Dec 17, 2015 2 min read

CNX has agreed to pay the state Department of Environmental Resources and Fish and Boat Commission $450,000 to settle water withdrawal violations. The settlement agreement was announced today by the DEP.

CNX did not adhere to its approved water management plan, and DEP determined it exceeded its approved daily withdrawal limits from a reservoir in North Franklin Township between October 23, 2011 and June 8, 2013.

In order for oil and gas operators to remove water from water sources in Pennsylvania for the drilling or stimulation of any unconventional natural gas well, a Water Management Plan must be approved by DEP. The WMP designates the sources to be used, the peak daily withdrawal limits and how quickly water can be removed to prevent impacts to the waterway. A number of different sources can be included in the WMP.

CNX obtained a draw-down permit from PFBC that set further limits on how much water could be removed from the reservoir in order to protect aquatic life and dam stability. However, on 164 days between October 21, 2013 and December 23, 2014, during the restricted time period, CNX withdrew water from the reservoir contrary to the restrictions in their WMP and “draw down” permit. This water withdrawal resulted in low water levels within the reservoir, drying out the shallow shoreline areas of the reservoir and the surrounding forested wetlands.

In addition, the company failed to keep proper records relating to water withdrawals and reservoir levels.

CNX has instituted changes in their procedures to ensure that water withdrawal reporting is accurate and that WMPs are followed exactly.