One take:
“Section 23-2901. The watershed of the Susquehanna River should be
included. I don’t trust the DEC to make meaningful “determinations”.
One overriding problem with the bill, as written, is that it does not provide
for important judgments, determinations, findings, etc to be made by
reputable, independent experts. Proving responsibility for contamination
is difficult unless, as a condition to issuance of the permit, the driller
has been required to test wells of all property owners within a spacing unit
and deliver results to DEC and to the property owners. Spills should not
only be reported to DEC but also to representatives of local government i.e.
Town Supervisors. Sanctions should be imposed not only if driller refuses to
clean up but also if it FAILS to do so within a specified time frame.
“In a timely and appropriate manner” is far too vague! Why limit the felony to
surface waters?
“Section 23-2903. All components of frack materials MUST be disclosed to
DEC and to local authorities — end of discussion. Nothing less than full
public disclosure should be considered. The cloak of confidentiality
under any circumstances is dangerous to the public health, hampers appropriate
local response and frankly the “proprietary” information argument is a
crock. They should not be permitted to invoke the law to hide behind
their mistakes. This is the weakest part of the bill. I don’t think that DEC
should be the sole arbiter of “establishing a standard for the composition of
hydraulic fracturing compounds. They are too cozy with the drillers.
Liquid waste should also be prohibited from being disposed of in dry
wells.
“Section 23-2905. Drillers are responsible for mitigating environmental
damage but in accordance with what standards and with what kind of
independent oversight? They ought to be financially responsible but the
actual mitigation should be done by an independent, reputable company
with no ties to the industry. Hooray. I like the part about state lands.
Again, applications for permits will require an “assessment” of impacts.
Whose assessment? Surely, we should not be prepared to accept the driller’s
assessment or that of any industry “consultant.”
“Section 23-2907. DEC should have more than the authority to impose fees.
This law should establish a superfund to be funded by the industry and by
permitting fees etc. Restoration should specifically include reforestation
and restoration of soil so the land can again be used for agricultural
purposes — if that’s even possible! The restrictions on lighting are
pathetic. In a rural area, the lights can be seen for miles. Enforcement of
noise, lighting and all safety issues should be permitted at the local
level. It is silly to think that the DEC has the manpower and resources
to monitor these operations on any kind of regular basis. Local
enforcement is key to protection of the public health and safety. The right of
rescission on a lease is a joke as long as the law fails to address the
point at which the clock starts to tick. It should be measured from the
date that the landowner receives a fully-executed original of the lease
document and not before. As for the other protections for lease
transactions–see my memo. This section requires a great deal more
specificity. Indeed, some of these provisions should apply retroactively.
“Section 23-2909. Again, monitoring and enforcement should be local.
“Section 23-2911. Providing for unannounced inspections and actually
carrying them out are two entirely different issues. The DEC is woefully
understaffed and underfunded. Adding more responsibilities will only
look good on paper unless the tools are there to carry out the intentions.
Again, this is why local government should be permitted to play a role.
“Periodic inspections” – This too is a joke — Periodic could mean once
in every blue moon.
“Section 23-2913. Measurement of production must be fool-proof. Treat it
like gas pumps at the filling station. Taxes must be direct and must
benefit the localities.
“The major flaw with this bill is that it continues to see the State DEC
as the only player — that is, besides the industry — not really an even
match. The sponsors fail to accept that drilling is also very much a
local issue that strains local resources. Local officials must have a role.
Finally, the advisory committee should be given some power. Other
members should include chemists, physicians, geologists, and the county
supervisor of each county where a certain threshold of drilling is taking place.”
Jane Welsh, P.C.
Hamilton, NY 13346
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