Feil vs Chesapeake SC18172 TX Small Claims Chesapeake Nuisance Suit Jan 30-31 2013

8/7/12 video of Kim Feil speaking at the Arlington City Council meeting during Citizen Participation asking for BACT and not wanting stale odors in my neighborhood for Chesapeake Truman site…

“I live about 2.5 three blocks from the proposed Truman drill site. They drilled three wells they are scheduled to frack them 8/24 this is within 2500 feet of the Cowboy Stadium and theres no gathering pipeline yet for a green completion. I’ve been assured that they will frack and hold that water in the system. And the last time we held water under the ground was at the Lynn Smith drill site. They fracked in December and flowed back in March and Jean Stephens was sickened with this flow back and there was an awful odor and I think it might have been the biocides wore off. The bacteria flourished. And a manmade H2S occurred where she needed emergency personnel to attend to her.  I do not want this by the Cowboy Stadium. I do not want this in my neighborhood.”

 

 

 

Screen shot 2015-07-16 at 11.53.56 PM
Above incident report corrected 13-0002942

Note my interview video following the Bobcat Odor Event/health effects has comments on the youtube site about my trying to warn against stale water illnesses from a hard lesson (not) learned by Chesapeake regarding what happened almost a year earlier at the Lynn Smith drill site for a odor that caused Jean Stephens a violent vomit event in March of 2012.


—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: dusty.anderson@chk.com
Cc: aubrey.mcclendon@chk.com; AskChesapeake@chk.com; trey.yelverton@arlingtontx.gov; jim.parajon@arlingtontx.gov; collin.gregory@arlingtontx.gov; Jay Doegey <Jay.Doegey@arlingtontx.gov>; roger.venables@arlingtontx.gov; don.crowson@arlingtontx.gov; jim.self@arlingtontx.gov; joe.morris@arlingtontx.gov
Sent: Wednesday, August 22, 2012 10:21 AM
Subject: Will the Baker Hughs product “ADDFRAC” be used at frac operation near Cowboy Stadium?

Kim Feil

Dusy, I haven’t yet heard back from you on the below email and I do blind copy attornies with this eveidence of attempted communication in the event of an “event” they want to take my case, I have evidence of forewarning those that could have made the drilling operation safer for my family.
Since the March 2012 event at the Chk Lynn Smith site in Arlington that sickened Jean Stephens from “stale waters” flowing back, I do not want that happening in my neighborhood.
Fracking is scheduled for 8/24 and flowback is not scheduled until this fall when the gathering line is in place…..I was told the frac focus items being used was identical to the Forks 1H well and do not see the Baker Hughs product “ADDFRAC”.
Since 10% will be brine water, I worry the frac tanks may harbor elements that can send bacterial agents down the hole to fester and later come up as biogenic H2S gas production.  Chk did not answer my questions on the Lynn Smith site regarding water tests and what kind of water was sent down the well, so unless we learn from previous emission events…we are not being good neighbors and should not have the privledge to be drilling in urban areas.
Please advise as we are running out of time…idealy, you should have waited to frac once the gathering line was in. What was the hurry?
I can be reached at 817 274-7257

From: kim feil <kimfeil@sbcglobal.net>
To: dusty.anderson@chk.com
Cc: aubrey.mcclendon@chk.com; AskChesapeake@chk.com
Sent: Sun, August 19, 2012 5:32:45 PM
Subject: regarding the Truman drill site near Cowboy Stadium

Mr Anderson, I have submitted questions to askchesapeake and have not yet heard back…in fact over the last two years they have been silent on my concerns.
Since fracking is to start on August 24th (please verify that)…I understand the 3 wells will be fracked simultaneously and that nothing will be flowed back until this fall once the gathering pipeline is in.  Please verify the flowback date if possible.
My requests are…

1) preferably postphoning fracturing until the pipeline is established this fall so that flowback can occur right away. Flowback with stale water can sicken people as this has happened before last March at the Lynn Smith site.

2) protect the well by not holding back flowback…protect the formation and the productive life of our wells
3) we need scrubbers on the open hatch flowback tanks to be protective of public health; Vapor Point sells these.
4) voluntarily contact TCEQ for emission/epills that are less than the required Reportable Quantities. Currently 5,000 lbs it the RQ for most releases – this is not acceptable for URBAN DRILLING.
 
Mr Anderson, please call me or email me as I have worked full time almost 3 years now on finding loopholes on public protections near drilling. Once I became aware of how close this drill site is to our home, I have fought to get all the protections in place in time for my drill site that I am a couple of blocks from here by the stadium. I am grateful that the electric drilling rig was used, now I’m wanting to ensure the best emissions reduction technologies are used during fracking to keep the sand dust from leaving the site (if you have to water spray it down-please do).
 
 
Most importantly is getting scrubbers on the open hatch tanks during the well clean up phase (which is prior to connecting to the Green Completions equipment).
Please call me on this matter as our ordinance was written to be protective of public health, yet the well is INdirectly venting to the atmosphere via those open hatch flowback tanks.
Industry standard for URBAN drilling should include scrubbers for those open hatch flowback tanks…will Chesapeake rise to the occasion at this high profile drillsite and set the bar for other operators drilling in urban areas?  Once the price of NG goes back up and the drillers return to the dry gas areas, the last thing you need is public resistance because of the perception that little effort is being made to use best available emission control technologies….it is appropriate for me to ask for these scrubbers, please work with me on getting these approved.

Kim Feil

817 274-7257


What was in the odors that resulted in health effects claimed in the Entertainment District? Here are the MSDS sheets…one for drilling and one for fracking, some injection waters stay down to mix with the natural production waters and so biocides need to be used. David Poole, VP of Range Resources, told me of the Lynn Smith odor/vomit event that smell was probably biocides.  I think if you leave the water down there too long, the biocides wear off? and the water turns in to corrosive gas like man-man H2S.
MSDS list for Bobcat 1H fracturing operation …
Screen shot 2015-07-11 at 2.35.15 PM Screen shot 2015-07-11 at 2.35.25 PM Screen shot 2015-07-11 at 2.35.39 PM
And below is the MSDS video for this Chesapeake Truman Site (to include Bobcat 1H) drilling and maintenance operations …Per fracfocus, those three wells will be flowing back almost one hundred thousand gallons of frack chemicals of which about 12,000 gallons is naptha, and another 12,000 gallons is hydrochloric acid (which can liquify your lungs)
—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Karen Gleffe <Karen.Gleffe@chk.com>
Cc: Kyle Buchanan <kyle.buchanan@chk.com>; Sheryl Davis <sheryl.davis@chk.com>
Sent: Saturday, July 11, 2015 9:19 AM
Subject: Re: Feil v. Chesapeake – Motion for Summary Disposition
 
Under Texas Rules of Civil Procedure Part 502.5 (d) Rules of Practice in Justice Court, defendant’s Answer did not meet the 14 day deadline after being served back in January 2015.
Please advise if you wish to continue as such.

Kim Feil


—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Don Crowson <don.crowson@arlingtontx.gov>
Sent: Saturday, July 11, 2015 1:15 AM
Subject: report 13-0002942 has error
I copied you on Chesapeake’s response to my small claims nuisance suit ….they reference incident report that is incorrectly worded “she stated that she had no medical complaint”, and I have the full audio recording of Randy Fulton’s conversation with me on 1/31/2013 to prove this. In fact I have notes that my throat was raw when I was speaking to him.
Also, this emission event lasted longer than 10 hours…In the recording, I spoke about breathing an ammonia type odor for about four hours on 1/30/2013. Now I have a cataract and think this exposure event may have caused that.
Please have Randy correct his report. If you want to listen to the audio, I have it on youtube and can send you the listing.
Thank you for responding.
Kim

Timeline of Events for Kim Triolo Feil verses Chesapeake Energy Corporation ref case #18172

I, Kim Feil, of 409 N Elm St experienced a foul ‘mining for natural gas odor’ even with the windows and doors closed….not once but twice. First in my home on 1/30/13, and then the following day in my car. The source of the odor was the 1H Bobcat well at the Truman, Chesapeake drill site at 310 N Collins St in Arlington Texas during the “drilling out the plugs phase”.

When the odor came into my home, I moved my parrot into a back bedroom and searched under the house for source of odor that I imagined to be “cat urine / ammonia” since I had never smelled that odor before and because it burned my eyes. Here is a letter to the media…

From: Kim Feil
To: (media list)
Sent: Wednesday, February 20, 2013 9:05 AM
Subject: Drilling health effects on emission release Fw: Open Records Center Update :: W010437-020713
 
FYI this is a PIR response on the Chesapeake odor/emission event near the Cowboys Stadium on 1/31/2013.
 
My neighbor’s daughter said they lit some candles to chase off the odor in their home…I opened a north window and shut off the central unit….my mother-in-law smelled it with me (on 1/30/2013) and she immediately came down with a respiratory thing she is still fighting.”
 
 

When I was in my car, I just happened to be filming the drill site to see what stage it was in when I captured on film my (explicative) response to that “same odor” that was in my home the previous day. I have no question that this nuisance from the Truman drill site violated the enjoyment of my home and my car.

I came home and called 911 and they said they were already dispatched and that the City Gas Well Coordinator was on the scene.

I also called TCEQ and was told their State Inspector was already on the scene.


Here is City of Arlington Gas Well Inspector, Jessica Minley’s (formerly worked for TCEQ) field notes….“Noted burnt oil odor in air (strong offensive).”

Here is the fireman’s gas well incident form…

Screen shot 2015-01-05 at 4.43.35 PM Screen shot 2015-01-05 at 4.43.43 PM Screen shot 2015-01-05 at 4.44.00 PM Screen shot 2015-01-05 at 4.44.51 PM


Next is footage of my involvement and video testimony of employees in the area north of drill site….

During my conversation with the fireman, I was noticing my throat felt raw. Later I had chest pains that came on when viewing the open records of the terror caused to my neighborhood.  I took a “cry myself to sleep nap” and it took a few hours for the chest pains to go away.


Here is my neighbor’s  testimony of the odor and how it made her mother dizzy (the mom does not speak English)…

Had this been a gas release (raw natural gas is odorless) in lighting candles, there could have been an explosion.


Here is information on the incident reports – one AFD dispatch was almost 2 miles away from the Chesapeake site on incident report #13-0002926 ….

Screen shot 2015-01-05 at 5.18.29 PM Screen shot 2015-01-05 at 5.18.40 PM

Here is incident report #13-0002937  involving a MEDIC dispatch…

Screen shot 2015-01-05 at 5.14.26 PM Screen shot 2015-01-05 at 5.14.37 PM

Next is info on the main incident report #130002931 whose focus is on the Collins St Apartments….

Screen shot 2015-01-05 at 4.14.07 PM Screen shot 2015-01-05 at 4.14.12 PM Screen shot 2015-01-05 at 4.14.20 PM


And then here is my incident report# 130002942…

Screen shot 2015-01-05 at 4.21.07 PM


Here are the 911 calls on this odor event. The video footage is of the drill sites near state Hwy 360 that happen to be by schools, universities, and a water park…..


Here is the TCEQ report where no violation was found, yet the report states… “INVESTIGATOR EXPERIENCED A DECAYING MATERIAL ODOR DURING SAMPLING”.

http://www.tceq.state.tx.us/assets/public/implementation/tox/barnettshale/healtheval/acl/1302006.pdf

Screen shot 2015-04-11 at 12.27.00 PMScreen shot 2015-04-11 at 12.27.40 PMScreen shot 2015-04-11 at 12.28.05 PMScreen shot 2015-04-11 at 12.28.24 PMScreen shot 2015-04-11 at 12.29.20 PMScreen shot 2015-04-11 at 12.29.33 PMScreen shot 2015-04-11 at 12.29.44 PMScreen shot 2015-04-11 at 12.29.53 PMScreen shot 2015-04-11 at 12.30.06 PMScreen shot 2015-04-11 at 12.31.37 PMScreen shot 2015-04-11 at 12.31.42 PMScreen shot 2015-04-11 at 12.31.47 PMScreen shot 2015-04-11 at 12.31.56 PMScreen shot 2015-04-11 at 12.32.06 PMScreen shot 2015-04-11 at 12.32.11 PM

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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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