TX Statute 253.005 (c) Arlington ISD & City Council due diligence not found of Urban Drilling Safety

Here is the RRC link on 253.005
Here is an example where AISD input is alarming in that they only care about traffic issues.
“Arlington Independent School District does not oppose the compressor station. The District does, however, request that industrial vehicles traveling to/from the drill site be restricted 

from traveling on Arkansas Lane east of Great Southwest Parkway between the hours of 7:30 to 9:00 am and 3:00 to 4:00 pm on school days.”

 (FYI this Compressor Station #2 was never built-DFW Midstream couldn’t get Chk to guarantee it would be profitable to build-so the “emergency NG capacity needed fast-track vote” was for nothing. The Arlington Compressor #2 obviously wasn’t really needed).  What I DO know about Arlington Compressor Station #1 is that the only TCEQ suma canister air test taken was on ACL # 1203037 (canister ID# 20110), and found Benzene to be above the Long Term Effect Screening Level of 1.41 parts per billion on 3/26/2012.  Benzene was detected on a 30 minute sample at 2.3 ppb!
The CDC admits …..“There currently exists little published information identifying or characterizing potential health risks to U.S. oil and gas extraction workers. This is an area that needs further research, particularly in material inventory, exposure characterization, and surveillance. However, based on recent field studies by NIOSH, worker exposure to respirable crystalline silica has been identified as a potential hazard during hydraulic fracturing operations (OSHA NIOSH Hazard Alert: Worker Exposure to Silica During Hydraulic Fracturing [PDF – 2 MB]). Other suspected health hazards, that have not yet been quantified, may include exposure to diesel particulate and exhaust gases from equipment, high or low temperature extremes, noise, hydrocarbons, hydrogen sulfide, heavy metal exposure, and naturally occurring radioactive material (NORM).”
Industry workers have a watch group (OSHA/NIOSH)….SO WHOSE WATCHING OUT FOR THE KIDS?
Here is the list of links related to health and drilling at http://concernedhealthny.org/
U P D A T E :  here is a letter of my filing an abuse complaint with AISD….

—– Forwarded Message —-
From: kim feil <kimfeil
To: Jay Doegey <Jay.Doegey@arlingtontx.gov>; mcavazos@aisd.net
Cc: traci@boldconcepts.net; jenn212@sbcglobal.net; peterbaronaisd@tx.rr.com; bowie@bowiehogg.com; areich.aisd@tx.rr.com; sullins.jamie@yahoo.com; GloriaPena.AISD@yahoo.com; hibbsaisd@gmail.com; tpompa@me.com
Sent: Tue, January 1, 2013 6:18:50 PM
Subject: AISD hiding behind (the lack of) regulation in allowing drilling near schools/abuse complaint filed

Please be advised that I have filed an abuse complaint today on AISD leadership that has allowed (without due diligence) drilling near students and staff on form http://www.aisd.net/fwa/Form.asp.
It seems that Joe Barton is rather upset that the CDC is undertaking a shale health and environmental impact study in drilling near people which is proof that this was not done years ago when drilling was allowed near AISD schools. http://www.eenews.net/public/energywire/2012/12/04/1
On the abuse report, I site student and staff exposures to diesel in unnecessary truck traffic, chemicals used in drilling, fracking and reworking wells, BTEX, NORM, heavy metals, CO,Co2,So2,NOX,PM, VOC’s, formaldehyde, carbon disulfide, frac chemicals, H2S (SRB), brine/produced waters, and drilling/flowback waste exposures.
I attest to the best of my ability that over the last three years I have fulltime without pay studied the risks and loopholes in public protections at the local, state and federal levels of urban drilling and have found it to not have been proven safe.
It also has not been proven to be safe to the delicate hormonal endocrine system that can be affected by disruptions from environmental chemical dosing as low as in “parts per trillion” which can have lifelong ramifications.
The unnecessary risk to the public is an abuse of power, an abuse to the health of students and staff (especially those already with asthma), and is a poor example of leadership in hiding behind the rhetoric of local and state industry regulations in being adequate for public protection when no one did a health and environmental impact study first.
The fact that the CDC is currently undertaking such a shale health impact study obviously proves that AISD leadership did not do its due digligence, and has recklessly allowed drilling to be near students and staff.
In speaking with a high ranking AISD official about how it was determined that drilling was safe to be near schools, I was told that they relied on the city who relied on the state that determined the industry was within the law of regulation, and therefore it was ASSumed safe.
Thus “regulation” has become a convenient shield for industry and AISD to hide behind.  If industry does not have to address evidence of student and staff “abuse” against its products directly, and simply points to regulatory approvals as a way of divesting itself of responsibility for toxic effects, someone else will be held accountable, I’m starting with AISD.

Kim Feil

In December of 2010, I did an open records request to see what documentation the city has on file back when they were deciding to drill in Arlington as to what task force or what research or due diligence was done to see if urban drilling was safe. Cindy Powell from AISD said that they assumed the city did it’s due diligence and told me that AISD did not form a task force or undertake a study.
NO records were found-here is a cut and paste of the letter……

Ms. Feil- Your public information request to the City of Arlington has been referred  to me for response. We have searched our records and have been unable to locate any records maintained by the City responsive to your request for “documentation that was used in understanding the risks of drillsites in neighborhoods and near schools.” Please feel free to contact me if you have any questions regarding this matter.


Molly Shortall

Assistant City AttorneyW002726-121610

The city boasted being more protective with the setbacks than the Rail Road Commission, but the RRC rules were written for rural areas and if you read their mission statement, they only interest themselves in protecting the public from sour gas and preserving the state’s mineral resources -yet refer air complaints to the TCEQ who do not even test for Hydrogen Sulfide and Methane on their suma cansiters and their air monitoring stations. I’ve seen an alarming rate of state employees go to work for the drilling industry….the TCEQ does not do a decent job in protecting their own investigators because I know of two emission events at the DWG Compressor Station where the state investigators were sickened taking the air tests, yet in both cases no violations were found.
Reference TCEQ ACL reports 1108073  & 1108078 where the investigators had health effects. FYI report 1108073 had a Toxic Vapor Analyzer reading of 1,229,000 ppb near Camp Thurman last August, and incident report 151697 had a TVA VOC reading of 1,140,000 ppb by my son’s school, Bailey Jr High on March 4, 2011.
By the time they finished fracking five wells there by Bailey Jr High (in the above video), my son’s doctor said he was asthmatic.
Within two months of fracking, the Spec Ed teacher died of an aneurysm.
By the summer, the Music Teacher was diagnosed with 4th stage bone cancer.
I don’t like connecting the dots to health effects but they are there. There were 6 pancreatic cancers  reported by my dental assistant who lives near Park Springs and Calender Rd with the Health Dept. which our state public health dept. finds no ‘stistical’ evidence of-yes this is the same entity who claims no problem in Dish TX…go figure…I call our state workers out as “Perry people hanging on to their jobs”.
Audio of Arlington resident considered about cancer cluster near Martin High School. She is not the first person to contact me about cancer near there.  Another person contacted me about a family of 4 where 3 (one of the children) have cancer plus the family dog. This audio of a Lake Arlington resident ends with her claiming her own suspect health issues. She had her specialist contact me to see which blood tests I suggest he take (BTEX, formaldehyde, carbon disulfide). She told him she can smell the gas wells. I told the doctor that the mix of gaswells, the power plant, and the compressor station near the lake is too much for one area.
A Grace Prep student (yes this private school is near a padsite too) that lives on Tiffany Lane near lake Arlington, had a football concussion. That is how they found out he had leukemia last football season (fall 2011). After a bone marrow transplant, he is in remission.  I hope the Tempra family moves him away from that airshed so he has a chance of a normal life-however, I suspect the family finances will never be the same after all those medical bills.
Audio of environmental tester with PHD on setback and health effects/leukemias being seen near drilling.
Video of our City Health Officer trained to not make any statement of public health risks or answer any questions related to health risks near drilling. She was unresponsive to numerous emails and refers me to the City Mangers office who is also unresponsive to my repeated attemtps for contact.
I see a mounting case for a citywide law suit for violations allowing dangerous, industrial, intrusive, mining operations near Arlington residents in what could be at least 60 pad sites and could extend to neighboring towns downwind of our BTEX factories.
Our zoning laws are now a joke…the city is heavily invested in tied up real estate and cannot afford negative information about the impacts of urban drilling, but I devote myself full time to preaching what I find.
Each day more people on board with how dangerous this really is to be near people. After driving through that white frack cloud near Denton, and having my own health effects from that, I am now absolutely convinced.
Logically if State Statute 253.005 exists to protect “heavily settled areas” from cities anxious for royalties…..there is a reason for that, it isn’t rocket science that INDUSTRIAL SITES DON’T MIX WITH RESIDENTIAL AND SCHOOLS OR even greedy CHURCHES (whose leadership has failed to protect their property and human investment for a short term monetary gain).
Do the research and find that areas OFF the shale fetch higher dollar values. Compare Wise County values to Aubrey and Pilot Point TX areas.
As it is, the whole area near the Glenrose nuclear plant is at a higher risk because they fracked 3 wells 5,000 ft from the reactor and 2,600 feet from the damn that is needed to cool the reactor down if they loose power and or have an earth quake.  http://www.youtube.com/watch?v=mf1B61WbB7Q
God help us….the small “c”, uninformed christians that showed up in favor of drilling at the City Council meetings will have their say in His court one day.
Once you know, you can’t NOT know.
Below is a cut and paste of the complete string of emails related to the conversation of the Texas State Statute 253.005 that we’ve been talking about.
The state obviously wrote the “no drilling in a heavily settled area” rule to protect urban residents from unscrupulous leadership wanting $cash$ at the expense of public safety.  Some people call that protection a zoning ordinance which “insanely” we do not have any longer in Arlington due to Special Use Permits that allow industrial sites to be near schools and homes.
On Feb 22, 2012, at 7:33 AM, Harper, Chuck – Ft Worth, TX wrote:
Begin forwarded message:
From: Harper, Chuck
Date: February 22, 2012 7:33:03 AM CST
Subject: RE: Gas Well/Drilling
My concern is not whether the gas folks are following the law, but more accurately what is the law? If we have a law, we can make anyone follow that law- if we have vague or incomprehensible laws, this becomes considerably more difficult.
Maybe I am a bit old-school, but it certainly appears to me that a definition of “thickly settled” might be in order here. One might expect to have found such a description in a hundred-year-old legal document, but in the current litigious climate of this society, I would hope our leaders who create policy and laws would be more specific to avoid such gray areas of the law. With the brilliant minds I know we had working on these legal changes, the question becomes one of manipulation- were the legal definitions deliberately changed to favor the position of one party over the interests of the city population as a whole? Leaving such a vague definition in an area so hotly contested these days smacks of politicians paid, promised, or otherwise controlled by the beneficiary of such legal changes due to loopholes or vague clauses.  
I, not unlike hundreds of thousands of others, may have been hoodwinked at the start of this gas lease process, since I believed everything my government officials told me, and that there was no danger to anyone from the processes we all bought into, but I am no longer uninformed and silent.
Possibly someone can provide an answer to why taxpayers continue to pay the price for private profiteers through manipulation of public law by our elected officials? Since I have become accustomed to listening to so many lies from so many involved parties on the subject, I would be more than willing to listen to just about anything these days. Let’s start with something simple- like the definition of “thickly settled”.

Chuck Harper


Arlington  76018


On Feb 21, 2012, at 2:19 PM, Collin Gregory wrote:

Mrs. Feil,
I do not know of any mention, or definition of “thickly settled part of the municipality.”  All definitions regarding distances from well bores are located in Section 7.01B Well Setbacks.

Collin Gregory

Sent from my iPhone (but not while driving, because that would be dangerous)  🙂
On Feb 21, 2012, at 1:36 PM, “Kim Feil” <kimfeil@sbcglobal.net> wrote:

Do you have any reference in our gas drilling ordinance whereby council defines what a thickly settled part of the municipality to mean? If so do you have any information as to how the city could override a state statute?

Begin forwarded message:
From: Jay Doegey <Jay.Doegey@arlingtontx.gov>
Date: February 21, 2012 1:06:13 PM CST
To: “‘Kim Feil'” <kimfeil@sbcglobal.net>
Subject: RE: Gas Well/Drilling
Like Craig Adair said, there is no definition or case law on (c).  Your interpretation is a reasonable one, but the council’s interpretation could be what it adopted in its drilling ordinance relating to drilling distances from protected areas.
From: Kim Feil [mailto:kimfeil@sbcglobal.net]
Sent: Tuesday, February 21, 2012 12:22 PM
To: Jerry Lobdill; jim Ashford; NCTCA Group; TXsharon Wilson; Ranjana Bhandari; Jane Lynn; TX Harper Chuck – Ft Worth; Jay Doegey
Subject: Fwd: Gas Well/Drilling
Jay, I am concerned with “c) a well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence”
How is council interpreting this? Do they void the thickly settled part  if it meets the “or within 200 feet of a private residence” statement?
I interpret it to mean that if it is not in a thickly settled part, then they also should not drill in an unthickly settled part within 200 feet of a private residence to give a rural resident relief from drilling proximity too.
Thanks for getting back with me 99% of my emails to council go unanswered.
Begin forwarded message:
From: Jay Doegey <Jay.Doegey@arlingtontx.gov>
Date: February 21, 2012 9:54:39 AM CST
To: “‘Kim & Ken Feil'” <kimfeil@sbcglobal.net>
Cc: Jim Parajon <Jim.Parajon@arlingtontx.gov>
Subject: FW: Gas Well/Drilling
The law was changed in 2009.  See attached.  The AG opinion you attached was written in 2006 and discussed the language of the pre-2009 statute.
Begin forwarded message:
From: Kim Feil <kimfeil@sbcglobal.net>
Date: February 20, 2012 12:49:07 PM CST
To: Jay Doegey <Jay.Doegey@arlingtontx.gov>
Cc: Jim Parajon <jim.parajon@arlingtontx.gov>, Robert Shepard <robert.shepard@arlingtontx.gov>, “Dr. Robert Cluck” <robert.cluck@arlingtontx.gov>, Robert Rivera <robert.rivera@arlingtontx.gov>, Jimmy Bennett <jimmy.bennett@arlingtontx.gov>, Sheri Capeharts <sheri.capehart@arlingtontx.gov>, Lana Wolff <lana.wolff@arlingtontx.gov>
Subject: TX Statute 253.005 violation explanation

Jay regarding today’s Star Telegram

I left Jim Parajon that I expect someone to explain the mechanism for allowing this state law to be violated at tomorrow night’s council meeting.

Begin forwarded message:
From: Craig Adair <Craig.Adair@house.state.tx.us>
Date: December 19, 2011 12:31:16 PM CST
Subject: RE: Kim Triolo Feil posted on your Wall
Hi Kim,
Thanks for your post on Lon’s wall.  You raise an interesting question.
Given the context of the provision (the chapter deals with “SALE OR LEASE OF PROPERTY BY MUNICIPALITIES”), it appears that the prohibition only applies to wells drilled on municipally-owned land.  I asked our Legislative Counsel (attorneys on staff with the Legislature) to look into it, and after some research, they came to the same conclusion.  (See the attached AG opinion discussing Section 253.005, generally.)  They could not find, however, any other provisions in the code, previous court decisions, or AG opinions that mention the provision in question (Subsection (c)) or shed light on its applicability.  There is also no definition of “thickly settled part” of a municipality anywhere in Texas statutes.
I’m afraid the only way to get a more definitive answer would be for a court to rule in litigation.
Feel free to call me if you would like to discuss further.
Best regards,
Craig Adair
Chief of Staff
State Representative Lon Burnam
(512) 463-0740
From: Facebook [mailto:notification+atyttyf9@facebookmail.com]
Sent: Tuesday, December 06, 2011 11:52 AM
To: Lon Burnam
Subject: Kim Triolo Feil posted on your Wall
Kim Triolo Feil posted on your Wall.
“Lon can you tell me how urban drilling is being allowed when Texas state statue 253.005 exists that forbids cities to drill within a heavily settled municipality?”

This message was sent to lon.burnam@house.state.tx.us. If you don’t want to receive these emails from Facebook in the future or have your email address used for friend suggestions, please click: unsubscribe.
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About Kim Triolo Feil

Since TX Statute 253.005 forbids drilling in heavily settled municipalities, I unsuccessfully ran for City Council Seat to try to enforce this. Since Urban Drilling, our drinking water has almost tripled for TTHM's. Before moving to Arlington in 1990, I lived in Norco’s “cancer alley”, a refinery town. It was only after Urban Drilling in Arlington did I start having health effects. After our drill site was established closest to my home, the chronic nosebleeds started. I know there are more canaries here in Arlington having reactions to our industrialized airshed (we have 55-60 padsites of gas wells). Come forward and report to me those having health issues especially if you live to the north/northwest of a drill site so I can map your health effects on this blog. My youtube account is KimFeilGood. FAIR USE NOTICE: THIS SITE MAY CONTAIN COPYRIGHTED MATERIAL THE USE OF WHICH HAS NOT ALWAYS BEEN SPECIFICALLY AUTHORIZED BY THE COPYRIGHT OWNER. MATERIAL FROM DIVERSE AND SOMETIMES TEMPORARY SOURCES IS BEING MADE AVAILABLE IN A PERMANENT UNIFIED MANNER, AS PART OF AN EFFORT TO ADVANCE UNDERSTANDING OF THE SOCIAL JUSTICE ISSUES ASSOCIATED WITH EMINENT DOMAIN AND THE PRIVATIZATION OF PUBLIC INFRASTRUCTURE (AMONG OTHER THINGS). IT IS BELIEVED THAT THIS IS A 'FAIR USE' OF THE INFORMATION AS ALLOWED UNDER SECTION 107 OF THE US COPYRIGHT LAW. IN ACCORDANCE WITH TITLE 17 USC SECTION 107, THE SITE IS MAINTAINED WITHOUT PROFIT FOR THOSE WHO ACCESS IT FOR RESEARCH AND EDUCATIONAL PURPOSES. FOR MORE INFORMATION, SEE: HTTP://WWW.LAW.CORNELL.EDU/ TO USE MATERIAL REPRODUCED ON THIS SITE FOR PURPOSES THAT GO BEYOND 'FAIR USE', PERMISSION IS REQUIRED FROM THE COPYRIGHT OWNER INDICATED WITH A NAME AND INTERNET LINK AT THE END OF EACH ITEM. (NOTE: THE TEXT OF THIS NOTICE WAS ALSO LIFTED FROM CORRIDORNEWS.BLOGSPOT.COM)
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