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Digging in Their Heels

2/22/2013

 
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The County Commissioners seem to be telling the residents of the Woodlands. "You're on your own."  At the Feb. 6, 2013 Butler County Commissioners Meeting, the Commissioners released a written statement entitled “People of the Woodlands must Unite” where they abdicate leadership on the issue of the health and safety of the people who have been living without clean water for two years.

They appear to be digging in their heels by refusing to spend any of the $1.1 million that was received by the County and Connoquesessing Township in impact fees to be spent on impacts associated with natural gas production.

Below is MOB's response to their statement and comments made at their meeting on Feb. 6, 2013.  Parts of this statement were read at the Feb. 20, 2013 meeting.  The Commissioners did not comment.

>>Sign the Online Petition >>


At the Feb. 6, 2013 Butler County Commissioners Meeting, the Commissioners released a statement entitled “People of the Woodlands must Unite.”  The document was a response to Marcellus Outreach Butler’s petition which demanded that the Impact Fees collected by the County and Connoquennesing Twp be utilized to provide safe water to the residents of the Woodlands whose well water went bad after drilling and fracking began in their area.  The following is a response from Marcellus Outreach Butler to several misconceptions conveyed and questions left unanswered in the content of that document as well as to the Commissioners’ comments at the meeting held on Feb. 6, 2013.

First, at the meeting, at the Feb. 6, 2013 meeting Mr. McCarrier and Mr. Pinkerton refused to answer a question that was posed to the Commissioners asking whether or not they, or members of their immediate family, have taken any contributions or gifts from the gas industry; benefitted from a business relationship with the gas industry; or leased land for gas drilling.  In the published statement the Commissioners further note, “Chairman William McCarrier is not the Vice-President, nor does he own or retain a position at Interstate Pipe and Supply Company.”  However, MOB has found evidence in Bizapedia and in a bio of Mr. McCarrier printed in the Valley of Reading, PA Freemason newsletter dated November 2008, that demonstrates the McCarrier family has and continues to have business ties with the oil and gas industry though companies such as Interstate Pipe & Supply Co., Morrow Drilling Company, and McCarrier Oil Co. MOB membership believes it is incumbent upon Mr. McCarrier to fully disclose his past and present connection to these or any other enterprise that participates or benefits from gas drilling. 

Second, in their statement the Commissioners quote the 13 subsections of Act 13 § 2314(g) which lay out the ways in which the Impact Fee may be spent; however, they ignore the header for section (g) which states “A county or municipality receiving funds under subsection (d) shall use the funds received only for the following purposes associated with natural gas production from unconventional gas wells within the county or municipality” (emphasis added). This language makes it clear that the Impact Fee must be spent to cover the costs of impacts associated with natural gas production.  

Third, we would like to address the Commissioners’ call for the people of the Woodlands to organize.  The reality is that with no help from the county or township, those affected in the community have organized a water bank to do that which Rex Energy, the Commissioners and the Supervisors have refused to do.  These residents have reached out to churches, non-governmental agencies, and advocacy groups to fill the need of their community raising funds and gathering donations to support their community.  To insinuate that they have not is insulting to their hard work.  The reality is that public utilities are not organized by individuals or neighborhoods, rather these public services are undertaken at the municipal level because the cost and scope are so large that they are best handled by local government. 

Member of the Woodlands communities and other stakeholders have repeatedly asked to meet with the State Rep. Brian Ellis, the Butler County Commissioners, Connoquennessing Township Supervisors, Rex Energy, and Pennsylvania American Water and they have been systematically turned away each time.  Furthermore, community members were barred from attending a meeting in August held in Brian Ellis’ office between Rep. Ellis, the County Commissioners, Township Supervisors, and Larry Lambo from Pennsylvania American Water.  They had to wait until September, when a few members of the community were invited to meet with Mr. Eckstein.

Fourth, at the meeting Chairman McCarrier suggested that out of state signatures did not concern him and Mr. Eckstein suggested that there were few signatures from the area.  As of Feb. 17, 2013 there were 1,144 signatures.  844 of those are from the state of Pennsylvania, 200 of which are from Butler County.  Others come from former county residents and supporters of the Woodlands who live as far away as Germany.  Rather than being dismissive, the Commissioners should recognize that the reputation of Butler County as a family and community-oriented place to live, where the wellbeing of all its citizens, is relevant to the future of our County.  We are not a closed society.

Fifth, the Commissioners suggest that those who signed the petition would help more if they donated to White Oak Springs Church to support the water drive.  Many of signatories have been donating since the water bank began in early March of 2012.  Marcellus Outreach Butler held a water drive on March 1, 2012 and a fundraiser for the Woodlands on December 8, 2012.  The former event collected over 300 gallons of water for the affected families, and the latter event raised $3,900 to fund the water bank. The three Commissioners were invited to the December 8 fundraiser; they did not attend.  It costs over $400 a week to keep the water drive functioning.  Private citizens have picked up this bill each and every week.  To insinuate otherwise is being dishonest.

What have the Commissioners done to support the Woodland’s efforts?  Mr. Eckstein generously donated 20 gallons to the water drive.  We applaud his generosity, however, this amount will only serve a small family for one week.  Have McCarrier and Mr. Pinkerton organized a water drive at St. Fidelis?  Has Mr. McCarrier requested a donation or support from the Freemasons?

The document concludes with the following statement; “We believe UNITED we can get the job done, but DIVIDED we will fail.”  What the Commissioners are really telling to the Woodlands families is, “You are on your own.”  We strongly urge the Commissioners to exert the appropriate power of municipal government to solve this problem and to do so quickly.

-MOB

Butler County Gassed - Feb 2013

2/15/2013

 
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The map of gas activity in Butler County may be found on the website of  FracTracker Alliance.  Although FrackTracker does a wonderful job of tracking this activity, new well permits, SPUDS (start of drilling), and violations in Butler are coming fast and furious.  To help you appreciate the number and rapidity of this activity, a new section of the MOB Newsletter will be devoted to reporting the activity that has occurred since the last Newsletter.  For this initial reporting, the activity occurring to date in 2013 is provided.

*****************************

In Butler County to date in 2013, the PA Department of Environmental Protection (DEP) Oil and Gas Management website shows that 19 permits were issued for establishing wells and SPUDs (start drilling). The list below includes the date, name of the well (usually designated by the landowner), activity, township, operator, and Department of Environmental Protection API number.  Note that a well pad often has more than one wells, designated as separate “units” and are reported separately.  These are the separate horizontal wells or laterals drilled and each must have its own vertical well drilled. 

1/3/2013

Lassenger Unit 5H, drilling permit issued, XTO Energy Inc., Butler Twp.

1/3/2013

Holy Trinity Monastery A Unit 5H, drilling permit issued, XTO Energy Inc., Penn Twp.

1/8/2013

Kozik Bros. Unit 1H,

SPUD (drilling started),

XTO Energy Inc., Summit Twp.

1/11/2013

Kozik Bros. Unit 2H,

SPUD (drilling started),

XTO Energy Inc., Summit Twp.

1/13/2013

Ambrose Unit 4H, SPUD (drilling started), XTO Energy Inc., Summit Twp.

1/16/2013

Lassinger Unit 2H, SPUD (drilling started), Butler Twp.

1/19/2013

Heasleys Nurseries Unit 1H, SPUD (drilling started), XTO Energy Inc., Summit Twp.

1/19/2013

Rutledge Unit 4H, SPUD (drilling started), XTO Energy Inc., Forward Twp.

1/19/2013

Rutledge Unit 3H, SPUD (drilling started), XTO Energy Inc., Forward Twp.

1/19/2013

Rutledge Unit 2H, SPUD (drilling started), XTO Energy Inc., Forward Twp.

1/19/2013

Rutledge Unit 1H, SPUD (drilling started), XTO Energy Inc., Forward Twp.

1/29/2013

Baillie Trust Unit 1H, Permit issued, Rex Gas Dev LLC,  Jackson Twp.

1/29/2013

Baillie Trust Unit 2H, Permit issued, Rex Gas Dev LLC, Jackson Twp.

1/29/2013

Baillie Trust Unit 4H, Permit issued, Jackson Twp.

2/1/2013

Ambrose Unit 1H, SPUD (drilling started), XTO Energy Inc., Summit Twp.

2/4/2013

 

2/8/2013

Godfrey C Unit 2H, drilling permit issued, XTO Energy Inc., Penn Twp.

2/8/2013

Godfrey C Unit 3H, drilling permit issued, Penn Twp.

2/8/2013

Hixon Unit 3H, drilling permit issued, XTO Energy Inc., Forward Twp.

2/12/2013

Kozik Bros. Unit 4H,

SPUD (drilling started),

XTO Energy Inc., Summit Twp.

2/4/2013

McElhinney Unit 1H, Violation-Failure to properly store, transport, process or dispose of a residual waste (Approximately 20 bbl Frac Fluid to the ground), Rex Gas Dev LLC, Forward Twp.




Hijacking the Impact Fee

2/12/2013

 
Please sign the following petition to help the families of the Woodlands get clean water returned to their homes.
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You remember it like it was yesterday right?  During the Act 13 debate, all they wanted to talk about was the impact fee.  “The impact fee will protect our communities.”  “It will repair any impacts.”  You remember it right? We were told that we had to pass the bill because if we didn’t we would miss out and communities would continue to shoulder the burden of the “impacts.”  Well, it was passed and nothing seems to have changed.

Now that it is time to spend the impact fee, Butler County and Connoquinessing Township are looking to ignore the portion of the law that states it must be used on impacts “associated with natural gas production from unconventional gas wells within the county or municipality” (Act 13 §2314-g).  They plan to use it to cover cutbacks from the state and throw it into the general fund. 

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As of Jan. 25, 2013, thirty (30) families in the Woodlands area of Connoquenessing Township, Butler County, PA now rely on local churches and other sources of water for drinking, bathing, and cleaning.  Community members first reported contaminated water in 2010, shortly after Rex Energy started using the controversial technique called hydraulic fracturing or “fracking” in their rural community.  Water and air tests have revealed high levels of VOC’s and other toxins associated with fracking.  In Oct 2012 Butler County and Connoquenessing Township received over $1.1 million in Act 13 impact fees (Garrett, 2013).  Although yet to earmark the funds, you, the county commissioners and township supervisors have indicated that you have no intentions of spending any of the $897,000 and $205,486 respectively to help your constituents receive public water.  Instead County Commissioner and Vice President of Interstate Pipe and Supply, Bill McCarrier was quoted in the Butler Eagle that he plans on spending the money to fill gaps in your budgets.  “We've had so many cutbacks from the state, for example, human services and the 911 center, Medicare and Medicaid payments to Sunnyview,” McCarrier said (Biller, 2013).  This line of thinking runs counter to the public promises made during the debate of Act 13 and may, in fact, be illegal under §2314 of Act 13.

Even the prime sponsor of Act 13, Brian Ellis and PA House Majority Leader Rep. Mike Turzai agree.
“Impact fees generally, and this one in particular, are used to pay for a number of uncompensated cost that are currently being absorbed by local communities and the state.  These include upgrades to effected roads and bridges, water and sewer systems, which are being strained, admittedly, by increased usage.”
-Pa House Majority Leader, Mike Turzai

Whatever project – whether township, borough or county-level, can only use the money for restoration or repairs," he said.  "They can’t use it for anything else. We're not giving them an additional revenue that they could spend willy-nilly," he continued (Olson, 2011)
-Butler County State Rep. and prime sponsor of Act 13, Brian Ellis
Act 13 §2314(g) states “A county or municipality receiving funds under subsection (d) shall use the funds received only for the following purposes associated with natural gas production from unconventional gas wells within the county or municipality” (emphases added)”.  The following subsections include:

(2)  Water, storm water and sewer systems, including construction, reconstruction, maintenance and repair.

(5)  Preservation and reclamation of surface and subsurface waters and water supplies.

As you can clearly see, both the intention and the letter of Act 13 regarding the Impact Fee mandate that any money received under §2314 be spent on those impacted by “natural gas production from unconventional gas wells.”  And unless there are other communities or individuals that fit that description, you are obligated to spend the full $1.1 million on the Woodlands community.

Marcellus Outreach Butler is a group of Butler County, Pennsylvania individuals and coalitions concerned about the health and safety of our communities due to horizontal, slickwater, hydrofracture drilling in Marcellus Shale for the extraction of natural gas.

Cited:

Biller, Ed.  “Neighbors Continue Battle about Water.”  Butler Eagle 19 Jan. 2013.

Garrett, Kelly B.  “Marcellus Shale Windfall Unspent.”  Butler Eagle 2 Jan. 2013.

Olson, Laura.  “Ellis: impact fee for locals only.”  Post-Gazette 16 June 2011.

You Fracked my Preschool

2/4/2013

 
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A Rex Energy site on Ridge Rd. in Jackson Township, PA.  The frack pond on this site is located less than 300 ft. from the nearest home and 412 ft. from a former daycare center.

In September the parents of the daycare center received a call from stating that the center was closing early that day because their water well had stopped working.  Rex had been drilling from the pad.  The 4th and final wellbore passed directly under the daycare center.

The building where the center was located was leased by the operator of the center, Lifesteps (http://www.lifesteps.net/).  The lander owner is Penn Acadia Resources LLC (http://www.dandb.com/businessdirectory/pennacadiaresourcesllc-renfrew-pa-34984734.html).  No one at the center or at Lifestep's main office knew anything about the gas lease nor did they know about the drilling or the frack pond.

A parent informed the center of his concerns.  On Oct. 10th a letter was sent to the other parents regarding the drilling.  A few weeks later the center announced that it was closing at the end of 2012 because of lack of enrollment.

Photo by: Bob Donnan


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