Marietta council weighs legal challenge after ODNR issues injection‑well permit for Deep Rock site

Marietta City Council met on Sept. 18, 2025 to consider measures responding to an Ohio Department of Natural Resources permit issued Aug. 28 for the Stefan (Stephen) No. 1 Class‑2 injection well proposed by Deep Rock Disposal Solutions. Law Director Bertram presented two items: Resolution 79 to establish an ad hoc injection‑well task force and Resolution 80 to authorize and direct the law director to prosecute or defend suits related to the permit and, if necessary, hire outside counsel and supporting experts.

Bertram told council that Resolution 80 ‘‘authorizes and directs the law director to engage, if necessary, outside counsel and supporting experts’’ and said he did not include Earthjustice in his draft because he ‘‘did not like what the agreement said’’ and had concerns about Ohio ethics rules. He told the council he wants the authority and funding in place so the city can retain counsel and experts if litigation is required.

The council president summarized the city’s filings and public records research: the city filed an objection/comment letter on Aug. 8 signed by nine elected officials, and ODNR’s combined response denied a requested public hearing and, the president said, failed to address several technical and legal objections. The president read a chronology of inspection reports and alleged regulatory failures — including cited instances of annulus‑pressure gaps, reported brine migration at nearby wells and historical shutdowns — and said those records give the city ‘‘great cause for concern.’'

Several council members and residents said those records and public‑records searches raised questions about Deep Rock’s operations and financial fitness. The council reviewed public‑court filings and tax‑lien records that, the council said, include a 2017 civil complaint and multiple tax‑lien cases filed since March 2025. The chair read a letter from a third party opposing outside counsel choices and urging support for local energy development; Councilor O’Neil responded with a prepared statement saying council action is about protecting water and public health, not partisan politics.

Residents at the public‑comment period urged caution and monitoring. Jessica Archer, who identified herself as an environmental professional, warned that ‘‘the fracking product contains compounds like PFAS . . . These are compounds that bioaccumulate’’ and noted that private‑well and municipal testing do not cover all possible contaminants and that some compound tests can cost ‘‘$500 to $1,000 a sample.’' Dawn Hewitt urged a moratorium on injection wells in Washington County (acknowledging the council lacks direct authority) and asked how detected contamination would be stopped. Marietta Water Superintendent Steve Eddie announced a source‑water protection grant that will be available Nov. 3 and said the city plans to drill monitoring wells in January–February 2026, with the grant reimbursing eligible costs through the Ohio EPA/source‑water program.

No formal vote on Resolutions 79 or 80 occurred during the meeting. Bertram said the council would need to provide funding if the city is to hire outside counsel and experts; the draft of Resolution 80, as presented, directs the law director to take necessary legal steps and declares an emergency. Separately, the council moved, seconded and approved the minutes of the Sept. 4 meeting earlier in the agenda.

The council did not resolve whether it will immediately commit city funds for litigation. Next steps signaled at the meeting included further council discussion of the two resolutions, the proposed creation of the ad‑hoc task force, and proceeding with monitoring well installation and baseline sampling in early 2026.