Posts Tagged ‘solicitor’

By Elizabeth Skrapits (Staff Writer)
Published: August 23, 2010

DALLAS TWP. – Would local officials be powerless to stop a natural gas company from drilling a natural gas well in the middle of a housing development?

Not according to a new state court ruling, which affirms the right of municipal and county officials to limit natural gas drilling to certain districts, such as agricultural, mining or manufacturing, and out of residential neighborhoods.

“Gas drilling is here to stay, and it affects the Back Mountain region very extensively.” Attorney Jeffrey Malak told members of the Back Mountain Community Partnership as he outlined the new court decision.

Thousands of acres in the Back Mountain have been leased by natural gas companies, and Encana Oil & Gas USA Inc. is drilling the second of two exploratory natural gas wells in Lake Township.

Traditionally, local officials have limited say when it comes to natural gas drilling. Technical aspects, such as what kind of materials to use and how the well is drilled, are governed by the state Oil and Gas Act. But local officials are gaining more and more say in where wells can be drilled.

Two previous cases, Huntley & Huntley v. Oakmont Borough and Range Resources v. Salem Township (Westmoreland County) set precedents allowing local officials some leeway in regulating where natural gas companies can drill.

A third, Penneco Oil Co. Inc. v. the County of Fayette, decided in Commonwealth Court on July 22, determined the state Oil & Gas Act does not trump local zoning ordinances, and that local officials can take steps to protect the residential character of neighborhoods.

In the case, Penneco, Range Resources Appalachia LLC and the Independent Oil and Gas Association of Pennsylvania took Fayette County Office of Planning, Zoning and Community Development to court, saying they did not have to follow the county’s zoning ordinance because the state Oil and Gas Act made it invalid. The court ruled in favor of the county.

“This opens up the floodgates and says municipal zoning is not pre-empted,” Malak said.

The Penneco case allows that gas wells cannot be located within the flight path of an airport runway; that they must be at least 200 feet from a residential dwelling; and that officials can require fencing and shrubs around the well site. It also allows zoning hearing boards to impose any other provisions to protect the health, safety and welfare of residents.

Whether the Penneco case will be appealed is anybody’s guess, but it’s the law unless the state Supreme Court changes it, Malak said.

Dallas Borough already has some of the provisions in its zoning ordinance, Malak said. In Jackson Township, where he also serves as solicitor, the supervisors will put similar provisions in the zoning ordinance when it is drafted over the next couple of months, Malak said.

Dallas Township Supervisor Chairman Phil Walter asked Malak if there was a way to protect a municipality against fly-by-night operators who will leave when something goes wrong.

The case does allow for bonds, even large ones, to be put in place to protect the health, safety and welfare of residents, Malak said.

Kingston Township Supervisor Jeffrey Box asked if local officials can require a land development plan from natural gas companies. Malak said they could, and they can require special exceptions, meaning there has to be a hearing in front of the zoning hearing board to grant permission and to impose any standard planning and zoning fees.

But, he said, there are still aspects of natural gas drilling that will have to be decided in court, such as whether there can be restrictions on hours drillers can operate and whether they can be barred from using roads at certain times.

eskrapits@citizensvoice.com , 570-821-2072

View article here.

Copyright:  The Citizens Voice

Chief to offer “substantial” cash, says solicitor, who wants to see land involved, right-of-way agreement.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

and Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – An oil and natural gas company has asked township officials if it can lay pipeline underneath township property in return for money.

Two officials from Chief Oil and Gas attended the supervisors meeting Tuesday evening in search of an answer as to whether they can lay pipeline under a parcel of township-owned land.

Supervisor Glenn Howell said the land is along a gravel road off the Old Tunkhannock Highway. The gravel road leads to a Little League field and some other things, he said.

Township solicitor Thomas Brennan confirmed the company is offering “a substantial amount” of money to the township to lay the pipeline, though Brennan would not disclose the amount.

Brennan said there is no question about the legality of allowing the company to lay the pipe underneath township land. However, he said he first wants to take a look at the land to know what is involved.

The officials from the company also are wondering what they would have to do if they wanted to lay pipe under or along the township’s right-of-way. They said more than 20 miles of pipeline is planned coming from the north and terminating east of Dallas High School.

Brennan asked if the officials could provide a copy of the agreement they have with the Pennsylvania Department of Transportation regarding their right-of-way usage. Brennan told the officials that he would have more information for them at the next supervisors meeting on July 6.

Earlier on Tuesday, township Zoning Officer Len Kozick said he’s heard from property owners in the township that they are being offered right-of-way agreements as well. And at least one agreement has already been signed.

According to Luzerne County property records, Leonard DeLeur, who owns Back to Basics – a fireplace and stove shop in Dallas – leased a 50-foot right-of-way along the edge of his 24-acre property in the township.

DeLeur said Chief offered him $20 per foot of pipeline laid on his property.

Kristi Gittins, vice president, Chief Oil & Gas, said a definite path has not been chosen for a pipeline, and one won’t be chosen until wells are drilled. She said no imminent drilling is planned for Luzerne County; the company’s next two wells will be drilled in Sullivan and Wyoming counties.

Josh Longmore, director of the Luzerne Conservation District, confirmed that drilling is slated to begin on his father’s land in Monroe Township, Wyoming County, in mid-July. His father, Robert Longmore, has a lease allowing Chief to drill on his 97-acre farm near Noxen Township.

Chief, which has 75 wells drilled in 10 counties, has wells in Lycoming, Bradford and Susquehanna counties that are producing gas, but there’s currently no way to get it to market. Gittins said gas is going to market from only about half of Chief’s wells in the Northeast because it takes a while to build a pipeline infrastructure where none previously existed.

Gittins said it costs about $1 million a mile to lay pipeline. And lease holders don’t see any royalty money until the gas gets to market.

Gittins said that Chief is selectively seeking leases in Luzerne County, but only in the area of currently leased land, she said. The company has leased a few properties in Fairmount Township. The Dallas, Texas-based company has 650,000 acres leased in Pennsylvania and West Virginia, she said.

In other business, supervisors awarded a bid for a paving and drainage project on Main and Campground roads to Popple Construction, the lowest bidder, at $147,530 for Main Road and $56,642.33 for Campground Road.

Supervisors Vice Chairman Frank Wagner previously said the project will consist of paving Main Road from the Kingston Township line to Route 309, as well as all of Campground Road.

Also, George Stolarick, who said he has lived on Ridge Street for the past 45 years, asked the supervisors to consider paving his road. Stolarick said that although there are only three houses on his road, eight families use the road to access their homes.

But, Supervisors Chairman Phil Walter said “it’s not in the cards right now.”

Rebecca Bria, a Times Leader staff writer, may be reached at 970-7436. Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

Some residents oppose, but solicitor says only state can halt drilling operations in municipalities.

RALPH NARDONE Times Leader Correspondent

LEHMAN TWP. – Township residents will be getting a new neighbor when EnCana Oil and Gas USA begins drilling for natural gas in late summer.

Township officials voted unanimously Tuesday night to approve an ordinance allowing the company to start Marcellus Shale gas drilling operations near Peaceful Valley Road.

Board of Supervisors Vice Chairman Ray Iwanowski made the motion to enact the ordinance and Chairman David Sutton and Supervisor Douglas Ide voted yes.

Township Zoning Board Solicitor Jack Haley addressed a well-mannered crowd of about 70 people before the vote, essentially telling them the township was in no position to halt the company’s plans.

Some residents who expressed opposition wanted the supervisors to “send a message” by not enacting the ordinance, Haley said. That would have amounted to “civil disobedience,” he said.

According to Haley, all authority to halt drilling operations in any municipality in Pennsylvania lies in the hands of state agencies, not local governments. The township’s rules are “superseded” by the state Oil and Gas Act, he said.

The state Supreme Court already reviewed two similar cases, he added, and decided the only authority Lehman Township has applies to what roads EnCana can use.

Haley also addressed concerns raised that two of the supervisors, Ide and Sutton, have personal ties to gas drilling. Ide leased some of his own land for gas drilling, and Sutton consults property owners concerning drilling, Haley said.

Both members could only second the motion or vote yes but could not participate in any questions about the vote or make the original motion. The only supervisor who could make the motion was Iwanowski.

The state Ethics Commission checked into the potential conflict of interest involving the two supervisors.

Iwanowski outlined six conditions to the motion: that EnCana put up $13,540 to maintain Firehouse Road through the total time it is used; EnCana put up $32,192 to maintain Peaceful Valley Road similarly; all traffic related to the drilling traverse on Firehouse Road toward state Route 118; no traffic will go on Old Route 115 in the township (near the school); EnCana provide adequate insurance coverage for the township, and that a legally binding agreement be signed by EnCana holding it to its commitment.

No representatives from EnCana attended the meeting.

About 25 peaceful protesters were there greeting meeting attendees at the door with anti-drilling literature. Leanne Mazurick, 30, of Dallas Township, stressed the industry is essentially “unregulated.” She said residents in other communities of Northeastern Pennsylvania are having trouble with water contamination where there is drilling.

“We want safeguards put in place,” she said.

Karen Belli, of Dallas Township, and member of Gas Drilling Awareness Coalition, emphasized a long list of ills that arise from local gas drilling. She pointed to homeowners in one local community have to use “water buffaloes” for their water supply because of the contamination.

Belli also questioned how Supervisors Ide and Sutton could be involved in the vote knowing their connections to the industry.

Not all in attendance were opposed. Barry Edwards, of Lehman Township, said the concerns about water are just a “harangue.” He added that in Susquehanna County the drilling companies have made the roads “better than the ever.”

Iwanowski said fixed-income elderly residents and farmers facing large debt are finding the gas drilling a financial “godsend.”

He said the ordinance allows EnCana to drill only vertically. If it wishes to expand horizontally underground that will require another vote from the township.

Copyright: Times Leader

The organization represents six communities in the Back Mountain area.

By Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – Members of the Back Mountain Community Partnership hope to pass an ordinance that addresses natural gas drilling issues.

The partnership is an inter-municipal group composed of Dallas, Franklin, Jackson, Kingston and Lehman townships and Dallas borough.

The group voted Thursday afternoon at Misericordia University to have their solicitor, Jeffrey Malak, perform research as to what can be done to control the drilling process.

Partnership President Al Fox said he did not want to comment as to what the ordinance may contain because he is not sure legally what can be in it.

“Whatever we can do we need to do as quickly as we can,” Fox said.

Malak said the Oil and Gas Act pre-empts local interference in gas drilling.

“I can give you some options of what some other municipalities are doing,” Malak said. “There’s not a one size fits all.”

In a related matter, the partnership shared responses from EnCana Oil and Gas Inc. on questions the public asked company officials during the January meeting.

Fox said the company answered only six of the many questions that were asked during the meeting. The responses briefly addressed issues such as the chemicals used and the prevention of cross contamination.

Tom Yoniski, a representative for state Sen. Lisa Baker, R-Lehman Township, said he can set up a public forum with Penn State University and the Pennsylvania Department of Environmental Protection to inform the public of the state’s plans to protect water quality.

In other news, the partnership approved proceeding to jointly apply for Pennsylvania Commission on Crime and Delinquency funding to purchase Tasers for each municipality’s police department. Franklin Township does not have a department and uses state police coverage, but voted to proceed with the application for the group.

Up to $10,000 is available for each municipality, said Joe Chacke, of NEPA Alliance, a nonprofit organization that provides administrative and professional services to the BMCP at no cost.

Also, Richard Heffron and Veronica Ciaruffoli, of the Luzerne County Government Study Commission, gave an overview on the status of the commission.

Rebecca Bria, a staff writer, may be reached at 970-7436.

Copyright: Times Leader

Supervisor seeking a meeting with Encana Energy Corp. so questions can be fielded.

EILEEN GODIN Times Leader Correspondent

LAKE TWP. – On Wednesday night, supervisors and residents discussed concerns about gas drilling likely to begin in May or June.

A property off Zosh Road, near the border with Lehman Township, will be a future site of a Marcellus Shale gas drilling operation. Supervisors were unsure of the exact acreage of the property.

Supervisor Amy Salansky said the drilling company is Encana Energy Corp., headquartered in Calgary, Canada, working in partnership with WhitMar Exploration Co.

Knowing residents will have many concerns, Salansky said she is trying to arrange a meeting with Encana Energy Corp. so questions can be addressed.

Concerned about gas trucks blocking roads, resident Charles Kohl questioned supervisors on which routes the trucks will be using. Salansky said an official route has not been submitted by Encana. She added the trucks will not be blocking roads.

“During a recent zoning board meeting, possible routes were discussed but nothing was decided,” she said.

Township solicitor Mark McNealis said it is not up to the supervisors to decide which public roads the gas company can and cannot use.

Chairman Lonnie Piatt said supervisors are looking into bonding roads for weight limits. By bonding roads and posting weight limits, the township is protecting roads from damage caused by heavy trucks.

The procedure to bond a road requires an engineer to study the materials in the road makeup and determine how much weight those materials can sustain.

About three quarters of the township roads are dirt and gravel roads. Zosh Road is one of them. Piatt said that currently the gas company would assume responsibility for repairing and maintaining Zosh Road.

Residents within a mile of the site are being advised to get their well water tested. This would provide them with a starting point baseline to measure if contaminants should leak in.

If residents visit Penn State’s Cooperative Extension’s Web site at http://water.cas.psu.edu and click on “Drinking Water,” then “Testing & Protection” and then “Find a Local Water Lab,” they will find a listing by county of accredited water testing laboratories.

The next supervisors’ meeting is scheduled for 7 p.m. April 14 in the municipal building.

Copyright: Times Leader

Gas drillers’ access to Harveys Lake water doesn’t seem likely.

HARVEYS LAKE – The borough is girding itself against potential plans to use lake water for natural-gas drilling, but the state Department of Environmental Protection thinks attempting to gain access to the water might be more trouble than it’s worth.

At its recent monthly meeting, borough council had solicitor Charles McCormick write to the Susquehanna River Basin Commission noting in the letter that the council “strongly opposes &hellip any consumptive use of water from the tributary system of Harveys Lake.”

Council became concerned after receiving a phone call and a notice. The notice was of Chesapeake Energy’s request to increase its one-day water-removal limit from the basin to 20 million gallons, and the phone call was from an engineering firm representing a gas company.

Brent Ramsey, an environmental scientist with Harrisburg-based international engineering consulting firm Gannett Fleming, had asked who owned the water rights at the lake and if the water could be procured for a well-drilling client, borough secretary Susan Sutton said.

He also called the borough’s Environmental Advisory Council asking similar questions, EAC secretary Denise Sult said.

Ramsey said the client directed that the operation be kept confidential, but acknowledged that his company’s involvement is in securing water-use permitting and that approval for a source of water hasn’t yet been secured. He refused to comment on whether the lake was still a target or if other sources were being sought.

Tapping the lake’s resources might prove difficult, however, said DEP spokesman Mark Carmon. “There’s been a long-standing question mark about who owns the bottom of the lake,” he said. “It’s probably a lot more complicated that it’s worth, in a legal sense, for anybody.”

He said the borough doesn’t own the water and individual lakefront landowners would have to be contacted. Deeds would have to be checked for exact descriptions of how far out into the water each property border protrudes. Any user-landowner agreement would still need to get SRBC approval “and face the wrath of the neighbors on each side of them,” he said.

“We think that’s the way it would play out,” he said.

He said that he wasn’t aware of any proposals or approvals of water usage in Luzerne County for gas drilling.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader