Plans for a proposed injection well project in Plum will once again be debated before the borough’s zoning hearing board as the governing body adheres to a state court ruling.
Board members voted 5-0 Thursday determining a section of the zoning ordinance involving setbacks applies to Penneco Environmental Solutions’ request to add a second injection well at its existing facility on 69 acres on Old Leechburg Road. Board member Matt Vasil was absent.
The section in question states injection wells shall not be located less than 500 feet from the nearest property line. The well in question is about 350 feet from a property line, according to Penneco officials.
That means the company will have to apply for a variance and come before the zoning hearing board again, and also defend its position that a second well will not be a detriment to public health, safety and welfare.
“The case has a complicated procedural history,” zoning hearing board Solicitor Gavin Robb said after the meeting. He said the board must hear additional evidence to determine whether Penneco has met its obligations under the zoning code to allow it to add the requested injection well.
Injection wells are used to dispose of waste fluids — referred to as brine — from oil and natural gas operations.
Zoning hearing board members did not comment on their decision during the meeting, and no one came before the board to comment.
Protect PT, a local environmental group, offered a statement Friday morning about the project.
“Setbacks and ordinances are put in place by local governments in an effort to protect people from harm from development too close to resident’s homes, schools and other places where people work and recreate,” said Gillian Graber, executive director of Protect PT.
“Not only does this project not meet the local ordinance restrictions, but it also violates the state setback requirements.”
An additional hearing has not been scheduled.
The board had previously given Penneco approval about two years ago.
How we got here
Penneco had received approval from the borough’s zoning hearing board in January 2022.
The board said at the time it had no power to regulate such wells, and a decision to reject the plans would be overturned in court. Penneco obtained permits from the U.S. Environmental Protection Agency to operate an underground injection well there.
The second well would be a conversion of an existing natural gas well. The two wells are about 1,000 feet apart. The second well is 6 to 8 inches in diameter and runs about 1,800 feet below the surface, about identical to the existing well.
Company officials said having the new injection well would increase Penneco’s capacity by 50%, from 30 to 45 loads per day.
Protect PT argued a second well would be a detriment to people’s health.
The group and the borough had appealed the zoning hearing board approval to Allegheny County Court. However, the court sided with the zoning board.
Protect PT then appealed that decision to the state’s Commonwealth Court, which sided with Protect PT.
In a 27-page opinion released in January, the Commonwealth Court said the zoning board was not as powerless as it thought to add conditions to the approval of injection wells.
Thursday’s hearing was the first with Penneco since the court ruling.
Robb said the zoning hearing board made its decision after reviewing briefs filed by Penneco, Protect PT and the borough.
Penneco has operated a natural gas well on the property since 1989.
What comes next
Pennoco Chief Operating Officer Ben Wallace said the company will continue to seek the variance, and that no plans have changed from the company’s previous application.
“The well exists,” Wallace said. “Because it exists, we believe that it’s grandfathered in. … They’re saying even though it already exists, we have to apply for a variance to leave it where it is, which makes no sense to us. I think their statement is illogical.”
Wallace said he looks forward to the future hearing and is confident the project will move forward.
“I think the law is on our side,” he said.