Archive for the ‘Times Leader’ Category

Gasland movie critical of drilling

An organization funded by the natural gas industry disputes the HBO film’s conclusions.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

After Josh Fox was offered nearly $100,000 to lease his 20 acres in Wayne County to a gas company, he heard two different accounts – one, a story of easy money, the other a tale of horror.

The 37-year-old independent filmmaker set out to find the truth about natural gas drilling, and his conclusions can be seen in his documentary film “Gasland,” to air on HBO at 9 p.m. on Monday.

And while representatives of the gas industry call the film a piece of propaganda filled with exaggerations and inaccuracies, Fox stands by his work and says it’s the industry’s response that is propaganda.

In a phone interview Thursday afternoon, as he was getting ready for a special screening of the documentary at the HBO Theater in New York City that night, Fox said a land man with a gas company told him in 2008 that the company probably wouldn’t even drill on the land. But he heard from others that environmentally, gas drilling was “very polluting.”

“There was such a disparity between what was being said and what was being offered, I needed to see with my own eyes,” Fox said.

So, Fox set out for the village of Dimock in Susquehanna County to talk with folks whose well water was polluted by natural gas migration from leaking gas wells.

“It was completely a disaster area. There were Halliburton trucks swarming everywhere. Water was bubbling and fizzing; some you could light on fire. There was a feeling of regret and betrayal in the air,” Fox said.

Residents were unaware of the contamination until Norma Fiorentino’s water well exploded on Jan. 1, 2009, Fox said.

The state Department of Environmental Protection fined the drilling company and ordered the wells capped.

Fox visited 23 other states where natural gas drilling was taking place. He interviewed people whose health and quality of life were negatively impacted; scientists, one of whom warns of the dangers of drinking water infused with chemicals used in hydraulic fracturing (commonly called fracking), which releases the gas from the underground shale formations; and government officials on both sides of the issue.

One of the officials Fox interviewed was DEP Secretary John Hanger, who minimized the negative effects of fracking but refused to drink a glass of water from an affected well, according to a synopsis of the film on the HBO website.

On the same day as a special screening of the film in Montrose earlier this month, Energy in Depth – a gas-industry-funded organization, released an alert on its website entitled “Debunking Gasland,” pulling out numerous quotes from the movie and disputing them.

Energy In Depth claimed that Fox was “misstating the law” when he said that a 2005 energy bill exempted the oil and gas industry from the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, the Superfund law and other regulations. The industry is regulated under every single one of those laws, said Energy In Depth spokesman Chris Tucker.

The organization states that Fox was “flat-out making stuff up” when he said the Pinedale Anticline and Jonah gas fields of Wyoming are directly in the path of a 1,000-year-old migration corridor of pronghorn antelope, mule deer and sage grouse, each species of which is endangered.

Energy in Depth countered that three species of the pronghorn are endangered and none are found near the Pinedale Anticline, citing the Great Plains Nature Center; that only mule deer from New Mexico, noting that mule deer are so plentiful in Wyoming, there is a mule deer hunting season; and citing a U.S. Fish and Wildlife report stating that the sage grouse is not on the endangered list and there are “robust populations” of the bird in Wyoming.

Fox also blamed an algae bloom that killed fish and other aquatic life in Dunkard Creek in Washington County on natural gas development, Tucker said. But DEP reports show the bloom was caused by coal mine drainage.

The organization also cites a reference in the documentary to Colorado resident Lisa Bracken, who reported to environmental regulators occurrences of natural gas in the West Divide Creek, which she believed was related to natural gas drilling. “Fox blames methane occurrence in West Divide Creek, Colo., on natural gas development,” the release states.

Energy In Depth published links to reports on the Colorado Oil and Gas Conservation Commission website that showed the methane was naturally occurring. Tucker said those reports were available long before “Gasland” was released.

Theo Stein, communications director for the Colorado Department of Natural Resources, said a commission investigation revealed that the methane Bracken reported bubbling in her beaver ponds near the creek was naturally occurring swamp gas from rotting vegetation.

Stein confirmed, however, that about a quarter-mile upstream, some methane gas was still present from a gas migration into the creek from a leak in a well drilled in 2004 by EnCana Oil & Gas, the company that will begin drilling in Luzerne County next month. EnCana received the largest fine in Colorado’s history for allowing that leak to occur.

Tucker, who is a native of Kingston Township and has been closely following the development of the Marcellus Shale in Northeastern Pennsylvania, said the press release was addressing only Bracken’s claims in the documentary. He was unfamiliar with the incident involving EnCana and said the issue alert was not meant to be misleading.

Copyright: Times Leader

Forum set to discuss drilling opportunities

MATTHEW TODD VINE Times Leader Intern

HAZLETON – Local businesses eager to get in on the Marcellus Shale gas drilling bonanza will have a chance to hear about opportunities on Tuesday.

IF YOU GO

What: Marcellus Shale Roundtable

When: Tuesday, 11 a.m.-1 p.m.

Where: Top of the 80’s, Hazleton

Cost: $36 for members of the Northeast Pennsylvania Manufacturers and Employers Association; non-members $72.

Contact: Darlene Robbins, 570-622-0992 begin_of_the_skype_highlighting              570-622-0992      end_of_the_skype_highlighting, drobbins@maea.biz

That’s when the Northeast Pennsylvania Manufacturers and Employers Association will hold a combined Schuylkill/Luzerne CEO roundtable at the Top of the 80’s restaurant on Route 93 to talk about Marcellus Shale development with a focus on manufacturing jobs.

Darlene Robbins, president of the association, said that about 25 member companies were registered for the event by Wednesday.

“Our purpose of the event is to provide the discussion to the companies,” Robbins said, “about the services that are available with this Marcellus Shale development.”

Robbins said the businesses already registered include service providers, universities, workforce development agencies and electrical contractors.

According to the Marcellus Shale Coalition, based in Canonsburg, an industry funded study by The Department of Energy and Mineral Engineering in the College of Earth and Mineral Sciences at The Pennsylvania State University found 44,000 jobs already created in the state and projected more than 200,000 direct and indirect jobs would be added by 2020.

The potential jobs include site construction, well production, pipe manufacturing and transportation.

The Marcellus Shale is a layer of sedimentary rock about a mile underground that contains natural gas. This layer underlies much of Pennsylvania and West Virginia, and parts of New York, Ohio, Maryland, Virginia. Drilling is just getting started in Luzerne County, and companies have leased thousands of acres, mostly in the northern and western sections of the county.

Copyright: Times Leader

Drilling wastewater rule gets vital Pa. approval

MARC LEVY Associated Press Writer

HARRISBURG — A key piece of the state’s approach to controlling water pollution from Pennsylvania’s fast-expanding natural gas drilling activity cleared a major hurdle Thursday.


The Independent Regulatory Review Commission voted 4-1 over the objections of the gas industry to approve the Rendell administration’s proposal to prevent pollutants in briny drilling wastewater from further tainting public waterways and household drinking water. State environmental officials say too much of the pollutants can kill fish and leave an unpleasant salty taste in drinking water drawn from rivers.

“Drilling wastewater is incredibly nasty wastewater,” state Environmental Protection Secretary John Hanger said after the vote at the panel’s public meeting. “If we allow this into our rivers and streams, all the businesses in Pennsylvania will suffer … all those who drink water in Pennsylvania are going to be angry and they would have every reason to be, and all of those who fish and love the outdoors are going to say, ‘What did you do to our fish and our outdoors?”’

The vote comes at the beginning of what is expected to be a gas drilling boom in Pennsylvania. Exploration companies, armed with new technology, are spending billions to get into position to exploit the rich Marcellus Shale gas reserve, which lies underneath much of the state.

The rule would put pressure on drillers to reuse the wastewater or find alternative methods to treat and dispose of the brine, rather than bringing more truckloads of it to sewage treatment plants that discharge into waterways where millions get drinking water.

The rule is designed to take effect Jan. 1. However, the Republican-controlled Senate, a key counterweight to Democratic Gov. Ed Rendell, could delay that if it votes to oppose the rule.

The drilling industry, as well as a range of business groups and owners, opposes the rule, calling it costly, confusing, arbitrary and rushed during more than three hours of testimony before the regulatory review commission.

Some, including a representative of the state’s coal industry, said they were worried about how it would affect different industries that also produce polluted water.

Water utilities, environmental advocates and outdoor recreation groups lined up behind it.

With drilling companies poised to sink thousands of wells in Pennsylvania, state environmental officials worried that its waterways would become overwhelmed with pollutants. They began writing the new rule last year.

Conventional sewage treatment plants and drinking water treatment plants are not equipped to remove the sulfates and chlorides in the brine enough to comply with the rule.

In addition, the chlorides can compromise the ability of bacteria in sewage treatment plants to break down nitrogen, which can be toxic to fish, environmental officials say.

Currently, a portion of the massive amounts of brine being generated by well drilling is entering the state’s waterways through sewage treatment plants, and that flow would be unaffected by the rule.

Once the rule takes effect, a treatment plant would have to get state approval to process additional amounts of drilling wastewater beyond what it already is allowed, or ensure that it was pretreated by a specialized method that removes sulfates and chlorides.

Hanger said no other industry will be affected and he has worked to incorporate the concerns of business groups that have had more than a year to scrutinize the administration’s plans. The companies, he said, are making more than enough money to pay for alternative treatment methods.

Copyright: Times Leader

Gas firm asks to lay pipeline in Dallas Twp.

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

Panel to hold forum on drilling preparedness

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

Severance-tax issue a big hurdle for drill laws

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

Resident asks council to slow gas drilling activity

EILEEN GODIN Times Leader Correspondent

HARVEYS LAKE – Resident Michelle Boice on Tuesday night asked that borough council take an active role in slowing down natural gas drilling activity.


She cited the incident near Clearfield, Pa., as an example of what could happen. In that western Pennsylvania incident, a gas well in an uninhabited area blew out, spewing drilling mud and natural gas for hours before it was brought under control.

She detailed the long road the borough and residents have traveled to maintain and keep Harveys Lake clean, and cited how the state Department of Environmental Protection refuses to give out any more sewer permits and will not allow a resident to build a dock because of a “certain type of micro organism is living there.”

“But they approved three gas drilling permits in Lake Township, Lehman Township and Noxen,” Boice said. “All within two miles of Harveys Lake.”

Council Vice President Larry Radel told Boice he has been in contact with state Rep. Karen Boback and state Sen. Lisa Baker regarding the gas drilling.

“I have been gathering information,” Radel said. “I am trying to push for state help.”

In other matters, an update of the borough’s comprehensive plan and storm water basin inspections were approved and two new part-time police officers were hired.

With $60,000 from a Community Development grant in their pockets, council approved Wilkes-Barre engineering firm Michael J. Pasonick Jr. and Associates to help conduct studies to update the municipality’s comprehensive plan.

The current plan is dated 1974 through 1990. Council President Fred Kopko said it covers subjects such as traffic studies, projection of population, vacant land, housing, economic and transportation goals.

It serves as a guide to what is currently in the borough and how it might continue to grow, he said.

Council member Rich Williams III announced that during the next few weeks, storm water basins will be inspected and repairs made as needed by the borough’s road crew. The crew has a map and a schedule to visit each basin, but if residents know of one that is severely damaged they can contact Williams through the borough office.

Two part-time officers, Gina Kotowski and Jared Kittle, were hired, at $13.75 per hour, to cover shifts during other officers’ summer vacations.

Copyright: Times Leader

Drillers told not to take shortcuts

State DEP chief warns gas companies to put end to well blowouts and water pollution.

MARC LEVY Associated Press Writer

HARRISBURG — Serious consequences await the state’s rapidly growing natural gas industry if companies are caught cutting corners of safety measures to pump up profits, Pennsylvania’s top environmental regulator warned Wednesday.

Environmental Protection Secretary John Hanger told a state Senate committee that companies flocking to Pennsylvania to exploit the rich Marcellus Shale natural gas reserve must stop well blowouts, gas migration and water pollution.

He said he has seen examples of negligence and accidents and cited his agency’s actions to withhold new permits, stop a company’s operations or seal wells when safety is compromised.

“We need this industry to get the message from us that we expect that safety is not going to be sacrificed when those decisions have to be made, and there will be serious consequences” if it is, Hanger said.

Hanger spoke on the heels of two high-profile natural gas well accidents, one in Pennsylvania and one in West Virginia.

The Senate Environmental Resources and Energy Committee hearing was held as a result of a well blowout in Clearfield County earlier this month that spewed natural gas and wastewater into the air for 16 hours before it was brought under control.

It was incredibly lucky that a nearby engine did not ignite the gas and cause an explosion or fire, Hanger said.

Hanger declined to reveal the results so far of the investigation into the June 3 blowout, though he repeated criticism Wednesday of the apparently botched attempted by the company, EOG Resources, to get in contact with his agency’s emergency response hotline.

On another matter, he told senators that his agency found no violations after inspecting several Pennsylvania wells being drilled by Union Drilling, the contractor that was drilling a West Virginia well that caught fire three days after the blowout.

Hanger’s 90 minutes of testimony came a day before a state board is to vote on proposed new standards that he views as crucial to protecting public waterways from briny and chemical-laden drilling wastewater.

Copyright: Times Leader

Proposed Lehman Twp. gas drill site contested

Residents challenge zoning permit in area “consistent with agricultural use.”

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

WILKES-BARRE – Some Luzerne County residents have taken legal action challenging the issuance of a zoning permit for a proposed natural gas well drilling site in Lehman Township.

Township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas are objecting to township supervisors on April 13 granting Whitmar Exploration Co. and EnCana Oil & Gas a conditional use permit for placing a natural gas well on part of an approximately 120-acre site located at 100 Peaceful Valley Road owned by Russell W. Lansberry and Larry Lansberry.

A previous story incorrectly identified the well site as being in Lake Township on property on Soltis Road owned by Amy and Robert Salansky. There has been no appeal of a special-use permit that the Luzerne County Zoning Hearing Board approved for that site in May.

Attorney Jack Dean, of Elliott Greenleaf & Dean, filed a notice of appeal of the Lehman Township supervisors’ decision on Monday with the county Prothonotary’s Office on behalf of the objectors.

“There is no credible argument that this industrial use of gas drilling, with the massive disruption that it causes, is consistent with agricultural use, which is what the area is zoned, or with the character of the community,” Dean said.

According to the notice, the supervisors’ decision is contrary to the township zoning ordinance and constitutes an error of law or manifest abuse of discretion in that:

• Gas drilling on the property would jeopardize the community development objectives of the ordinance and adversely affect the health, safety and welfare of the public and the environment.

• Public services and facilities such as streets, sewage disposal, water, police and fire protection are not adequate for the proposed use.

• Existing and future streets and access to the site will not be adequate for emergency services, for avoiding undue congestion and for providing for the public safety and convenience of pedestrian and vehicular traffic, and unsafe and/or dangerous traffic conditions will result.

• The nature and intensity of the operation would not be compatible with adjoining development and the character of the zoning district.

• The proposed use would lower the value of nearby properties.

• The proposed use will be more objectionable in terms of noise, fumes, odors, vibration or lighting than other operations permitted in an agricultural district.

At an April 13 public hearing, which EnCana officials did not attend, the supervisors voted unanimously to approve the application if certain conditions were met, including posting bonds totaling $45,732 to maintain Firehouse and Peaceful Valley roads, keeping drilling-related traffic on Firehouse Road and state Route 118 and off Old Route 115, providing adequate insurance coverage for the township and that EnCana sign a legal agreement holding it to its commitment.

Supervisors Vice Chairman Ray Iwanowski made the motion to enact the ordinance and Chairman David Sutton and Supervisor Douglas Ide voted yes. For ethics reasons, only Iwanowski could make the motion; and neither Sutton nor Ide could participate in any questions about the vote or make the original motion because they have personal ties to gas drilling. Ide leased some of his own land for gas drilling, and Sutton consults property owners concerning drilling.

The Lansberry site likely would be EnCana’s third well site in the county if EnCana’s plans are not held up by the appeal. The company plans to begin drilling its first well in the county in July at a Fairmount Township site located off state Route 118 between Tripp and Mossville roads and owned by Edward Buda.

EnCana in May had received approval from the Luzerne County Zoning Hearing Board for a drilling site on property at 133 Soltis Road in Lake Township and owned by township Supervisor Amy Salansky and her husband, Paul.

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

Copyright: Times Leader

Drilling in shale bringing little tax

State county commissioners association is working to broaden taxing authority.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Counties, municipalities and school districts aren’t seeing any significant tax revenue related to Marcellus Shale development under current tax law.

But the County Commissioners Association of Pennsylvania is working to change that, lobbying for legislation that would give those governmental bodies property taxing authority on natural gas similar to taxes levied on coal extraction.

“We have to have the assessment law changed. The reason (is that) other minerals are assessed. It’s not fair to the other mineral (extraction companies) and it’s not fair to the rest of the taxpayers who have to pick up the burden of their exemption,” association Executive Director Douglas Hill said of natural gas and oil companies.

Hill said the state Supreme Court in 2002 ruled that counties had no statutory authority to tax oil and gas because state assessment law specifically includes coal but makes no mention of oil or gas.

Since that time, oil and gas interests have been escaping local property taxes, which had been paid in oil and gas-producing counties since at least the early 1900s, according to a position paper released by the association.

“Producers of other minerals such as coal and limestone already pay their fair share of the property tax. Counties support reversing the Supreme Court’s 2002 decision to assure that oil and gas companies contribute their share to the local tax base as well,” the paper states.

Hill said House Bill 10 of 2009, sponsored by state Rep. Bill DeWeese, D-Greene County, would restore property tax assessment authority on oil and gas.

The levy proposed in the bill would apply only to proven wells. “If there’s nothing to be extracted or (the gas) can’t be extracted, then there is no value,” Hill said.

Hill said there is, of course, opposition to the bill from the oil and gas industry. But he pointed out that other oil and gas producing states assess oil and gas extraction. Hill also said that large, multinational companies involved in Marcellus Shale exploration already had payment of such a tax built into their business plans and were surprised to learn that Pennsylvania counties can’t assess natural gas extraction.

Another association position paper points out several ways local communities are impacted by Marcellus Shale exploration that justify taxation.

“Some of the most visible impacts have been to township roads, county bridges and other infrastructure as developers bring drilling rigs, construction equipment and truckloads of water to and from drilling sites. &hellip Hotels might be filled with workers associated with Marcellus, impacting both the tourism industry and the county hotel tax,” according to the paper.

“Workers from out of state and their families have utilized social services such as drug and alcohol treatment and children and youth services. County jails, county probation and law enforcement have been affected. Even county recorder of deeds offices are affected, flooded by title searchers confirming ownership of subsurface rights,” the paper states.

House Bill 10 is still in the House Finance Committee for consideration.

“We’ve been working on getting agreement to move on it. We want to have things in place for a vote in the House and prepare for going to the Senate. We’ve also been working on an introduction of a bill in the senate,” Hill said.

Generally, legislators understand the issue, Hill said, but it “gets confusing at times because they are looking at a state severance tax,” and the county and local taxation issue “gets tied up in all the other issues related to the Marcellus,” he said.

Currently, there are at least five Senate bills and at least 17 House bills pertaining to Marcellus Shale exploration as well as one House bill, two senate bills and a budget proposal from Gov. Ed Rendell that address the imposition of a severance tax, according to information provided by state Sen. Lisa Baker, R-Lehman Township.

In the meantime, county assessors are waiting for some legislative determinations.

Luzerne County Assessor’s Office Director Tony Alu feels pretty confident that legislation eventually will be adopted and that the county will see some tax revenue from natural gas extraction.

Alu said assessors from various counties had been discussing among themselves various taxation formulas that would be most appropriate to tax natural gas extracted.

“We’re waiting on the state to make a determination so that we can all be uniform. &hellip We just want to make sure we’re doing the right thing,” Alu said.

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

Copyright: Times Leader