During the period of July 18, 2015 through July 27, 2015, the OSCs were evaluating the next steps to be conducted at the Site.  Air Monitoring using a handheld MultiRae was conducted 3-4 times a week within and outside the structure.  Inside the structure, %LEL was 0 at breathing level and VOCs ranged from 0 to 12.4 ppm.  Higher levels of %LEL (up to 25%) and VOCs (up to 56.4 ppm) were measured at the base of the well near the control head and casing.  Immediately outside the structure, %LEL was 0 and VOCs were less than 1.0 ppm.  %LEL and VOCs were zero in all other areas outside the structure.

Booms and pads were changed on Stackyard Run when needed.  Silver and rainbow sheen was observed during every monitoring event.  A brown material continues to collect near the boom area.  Initially the brown material was believed to be biological but upon further investigation appears to be a combination of brown oil and biological material.

On July 24, 2015, an estimated 600 gallons of crude oil was transported off-site to Central Ohio Oil Company in Columbus, Ohio for recycling.  The vacuum box was also picked up by the Adler Company.

On or about July 29, 2015, the OSCs finalized the next actions to be performed in order to move forward with a cement cap on the abandoned well including, but not limited to, assess the condition of the well bore at the current depth of 50 feet including the use of a camera to visually observe the side walls of the wellbore, continue to remove debris, sediment and liquids from the well hole as far down as practicable; and to place a cement plug in the well once an attainable depth is reached and approved by the OSC.  ERRs was issued a DWO to prepare for the work with a mobilization date of August 25, 2015.

On August 3, 2015, the 5 drums containing contaminated soil and debris were transported off-site to Cycle Chem, Inc in Lewisberry, PA for disposal.

On August 25, 2015, ERRS and its subcontractors (ERRS) mobilized to the Site.  ERRS arranged for delivery of a vacuum box and vacuum truck to the site.  ERRS staged all equipment on Site in a manner that would not impede traffic flow on Joan Street.

START also mobilized to the Site on August 25, 2015, and staged the Area Rea air monitoring equipment in a directional pattern of north, south, east, and west of the structure, in order to monitor vapor emissions from the structure towards all neighboring residents.  START utilized the existing perimeter air monitoring plan developed in July 2015 to monitor the community for any potential airborne health hazards during removal activities.  Area Rae units were utilized in order to monitor and screen for hazardous constituents in the air, including VOCs and benzene as well as %LEL. 

The OSC and ERRS discussed the plans for the week with the Property Owner.  The Property Owner recommended removing a wall from inside the apartment that would facilitate the construction and use of the A-frame pulley system that was used in place of a standard crane.  The Property Owner tasked his maintenance men to remove the wall from the apartment.  ERRS removed the previously installed well head and pressure control valve from the well.  Liquids were measured to a level approximately 11 feet below the top of the casing.  The vacuum truck was utilized to vacuum the fluids from inside the well.  ERRS began placing sections of PVC piping inside the well to act as a temporary casing while the vacuum was also used to excavate soil and packed debris from the inside of the well.  ERRS used a water drill to continue to break up the packed soil/concrete/debris that was inside the well. The water drill was fed into the well along with the hose from the vacuum truck.  The vacuum truck was operated in synch with the drilling mechanism.  As material was excavated from the well, PVC pipe was placed inside the well to prevent the sides of the well, where no casing existed, from falling into the hole and preventing the forward clean out of the well.  Throughout the day, air monitoring from the community AreaRae's did not record any levels of VOCs or %LEL above action levels, with the majority of the readings remaining at 0.  Two of the AreaRae units were temporarily offline while a technician repaired a faulty oxygen sensor and a faulty lamp.  Worker safety during site operations in the structure was monitored with a mobile MultiRae; VOCs in the breathing zone did not exceed 5ppm for a duration in excess of one minute and 0%LELs were noted during all operations.  Work was halted for the day when the vacuum truck that was on-site was unable to pull enough of a vacuum to pull material from the depth of the well and caused the truck to overheat.  Approximately 50 feet of temporary PVC piping had been placed during the day.  The placement of the 6 in PVC piping inside the wellbore negated the use of any camera work and the information/benefits that might have been obtained.

On August 26, 2015, work continued on the Site.  Upon arrival at the Site, ERRS and START noted that there appeared to have been a break-through in the well overnight.  The area around the well and the well itself had been flooded with an oil/water/gas mixture.  ERRS and their contractor utilized the vacuum truck (Turbo Vacuum Truck) and hoses to suction the water mixture from the well and from the area around the well.  Usage of the mobile MultiRae unit showed elevated LEL and VOC readings, but the readings were still below action levels noted in the site safety plans and the operating plans.  ERRS continued work by utilizing the vacuum truck and water drill to remove soil and debris from inside the well and installation of temporary PVC piping.  Blockage was encountered at several different depths.  At which time, ERRS used a system to lower and raise a 130 pound bit to help break up the blockage and then used the vacuum truck to clear debris.  AreaRae equipment was again set up in the community around the work Site.  Air monitoring from the community AreaRae's did not record any levels of VOCs or %LEL above action levels, with the majority of the readings remaining at 0.  Worker safety during site operations in the structure was monitored with a mobile MultiRae; VOCs in the breathing zone did not exceed 5ppm for a duration in excess of one minute.  At times, % LELs were detected inside the structure during operations and ventilation was increased.  ERRS had gained an approximate depth of 65 feet by the end of the work day.

On August 27, 2015, ERRS arrived on-site and reported that the well had not filled up with fluids overnight.  ERRS began work to continue to clean out the well.  START placed the perimeter Area Raes around the Site.  At approximately 0900 hours, work was stopped to move equipment for the garbage truck.  Once operations resumed, the well had filled with 14 feet of fluid which then had to be removed.  Progress on the cleanout of the well was slow during the day.  The temporary PVC piping was stuck on an obstruction around the perimeter of the wellbore.  The PVC piping could not be advanced after numerous attempts.  The vacuum truck continued to remove debris from inside the wellbore to an approximate depth between 70 to 75 feet.  There was a concern that the vacuuming was beginning to remove debris from the sidewalls and the wellbore could be collapsing.  It was determined that no additional progress could be made and ERRS was to prepare for placing the cement cap.  ERRS began looking for a cement truck for the following day.  Air monitoring from the AreaRae's did not record any levels of VOCs or %LEL above action levels, with the majority of the readings remaining at 0.  Worker safety during site operations in the structure was monitored with a mobile MultiRae; VOCs in the breathing zone did not exceed 5ppm for a duration in excess of one minute and 0%LELs were noted during all operations.

On August 28, 2015, ERRS arrived and began preparations to place cement inside the well.  While the vacuum truck was on-site, ERRS pressure washed the culvert walls to remove any oil residue.  Booms were placed at the end of the culvert and the vacuum truck collected the oil and water from the pressure washing activities.  The vacuum truck then removed all the fluids from the well and was demobed.  ERRS began mixing the cement utilizing a portable cement mixer.  ERRS used a mixture of 3 bags of sand to 1 bag of cement.  Prior to placing the cement inside the wellbore, ERRS poured one bag of bentonite inside the PVC piping and one bag of bentonite in between the PVC Piping and the well casing.  ERRS moved the PVC piping around to ensure that the bentonite moved to the bottom and coated the sidewalls.  ERRS began filling the wellbore with cement hand pouring the cement into the temporary PVC piping using 5 gallon buckets.  After an unspecified amount of cement was poured, ERRS pulled two sections of PVC piping and continued the process of pouring cement and then pulling sections of PVC piping for approximately 20 feet.  All of the PVC piping was pulled once the cementing process reached the 10 inch casing at approximately 50 feet.  ERRS then continued to fill the casing with cement using the 5 gallon buckets.  Approximately an hour after the cement was placed into the well, settling of the cement was observed inside the well casing to an estimated depth of 12 inches.  ERRS filled in the well with additional cement and placed any remaining cement around the outside of the casing.  The OSC and the Property Owner discussed filling in the excavated area around the well back to the surface of the existing slab.  ERRS was instructed to fill in the entire area with the remaining cement.  ERRS then beginning cleaning up the jobsite in preparation of demobing.

Air monitoring results from during the day on August 28, 215 included one occurrence when the VOCs exceeded the action level of 15 ppm for at least three readings on the AreaRae located north of the operations.  START immediately screened for benzene using Drager tubes; 0 ppm benzene was detected. ERRS was vacuuming fluids out of the wellbore when the peak VOCs were detections.  Exceedance of the VOCs did not extend longer than a period of two minutes.

At 1700 hours, bubbling in the cement was observed right above the area of the well head and was confirmed that gas was migrating up through the wet cement.  ERRS began excavating by hand the wet cement from around the well head and to a depth of an estimated 3 feet into the well casing.  Approximately 10 pounds of dry hydraulic cement was placed in the well to absorb any water and stop the bubbling.  The remaining 10 pounds were mixed with water and poured inside the well.  Waited approximately 30-45 minutes and confirmed that that the hydraulic cement hardened and stopped the migration of gas (observed no bubbling and no %LEL on MultiRae).  ERRS proceeded to fill the remaining well casing with hydraulic cement which extended over the control head casing.  Some bubbling was observed between the well head casing and the outer control head casing.  Additional hydraulic cement was packed into that area and after waiting an unspecified amount of time there appeared to be no further bubbling.  At that time, it was decided to finish the remaining area with the hydraulic cement and then the Portland cement.  The Portland cement was placed to level off the floor.  Bubbling began in two spots on the outer perimeter of the cemented area.   Decision was made to return the next morning to see if the cement had solidified and stopped the gas migration.

On August 29, 2015, ERRS and START met the Property Owner at the structure.  Gas was documented as mitigating from the two holes that had formed in the cement.  MultiRae readings recorded a 9% LEL and VOCs of 11.8 ppm.  ERRS and START demobed. 

The OSCs began discussions on the next steps based on gas continuing to migrate now that a cement cap was placed in the well.  The OSCs also began conducting an evaluation as to why the cement cap is allowing gas migration.

On September 9, 2015, ERRS mobilized to the site and removed the cement that was placed around and within the top few inches of the well casing.  By removing the cement, the OSCs’ objectives were to determine if the gas is migrating from within the well casing or from behind the casing.  Operations began to remove the cement.  Observations included that the top 1-2 inches of Portland cement was solid but was not completely set.  The hydraulic cement located below the Portland cement did not appear to have set as expected.  The hydraulic cement was compacted but crumbled when removed.  Water was poured into the well after removing the top 2 inches of hydraulic cement from within the well casing.  Bubbles and a sheen were observed indicating that gas and oil are migrating up through the cement cap.  After the water was poured in the well, the water level was observed for approximately an hour and it did not change significantly.  This could indicate that the hydraulic cement is providing some type of impervious layer for liquids but not gas.

With the presence of gas migration inside the well casing, ERRS welded a metal plate inside the well casing.  The metal plate included a ½ inch nipple which would allow for piping to be attached as part of a vapor mitigation system or capped off to provide a closed system.  A cap was placed on the nipple to provide a closed system to evaluate if there was any additional gas migration outside of the well casing.  Shortly after placing the cap on and creating a closed system, there were no bubbles coming up from within the well casing or around the nipple.  Bubbling was observed coming up from around the perimeter of the outer control head casing.   Bubbling was also observed in one location within cracks in the cement floor of the culvert.  MultiRae readings showed 13% LEL, VOCs at 31.9 ppm and H₂S of 4 ppm at the bubbling inside the culvert.  The cap was then removed from the nipple and temporary tubing was placed on the nipple and the well was vented to the outside for the evening. 

On September 10, 2015, the OSC and ERRS returned to observe the conditions of the well with the metal plate attached and the well venting to the outside.  There was no bubbling inside the well casings and only a slight odor in the structure.  MultiRae readings showed 0% LEL and VOCs at 5.3 ppm.  Bubbling was observed in same location within the culvert but difficult to evaluate if it was more or less due to rain overnight and faster flow of water.  MultiRae readings showed similar levels as the previous day.  A pressure gage was placed on the nipple and pressure stabilized at 5 psi in approximately 2 hours.  Oil seepage continues on the culvert wall and from cracks in the walls and near the floor of the culvert.  A rainbow and heavy silver sheen still observed exiting the culvert.  The booms and pads continue to collect some oil.

The pressure gage was removed from the nipple and the temporary tubing was placed back on and ran out the window and through the initial passive mitigation system piping which vents above the roof line.  MultiRae readings showed 0% LEL and VOCs ranging from 1.5 to 2.5 ppm within the unit.  ERRS and the OSC demobed. 

The OSC will continue to conduct periodic air monitoring while installation of a vapor mitigation system in being evaluated. 

2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)

The OSC continues evaluation of available information.  There is no specific map of the oil facility along Joan Street.  A Sanborn fire insurance map from 1922 shows several wells along Joan Street likely including the subject well.  A geologic map from 1968 shows that all wells near Stackyard Run are abandoned.

Through a courthouse deed and lease search, the well was found to exist on Lots # 4 and #5 alongside Stackyard Run.  

A facility is described to mean any structure, group of structures, equipment, or device which is used to explore for, drill for, produce, store, handle, transfer, process, or transport oil.

The owner / operator is defined (very simply) to be the owner or operator of a facility including any person owning or operating the facility.  The owner or operator of any abandoned facility is the person who owned or operated the facility immediately prior to its abandonment. 

For an on-shore facility, the Responsible Parties are any persons owning or operating the facility (except for a government owner transferring rights under a lease agreement).  For an abandoned facility (2701(32)(F)), the responsible party is the person who would have been responsible immediately prior to abandonment.

The OSC has conducted effort to identify potentially Responsible Parties for this incident to the extent practicable.

A lease agreement executed May 28, 1910 between Hilton (lessor) and Seybold (lessee) contained, among other things, the following terms and conditions:

1.      One year term and as much longer as oil or gas is found in paying quantities.

2.      A requirement to drill a well within 4 months.

3.      1/8^th part or share of the oil to be paid to the lessor.

4.      The right for the lessor to drill and operate for oil, lay and maintain pipelines, and build structures.

5.      The right to remove, at any time, any machinery, structures, or fixtures placed by the lessor.

All terms and conditions of the lease extend to the heirs, successors, executors, administrators, and assigns of the two parties.

An oil well (“the well”) was installed at the incident location (along Joan Street adjacent to Stackyard Run) sometime prior to June 1911 as referenced in a document conveying 3/4^th interest in the producing well from Seybold (lessor) to Octo Oil Company .   The remaining 1/4^th interest was conveyed to Octo Oil Company in 1913.  The well was subject to the rights, terms and conditions of the 1910 lease agreement. 

The well was part of an on-shore oil and/or gas production facility (“on-shore production facility”).  Other wells which were part of the on-shore production facility were subject to the terms and conditions of other lease agreements.  In 1916, the Octo Oil Company conveyed several wells and the rights under several lease agreements (including the well and relating 1910 lease agreement) to Glenwood Oil and Gasoline Company.

A map of the area dated 1922 depicts several wells along Stackyard Run.   A trustee of the Glenwood Oil and Gasoline Company conveyed the real and personal property of Glenwood Oil and Gasoline Company to A. Schmidt in 1923.  The conveyance included wells and equipment and leases covering several different pieces of land (owned by different landowners), a gasoline plant and station, and several parcels of land.

The primary terms of the various leases and agreements relating to the on-shore production facility were expired by 1921.

In 1923 and 1925, Schmidt sold parts of the former Glenwood Oil and Gasoline Company property (specifically identified as certain parcels of land) to others.  The well is located on one of these parcels.

A map dated 1968 identifies several abandoned wells in the area of Stackyard Run indicating the abandonment of the on-shore production facility (no official record of such activity was required by the State prior to 1929).  The facility was likely abandoned by the early 1920s as the area became a part of the City of Wheeling and was developed for residential use.  Additionally, the primary lease terms and agreements providing the rights to operate for oil along Stackyard Run were expired by 1921.

Documentation to verify the ownership and operational status of the well is scant.  Records were not required by the State until 1929.  The State of West Virginia Department of Environmental Protection (“WVDEP”) considers the abandoned well oil and/or gas well to be an “orphan” well (e.g. no known or otherwise viable owner/operator).

The well was identified as a producing well in 1911 and was passed to an oil company (Glenwood Oil and Gasoline Company) that may have operated the well in 1916.   The Glenwood Oil and Gasoline Company sold its properties through a trustee in 1923 and that is the likely time period during which the well and the relating on-shore production facility were abandoned.  Other wells in the area have been found to be properly plugged indicating proper actions by the owners/operators.  Wells in the area of Stackyard Run are identified as “abandoned” on a map produced in 1968.  In any event, a building was constructed on top of the remains of the well in 1964 indicating that the remains of the on-shore production facility had already been removed from the land by 1964.

The OSC concludes that the Glenwood Oil and Gasoline Company was likely the last owner/operator of the well/facility and that A. Schmidt was the last specific documented owner of the well/facility (likely abandoned).  The OSC concludes that these entities are potential Responsible Parties.  Glenwood Oil and Gasoline Company no longer exists.  A. Schmidt is deceased.  Persons identified in the will of A. Schmidt are deceased.  The OSC was unable to send a notice to suspected discharger to these entities.

A multi-unit residential structure was constructed over the location of the well in 1964.   Neither the abandoned well nor the abandoned on-shore production facility were appurtenant to the multi-unit residential structure based upon direct observations by the OSC (i.e., not physically or obviously connected in any way).  A formed and poured concrete slab was installed as the foundation for the multi-unit residential structure and this slab was poured directly atop and a few inches from the top of the well providing no access thereto.  The well was abandoned at some point in time prior to the construction of the structure used for residential purposes.

The abandoned well was located within the perimeter of the formed and poured concrete slab.  At the time of the forming and pouring of the concrete slab, the well casing may have been exposed and visible at, above or below the ground surface.  A 6-inch diameter pipe was found below the slab of the building running from the location of the down-gradient side of the abandoned well to (and through the wall of) a box culvert surrounding Stackyard Run.  This pipe may have served to divert any fluids from the well towards and into the nearby perennial stream (a/k/a Stackyard Run; note that the pipe was found without protection and full of dirt and debris as well as oily material).   

The abandoned well is currently discharging oil into Stackyard Run and releasing oil and natural gas into the multi-unit residential structure.  The oil migrates up the well and from unknown locations adjacent to the well (likely a compromised casing) and into the surrounding soils between the well and Stackyard Run.  Some oil also somehow enters the pipe and directly discharges to Stackyard Run. Stackyard Run is a navigable waterway of the United States.

The Person(s) who performed the construction of the multi-unit residential structure, were also likely aware of the existence of the abandoned well.  The slab of the building and the soil drainage pipes from the building are very close to the position of the well.   A section of 6-inch diameter pipe (unknown purpose) was also found running from immediately adjacent to the well (although not connected) towards and through the wall of a box culvert surrounding Stackyard Run.  It appears that the 6-inch diameter pipe may have once served to carry fluids from the location of the well towards Stackyard Run.  This pipe was placed before the slab of the building was poured although there was no precautions taken to assure the pipe remained open resulting in dirt, debris and concrete to be located within.  The 6-inch pipe is not a part of the foundation of the building. 

The constructors of the building in 1964 were likely the last persons to have seen the well prior to it being discovered under the slab of the multi-unit residential structure.  The Person(s) who poured the concrete slab and who may have placed the 6-inch diameter pipe, may have information relating to the abandonment of the well and may have conducted a deliberate action to divert or discharge fluids from the well to Stackyard Run and/or to otherwise fill the wellbore with debris.   The Karnell Company was dissolved in 1967 and its owner, and owner of the subject property on which the building was constructed (N. Karnell) is deceased.  The OSC is unable to send Karnell Company or its owner a notice of suspected discharger.

The property was held by a trust benefitting the wife of N. Karnell until 2003 when it passed to a relative and his company.  The property then passed in 2009 outside the Karnell family.

The current owner of the land and the multi-unit residential structure (since 2011) became aware of the problem(s) associated with the abandoned well sometime in 2013 as oil entered the residential building.  The OSC initiated a preliminary assessment in January 2014.  After investigations suggested the potential for a leaking oil well under the building, the owner of the multi-unit residential structure broke through the concrete slab around the perimeter of the well on the advice of the OSC.  The well was then verified.  The owner, with the advice of the OSC and WVDEP, installed a ventilation system to exhaust volatile organic compounds (VOCs) from the well to locations outside the structure to reduce the chance of fire and explosion.

The current owner of the land and multi-unit residential structure states that he was unaware of an oil well on the property until discovered under the building in 2014.  There is no record of the well with the WVDEP.  The deed records for the property do not mention an oil well, oil activity, or relating reservations since 1925.  The well was not mentioned in a title search relating to the property.  The structure has been built over the position of the well since 1964.  The last persons to have likely seen the well were those that constructed the building in 1964.  The OSC does not conclude that the present owner of the structure was an owner or operator of the well or facility defined to be the structure, group of structures, equipment, or device used to explore for, drill for, produce, store, handle, transfer, process, or transport oil.
2.1.4 Progress Metrics