City Moves on Shale Law

OKs 1st reading of drilling ban

Morgantown Dominion Post
8 June 2011
By Tracy Eddy

Marcellus shale drilling could be illegal in Morgantown and up to a mile beyond the city limits by the end of this month.

During its Tuesday meeting, City Council voted 6-1 to approve the first reading of a law to ban horizontal drilling and fracturing — or fracking — in Morgantown and one mile around the city. A public hearing and second reading will be held before the law can be adopted.

Mayor Bill Byrne and council members Ron Bane, John Gaddis, Jenny Selin, Marti Shamberger and Don Spencer voted in favor of the law. Councilman Charlie Byrer voted against it.

Two resolutions regarding Mar- cellus shale — including one that asks the state Department of Environmental Protection (DEP) to issue a stopwork order for the two Marcellus wells being drilled within one mile of the city’s water supply — also were approved.

Council also unanimously approved the first reading of a law to ban smoking in all bars, restaurants and workplaces within the city limits.

More than 40 residents spoke for and against the Marcellus shale drilling and the city’s proposed smoking ban.

The public portion lasted nearly two hours.

The crowd at the meeting spilled into the hallway near council chambers. People also gathered in City Hall’s lobby.

The law the city originally proposed to address the Marcellus shale drilling banned all oil and gas drilling within the city limits and fracking up to a mile beyond the city’s borders.

The draft was amended Tuesday to continue to allow conventional oil and gas drilling within city limits, if the drillers have a permit from the city.

Byrne said conventional drilling doesn’t pose the same risks fracking does and the city wanted to make a distinction between the two.

Byrer made a motion to table the proposed law until the governor calls a special session to address the state’s Marcellus shale permitting and drilling regulations. The motion failed for lack of a second.

He said the proposed law infringes on the rights of people who live within the city’s one-mile radius and may want to sell the mineral rights to their property.

If passed, the law would not affect the two Marcellus wells being drilled at the Morgantown Industrial Park — they would be grandfathered in.

Many residents told City Council it was the best shot the city had at protecting its water, air and quality of life from the potential hazards of Marcellus shale drilling — especially since the state hasn’t taken any action.

“We think you’re the only people left to protect us,” said Nancy Ganz, president of the Suncrest Neighborhood Association.

Corky DeMarco, executive director of the West Virginia Oil and Natural Gas Association, said the industry doesn’t have a history of polluting a ground water aquifer.

Jack Thompson, spokesman for Chesapeake Energy, said protecting the water was “extraordinarily important” to the industry.

Council voted, 6-1, to pass the resolution asking the DEP for a stop-work order for all Marcellus wells being drilled within one mile of the city’s water supply until the water and the public’s health, safety and welfare can be protected. The resolution also asked the DEP to stop issuing new permits for Marcellus wells within one mile of the city’s water supply.

If the DEP agrees to issue the stop-work order, the two Marcellus wells at the Morgantown Industrial Park would be affected.

Byrer voted against the measure. He said the Morgantown Utility Board negotiated an agreement with the drilling company working on those wells — which included extra safeguards — and the resolution would undermine that agreement.

Council voted unanimously to adopt a resolution asking the state Legislature to develop comprehensive standards addressing risk criteria for well permits and public involvement in the permitting process, among others.

   

Smoking ban

Council also passed the first reading of a law to ban smoking in all bars, restaurants and workplaces in Morgantown.

Several business owners voiced concerns that smoking customers would go to bars and restaurants in the county instead, if the ban was passed.

“I’m not against the ordinance per se,” said Jerry Lorenze, owner of Suburban Lanes. “I’m against the unfair playing field it creates.”

Selin suggested the city have the law go into effect 60 days after it is passed and council members unanimously approved the amendment.

City Manager Terrence Moore said the city could work with the county during that time period to see if it would pass a similar law, countywide. “That would alleviate the equity issue,” he said.

Advocates of the ban discussed the dangers of secondhand smoke for patrons and employees.

Beverly Keener, regional tobacco prevention specialist, said eight hours of second-hand smoke is like smoking 36 cigarettes.

Ken Busz, executive director of the Morgantown Area Chamber of Commerce, asked City Council not to rush into approving the law and offered to host a forum on the issue.