INFORMATION FOR LOCAL GOVERNMENTS
Sullivan County Natural Gas Taskforce Report Understanding Impacts and Protecting Public Assets
ENERGY BOOMTOWNS & NATURAL GAS : Implications for Marcellus Shale Local Governments & Rural Communities by the Northeast Regional Center for Rural Development, the Pennsylvania State University
SUMMARY OF GOVERNMENT JURISDICTION OVER NATURAL GAS DRILLING OPERATIONS IN NEW YORK STATE
The Article 23, Title 3 of the Environmental Conservation Law (ECL) delegates all authority to regulate natural gas drilling to the NYS DEC. The ECL specifies that local governments retain jurisdiction over local roads and their rights under the Real Property Tax Law.
Towns wishing to exert jurisdiction over local roads in an attempt to mitigate potential impacts have several options under Section 1660 of the Vehicle Traffic Laws.
Strategies towns may employ include:
1. The Town Board may establishing truck routes for through traffic
CLICK HERE FOR THE LANGUAGE FROM THE VEHICLE TRAFFIC LAWS
2. Posting roads and establishing weight limits
CLICK HERE FOR SAMPLE WEIGHT LIMIT LOCAL LAWS
CLICK HERE FOR DISCUSSION OF TEMPORARY (SPRING) WEIGHT RESTRICTIONS
3. Issuing hauling permits for local roads (this may be a simple as accepting the NYS DOT hauling permit as the local permit)
4. Controlling curb cuts through highway work permits
5. Establishing a Road Preservation Local Law that requires haulers to establish bonds
Call the Planning Dept for information on a Road Preservation Local Law
Broome County is currently considering a law that specifically targets traffic associated with natural gas activities. Broome County's proposed law includes provisions for a permit to operate a natural gas vehicle, insurance, bonding, an escrow account and a road damage remediation account. Contact the Planning Dept for information on this law.
6. Adopt a highway work permit with special permit conditions that apply to seismic testing
CLICK HERE FOR SAMPLE SPECIAL PERMIT CONDITIONS
(CALL THE PLANNING DEPT FOR INFORMATION ON OTHER CONDITIONS THAT MAY BE IMPOSED.
7. Noise Ordinances to regulate noise from temporary noise sources (drill rigs), portable noise sources (portable generators and compressors), permanent non-portable noise sources (large generators and compressors at well heads and on transmission lines), mobile equipment (earth moving equipment, vibraseis trucks), etc.
CLICK HERE FOR SAMPLE NOISE ORDINANCES AT
THE NOISE POLLUTION CLEARINGHOUSE LAW
LIBRARY
We are currently researching noise ordiances for a
local law that would be best suited to rural/
agricultural areas. Check back for future posting
The Planning Department encourages any towns or villages wishing to exercise any of the above strategies to contact the Association of Towns (518-465-7933) or the Cornell Local Roads Program (607-255-8033) and the town/village attorney.
OTHER CONSIDERATIONS FOR LOCAL GOVERNMENTS
It is the Planning Department’s understanding that NYS DEC routinely requires natural gas companies to notify local governments via certified mail at the time a drilling permit is issued. The drilling permit will contain a condition that the natural gas company comply with all applicable regulations and required permits, however, it is unlikely that the permit will specifically mention specific laws, such as a road preservation law or noise ordinance.
The Town should notify the drilling company of the local laws pertaining to roads and noise and any requirements the town has, such as truck routes, hauling permits and bonds immediately upon receiving the required notification from the company. In addition, the Town may want to request that NYS DEC include as a specific permit condition that requires drillers to comply with the local laws.
Recent reports from local officials visiting governments in Texas indicate that the most common long-term impact from the exploration and production of natural gas is noise from permanent compressor stations along gas pipelines. Erik Miller, Director of OCCA, indicated in his August 6th presentation that local governments may be able to exert some control over land use issues associated with the development of the natural gas transmission infrastructure.
 Southern Tier East Regional Planning Development Board
Observations concerning the role of local government in relation to Natural Gas Exploration and Production in the Marcellus Shale in the Southern Tier East Region of New York State
INFORMATION FOR LANDOWNERS
 NEW (6/26/09) Landowners are beginning to consider initiating pre-drilling potable water testing themselves in anticipation of gas drilling activities in the area. The following links provide some guidance:
Testing Your Drinking Water Brochure - general testing guidelines
Methane Gas and Its Removal From Wells in Pennsylvania - understand naturally occurring methane in wells versus gas induced by drilling, includes recommendations for laboratory testing and a simple at home test to determine the presence of methane, natural or induced
Water Tests: What Do The Numbers Mean - easy to understand explanation of drinking water standards and potential contaminates
Gas Well Drilling and Your Private Water Supply - includes recommendations for testing parameters
OHIO DEPT OF NATURAL RESOURCES
Best Management Practices for Pre-Drilling Water Sampling
Includes recommendations for testing parameters
Laboratories Certified for Water Testing In New York
Frac Water Chemicals List supplied to Riverreporter.com by the PENN DEP
NYS DEC - Gas Mining in New York
General information about New York State's Oil and Gas resources, regulations and permitting
UPDATED (7/1/09) CLICK HERE - for a list of all regulated wells in Otsego County from the DEC's online database No new applications submitted to DEC since 2008, however three permits for previously submitted applications were issued in June 09
NEW (7/1/09) Modern Shale Gas, A Primer
By the Groundwater Protection Council, funded by the US Dept of Energy
NEW (7/1/09) State Oil and Natural Gas Regulations Designed to Protect Water Resources
By the Groundwater Protection Council, funded by the US Dept of Energy
NYS DEC - What Landowners Need to Know About Oil and Gas Wells
Information about how oil and gas wells can affect a landowner. Visit this link for the DEC's brochure "Landowners Guide to Oil and Gas Leasing"
NEW (4/13/09): Hydraulic Fracturing Considerations For Natural Gas Wells of the Marcellus Shale
Presented at the Groundwater Protection Council 2008 Annual Forum
NYS DEC - Unit Spacing and Compulsory Integration
Information about unit spacings for Marcellus/Utica Shale Gas wells
Includes the Land Owner Option Guide The guide what happens when land owner, who has not leased, is part of a well's spacing unit.
Natural Gas Lease Forum for Landowners
"Because Community is Everything"
A Pennsylvania based web site. The web site's goal is to make it easier for landowners considering natural gas leasing to network together and acquire relevant information about the benefits and pitfalls of leasing land for natural gas and oil.
loaded with valuable information on understanding natural gas leases and natural gas leasing issues. See what other lease offers have been made in your area.
Central New York Landowners Coalition
Email Richard Lasky for information on this local group in Norwich, NY whose
mission statement is education, negotiation and conservation. Their goal is to help people in the coalition not to make a mistake by signing dangerous and misleading leases.
Cornell Cooperative Extension Gas Exploration and Leasing on Private Land
Tips and guidance for landowners
Farm Bureau Flyer on Oil and Gas Leases
Basic information on what is in a lease, terminology, and things to consider before signing
Susquehanna River Basin Commission
The agency has authority approve the water used for drilling and hydrofracturing wells. Includes a presentation entitled Gas Well Drilling and Development that explains how drilling and hydrofracturing is done.
Susquehanna River Basin Commission Presentation from Otsego County Public Information Meeting August, 2008
SRBC Project Review
Otsego County Conservation Association - Information Sheet on Natural Gas Exploration Page 1 Page 2
Cortland County's Planning for Gas Leases Powerpoint
A presentation by Daniel Dineen, Cortland County's Director of Planning
Delaware Riverkeeper - Natural Gas Drilling Information
A summary of potential environmental impacts from drilling and hyrofracturing of wells
Local Governments and Community Interest in Natural Gas Exploration
- A webinar hosted by Cornell University Extension
Click for link
What do municipal officials need to know about Marcellus Shale
gas leasing and drilling?
Earthworks "Hydraulic Fracturing 101"
Includes discussion of the chemicals used, including the EPA list of hydrofracturing fluids, potential for contamination, disposal, best practices and tips for landowners
Eathworks Shale Gas: Focus on the Marcellus Shale
EPA's "Study to Evaluate the Impacts to USDWs by Hydraulic Fracturing of Coalbed Methane Reservoirs"
Chapter 4: Hydraulic Fracturing Fluids
The study of coalbed methane (CBM) wells involved interviews with approximately 50 state and local government agency staff members, communications with about 40 citizens who were concerned that CBM production had adversely affected their drinking water wells, and searches for confirmed incidents of drinking water well contamination.
Our Drinking Water At Risk - By the OIl and Gas Accountability Project - A project of Earthworks
A criticism of the above EPA study
US Dept of Energy - Hydraulic Fracturing White Paper
Otsego County Public Information Meeting
The Planning Department would like to thank the presenters at the August 6th public information meeting regarding natural gas drilling. We have attempted to answer all unanswered questions that relate to regulation of natural gas drilling.
Click here for answers to unanswered questions from Aug 6th.
Marcellus Shale Geology and Gas Well Drilling Presentation - James Ebert, SUNY Oneonta, Earth Sciences Dept
See Also - Susquehanna River Basin Commission Presentation above
Natural Resource Defense Council (New: 5/8/09)
Land Facts: Drilling Down - Protecting Western Communities from the Health and Environmental Effects of Oil and Gas Production
Delaware River Basin Commission/Susquehanna River Basin Commission Issues on Gas Drilling (New: 5/11/09)
Examining facts from both
sides of the fence and then, face the issues and promote decisions based on fact |
