Tag Archives: pennsylvania

Hodgepodge: Sullivan County Leases, David Jones


IN SULLIVAN COUNTY, NY:    According to an article on the front page of the  March 9, 2010  Sullivan County Democrat, “On March 2, the Sullivan County Clerk’s Office filed four new gas leases in western Sullivan County…  Industry insiders have acknowledged that leasing slowed down while everyone awaits New York State’s finalization of new gas drilling rules.  Those rules are expected to go into effect later this year, and with Sullivan County sitting on what has been identified as a deep and potentially plentiful source of Marcellus Shale natural gas, industry interest has reappeared. ”

According to the article, of the four recently-signed leases,  two  are for mineral rights in the Town of Delaware,  one is in  the Town of Cochecton and one is in the Town of Fremont.

This  Thursday  (March 18, 2010)  the Sullivan County Legislature will meet in  full at  2:00 PM in the Government Center at 100 North Street in Monticello, NY.   In accord with  Breathing’s March 5, 2010 article about Sullivan County’s current efforts to update its  Hazards Mitigation Plan,   the  March 18th  meeting is open to the public and would be one venue in which to ask that the Legislature conduct public meetings  where  residents can hear from and ask questions of  Commissioners of  Public Health, Public Works, Planning and our  emergency responders.  The linked article  contains other suggestions that might be made to the Sullivan County Legislature.

The Delaware Town Board is meeting tomorrow night (Tuesday March 17th) at 7:00 PM  in Hortonville.

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On March 11, 2010,  The River Reporter published  a  letter to the editor from James Barth in which he alleged that David Jones, drilling and hydraulic fracturing proponent and  a member of  Northern Wayne Property Owners’ Association, “… either alone, or with partners, has purchased,  just since the natural gas boom talk started, the following acreage: In June of 2008, Jones Partners LP purchased 185 acres in Berlin Township for $1,000,000. In August of 2008, David C. Jones purchased 68.99 acres in Damascus Township for $438,500. In May of 2009, Ruth M. and David C. Jones purchased two plots of land in Preston Township that totaled 181.75 acres at a cost of $825,000.  Therefore, in the 12-month period between June of 2008 and June of 2009, Mr. Jones and partners seem to have paid $2,263,500 for 435.75 acres of land. During this period, Mr. Jones has been a vocal proponent of high volume, slick water hydraulic fracturing and horizontal drilling into the Marcellus Shale.”  (Mr. Barth cites to “tax assessment public records.”  By following the link and searching for “Jones” and “Jones Partners,”  you will find the records referenced by Mr. Barth.)

After reading Mr. Barth’s letter,  Breathing phoned  Mr. Jones and  asked  whether or not  he’d made  the 2008-2009 land purchases  and if so,  where he’d gotten  the necessary funding ($2,263,499).

Mr. Jones —  who has been unfailingly civil and generous with his time  in our conversations —  provided answers off-the-record but would not address his real estate purchases  publicly.

He did have opinions concerning news that the Wayne Highlands School District is considering leasing its gas rights to HessNewfield.  “It’s a great idea to lease school property.  The wells have to be far enough from  a school in case of an accident — because you never know — a minimum of 500 feet from any structure.  Our  local and school taxes are too high.”

At the  March 9, 2010  Wayne Highlands Board of Education  meeting, members of the public expressed concerns over siting gas wells on school property.  Some referenced a recent talk in Callicoon by Mayor Tillman in which he vehemently opposed drilling in school yards and also explained why children should not be exposed  to  air and water toxins which  might  result  from such drilling.

On the question of whether or not Pennsylvania should levy a severance  tax on gas extraction  (as has been done in all other extraction states  except New York and Pennsylvania)  Mr. Jones was unequivocal, “No.  We already tax royalties paid to lessors.  There are other ways to raise state revenues.  For one thing, we could lease public lands.”

A February 12, 2010  press release from  PA State Representative John Siptroth roundly criticized expanding gas leases on PA’s  State  lands.  In part,  Siptroth’s press release reads, “‘The local recreation industry would suffer great loss, as would hunting and fishing activities….  The few local jobs created by the gas industry are not worth losing hundreds more jobs that depend on Pike County’s pristine environment.’  Siptroth has co-sponsored House Bill 2235, which would put a five-year moratorium on leasing additional state forest land for natural gas drilling in the Marcellus Shale region.  The State Forest Natural Gas Lease Moratorium Act would give the state Department of Conservation and Natural Resources sole discretion after the moratorium ends Dec. 31, 2015 to determine if state forests can withstand additional natural gas exploration.”

In his January 28, 2010 letter  to Governor Rendell,  Representative Siptroth writes, “Today more than one-third of the entire State Forest — over 700,000 acres — is either already under lease or acreage on which the mineral rights are not owned by the state.  At least 100 wells are slated to be drilled in the State Forest in the coming year, and it’s expected that we could have as many as 1,500 well pads with 5,000-6,000 wells drilled over the next decade on the State Forest land that was leased in just the last 18 months.”

David Jones also believes  it would be appropriate for the Town of Damascus to  change its zoning regulations to permit gas extraction in its Rural Residential District.  “It will benefit residents.  It’s what  the majority of people want.”

As to the ability of  Pennsylvania’s Department of Environmental Protection (DEP) to regulate and oversee gas extraction,  Mr. Jones stated,  “We need more  DEP  inspectors  but I believe that’s being taken care of.  There’s a new field office in Scranton.”

Mr. Jones is referencing announcements made in January and February by Pennsylvania’s Governor Rendell and DEP Secretary John  Hanger which stated, in part,   “DEP will hire 68 permitting and inspection staff, including 10 for the new Scranton office, in response to expectations that the industry will apply for 5,200 new Marcellus Shale drilling permits in 2010—nearly three times the number of permits issued during 2009.”

According to DEP’s own records, there are significant discrepancies between the numbers of  wells permitted during 2009 (6,240 vs.  2,543)  and the number drilled since 2005  (19, 165 vs. 18,796).  Also according to DEP’s records,  there were 9,848 well inspections during 2009 which revealed  3,361 violations and  resulted in 678 enforcements.  (Numbers are culled from DEP’s 2009 Year End Report and its  2009  Year End Workload Report.  Other numbers are available at the 2010 Permit and Rig Activity Report.   The reports can be found at:  http://www.dep.state.pa.us/dep/deputate/minres/OILGAS/oilgas.htm

Mr. Jones was willing to be quoted also  about protecting  the Delaware River and its environs from  a proposed power line which would traverse three National Parks.  According to The National Park Service (NPS) : “We would like to inform you of a new planning effort at the Delaware Water Gap National Recreation Area, Middle Delaware National Scenic and Recreational River and the Appalachian National Scenic Trail.  PPL Electric Utilities Corporation and PSE&G, have proposed to upgrade and expand a power transmission line from Susquehanna (Berwick, Pennsylvania)  to Roseland, New Jersey (the S-R Line)…that currently crosses the three Parks….”   (The National Park Service’s Scoping Newsletter on  PPL-PSEG’s  proposed power line upgrade and expansion is  here.)

Although three plans —  Projects A, B and C — have been debated during the past few years,  the National Park Service gave the nod to Plan B in 2009. (All three of the planned routes are mapped here with brief descriptions of the areas proposed for transection.  Another good breakdown is offered by The Times Tribune with links to NPS  maps.)

However, NPS  has re-opened  discussions recently  on the  three possible routes and that  has Mr. Jones concerned.  “Plan A is the worst of the three,”  he said.  “The Park Service will have to buy land,  clear land and  put a tower on an island that floods.  It’s going to cost.  The environmental impacts will be greater than from Plan B.  We’ve got  an endangered cactus species where  Route A would go.  Not many people know that.   There’s a crystal-clear native trout stream. The line will go over one of my campgrounds.  Nobody will want to camp there.  The Delaware Water Gap is the gateway to  the Delaware River recreational area.  It’s  going to look great  with power lines draped across it,” he said sarcastically.  “New Jersey needs power but it doesn’t want the lines.  It’s a waste of energy to run them so far from where the population need is.”

Mr. Jones suggested  that,  “[The power lines] should go where the people are — where more people will be using the power.  But they’ll fight that.”

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*For more on Chesapeake, please read Breathing’s article,  “Chesapeake Energy and Penn State’s Robert Watson :  Who Are Those Guys?

Tillman, Janyszeski : Dimock and Callicoon


First,  who is   Mayor Calvin Tillman from DISH, Texas and why should any of  us  care that he spent  last week in a whirlwind tour of  New York and Pennsylvania communities?

Three years ago,  Calvin Tillman  was elected  Mayor of DISH,  Texas, which  is located in the heart of the  Barnett Shale about 25 miles north of Fort Worth.

DISH  occupies no more  than 2 square miles,  is home to about 180 residents and its  annual operating budget  is a mere $70,000.  (For reference,  The  Incorporated Village of  Liberty, NY  covers 2.39 square miles,  is home to 3,975  residents and has an annual GENERAL  budget of $3,798,804.00.)

According to  Mayor  Tillman’s  presentation (which Breathing heard in both  Dimock, PA and  Callicoon, NY)   DISH is also home to  “eleven natural gas compressors as well as  an associated treating facility, four natural gas metering stations, around eighteen natural gas wells within its corporate limits,  fifty plus wells just outside  its corporate limits”  and is where  “eleven high pressure natural gas pipelines converge.” (Please find aerial views  here.)

The Mayor  and his  residents became increasingly alarmed by   the noise  generated at the compressor site.  “One compressor creates noise at 85-90 decibels…and DISH has 11.”   (According to the American Speech Language Hearing Association,  “Sounds louder than 80 decibels are considered potentially dangerous.”)  Although Tillman was eventually able to  obtain noise abatement  around the compressors,  a foul stench —  apparently emanating from the same site —  continued to  permeate the town  and   “all the trees along the compressor site were dead or dying.”

After  complaining about  the odor for several years,  “The person who finally came to look said  he couldn’t determine the source of the odor.”

Eventually,  five corporate operators performed a joint air study  and  concluded,  “no natural gas leaks were found that would be detectable to the human nose.”

The stench worsened  and as a result,   DISH  spent approximately 15% of its annual budget to commission an independent air study  which  “assessed thirty-one  citizens and former citizens of the town….  The laboratory results confirmed the presence of multiple recognized and suspected human carcinogens in the fugitive air emissions present on several locations tested in the Town of DISH….  61% of  health effects reported [by study participants] are known health effects of the chemicals detected in the DISH air study.   These health affects include: difficulty in breathing, brain disorders, chronic eye irritation, dizziness, frequent nausea, increased fatigue, muscle aches, severe headaches, sinus problems, throat irritation, and allergies.”

In his presentations, Tillman added,  “All the commissioned tests were taken on private property within 100 feet of homes and children.”

According to the Occupational  Safety and Health Administration (OSHA),  “The maximum time-weighted average (TWA) exposure limit is 1 part of benzene vapor per million parts of air (1 ppm) for an 8-hour workday and the maximum short-term exposure limit (STEL) is 5 ppm for any 15-minute period.”

WFAA – TV lends credence to  Mayor Tillman’s concerns about air quality,  “So imagine the reaction of scientists looking at an air sample from a Targa Resources compressor station outside Decatur, west of DISH in Denton County. The sample revealed a level of 1,100 parts per billion of benzene.”  (Note:  1,100  ppb  =  1.1 ppm)

As  the Mayor pointed out,   recommended levels are based on a healthy 35 year old man’s exposure  over an eight hour period, five days a week.  Exposures are not based on the effects of exposure on pregnant women or children.   “Why  aren’t they based on pregnant women and children?” he asked rhetorically.  “Because they shouldn’t be exposed at all,”  he said.

(DISH  residents  are exposed  24/7.   Readers interested in learning more about the  DISH air study are encouraged to visit the Mayor’s site where the results have been published  and he  answers those  who have attempted, unsuccessfully, to debunk its results.  During his presentation, Mayor Tillman affirmed  that since the results of   the DISH air quality tests have been published,  “The Texas Commission on Environmental Quality (TCEQ) validated  the DISH air study in an internal memo.  They’re going to install a permanent  air monitoring unit in DISH.  If they’d  debunked our study,  they wouldn’t  have spent the money for that.”   The  TCEQ monitor will record air quality in DISH in real time and anyone  will be able to follow the results on the internet.  If you’re interested in hearing from DISH residents who have suffered debilitating health effects,    Split Estate,  presents  their stories. )

Although  concerns in DISH, Texas  are somewhat different from those raised  by drilling in  Dimock, PA or  the   Marcellus Shale in New York and the Delaware River Basin,  local residents   believed  those of us living in the Delaware River Basin would benefit from hearing about the “DISH experience.”   Mayor Tillman agreed  and  accepted invitations  to meet with some of our local communities.

Unlike most elected officials,  Tillman receives no compensation for his mayoral duties and he  refuses any compensation, reimbursement or sponsorship for his informational tours.

On Friday February 19, Mayor Tillman met in a closed-door session  in Narrowsburg, NY  with local policy makers and elected officials.  Neither the press nor the public attended and  beyond rumors that 20 or so attendees conferenced with the Mayor,  we have no information as to who attended or the scope of their conversations.

During  the afternoon of the 19th,  Tillman, accompanied by members of the press and private citizens, helped delivered 17 cases of fresh water to  Dimock, PA resident,  Pat Farnelli  for use by her and other familes  whose water has  been rendered useless by a toxic soup of  contaminants such as methane, dissolved solids, heavy metals, minerals, barium and strontium.  Approximately 18  Dimock families —  the number continues to grow — have filed suit against   Cabot Oil and Gas (Fiorentino et al. v. Cabot Oil & Gas Corp. et al., No. 09-2284, complaint filed M.D. Pa. Nov. 19, 2009)  for the degradation of their water supplies.  Although the drilling company has provided drinking water to some residents,  Farnelli says  her family doesn’t  qualify  for deliveries.  “There are  six or seven  gas wells  within about 700 feet of my house.  The  last time  we checked,  the methane saturation  of our water  was about 12%.  The DEP  [Department of Environmental Protection] said they won’t make Cabot  deliver water to us until our saturation is higher — maybe 30% or so — that’s what I’ve heard.  Between 30-50% is  when  the methane starts rumbling before the wells explode.  Four or more of my neighbors have had their wells explode.  Not just Norma’s.  But the  methane concentration  in our well  isn’t that high,  yet.”

When Breathing asked Ms. Farnelli if she had anything in writing from either  Cabot  or Pennsylvania’s  Department of Environmental Protection  (DEP)  explaining the 30% ceiling,  she said, “No.  It’s just what we’re told.”

In response to a question from Mayor Tillman,  Ms. Farnelli  explained  that when her children “drank water from the family well,  they’d get a terrible stomach ache and throw up.  They’d just double over.    Used to be, they’d drink water at the school, and they’d be fine but  whenever they drank our home  water,  they’d get sick.   And now,  the water at the school’s turned off, too.”   (A drill pad was erected on the Elk Lake School grounds after The Susquehanna River Basin granted  approval in July 2009.   See Docket #37.)

(Later  in the evening,    Breathing was in the Elk Lake School for a discussion of gas drilling sponsored by  The League of Women Voters.   The school’s water fountains were turned off.  Students  and staff are confined to drinking from bottled water dispensers  although water continued to flow to  lavatory sinks and toilets.    According to several attendees, students and parents were informed by  the Elk Lake School District that  installation of bottled water  was a precaution against the spread of  “the H1N1 virus.”  (Link to article written prior to the start of drilling.)  According to a December 9, 2009 article at  The Independent Weekender,  drinking fountains were shut down after the pump system “malfunctioned”  on October 15, 2009.  The  District Superintendent said the shutdown had nothing to do with drilling or hydraulic fracturing at the school site.   Further,  he stated  the water has been tested, found safe  and repairs would be completed over the Christmas break.  Instead, according to officials,  fountains were turned off  to prevent spread of  the H1N1 virus.)*

During Mayor Tillman’s presentations at both the Elk Lake School auditorium and The Delaware Community Center in Callicoon,  he was adamant that certain areas should be off limits to well drilling pads.  “You do not have to site them on school yards. You make this hazard a risk when you put it  in school yards and in peoples’ front yards.”

Locally,  the Wayne Highlands School District has been approached  by Hess about a potential leasing of school properties for drilling.

When  Farnelli was asked about her own health,  she admitted she’s undergone testing for lupus.   “The doctor ordered some blood tests for  metals,  but I haven’t had them done.  We don’t have health insurance.  Even though I’m on disability and my husband’s  cook job  barely pays the bills,  we don’t qualify for assistance and we sure can’t afford health care.”

“I feel like we were naive for signing the leases,” Farnelli continued.   “We sure aren’t prospering.  I wish we’d never signed.  The landman told us they probably  wouldn’t drill; that there’d  be little or no lasting damage or impact;  that there’d  be a commotion for two or three weeks, and then there’d be a little thing like a fireplug on a square of concrete in the hayfield left.  He said it was almost like winning the lottery and that’s how they were still talking Thrusday night at Elk Lake at the royalty owners’ meeting…about winning the gas well lottery.  They said the sign-on  bonus was the most anyone would pay  —  $25 per acre  —  and that it was like free money.  They made it sound  patriotic and  clean and green —  like getting America off of foreign oil dependency.   When   Norma’s  [Fiorentino] well blew up on New Year’s Day…we’ve been kicking ourselves.   The  Carter’s  well vent exploded  6 or 7 times.  Now,  I worry about my kids.”

“We were told everyone would get a  methane tester  for our basements but Cabot said the equipment wasn’t  necessary.  The  DEP showed up here with a Cabot representative and they were pretty jovial when they didn’t  find  methane in the basement.  Then they said they’d  found some  at our  well head and that they needed me to vent  it  because they’d found it in the water.   My husband wasn’t home and I didn’t know what I had to do.  They  didn’t explain anything and they said they couldn’t do it for me.  I asked for help a couple of times but they said I needed a big wrench.  Two days went by and  all they’d say was my house could  blow up.”

At this point in the story,  Mayor Tillman asked Ms. Farnelli for  the name of her DEP contact and said he planned to contact  him.

Throughout  Dimock, signs of poverty are  clearly visible and  the state of  dirt roads traveled by heavy drilling trucks was impossible to ignore.  Ruts were so deep and continuous that   humps as high as 8-9″ threatened  the under carriages of low-riding vehicles and, in part,  may have prompted  the Mayor’s question in Callicoon (below)  about the state of our  local roads.

On February 20th,  the Mayor was back in Sullivan County at the Delaware Community Center in Callicoon, NY where he was joined by Nancy Janyszeski,  Chair of the  Board of Supervisors of Nockamixon Township and Pennsylvania Chair of the Lower Wild and Scenic Delaware River.  They were  greeted by a standing-room only crowd that was a  mix of drilling advocates,  lessors and opponents of gas drilling.

After  explaining the results of air quality tests conducted by DISH (see above)  Tillman addressed  issues of hydraulic fracturing and  recommended several precautionary measures.   “I saw in Dimock that drill pads  are situated next to homes.   In Texas, local authorities are allowed to permit a well  which I was shocked to hear local ordinances can’t do here.   It needs to come back to the local level. In theory,  Chespaeake could buy and tear down this building and put in a well and there’s nothing your local governments  could do about that. They might buy a city block like in Fort Worth  and put a pad site. What’s good for Albany might not be good for here. Urge your local officials to get the local control back to the local level.”

Supervisor Janyszeski  echoed the Mayor’s concern about local control.  Nockamixon has used zoning  to  hold the drills at bay until  protections of its water and land are in place.  “We’ve  always  understood the benefits of drilling, but we need to make sure it’s safe.  We’re in  Special Protection Waters.  We have a Wild and Scenic Rivers designation.  The proposed drilling site in Nockamixon is on an Exceptional Value Stream.

“Hundreds  of leases were signed  before we even knew they were in town,”  Janyszeski said.  “The gas people say  they don’t need local permits.

“The  drilling will be for a short-term  and our communities will be left with the clean up   but the gas companies  come in and  say, ‘We  don’t need a permit  from local governments.  If you or I want to put an addition on our house, we need a permit.  Why don’t then need one?”

At which point, most of the audience broke into spontaneous applause.

Janyszeski then discussed an  amicus brief filed by,  among others,   Nockamixon Township, The Delaware Riverkeeper and Damascus Citizens in the Supreme Court of Pennsylvania concerning the ability of local governments to control  gas drilling within their borders.

According to the  Court’s ruling,  “Municipalities have a unique authority and responsibility in the regulatory framework which must be maintained; they ‘give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality.’”   In the end,  the court’s  decision permits a local regulatory body to enact “traditonal zoning regulations that identify which uses are permitted in different areas of the locality,  even if such regulations preclude oil and gas drilling in certain zones….”    However,  the decision also restricted the scope of  local jurisdiction,  “We do not, for instance, suggest that the municipality could permit drilling in a particular district but then make that permission subject to conditions addressed to features of well operations regulated by the [Pennsylvania Oil and Gas] Act.”  (Bold added for emphasis.)  Essentially, when it comes to actual drilling practices and operations,  the  Court  upheld that Pennsylvania State law will carry more force than local regulations.

In response to the ruling,  Nockamixon Township has  amended old zoning ordinances in order to restrict  gas and drilling operations  to “light industrial and quarry zones.”   Also,  the Town has strictly enforced  weight limits on all its bridges.

“It means  companies  have  more hurdles to jump,”  said Janyszeski.

Tillman  reiterated  the importance of local involvement,  “Your local authorities  have to insist  drilling companies use  green completions.  Flaring isn’t necessary.  They don’t have to store  the drilling waste in pits. Make sure  there’s a system for vapor recovery on condensate tanks and other emission sources.  They can use  zero emission dehydrators and pneumatic valves.  The companies say it costs too much but green completions actually save product which makes the companies more money.”

In amplification  of Tillman’s  statement that,  “Companies will tell you the fracking fluid’s safe.  It  contains over 250 chemicals and over 90% of them have negative health effects,”  Ms. Janyszeski  suggested other localities conduct baseline water testing as was done in Nockamixon Township.  “We used  Wild and Scenic  River funding to perform our first round of testing.  Now  we know how our water is.  We tested streams near proposed sites  and ten wells and  discovered we have TCE in a couple wells.  As a  result of the successful testing, we got another $25,000  from The Wild and Scenic River funds for a second round.  I’d add, since hearing what  Mayor Tillman’s done with air testing in DISH,  that’s also something our local governments should be looking at.”

(Linda Babicz,  moderator of the program,  interjected that  our local  Multi-Municipal Taskforce is  working to ensure,  through permits,  that drilling companies will be responsible  for testing before any gas  wells are drilled or worked on.  In addition,  she offered,  “We don’t have Home Rule  in New York State.  That’s why our local governments  don’t have the right to demand permits.”**

As to assertions made by drilling proponents that  gas drilling will be  an economic boon for local municipalities,  Mayor Tillman addressed the issue of  declining tax revenues in DISH.  “During my tenure as Mayor,  I’ve doubled the size of the town to 2 square miles.  The [underground] minerals  are  just an extension of the  property for taxation purposes.  The average well loses about 50% of  its mineral value after the first year of production. The only way to maintain the value,  is  to drill more and more….   and the cost of natural gas goes down……  a lot of cities in Texas and in the Barnett shale  are in trouble. They’re having to raise taxes and lay off people. I liken this to heoin. It’s like an addictive drug  and a lot of  [Texas] cities got addicted to it.”

“There are other  ways to think about it,”  the Mayor continued.  “We used to get 60%  of our tax revenues from minerals.  We’ve probably spent that much to clean up. If you don’t  have minerals on your property  and you don’t  get ‘mailbox money,’   it probably isn’t worth  it.  And even those who get the mailbox money,  they’ll probably say it isn’t worth it.  The former mayor [of Dish]  sold mineral rights.  He’s  one of my supporters now.   [The companies]  have  kicked in money for parks, but if you weigh the costs and benefits,  I just don’t think there’s been  an overall benefit.”

When he was asked about the kinds of jobs  the gas industry’s created in Texas, Tillman  said,  “Most drilling rig crews are transient.  They’ll come  for two weeks and then they’ll go somewhere else.  They live on the  pad site — seven days on and seven days off.”

When asked about  the health impacts of drilling on drilling  workers,  Tillman responded,  “There’s probably  stuff that doesn’t get reported.  There have been  some accidents where  workers got asphyxiated and died. There’ve been  explosions on sites and people have  died.  There are signs,  ‘No Open Flames’  near wells because of  the methane.  I called OSHA   for the workers but they’re  only considered temporary employees so they don’t go through OSHA.”

One  audience member asked  Mayor Tillman  to address the impact  of  hydraulic fracturing on organic farms.  “The only other air study done besides ours [outside of litigation]  was at an organic goat farm in Fort Worth.  The company was flaring a well. [The study] detected the same toxins  as ours did.  She  has to constantly test her pastures.  I assume you’d have to do that at your own expense until you win a long court battle.”

(According to  The Northeast Organic Farming Association of New York (NOFA) and an article in The Post Standard,  “The number of organic farms in New York has tripled since 2006”  while the market for organic goods has  expanded 20%  over the last ten years.  According to The United States Department of Agriculture’s  2008  Survey of Organic Growth,  “Nationally,  New York ranks fourth in the number of organic farms behind California, Wisconsin, and Washington.  Total area devoted to organic production in New York totaled 168,428 acres. Value of sales of organically produced commodities in the state totaled $105.1 million, ranking seventh nationally and accounting for 3.3 percent of total U.S. organic sales.”)

At the end of his prepared remarks,  Mayor Tillman recommended several actions that should be taken by  local and state governments:

Develop ordinances related to oil and gas exploration prior to permitting any wells.
Local Ordinances should require road use agreements
Local ordinances should require green completions
Understand that there are places that should be off limits for drilling.
Wells should not be located in school playgrounds, and pipeline should not be run through front yards

Impose a severance tax

Require the latest emission lowering technology, including vapor recovery, and zero emissions dehydration, and pneumatic valves

Work together in groups when signing leases
Do not be the mole, working against your neighbors

Of the severance tax enacted by the State of Texas, he said,  “Here’s what I wish your legislators would consider.  We don’t have a state income tax in Texas.  We have the severance tax on the gas companies.  It’s good for a lot of reasons.   The tax is paid by volume on the gas so if you’re leasing,  you’ve got a measurement of how much your wells are producing.  It’ll tell you how much gas is coming out of the ground and how much money you should be getting.”   (In a previous Breathing article, I referenced a court judgment that found   Chesapeake had defrauded royalty owners in Texas out of $134 million in payments by under-reporting the amount of  gas Chesapeake extracted from its lessor’s wells.)

Tillman continued to tout the benefits of enacting a severance tax,  “Do you have enough inspectors in  New York?   A severance tax could pay for that, too.”
Then, looking out over the audience,  he asked,  “How are the roads holding out around here?”  When the audience groaned and laughed, he said,  “A severance tax can fix that.”

But the final recommendation which drew a standing ovation from the crowd was this,   “Do not issue another permit until these things are accomplished!”

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*The article does not specify what agency tested the water.  I am planning to make contact with the  school in order to obtain more clarity.  If I succeed,  I will certainly report back here.

**Actually,  there is a weak version of  Home Rule in New York State that permits localities to narrowly  regulate within their own borders so  long as the State of New York approves.  When Sullivan County attempted to use it relative to a  Room  Tax  on our hospitality industry, we discovered that  the process is arduous,  complicated and is ruled by “windows of opportunity.”

Honesdale Vigil: Climate Change Talks : Copenhagen


Dear Breathing Readers:  The following article is published here with thanks to SEEDS (Sustainable Energy Education & Development Support.)  I received it as an email notice about  the upcoming candlelight vigil scheduled in  Honesdale’s Central Park on December 11, 2009 at 5:00 pm.  The vigil is intended as a message and plea  to the Climate  Change Talks in Copenhagen and is organized  in solidarity  with 350.org.  However,  it includes information about the impacts of climate change on our local area and so I’m helping promote the event  to a larger audience.   Best, Liz

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All are invited to bring a candle to Central Park, Honesdale at 5 PM on Friday, December 11th to join a vigil for hope during the climate change talks being held in Copenhagen.  SEEDS (Sustainable Energy Education & Development Support) is holding the vigil locally, while 350.org is calling for similar events around the world.

Here in northeast Pennsylvania, our Maple and Black Cherry trees are already being challenged by the effects of a carbon-overloaded atmosphere, and are expected to disappear completely within our children’s lifetime when our local  climate will be resemble  that of present-day Alabama and Georgia, according to a recent report specific to Pennsylvania and  published by the Union of Concerned Scientists.  While we are already getting a taste of devastating floods in our region, countries like the Maldives and Bangladesh will soon be devastated and are fighting for their very survival.

“Our atmosphere has almost 400 parts per million of carbon, mainly from fossil fuel burning for electricity and cars,” says SEEDS chair, Michele Sands.  “We need to get down to under 350 to continue life as we know and love it in northeast PA.  SEEDS is promoting renewable energy sources and sustainable food choices locally, but we need our government leaders to respond to the urgency of our situation, here and in Copenhagen.”

CNN called the previous worldwide 350 event in October the biggest day of political action in the planet’s history. Several local groups including SEEDS took part, SEEDS announcing an ambitious plan to encourage installation of 350 Kw of renewable energy in our local area within a year and save just as much through conservation.

“We hope these vigils will surpass the October action,” says Kathy Dodge, organizer of the local vigil. “And this will be as easy as a walk in the park. So, please come with your candle or lantern to help send a message to Copenhagen.”

Anyone wishing more information about this vigil, may go to 350.org or SEEDSGroup.net. Contact SEEDS at (570) 224-0052 or SEEDSGroup@gmail.com.

DEC Holds Drilling Hearing at Sullivan County Community College


The  NYS Department of Environmental Conservation (DEC) held one of only four  state-wide Hearings on  drilling and hydraulic fracturing at Sullivan County Community College on October 28, 2009.

The vast majority of the standing-room-only crowd was opposed to drilling in New York State.

Few or none  of the opponents drew a distinction between drilling in a watershed or anywhere else.

Most or all  asked for additional  time so the public can read and  comment knowledgeably on the DEC’s  800+ page  “Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Drilling in New York State.” (DSGEIS)

They asked that  several  more public hearings be scheduled throughout the state because some had driven three or more hours to attend last night. (Note:  When I left at 11:00 PM, the meeting was still going on.)

Several local highway superintendents described their local roads as  “substandard”  and worried about the damage that will be wreaked by the enormous volume of truck traffic  necessary to drilling.  Uniformly,  they asked that the DEC inform local municipalities when each drilling application is made so that Road Use Agreements can be drafted in a timely fashion and so that control of local road use will reside with the towns.

Town Supervisors reiterated what the Superintendents said and went further.  Jim Scheutzow (Town of Delaware) said,  “We need the gas companies to step up.  We  don’t have the resources to  take care of the  roads.”

Jim Greier (Town of Fremont) laid out the specifics,  “We have  1391 people,   84  miles of town roads,  16.8 miles of county road, one gas station, two bars and no extra funds  for repairing roads that are damaged by extra heavy trucks.”

One Building Inspector, citing to the lack of local  prerogatives,  raised a point that’s bothered drilling opponents from the beginning,  “No drilling company’s come to me for a permit.”

Perhaps the greatest applause was saved for Luiz Aragon, Sullivan County’s Planning Commissioner and Maria Grimaldi, a tireless advocate for  a sustainable local ecology and economy.

“Despite DEC’s efforts,” said Mr. Aragon,  “many citizens remain concerned by  DSGEIS on many issues.  I respectfully request that the cumulative impacts and socioeconomic concerns be fully-addressed.”  He included, amongst others,  the impacts on municipal infrastructure,  standards of notification,  safety to muncipalities, protection of aquifers and  the overall health and welfare of our communities.

They were not empty words.  Referencing the Sullivan County Legislature, Mr. Aragon called attention to  the potential for drilling in flood plains and called the body of legislation salient to environmental protection, “inconsistent.”   After listing  several recent accidents and incidents of contamination by the drilling industry,   the County Planning Commissioner called for bans on open pit  storage and drilling in all flood plain zones.  He urged the DEC to add a requirement  that the contents and composition of frac fluids be posted at  drilling  sites and with emergency responders.  “Our County remains concerned that municipalities must be permitted to issue  local laws without fear of lawsuits.  The cumulative impacts of  pipelines and compressors will be huge.   It is unclear that mitigation can be effected if contamination of ground water occurs.”

When Maria Grimaldi said,   “The DEC’s  DSGEIS  seems to be enabling an industry that is not compatible with  protecting our environment,”  the crowd roared approval.  Her follow through was received even more noisily, “I’m concerned about conflicts of interest between state  governments  and  the gas drilling industry. Where did the information come from for the DSGEIS and  who was consulted?  We should require that no  high level   public servants can work for the gas companies  for four years after leaving public service…. How  will we be  protected by accidents that inevitably happen?  There have been  failures in eight  states with human error being the  leading cause  of systemic failures.”

On and on, opponents  stepped to the podium.  They asked for a clear delineation of  responsibility  for oversight of drilling practices and  enforcement of  regulations,  “What will happen when there’s an accident?  Who will respond?  How will the rights of  residents who didn’t sign leases be protected when their wells are contaminated?  How can we test our wells  [when they’re contaminated] if we aren’t allowed to see a list of the chemicals the industry used?  How can we  prove liability and recoup  our lost property values?”

Some worried that DEC regulations do not prevent the drilling industry from drawing down our groundwater supplies but the umbrella concern remains this,  the DEC’s  Draft Supplemental Generic Environmental Impact Statement admits that it does not review the cumulative  environmental and socio-economic impacts of drilling.

Most opponents demanded  a halt to drilling,  calling it  a dangerous activity while citing to groundwater, human, flora, fauna and soil poisonings from Pavilion, Wyoming to Dimock, Pennsylvania.    One speaker referred to The  Precautionary Principle,  “Let the industry prove, within the context of  the wholesale destruction of an entire ecosystem [Dunkard Creek], that their technology is  safe.”

Members of the audience who want us  to “Drill, Baby, Drill”  included representatives of  IOGA-NY (Independent Oil and Gas Association lobbying group),  Noel Van Swol (Sullivan-Delaware Property Owners’ Association), Chesapeake Energy and David Jones (Owner, Kittatinny Canoes).

The Chesapeake representative stated, “Banning drilling anywhere would be inappropriate.”

The IOGA-NY  industrial spokesperson objected to  the DEC’s  DSGEIS,  “It  goes   too far and puts   us at an  economic disadvantage  compared to PA.   Many companies will walk away from exploiting the   Marcellus Shale   if the DEC continues to  move so slowly.”

Mr. Van Swoel claimed that,  “Ten percent of Sullivan County Land is under lease” and then quoted Newt Gingrich, “We should let the industry drill down.”

Opinion:

Last night  was  my third public meeting on the subject of drilling  and I salute those who’ve attended regularly for the past two years.  I don’t know how you do it.

Breathing is dedicated to an open forum;  not because I’m particularly nice, but because I believe  our world is on numerous brinks and  I’d like to help steady rather than destabilize it.

Last night I had to face the truth: I’m divided against myself.   The  lies and drivel that were uttered last evening by “Drill Now!” proponents   left me quivering.  My stomach was so roiled by  contained outrage that  vomiting was an imminent worry.

I wanted to listen politely.  I wanted to hear their words  in silence.  I wanted to find any points of agreement because I want to save our land and spend my days  building a sustainable local community.

Instead, drilling proponents made baseless assertions about safe practices and   denied that accidents have occurred or that lives and livelihoods have been destroyed by fracking poisons. They lied about the types of chemicals used and turned aside questions about  industry liability when contamination inevitably occurs.

As already covered by Breathing, nobody seriously believes the drilling industry will “walk away” from the brilliantly lucrative prospect of the Marcellus Shale.

IOGA-NY’s insistence  that the  DEC’s Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Driling goes too far is inconsistent with the DEC’s own recognition that the DSGEIS ignores the cumulative impacts of drilling on our entire ecology.

Nobody in a position of policy-making (including the drilling companies) have answered  the real questions:

  • Why did it take Pennsylvania’s Department of Environmental Protection nearly three weeks to close down Cabot-Halliburton when the Dunkard Creek ecosystem was destroyed?
  • Who funded the Penn State study that touted the economic benefits of drilling in Pennsylvania?
  • Who will oversee drilling and fracking?
  • Who will enforce the already flimsy regulations?
  • How will people know what’s contaminated their water if  they aren’t allowed to know the nature and composition of drilling chemicals being used?
  • Who will clean up the mess when  inevitable accidents happen?
  • Who will make the residents of Fort Worth, TX,  Dimock, PA, Pavilion, WY and New York State  whole for the loss of their water and property values?
  • What will we drink or use to grow our food when the water’s destroyed or requires  remedial interventions that nobody has been able to describe because they simply don’t exist?

Wes Gillingham of the Catskill Mountainkeeper has been to nearly all the meetings.  He’s knowledgeable about the issues and the land.  I echo his words from last night,  “I’ve tried to be patient.  I’ve tried to weigh all sides.”

But here’s my truth:  “Civility” does not require me to be silent in a packed hall when industrial interests are shoving the rape of my world down my throat.  “Civility” does not require me to listen politely to greedy lies.  Nor does “civility” require that I acquiesce sweetly to an  industrial oligarchy.

More importantly,  Justice requires  that the money lenders  be “driven from the Temple.”

Natural Gas Leases/Hydraulic Fracturing: One Property Owner’s View


(Dear  Readers and “River Valley Resident”:  In an effort  to provide a  community forum where divergent and frequently  noisy  views can be aired,  Breathing has  solicited articles from property owners who are considering signing   natural gas leases or who, after months of  deliberation, have completed the signing. There have been difficulties  and  I had to decide whether or not to publish an anonymous post.  In the end, I decided  a wide-ranging discussion of  the issues facing our communities is more critical  than identifying our author who fears for her job if her name is released.  I hope her obvious concern for the land and our cultures is sufficient to set minds at ease.  She’s known to me.  She’s not a figment.  She’s not greedy and she’s not oblivious to the dangers posed by drilling —  and cited to regularly  by Breathing.  Hers  is an important voice that sheds light — whether or not you agree with her conclusions.

For months,  the author researched, examined  and agonized.  Breathing is grateful that she chose  to speak in this forum despite her misgivings. Unhappily  — given the high passions on both sides of the discussion  —  being a kind of bridge in the middle can invite  vilification and  distrust from  those standing on the  opposite shores. Thank you,  “River Valley Resident”  for  grappling   with the question,  “What does stewardship of   our lands and communities demand of us?”   Although I disagree that “drilling is inevitable” or that its dangers and impacts can be mitigated,  your  question and profound determination to preserve and protect are what join  us.  Indeed, if drilling  spreads  inexorably,  then your efforts to protect may be the last arrow in our quiver.

In part, I hope readers will  respond with suggestions  helpful to landowners  who’ve been cut off   like islands in the midst of leased properties.   Thank you,   Liz)

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I have spent months exploring the ramifications of drilling in the area. Unfortunately, I believe it is extremely likely to occur, so I have been trying to learn the dynamics of horizontal drilling and its potential to contaminate the aquifer. I have read numerous articles and finally found what I believe is a good representation of the process. The gas companies appear to make an extremely strong effort to isolate the aquifer from the fracking fluids. Please see this website for visualization:

http://www.geoart.com/index.php?id=1

Perhaps this is all hype by the gas companies, but if they do in fact follow this process it seems that the aquifer is isolated by steel piping encased in cement. Perhaps aquifer contamination is more likely related to the holding ponds where the backflow is stored as it is forced from the well; which brings up an interesting possibility. One. of the drilling companies, (which is one of Hess’s designated subcontractors for this area) is utilizing a patent pending process called “Ozonix”. It apparently removes all organic chemicals, particles, etc. from the flow back as well as nearly all the brine through reverse osmosis. This process can be read about at the following web site:
http://www.wallstreetresources.net/pdf/fc/TFM.pdf

On a more personal level I have found myself in a situation where the majority of the landowners in my immediate area (across the road and next door) have signed leases. Personally, I do not want to see gas drilling in this area, but am somewhat resigned to the power that the Gas corporations wield and feel that it would be amazing if the gas development does not take place. As a result, I have chosen to try to protect my property. I joined [Northern Wayne Property Owners’ Association]  NWPOA a few years ago, because I felt it gave me a chance to do that and also because this group planned to work toward the most environmentally sound lease possible. I have also been a member of the UD Community for several years, and feel fortunate to have had the opportunity to receive information from the divergent viewpoints. As more information came out from both sources I became more and more confused. This caused me to undertake my own research into the fracking process and its potential for adverse environmental effects. Simultaneous to this, NWPOA came up with a lease agreement with Hess. I have not as yet signed that document. However, I did begin researching the drill company that would be working for Hess in my area. It is a company called Newfield and they are using the “Ozonix” process mentioned above in some of their other shale developments. My thought was to attempt to encourage Hess to have Newfield employ that technology here, as it appears to strongly mitigate a lot of the potentially detrimental effects of the frac process. Additionally, it allows the water to be reused at multiple sites, thus greatly reducing the amount of water needed from the Delaware or other sources, as well as reducing the truck traffic on the roads. Perhaps, I have been taken in by good PR, but I also believe it is in the Gas companies’ best interests to develop these wells as efficiently as possible. If they are drilling and allowing the gas to somehow escape into the aquifer then that is gas they can’t bring to market which spells a loss for them. I have been an environmentalist for well over 40 years and if I had a magic wand, I would surely make this all go away, although I do completely understand the local farmers’ support of this issue. I guess the bottom line for me is that I believe the gas development will occur and that the best approach is to do all within our power to make it happen in the most environmentally responsible way possible. This means supporting companies like Newfield and trying to have them employ the frac recycling process called “Ozonix”. It also means supporting legislation in Congress such as the “Frac Act” which requires companies to divulge their “formulas” for the fracking mud. The Clean Water Restoration Act also needs support to return some of the strength sapped from it, by our previous administration. Will I sign a lease with Hess…I honestly have not been able to decide as yet. I fear drilling around me, and with no lease, if there were any problems, I would be up against the Gas Company on my own. The lease ensures that they will mitigate any water contamination issues, or provide bottled water if necessary. Granted this is not a great solution, but it is probably better than trying to deal with it unassisted.

I know that there are many people like myself who are conflicted over this issue, and struggling with making the right decision. I could never refer to myself as “pro-drilling”. Perhaps, a more appropriate classification is “pro-preservation”. I would like to see this area remain as much like it is right now as possible. This may be a false hope, but I honestly believe that trying to influence the gas companies to use the very best practices possible here, is a more achievable goal than stopping the entire process. I would greatly appreciate comments, as I have been struggling with making a decision for a long time. Thank you for taking the time to read this. I hope that I have not inadvertently insulted anyone’s viewpoint. I am merely trying to illustrate what a lot of people are feeling.

October 7, 2009. Since writing the above comments, I have had numerous discussions with Gas Company representatives about exactly what signing a lease would mean. My first thought was to obtain a conservation easement or deed restriction on my property so that the only gas related activity that could take place would have to be subsurface. I was informed that they were not accepting properties with conservation easement unless they were large commercial properties where portions of the surface land are critical to continuing their businesses whatever they may be. I then discussed the amount of acreage I have with the gas company, its geography and location and they told me that it was highly unlikely that they would place a drill pad on a piece of property the size of mine, nor would they likely place a road there. However, they could not guarantee this. So, to sign I would have to accept the remote possibility of surface activity. This gave me a lot to think about. But, perhaps more important than that is what the gas companies do with the individual leases they own. As most people know there are at least 3 major players in the area: Chesapeake, Cabot and Hess. Although you may sign with any of these companies, it does not mean that they will be the company developing your land. In order to create a drilling unit, they need about 640 contiguous acres. In some cases, they may have this from large farms or adjoining properties that have signed. But they may also have an area they would like to develop where the mineral rights have been leased to different companies. The gas companies now trade leases to obtain the acreage they need for development. It’s just like Monopoly where you need all the cards in a block to build houses. So, Hess’s drilling company, Newfield, with the innovative and environmentally sensitive technology may have nothing to do with the development of gas on the land of Hess lease holder. The terms of the lease remain the same as far as per acre compensation, royalties, and environmental mitigation, if needed. But, you could sign with Hess and Newfield, and end up with Cabot and Halliburton. The initial signing deadline has come and gone. I may or may not be on a secondary list. I am not sure at this point, since I haven’t gotten any emails lately from the group.

Have I done the right thing, I honestly don’t know. I have turned down well over $25,000 in guaranteed lease payments, and the potential for royalties. If the area near me is made into a drill unit and all goes well and the water stays good and the roads are removed and replanted when the development is complete will I have regrets? If the area is developed and the aquifer is contaminated and I can’t sell my home and have to sue one of these companies for compensation will I have regrets? More importantly what would you do in my situation? I could probably still sign a lease…..should I? I would really appreciate it, if you could try to put yourself in my place and honestly consider what you might do. Thank you for taking the time to read this.

a river valley resident

(Tomorrow:  The National Council of Churches on the issue of drilling.)