Legislator wants conservation districts to play key role in erosion and sediment control in shale.

State Rep. Karen Boback wants to see authority over erosion and sediment control in Marcellus Shale natural gas drilling sites returned to county conservation districts.

Boback, R-Harveys Lake, announced Monday she would introduce a bill in September that would make that happen if the legislation can gain enough support in the state House and Senate.

“When it comes to protecting our water, air and other natural resources, I say the more oversight, the better,” Boback said in a press release.

“Conservation districts have historically been active in implementing programs for pollution and sediment control, and I believe they have a valuable role to play as the natural gas industry in Pennsylvania continues to develop,” she said.

County conservation districts have acted as the primary local government unit responsible for the conservation of natural resources and implementing programs to address soil erosion, storm water management and flood control.

In 2009, the state Department of Environmental Protection assumed some of these responsibilities for sites of oil and gas drilling operations, effectively eliminating the role of conservation districts in the process.

“It is all about protecting the environment and the health and safety of our citizens,” said Boback. “This legislation is about reinserting local oversight into the drilling process. Decisions about our local environment should not only be in the hands of officials in Harrisburg.”

Boback said she is committed to “upholding the Pennsylvania Constitution’s guarantee of clean air and water,” and noted her opposition to forced pooling and other policies that she says would “usurp the rights of individual landowners.”

Forced pooling, which the oil and gas industry refers to as “fair pooling,” would allow drilling companies to extract gas under un-leased properties without the property owners’ consent and then compensate the property owners.

Josh Longmore, manager of the Luzerne Conservation District, said the conservation districts in Susquehanna and Bradford counties had been reviewing and either approving or disapproving erosion and sediment control plans for gas drilling sites until DEP issued a directive in March 2009 indicating the department would take over that responsibility.

“DEP told us it would streamline the process for the gas companies, although we’re all following state guidelines,” Longmore said.

Conservation districts all operate under the same DEP-established guidelines.

And although it might be easier for gas companies to go to one source for approval of sediment and erosion control plans regardless of which county they drill in, it might not be more cost effective for the state, which provides most of the funding for conservation districts.

According to a summary of a June 2005 report of the General Assembly’s Legislative Budget and Finance Committee, the committee found that it “appears highly likely that the conservation districts can provide services at significantly less cost than if the programs were administered directly by commonwealth employees.”

Longmore also said he believes it’s “good for local people to have direction and input over local (earth-disturbing) activities” because they are more familiar with local terrain than state inspectors might be.

“However, it could grow to a level where it would be too big for us to handle. I can see both sides,” Longmore said.

Longmore noted Encana Oil & Gas asked the Luzerne Conservation District to review its erosion and sediment control plans for a drilling site in Luzerne County before submitting them to DEP.

“We reviewed them and made some minor suggestions. So we were appreciative of that opportunity. We have a regulatory hat that we wear, but a lot of our programs provide technical assistance,” he said.

Longmore also noted Encana awarded the district a $10,000 education grant that was placed in its Education and Outreach Fund.

“We would have felt we couldn’t accept that if we were in a regulatory role,” he said.

Copyright The Time Leader By Steve Mocarsky smocarsky@timesleader.com

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