The CEO of Austin Master Services - owner of a fracking-waste storage facility in Martin's Ferry, Ohio - will attend a hearing by phone today in Belmont County, facing contempt-of-court charges for failing to clean up 10,000 tons of waste - far beyond what the company was permitted to store.
Advocates and local officials continue to express concerns about the Ohio Department of Natural Resources' handling of toxic fracking waste and oversight of these types of facilities.
Beverly Reed, director and community organizer with the citizens' group Concerned Ohio River Residents, said they are on alert about potential water contamination - noting the facilities' proximity to the city's water supply and football field.
"When you have one of these facilities by a water supply, by where people recreate - anywhere, basically," said Reed, "it's concerning because of what's actually getting into the environment and what could be getting to water. "
ODNR spokesperson Karina Cheung said in an email that the agency is closely monitoring the situation and stands ready to clean up the facility if Austin Master Services fails to comply with the court's order - and that in April, before the court's contempt order, the Division of Oil and Gas Resources Management removed hundreds of barrels of liquid waste from the facility.
Fracking waste contains high levels of radium, volatile organic compounds, and at least one thousand chemicals.
Mayor of Martins Ferry John Davies argued that ODNR hasn't taken enough action to clean up the public health threat as quickly as possible.
"I'd like to see ODNR take responsibility, because they were responsible to permit the waste, and they're the ones that allowed it to go from 600 tons to 10,000 tons," said Davies. "The city has no jurisdiction. So I would like to see ODNR take control of the situation and clean it up."
Davies said he hopes the state shuts the facility down permanently, rather than issuing a new permit to potential waste storage companies that want to buy it.
"We do not want it re-permitted in the city of Martins Ferry," said Davies. "It's too close to our water source, and we're hoping that ODNR doesn't permit another company to enter the facility."
Davies added that the city continues to check it's water supply more frequently to ensure the community remains safe.
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Clean drinking water doesn't just come from replacing lead pipes. Solutions also rest on Minnesota's farm fields, and this time of year, some rural acreage has been planted with seeds designed to do winter magic before the next growing season.
Cover crops are typically planted going into in a farmer's offseason and are meant to improve soil health before a main crop, like corn, is prioritized the following spring and summer.
Peter LaFontaine, agricultural policy manager with Friends of the Mississippi River, said newer varieties of winter cover crops have come on the scene, potentially changing the dynamics when it comes to profits. On the sustainability side, protecting waterways is still a benefit.
"If you have crops that are providing some more of that natural cover during winter, you wind up with a more resilient system. These crops do a phenomenal job of addressing things like nitrogen loss," he said.
Traditional plants like cereal rye have been helpful with those water quality efforts. But products like winter camelina are getting more attention these days because they have a bigger potential as a dual benefit. They can be harvested for the sustainable jet fuel market. Overall, the cover crop movement still faces headwinds, with an adoption rate below 3% for Minnesota's farmland.
Agriculture experts say Minnesota's harsh winters can be disruptive to cover crops, and it can take time for a producer to fully realize the economic benefits of improved soil quality, such as less flooding in fields.
Anne Schwagerl, western Minnesota farmer and vice president of the Minnesota Farmers Union, has long planted these seeds and is now experimenting with the "cash cover crops." She predicts they'll help with the momentum issue.
"The old adage in farming is don't plant something you don't have a market for. Well, this is something we actually got a market for," she explained.
Schwagerl noted that the biofuels market has a strong appetite for winter camelina. There are federal conservation programs that provide incentives for using cover crops. It's unclear how much extra support will be provided as Congress debates the next Farm Bill.
Despite Minnesota's low adoption rate, more farms were trying cover crops in 2022 compared to 2017. That's according to the Census of Agriculture, released every five years.
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Minnesota is credited for having strong wetland protections. But the research community warns the growing presence of factory farms in the Midwest makes it harder to shield these natural resources.
A new report from the Union of Concerned Scientists says 30 million acres of wetlands in the Upper Midwest are at risk of destruction by industrial agriculture and other heavy industries.
The authors said the U.S. Supreme Court's recent decision to strip some federal protections from wetlands accelerates the potential loss.
The Research Director for the Union's Food & Environment program Stacy Woods said because of the role wetlands play in flood mitigation, states in this region are likely to have a harder time limiting damage from a major rain event.
"We know that flooding is a significant issue," said Woods. "It's expensive, and it's getting worse as the climate warms."
While Minnesota's laws might help offset some of the federal impact, the report says neighboring states like South Dakota and Iowa are more vulnerable to wetland loss.
It says priorities of the incoming Trump administration could further complicate protections - but if lawmakers can agree, there could be opportunities in the Farm Bill debate to bolster existing conservation programs.
Wetlands can capture and slow flood waters that threaten homes, but Woods pointed out they do so much more.
"They're often called nature's kidneys, because they provide such a service in cleaning our waterways," said Woods. "But when we dump so much pesticide and fertilizer, and other pollutants onto our fields, that can run off into these wetlands and really impact the wetlands' ability to clean our water."
Meanwhile, researchers say one acre of wetlands provides $745 of flood mitigation benefits to residential homes.
Without wetlands, they say homeowners and taxpayers absorb those costs through the National Flood Insurance Program.
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The most current study from the Environmental Protection Agency estimated more than 143 million Americans are at risk of drinking water tainted with PFAS chemicals, including in Texas.
Water utility companies across the country tested their drinking water for 29 different PFAS compounds. They are known as "forever chemicals," because they do not break down easily in the environment or the body.
Neil Carman, clean air program director of the Lone Star Chapter of the Sierra Club, said the man-made chemicals are found in everyday products.
"Nonstick pans like Teflon, also stain-resistant fabrics, like Gore-Tex and waterproof clothing," Carman outlined. "The biggest source is probably from the firefighting foam."
He pointed out when firefighters use the foam to extinguish a fire, it is left on the ground and seeps into nearby water sources.
Some supporters of President-elect Donald Trump have said they want to revoke or weaken water standards for six PFAS chemicals. According to the Environmental Working Group, it would leave nearly 46 million Americans with no protections.
The EPA said its data is not yet complete but it has already identified PFAS contamination at almost 8,900 sites nationwide, including more than 100 in Texas. Carman noted the chemicals have been linked to multiple health problems.
"They could cause cancer, they disrupt the immune system, they could interfere with pregnancies, they can cause all kinds of health effects," Carman explained. "We're still learning about them but they're not good."
The Texas Commission on Environmental Quality is the state agency charged with PFAS enforcement. Carman added a home water filtration system is one option for curbing some toxic chemicals.
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