Posts Tagged ‘Lehman Township’

By Elizabeth Skrapits (Staff Writer)
Published: August 4, 2010

WILKES-BARRE – The Luzerne County Zoning Hearing Board on Tuesday night approved new natural gas wells and a facility for processing the gas, but added safety conditions.

Zoning hearing board members William Harris, Anthony Palischak and Chairman Lawrence Newman unanimously granted Encana Oil & Gas USA Inc. conditional use to drill five natural gas wells in an agricultural zone on the 4-P Realty property on Loyalville Road in Lake Township, as well as a natural gas processing facility that would include a compressor station and a radio tower.

Among the conditions the board imposed, Encana will have to determine whether the county’s emergency responders will be able to handle problems at the site, and to draw up a contingency plan to share with all concerned.

Encana will have to mitigate noise, light and dust at the site, as well as provide a traffic control plan, bond all county and municipal roads, and consider safety measures for school buses, such as having flagmen at bus stops.

The board also granted conditional approval on Encana’s request to drill three wells on the Kent North site at 208 State Route 118 in Fairmount Township, and two wells on the Kent South site at 27 State Route 487 in Fairmount Township.

The commissioners’ meeting room at the courthouse was jammed with people, many of whom expressed opposition to natural gas drilling.

Zoning hearing board Solicitor Stephen A. Menn repeatedly stressed that the state Oil and Gas Act does not allow local officials to regulate most aspects of natural gas well drilling, including how it is done and water use and protection.

“In what ways has the Oil and Gas Act tied your hands?” Factoryville resident Patrick Walker asked.

“Health, safety and welfare issues,” Menn said.

Like with methadone clinics and adult entertainment, zoning cannot exclude natural gas drilling, according to Menn.

“Drilling is a legal use. You have to put it somewhere,” Menn said.

The place people should seek change is Harrisburg, in laws passed by the General Assembly.

“I think it is an absolute horror, I think this is a version of fascism, that this power has been taken away from you,” Walker said.

Several residents questioned safety issues, such as the 6,800 additional trucks on the road throughout the well drilling process.

Lake-Lehman Transportation Coordinator Sandy Dobrowolski, speaking on her own behalf, expressed concern about the school buses being on the roads at the same time as the heavy traffic at the site.

Paul Ungvarsky, who lives on Loyalville Road about a mile from the 4-P property, asked if something could be done to ensure trucks don’t speed on the road. Encana Community Relations Adviser Wendy Wiedenbeck said it seemed like a reasonable request.

Ungvarsky also wanted to know what would happen if a property isn’t leased. He said his isn’t.

“If it’s unleased, we cannot drill under it,” Encana Operations Engineer Joel Fox said.

Linster added that Encana has “quite a bit of room to work with” on the 4-P site.

Mike Patrician of Clarks Summit, one of the 4-P property owners, spoke on Encana’s behalf, saying he had talked to five different companies at length about leasing.

“People are not all the same, gas companies are not all the same,” he said. “Encana has a stellar reputation in the industry.”

Gary Ide, who has leased his Lehman Township property, also defended Encana, stating that leaseholders were “extraordinarily impressed” with the company.

But Gene Stilp of Dauphin County, in referencing Patrician’s comment, said: “People are different, companies are different – frack water is pretty much the same.”

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizens Voice 

By Elizabeth Skrapits (Staff Writer)
Published: August 2, 2010

JACKSON TWP. – Just as individual property owners are testing their drinking water wells before natural gas drilling starts, Pennsylvania American Water Co. has established a baseline to ensure nothing affects the quality of water the company provides to its thousands of customers.

After giving The Citizens’ Voice a tour of the Ceasetown Reservoir’s filtration plant last week, Pennsylvania American Water representatives explained what the company is doing to augment its water quality monitoring to prevent contamination from natural gas drilling.

Although no gas wells are planned near the Huntsville or Ceasetown reservoirs in Jackson and Lehman townships, Encana Oil & Gas USA Inc. has leased mineral rights to land close to both reservoirs and is preparing to drill an exploratory well in Lake Township, not far from the Lehman Township border.

Pennsylvania American Water Production Manager Mark Cross said the company has met with Encana and showed the gas company maps to indicate where the reservoirs’ watershed is and where future drilling activity could affect them.

“We had a lot of conversations with them to say this is a concern to us, and we need ongoing communication, and we need to know what your plans are,” he said.

Pennsylvania American Water also shared its watershed maps with the state Department of Environmental Protection, Cross said. Although there is no legal requirement to notify water companies when drilling permits are issued, DEP will take the watershed maps into consideration, and Pennsylvania American Water is also keeping up “ongoing dialogue” with the state agency, he said.

“Our focus is we want to know what’s going on out there, we want constant communication, we want to know what is in place out there, what their mitigation measures are, what spill control and response plans they have,” Cross said. “And it’s worked very well. They’ve been very cooperative, both DEP and Encana.”

‘Constantly monitored’

When people in Ashley, Conyngham Township, Courtdale, Edwardsville, Hanover Township, Hunlock Township, Larksville, Nanticoke, Plymouth, Plymouth Township, Pringle, Salem Township, Shickshinny and Wilkes-Barre City turn on their taps, the water probably comes from the Ceasetown Reservoir, which is fed by Pikes Creek.

Pennsylvania American Water’s 70,000 customers served by the Ceasetown Reservoir have their water treated at a facility in Jackson Township. A similar facility treats the water from the nearby Huntsville Reservoir, which serves about 29,000 customers. Huntsville serves Dallas, Kingston Township, Swoyersville, West Wyoming and Wyoming.

The “raw water” from the reservoir is piped into the facility in a 42-inch main, where chemicals are added to coagulate the small particles and make them easier to remove, Cross said.

The water then goes through a series of filters, which include irregularly shaped plastic beads that gather impurities, and layers of sand and gravel. The water is treated with chlorine to disinfect it and lime to adjust the pH level, then it is sent to a series of storage tanks and pump stations for distribution to customers.

Ceasetown’s facility handles a normal flow of 9 million gallons a day, Plant Supervisor Sean Sorber said. During droughts, Harveys Creek is used as an emergency source, but that hasn’t been necessary for about 10 years, Cross said.

“Ceasetown Reservoir is a very good source, very good quality,” he said.

Cross said the water is “constantly monitored” at the plant, and physical tests are done in its lab. A sink in the lab has a series of specialized faucets, each pouring water in a different stage of treatment. Every shift at the plant runs a minimum of two series of 15 tests – about 100 a day – Sorber said.

Because of impending natural gas drilling, Pennsylvania American Water instituted an additional set of parameters, Cross said.

Several months ago full baseline testing started at Pikes Creek, Harveys Creek, the Huntsville Reservoir in several locations, and the raw and treated water at the Huntsville and Ceasetown plants, he said. The water is tested at the plant and in the watershed for substances including volatile organic compounds, methane and total dissolved solids – extremely tiny particles of minerals or organic matter.

“We ran a full series of baseline tests – VOCs, metals, methane – on all of the sources in this Luzerne, Lackawanna and Susquehanna county area that are subject to any possible drilling,” Sorber said. “So we have a good baseline of what we currently have, and those tests will be run periodically also, as activity increases.”

Conductivity tests are one way to measure the amount of total dissolved solids, or TDSs. Changing levels of TDSs could signify a lot of things, including the water is being affected by natural gas drilling. Sorber took a sample of untreated water from one of the faucets and placed a probe in the plastic cup, then checked the meter. It was normal.

“If we see something jumping up, that will be an indication for us there’s something going on. It’s a very straightforward test,” he said.

Besides monitoring and testing, Pennsylvania American Water is active in trying to get Pennsylvania legislation changed, according to PAWC Communications Director Terry Maenza.

Two things the company would like to see changed are adding a requirement for drinking water utilities to be notified of any nearby natural gas drilling permit applications, and to have the buffer zone outside which drilling is allowed increased from 100 feet to 2,500 feet.

“We’re being as vigilant as we possibly can be, just to keep an eye on what’s proposed and before activity takes place, what safeguards are going to be in place,” Maenza said.

Contact the writer:  eskrapits@citizensvoice.com, 570-821-2072

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Copyright:  Citizens Voice 

By Elizabeth Skrapits (Staff Writer)
Published: July 26, 2010

HARVEYS LAKE – The natural gas company planning two exploratory natural gas wells in Noxen is steering clear of nearby Harveys Lake.

“Carrizo has no intention of drilling under Harveys Lake or anywhere near Harveys Lake,” Carrizo Marcellus LLC spokesman Phillip Corey said. “Our first well, the closest point to the lake as the crow flies, is almost 3 miles away.”

The company leased more than 3,000 acres of Sterling Farms, property belonging to the Sordoni family. While most of the property is in Noxen Township, some is in Harveys Lake Borough, he said. However, the company does not have rights to drill under Harveys Lake and doesn’t want to, anyway, Corey said.

“You can’t just go out there to drop a hole wherever you please,” he said.

Harveys Lake resident Guy Giordano, who is vocal about keeping contaminants out of the lake, said it’s good news that Carrizo is not drilling in the borough – but it’s still a little too close for him.

“That still doesn’t give me a lot of comfort. Thirty miles, yeah, but 3 miles, I’m not so sure,” he said.

Hydraulic fracturing, commonly called “fracking,” involves blasting millions of gallons of chemical-treated water thousands of feet underground to break up the shale and release the natural gas.

The fact that some of these chemicals are not disclosed bothers Giordano.

“Why can’t they use something non-toxic?” he asked. “I can’t believe the government would let anyone put anything in the ground that’s secret.”

State law allows natural gas companies to drill up to 100 feet away from a water source. State Rep. Karen Boback, R-Harveys Lake, wants to expand the buffer to 2,500 feet away from drinking water sources, as well as lakes and other bodies of water that are governed by boroughs or second-class townships. She also wants to prohibit drilling beneath them.

Boback has also signed on as a co-sponsor to state Rep. Phyllis Mundy’s bill calling for a one-year moratorium on natural gas drilling in Pennsylvania.

Corey said Carrizo will test the drinking water of residents around the drilling site, as required in the lease, which also calls for staying at least 500 feet away from any structure or water source.

He said Carrizo has not decided which direction, if at all, to drill horizontally. The company might just stick with a vertical well to see what’s there, he said.

“We’re going to play this very conservatively,” Corey said.

Giordano stressed that he does not oppose natural gas drilling.

“I’m glad these people got the money for these drilling leases, God bless ‘em. They deserve it,” he said. “But I wish they didn’t have to drill. If it’s rural, it’s OK, the risk is not that great. But when you’re talking about a densely populated area, it’s not worth it. I don’t see how they can take the risk.”

Ceasetown connection

Giordano pulled his minivan to the side of the road to get a better look at the Ceasetown Dam, slightly misty in the summer rain and surrounded by lush green foliage.

This is one of the main reasons he worries about Harveys Lake becoming contaminated.

“A few years ago I had a sample of lake water tested at the Kirby Health Center,” Giordano confessed. “It passed as drinking water.”

Harveys Lake is the source of Harveys Creek. Pennsylvania American Water Co. spokesman Terry Maenza said the company uses Harveys Creek as a backup water supply for the Ceasetown Reservoir. It isn’t used often but it’s there for emergencies, he said.

The Ceasetown Reservoir in Lehman Township serves about 70,000 people in all or parts of Ashley, Courtdale, Conyngham Township, Edwardsville, Hanover Township, Hunlock Township, Larksville, Nanticoke, Newport Township, Plymouth, Plymouth Township, Pringle, Salem Township, Shickshinny, Wilkes-Barre and Wilkes-Barre Township.

“We have done some sampling from Harveys Creek to get some baseline data, so we have that information on file if and when any drilling does take place in the future,” Maenza said.

The Susquehanna River Basin Commission, which regulates large water withdrawals from sources within the river basin, has not issued permits for any natural gas companies to take water from anywhere in Luzerne County, including the Ceasetown or Huntsville reservoirs.

Besides permits from the commission, “There are other permits they would have to get through us before they could start taking our water,” Maenza said.

Last week, there were water tankers at the Huntsville Reservoir, but they were removing sludge, Maenza said. When the filters at the water treatment centers are backwashed, the sludge goes into a lagoon, he explained. About 95 percent of it is recycled, including for agricultural use, he said.

When it comes to natural gas drilling, Maenza said Pennsylvania American Water officials are being vigilant, talking to the state Department of Environmental Protection about permits, keeping in constant touch with legislators including Boback, Mundy, and state Sen. Lisa Baker, R-Lehman Township.

Maenza said the company has also been in contact with Encana Oil & Gas USA Inc., which started site preparations for a second exploratory natural gas well on Zosh Road in Lake Township on Wednesday, the same day Encana began drilling its first well in Fairmount Township.

“Nobody’s more concerned than us,” Maenza said. “This is our business. Water quality is what we rely on. We don’t want anything to put our water supply in jeopardy.”

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizens Voice

By Elizabeth Skrapits (Staff Writer)
Published: July 20, 2010

LEHMAN TWP. – The company drilling the Back Mountain’s first exploratory natural gas well will take care of township roads, but residents should be proactive in reporting problems, supervisors said Monday.

Encana Oil & Gas USA Inc. will start site preparation in August to drill an exploratory natural gas well at 203 Zosh Road in Lake Township, not far from the Lehman Township border.

During the process, trucks leaving the site will use Ide, Meeker and Slocum roads in Lehman Township to reach state Route 118. Encana has agreed to maintain the roads in equal or better condition during the drilling process, Supervisor Chairman David Sutton said in response to a question by resident Joseph Rutchauskas.

Encana paid for repaving the stone arch bridge on Slocum Road, but the township’s road department filled in all the potholes, Supervisor Douglas Ide said. But the company will take that over when work begins, he said.

“The day they start trucks, the maintenance is theirs for the duration,” Ide said.

Rutchauskas said work had already started, because Zosh Road – which becomes Ide Road in Lehman Township – was closed, so Encana should be responsible now. The supervisors disagreed.

Penn State’s Center for Dirt and Gravel Roads is overseeing a project with the Luzerne County Conservation District in which Encana is paying to strip and pave a 100-foot section of Zosh Road to see how it will hold up under heavy truck traffic.

According to plans filed with the Luzerne County planning and zoning department, Encana anticipates 16 to 18 weeks of traffic during which a total of approximately 2,100 trucks will travel on Lake and Lehman township roads: 200 during site preparation, 100 during the well drilling and 1,800 during the completion phase, when tankers will bring in the roughly 6 million gallons of water needed for hydraulic fracturing.

Encana has submitted a $956,844 bond to cover Outlet, Ide, Meeker Outlet and Slocum roads and the Slocum Road stone bridge. Township officials stressed Encana’s willingness to work with them.

“Anything we have billed Encana for, we have been paid within 30 days,” Treasurer Alvin Cragle said.

“They have been nothing but cooperative in everything we’ve asked them to do,” Sutton agreed.

Rutchauskas asked the supervisors to keep an eye on the drill site and coordinate with Lake Township so residents will be aware of issues like road closings.

Sutton said they would, but “we don’t have the resources to watch 24-7,” he said. He said residents need to be proactive and call if they see problems.

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizens Voice

Those against Encana Oil & Gas plans ponder appeals for permits already granted.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

As Encana Oil & Gas officials await a hearing next month on zoning permits for 10 new natural gas wells in Luzerne County, gas-drilling opponents are contemplating a second appeal for permits that already have been issued to the company.

Encana recently filed applications with the Luzerne County Zoning Hearing Board seeking temporary-use permits and special exceptions for drilling five natural gas wells and height variances for building a gas processing facility at a site nestled between Loyalville, Hickory Tree and Meeker roads in Lake Township.

The company also applied for the same types of permits for drilling wells on two properties in Fairmount Township – two wells on a site northeast of the intersection of state routes 487 and 118, and three wells on adjoining land to the northeast.

The zoning hearing board has scheduled a hearing for 7 p.m. Aug. 3 to hear testimony on those applications.

The Lake Township site, owned by 4P Realty of Blakely, is about 600 acres. The two Fairmount Township sites consist of 13 parcels – some owned by William Kent of Benton and others owned by Jeffrey Hynich of Lake Township – spanning nearly 480 acres. They are referred to as the Red Rock/Benton Gas Consortium Lands in a lease with Encana.

Encana would move forward with drilling wells on those properties if two exploratory wells in Lake and Fairmount townships prove successful.

Drilling on the Fairmount Township property of Edward Buda is expected to begin within five to 10 days, Encana spokeswoman Wendy Wiedenbeck said.

Encana won zoning approval for drilling on a Lehman Township property owned by Russell W. Lansberry and Larry Lansberry in April but withdrew the application last week – less than a month after township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas filed an appeal of the zoning approval in county court.

Rutchauskas said on Tuesday that attorneys for the Gas Drilling Awareness Coalition are checking into the possibility of appealing the issuance of zoning permits about two weeks ago for Lake Township property owned by Amy and Paul Salansky on which Encana plans to begin drilling later this summer.

The county zoning hearing board approved the permit applications for the Salansky property in May.

Rutchauskas said he was told by a zoning official that it was too late to file an appeal on the Salansky permits because one must be filed within 30 days of the zoning hearing board’s decision.

“We’re having lawyers check into the timeframe of when the permits were approved and when they were issued. Our stance is that the 30-day timeframe is from the day the permits were issued, not from the day they were approved,” Rutchauskas said.

He said the permits could not be issued until the board received several response plans from Encana, such as a traffic management plan and an emergency response plan.

Eight permits for the Salansky property were issued on June 25 – the same day Encana submitted the plans – and two more were issued on June 28, according to zoning office records.

Rutchauskas said there’s no way zoning officials could have reviewed all the plans the same day, and the permits should not have been issued until the plans were thoroughly reviewed.

“How can you issue a permit without reading the required plans? You can put a Superman comic book in there and they wouldn’t know the difference. Do it slow, take your time, at least open them. I’ve been going through those books almost eight hours,” Rutchauskas said.

Luzerne County Planner Pat Dooley said officials are checking into how an appeal can be filed on the issuance of a zoning permit.

Dooley said he’s not aware of anyone ever appealing the issuance of a zoning permit, only the approval of a permit.

Copyright: Times Leader

Those against Encana Oil & Gas plans ponder appeals for permits already granted.

By Steve Mocarsky
Staff Writer

As Encana Oil & Gas officials await a hearing next month on zoning permits for 10 new natural gas wells in Luzerne County, gas-drilling opponents are contemplating a second appeal for permits that already have been issued to the company.

Encana recently filed applications with the Luzerne County Zoning Hearing Board seeking temporary-use permits and special exceptions for drilling five natural gas wells and height variances for building a gas processing facility at a site nestled between Loyalville, Hickory Tree and Meeker roads in Lake Township.

The company also applied for the same types of permits for drilling wells on two properties in Fairmount Township – two wells on a site northeast of the intersection of state routes 487 and 118, and three wells on adjoining land to the northeast.

The zoning hearing board has scheduled a hearing for 7 p.m. Aug. 3 to hear testimony on those applications.

The Lake Township site, owned by 4P Realty of Blakely, is about 600 acres. The two Fairmount Township sites consist of 13 parcels – some owned by William Kent of Benton and others owned by Jeffrey Hynich of Lake Township – spanning nearly 480 acres. They are referred to as the Red Rock/Benton Gas Consortium Lands in a lease with Encana.

Encana would move forward with drilling wells on those properties if two exploratory wells in Lake and Fairmount townships prove successful.

Drilling on the Fairmount Township property of Edward Buda is expected to begin within five to 10 days, Encana spokeswoman Wendy Wiedenbeck said.

Encana won zoning approval for drilling on a Lehman Township property owned by Russell W. Lansberry and Larry Lansberry in April but withdrew the application last week – less than a month after township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas filed an appeal of the zoning approval in county court.

Rutchauskas said on Tuesday that attorneys for the Gas Drilling Awareness Coalition are checking into the possibility of appealing the issuance of zoning permits about two weeks ago for Lake Township property owned by Amy and Paul Salansky on which Encana plans to begin drilling later this summer.

The county zoning hearing board approved the permit applications for the Salansky property in May.

Rutchauskas said he was told by a zoning official that it was too late to file an appeal on the Salansky permits because one must be filed within 30 days of the zoning hearing board’s decision.

“We’re having lawyers check into the timeframe of when the permits were approved and when they were issued. Our stance is that the 30-day timeframe is from the day the permits were issued, not from the day they were approved,” Rutchauskas said.

He said the permits could not be issued until the board received several response plans from Encana, such as a traffic management plan and an emergency response plan.

Eight permits for the Salansky property were issued on June 25 – the same day Encana submitted the plans – and two more were issued on June 28, according to zoning office records.

Rutchauskas said there’s no way zoning officials could have reviewed all the plans the same day, and the permits should not have been issued until the plans were thoroughly reviewed.

“How can you issue a permit without reading the required plans? You can put a Superman comic book in there and they wouldn’t know the difference. Do it slow, take your time, at least open them. I’ve been going through those books almost eight hours,” Rutchauskas said.

Luzerne County Planner Pat Dooley said officials are checking into how an appeal can be filed on the issuance of a zoning permit.

Dooley said he’s not aware of anyone ever appealing the issuance of a zoning permit, only the approval of a permit.

Contact the writer smocarsky@timesleader.com

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Copyright:  The Times Leader

By Elizabeth Skrapits (Staff Writer)
Published: July 11, 2010

DALLAS TWP. – Mary Alice Frederick became nervous in March when she discovered her neighbor, the Irem Temple Country Club and the Masonic Village development, had leased mineral rights to a natural gas company.

“I can’t put a chicken coop in my backyard but people can put heavy industry all around the township. I don’t understand that,” the retired Dallas school teacher said. “It doesn’t make sense. It doesn’t seem fair.”

A proposal on the table that would allow natural gas companies to take gas from beneath people’s properties regardless of whether or not they have leased their mineral rights, Frederick now fears losing the peace and quiet of her beloved neighborhood.

In exchange for a tax on natural gas extraction, gas companies are seeking what they call “fair pooling,” legislation that would require property owners without leases to allow drilling beneath their land in exchange for a share of royalties to be determined. However, the gas companies could not put a drilling rig on unwilling owners’ properties. Landowners call “forced pooling.”

“Gas companies are just bullying their way in and telling the legislators what they want. It should be the reverse,” Lehman Township resident Joseph Rutchauskas said. “It’s a democracy, not a corporate dictatorship.”

Rutchauskas lives near two sites permitted for natural gas wells. In August, Encana Oil & Gas USA Inc. intends to start preparing one in nearby Lake Township for drilling, and has all the requirements for a well in Lehman Township. Encana recently notified Lehman Township supervisors they do not plan to drill the third well in Lehman Township.

“I do not support that one bit because I feel it’s a violation of my rights,” Rutchauskas said about forced pooling. “I don’t think anyone should have the right to tell me they can drill under my land without my consent.”

He said his development, which has 10 properties, is protected by covenants that do not allow drilling of any kind, including beneath the property.

“We would have to change the covenants to allow it, and nobody in the development wants to do that,” Rutchauskas said.

He said the question of whether the covenants would hold up under a forced pooling law would have to be answered legally.

“I would take it to court to whatever level necessary,” Rutchauskas vowed.

Irem Temple Ancient Arabic Order Nobles Of The Mystic Shrine have leased 355.91 acres to Chesapeake Appalachia, LLC. The land completely surrounds Frederick’s half-acre property.

The concept of forced pooling scares Frederick, who was already concerned about the potential to turn her quiet suburban street into an “industrial zone.” She opposes natural gas drilling because of potential harmful effects on the environment. She also doesn’t like the idea that foreign investors from countries such as United Arab Emirates and China have interests in natural gas companies.

“I don’t want to be part of this,” Frederick said. “I do have a conscience.”

Irem Recorder Harry Wood said the organization has not heard anything from Chesapeake about plans for the site.

“I don’t blame them,” he said in response to residents’ concerns about forced pooling.

However, Wood said gas drilling would be done far enough away from homes that they shouldn’t be affected, even in the case of horizontal drilling.

“Everybody has the wrong idea about that. It would never be allowed on any of these properties. If any drilling would be done it would be on the top of the hill, or away from the residences,” he said.

Developing the Irem Golf Course is also not an option, he said.

“I’m not going to take a $7 million golf course and put a drilling rig in the middle of it,” Wood said.

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Copyright:  The Citizens Voice

Pa. Senate committee hearing on gas drilling will be held June 29 in Harrisburg.

STEVE MOCARSKY smocarsky@timesleader.com

The state Senate panel that oversees emergency preparedness in the state will hear testimony later this month on how ready responders are to handle catastrophes related to natural-gas drilling.

Sen. Lisa Baker, chairwoman of the Veterans Affairs and Emergency Preparedness Committee, said in a press release that community groups and environmental activists are questioning whether plans to deal with well blowouts, leaks and spills are in place and detailed enough to meet the challenges posed by the increased drilling activity in the Marcellus Shale.

Baker, R-Lehman Township, said those concerns warrant the attention of lawmakers.

“Community safety, public health and water quality are put at risk if there are any holes in emergency planning. With government budgets at every level under severe strain, it is a legitimate worry that preparation and training have not kept pace with the need,” Baker said.

In the wake of a recent natural gas well blowout in Clearfield County, Baker said there are local rumblings that the Pennsylvania Emergency Management Agency was “either not ready or not properly engaged.

“There is a responsibility to air the situation and find the facts,” Baker said.

Aaron Shenck, executive director of the committee, said he also believes state emergency officials were not notified until several hours after the well explosion, which took about 16 hours to contain.

Shenck said a representative of PEMA and the state fire commissioner will testify at the June 29 public hearing. Baker’s office also will invite representatives from the state Department of Environmental Protection and state police.

Baker said she is equally concerned about emergency preparedness at the local level.

“The heavy truck traffic resulting from equipment and fracking (hydraulic fracturing) material being shipped in raises the possibility of collisions, turnovers and spills. We are dealing mostly with rural areas and small communities. What is the state of readiness? Is there the necessary coordination and communication between levels of government before we are tested by crisis? Are the resources immediately available when the worst happens?” Baker said.

To present testimony from a more local perspective, representatives of the County Commissioners Association of Pennsylvania, the Keystone Emergency Management Association and the Lycoming County Task Force on Marcellus Shale also will be invited, Shenck said.

Lycoming is the only Pennsylvania county in which Marcellus Shale drilling is taking place that has a task force specifically designed to address drilling-related emergencies, Shenck said.

At least one representative of the natural gas industry also will be invited to testify, Shenck said.

Copyright: Times Leader

Legislators want adequate tax share for municipalities fiscally hit by gas drilling.

STEVE MOCARSKY smocarsky@timesleader.com

Much legislation has been written recently to address concerns about natural gas drilling into Pennsylvania’s Marcellus Shale, but little has been signed into law.

And one issue, it seems has been overshadowing and holding up action on all the others: a state severance tax on natural gas extraction.

Several bills addressing a severance tax have been put forward by state legislators, and Gov. Ed Rendell also has proposed implementing such a tax.

“The biggest concern for legislators is that an adequate portion of a severance tax would come back to local governments that are financially impacted by drilling activities,” said Adam Pankake, representing Sen. Gene Yaw, a Republican from Lycoming County and one of the few legislators to have a Marcellus-related bill he sponsored signed into law.

Senate Bill 325, sponsored by Rep. Anthony Melio, D-Levittown, didn’t muster much support in the House because it authorized an 8-percent severance tax, all of which would go to the state’s General Fund, Pankake said.

State Sen. Raphael Musto, D-Pittston Township, proposed a severance tax plan in Senate Bill 905 that mirrors Rendell’s plan, directing all proceeds of a 5-percent tax and a 4.7-cent charge on every 1,000 cubic feet of gas extracted into the General Fund.

A bill by state Rep. Bud George, chairman of the House Environmental Resources and Energy Committee, would send only 60 percent of a 5-percent tax to the General Fund.

The remainder would be divvied up, sending 15 percent to the Environmental Stewardship Fund; 9 percent split evenly between counties and municipalities in which wells are drilled; 5 percent to the Liquid Fuels Tax Fund; 4 percent split evenly between the Game and Fish and Boat commissions; 4 percent to the Hazardous Sites Cleanup Fund; and 3 percent to a program to help low-income residents with heating bills.

A bill sponsored by Sen. Andrew Dinniman, D-West Chester, would send half of a 5-percent severance tax to the General Fund. Another 44 percent would be split evenly between the Environmental Stewardship Fund and municipalities in which a well was drilled; the remaining 6 percent would be split between the Game and Fish and Boat commissions.

Legislators are also considering severance tax models used in other states, such as a phase-in approach used in Arkansas, Pankake said.

Marcellus-drilling industry advocates describe it as a fledgling industry that a severance tax could cripple because of the financial resources needed to build a pipeline infrastructure where none previously existed.

Matthew Maciorski, spokesman for state Rep. George, D-Clearfield County, said severance tax legislative proposals have been “coming in fast and furious. Everyone has their own take on how the revenue should be divided.”

Maciorski said Marcellus Shale issues are “very complicated and integral to the whole budget debate.”

Some legislators use some pieces of legislation as bargaining chips in negotiations with the gas industry. For example, the industry doesn’t support a severance tax, but the industry is pushing for a law authorizing forced pooling – compelling landowners who don’t wish to lease their mineral rights to be part of a drilling unit with others that do.

“Sometimes there are alliances that have to be built. &hellip Sometimes we rely on members to tell us when it’s time to strike. It gets complicated going between the House and the Senate. Members want to have all their ducks in a row to prevent there being (additional delays) in the process,” Maciorski said.

Bob Kassoway, director of the House Finance Committee for the Democratic Caucus, said any severance tax bill will likely be passed as part of the 2010-11 state budget, and it’s likely that little if any other Marcellus-related legislation will be passed until that happens.

Sen. Yaw was pleased that Act 15 was signed into law on March 22. Based on his Senate Bill 297, it repeals five-year confidentiality for gas production financial records and requires well operators to submit semi-annual reports to the state. It also requires the state Department of Environmental Protection to post well data online.

But while the debate continues over the severance tax, legislation on issues important to lease holders, to residents with environmental concerns and to members of the gas industry continue to languish in the House or Senate or their committees.

In addition to severance tax legislation, there are at least four Marcellus-related Senate bills and at least 17 House bills pending.

For example, legislators are holding off a vote on Rep. Bill DeWeese’s House Bill 10, which would enable counties to assess value to gas and oil for taxation purposes, likely because it hasn’t been decided what – if any – percentage of a severance tax will go to counties.

Introduced 16 months ago, House Bill 297 remains in the House Transportation Committee. Sponsored by Rep. Mark Longietti, D-Hermitage, it would require the state Department of Transportation to publish by the end of the year a revised schedule of bonding amounts for roads damaged by heavy truck traffic and to update the amount at least every three years.

PennDOT last revised the schedule in 1978, Longietti said, leaving officials in municipalities damaged by drilling trucks with insufficient guaranteed funding to repair their roads.

Rep. George’s House Bill 2213, which increases bonding amounts for wells, boosts the number of required well inspections by DEP and adds protections for water supplies, has gained much local support. But after an amendment in the House Environmental Resources and Energy Committee in May, it was re-committed to the House Appropriations Committee.

Sen. Lisa Baker, R-Lehman Township, announced in May she is working on a series of bills to provide additional protections to drinking water sources that could be harmed by drilling.

State Rep. Karen Boback, R-Harveys Lake, issued a statement last week stating that she also was working to develop legislation to protect drinking water from gas drilling practices.

Painfully aware of the slow legislative pace in Harrisburg, Boback is urging the governor to issue an executive order implementing additional protective rules before more well-drilling permits can be issued.

Copyright: Times Leader