Riley to Speak at Lebanon Democrat Caucus

(Randallsville, NY – Sept. 2011) Town of Lebanon Democrats will gather to nominate candidates for town office for 2011 when they meet to caucus Saturday, Sept. 17, at 10:30 a.m. at the Smith Valley Community Center in Randallsville on River Road in the hamlet.

Madison County Sheriff Allen Riley, a Lebanon resident and registered Democrat, will be the featured speaker for the caucus. Refreshments will be served, and all registered Democrats are encouraged to attend and participate.

Riley won election as Madison County Sheriff in 2009 and kicked off his campaign that year by announcing at the Town of Lebanon Democratic caucus. He now returns to discuss his progress in law enforcement in Madison County since taking office.

The caucus will be facilitated by Town Democratic Chair Judi Clippinger and committee members Charles “Chuck” Hall and John Grossman.

Town offices up for re-election include town supervisor, town clerk/tax collector, two town council positions and town highway superintendent.

Announced registered Democrats who are candidates for office include Jim Goldstein, incumbent, for town supervisor; Nicole Viera, incumbent, for town clerk/tax collector and Marie Morgan, incumbent, for town council.

Goldstein is seeking a sixth two-year term as town supervisor, Viera is seeking her first full term as town clerk/tax collector and Morgan is seeking her third term as a town council member of the Lebanon Town Board.

Viera was appointed to replace Lisa Thomas as town clerk/tax collector in 2010 when Thomas resigned the position to attend nursing school. Viera was elected unopposed in a special election in 2010.

Goldstein has already been nominated by the Conservative and Independence parties for the position of town supervisor on the fall ballot.

Other announced candidates who have filed for office include incumbent Town Councilwoman Carol King, who is running for re-election on the Republican line, and incumbent Highway Superintendent Alex Hodge, who is also running for re-election on the Republican line.

Town supervisor terms run two years. Town clerk/tax collector terms run two years. Town council terms run four years.

The caucus is open to the public, but only registered Democrats may participate, nominate and vote.

Town of Lebanon Board Meets Monday

TOWN OF LEBANON

1210 Bradley Brook Road

Earlville, N.Y. 13332

     JAMES GOLDSTEIN                                               NICOLE VIERA

TOWN SUPERVISOR                                              TOWN CLERK/TAX COLLECTOR

PHONE/FAX: 315-837-4152                         PHONE: 315-837-4220

lebanon@citlink.net

TOWN OF LEBANON TOWN BOARD MEETING AGENDA

MONDAY, SEPTEMBER 12, 2011, 7:30 P.M.

TOWN OFFICE, 1210 BRADLEY BROOK ROAD, EARVILLE

 

  1. I.                   Call to Order/Pledge of Allegiance
  2. II.                Privilege of the Floor
  3. III.             Approval of the Minutes/Bills and Claims
  4. IV.             Reports

Planning Board Chair

Town Justice

Town Assessor

Dog Control Officer

Code Enforcement Officer

Town Clerk

Highway Superintendent

Town Supervisor

 

  1. V.                Resolutions

n  2012 Town Budget

n  Comprehensive Planning Committee appointments

n  Fund transfers

n  Other resolutions

 

  1. VI.             Discussion Items

n  Norse road repair issues with Vosburgh Road

n  Road use law/road repair agreement updates

n  2012 Town Budget/FEMA repairs/2012 Road Plan

n  Supervisor survey

n  Dog licensing issues for 2011- update and status

n  Natural gas development updates/Marcellus Shale SGEIS regulations

n  Highway garage and equipment repairs

n  Rte. 12B followup – speed study update for Middleport Road intersection

n  Other items/old and new business/Comprehensive Plan updates and status

 

  1. VII.          Executive Session (if necessary)
  2. VIII.       Privilege of the Floor
  3. IX.             Adjournment

 

 

Town of Lebanon Seeks Historian

(Town of Lebanon, NY – Sept. 7, 2011) The Town of Lebanon is seeking to fill the position of Town Historian. Any resident, age 18 or older, is free to apply for the appointment to the Town Board, C/O Town Supervisor, 1210 Bradley Brook Road, Earlville, N.Y. 13332.

The position has remained vacant for several months now.

 

Town Discusses Possible Drilling Ban

(Town of Lebanon, NY – Aug. 2011) At the regular August meeting of the Lebanon Town Council, Supervisor Jim Goldstein reported that town attorney Steve Jones was gathering information at the town board’s request on local law options governing natural gas regulation.

Resident Matt Powrie indicated his opposition to any local laws that would restrict or prohibit natural gas drilling and stated his belief that natural gas drilling in the township was something that some local land owners are anticipating or hoping for.

Goldstein said that the opinion of several municipal attorneys at the recent Association of Towns conference on Marcellus shale drilling was that towns can ban drilling by local law or zoning, and can also put a moratorium on drilling. He said it appears that this will come down to local control and each town or municipality will likely make a decision based on the wishes of its residents.

He noted that some towns that have active landowner coalitions appear to be focusing on road use and road repair laws, whereas other towns where landowners appear to be united against any proposed hydrofracking.

Goldstein cited communities in Chenango County that are clearly in favor of drilling with adequate oversight versus other towns in Tompkins and Otsego counties that have been drafting or adopting local laws opposing or banning drilling.

Goldstein said case law reviewed by attorneys at the June 23 conference in Binghamton clearly shows several towns in New York state had bans on mining upheld by the state Court of Appeals under conditions almost identical to the current state of the natural gas laws in New York. Those actions pre-empted local authority but acknowledged that towns have authority over their roads and zoning to restrict activities of high impact in their communities that may hurt property values, quality of life or public health.

Goldstein said that the town board has made no decisions, nor is there any clear consensus as yet from the public as to whether or not the town should consider a ban or moratorium on natural gas development. He noted that his job right now is to present the Town Board with all the legal options to consider, and that the Town Board will make decisions in consultation with the public.

Any local laws proposed would involve public hearings and local input, Goldstein said.

Goldstein told town board members that the 2-percent salary cap law imposed by the state Legislature contains no unfunded mandate relief and will present major challenges this year, given the cost of highway fuel and road materials.

According to Goldstein, he will recommend a freeze on all salaries as town budget officer in order to comply with the cap. He said that indicators are that the state retirement costs for next year will use at least 1 percent of the current budget increase, and projected rising costs of health insurance will possibly gobble up the other 1 percent.

In addition, Goldstein reported that the county Real Property Tax division has given him the update on fuel production of natural gas for 2010 that will go on the 2012 property tax rolls under the current state assessment system, and he says that production locally is down nearly 215,000 mcf of natural gas, which could mean a drop of at least 4 percent in the local tax levy revenues.

Goldstein said that between this and the extremely low interest rates on town fund reserves, the town will have to consider a very frugal budget for 2012. He noted that reserves are already being utilized for FEMA road repairs and equipment purchases, and that it requires a vote of 60 percent of the town board to override the 2-percent cap on property taxes under the new law.

Town Clerk Nicole Viera reported on updates on the town web site, townoflebanon.org and said that some software problems have slowed her ability to get certain documents onto the website, but she is scheduled to meet with the town’s computer consultant to resolve the issue.

The Lebanon Town Council meets the second Monday of each month at 7 p.m.

Why Subscribe to the Madison County Courier Weekly?

 

By Mike Bova, publisher

Did you know the average visit to a news site is 3-4 minutes? That tells me people are not reading their newspaper online. They are only reading a story or stories of interest.

There is nothing better that sitting down with a cup of coffee and flipping through the pages of a local newspaper. You can peruse the paper at your leisure. There is not a computer to fire up and it’s easy on the eyes…no glare.

Plus, you’d have to click on 70-80 pages of www.MadisonCountyCourier.com to read what is in one issue of the Madison County Courier Weekly.

The Weekly is so good, it will even be seen in Steven Soderbergh’s blockbuster movie, Haywire, which is opening Jan. 20, 2012.

Also, you should really purchase a subscription to the Weekly, which supports your local newspaper and keeps the newspaper in business.

Lastly, we just made it a little less expensive for everybody. Until Sept. 30, 2011, a 13 week subscription is only $10 (normally $13.) A 26 week subscription is only $15 (normally $20) and a 52 week subscription is only $25 (normally $35.)

If you buy a subscription to the Madison County Courier Weekly, I promise you won’t be sorry you did. Thank you for supporting your county newspaper.

 

Lebanon: From Town Hall

Board Notes

(Town of Lebanon, NY – Aug. 8, 2011) Town officials reviewed new information from Norse Energy, Inc., that they want the Town to sign a form prior to repairing the Vosburg Road impacts that are to be contracted through Vestal Asphalt by Norse.

Supervisor Jim Goldstein (D,C,I) said any documents would have to be reviewed by town attorney Steve Jones and has indicated that the town will not sign any waivers until all road repairs are completed to the satisfaction of the town.

Norse has reportedly issued a check for $82,000 to repair road impacts from natural gas drilling to Vosburgh Road through Vestal Asphalt. Town board members were eager to see repairs completed this month and voiced concerns over rumors that Norse Energy’s future was uncertain in the area.

Norse has reported through spokespersons that it has suspended its Herkimer drilling program in favor of leveraging its assets towards anticipated Marcellus shale activity in coming months once the state SGEIS proposed regulations on high-volume hydraulic fracturing are approved.

Comprehensive Plan Committee

Goldstein reported that the Town Comprehensive Planning Committee held its first meeting and is looking for additional members. The goal of the committee is to meet the first Tuesday of every month at the Town Office and develop a process for reviewing a number of long range town issues including tourism, recreation, farmland and environmental preservation, economic development, agribusiness, housing, small business, energy and historic preservation.

The committee is particularly looking for lifelong residents interested in participating. Matt Powrie of Lebanon Road expressed interest in serving on the committee, as has Chad Nower, and both were referred by Goldstein to attend the next meeting.

Town officials appointed new members to the committee, Pat Matson of Craine Lake Road and Jim McDowell of Bradley Brook Road, at the Aug. 8 meeting and anticipate considering Powrie and Nower at the Sept. 12 meeting.

The Comprehensive Planning Committee is next scheduled to meet on Sept. 6 at the Town Office building.

Dog Licensing Issues

Goldstein advised the Town Board that Jones had discussed potential conflicts over dog licensing enforcement issues with Town Justice John Bartlett.

Bartlett advised Jones that his ticket was for a dog that was already deceased, and Jones advised him to submit a letter to the Town Clerk clarifying this, which would end the potential conflict and allow Bartlett to start hearing dog licensing violation cases.

Dog Control Officer Gloria DeLee reports she has about 125 unlicensed dogs in the township that will require issuing appearance tickets to owners for Town Court.

Bartlett told Jones he favors attempting to reach owners by mail first to see what kind of response there would be to reduce costs. As of the town board meeting, Goldstein and Town Clerk Nicole Viera reported that the letter had not yet been received.

Water Service Update

Town board members learned that Earlville has received approval from its funding source to forego the creation of water districts to service residents on the water system outside of the village, but instead can enter into contractual arrangements that include easements and rights-of-way with each impacted town resident.

Goldstein said Jones has indicated that the issue no longer requires any involvement by the town but that the money expended prior on initial water district costs would have to be absorbed by the general fund of the town, rather than users of the system because a water district would not be created.

Goldstein said he wished Earlville had clarified this issue before starting the process of requiring impacted towns to implement water districts.

Road Use Ordinance

Goldstein gave updates on research the town was doing through Jones to develop a road use law in anticipation of action by the state on the proposed high-volume hydraulic fracturing regulations for Marcellus and Utica shale wells and noted that, given the uncertainty expressed by some town officials of the future of Norse as an entity in the area and the fact that the proposed SGEIS do not require natural gas developers to enter into road use or repair agreements with townships but simply recommend it, a local law to this effect is needed quickly.

Goldstein noted that the town’s model road repair agreement with Norse does not apply to other operators should they emerge and that the town needs a law that will require any natural gas developer to have to sign and abide by a road use agreement and road repair agreement prior to being able to engage in any natural gas drilling activity in the township.

AARP Driver Safety Program Scheduled

(Hamilton, NY – Sept. 2011) An AARP Driver Safety Program class will be offered in Hamilton on Thursday Sept. 15. The class is scheduled from 9 a.m. to 4 p.m. in the Community Room at Madison Lane Apartments.  To register, call 824-3322, preferably during the morning.

This is a one day program so bring a lunch, driver’s license and a pen.

Completion of this AARP Diver Safety Program will allow attendees to obtain a 10 percent discount on their vehicle insurance. In addition the class will give participants an opportunity to review driving strategies for aging drivers, introduce them to compensating methods for normal physical changes and discuss ever changing driving conditions, regulations and laws.

The program is designed to maximize driver safety in an increasingly dangerous environment.

Lebanon: Board Approves Truck Bonding, Discusses FEMA Flood Repairs, Property Tax Cap

(Randallsville, Town of Lebanon, NY – Aug. 8, 2011) Town of Lebanon board members agreed at their regular monthly meeting to accept the lowest quote of 1.85 percent interest on a one-year bond anticipation note from Alliance Bank.

The BAN will help finance $127,000 of the 2011 Stadium International truck acquired on state bid; the town will finance the remainder of the $189,000 truck from town highway reserves.

Town officials also approved a state bid purchase of a new highway pickup truck for the town highway superintendent at around $25,000. Highway Superintendent Alex Hodge will assess whether the plow on the 2004 highway pickup may be used with the new truck or if the purchase of new plow equipment will be necessary, increasing the price to $30,500.

Town officials also agreed to put the 1998 pickup out for bid and the plow assembly of the 2004 truck, as well, if it is not cost-effective to retain it.

Hodge has been using pickup trucks for summer and winter road repairs to reduce wear and tear on heavy duty trucks and save on diesel fuel expense. The town will retain use of the 2004 pickup for similar purposes and sell the 1998 pickup.

Lebanon officials also authorized Hodge to continue to haul road sand from Chenango Asphalt under the town’s bid arrangement.

Flood Repair Update

Hodge and Supervisor Jim Goldstein reported on the progress with the Federal Emergency Management Agency and state Emergency Management Office on reimbursement for flood repairs and damage sustained last spring.

Hodge and Goldstein said that detailed records have been kept on road materials, highway employee labor and benefits, overtime, use of equipment and contracted services.

Bookkeeper Elaina Morgan has documented all highway and town official time and benefits that will be eligible for reimbursement under the system, where 87.5 percent of expenses will be reimbursed.

Town officials adopted budget amendments and fund transfers to address the budget changes necessary to reflect these expenditure in anticipation of reimbursement. Goldstein reminded town board members that reimbursements from FEMA often take time to obtain, so the town has to front considerable road expenses while awaiting payment.

Goldstein and Hodge reported that the first reimbursement report under the state Consolidated Highway Improvement Program for work done on Soule, Chamberlain and Church roads was submitted, and that the town is in the process of discussing repair and reimbursement of a bridge on Deep Spring Road with FEMA this month.

Amplify Your Savings: Think, Shop, Live Madison County

 

(Madison County, NY – July 2011) Shopping near home not only helps keep taxes down and your family, friends and neighbors at work, it is good for the environment.

Supporting local businesses means saving gas (hovering around $4 a gallon), saving steps and reducing emission pollutants that compromise the integrity of our air quality.

If you can’t find what you need from the folks who maintain their businesses here, ask them to stock what you like, and if it’s a specialty item, get friends who use the same item to commit to buying there, too.

It’s handy for you, and you’re providing a guaranteed market for a product or service someone previously hadn’t provided.

Think – shop – live Madison County!

Find us on Facebook and share your business news at facebook.com/pages/Think-Shop-Live-Madison-County/131080236971309. For more information on profiling your business in the Madison County Courier, email MadNews@m3pmedia.com.

Board Authorizes Attorney to Explore Road Use and Natural Gas Development Legislation

(Town of Lebanon, NY – July 11, 2011) Lebanon town board members authorized the issuance and sale of serial bonds for the purchase of a 2011 International heavy duty truck for $127,000 at its July 11 monthly town board meeting.

Town officials also accepted a bid for sale of the 1991 used Mack truck and will use the proceeds towards the purchase of the new truck scheduled for delivery in August.

Town officials accepted a bid for $14,690, the lone bid, for the used Mack from an out-of-state bidder and will also utilize funds from restricted or unrestricted highway reserves to reduce the bonding costs of the $189,000 state bid heavy duty highway truck and plow to $127,000. The town board had re-bid the truck with a minimum bid of $14,000.

Town board members adopted a resolution authorizing town attorney Steven Jones, in consultation with Town Supervisor Jim Goldstein and Highway Superintendent Alex Hodge, to research and develop recommendations for local law options to govern road use and natural gas development in the township. Pending state regulations on high-volume hydraulic fracturing could be implemented by September.

Town officials appointed a comprehensive planning committee to begin the process of developing recommendations for a 10-year plan for the township in areas ranging from economic development to farmland and historic preservation to housing, recreation, agriculture and the environment.

The committee is as follows: Chair, Judi Clippinger, Craine Lake Road resident, former mayor of Smyrna, experience with Smyrna comprehensive planning process; Gary Will, town planning board chair, River Road resident, farmer, small business operator, sportsman and natural gas lease holder; Thomas Hoe, Lakeshore Drive, Lebanon Reservoir, area musician and Colgate University employee, natural gas lease holder of producing well; David Lopp, Route 12B, Middleport Road area, active in trying to reduce speed limit at Middleport intersection; Brian Musician, Musician Road, South Lebanon area, local co-owner of Community Supportive Agricultural business and extensive family farm and business history in the township; and Susan Galbraith, South Lebanon Road, South Lebanon area, former DeRuyter town supervisor, energy consultant for engineering firm.

Two additional members added at or after the meeting included Pat Matson, Craine Lake Road; and James McDowell, Bradley Brook Road, local music producer and musician.

The committee will meet in August and one of the first orders of business is to find additional members who represent the following categories: residents of the hamlets of Randallsville and Lebanon, a small business owner, a larger farm operator, a representative on historic preservation, representatives from housing, real estate, tourism or recreation, farmland preservation and natural gas development.

The committee is charged with making recommendations on anticipated needs and services in the next decade in areas of housing, farmland preservation, economic and agri-business development, recreation, tourism, energy, demographic trends, infrastructure, small business growth and expansion, service needs, environmental and historical preservation.

Town officials also directed the town attorney to address and resolve a possible conflict of interest on dog licensing issues with Town Justice John Bartlett so the town can begin the process of issuing appearance tickets for dogs that have yet to be licensed in the township.

Town Clerk Nicole Viera reported that 28 dogs identified by the census as unlicensed had been licensed since the initial dog census notification and paid the $25 fine. Dog Control Officer Gloria Delee estimates about 120 dogs still need to be licensed in the township but cannot issue appearance tickets until the dispute with Bartlett is resolved.

Town board members agreed to address all cases in the same manner and to either resolve the perceived conflict between Bartlett and Delee over an alleged unlicensed dog or to consider petitioning a county judge to send dog licensing cases to another local court where there will be no perceived conflict of interest.

Goldstein said that dog licensing was a safety issue. He said it confirms and has on file vaccination records of all dogs in the township, helps to quickly resolve dog bite issue questions, whether it is livestock or a person, and helps dog owners locate missing dogs more rapidly.

The town has taken over the task of licensing and maintaining the local dog licensing registry since the state discontinued the function in December. The state still collects mandatory fees on dog licensing, but Madison County has taken steps to dedicate that money to Wanderers’ Rest Humane Association shelter.

Goldstein and Hodge gave updates on the status of Federal Emergency Management Agency assistance for flood damages in May and June after attending the initial meeting in June; they also met with FEMA and state officials to document road repair expenses to date and planned repairs of the Deep Spring Road bridge at a July 18 meeting in Wampsville.

Goldstein said Jones is trying to clarify whether the town needs to create a water district for residents in the town outside the village to continue to receive water. He said the funding agency may permit the village to sign agreements and easements to address concerns without requiring a water district and would have more details at the next meeting.

Goldstein said it was frustrating that money spent on engineering and legal costs prior to this time might have been avoided had this been clarified by the village or the authority funding the project; the board will discuss the expenses to date, which were originally intended to be charged only to residents of the planned water district.

Town officials met briefly in a special meeting Saturday, July 23, to discuss contractual concerns related to road sand and will address the matter further at its full board meeting Aug. 8. That meeting will be held in the Smith Valley Community Center, River Road, Randallsville.

James and Dianne McDowell of Bradley Brook Road expressed concern about high-volume hydraulic fracturing of natural gas that is being proposed under new state regulations and supported the idea of the town exploring local laws on these issues.

Panel Discusses Hydrofracking

Who Do You Believe – Industry Scientists or Environmental Scientists?

By Chris Hoffman

(Hamilton, NY – July 2011) On July 19, the Southern Madison County Gas Coalition (SMCGC), a group of landowners allied to garner the best outcome for leasing and environmental protection should hydrofracking be allowed, held an informational meeting at Hamilton Central School.

Presentations were made by Dr. Donald Siegel, Professor of Earth Sciences at Syracuse University, and Dr. Scott Cline, a petroleum geologist and engineer. A panel discussion followed, moderated by David W. Keefe, CEO of international oil and gas consulting company Petro Enterprises, Inc., former employee of Exxon Mobile, and a long-time resident of Madison County.  All three panelists have posted to the website of the organization Friends of Natural Gas NY.

Siegel’s presentation was titled, “Shale-Bed Methane: A Critique of Perceived and Real Hydrologic Problems,” and culminated in his statement that “fracking will not create systemic water problems.” He stated that only about 10 percent of the 2 to 5 million gallons of water used per well comes back out, and “what doesn’t come out does not move or flow underground.”

He cited data from the US Geological Survey’s gauged streams project that shows 500 million to 2.5 billion gallons of water now flowing, and called using 5 million gallons of water per well for hydrofracking “very minimal.”  He noted that the “fracture zone” takes place 2,000 to 3,000 feet below potable water levels, and the energy released during hydrofracking is “less than that released by an air gun.”

Siegel stated that Ian Urbina’s series in the New York Times on hydrofracking was misleading because “past waste disposal and well sealing practices have no bearing on the future” and that new rules and best practices allow for wastewater to be processed and re-used in drilling.

Cline’s presentation focused on the proposed regulatory changes in the draft Supplemental Generic Environmental Impact Study (dSGEIS), stating that these new proposed regulations will “ensure safe development at every step” and that NY regulations will “mitigate most of the incidents experienced in PA,” such as methane migration, site spills, and failure of blowout prevention.

Additionally, Cline’s research has led him to believe that hydrofracking does not cause either aquifer contamination or methane migration.

Background

The original dSGEIS was released on September 30, 2009, with a 90-day public comment period.  The DEC received 13,000 comments.  The preliminary revised draft SGEIS (prdSGEIS) was released on July 8, 2011, and is nearly 1100 pages long.  It can be accessed by visiting dec.ny.gov/energy/75370. By the end of this month, socioeconomic and community impact studies will be added to the prdSGEIS and are expected to be available for public access by Fall 2011.

The public comment period for the prdSGEIS is currently set for 60 days. Publication of the final SGEIS is anticipated by December 2011.

Questions and Comments from the Audience

How can we be assured of protection against shoddy operators?

Panel Response:  More stringent regulations and higher standards; no permits will be issued beyond the DEC’s oversight ability; permitting fees to DEC from gas companies will fund additional DEC staff; constructing the wellheads is very expensive, which limits involvement to large, well-capitalized operators.

Keefe added that the SMCGC proposed lease for its members would hold the gas companies accountable for all actions associated with construction and drilling.

According to one attendee whose profession is disaster recovery and reconstruction, “Bradford County, Pa. looks like one of the worst disaster sites I have ever seen since hydrofracking has commenced there.”

He cited white dust on everything, residual wastewater being sprayed on the roads to keep the dust down, gas lines in people’s back yards, constant noise and hum from machinery.  Upon inquiry during his visit there, he learned that the workers were not local people, but were brought in from Canada.

Panel Response:  Construction is “initially disruptive, but it moves on.”  The gas companies repair the roads at their own cost; the promise of a domestic gas supply instead of foreign oil is worth the inconvenience. This man’s inquiry, “where is the gas going?” was not answered by the Panel.

A woman stated that she had learned that there are currently 15 banks and several insurance companies in CNY that will not mortgage property with or near a well pad.  Panel Response:  We are unaware of this.

Another attendee asked if hydrofracking speeds up production. Panel Response:  Hydrofracking makes it possible to extract larger quantities of gas in a shorter period of time.

The meeting ended after 10 p.m. with existing opinions unchanged. Those in favor of drilling dismiss the environmental concerns of those opposed, and those opposed don’t believe that industry or regulators can be trusted.

Catskill Mountainkeeper Cites Ongoing Concerns

On July 20, Catskill Mountainkeeper, an independent, not for profit, community based environmental advocacy organization, released its initial observations after reviewing the dSGEIS, citing ongoing major issues:

The DEC will leave tracking of the solid and liquid wastes generated by fracking to gas industry operators and does not classify as hazardous some of the waste that normally qualifies as hazardous, meaning that fracking waste could be sent to ineffective treatment facilities.

The DEC proposes to prohibit fracking in primary aquifers that serve as public drinking water supplies, but this “prohibition” is limited to a couple of years, after which the state could “reconsider” the bans.  In addition, the DEC does not specify the conditions under which “reconsideration” would be reviewed.

The state will prohibit well pads above ground on state-owned lands, but would allow drilling under these same lands.

The DEC plans to allow permits to be issued before legally enforceable new regulations are finalized.

Requirements regarding the cumulative impact of multiple wells lack a comprehensive, focused plan to review and analyze consequences.

The DEC has not addressed fracking in areas of special geological risk, such as those with fault lines that are potential pathways for the upward gradient of contaminants into aquifers, because they claim that contaminants can’t rise into aquifers. However, according to Mountainkeeper, independent scientific studies have proven that upward migration of contaminants is not only possible, but also likely, and the DEC’s assertion is based on industry studies that examined just 5 days in the fracking process.

Instead of prohibiting open storage pits, the DEC has relied on industry’s assertion that they are “unlikely” to use open pits for storage of wastewater, and has proposed a system whereby a lone DEC employee could grant approval without an environmental impact study.

Mountainkeeper asserts that the prdSGEIS “presents the industry with a clear road map for fracking in the Catskill Park, the Delaware River Watershed, and throughout the Southern Tier of New York.”

IndustryViolations Continue in PA

The PA DEC reports 1,750 violations (dep.state.pa.us) by gas companies from January – May 2011, including:

Discharge of industrial waste and pollutants into waters of the Commonwealth – 140

Failure to achieve permanent stabilization of earth disturbance activity – 68

Failure to adopt pollution prevention measures – 57

Failure to prevent migrations into fresh groundwater – 3

Failure to plug a well on abandonment – 200

Failure to properly control, store, transport, process, or dispose of industrial waste – 81

Failure to remove equipment or restore site within nine months of completion – 59

Improper casing to protect fresh groundwater – 14

Improperly lined pit; pit/tanks insufficient to contain pollutants – 62

Pollution incident not reported – 13

Chris Hoffman is a freelance writer/reporter for the Madison County Courier. She can be reached at Madnews@m3pmedia.com.

 

Lebanon to Hold Special Meeting 8:30 a.m.

(Lebanon) Lebanon town officials will hold a brief special meeting of the Town Board Saturday, July 23, at 8:30 a.m., at the Town Office, 1210 Bradley Brook Road in the hamlet.