New gas law dilutesSt. Marys ordinance

Tuesday, February 21, 2012

Changes to the oil and gas regulations at the state level mean regulations in St. Marys' ordinance may not be enforceable.
During Monday's city council meeting, zoning Officer Matt Pfeuffer said Gov. Tom Corbett signed House Bill 1950 into law. It changes the way oil and gas wells are treated and imposes an impact fee on non-traditional wells.
Some of the money will go to municipalitiies, but there are conditions attached, Pfeuffer said.
Municipalities cannot impose stricter requirements than what the state has in place he said.
Pfeuffer wanted to know if he should direct the planning commission to revise the city's oil and gas ordinance approved by the council last year so they fall under the state's new requirements.
"I don't think we have any choices," Councilman Dan Hepner said. He said the new regulations largely throw out everything done by the city last year. Councilman Bob Roberts agreed
Solicitor Tom Wagner said the Elk County Commissioners have to sign an ordinance regarding the impact fees and are expected to do so.
Wagner said he isn't familiar with the city's oil and gas ordinance and asked Pfeffuer to provide him with a comparison.
Councilman Dick Dornisch said his main concern continues to be protecting the watershed.
He said the regulations seem to be good for the oil and gas industry while municipalities have to agree or be blackmailed out of funding.
Dornisch asked if the city can put a general restriction in place regarding the watershed rather than making it specific to the oil and gas industry.
Wagner said one reason he asked Pfeuffer for the compairson is to give him a chance to examine the changes.
Dornisch said his concern continues to be that St. Marys is at the top of the water source that flows to the Mississippi River and the Chesapeake Bay and the city needs to defend it. He said he doesn't like the arm-twisting being done by the state.
Asked by the solicitor if the other members hold the same view as Dornisch, Hepner said it's pretty well stated that there is nothing the city can do to override what the state has done.
Roberts said the city needs to comply with the state regulations.
Voting in favor of having the planning commission revise the city's oil and gas ordinance were Mayor Sally Geyer and Councilmen Roberts, Hepner and Greg Gebauer. Dornisch voted against it. Councilman Ned Jacob was not present.
q q q
Reported by JoAnn Seltzer, staff writer. E-mail:jseltzer@thecourierexpress.com.