Marietta resident Dawn Hewitt states her concerns regarding injection wells in the region during Thursday night’s Marietta City Council meeting. (Photo by Gwen Sour)

Marietta City Council on Thursday focused much of its regular meeting on drinking water protections and state-regulated injection wells, moving forward with two measures tied to oversight and potential litigation while introducing a third that urges a statewide pause on new wells.

City Law Director Paul Bertram said his office has already initiated an administrative action with the Ohio Department of Natural Resources’ Oil and Gas division “to keep the City of Marietta’s options open in respect to its aquifer and its protection.”

Bertram emphasized that Resolutions 80 and 79 were written as standalone items – the former to authorize him to bring legal action, including a potential mandamus suit and the latter to establish a task force to examine injection well issues.

“Eighty gives me the power, and it allows me to use my discretion,” Bertram said, adding that he will ask for Resolution 79 to be amended to expand its scope to include any other proposed wells.

Betram also previewed Resolution 81, a separate measure asking the Ohio Legislature to enact a three-year moratorium on injection wells, not only in Marietta, but statewide.

Councilman Jon Grimm updates council on communications he received from the Ohio Department of Natural Resources during Thursday’s Marietta City Council meeting. (Photo by Gwen Sour)

“The City of Marietta does not have the ability to impose a moratorium, but the state of Ohio does,” he said.

The resolutions stemmed from concerns over ODNR’s issuance of a permit for a Class II injection well within two miles of the city’s water well field. Class II wells are used to dispose of brine and other liquid waste by injecting it deep underground into porous rock formations, sealed off from groundwater by layers of rock and casing.

The meeting drew over 80 individuals and nearly an hour of comments centered on groundwater protection, with multiple speakers critiquing ODNR’s handling of permits and inspections.

During the public forum, Marietta resident Dawn Hewitt said the city’s geology makes new wells especially risky.

“Our geology is truly like Swiss cheese,” she said, indicating a map that showed a large number of oil and gas wells across the region. “Even the highest-tech, brand-new water treatment facility can’t filter out radioactivity. … If it’s woke to care about our water, then I’m wide awake.”

Councilwoman Erin O’Neill, left, gives a statement thanking her fellow councilors for their efforts on the resolutions surrounding injection wells and thanks attendees for their concern regarding the issue at Thursday’s Marietta City Council meeting. (Photo by Gwen Sour)

Councilman Ben Rutherford said members worked in recent days to clarify the city’s legal posture after ODNR communications indicated the Stephan Well No. 1 permit was reissued multiple times under older construction rules, while operations would be governed by newer standards.

Councilman Jon Grimm told colleagues he obtained written confirmation that the drilling permit was originally issued Oct. 17, 2019, and reissued Oct. 26, 2021, with conjecture of an additional reissue likely in 2023. Grimm said that while state law allows two-year reissues when a well isn’t actively drilling, a separate administrative code limits permit duration to five years.

“All that to say I’m going to support a writ of mandamus based on that,” Grimm said.

Council members also thanked colleagues for revising Resolution 79 to address concerns and broaden the committee’s charge.

“The past couple of weeks have been a lesson in how local government is supposed to work for the citizens,” said Councilwoman Erin O’Neill. “My actions here tonight reflect nothing other than my desire to speak out for my constituents who don’t otherwise have a voice to fight against powerful government entities … from here on out, Marietta will no longer stand by and allow ourselves to become a dumping ground for other people’s waste.”

Washington County Commissioner James Booth, in a letter read into record, backed the pause on injection wells.

“This is not the time to look at money for economic development if our water is not safe or in jeopardy,” he said. “I am in favor and support Marietta City Council’s initiative to have a moratorium on more injection wells until such time that any and all concerns are addressed factually.”

Resolution 79 saw the amendment expanding its scope beyond Stephan Well No. 1 approved by a unanimous vote, and the resolution itself was adopted unanimously. For Resolution 81, council added an emergency clause, then suspended the second and third readings before adopting it, all on unanimous votes. Council suspended the third reading of Resolution 80 unanimously and adopted the measure with support from all members except Rutherford.

Rutherford stated his hesitation on immediate action stemmed from “conflicting directions” and a desire to proceed with more information.

“As we get more data and we get more information, those things become easier decisions,” he said.

What the measures do

* Resolution 79 – Creates an Injection Well Task Force under Marietta City Council’s Water, Sewer & Sanitation Committee, now expected to review all proposed Class I and Class II wells affecting Marietta, not just the Stephan Well No. 1.

* Resolution 80 – Authorizes the law director to pursue legal remedies – including a writ of mandamus – to ensure current safety standards are applied and to challenge administrative actions that could endanger the city’s aquifer.

* Resolution 81 – Urges the Ohio General Assembly to enact a three-year statewide moratorium on injection wells to allow further study and updated oversight.