An Ohio fracking well leaked waste for years; a panel tied to the gas industry is supposed to regulate that: The Wake Up for Monday, April 22, 2024

K&H wells

A photo of one of three K&H wells that the Ohio Department of Natural Resources determined were leaking potentially radioactive fracking waste.Mike Quinn

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I wrote these lines for The Plain Dealer in 2009:

“The panel that rules on disputes between homeowners and the oil and natural gas industry consists of five members, all tied to the industry. By law, the Ohio Oil & Gas Commission is made up of an attorney, two industry representatives, a geology expert and a public representative, all appointed by the governor to five-year terms.”

Fifteen years later, little has changed – except now, of course, drillers can frack in state parks.

Reporter Jake Zuckerman found that that Ohio Department of Natural Resources in June ordered a driller to halt all operations at Athens County fracking injection wells that leaked toxic waste deep into the ground. Continued operation posed “an imminent danger to the health and safety of the public and is likely to result in immediate substantial damage to the natural resources of the state.”

But by early October, the Oil and Gas Commission stayed that suspension order, with zero explanation. The company kept working and the wells kept leaking.

On Friday, the commission reinstated the order, requiring the company to stop.

ODNR now aims to monitor 33 water wells within a half-mile radius of the fracking wells, but the company is not required to pay for any mitigation.

With 235 active Class II injection wells in Ohio, and a push to drill in state parks, we all should be paying attention.

— Laura

Overnight Scores and Weather

Guardians vs. Oakland Athletics: Guardians sweep Oakland as Josh Naylor delivers another big hit in 6-2 win

Northeast Ohio weather forecast: Plenty of sunshine

Top stories

Oil and gas: Injection wells the state allowed to operate for more than six months after a state regulator deemed them an “imminent danger” to Athens County and its people now must stop pumping fracking waste deep into the ground. The order suspending operations of the three wells leaking the waste into the surrounding area had been on hold since October, when the panel of gubernatorial appointees shelved the order from the Ohio Department of Natural Resources. Jake Zuckerman explains the problem years in the making.

Dementia factors: Exposure to high levels of nitrogen dioxide in the air was named as one of three “modifiable” factors that can also have a significant impact on dementia, reports Gretchen Cuda Kroen. Fortunately, the Cleveland area is in pretty good shape when it comes to nitrogen dioxide emissions, as the area has not exceeded the EPA’s non-attainment standard at any time over the past 10 years.

Pot at bars: Despite 57% of Ohio voters casting ballots to legalize adult-use marijuana last year, the drug is still considered a controlled substance under federal law, which means it’s prohibited in bars and restaurants. Laura Hancock reports liquor permitholders can receive a state administrative citation if caught.

Today in Ohio: Democrats would likely be successful in court if they sue to block a state law that could prevent President Joe Biden from appearing on the ballot here. We’re talking about legal experts’ analysis on Today in Ohio, cleveland.com’s daily half-hour news podcast.

Statehouse and Politics

Federal child care subsidies are set to expire

Ohio officials and lawmakers are ramping up movement to try to address the state's child care crisis. But it still remains to be seen if and when they'll pass a permanent fix, which will almost certainly require more state spending.

Child care momentum: Despite the increased attention given to addressing Ohio’s child care problems, it still remains to be seen what, if anything, state leaders will do to fix them in the long term. Jeremy Pelzer reports it’s not yet clear whether lawmakers will approve substantially more state money for child care, a step that most agree is needed to seriously address the problem.

Child care grants: Child care centers now can apply for new state grants meant to boost the availability of care around Ohio. Gov. Mike DeWine announced during his State of the State address last week that he was launching an $85 million grant program that would create new child care programs or expand existing ones, repair child care center buildings and pay for more training to support children with special needs.

National Guard: Gov. Mike DeWine is objecting to a U.S. Air Force plan to switch Air National guardsmen to the U.S. Space Force. Sabrina Eaton reports that DeWine sent a letter to President Joe Biden that objects to a legislative proposal from the Department of the Air Force that would transfer several hundred Air National Guard personnel in seven states, including Ohio, who perform space-related functions to the Space Force.

Ukraine help: Before her retirement last year, former Ohio Supreme Court Chief Justice Maureen O’Connor spent more than 20 years on Ohio’s highest court. Now Andrew Tobias reports O’Connor is helping Ukraine improve theirs as government leaders there, even amid the ongoing war with Russia, aim to establish closer ties with the rest of Europe.

Water rant: A Northeast Ohio appellate court reversed a conviction of a man convicted of harassing city employees in a vulgar rant after the city cut off his water, reports Jake Zuckerman. Matthew Golga called the city of North Ridgeville eight times over 26 minutes after the city halted his water service for nonpayment. During the calls he screamed, cursed and demanded someone restore his water.

Northeast Ohio News

Forever chemicals: The Cleveland Division of Water will begin testing for forever chemicals in public drinking water later this year using improved technology for detecting the harmful contaminants, reports Peter Krouse. Of the 66,000 public drinking water systems in the country that will be governed by a new EPA rule, 6% to 10% of them “may have to take action” to meet the new standards.

Performance Center: The Cleveland City Planning Commission had warm words Friday for the latest iteration of designs for the Cleveland Clinic Global Peak Performance Center proposed by Bedrock, the real estate company headed by Cavaliers-owner Dan Gilbert. Steven Litt reports the commission voted unanimously, 6-0, to approve updated “schematic” plans as part of a multi-step process toward construction of the project.

Open street: West 29th Street at Church Avenue in Cleveland’s increasingly vibrant Hingetown neighborhood has become a crossroads for concerts, flea markets, dog walkers and families with young children. Steven Litt reports the city of Cleveland wants to explore turning at least part of the intimately scaled roadway into an “open street,” which means closing it to vehicles part or all of the time and installing amenities, including street furniture.

Naxolone: Ohioans’ lives were saved more than 20,000 times last year because they had access to naloxone, the drug often referred to as brand name Narcan, that has the power to quickly reverse an opioid overdose. Hannah Drown reports new data from the Ohio Department of Health shows that distribution of naloxone kits increased by 42% in 2023, putting more of the life-saving drug in the communities that need it most.

Kids garden: The Hershey Children’s Garden at the Cleveland Botanical Garden is getting a new treehouse. Hannah Drown reports the new version will look similar to the original and retain some of its most popular elements, while adding new opportunities for play and exploration, including a climbing structure, a floating dock design that looks like a lily pad, an expanded lower section that includes hidden areas where the children can explore and new views from the second floor, looking out over the pond.

CWRU protest: Students and staff at Case Western Reserve University protested in solidarity with Palestine as hundreds of prospective students toured the school during an open house event Friday. Molly Walsh reports that as families of high school students walked around campus, students accused the school’s president, Eric Kaler, of creating a hostile environment for his stance on Palestine and his suspension of the chapter of Students for Justice in Palestine.

Produce Perks: A program that offers free fruits and vegetables to low-income families returned to the West Side Market over the weekend, Courtney Astolfi reports.

Healthcare and Business

CLE hotels: The average price of a hotel room in downtown Cleveland approached $400 on a couple of nights this month, thanks to both the NCAA women’s basketball championship and the total solar eclipse. Susan Glaser reports that unlike early predictions, Cleveland-area hotels were not completely sold out -- although they were nearly so.

Unemployment: Ohio saw its unemployment rate, its total number of jobs and the number of people looking for work rise in March, reports Sean McDonnell. Ohio’s unemployment rate increased to 3.8% in March, up from 3.7% in February.

Family Dollar: Family Dollar had about 460 stores in Ohio. In the Cleveland area, seven stores are closing, reports Sean McDonnell.

El Carnicero: After 11 years of business, El Carnicero in Lakewood will close for good after one final Cinco de Mayo celebration. Alex Darus reports owner/chef Eric Williams shared the news on Facebook. He is closing the Lakewood location to focus his time on Momocho in Cleveland.

Flu season: The country can breathe a collective sigh of relief as flu activity wanes from coast to coast. Flu season is drawing to a close and indicators of flu are falling steadily. In Ohio, flu activity was assessed as moderate just two weeks ago, but dropped to low last week and this week was classified as minimal, reports Gretchen Cuda Kroen.

Crime and Courts

NBA2K: A jury on Friday sided with the makers of the popular video game series “NBA2K” over its use of two tattoos inked on LeBron James by a Cleveland Heights tattoo artist. Adam Ferrise reports the jury found Take-Two Interactive Software did not infringe on Jimmy Hayden’s copyrights when it replicated two tattoos on the video-game avatar of the Akron-born basketball superstar. Jurors took 90 minutes to deliver a verdict after a five-day trial in federal court in Cleveland.

Swatting charge: A Cleveland man is facing a felony charge after Lakewood police say he falsely claimed to have been robbed at gunpoint earlier this month. Devin Townsend told police that someone he knew stole money and a gun from him, but police say the person did not hold him at gunpoint, reports Cory Shaffer.

ATM stolen: Huntington Bank temporarily closed its branch on Buckeye Road two months ago, citing crime near the office. It left one thing open: its ATM. Thieves stole it Wednesday.

Drug surge: A federal prosecutor in West Virginia said the northern part of the state is getting a “surge” in drugs from Cleveland-area residents accused of dealing cocaine and heroin, Adam Ferrise reports. U.S. Attorney William Ihlenfeld identified the issue while announcing federal drug charges against 10 Northeast Ohioans, including five each from Cleveland and Akron.

Arts and Entertainment

Rock Hall inductions: The 2024 inductees into the Rock and Roll Hall of Fame were announced Sunday night on “American Idol” and it’s a star-studded list, with Cher, the Dave Matthews Band, Foreigner, Kool & The Gang, Mary J. Blige, Ozzy Osbourne, Peter Frampton and Tribe Called Quest honored in the Performer category, Malcolm X Abram reports.

Taylor Swift Day: On Friday afternoon in Cleveland, Taylor Swift Fan Day was about a celebration. The Rock and Roll Hall of Fame welcomed area Swifties on Friday to celebrate the pop superstar’s latest album, “The Tortured Poets Department,” Malcolm X Abram reports.

Arts prize: Cleveland Arts Prize has appointed Effie A. Nunes as executive director, reports Marc Bona. Nunes, who has served on the CAP Board of Trustees for seven years, had been interim executive director since April 2023.

Unbridled fundraiser: Chef Chris Hodgson and Scott Kuhn of Driftwood Hospitality will lead the Chefs Unbridled fundraiser for Fieldstone Farm in late summer. The event will be held at 6 p.m. on Sept. 7 at the Chagrin Valley Hunt Club Polo Field, reports Paris Wolfe.

Josh Duke: Over these past few weeks, we’ve introduced you to your “Dine Drink CLE” team here at cleveland.com and The Plain Dealer. This week, we turn the spotlight to the co-host of the weekly “Dine Drink CLE” podcast and social media “man on the street” for all things fun and cultural. We’re talking about Josh Duke.

Aladdin’s anniversary: Aladdin’s Eatery is celebrating its 30th anniversary this year. Owners Fady and Sally Chamoun opened the first Aladdin’s in Lakewood on April 15, 1994, and have built the chain into a regional favorite, with more than 30 restaurants in multiple states, reports Alex Darus.

You’re all caught up

Don’t forget, you can always find the latest Cleveland news by visiting cleveland.com. If you value the hard work of Cleveland journalists, consider becoming a cleveland.com subscriber.

— Curated by Laura Johnston with contributions by Cliff Pinckard

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