We have a water emergency in Dimock.
Ray Kemble has not been able to get a delivery of water to his house since mid January, as the hydrant in Montrose, where Ray gets water, is frozen.
BACKGROUND Info Simplified:
- Ray's water was determined by the PA DEP on 4-15-2010 to be contaminated by Cabot Oil and Gas. SOURCE.
- Anyone whose water supply has been determined to be impacted by oil or gas drilling is entitled to clean water deliveries under the 1984 Oil and Gas Act, as amended by Act 13 of 2012. SOURCE
- Ray
received water deliveries until November 30, 2011, after PA DEP
undersecretary for Oil & Gas Scott Perry inexplicably allowed Cabot
to stop water deliveries, apparently in violation of the law: SOURCE
QUESTION: Under what legal authority did Scott Perry order that Cabot could stop delivering water to Ray Kemble (and many others) as required by law?
Please call
Gov. Tom Wolf: 717-787-2500
and ask
"Please Deliver 500 gallons
of Clean, Potable Water
to Mr. Raymond Kemble
of Dimock, Susquehanna County PA,
disabled by a broken back,
recovering from cancer surgery,
and suffering other acute health problems,
AS REQUIRED BY LAW,
TODAY"
Thank You.
UPDATE (1:15PM): Many people have been calling (THANK YOU!) and reporting they are having trouble get through to the Governor due to high volume, or being hung up on. KEEP IT UP! Here are some ALTERNATE PHONE NUMBERS TO CALL:
PA DEP Emergency Line: 800-541-2050, 570-327-3636, 570-826-2511
Pennsylvania Emergency Management: 717-651-2001, 610-562-3016
EPA: 800-426-4791, 202-564-8600, Environmental Justice: 800-962-6215
Susquehanna County Emergency Management: 570-278-4600
PA Attorney General: 717-787-3391 717-787-5211
PS: Ray needs to raise $10,000 to save his home.
We have raised about 1/2.
Most donations were 6 months ago.
We have raised about 1/2.
Most donations were 6 months ago.
For the last 6 years, Ray has dedicated his life to fighting the harms of fracking.
He delivered life giving water to others for 2 years, largely at his own expense.
He has traveled to New York, Maryland, Virginia, North Carolina, Florida, Colorado, California, Ohio, New Jersey, to the Paris COP21 climate talks, and numerous times to Washington, DC.
Ray URGENTLY needs about $5,000 more.
Ray URGENTLY needs about $5,000 more.
TinyURL.com/lastmanstandingindimock
TO: PA DEP Sec. Patrick McDonnell
CC: Scott Perry, Michael O'Donnel, Jennifer Means, Colleen Connolly
CC: PA Attorney General Josh Shapiro
CC: PA Office of General Counsel (for Gov. Tom Wolf)
6 Feb 2018
Secretary:
Please Take Notice:
YOU ARE IN VIOLATION OF THE LAWS OF THE COMMONWEALTH
to wit, the 1984 Oil and Gas Act, as amended by Act 13 of 2012,
which REQUIRES PA DEP to ensure gas drillers responsible for water
contamination supply temporary drinking water to impacted homes,
until a PERMANENT SOLUTION is in place.
Please Take Notice:
YOU ARE IN VIOLATION OF THE LAWS OF THE COMMONWEALTH
to wit, the 1984 Oil and Gas Act, as amended by Act 13 of 2012,
which REQUIRES PA DEP to ensure gas drillers responsible for water
contamination supply temporary drinking water to impacted homes,
until a PERMANENT SOLUTION is in place.
You are denying me, and others, including Raymond Kemble,
our Statutory and Constitutionally protected rights
under the Laws of the Commonwealth,
and Pennsylvania Constitution.
SUMMARY
We have a water emergency in Dimock PA,
and I demand immediate action.
We are out of water, and need a water delivery TODAY
AS REQUIRED BY LAW.
LEGAL AUTHORITY
Pennsylvania Constitution, Art I § 27 states:
The 1984 the Oil and Gas Act states:
Natural resources and the public estate.
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
The 1984 the Oil and Gas Act states:
This was amended by Act 13 of 2012 as follows, but the requirement for replacement water is substantially the same:Sec. 601.208. Protection of water supplies(a) Any well operator who affects a public or private water supply by pollution or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity or quality for the purposes served by the supply.(b) Any landowner or water purveyor suffering pollution or diminution of a water supply as a result of the drilling, alteration or operation of an oil or gas well may so notify the department and request that an investigation be conducted. Within ten days of such notification, the department shall investigate any such claim and shall, within 45 days following notification, make a determination. If the department finds that the pollution or diminution was caused by the drilling, alteration or operation activities or if it presumes the well operator responsible for pollution pursuant to subsection (c), then it shall issue such orders to the well operator as are necessary to assure compliance with subsection (a). Such orders may include orders requiring the temporary replacement of a water supply where it is determined that the pollution or diminution may be of limited duration...
§ 3218. Protection of water supplies. (a) General rule.--In addition to the requirements of subsection (c.1), a
well operator who affects a public or private water supply
by pollution or diminution shall restore or replace the
affected supply with an alternate source of water adequate in quantity
or quality for the purposes served by the supply. The
department shall ensure that the quality of a restored or
replaced water supply meets the standards established under the act
of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
Drinking Water Act, or is comparable to the quality of the
water supply before it was affected by the operator if
that water supply exceeded those standards....
(b) Pollution or diminution of water supply.--A landowner or water purveyor suffering pollution or diminution of a water supply as a result of the drilling, alteration or operation of an oil or gas well may so notify the department and request that an investigation be conducted. Within ten days of notification, the department shall investigate the claim and make a determination within 45 days following notification. If the department finds that the pollution or diminution was caused by drilling, alteration or operation activities or if it presumes the well operator responsible for pollution under subsection (c), the department shall issue orders to the well operator necessary to assure compliance with subsection (a), including orders requiring temporary replacement of a water supply where it is determined that pollution or diminution may be of limited duration.
(b) Pollution or diminution of water supply.--A landowner or water purveyor suffering pollution or diminution of a water supply as a result of the drilling, alteration or operation of an oil or gas well may so notify the department and request that an investigation be conducted. Within ten days of notification, the department shall investigate the claim and make a determination within 45 days following notification. If the department finds that the pollution or diminution was caused by drilling, alteration or operation activities or if it presumes the well operator responsible for pollution under subsection (c), the department shall issue orders to the well operator necessary to assure compliance with subsection (a), including orders requiring temporary replacement of a water supply where it is determined that pollution or diminution may be of limited duration.
Mr. Raymond Kemble has received honors, including from the Governor of Florida, and the Fractracker Community Sentinel Award.
Mr. Raymond Kemble is a cancer patient.
He is permanently disabled, and has very low income.
He is presently being sued, slandered, defamed,
and harassed by same industry actors -- Cabot Oil and Gas
who were found to be liable for contaminating his drinking well.
On 4-15-2010, PA DEP determined Mr. Kemble's water well to be impacted by gas drilling in the area.
On 10-18-2011, Deputy Secretary of the Office of Oil and Gas Management Scott Perry, inexplicably,
without statutory authority, and in contradiction of the Laws of the Commonwealth, granted Cabot's
request to stop delivering water, DESPITE THAT THE PROBLEM STILL EXISTS, HAS NEVER BEEN FIXED, AND THAT NO PERMANENT SOLUTION IS IN PLACE AS REQUIRED BY LAW.
request to stop delivering water, DESPITE THAT THE PROBLEM STILL EXISTS, HAS NEVER BEEN FIXED, AND THAT NO PERMANENT SOLUTION IS IN PLACE AS REQUIRED BY LAW.
Mr. Kemble (with friend Craig Stevens) purchased a truck, installed a water tank on it.
and with PA American Water, installed a hydrant in Montrose, 8 miles away.
Since 2012, for nearly SIX YEARS, Mr. Kemble has been trucking water to his house.
AT HIS OWN EXPENSE (substantial).
AT HIS OWN EXPENSE (substantial).
For the past 6 months, I have been living at the home of Raymond Kemble, of Dimock PA.
Mr. Kemble is recovering from a broken back, cancer surgery, and has other acute health
problems. I have been assisting Mr. Kemble with various tasks.
Since Jan 29th, we have been unable to get water, due to a frozen hydrant.
PA American Water has said it is past their point of demarcation, and "our problem".
We have called the local water delivery contractor. Guy Parrish, and he refuses
to deliver LIFE-GIVING water here, EVEN IF WE PAY FOR IT.
We are OUT OF WATER HERE.
No one can live without water.
THIS IS AN EMERGENCY.
I and Mr. Kemble are BEING DENIED OUR RIGHTS to clean air and water
under the 1984 Oil and Gas Act, as amended by Act 13 of 2012, and under
Article 1, sec. 27 of the Pennsylvania Constitution.
Please get us a water delivery TODAY.
Thank you,.
William Huston
570-278-3111
--
William Huston: WilliamAHuston@gmail.com
Binghamton NY
Public Service Mapping / Videography / Research
Blog -- Facebook -- Twitter -- Youtube
Document collections: VirtualPipelines -- BHDCSDimockArchive
Please support my work: TinyURL.com/DonateToBillHuston
William Huston: WilliamAHuston@gmail.com
Binghamton NY
Public Service Mapping / Videography / Research
Blog -- Facebook -- Twitter -- Youtube
Document collections: VirtualPipelines -- BHDCSDimockArchive
Please support my work: TinyURL.com/DonateToBillHuston
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