Range Resources and Cecil Tussle Over Overlay Ordinance

The atmosphere in the Cecil Township municipal meeting room became volatile during a public hearing Tuesday regarding a natural gas development overlay district related to Marcellus Shale drilling.

The board reviewed three separate maps created by zoning director Bruce Bosle. One showed an overlay preventing drilling from taking place within 200 feet of any structure, which is covered under the Oil and Gas Act—with a 2,000 foot protected area around schools.

The other two maps illustrated a 1,000-foot area from any residential development and 1,500 feet, with the protected area around schools remaining the same.

Ken Komoroski, legal counsel for Southpointe-based Range Resources, emphasized the lack of distinction between what the supervisors refer to a "setback" and what they call a "buffer," arguing that they are one and the same and that both violate state law.

“I think it's considered a safety zone, as far as I'm concerned. I think it's just a play on words,” said Supervisor Andy Schrader.

Komoroski said after the meeting that this is something that "could" go to court in the future.

“It is too soon to say if we will go to court but it is being considered,” Komoroski said.

Several residents in attendance, who indicated they currently have wells drilled on their properties, said these new regulations could potentially exclude them from cashing in on their mineral rights.

Board Chairman Mike Debbis explained to these residents that there is a hardship claim they can make in an attempt to get a variance to allow for drilling on their property if there is no other way to reach them through horizontal drilling practices.

Then Komoroski aggressively demanded to know what it was that the supervisors were trying to protect with these proposed overlay districts.

“School children. Residents have come in here and they want to feel comfortable when they send their kid to school that there isn't something that happens. It is a new industry around here. We have no long-term studies,” said Debbis.

Debbis went on to say that after an extended period with proven safety, these distances and overlays could be revisited, but that he would rather have precautions in place before an accident occurs than reacting to one after the fact.

While Debbis said he feels the 2,000 feet around schools is the right distance based on what he has read and heard, he admits the other distances may need to be revisited.

“Maybe that 1,500 feet is a bit arbitrary. Maybe it should be 1,000 feet. That was an arbitrary number on paper. It was a starting point for us,” Debbis said.

Schrader said he visited residents in Avella who lived close to the fire at the drill site there earlier this year and asked their opinion on how far away they felt was a safe distance when it occurred. He said this information helped him determine what a good overlay district was for the people of Cecil.

Schrader also questioned Komoroski on what he said were inconsistencies from the attorney on what distance Range Resources feels is safest—citing a model ordinance given to Cecil by the company.

“I do find it kind of ironic that on your model ordinance on section F, where it says minimum distances, it says a well site should not be drilled closer than 500 feet. So do you feel the 200 is too close also?” Schrader asked.

Komoroski said the company did put that in the model ordinance, but then turned the question around to the supervisors about how they came up with 1,000-, 1,500- and 2,000-foot overlay districts.

According to Debbis, these figures were based on research into what is done in other areas of the country.

“There have been many, many misstatements made by these supervisors tonight. They are feeding you misinformation tonight. They are relying on the Internet and newspaper stories and hearsay,” Komoroski said, addressing the residents.

The hearing was left open and Bosle was asked to create two new overlay maps illustrating a 500-foot district around every structure, as well as a 500-foot overlay district surrounding residential developments.

Also, supervisors asked Range Resources to provide a map showing the 38 wells Komoroski says will be eliminated if Cecil goes forward with the proposed overlay districts.

The next hearing has been set for 6:30 p.m. Aug. 8 in the township building.