No Decision Yet on Compressor Station Ordinance

A small crowd of approximately 20 residents, as well as two MarkWest employees, attended the continuation of the Cecil Township Board of Supervisors public hearing regarding an ordinance addressing compressor stations Monday.

The proposed ordinance addresses myriad issues, including permission for township officials to enter the premises, staying up-to-date on the latest technology and regulations, required set-backs, security and aesthetics.

The draft ordinance met early concerns from residents regarding one section, which states that an authorized township official may enter the building or premises during normal business hours to ensure the ordinance is being met.

The question arose regarding liability of the township if an official visits the site and declares it safe only to be followed by some type of accident or incident at the station. Concerns were voiced that responsibility could be shifted to Cecil.

Supervisor's Chairman Mike Debbis advised Bruce Bosle, director of zoning, to revise that section.

“We need to fine tune that a little. You don't want to be going in there saying everything is okay and then being liable,” Debbis said.

But all items up for debate were not as easily addressed by changes to wording. The draft under review met a lot of critique and suggested revisions by Christopher Rimkus, associate counsel for MarkWest.

Among the more controversial issues for Rimkus was an item requiring compressor stations to be kept up-to-date with the latest technologies. The item in question forces any operator or applicant to comply with all new regulations, even if they aren't required by the governing administrative body. It also says the stations must be equipped with the most current technologies.

Rimkus argued that this type of ordinance would have consequences that reach far beyond the operations of a compressor station. He questioned how setting this type of precedent would affect all types of industry and industrial equipment.

Not only could it have long-reaching consequences, but he also debated the use of the phrase “most-current technology," because technology seems to make advances on a daily basis.

“I don't know how many iPods there have been in the last eight years, but I'd hate to have to go buy a new one every nine months,” Rimkus said.

Rather, he suggested supervisors replace it with “appropriate technology” instead.

Debbis expressed that none of the proposed regulations was meant to block future development, but to protect the residents and the township from long term damage. He stated that there is “no second chance” when dealing with machines that will be in place for 50 to 100 years.

The final issue that left the board and MarkWest divided was one that kept them 750 feet apart. The drafted ordinance proposes a setback of 1500 feet from neighboring properties. Rimkus, however, feels a reasonable distance is 750 feet from the nearest structure.

Elizabeth Cowden, a resident who is currently running for supervisor, warned that if no reasonable compromise can be made, ultimately it could wind up in the hands of the legal system.

“Both the board and MarkWest are trying to find something that is reasonable. If it can't be decided what is reasonable, than the courts might have to decide,” Cowden said.

The board is expecting a drafted ordinance from Rimkus next week, which they will review and consider. An updated ordinance will then be drafted by the board and Bosle, taking into consideration public concerns, suggestions by MarkWest as well as concerns by board members themselves.

Another public hearing has been set for 6 p.m. June 13.