65:12;109:13,13,14; 110:17;111:15,16,23; 112:15 fracture Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] experts - fracture ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 19:4 Fracturing (10) 14:19,21,21,22; 18:23;19:1;22:10;31:4; 33:19;34:6 fragile 64:22 free 93:10 frequent 118:16 fresh 51:17;52:20;128:15 friend 71:13 front 39:17;45:9;57:19; 74:21;77:5 fuel 39:9;56:3;66:22; 77:2 fuels (13) 39:19;63:14,16;64:1, 6;67:1,12;68:6,8;84:3; 104:18;126:18;128:18 full 24:21;52:3;93:9; 95:20,21;125:5 fully 87:7;89:8;92:3; 103:4 fumes 51:14;83:10,21;84:7 function 26:11;29:23 fund 104:8 funding 37:18 furnish 131:6 Further 23:13;65:14;80:22; 96:3;101:7;115:1 future (15) 11:16,19;43:19;44:3; 53:1;65:5,20;66:23; 68:10;88:22;92:19; 98:22;102:2,12;104:5 G gallons 19:4,6;128:14 Gas (26) 8:15;9:5;10:2,14; 11:10;20:4;21:14;24:1; 28:6;30:11;31:7;32:3; 33:9,18;38:19,20;39:2, 7;48:20;52:11,14,15, 19;54:16;55:9;111:5 gases 48:22;49:4;63:2,13; 68:9;126:13 gasoline 130:2 gave 23:3,5;116:21 general 6:3;30:1;84:1; 124:19,20;125:16 generally 25:14,16;60:11;88:7; 90:10 generated 55:19;59:15 generates 43:23 generations 44:2,3 gentleman 32:17;40:6;82:2; 120:19 gentlemen 93:3;116:15 gentlemen's 91:23 geologic 86:16 geological 103:1 geologist 71:13;114:20 geology 45:6;53:12;67:22; 69:20 geophysical 88:21 George 87:13;90:15 geothermal 64:2 gesture 82:18 gets 51:12;98:14 Gher 115:10,12,15,20; 116:1;122:6;124:2,3 G-H-E-R 115:20 given 36:9;121:12 gives 10:5,18;39:15 giving 92:11 glacial 96:14 glad 23:10;86:12 global 11:10;48:23;124:19 goal 109:5;125:17 goes 120:13 Golden 41:8 good (25) 3:22;4:18;17:12; 19:18;29:1,2,13,16,18; 32:4,12;61:9;67:17; 69:14,15;72:10,16; 102:6;109:16;112:20; 118:22;119:17,22; 121:15;127:10 govern 67:5 government 17:22;20:18;104:3; 124:22 governmental 56:16;99:23 governments 64:23 gradient 90:20 gradually 99:16 grail 92:18 grain 88:7 grained 90:18 grandchildren 67:18;68:11 granddaughter 39:12 grandkids 105:15 grandson 118:14,17 grant 120:6 granted 110:21 graphic 95:13 grateful 123:4 gravel 114:11 grazing 78:15 great 98:19;100:3;104:13; 120:14 greater 126:2 greatest 126:13 greenhouse 63:13;68:9;126:13 Greenpeace 14:10 ground 11:16;43:8;52:21; 54:22,23,23 groundwater 14:2,8;87:20;89:4, 16;99:3;100:21 group 45:9;103:13 grouped 16:6 grow 27:11 growing 52:21 grown 61:5;118:14 grows 41:8 guarantee 33:8;46:8 guess (10) 60:18;83:18;91:20; 92:8;93:11,14;104:11; 105:18;106:1;126:15 guidelines 27:4 Gulf 51:18 gunk 38:3 gut 117:3;120:3 guys 39:1 H habit 39:20 Hagle 64:12;65:3 half 17:9;33:2;55:7;78:9; 79:1 hand (10) 6:16;40:11;47:23; 72:18;85:6;91:22; 107:1;108:3;115:14; 128:6 handle 56:21;130:1 Hanford 98:10 happen (13) 11:3;26:20;38:8; 50:4;51:1,3;59:1;76:6; 83:6;92:4;112:10,10, 17 happened 27:7;98:9;120:14 happening 38:1;47:7;63:17; 67:19 happens 11:3;109:18;121:20, 20 hard (10) 4:18;13:2;43:7; 51:22;60:8;93:4;98:12; 100:20;117:18;123:1 hardships 65:2 Harvest 41:8 harvesting 61:4;118:1 hazardous 49:4 hazards 45:11;49:20 head 89:15 headaches 130:2 health (12) 11:12;28:14;48:16; 49:5,11,16,19;50:16; 62:23;65:20;75:10; 77:17 hear 60:17;111:10 heard (24) 25:20;40:5;43:14,15; 45:6,21;53:20,23;55:1; 60:18;71:12;86:22; 105:3,15;107:14; 109:16;113:23;114:12, 21;116:1;117:3; 121:19;124:11;127:3 hearing 3:20;6:1;24:2;45:2; 48:11;94:3;103:13; 111:10;131:22 hearings 56:11 heat 55:3 heavier 57:11 heavy 42:9 held 85:3 help 82:14;88:23;123:2 helping 101:7 Here's 18:22 heritage 44:1 heroin 29:15 hesitant 51:5 Heyl 84:22;130:15 high Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] Fracturing - high ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 9:23;10:6,15;14:18; 17:8;18:23;19:3;34:15; 99:4 higher 12:3 highest 124:21 highlights 125:9 highly 49:18 highway 58:17 hired 38:18 history 52:19;82:5 hit 12:8;32:12;116:10 hits 116:4 holding 50:12 holy 92:18 home 14:13;16:14;43:10; 78:8;116:10;118:16 homeowner 10:23 homes 10:1 honoring 22:3 hope (13) 10:4;18:9,12;20:18; 31:15;61:3,8;101:22; 105:12;119:20;121:8; 122:1;130:23 hoped 98:20 hopefully 13:12;91:15;116:22; 121:9 hoping 20:17;66:19 horses 78:16 Hospital 81:13 host 11:12;101:8 hotter 63:19 hour 73:22 hours 73:23 house 76:23;77:5;79:13; 84:9;122:12,15;127:1 human 65:2;67:8 humans 109:1 Hurricane 64:19 hurt 109:1 husband 123:13;129:14,16 Hydraulic (13) 14:19,21,21,22; 18:20,23;19:1,3;22:10; 31:3;33:19;34:5;87:5 Hydro 91:16 hydrogeologist 87:14 I idea 42:7;79:12 identified 5:9;13:22;97:11 identify 5:4;6:6;13:19;27:19 identifying 4:16 ideology 65:3 IDNR (21) 11:14;13:9,20;15:3, 6;16:4,18;17:11;21:12; 24:23;25:9;26:1;30:5; 31:10;34:21;35:7,8; 36:4,15;37:1,10 ifs 121:11,18 ill 84:23;130:21 Illinois (45) 7:1,8,16,18;8:14; 9:14,16,17;11:3,23; 12:12;13:7;17:19;18:4, 8,13;26:10;27:9,21; 33:23;34:16;36:3,4,21; 37:23;38:14;44:20; 48:9;55:7,20;73:4; 87:14,15;88:4;89:16, 17,22;92:19;98:5;99:5; 101:7;104:3;119:2,15; 128:4 imagine 41:9;43:9;59:14 imagined 105:20 imaging 55:4 immediate 43:1;50:8;64:13; 70:17;105:6 immediately 71:10,11,21 immune 129:17 impact 59:16;102:2 impacting 98:1 Impacts 89:22;104:23 impair 64:17 impetus 103:23 implications 82:4 implies 59:23 important 6:7;47:14;63:22; 105:16;129:7 impose 26:12 imposed 111:19 imposes 33:7 impossible 100:5 improved 104:9 inaccurate 4:22 inadequate 50:4,10,15,21 inappropriate 27:1 incapable 36:6 incentive 32:14 inch 51:16 included 71:5 including 94:12;127:2 incomplete 97:20;103:6;106:3, 10 inconsequential 104:22 incorporate 24:12 increase 12:16;32:13;56:15, 16 increased 63:19 increases 12:17 increasing 64:23 incredibly 52:11 indeed 60:2 independent 71:6,18,18;87:4 indicate 10:1;18:18;113:20 indicated 82:4;83:14;88:20; 100:19;101:10;106:9; 110:16 indicates 50:15 indicating 98:7 indication 106:11 individuals 126:7 Industrial 7:15;24:5;32:1 industries 32:3,4;69:13 industry (18) 18:6,9;24:4,4,5; 26:15,16;29:1,3,8;32:6, 22;38:20,23;39:7; 52:12,17,19 inform 43:12 information 50:14;90:23;103:6; 116:21 informed 104:10 infrastructure 64:18 inherent 41:11 inherit 39:14 initial 11:22 injection (13) 13:5,7,10,11,14,21; 14:5,7;21:15;22:9; 36:15,20;37:4 injurious 42:23;70:15 innocent 120:12 inspect 58:6 inspected 13:11 inspection (10) 13:13,16;17:3,6,13, 19;35:14,17;58:13; 83:2 inspections 13:18;35:12,13,16, 22;37:3,11;56:17 Instead 9:8 insufficient 33:20 insurance 58:11 insure 60:23 integrity 13:21 intends 16:8 interconnected 101:1 interconnectedness 89:9;97:4 interdependent 7:21;8:1 interest 115:8;119:11 interested (15) 5:21;40:2;47:19; 61:19;68:17;72:7; 84:19;86:11;87:8; 106:20;107:22;115:3; 123:23;127:19;130:11 interesting 86:4;119:8 interests 15:7 interfering 96:1 internal 19:10 internet 95:8;120:18 intervals 71:8 intervening 97:7 into (40) 9:9;10:14;18:20; 24:13;32:18;42:6,18; 43:18;48:21;49:4; 50:11,21;51:21,23; 54:22,23,23;57:16; 81:21;88:22;97:12,12; 98:1;101:16;102:16; 103:3;104:5,20; 105:23;106:16;109:17; 110:17;112:18;113:5, 10;114:6;116:12; 120:20;130:18,19 introduce 86:8;87:11 intrusion 46:17 intrusions 97:12 intuitive 76:10 invasion 98:1;100:11;113:20 invite 94:10 involve Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] higher - involve ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 110:17 involved 26:16;35:22;53:14; 70:2 involves 82:23 involving 28:14,14,15;56:11 Iowa 36:18 irritant 84:3 issuance 26:18;33:6;56:11; 57:14;58:3 issue (13) 8:9;14:23;16:1,7; 25:2;26:15;49:6;83:10; 99:4;105:3,7,8,16 issued 25:3;26:3,6;31:14; 59:19;71:5 issues (10) 45:16;56:20;58:20; 70:3,11;83:3;86:4; 99:7;102:21,22 J Jack 124:4,5,8 Jeurgen 69:6 job 3:22 join 119:11 jointly 89:20 joke 74:23 Joseph's 81:13 Joyce 127:22;128:2,8 judgment 127:10 judicatory 124:21 Juergen 68:20,23;129:1 J-U-E-R-G-E-N 69:6 jurisdiction 57:18 justice 126:10 K Kai 39:14 K-A-I 39:14 Katrina 64:19 Kaye 127:22,23;128:2,2,7, 8,12;130:12 K-A-Y-E 128:3 keep 10:19;13:10;24:3; 37:1;104:19;108:16 Kerber 108:2,4,10,14;115:6 K-E-R-B-E-R 108:11 key 87:4;90:7;92:16; 103:18 Keylin 47:22;48:1,7,15; 53:11;61:20 K-E-Y-L-I-N 48:8 kicking 39:19 kids 8:8;75:11;79:8; 105:15 kill 109:1 kind (28) 8:3;18:2;31:3;50:18; 54:15,16;56:20;57:10; 78:10;86:5,18;87:1,8; 92:4;93:5;95:18;97:9; 99:3;100:3;101:3; 102:9;105:18;106:15; 110:17;116:16;119:5, 7,8 kinds 91:6;102:13,20 KNAPP 13:17;22:12,15,19; 23:3;131:15 knew 31:19,20;33:16; 58:22 knowing 50:20;87:9 knowledge (26) 16:5;24:7,18;25:18; 28:21;30:7;35:7,8; 45:10;46:20;54:4;83:9, 20;87:20;89:4;91:19, 21;93:14;95:11,19; 97:21;99:8;103:6; 106:10;114:18;129:13 knowledgeable 116:18 known 19:2;49:9;55:10,12; 57:7 Kuritz 3:6,7 L lab 71:6,19 lack 36:23;38:16;43:17; 91:19 lacking 86:23 lacks 15:4;38:14 lady 123:11 land (26) 9:21;16:15;27:5; 32:11,13,16,18,18,20, 23;33:4;43:22;44:1,3, 5;47:9;51:6;65:18; 78:7,15,15;85:19,19, 22,23;128:19 Landfill 103:21;105:9 landowner 51:6 large 64:20,21;109:3,6; 120:11 largely 90:17 larger 57:11;63:8;67:7; 103:22 last (21) 5:19;13:9;18:6; 40:23;69:7;81:14;82:3; 86:14;94:15,18;95:14; 97:11,14;100:3;107:9, 12;108:10;109:17; 118:13;124:12;127:21 later 11:15;22:22;82:7; 123:14 law 11:8;20:1,13;21:13; 37:22;38:2 lawn 74:19 laws 52:9 lawyer 36:3,9;111:14 lawyers 36:1;109:10,10 layer 88:13 layers 96:11 lead 91:3;109:13 leading 39:15,16;64:21 leads 109:6 leak 13:15,15;14:5; 109:15;114:5,7,8,22 leaked 92:5 leaking 33:23;34:1 leaks 13:23;49:15;51:15; 112:16;121:15 leaky 95:22 learn 95:10;120:19 learned 75:12 lease 32:13;120:21 least (13) 13:1;54:1;55:7;62:8; 70:21;82:14;91:5; 102:7;105:4;110:5; 113:2;119:17;127:4 leave 4:8,10;8:3;67:16; 92:21 leaving 14:20;131:2 led 89:13 left 52:16;109:19;120:1 legal 21:11 legally 16:16 legislative 37:6 legislatively 66:15 legislature 29:23;37:18;56:15 legitimate 50:23 Leroy 125:15 less 42:1;63:12;79:7 letter 16:3;39:12 level 10:17,20;45:14; 58:18;101:11;106:10 levels 9:23;10:5,15,16; 29:19;37:19;125:19 Lewis 10:15 liaison 7:16 life 8:4;12:18;39:16; 42:19;47:10;55:15; 118:10;121:15,17 lifeblood 75:20 likelihood 71:13 likely 15:7;64:16;70:23; 91:12;126:4 limit 6:7 limited 65:1;87:22;89:5; 111:18;118:1;125:8 limiting 125:17 limits 58:8;60:11;110:21 Line 4:3;51:13;80:14,17, 19;90:6 lined 37:21,22 lining 4:16 link 125:7 links 23:8 list 36:16;112:18; 127:21;131:6 listen 40:10 listening 108:15,15 lists 36:17 literature 96:18 little (13) 3:23;43:8;52:15; 55:15;60:9;73:17;79:1; 81:20;83:19;94:13; 116:17;117:22;119:13 live (26) 41:6;43:4;44:3,19, 21;46:22,22,23;47:1; 48:8;50:22;59:7;62:7; 69:7;74:7,13;75:4,19, 22;77:12;91:11; 108:11;113:16;121:22; 126:6;128:3 lived 41:4;47:5;55:14; 81:4;118:4 liver 129:16 lives 43:5,7;75:4;79:1; 121:7 living (10) Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (10) involved - living ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 43:5;61:13;70:8,19; 71:15;74:9,15;75:5,11; 76:16 load 57:8;58:8;60:11,20; 77:6 loads 52:5;60:13 local (11) 20:19;49:14;50:3; 51:4;52:4,9;55:8;92:6; 119:17;120:7;126:22 locally 91:10 located 51:11;81:16 location 16:13;87:7 locked 32:11 Locust 124:9 log 88:17 logical 106:15 long 29:17;47:8;50:6; 70:1;81:4;112:18; 116:13;122:17;130:1 look (11) 4:2;21:12;24:9;25:2, 12;56:1;90:3;119:9; 121:9,11,17 looked 25:6;36:10;84:15 looking 117:14 looming 99:6 lose 11:4,16 lot (38) 8:12;9:2;19:11; 29:17;32:11,13;54:7, 10,12,13;60:4;75:12; 76:13,13,14;82:20; 88:10;95:18;97:2;98:9, 16;100:21;102:19,23; 105:8;109:23;110:6; 111:5;113:13;116:1,2, 10,14,20,21;118:11,11; 120:2 lots 125:1,1 love 43:9 lower 9:17 lung 10:3 M ma'am 84:21 Madam 4:13 magnitude 13:2 Mahomet (50) 15:9;46:17;86:2,17; 87:16;88:1,6,17;89:6, 10,23;90:5,11,19;91:2, 23;92:5,17;93:18,20; 94:4,8;95:15;96:1,21; 97:6,12,23;98:4,18; 99:11,22;100:10,18; 101:15;102:16;103:20; 104:4,14;105:5,23; 106:14;108:12;109:18; 110:8;113:1,5,21; 114:14;116:9 main 88:1;97:5 mainly 52:16 major 32:21;48:23;50:9; 53:18;75:15,16;98:22 majority 117:17 makes 38:21;111:3 making 52:3;109:5 Management 32:18;109:4,7,22 manager 50:18 mandamus 17:20 maneuver 109:11 manufacturing 109:3 many (32) 29:4,4,12,12;36:14, 22;41:5,7;47:7;49:5; 52:7;56:9,22;57:7,8; 64:17;65:12;69:12,16; 70:6;78:19;79:8;97:11, 12;98:11,19,23;99:19; 105:3;120:1;122:8; 125:20 map 95:5;117:14 maps 84:14;87:3 Margaret 47:22;48:1,7 Marilea 106:23;107:2,8 M-A-R-I-L-E-A 107:9 market 12:5 markets 9:20 Mary 124:12;127:1 massive 37:15,16 master 108:17 material 24:20;63:6 materials 61:11;90:18 matter 68:7;117:10 matters 10:7;46:18 maximally 100:2 maximum 10:17 may (31) 10:4;11:18;24:20; 25:11;41:3;48:13; 56:22;60:12;62:9; 64:18,20;73:14;85:8; 86:8;88:9;89:7;90:13, 17;92:10;94:5,6;96:15; 97:8,8;104:21;106:4, 12;108:13;113:11; 115:23;128:11 maybe 75:4;81:19;100:7; 110:5;118:8;121:3 McFarland 23:7 McLean (40) 3:1;8:19,23;10:1,6,9; 11:17;13:5;15:3,6,12; 16:3;21:16;26:9;28:4, 19;30:14;31:14,17; 41:5,15;42:2;43:16; 44:4;47:9,11;48:17; 53:4;57:17;58:19;63:9; 64:3;66:19;76:15; 81:12;87:22;107:15; 117:17;119:10;125:12 mean (14) 18:7;22:16;30:5; 58:14;67:13;69:14; 78:20;81:21;82:17; 83:7;92:11;94:20; 100:15;103:19 meaningless 13:6 means 4:10;13:14;14:19; 15:13;95:1;96:22; 110:1 measure 29:2 mechanical 13:21 media 43:15;79:18 medical 74:4;83:17 medicine 83:18 medium 14:20,22;19:9 meet 62:19 meeting 36:6;58:3;73:20; 80:1;89:21 meetings 93:19;107:12 member 4:6,12;5:11,15 members (16) 3:16;15:17;44:12; 53:7;62:14;66:1;72:2; 78:1;107:18;110:11; 122:4;126:8,9;127:15; 130:6;131:12 memo 87:11 mention 3:18;86:11;95:4 mentioned 16:18;94:16,19; 104:14;118:13;130:13 Meredith 61:20,23;62:6 merits 111:11 met 42:21 metal 9:20 methane 34:1;48:23;49:3; 76:23;77:1;118:23; 121:15 methods 52:14;55:4;66:22 microphone 78:4 middle 116:6;119:21 midpoint 113:1 might (14) 60:22;69:10;72:9; 75:7;76:22;90:18; 96:20;102:15;105:21; 106:16;110:17;112:10; 113:4,4 migrations 64:21 Mike 7:11;22:22;108:2,4, 10 mile 14:6;79:2 miles (12) 41:6;45:1;46:23; 47:5;48:12,12;69:9; 88:2;113:1;114:5,8,9 million 33:2 Minard (31) 10:10;11:9,13,15,20; 14:17;15:6;21:9;41:18; 43:11,17,19;48:19,20; 49:7,11,17;50:1,1,7,10, 17;51:3;52:8;53:3; 58:5,10,17;109:20,23; 110:21 mind 10:19;13:10;24:3; 91:5;103:7 mindset 38:23 Mine 17:11;38:6;123:10 Minerals 17:12 minimal 71:14 minimum 83:5 mining 17:21 minister 124:11 Minnesota 123:11 minute 6:15;72:10 minutes 6:2,5;13:17;72:11 misery 65:2 misleading 11:21;13:3 mismanagement 27:23 misspeak 112:5 mistakes 112:17 misunderstand 100:7 mitigate 63:16 mix 129:8 mixed 42:12;50:13 Mixing 42:6;54:20 mobility 63:19 modeling 100:23 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (11) load - modeling ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 modification 31:9 modus 32:5 moment 101:21 money 34:3;93:15;109:6; 110:5;118:7 monitor 49:2,12;51:4 moral 49:5 morals 48:17 more (40) 12:6;15:7;19:5;25:9, 10;32:13;35:3;37:5,6, 20;39:22;47:16;60:2; 61:16;65:15;68:15; 75:22;76:14;81:20; 84:17;86:10,13,13; 88:1;94:11;98:16; 104:10;105:2,6; 106:11,17;111:11; 113:11;116:2;120:19; 121:16;125:14;126:4; 129:7,22 Morton 94:3 most 9:15;16:11;17:8; 32:3;38:18;41:9;42:3; 119:14,15 mostly 88:7 mouth 81:22 move 95:23;98:11;99:20; 126:14,16 movement 22:16;87:6;91:3,4; 96:19;97:9;98:13 moving 101:2;103:23; 104:19;126:17 mowing 74:18 much (21) 26:19;35:2;37:20; 39:11;57:11,11;61:14; 78:7;91:7,18,19;92:10, 15;100:20;103:7,17; 104:8;109:6;111:23; 118:15;126:3 mud 71:19 multiple 125:12;129:18 multiplied 8:2 multiplier 64:15 municipalities 16:14 must 42:18;44:1;71:21; 104:22;119:3 myself 43:3;70:8;75:10; 92:9 N name (33) 6:21;7:14;14:8; 39:14;40:6,16;41:1; 48:5,6,7;62:4,5;69:4,5, 7;72:23;73:1;85:14,15, 16;107:6,7,7,8,9;108:8, 9,10,10;115:11,19; 123:12;128:2 namely 8:15 names 55:2,3 nasty 8:5 nation 63:23;66:14 nationally 99:16 native 63:21 Natural 46:2;91:8 naturally 67:23 near 32:21;50:23;62:7,8, 18;70:8,19;86:3 nearby 10:22;14:2,7;63:4; 119:4 nearly 100:5 necessarily 28:12;29:12;81:22 necessary 20:7;49:23 need 4:6;5:14;6:6,15; 56:4;60:1;64:6;65:17; 126:23 needed 87:1;101:12 needful 61:15 needs 66:15;89:22 negative 51:1;52:18 negotiated 58:16 neighbor 74:12;75:4,8;78:23 neighboring 42:15,19;43:6,20 neighbors 43:16,18;69:14; 78:19;129:3 neighbor's 129:10 Neither 43:11 Nelson 48:22;71:22;94:18; 95:3;112:22;114:1,3 Nelson's 105:22;114:12 nervous 73:18 nether 16:15,15 new (20) 7:23;14:18;18:10,14; 41:21;62:17,19,22; 64:9;65:11,18,19;66:5, 22;67:14;68:5;73:17; 110:23;112:7,8 newly 64:4 news 74:19 newspaper 75:1 next 74:9;75:8;76:8,19; 84:22;85:20 NGO's 100:1 nice 82:18;120:15 night (20) 5:20;45:3;81:14; 82:3;86:14;94:15,18; 95:14;97:11,15; 107:13;109:17;118:13; 122:2;124:13;130:17, 18,23;131:18,20 118:18 nights 53:21 nine 35:16;72:11 nobody 93:14 noise 70:22 none 29:22 non-supervisory 17:4 nor 8:16;43:11 Normal (11) 62:7,7;69:8,8;85:18; 86:1;94:8;101:18; 107:10;108:12;125:13 normally 118:9 North (11) 40:22;48:8;73:3,7, 10;80:6,9,9;87:21; 115:21;117:13 northeast 90:13 northern 65:14 northwards 63:19 note 89:3 noted 5:23 notes 99:21 notice 79:21 notification 74:17 Number (20) 3:17;5:20,23;9:4; 12:16;24:9,16;28:2; 29:9;35:11;36:18; 39:17;51:22;79:6; 87:16;99:6;100:9; 128:3;130:19;131:4 numbering's 10:4 numbers 12:3;36:9;57:5,6; 64:20 numerous 52:1,4 O oath 6:20;40:14;48:3; 72:21;107:4;108:6; 115:17;124:7;128:10 object 94:9 objection 68:2 objections 68:2 objectors (13) 5:21;40:2;47:19; 61:19;68:18;72:7; 84:19;106:20;107:23; 115:4;124:1;127:19; 130:11 obligated 58:11 obligations 36:6 observation 47:12 observations 45:21 obtain 46:6 obtained 24:20 obtains 88:13 obviously (11) 5:12;74:21;75:1; 82:18;83:17;105:16; 116:3,9;119:14; 126:18;130:4 occur 41:16;76:2,3,4;88:6, 9;89:6,7 occurred 94:8 occurring 74:18 occurs 88:1 o'clock 131:19,20 October 3:20;64:11;80:2; 107:12 oddity 119:6 off 63:2;75:14;85:3; 118:23;121:16 offended 44:16 offer 92:10 offering 93:15 office 79:21 officials 103:16 often 60:17;69:13;95:9; 101:12;102:23 OG10 31:8 Ogallala 99:18 Ohio 36:19;37:3;51:21 Oil (136) 8:15;9:1,5,6,11,15, 21;10:8,14;11:2,16,22, 23;12:1,5,18,20;13:7; 14:15;15:8;18:1,7,10, 13;20:4,10;21:13;24:1, 3;28:6;30:11;31:7; 32:2,8,11;33:9,18; 34:18;38:3,19,20;39:2, 7;41:10,11,14,18,23; 43:10,12,17,19;44:9; 48:19,20;49:7,11,17, Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (12) modification - Oil ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 18;50:1,2,7,10,17;51:3, 6,9,18,20,23;52:1,3,8, 10,13,15,19;53:3; 54:18;55:9,10,12,15, 18,19;56:18;57:1,9; 62:18,19,22;64:9; 65:14,17;66:5,9;71:7; 73:6,8;74:8,20;75:7,12, 14;76:8,19,22;77:6; 79:5;86:17;87:23; 88:21,22;90:15;91:4,8; 95:16,22;96:21;97:4; 107:16;110:6;115:22; 116:2;119:4,11;120:1, 7,21,21,23;123:10; 126:12;128:14,19; 129:8 old 33:18;118:14 Once 11:15;13:12;15:19; 31:1;92:13;128:15 one (59) 3:18,23;7:12,20; 9:14;12:20;13:23; 15:13;21:11;32:1,21; 33:3;35:2,21;36:13; 39:17,21;48:21;57:22; 59:21;60:19;61:11; 63:12;65:11;70:9,12, 12,19;74:12,15;75:3, 18;77:13;78:23;88:9; 90:2,2;93:3;95:1,19; 99:15,21;100:17; 101:5;102:7,10; 107:12,12,13;110:14; 111:20;117:14;118:17; 120:16,23;130:3,14,20; 131:11 ones 65:11;111:20;119:9 one's 118:16;129:18 on-line 93:10 only (16) 5:22;12:4;13:11; 15:11,13;28:23;41:6; 47:5;54:22;61:1;88:8; 108:23;110:8;114:5; 116:4;117:23 onto 131:4 oops 119:3 open 11:17;65:17;68:5 opening 65:11;66:22 operandi 32:5 operate 41:22,23;59:18,20 operation 19:5;38:13;63:3; 74:16;75:11;86:20 operations 12:19;21:14;35:5; 43:21 operator 28:1 operators 28:2;69:13 opinion (10) 35:19,20,23;36:8; 50:14;105:22;106:1,2; 113:6,8 opinions 24:12;46:19,21; 113:2 opportunity 62:12;94:20 oppose 115:9 opposing 4:9;65:10;68:13 optimal 67:9 options 21:11 Orange 108:20,22,23 ordained 124:10 order 3:2;6:10;10:11;25:7; 46:6;92:2;100:22; 123:3;127:1 Ordinance 28:19 ordinances 16:9 originated 98:8 O'Rourke 42:5,14 O'Rourkes 43:11;123:8,15 O'Rourke's 9:22;43:6 orphaned 33:22 others 7:3,13;45:22;63:11; 64:2;87:9;106:8;127:1 otherwise 45:11,15;67:22 ourselves 64:6;67:5;91:10 out (31) 4:16;7:12,13;8:1,6,9; 11:5;34:3;36:22;38:20; 42:4,8;43:9,13;54:16; 60:9;61:4;62:11;75:5; 77:3;89:19;93:2;95:8; 96:14;97:19;98:5; 108:18;110:23;117:18; 119:23;127:12 outdated 52:11 outside 44:21 over (22) 8:2;9:18;11:16; 16:12;18:5;19:4;29:21; 30:3;34:4,18;52:4; 57:9,18;60:20;66:21; 83:6;86:12;88:9;93:3; 108:12;112:13;118:4 overload 52:5;60:14 overseen 48:19 oversight 17:21 oversimplification 95:17 overuse 99:17 overview 98:6 own (12) 11:5;28:21;35:9; 41:20;45:20;46:19; 54:4;101:16;104:11; 121:6;125:23;126:23 owned 110:1;123:11 owners 109:8 P PA 19:2 Page 4:1,2;10:3,4,18;13:8; 14:11;35:9 paid 58:10 Pantagraph 41:19;79:23,23 paper 13:13;17:13;58:1 papers 57:2;111:17 paragraph 87:18;89:3 parameters 87:5 parcel 57:19 parcels 81:17 Pardon 29:7 parks 32:21 part (20) 7:22;8:15,15;9:2,4; 10:21;26:10;34:7,23; 37:13;44:1;86:2,3; 87:18;94:19;95:6,12; 101:21;102:5;126:8 partake 110:6 particular (12) 24:2;25:4,22;31:12; 37:8;38:6,7;89:19; 96:17;104:21;126:18; 127:4 Particularly 34:14;84:6;86:10; 91:11;98:21 particulars 8:12 parties (12) 5:21;47:19;61:19; 68:17;72:7;84:19; 106:20;107:22;108:16; 115:3;124:1;130:11 partners 101:9 parts 97:19;124:14 party 5:8;40:2;127:19 pass 7:12,13;56:22;115:9 passed 123:13 passing 22:20 past 47:4;93:18 patch 43:8 path 44:9 pathogens 63:20 pathway 95:21 pattern 91:3 patterns 63:20;87:6 Paula 3:21 pay 11:5;14:12;41:16; 60:20;121:6 Paying 52:5 payment 58:5 PCUSA 125:6 peaceful 117:20 peer 94:21;95:2,6 pending 99:6 20:22;41:20;55:16; 109:20 Pentagon 64:12 people (29) 4:7,10;11:4;14:2; 28:6;32:23;33:3;45:7, 7;47:13;54:1;58:17; 61:1,10;64:21;65:12; 76:13;78:21;84:6; 86:13;95:9;98:19; 105:3,7;109:20; 112:20;117:4;119:17; 126:4 People's 7:18 per 12:1,2,4,5,7;19:6; 34:11;35:12;57:3 percent 18:5;41:14;42:16; 91:21 percentage 35:3 perfect 112:17 perfectly 5:17 performance 33:8 perfume 130:1 perhaps 45:21;55:1;56:19; 92:1;93:16;105:18,20 perils 125:22 permeability 96:12;97:7 permission 113:22 permit (59) 4:9;7:23;8:13;15:15; 19:21;20:16;21:13; 22:4;25:3,3,8,19,22,23; 26:3,5,6,9,11,18;28:13, 16,18;30:3,5;31:1,1,6, 7,14,18;33:6;35:2; 42:22,22;44:10;46:3,6; 53:3;57:14,15,20;58:4; 59:19;60:14;62:17,21; 70:14,15;71:4;107:17; 110:20;111:18;112:8; 119:15;122:15;129:2, 5;130:5 permits 11:14;17:15;56:11 permitted 13:9;30:14;70:17 permitting Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (13) old - permitting ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 16:13 person 76:16;91:20 personal 24:18;45:10,20; 46:20;81:16;104:11; 129:13 personally 27:16;102:8 perspective 94:13 pesticides 129:15,16 petitioned 56:15 petroleum 75:15;77:2;84:4; 119:1 Phil 131:9 phonetic 36:2;124:12 physically 78:21 physician 84:2 physicist 69:18,19 physics 70:4 pick 90:7;117:11,12,13 picture 52:3 pictures 27:17,18;37:23;38:2 piece 87:10 pipe 9:7,18,19 Pipeline 65:13 pit 9:8;37:22 pits 34:17;37:21,23;38:3, 4 place (10) 34:18;41:23;45:5; 50:2;57:6;59:17;61:11; 76:1;82:9;117:20 placed 10:10;17:22 places 5:11;63:11;98:12 plain 112:23 plan 50:2,20;98:6;120:15; 121:18,19 plane 130:22;131:1 planet 126:2 planned 49:8 planning 50:5,10,16,21 plans 49:2,11,17;51:3; 104:5 plant 63:20 plants 65:10 plays 24:5 please (18) 3:2;6:17,22;15:14; 40:11;41:1;47:23;48:5; 62:5;69:5;72:18;73:1; 85:15;107:1;108:3; 115:14,19;128:6 plenty 28:5 plug 34:4,13 plugging 33:21 plumes 101:2 pm 131:22 pockets 11:5;18:12 point 21:19;67:13;72:12; 76:5;85:2;90:7;106:8; 107:14;112:9 pointed 96:14 pointing 97:19 poison 44:6 poisonous 9:21 Policy 124:19;125:3 political 67:3 politics 67:4,4 pollinators 63:22 pollutant 102:15 pollute 44:6 polluting 41:12 pollution 11:11;45:12;63:2; 70:22;77:16 poor 8:5 population 92:20;104:6 Porter 124:4,5,8,8;127:20 P-O-R-T-E-R 124:9 portion 97:5 pose 49:15 posed 63:9 poses 50:5 position (11) 32:12;33:2;37:6; 73:21;92:9;94:10; 100:8;124:17;125:16, 21;126:12 positions 124:23;129:10 positive 34:7 positively 93:22 possibility 12:9;31:23;109:16; 114:4;121:3 possible 49:8;63:5;82:4; 100:11;109:6 possibly 56:5;102:16 post 33:7;46:7 posted 34:21;60:11,12 potential (10) 49:10;50:23;77:7; 89:8,22;102:2,4,12; 106:13;130:14 potentially 12:11;49:4,18;74:10; 77:21 potholes 118:5 pound 57:7 pounds 58:8;60:11 power 65:10;124:18 practice 16:10;32:22;74:5; 81:10 practicing 83:18 prairie 9:22 praying 127:10 precautions 51:19 preceding 73:23 precious 128:15 predict 28:23;92:3 preemption 16:2,8 prefer 85:7 preferentially 97:1 preferred 6:12 preindustrial 125:19 prejudiced 69:12 Presbyterian 124:11,17,21;125:11 presence 125:11 present 14:1;27:4;46:13; 70:8;99:7 presentation 82:8;97:10,14,17; 106:6 presented 54:5;82:1;105:16 presenters 69:11 president 41:18 press 112:1 pretend 67:18 pretty 54:17;60:8;100:20; 108:16 prevent 88:23;99:14 preventative 99:14 preventer 51:18 preventing 52:22 previous 69:11;71:1;104:15 price 41:16 prices 32:13 primary 35:10;59:13 prime 65:18 prior 58:7;123:16 privately 110:1 proactive 100:2,4 probably (18) 25:1;27:8;31:20; 45:1;48:12;55:6;77:9; 79:6,6;93:21;100:19; 112:1;116:4,7,11; 117:15;118:2;119:16 problem (14) 10:2;15:2;27:19; 37:6,7;38:18,22;52:10; 66:13,18;76:2;101:19, 20;125:23 problems 13:19,21;36:14; 41:16;43:20;51:7; 67:19;68:12;130:4 procedure 6:1;28:7;30:14 procedures 19:10;76:1 proceed 26:13;27:1;41:3; 48:14;62:10;73:14; 108:13;115:23;128:11 proceedings 72:12,14;85:2,4 process (17) 4:9;19:17;20:2;24:8; 25:6,15;30:1;53:14; 58:7;63:7;77:14; 110:19,20;112:7,13; 113:21;127:11 processes 24:1;75:13,23 produce 12:13 produced 63:2,13 producer 34:10 producing 55:10,13;65:16; 76:20 production 9:1;11:22;12:23; 18:5;78:18 productive 12:18;17:8;42:3; 121:16 products 61:11;77:2 profess 116:17;120:5 profession 116:18 professional 46:15 professionals 99:23 Professor 7:15;23:19 profile Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (14) person - profile ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 99:4 profits 43:23;110:7 program 82:23 prohibitively 92:14 project (10) 25:4;28:22;37:9; 38:7;47:3;48:11;59:16; 85:20;86:4;104:21 projection 102:4,6 projections 65:5 projects 101:13;102:2,11 pronounce 115:11 proper 71:21 properly 113:11 properties 42:15;43:21 property (30) 28:14;42:5,14;43:1, 2,6;70:16,18,23;75:7, 19,20,22;76:7,7,9,9,19; 77:16;80:7,14,17,19; 117:11,16;120:22; 122:8;123:7,9,15 proposal 79:18;126:18,20 proposed (15) 31:5,12;41:6;42:20; 44:23;53:19;66:10; 70:9,15,20;73:8,11; 74:8;79:13;105:20 protect 15:3,12;38:15;51:17; 129:3,12 protected 44:2 protecting 39:3;48:16 Protection 7:9;15:13;27:22; 28:15;36:4;50:8;110:9; 120:8 protections 8:19;37:12 protective 100:2;102:8;103:18; 105:5 protects 37:13 prove 28:6;51:8;120:10,13 provide 8:18;50:15;51:8,16; 76:5;82:9;95:4;100:23 provided 28:11;50:1;86:9; 89:17;91:14 provides 28:4;58:18 providing 93:7 provisions 17:18;38:15,17 proximity 7:3;48:10;73:5; 85:19;86:4 public (11) 6:3;39:3,4;48:18; 56:11;58:14;63:1; 103:15,16;106:6; 111:10 publication 89:19;95:7 publications 24:10;87:16 publicly 93:12 pull 7:23;8:6 pulmonologist 81:7 pulmonology 74:5 pumped 12:20;75:14 pumping 71:9;119:9,12 pumps 77:2 purchased 75:7 purposes 59:14;70:17 pushing 68:5,6 put (15) 5:11;21:1,7;33:19; 38:3;50:2;60:7;62:17; 67:15;76:18;81:21; 98:5;120:21;128:19; 129:9 puts 103:15 Q qualifies 6:4 qualify 6:5 quality 42:19;47:10;99:9; 100:14;118:10,21 quantity 55:18;102:15 quickly 87:17;120:23 quiet 117:20 quite (13) 10:6;19:13;34:15; 55:5;58:12;59:10; 60:17;69:19;90:2;92:1; 118:16,19;123:12 quorum 3:17 quote (11) 4:7;7:21,22;8:5,5,8; 31:3;64:15;65:7;90:8; 122:20 R radar 55:3 radical 126:6 radioactive 9:15,19;10:2;49:9,10 Radioactivity 9:4,6,16;46:17; 71:19;72:1;102:21 radium 10:7,16 radon 9:23;10:5;46:17; 84:4 rain 42:9,9 raise (11) 6:16;40:11;43:7; 44:4;47:22;72:17;85:6; 107:1;108:3;115:14; 128:5 raised 48:9 ramifications 77:10 Range 87:21 rapidly 18:5 rate 87:6;95:21 Rather 12:4,11;13:13;22:20; 27:15;56:4;71:23;89:2; 100:4 Ratsenberger 36:2 Rau (22) 6:11,13,18,23,23;7:7, 14;13:17,18;18:18; 22:12,14,18;23:2,6,15, 18;37:5;40:3,3,4; 130:22 Rau's 22:20 reach 32:7 reached 46:14;125:3 reactive 100:4 reactivity 100:5 read (12) 27:15;35:9;45:21; 58:1;69:21;79:22; 87:17;91:16;92:17; 93:9;102:17;111:17 reading 70:3;104:12,16 real 39:5;62:19 reality 64:10 realize 105:2 really (27) 3:22;6:7;10:6;19:13, 18;38:14;40:10;41:22; 53:16;56:2,4;61:14; 74:10;75:16;90:22; 91:7;95:18;96:13; 100:20;101:3;103:7, 19;105:8;119:5,22; 123:1;129:4 reason 10:13;14:3;32:5; 43:3;48:11;60:14; 63:22;64:15;97:16 reasonable 69:21 reasons 8:11;9:13;32:2; 39:11;65:11;75:4 rebuttal 82:8;113:11;131:4, 16 recall 81:18;94:17 receive 62:20;79:20;101:16; 122:14 received 8:13;18:2,3 receives 8:22 receiving 111:23 recent 52:18 recently 55:22 recess 72:13 recognizing 126:12 recommend 14:12;15:14;20:6,15; 130:4 recommended 10:19 reconvene 72:11 record 3:19;4:14;7:8;28:23; 48:6;82:13;85:3 records 25:10;33:17;88:21 recover 22:22 recovered 63:7 recovery 12:19;65:14 reduce 63:15 refer 44:16 reference 14:10 references 14:11;24:9 referred 96:8,18 referring 124:16 refile 31:8 refuse 62:17 regarding 3:19;45:7;94:3,8; 105:9 regardless 95:7 region 41:20;88:6;89:6,7; 92:1 regrets 109:21 regular 71:8,16;76:16 regulated 111:22 regulation 17:23;52:15,16 regulations 18:19;22:6;37:16; 41:20;52:11;109:11 Regulatory (10) 14:19;15:5;16:11; 17:9,21;19:1;33:19; 34:6;35:21;39:5 reinforce 90:21 reject 44:9 relate 23:23 related 68:3,4;91:15 relates 83:19 relating Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (15) profits - relating ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 46:16 relation 47:2 relationship 95:14 released 49:4;50:11;63:3; 64:12 releases 49:9 releasing 48:21 relevance 97:2 relevant 7:6;74:3;87:19; 126:11 relied 24:16 relief 88:19 remains 20:20;65:6 remedy 76:2 remember 71:22;89:12;90:2 remote 59:10;100:13 removed 83:22 rendered 11:1;27:10 rendering 62:15 repaired 60:1 repent 126:15 report 12:3;17:2;64:12; 88:3,3,18;89:12;93:9 reported 98:15 Reporter 3:22;4:19;90:1 reports 10:19 represent 15:7 represents 14:1 Republicans 67:7 request 16:4,5;70:14;71:3; 131:12 requesting 21:14,15;28:7; 112:12 requests 16:6 require 9:5;10:22;36:19 required 19:8,16;20:1,10,16; 37:22;42:21;62:20 requirement 33:7;57:15;83:5 requirements 33:9 requires 32:16 requiring 17:18 research 64:7;98:16;100:16 researched 98:3 researchers 87:4 reserve 102:9 reserves 18:10 Reservoirs 89:23 reside 73:7 residence 82:11;83:11,22 residences 59:12 resident 43:2;47:8;76:15; 86:1;116:5;120:11 residential 63:4 residents (12) 8:19;9:2;10:22;15:3; 41:15;42:19;43:6; 47:11;78:21;79:4;92:6; 101:18 resolve 4:20 resolved 16:2 resource 86:5;100:4;103:19; 105:6 Resources (14) 33:1;46:3;65:1; 86:12;87:21;89:4;91:8; 92:11,16;99:3,16; 100:21;102:13;126:2 respect 7:21;20:19;21:4; 39:10;43:17;106:4 respected 20:21 respiratory 74:4;84:2 respond 70:9;93:22 response 52:8 responsibilities 36:7;37:2;127:12 responsibility 126:9 responsible 16:12;36:15 responsibly 42:1 rest 43:14;116:8 restate 6:2 restrict 22:8,9 restriction 30:10 restrictions 21:2,5,7;26:12; 28:13;31:11 result 11:2;17:17;43:21; 126:3 results 83:1 resurvey 18:13 revenue 8:23;9:1 review 13:14;17:13;94:21; 95:2,7 reviews 17:14 revive 18:9 revoked 17:16 rewards 8:22 rich 9:22;42:6 riches 109:7 richest 26:21;128:19,23 ridiculous 128:21 rig 51:14;57:10;74:20; 76:8,22 right (34) 6:16;20:14;21:13,21; 22:2;23:6,20;28:9; 40:11;43:20;45:10; 46:5;47:23;58:1;65:16; 72:18;77:5;79:4;82:2; 85:6;93:7;107:1;108:3; 113:15;115:11,12,13, 14;116:6;118:9; 119:21;120:2;128:6,17 rightfully 112:1 rights 26:12 ripped 60:1,7;61:1 risk (35) 41:12;49:5,11;50:9; 52:20;63:3,5;64:14; 77:14,14,15,16,17,19; 86:18;87:2;91:2;92:10, 15;95:20,23;100:13; 102:4,7;103:8,9,11,14, 18;104:7,12;109:22; 117:9;121:2;129:9 risks 8:21;9:2;12:9;41:11; 49:16;50:5,16;63:9; 77:15 river 42:11;51:21 road (19) 9:11;12:23;40:17,21; 57:16,17,19;59:16,20; 60:15,21,22,23;73:3; 115:21;117:21;118:12, 19;119:2 Roadcap 87:13,13;89:3,20; 90:15;93:11;101:10; 106:9 Roadcap's 90:8 roads (23) 9:11;12:7;49:22; 52:4;56:20,21;58:6,10, 23;59:9,23;60:6,9,12, 17;61:1,2,6,8,10,14,15; 118:7 rock 49:10;50:18;54:15 role 3:3;124:10 Ron 40:7,8,12,17;44:17; 47:20 room 7:11;39:18,19,21; 74:10;131:20 room's 105:12 rosey 121:17 roster 94:7 roughly 12:14 rubber 17:14 rudimentary 37:12,21 RUDOLPH (88) 3:1,8,9,16;4:23;5:3, 10,14,18;6:15,21;7:2; 15:16;16:17;18:15; 23:13;40:1,5,9,15; 41:3;44:11;47:18,22; 48:4,13;53:6;61:18; 62:3,9;65:23;68:17; 69:3;72:2,6,9,15,17,22; 73:14;78:1,4;79:16; 80:22;84:18,22;85:5,9, 13;92:22;94:16;96:3; 106:19,23;107:5,18,22; 108:7,13;110:3,11; 113:7,9,13,17;115:3,7, 10,13,18,23;122:4,7; 123:5,20,23;124:4; 127:14,18;128:1,5,11; 130:6,10,13;131:2,11, 17 rule 16:14 rules 8:18;19:15;52:13; 109:11;113:16 Run (26) 10:10,15;11:9,13,15, 23;15:6;21:9;41:18; 43:11,17,19;48:19,20; 49:7,11,17;50:1,2,7,10, 17;51:3;52:8;53:3; 82:20 runs 35:14;42:10 Run's 11:20 rural 41:5;43:2;47:8,10; 75:5,19;125:14 S safe 41:14;42:11,17;68:7; 129:4 safeguards 45:8 safest 68:12 safety 48:16;49:19;50:5,9, 16;52:6;60:23;62:23; 65:20 salaries 109:7 salt 13:6,11,14,20;21:14; 51:23;102:21 same (12) 9:11;10:4;12:10; 21:21;36:11;38:22; 39:11;69:23;85:21; 93:23;104:15;113:16 sanctions 8:17 sand 88:13,14,16;89:1; 114:11 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (16) relation - sand ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 sands 88:8 sandy 90:19 sank 116:12 satisfactory 58:19 saw 64:19;97:10 saying 21:8,9;62:12;67:13; 69:22;89:4;103:12; 128:13 scale 35:1;64:21;101:12; 103:21,22 scanned 120:18 scheme 126:19 school 83:18;108:18 Schroeer (12) 61:20,22,23;62:6,11; 66:4;68:20,22,23;69:6, 7;72:8 S-C-H-R-O-E-E-R 62:6;69:7 Schroeer's 129:1 science 55:23;108:17 sciences 55:23 scientists 65:4;104:17;125:20 score 42:4 Scott 73:2 scrap 9:20 screen 96:14 scrutiny 18:2 Second 8:21;11:11;57:10; 73:16;85:1;91:18 secondhand 25:17 Secondly 71:17 secrecy 32:15,16 Secretary 3:3;64:11;65:3 secretive 32:3 Section 9:8,10;28:18,18; 87:21;88:2,8,11;89:16 secure 25:8;30:3;121:14 secured 46:2 security 58:19;64:14 sediment 97:6 sediments 88:8;95:15;96:13,15 seed 41:8;65:2 seeing 27:18 seek 31:2,17 seeking 26:8;56:4;113:21 seem 57:6;100:8;104:21 seemed 95:16 seems 50:21;51:5;102:19; 105:6 seldom 25:18 semis 117:22,23;118:3,11 semi-trailer 52:3 send 23:10;32:23 sense 24:11;38:20,21; 58:15;62:19;86:18; 96:10;100:20;105:19 sensitivity 129:19 sent 16:3;87:11;108:19 separate 57:17 separation 83:11 September 87:12 series 28:13;31:9 serious 11:21;41:16;50:5 seriously 125:22 servant 39:3 service 62:14;127:13 set 8:18;67:8;121:1 setting 75:5 seven 35:16;42:20;51:16; 62:20;131:18,20 Seventy-five 80:20 several 19:20;24:21;52:2; 59:12;69:9;75:2;96:11; 129:18 shale 18:11 shallow 13:7;14:15;63:4; 86:16;92:6;96:1;97:7 share 4:17;85:21;104:15; 124:15;126:3;127:2 shared 56:9;85:22 sharing 8:23 shift 39:1 shoes 76:18 short 8:5;14:14;43:23; 72:13;87:17 show 4:9 shown 95:14;116:5,19 shows 11:6;13:9;90:3 shut 65:9 sides 78:13 signed 6:10,11;130:14 significant 13:23;27:13;29:5,10; 74:16;75:3,9;77:11; 125:11 significantly 12:16 similar 58:20 simplicity 95:13 simply 4:16;15:8;36:5;37:1; 44:5 single 104:21 sit 118:18 site (27) 9:7;13:13,16;17:3,6; 35:13,22;36:16,20; 37:11;41:6;42:20; 44:23;47:3;50:17,23; 51:7;56:22;59:3;73:11; 83:12;90:14,14,15; 95:8;98:6;125:6 sites 34:16 sitting 120:12 situation 12:10;18:1,22;26:7; 28:4;119:20 Six 3:16;81:6;112:23; 114:5,8,9 skill 38:21 slavery 39:11 sleep 122:1 sliding 35:1 sludge 9:8 slurry 50:13;54:20 small 71:23;90:12;103:21; 116:11 smallest 52:20 smell 77:1;119:1,3,3;130:1 smog 11:11 so-called 17:12;126:1 social 126:10 society 67:10,10 sociologist 24:5;32:2 Sociology 7:15;23:19 soil (12) 9:9,22;27:5,7,8,11, 12;41:13;42:4,6;44:6; 63:5 soils 34:14 solar 64:1 sold 123:14,15 sole 94:3;103:23 solidarity 127:5,9 solve 99:6 someone 39:2;70:8 sometimes 98:7 somewhat 58:20;67:3;106:10 somewhere 12:13;17:5;35:14,15 sorry 20:8;73:9;123:5 sort 32:15;54:10;83:21; 86:23 sought 60:15;66:10 sounds 111:1;112:16;114:4, 22;116:20;121:13 source (12) 35:6,8,10;56:1;94:3; 98:18,22;100:6;101:2, 16;103:23;126:13 sources 24:10,11;56:4;64:1, 7;65:20,22;67:16; 104:9 south 51:11,12;80:10,12, 13;85:18;107:10 southern 9:14,17;11:3;17:19; 27:9;34:16;55:19; 80:19;119:2 southwest 88:2;90:13;117:12, 16,18 speak 79:1;84:1;93:4 speakers 71:1 speaking 124:10 special (36) 19:16;20:2,11,16; 22:4;26:8,11,18;28:3,7, 13,16,18;31:5,13,18; 42:21,22;53:3;57:14; 58:4;59:19;62:17,21; 68:1;70:14,15;71:4; 107:17;110:20;111:18; 112:8;119:15;120:6; 122:14;131:12 specialize 74:4 specialty 74:2 specific 95:18;112:11 specifically 28:5;81:19;124:16 speculated 90:16 spell 40:23;48:6;62:4; 69:4;72:23;85:14; 107:6,7;108:8 spill 50:3;51:20;77:5 spills Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (17) sands - spills ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 49:15;52:1 spoken 46:16;76:14 spot 98:14 spread 9:22;64:19 spreading 63:6 spun 8:9 St 81:13 staff (26) 15:4;16:18;17:2,3,4, 6,6,9;18:16;23:14; 35:14;38:16,18;44:12; 53:8;66:1;72:3;80:22; 87:12;96:4;107:19; 110:12;112:4;123:21; 127:15;130:7 staffing 29:19;35:10;36:7,23; 37:7,18 stage 19:6 stamp 17:14 stand 4:8 standard 16:10;42:20;62:19; 125:19 standards 31:5;37:3;42:21; 53:5;62:20;70:12 standpoint 104:13 start 14:8;34:10;39:21; 62:11;112:6,13 started 71:11 starting 58:7 state (48) 6:21;7:16;8:22;9:1; 15:3,20,20;16:1,8; 17:20;18:19;19:21; 20:1,13,18;21:13; 29:23;31:2;33:7,8; 34:5;35:5;37:22;38:2; 40:16;48:5,10;52:9; 55:7,11,13;56:14;62:4; 69:4,16;72:23;85:14; 87:14;88:4;98:11; 101:6,8;104:3;107:6; 108:8;115:19;119:18, 23 stated 5:22;6:1;15:19; 41:18;60:3;117:9; 125:20 statement 5:23;13:6;55:21; 67:3 statements 11:21;13:4;93:8 States (12) 9:16;13:4;16:11; 20:22;26:21;27:6;32:4; 42:22;52:2;64:14; 90:10;126:14 status 25:1;27:20 statute 46:9 statutory 36:6;38:15 stay 42:14;129:23;130:18 steel 51:23 step 43:19;64:9 sterilized 27:9 sterilizes 27:7 Steve 14:9,12 Steve's 14:9 Stewardship 7:20 still (14) 10:4;14:23;16:9; 64:5,7;68:7,13;71:14, 23;95:9;101:11; 104:17;118:23;123:13 stipulation 71:18 stipulations 28:18;71:5;120:7 stock 110:2,4 stop 65:13;71:10 stopped 71:20 storage 51:23 stores 129:23 story 14:9 strand 8:6 stranded 8:4 strands 8:1 Strata 32:9 Stream 10:15 stressed 91:11 stripped 17:20 strong 7:19;32:14;129:19 strongly 14:12;47:9;107:16 studied 27:6;98:15 studies 91:14,17,23;101:7 study 100:21,22;125:1 stuff 60:12;93:5;101:3 SU1405 3:18 subject 24:1;46:16;58:3; 67:5;70:6;76:15; 110:14 submit 6:14;7:8;46:7;91:22 submitted 10:12,13 subsequent 89:14 subsidiary 51:21 substantially 43:1;70:18 sub-surface 106:16 sudden 120:12,13 suffering 126:4 sufficient 90:23 suggest 14:14;91:5;103:11 suggesting 26:23;105:18 suggestions 129:1 sum 11:17 summary 23:4 summers 41:7;47:8 Sunshine 128:3 SUP 11:20 superintendent 58:17 supervision 30:19;55:8;56:17 supervisor 60:15 supplemental 15:14 supply 109:19;110:9; 112:19;117:5;118:7 support 128:17 Sure (24) 4:13;5:16;29:2;34:9; 38:16;40:6;42:16;43:5; 46:11;47:15,15;54:8; 55:2;56:10;85:9;97:18; 105:10;111:13,14; 113:12;116:2;119:10; 122:6;129:8 surface 10:8;51:17;88:19; 89:23;90:4 surprising 102:23 surrounded 43:10;51:6;78:11,13; 115:21 Survey 87:14;88:4;89:16; 101:8 susceptible 129:20 suspect 93:23 swear 6:16 sworn (10) 6:20;40:14;48:3; 61:21;72:21;107:4; 108:6;115:17;124:7; 128:10 sync 53:4 system 59:16;129:17 systematic 17:23 T Table 10:3;13:8;14:20,23 talk 95:4;116:13;130:21; 131:13,14 talked 56:19;93:11 talking (19) 27:14;34:12;57:3; 74:11,13;75:2;86:6,18; 100:11;102:1,18; 105:7;109:15;112:9, 11;114:5,10;120:20; 123:9 tank 9:7,9,18,20 tanker 56:23 tanks 34:17;50:12;51:14, 21,23 task 120:11 taught 69:19 taxes 8:16 taxpayer 76:16 teaching 70:4 technical (10) 21:17,23;24:7;38:21; 68:3;87:16;89:2;91:14; 96:18;103:16 technicians 46:15 technology 18:14 telling 104:17 temporary 121:1,7 Ten 6:2;12:1;32:13; 72:10;79:7 tension 64:23 term 43:23;50:6 terms (28) 30:2,5;31:17;35:10, 11;46:8;47:6;55:22; 56:3;57:22;59:18; 65:19;67:6,7;85:19,19, 20,23;86:7,23;91:3; 95:3,14;96:10,12; 103:17;104:7,15 terrorism 65:3 test 51:5;71:6,19;72:1; 82:17;83:1 tested 71:16 testified (14) 6:20;40:14;48:3; 62:2;69:2;72:21;85:12; 94:15;107:4;108:6; 113:3;115:17;124:7; 128:10 testifies 130:19 testify 7:3;82:7;93:15 testifying 73:19 testimony (21) 5:20,22;6:3,8;45:6; 46:12;53:20,23;54:5; 60:18,19;71:12;82:1; Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (18) spoken - testimony ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 86:7;113:10,23;116:2; 121:12;124:12;127:2; 131:4 testing 11:6;49:8;82:10,23; 129:2 tests 9:5;10:22;120:14 Texas 55:17 Thanks 79:15;116:1;123:19 that'll 118:8 them's 75:18 theoretical 74:11 theory 74:12 therefore 8:17;88:14;92:15; 96:22;102:9;106:14 thick 88:13 thin 88:8 thinking 63:1,8;67:6,7,8; 86:13 think's 117:4 third-parties 32:23 though 22:2;24:8;26:23; 51:15;53:17;54:21; 77:15 thought 6:13;21:6;30:23; 73:19;75:6;116:3; 121:3 thousand 33:14 thousands 128:14 threadbare 8:18 threat 64:15 threatens 52:23 three (10) 9:12;10:10;11:9; 19:2;33:3;39:12;79:9; 86:8;107:11;109:3 three-dimensional 100:22,23 throughout 92:19 tiles 42:10 till 131:19 tilled 9:9 timely 4:19;13:16 times 10:16;52:7;57:7,8; 98:9 today 52:14;116:13; 120:18;122:22;123:1; 131:9 together 60:8 told 84:23;108:23; 119:16;130:21 tolerate 92:16;104:7 tomorrow 130:17,18,23; 131:16,18,20 tonight 53:15;86:7;94:17; 107:13;109:16;127:3; 130:15 took 114:6 toothless 8:17 top 88:16 topics 91:15 topography 90:4,6 total 17:4 toward 65:4 towards 43:18;96:23;99:20; 103:23 Town 101:18 towns 10:5 Township 57:18;59:21;60:15; 87:21 toxic 12:11;51:13;128:17 track 28:23;98:12 trade 29:15 tradition 7:19;124:13 traffic 56:20;59:15;60:4; 70:22;117:22;118:5 training 67:22 transcript 3:20;4:22 transition 63:23 transparent 25:9 transport 49:18 travel 12:23;14:6;59:9 travesty 128:20 treat 43:16;44:5 trees 109:1 trend 55:22 trending 90:13 tributaries 88:9;90:12;97:6 tributary 88:5;89:5;96:17,19, 20;106:12,13 tried 24:12;112:22 trip 12:5 trips 12:4,6,7;52:4 troubling 9:12;41:17 truck 12:4;14:13;59:15; 60:4;70:22;77:4 trucks 52:3;56:22,23;57:8; 60:8;75:13;77:2 true (11) 23:19;24:15;25:17, 19;52:10;54:6,21;66:4; 74:23;91:2;101:14 truly 53:18 trust 120:2 try 40:7;86:14;104:4; 128:12 trying 33:2;36:1;56:5; 63:23;120:18 turn 18:20;20:7;67:12; 78:4 turned 34:4 Turner 3:10,11;15:18;80:4, 21;93:1 twelve 12:4 two (21) 6:14;8:11;9:23; 13:17;14:6;33:3;36:15; 37:4;42:20;49:15; 62:20;70:10;71:5; 91:22;95:1;117:15; 120:21;122:9,10; 123:14;125:18 type 75:5;101:13;120:8 types 46:9 typical 88:16 typically 95:19;124:22 U ultimately 92:12;127:8 unable 130:15 unacceptable 60:5 unannounced 36:19 unanswered 54:8;120:1 uncertainty 65:5;102:20 uncomfort 93:12 uncontaminated 128:16 under (19) 8:14;9:1;10:10; 14:18;19:15;20:1; 21:13;27:3;31:7;33:9, 18;34:5,7;37:13,22; 38:2;59:18;66:5;112:2 underestimates 12:23 underfunding 37:7 underground 12:20;14:6;92:13; 100:6;104:20;105:5; 106:13 undermine 64:22 underneath 18:10;111:6 understood 58:1;86:22 unfit 11:1;27:10 unfolds 91:13 unfortunate 121:8 Unfortunately 53:16 Unitarian 7:17 United 9:15;26:21;27:6; 32:4;64:14;126:14 units 89:1 Universality 7:17 University 7:16;87:15;89:17 unknown 48:21;51:22;54:11, 12;103:4 Unless 5:8;11:6;59:20 unlined 34:17;38:1,3,3 unplugged 33:23 unpublished 87:3;94:17,23;95:2, 9,10;106:7 unravelling 39:17 unresolved 16:10 unsettling 52:2 untested 9:9 untrue 54:9 up (39) 4:8;6:10,11;9:18,19; 10:8;16:9;32:11,13; 33:4;34:14;37:1;42:14; 43:9,19;52:16;56:1; 57:2;60:1,7;61:1;74:1; 76:13,21;90:7;93:15, 17,19;94:11,11;116:5, 19;117:11,12,13; 118:11;120:9;121:1; 130:14 upgrade 118:7 upheld 37:13 upon (15) 6:20;29:5,9;40:14; 45:20;48:3;57:23; 72:21;84:1;107:4; 108:6;111:19;115:17; 124:7;128:10 uproot 64:20 upset 74:22 urban 125:13 urge 53:2;62:16;71:2; 107:16;110:10 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (19) testing - urge ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 USA 14:10;124:11,17 use (59) 11:2;15:14;19:4,16; 20:2,11,16;21:20;22:4; 26:8,11,18;27:2;28:3,8, 13,16,18;30:14;31:6, 14,18;41:9;42:21,22, 23;53:3;56:3;57:15; 58:4,9;59:13,19;61:9, 15;62:17,21;64:8; 65:17;66:23;68:1,6; 70:14,15,16;71:4; 81:16;97:22;99:1; 101:15;107:17;109:10; 110:20;111:18;112:8; 119:15;120:6;122:14; 126:2 used (10) 9:11;13:5;41:5; 45:13;47:10;89:15; 109:10,23;110:18; 119:5 users 102:12 using 61:2,6;67:12;128:14 usual 65:15 usually 117:23 utilities 49:22 utilization 104:5 utilize 64:6 utilized 95:19 UUC 7:18 V VA 108:21 Valley 88:6;89:6;90:5 valleys 88:5;89:5;90:13,17 valuable 93:20 value 70:23;76:7,7,9; 77:16;91:7;129:9 valued 44:1 values 28:14;43:2;70:18; 124:15 variable 97:7 various 45:9;88:20 vary 86:5 vent 11:10 via 97:6 vicinity 41:7;43:1;70:17; 71:7 video 14:9 Vietnam 108:19,22 view 56:7,8,9;105:19 violate 28:16 violating 10:11 violation 31:13,19,21 violations 17:15,18 violative 31:4 Virginia 51:20 visions 55:3 visit 130:23 visits 36:19 Vista 7:1 voice 119:17 volume 14:18,20,22;18:23; 19:3,9;59:14 volunteer 73:21 vulnerable 126:4 vying 65:1 W Wait 6:15;60:7;84:23 waking 43:9 walk 76:22;129:23 walking 35:18 wants 5:8;125:5 Wapella 119:7 warming 11:11;49:1;124:19; 125:17 Washington 98:11 waste 10:8,14 watch 14:12 Water (96) 10:12,14,17,21,22, 23;11:1,4,5,7;12:17,19, 19;13:6,11,14,20;14:4, 13;21:14;35:18;41:13; 42:9;44:6;45:12;49:12, 14;51:2,5,7,17,23; 52:21;63:5;64:17;71:6; 75:18,19,21;76:6; 77:16;81:15,16;82:3, 14,17,22;85:23;86:1, 12,16;87:14;88:4,13; 89:22;91:8,11;92:6,11, 16,19;96:2;97:8,22; 98:19;99:2,7,10,15,16; 100:3,6,14;101:8,16; 102:9,13,21;103:19; 104:5;105:6;109:19; 110:7,9;112:19;117:5; 120:7,14;121:2,6,7; 128:15,15,19;129:2,8 watershed 42:15 waterways 42:10 way (17) 4:2;27:1;30:2;54:22; 57:12;68:14;69:23; 70:2,22;80:8;93:19; 99:6;101:6;104:23; 117:10;121:5;126:6 ways 59:16;101:11 weather 63:18,19;64:18 web 7:21;8:1,7;35:9,13; 36:16;98:6;125:6 Website 88:4 weeds 109:1 weeks 35:17;36:20 Wehrmann 89:15,15;94:1,2; 101:10;106:9 Wehrmann's 90:9 welcome 51:22 welfare 48:17;49:16;50:5; 63:1;65:21;70:20 wells (57) 8:14;10:23;11:4,15, 23;12:7,15;13:5,7,10, 11,21,22;14:1,4,5,7,8; 16:12,13;19:21;33:22, 22;34:4,11,11;36:15, 22;37:2,4;49:12;50:4; 51:4,11;55:19;63:5; 64:9;66:5;70:9,20; 71:6,7,15;81:16;82:4; 87:23,23;88:21;100:9; 102:18;103:2;109:15; 111:1;117:13;119:12; 120:7,22 well's 12:18;84:11 weren't 52:5 West (12) 51:20;72:15,16,19; 73:2,15;80:23;81:1,4; 84:21;117:12;124:9 W-E-S-T 73:3 Wetzel (40) 3:19;4:13;5:2,5,13, 16;23:12,16,17;39:22; 44:14,15;47:16;53:9, 10;61:16;66:3;68:15; 72:5;81:2,3;84:16; 94:23;96:6;106:17; 107:21;108:2;110:4, 14,15;113:8,9,12,15, 18;115:1;123:22; 127:17;130:9;131:8 what's (13) 24:19;27:7;40:20; 47:6;50:11;54:23; 75:13;76:6;83:6;91:1; 120:14;121:18;126:11 Whereas 18:7 wherever 56:23 White 106:23;107:2,8,9; 108:1 W-H-I-T-E 107:9 who'd 40:2 whole 28:12;101:8 who's 4:9;32:9;39:19; 74:15;78:23 whose 51:6 widespread 13:19 wife 74:19,21;75:10 wildcatters 18:9 William 6:11,18,23;7:14 willing 23:7;103:8,10;104:7, 8 win 11:8 wind 58:21;64:2,3;117:11, 17 winds 51:12 wind's 117:19 wish 3:20;61:21;86:10; 93:10 wishing 6:5 within (11) 60:13;73:11;79:5; 82:10;89:2,11;90:6; 99:4,4;100:10;117:15 Without 30:19 withstand 118:2 witness (25) 6:4,19;40:13;48:2; 61:19;62:1;66:2;68:18; 69:1;72:20;84:20; 85:11;106:21;107:3, 23;108:5;110:13; 115:4,16;124:2,6; 127:19,21;128:9; 130:14 Wittman 91:16 WOJTANOWSKI 40:8,12,17,22;41:2, 4;47:21 W-O-J-T-A-N-O-W-S-K-I 41:2 wondering 50:19 Woodlawn 48:8 word 39:12;110:18;126:15 words 81:21 work 4:18,18,19;15:10; 17:10;101:4;109:23; 116:20 worked 35:20;41:7;43:7; 47:7;109:2 working 32:10;65:9,12 workload 17:7 works Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (20) USA - works ---PAGE BREAK--- APPLICANT OF MINARD OIL RUN CO. BRADFORD, PA HEARING October 22, 2014 39:2 world (12) 8:4;17:9;26:22; 39:14;41:10;42:3; 66:14;67:17;68:13; 126:1;128:20,23 worn 60:17 worried 26:20 worry 30:22;75:9;77:3; 117:6;118:15;122:2 worse 91:12;96:14 worth 94:12;129:9 written 87:15 wrong 8:2 wrote 89:20 X XL 65:13 Y yard 74:21 year (10) 12:7,15;13:12;35:12, 14,17;37:3;52:4;57:3; 118:14 year-round 51:13 years (14) 13:12,15;18:6;29:4, 9;41:5;81:6;98:11; 104:19;108:21;118:4; 119:7;122:19;125:1 yesterday 58:3;75:17;96:9; 116:15;120:2,9 York 41:21;110:23 young 32:17 YouTube 14:9 Z zero 10:20 zoned 26:9 Zoning (24) 3:1;16:9;21:22;22:6; 27:3;28:4,19;30:9,20; 48:15;49:21;53:2,5; 62:13,15,16;70:13; 71:2;73:19;79:21;80:1; 87:12;123:2;127:8 1 1 9:4 1,000 82:10 10 10:16;12:21;88:11 10,000 36:21;37:2 10,500 36:16 100 11:23;34:11;41:13; 42:4,16;91:21 100,000 34:8 1014 108:11 11 4:3 12 17:5;34:13;35:15; 36:20;57:3 13 7:23;8:14;12:7,15; 13:9;102:18 14 14:11;88:13 14th 64:11 15 14:11;17:5;35:15; 60:2;87:21;88:2,9 1501 124:9 17 88:3 170 12:6 18 10:3;118:4;122:19 1850 39:10 18870 40:22 19 10:5;13:8;122:20 1950 52:10 1951 8:14 1980's 34:2 1986 129:14 1989 129:15 2 2 13:20;128:3 2,000 12:6;13:10 2,600 12:7 2,900 12:13 20 12:21;13:8 200 12:6;34:11 2008 13:19,22;124:20 2009 13:19 2010 13:22 2011-08 90:1 2012-08 88:3 2014 87:12 2050 89:22 210 51:22 22 87:21 22,000 35:13 2200 73:3;115:21;117:21; 118:2 240 8:15,16;9:2,4,10; 10:21;34:8;35:1;37:13 240.940c 9:8 240.940d 9:10 245 35:1 25 17:4;72:11 250,000 34:8 28 27:8 3 3 10:18;87:22 30 6:5;10:16;45:1; 46:23 30,000 27:8 300 19:4;76:22;79:14,15; 80:5,11;117:15 304 48:8 30th 87:12 3131 6:23 326 88:14 332 12:12 340 88:10,14 35,000 12:14 350 40:17,21 375 84:10 4 4 130:18 4,000 33:22 40,000 37:3 470 88:15 484 88:15 4A 5:20 5 5 130:19;131:4 5,000 12:13 50 35:17 500 88:16;90:10 500,000 32:19 5782 115:21 6 60 18:5 605 62:7;69:8 6116 73:3 63 13:20 65,000 12:14 67 13:20 7 7 89:19;90:3 7,783 36:17 711 107:10 72,000 58:8;60:11 7th 3:20;80:2;107:12 8 8 5:23;28:19 80 11:23 80,000 19:6 81 4:1 810 88:12 82,000 57:7 850,000 109:19;112:20 87 129:14 9 9:20 4:4 9:50 131:22 907 85:18 95 13:22;14:1 96 4:2;42:4 98-0022 19:2 Min-U-Script® ADVANTAGE REPORTING SERVICE PHONE: [PHONE REDACTED] FAX: [PHONE REDACTED] (21) world - 98-0022