Photo by Emma Delk Bridgeport resident and member of the Concerned Ohio River Residents environmental group Beverly Reed thanked council members for sending a letter to the ODNR urging them to clean up Austin Masters facility. Also pictured is Martins Ferry’s Law Director Paul Stecker, left, and police chief Jerry Murphy.

MARTINS FERRY — Martins Ferry City Council has sent a letter to Ohio Department of Natural Resources Division of Oil and Gas Resource Management Chief Eric Vendel requesting that ODNR begin cleanup of the Austin Master Services facility “as soon as possible.”

Council members unanimously voted at Wednesday night’s city council meeting to send the letter to Vendel, the Ohio Department of Natural Resources, the Ohio Environmental Protection Agency, Ohio Gov. Mike DeWine and Ohio Attorney General Dave Yost.

The letter summarizes the court filings regarding Austin Master, beginning with the temporary restraining order Yost filed March 25. In that order, Yost described the facility as committing “egregious violations of Ohio law” and creating an “environmental emergency.”

These “egregious violations” at the facility were caused by Austin Master exceeding the 600-ton waste limit by collecting more than 10,000 tons of oil and gas drilling waste, some of which is radioactive.

Following Yost’s filing, the ODNR suspended operations at the facility and required that Austin Master cease accepting waste. Yost then ordered the disposal of the waste and the cleanup of the liquid and solid waste from the facility’s floor, with Belmont County Common Pleas Judge John Vavra granting the restraining order. The disposal and cleanup were set to be completed by April 17 – a deadline that was not met.

“Both ODNR and Ohio EPA are aware of the level of non-compliance of Austin Master” council members state in the letter. “ODNR stands poised to make a momentous decision regarding the permit status for Austin Masters, and the enormity of the decision is not lost on us. This company has a history of severe violations and non-compliance with the potential to lead us to environmental disaster.”

Council members then drew attention to Austin Master’s continued non-compliance after submitting a letter of compliance to the city of Martins Ferry. The letter was in response to a complaint from the city listing areas of concern due to the facility’s proximity to the city’s Source Water Protection Area.

The Austin Master facility, located at 801 N. First St. in Martins Ferry, is approximately 1,000 feet from the city’s drinking water well field and about 500 feet from the Ohio River.

“The conditions at the Austin Master facility leading to the legal action taken by Attorney General Yost are beyond comprehension,” council members wrote in the letter. “They show a knowing, deliberate defiance to the limits of their permit.”

Council members added that when the Ohio River flooded twice within one week in April, they were “fortunate” that river flood water “apparently” did not breach the Austin Master facility, though flood water reached the facility.

“We have no guarantee that this will not recur, and the next time could be worse,” council members state in the letter. “If the river had crested another foot or two higher, we would have a major incident.”

Recent flooding served as another reminder for council members that the site needs to be cleaned as soon as possible. The council urged ODNR to begin cleanup.

Council members noted in the letter, “It appears that neither Austin Masters nor its parent company have any intention of complying with the order for disposal and cleanup.”

The council members add they are exploring and “will take every avenue” within their power to expand the Source Water Protection Area and strengthen the city ordinance regarding the protection plan. They note that their “power is limited” because they do not control permits.

“We are therefore requesting in the strongest terms that no further extensions be issued to Austin Masters or any of its parent or subsidiary companies and that all permits be immediately and permanently revoked for this company,” council members state. “In addition, we urgently request that no such permits be issued to this or any other oil and gas facility to be located in or around our Source Water Protection Area in the future. The risk is simply too great to our citizens that rely on clean, safe drinking water.”

Martins Ferry Service and Safety Director Andy Sutak said Wednesday he hopes the letter will serve as a step forward to eventually “take care of the situation.”

Sutak added the council will also send templates of the letter to Bridgeport Village Council and have them report back to council to ensure that “as many local entities as possible are sent out letters.”

Sutak then described a 30-minute phone conversation with Vendel last week explaining the Austin Master situation and the city council’s concerns. During the conversation, Sutak asked Vendel to inform council members of what was transpiring at the facility.

“I told them (Vendel) we would like to get the place cleaned up and moved on,” Sutak said. “Basically what the chief said is that they must go through the litigation process (before cleanup begins). I got a little bit antsy and said, ‘I don’t believe you have to do that. I believe we have the funds in the state to possibly start getting it cleaned up.'”

Vendel’s response was that the ODNR would “continue their process and try to keep them informed of what’s transpiring now,” Sutak said.

“I know the mayor is not happy and I’m not happy,” Sutak said on the progress toward cleanup of the facility. “The council is not happy with what’s transpiring right now, either. Hopefully, the letter that the council signs and the legislation we’re gonna pass will get the ball rolling.”

The Rev. James Agnew, councilman at large, gave an update during the meeting regarding the legislation Martins Ferry council members want to pass to prohibit hazardous waste companies from operating in the city. Agnew said he and Law Director Paul Stecker are working to “come up with some way” to make the ordinance legal.

“We don’t want to pass something just to pass something,” added Stecker. “We want to pass something that’s enforceable and works.”

During public comment at the meeting, Beverly Reed, a Bridgeport resident and member of the Concerned Ohio River Residents environmental group, commended the council members for the letter to ODNR.

“It’s a good job moving in the right direction, and I hope a lot of citizens here will start to take notice and also commend you because it is really good work,” Reed noted. “In a small town like ours, it’s hard to catch the attention of the people that matter and have control over these things.”