Thanks for posting this, Jeanne.
-- Kate
[email protected] wrote:
Since this list does not take attachments here is the Town of Ithaca
Resolution Walter referenced.
Jeanne
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, DECEMBER 7, 2009
TB RESOLUTION NO. 2009-: REQUEST TO GOVERNOR DAVID A. PATERSON to
Withdraw the draft Supplemental Generic Environmental Impact Statement Related to
Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop
Marcellus Shale and Other Low-Permeability Gas Reservoirs
WHEREAS, the Town of Ithaca, a community in Tompkins County with a
population exceeding 19,000, is wholly located above a portion of the Marcellus
Shale formation, a low-permeability rock formation estimated to contain
reserves of natural gas; and
WHEREAS, recent technological developments including horizontal drilling
and high-volume hydraulic fracturing have enabled energy exploration
companies to potentially exploit this resource in New York State, including the
Town of Ithaca; and
WHEREAS, the Town of Ithaca recognizes the need for interim energy sources
as our state and country transition to widespread economical renewable
energy use; and
WHEREAS, the Town of Ithaca recognizes that, if properly regulated, the
development of natural gas resources in New York State could present some
communities and residents with financial benefit; and
WHEREAS, the Town of Ithaca also realizes that the aforementioned
potential financial benefits could easily be offset by unforeseen and preventable
damage to the Upstate economy, including the tourism, wine, agriculture and
education industries, should development of natural gas resources be
allowed to continue in a largely unregulated manner; and
WHEREAS, land-use planning in the Town of Ithaca is guided by a
Comprehensive Plan and Zoning Ordinance; and
WHEREAS, in addition to residential, commercial and industrial zones, the
Town of Ithaca is also comprised of sizable areas either prioritized for
conservation or unsuitable for surface disturbance, including 3,161 acres of
Conservation Zone, 4,295 acres of Unique Natural Areas, 502 acres of NWI or
NYSDEC wetlands, 1,072 acres of State and Town parklands, 2,128 acres of
hydric soils, 4,642 acres of Agricultural Districts, 9,557 acres of
undeveloped forest, brush and meadow, and contains lands in excess of 15% slope
totaling 18% of its total land mass; and
WHEREAS, through the Comprehensive Plan process, Town of Ithaca residents
have overwhelmingly identified environmental protection as a top priority
for consideration in land-use and growth management policies; and
WHEREAS, the Town of Ithaca has historically taken an active role in the
siting and permitting of development within its borders, including the
proliferation of industry; and
WHEREAS, it is generally recognized that NYSDEC has assumed de facto
siting and permitting authority related to the exploration and extraction of
natural gas; and
WHEREAS, Town of Ithaca taxpayers have expended millions of dollars
developing, maintaining and protecting clean drinking water sources, and water
resources from Six Mile Creek, Fall Creek and Cayuga Lake within the Town of
Ithaca supply water to an estimated 50,000 people; and
WHEREAS, Town of Ithaca taxpayers have expended millions of dollars
developing, maintaining and upgrading advanced wastewater processing facilities
including biological processes that are not designed to treat fracturing
fluid and wastewater from natural gas operations; and
WHEREAS, the process of hydraulic fracturing involves the use, retention
and disposal of millions of gallons of fracturing fluid and wastewater that
is high in dissolved solids and contains toxic and radioactive materials,
some of which are not subject to public disclosure requirements; and
WHEREAS, there are no requirements for closed, above-ground storage
facilities, nor pre-treatment requirements, for the fracturing fluid and
wastewater generated during the fracturing process; and
WHEREAS, the United States Environmental Protection Agency may be
preparing to undertake an investigation of the impacts of hydraulic fracturing on
the environment; and
WHEREAS, there have been hundreds of reported spills, fires and
contaminated water supplies related to conventional vertical well drilling in New
York State, and surface contamination related to the retention and disposal of
fracturing fluid and wastewater from natural gas operations; and
WHEREAS, staff resources of the NYSDEC Division of Mineral Resources,
Bureau of Oil and Gas Regulation are dangerously inadequate to manage current
drilling activities in New York State and, so, are not sufficient to handle
the widespread proliferation of deep well horizontal drilling and hydraulic
fracturing; and
WHEREAS, the proposed fee structure related to permitting new wells would
not provide finances adequate to staff NYSDEC to the degree necessary to
process and manage an onslaught of new and more complicated drilling
operations, thereby potentially creating a taxpayer subsidy for the oil and gas
industry; and
WHEREAS, there is no strict liability requirement for natural gas
drilling waste releases by energy companies, potentially shifting the financial
burden of remediating contamination related to drilling and extraction to
taxpayers; and
WHEREAS, New York State’s Spill Remediation Fund may only be available
for emergency response related to oil spills, excluding emergencies related to
natural gas; and
WHEREAS, reporting requirements for uncontrolled oil and gas releases are
currently insufficient and could be made similar to those for leaking
underground storage tanks; and
WHEREAS, according to NYSDOT, New York State and Tompkins County
reportedly contain the same alarmingly high percentage (37%) of structurally
deficient or functionally obsolete bridges; and
WHEREAS, the widespread development of natural gas resources in New York
State would involve the regular transport of heavy equipment and routine
hauling of large volumes of hydraulic fluid and hydraulic fracturing
wastewater over state, county and municipal roads and bridges, creating potentially
dangerous conditions and a financial burden for taxpayers; and
WHEREAS, foreknowledge of the siting of industrial facilities related to
natural gas development is critical to acquiring an understanding of future
road usage for bonding and planning purposes, and no such advance
notification requirement exists; and
WHEREAS, a comprehensive analysis of the statewide impacts of natural gas
development utilizing a “full build-out” scenario has not been done; and
WHEREAS, the Town of Ithaca has a responsibility to preserve and protect
its natural resources, water resources, infrastructure, and residents’
quality of life.
NOW, THEREFORE BE IT
RESOLVED, that the Town of Ithaca Board hereby requests that the Honorable
David A. Paterson, Governor, withdraw from SEQRA review the Draft
Supplemental Generic Environmental Impact Statement On The Oil, Gas and Solution
Mining Regulatory Program- Well Permit Issuance for Horizontal Drilling And
High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other
Low-Permeability Gas Reservoirs, as the aggregate protection provided
therein is inadequate to safeguard the public health, environment and economy of
New York State.
BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca requests
that no new permits be issued for horizontal drilling and deep well
hydraulic fracturing until the aforementioned and following regulatory issues are
addressed:
1. Allow municipal control over permitting, siting and certain
construction and operational parameters in accordance with a municipality’s
land-use regulations and local laws.
2. Require closed storage and pre-treatment of fracturing fluid and
wastewater from natural gas operations. Prohibit surface storage and
surface disposal of fracturing fluid and wastewater from natural gas operations.
3. Require complete public disclosure of fracturing fluid and
drilling wastewater constituents.
4. Require independent baseline water quality testing of potentially
impacted public and private drinking water sources, financed by energy
companies.
5. Mandate setbacks from private and public water sources that are
adequate to protect them from uncontrolled releases of gas and hydraulic
fluid, which, according to NYSDEC historical spills data, can migrate thousands
of feet in minutes.
6. Impose strict reporting requirements for uncontrolled oil and gas
releases consistent with New York State Navigation Law.
7. Impose strict financial liability on energy companies for
environmental remediation costs.
8. Allow access to New York State’s Spills Remediation Fund for
emergency clean-up related to natural gas drilling contamination releases.
9. Create a permit fee structure to finance adequate staffing at
NYSDEC and training of local emergency response personnel.
10. Require energy companies to post performance bonds or acquire
pollution clean-up insurance prior to initiating site work.
11. Require disclosure of development plans far enough in advance to
allow for planning and bonding for bridge and roadway use.
12. Conduct a comprehensive analysis of statewide impacts of natural gas
development, using a “full build-out” scenario based on the maximum
allowable wells per acre.
BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to
Governor Paterson, NYSDEC Commissioner Grannis, State Senators Winner,
Seward, and Nozzolio, State Assembly Speaker Silver, State Assemblywoman Lifton,
Chair of State Senate Committee on Environmental Conservation Thompson,
Chair of State Assembly Committee on Environmental Conservation Sweeney, State
Attorney General Cuomo, U.S. Representatives Hinchey and Arcuri, U.S.
Senators Schumer and Gillibrand, Mayor of Binghamton Matthew T. Ryan, New York
State Association of Towns and Municipal Officials and Clerks.
MOVED:
SECONDED:
VOTE:
Supervisor Engman
Councilwoman Leary
Councilman Stein
Councilman Goodman
Councilman Levine
Councilwoman Hunter
Councilman DePaolo
_______________________________________________
For more information about sustainability in the Tompkins County area, please
visit: http://www.sustainabletompkins.org/
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--
_______________________________________________
For more information about sustainability in the Tompkins County area, please
visit: http://www.sustainabletompkins.org/
RSS, archives, subscription & listserv information for:
[email protected]
http://lists.mutualaid.org/mailman/listinfo/sustainabletompkins
Questions about the list? ask [email protected]
free hosting by http://www.mutualaid.org
