Tioga County Resource Binder

Marcellus Shale Resource Binder: Spring 2010


Tioga County Resource Binder:

Drilling in the Marcellus Shale

Prepared for Tioga Investigates Natural Gas by:

Cornell University Marcellus Shale Workshop

Instructor: Katia Balassiano, AICP

Teaching Assistant: Meghan Jacquet, MRP 2010

Students:

Sung Hag Ahn, Urban and Regional Studies 2010

Davis Archer, Natural Resources 2010

Isaac Arginteanu, Science of Natural and Environmental Systems 2012

Emily Barber, Industrial and Labor Relations 2010

Paul Barber, Interdisciplinary Studies 2012

Rachel Cluett, Natural Resources 2010

Nathaniel Decker, Master of Regional Planning 2011

Hyun Ji Do, Urban and Regional Studies 2010

Elizabeth Goodwin, Natural Resources 2012

Chris Koenig, Master of Regional Planning 2010

Esther Kwan, Government and Urban and Regional Studies 2011

Mike Roberts, Natural Resources 2010



Table of Contents

CHAPTER 1: INTRODUCTION................................................................................................................................... 1

PURPOSE ...................................................................................................................................................................... 1

HISTORY OF TIOGA INVESTIGATES NATURAL GAS (TING) ....................................................................................................... 1

HISTORY OF CORNELL CITY AND REGIONAL PLANNING WORKSHOP .......................................................................................... 1

METHODOLOGY ............................................................................................................................................................. 2

WORKSHOP CLASS FORMAT ............................................................................................................................................. 2

THE MARCELLUS SHALE ................................................................................................................................................... 3

Geography ............................................................................................................................................................ 3

CHAPTER 2: DRILLING PROCESS OVERVIEW ............................................................................................................ 7

NATURAL GAS DEVELOPMENT TIMELINE ............................................................................................................................. 7

Pre-Drilling Phase ................................................................................................................................................. 7

Construction and Drilling Phase ............................................................................................................................ 8

Production Phase ................................................................................................................................................ 11

Reclamation Phase ............................................................................................................................................. 12

CHAPTER 3: INTERGOVERNMENTAL COMMUNICATIONS ...................................................................................... 13

GENERAL CHANNELS OF COMMUNICATION ........................................................................................................................ 15

REGULATORY STRUCTURE AND EXISTING REGULATIONS ......................................................................................................... 16

Federal agencies and regulations ....................................................................................................................... 17

State agencies and regulations ........................................................................................................................... 19

Local regulations/regulating agencies................................................................................................................ 22

WHO TO CONTACT REGARDING SPECIFIC EVENTS ................................................................................................................. 24

Municipal / County Coordination on Notification of Gas Drilling in the Marcellus Shale ................................... 24


Municipal / County / State Coordination on Notification of County Road Problems .......................................... 25

MUNICIPAL / STATE COORDINATION ON NOTIFICATION OF SPILLS OR OTHER ACCIDENTS ............................................................ 27

LIST OF STATE GOVERNMENT CONTACTS (AS OF SPRING 2010) ............................................................................................. 28

MUNICIPAL / COUNTY COORDINATION ON NOTIFICATION OF BRINE OR FRACTURING LIQUID INJECTION IN THE MARCELLUS SHALE .... 31

CHAPTER 4: ENVIRONMENT ................................................................................................................................. 33

INTRODUCTION ............................................................................................................................................................ 35

NOISE MITIGATION ...................................................................................................................................................... 35

Effects of Noise on Human Hearing: ................................................................................................................... 36

General Principles for Noise Mitigation: ............................................................................................................. 36

Suggestions for Noise Mitigation: ....................................................................................................................... 37

Design Principles to Consider when Constructing Noise Barriers: ...................................................................... 37

Measurement of Noises from Construction or Industrial Activities: ................................................................... 40

Suggested Sound Mitigation Companies: ........................................................................................................... 41

MODEL NOISE ORDINANCE ............................................................................................................................................ 41

Penalties for offenses by municipalities that have adopted noise ordinances:................................................... 45

EFFECTIVE LIGHTING PRINCIPLES ..................................................................................................................................... 45

Introduction: ....................................................................................................................................................... 45

FOR MUNICIPALITIES WITHOUT ZONING REGULATIONS IN PLACE: .......................................................................................... 47

Introduction: ....................................................................................................................................................... 47

MODEL LIGHT ORDINANCE ............................................................................................................................................ 55

MUNICIPAL ZONING CONSIDERATION ............................................................................................................................... 60

STATE FORESTS’ LEASE STATUS ........................................................................................................................................ 60

DESCRIPTION OF CRITICAL ENVIRONMENTAL AREAS (CEAS) ................................................................................................. 61


Introduction ........................................................................................................................................................ 61

What Are CEAs, and Why Are They Important? .................................................................................................. 61

Disclaimer about Critical Environmental Areas (CEAs) ....................................................................................... 61

Why Consider Natural Areas When Drilling? ...................................................................................................... 62

PRIVATE NATURAL AREAS OF INTEREST ............................................................................................................................. 62

LIST OF POTENTIAL CRITICAL ENVIRONMENTAL AREAS ......................................................................................................... 64

Town of Owego ................................................................................................................................................... 64

Village of Owego................................................................................................................................................. 67

Town of Newark Valley ....................................................................................................................................... 70

Village of Newark Valley ..................................................................................................................................... 72

Town of Richford ................................................................................................................................................. 73

Town of Barton ................................................................................................................................................... 75

Village of Waverly ............................................................................................................................................... 77

Town of Tioga ..................................................................................................................................................... 78

Town of Candor ................................................................................................................................................... 78

Village of Candor ................................................................................................................................................ 79

Town of Berkshire ............................................................................................................................................... 79

Town of Spencer .................................................................................................................................................. 80

Village of Spencer ............................................................................................................................................... 81

Village of Nichols ................................................................................................................................................ 81

Cross Municipalities ............................................................................................................................................ 82

CHAPTER 5: WATER QUALITY ................................................................................................................................ 95

INTRODUCTION ............................................................................................................................................................ 97


CHEMICALS USED IN HYDRO-FRACTURING ........................................................................................................................ 98

Description of hydro-fracturing fluid .................................................................................................................. 98

Classes of additives used in fracturing fluid ........................................................................................................ 98

FIGURE 5.2: PROPORTIONS OF ADDITIVES IN FRACTURING FLUID (DSGEIS, 2009). ................................................................. 100

WATER TESTING......................................................................................................................................................... 100

Initial Testing for Baseline Water Quality ......................................................................................................... 100

AQUIFERS AND WELLHEAD SOURCES .............................................................................................................................. 106

Aquifer Attributes: Tioga County ...................................................................................................................... 106

Aquifers of Tioga County ................................................................................................................................... 107

Designation of the Clinton Street-Ballpark Aquifer System under the Safe Drinking Water Act ....................... 108

MODEL WELLHEAD PROTECTION PLAN .......................................................................................................................... 110

MODEL WELLHEAD PROTECTION ORDINANCE ................................................................................................................. 112

BEST MANAGEMENT PRACTICES ................................................................................................................................... 119

CHAPTER 6: ROADS ............................................................................................................................................ 121

INTRODUCTION .......................................................................................................................................................... 123

IMPACTS OF NATURAL GAS DEVELOPMENT ON ROADS ....................................................................................................... 123

POTENTIAL ROAD POLICIES .......................................................................................................................................... 125

ROAD ASSESSMENTS ................................................................................................................................................... 125

ORDINANCES ............................................................................................................................................................. 126

MODEL ROAD PROTECTION AND DRIVEWAY ORDINANCES .................................................................................................. 126

MODEL DRIVEWAY PERMIT/ORDINANCE ........................................................................................................................ 136

FURTHER POINTS OF CONSIDERATION ............................................................................................................................ 161

CHAPTER 7: WORKFORCE ................................................................................................................................... 163


INTRODUCTION .......................................................................................................................................................... 165

WORKFORCE ANTICIPATION ......................................................................................................................................... 166

Drilling Phase Workforce .................................................................................................................................. 166

Direct Workforce at Production Phase .............................................................................................................. 166

Pre-Drilling and Reclamation Workforce .......................................................................................................... 166

Comparison between Southern Tier NY and Northern Tier PA .......................................................................... 167

EDUCATION AND TRAINING .......................................................................................................................................... 168

CHAPTER 8: PUBLIC SAFETY ................................................................................................................................ 171

INTRODUCTION .......................................................................................................................................................... 173

PUBLIC SAFETY SURVEY ............................................................................................................................................... 173

Survey A ............................................................................................................................................................ 173

Survey B ............................................................................................................................................................ 173

CHEMICAL RISKS FOR RESPONDING OFFICERS .................................................................................................................. 174

HYDRO-FRACTURING ACCIDENTS IN THE NEWS ................................................................................................................ 175

FIRE AND POLICE COVERAGE IN TIOGA COUNTY ............................................................................................................... 176

REPORTING SPILLS ...................................................................................................................................................... 179

What to do: ....................................................................................................................................................... 179

Hotlines ............................................................................................................................................................. 179

CHAPTER 9: INFORMATION FOR GAS COMPANIES .............................................................................................. 183

INTRODUCTION .......................................................................................................................................................... 183

HUNTING ................................................................................................................................................................. 183

TEMPLATE FOR HANDOUT TO GAS COMPANIES REGARDING SAFETY DURING HUNTING SEASON ................................................. 184

CHAPTER 10: CONCLUSION ................................................................................................................................. 187


CHAPTER 11: RESOURCES AND REFERENCES ...................................................................................................... 191

APPENDIX .......................................................................................................................................................... 205

APPENDIX A: INTERVIEWEES AND SPEAKERS...................................................................................................... 207

APPENDIX B: NEW YORK STATE WATER QUALITY STANDARDS ............................................................................ 209

APPENDIX C: USGS BASELINE TESTING CONSTITUENTS ...................................................................................... 211

APPENDIX D: COSTS OF BASELINE TESTING AT COMMUNITY SCIENCE INSTITUTE, INC. IN ITHACA, NY ............... 213

APPENDIX E: EXAMPLE ROAD PRESERVATION LAW ............................................................................................ 215

APPENDIX F: EXAMPLE ROAD USE AGREEMENT ................................................................................................. 221

APPENDIX G: WORKFORCE SURVEY AND RESPONSES FOR TIOGA COUNTY ........................................................ 229

APPENDIX H: WORKFORCE SURVEYS FOR PENNSYLVANIA COUNTIES ................................................................. 240

APPENDIX I: HYDRO-FRACTURING ACCIDENTS IN THE NEWS ............................................................................. 247

Table of Figures

Chapter 1- Introduction

Figure 1.1: Map of the Marcellus Shale

Chapter 3- Intergovernmental Communications

Figure 3.1: Map of the Susquehanna River Basin

Figure 3.2: Regulatory jurisdiction for high volume hydro-fracturing operations

Chapter 4- Environment

Figure 4.1: Examples of noises in decibels

Figure 4.2: Examples of good noise barrier designs

Figure 4.3: Images of aesthetically pleasing vegetative noise barriers

Figure 4.4: Image of gabion noise barriers

Figure 4.5: Image of industrial noise absorbing quilting

Figure 4.6: Image of light from the luminaire

Figure 4.7: Image of light that results in disability

Figure 4.8: Image of excessive use of light

Figure 4.9: Image of floodlight at a higher mounting height

Figure 4.9.1: Image of floodlight at a lower mounting height

Figure 4.9.2: Example of light being shielded

Figure 4.9.3: Example of bad lighting

Figure 4.9.4: Example of Sag Lens

Figure 4.9.5: Example of good lighting

Figure 4.9.6: Image of cobra heads

Figure 4.9.7: Examples of fixtures to be avoided

Figure 4.9.8: Examples of ways to shield light

Figure 4.9.9: Pole-mounted light design and spill

Figure 4.9.10: Pole-mounted light design and spill

Chapter 5- Water Quality

Figure 5.1: Table of additives in hydro-fracturing fluid

Figure 5.2: Graph showing the proportions of additives in hydro-fracturing fluid

Figure 5.3: Suggested Sonde locations in Tioga County

Figure 5.4: Image of confined and unconfined aquifers

Figure 5.5: Map of aquifer systems of Waverly, Owego, and Binghamton

Figure 5.6: Map of designated sole source aquifers in New York and New Jersey

Figure 5.7: Map of unconsolidated aquifers in Tioga County

Chapter 6- Roads

Figure 6.1: Table showing number of truckloads required for well pad activities

Chapter 7- Workforce

Figure 7.1: Map of the Twin Tiers of New York and Pennsylvania

Figure 7.2: Table showing Northern Tier Direct Workforce Requirements

Chapter 8- Public Safety

Figure 8.1: Map of distances to fire stations in Tioga County

Figure 8.2: Map of distances to law enforcement agencies in Tioga County


CHAPTER 1

INTRODUCTION

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Chapter 1: Introduction


Purpose

This Resource Binder is meant to be a resource for local officials seeking a guide to aid with decision-

making in regard to gas drilling in the Marcellus Shale. Although natural gas development may bring

economic opportunities, it may also place new demands on communities. It is important that officials and

community members have access to the information they need to manage new issues that will confront

their communities as a result of gas drilling. This Binder should provide local officials with information

about the gas drilling process, its potential impact on communities, and how to manage these impacts to

preserve and improve the economic, social, and natural environment in Tioga County. Natural gas drilling

is a very dynamic process, so this document is designed to be updated and supplemented as needed.

History of Tioga Investigates Natural Gas (TING)

Tioga Investigates Natural Gas (TING) was created in March of 2009 with the initiative of the

Agricultural Resource Group with a mission ―to address public sector impacts and opportunities of natural

gas drilling in Tioga County.‖ The group was originally organized into eight subcommittees: Public

Safety, Environmental Impacts, Water Quality, Roads, Workforce, Communications, Mapping, and

Business Opportunities. The subcommittees are comprised of the leaders and staff of the relevant

governmental, quasi-governmental, and non-governmental organizations of Tioga County, including, but

not limited to, the County Legislature, Cornell Cooperative Extension, Economic Development and

Planning, the Chamber of Commerce, the Soil and Water Conservation District, the Environmental

Management Council, the Farm Bureau, the Rural Economic Area Partnership, the Council of

Governments, Town Boards, the County GIS, and Police, Fire, and Emergency Management Officers.

History of Cornell City and Regional Planning Workshop

This Resource Binder was compiled by the Cornell City and Regional Planning Workshop on the

Marcellus Shale (CRP 3071/5071), led by instructor Katia Balassiano and teaching assistant Meghan

Jacquet, in the spring semester of 2010. Workshop courses provide an environment that closely replicates

what the students will find when they graduate and begin working as community planners and decision-

makers. Students in workshops work on real projects and respond to concerns identified by real clients

and communities. They work together to develop a professional end product to be used by their client. In

this case the client was the community task force TING, which tasked this workshop to develop a

Resource Binder.


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Professor Balassiano designed this Workshop to engage with the issue of natural gas drilling in the

Marcellus Shale and contribute to the City and Regional Planning Department’s desire to provide

community outreach and public service. Rod Howe, Assistant Director of Cornell Cooperative Extension,

put her in contact with Andrew Fagan, Director of Extension for Tioga and Chemung Counties, and a

member of TING. Elaine Jardine, Tioga County Planning Director, recognized the Resource Binder as a

suitable project, and the TING Steering Committee approved the partnership between TING and the

Workshop.

Methodology

The Workshop was comprised of thirteen graduate and undergraduate students from the fields of City and

Regional Planning, Natural Resources, Environmental Science, Industrial and Labor Relations,

Government, and Business. A variety of literature sources were used to compile this Binder. Workshop

members utilized many print documents along with the websites of useful organizations such as the New

York State Department of Environmental Conservation. The sources used are cited throughout the Binder

and can be found in the reference chapter and the appendices at the end of the document. In addition to

leveraging a wide array of literature on the topic, the students interviewed and met with public officials,

extension agents, concerned citizens, engineers, gas company representatives, and lawyers knowledgeable

about various aspects of gas development. A list of interviewees is included in Appendix A. Often the

students looked outside of Tioga to similar communities in New York and Pennsylvania to find model

ordinances and practices put in place in response to ongoing and future natural gas drilling. A notable

example frequently referenced in this Binder is Bradford County, PA, a county that has been dealing with

horizontal well drilling and hydro-fracturing for a number of years. TING and the Workshop decided that

Bradford was comparable to Tioga because of its proximity and its similarity in terms of population,

resources, infrastructure, climate, and geography.

Workshop Class Format

The Workshop met biweekly, in addition to many meetings of smaller subgroups. The Workshop was

divided in to a number of subgroups designed to address TING's general topics of concern as identified in

the January 2010 TING Master List of Tasks and to concentrate research efforts. These subgroups were

Environment, Communications, Water Quality, Roads, Workforce, and Public Safety.


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The Marcellus Shale

Geography

The Marcellus Shale formation extends from West Virginia, through Eastern Ohio, Western and Northern

Pennsylvania, and the Southern Tier and Finger Lakes regions of New York State. Its name is derived

from an outcrop of the shale by the village of Marcellus, near Syracuse NY.

Map of the Marcellus Shale

Figure 1.1: The lines and numbers indicate thickness of the shale strata. (Geology.com, 2009)

Geology of the Marcellus Shale

The Marcellus Shale is a black shale. Black shales are sedimentary formations high in organic materials,

and are associated with coal, oil, and gas deposits. Thickness of the shale strata varies from approximately

890 feet at the eastern extent near New Jersey to only a few feet in thickness at its most western extent in

Ohio. Underneath Tioga County the thickness of the shale strata is on the order of 50 to 100 feet.

Although the Marcellus Shale is exposed at the ground surface in some locations in the northern Finger


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Lakes area, it is as deep as 7,000 feet or more below the ground surface along the Pennsylvania border in

the Delaware River valley. Drilling activity is expected to focus on areas where the Marcellus shale is

deeper than 2,000 feet.

The United States has increased its development of unconventional natural gas sources by about 65%

over the past decade. The development of hydro-fracturing technologies specifically, has opened up the

possibility for procuring significant amounts of natural gas from the Marcellus Shale formation. The

United States is interested in pursuing this play mainly for economic and security reasons, as it will aid

the United States in its effort to become more energy independent. As natural gas is not a renewable

resource, its benefits to our economic and security sector will only last as long as the resource does - an

estimated 14 years.

In New York State, the DEC is responding to the industry’s interest with a draft Supplemental Generic

Environmental Impact Statement (dSGEIS), which the DEC is in the process of finalizing. The purpose of

the dSGEIS is to analyze the range of potential impacts of shale gas development using horizontal drilling

and high-volume hydraulic fracturing, and to outline safety measures, protection standards and mitigation

strategies that operators would have to follow to obtain drilling permits. Rather than proceed with the

permitting of individual wells, which is an extremely timely and costly process, the industry is waiting for

the DEC to release the final dSGEIS. This has created a small window of opportunity for local

governmental organizations, as they now have an opportunity to build capacity and prepare for drilling. It

is important for local governments to start implementing preparatory measures now, as the DEC expects

to finalize the dSGEIS in Oct 2010 and expects horizontal drilling to begin earliest Jan 2011.


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CHAPTER 2

DRILLING PROCESS OVERVIEW

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Chapter 2: Drilling Process Overview


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Natural Gas Development Timeline

The following chapter examines the different phases of gas drilling and production. It is important to note

that the total duration of the drilling process is highly variable as is the duration of each phase. Many

factors affect each phase’s duration including the decision to drill multiple wells using a single pad,

alteration of drilling practices to respond to geologic complexities, and re-stimulation of a well to increase

production. Fluctuations in commodity prices, regulatory structures, company operations, and

technological innovations further complicate timeline estimates.

Wells will not move through the stages of development simultaneously. Wells in one part of town will

need to be reclaimed even as a well in another part of town will be in the early stages of drilling. Keeping

up to date on ―where wells are‖ in the timeline can help mitigate infrastructure and environmental

problems.

Contained within this chapter:

Pre-Drilling

Construction and Drilling

Production

Reclamation

Pre-Drilling Phase

Gas exploration is a large component of pre-drilling activities. In Tioga County gas companies have

already completed most of the activities described, though exploration will continue as more companies

move into the area. Activities can also re-occur when new exploratory technologies become available.

Seismic testing is a major component of pre-drilling activities. Seismic testing uses sound waves to create

three-dimensional images of the earth. It is used by geologists working for gas companies to help pinpoint

locations of natural gas reservoirs before drilling occurs. These scientists rely mainly on Vibrator Trucks

(referred to in the industry as ―thumper trucks‖), seismograph-recording trucks, and devices called

geophones to conduct their testing. As the trucks vibrate the ground, the geophones receive the resulting

reflecting waves. (http://www.askchesapeake.com/Barnett-Shale/Production/Pages/Seismic.aspx)

Seismograph testing in a given area of a couple hundred acres can be completed in a matter of a few days.

Generally, no ―permitting‖ is required of gas companies in order for them to conduct seismographic

testing. To test private land, gas companies need the consent of the landowner.

http://www.askchesapeake.com/Barnett-Shale/Production/Pages/Seismic.aspx


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Seismic testing requires a number of people to drive a half a dozen separate thumper trucks and one

recording truck. While anywhere from five to ten class 6, 7, and 8 vehicles are required to carry out a

typical seismic testing procedure, existing infrastructure should be able to handle the sporadic loads that

seismic testing generates without much concern. These stresses are a fraction of what is to come later on

during the overall gas drilling process. Periodic use of low flying helicopters is common during testing.

Given the extent of current leasing in Tioga County, there is potential for large-scale pre-drilling

operations. The Tioga County Landowners Association currently represents roughly 1/3 of the county’s

total acreage; about 70% of this area is currently unleased. It is likely that the vast majority of Association

land will be leased, and likely that many landowners not in the Association will sign leases. Sections of

Tioga's large swaths of state land will also be opened to drilling. A chart of the lease status of state forests

is included in the environment chapter. Cumulatively, a large portion of land in Tioga County will be open

to gas development of one kind or another.

There are two basic ways for landowners to lease their land. The first way is for the lessor to handle the

lease and negotiations his or herself. The second way is for the lessor to "collectively" bargain for their

lease via a landowners’ coalition. Gas companies approach these two leasing methods in very different

ways. When negotiating a collective lease individual landowners have very little interaction with the

representatives of the gas companies ("land-men"), individuals who negotiate their own leases are in

much more direct contact with land-men. Land-men have gone door-to-door in Tioga County and the

Southern Tier of New York for decades. This activity will intensify and the leasing compensation will

increase if companies are considering development activities in the area. A typical gas lease has a primary

term, which can last anywhere from 3 to 10 years. After the primary lease, a gas company can renew the

lease for a second term, which will have roughly the same duration. No permits need to be filed by the gas

companies in order for them to proceed with land leasing activity, however land-men typically require

access to county records, plat books and deeds, and paperwork will be filed with the deed that records the

lease of the mineral rights. The labor requirements of land leasing activities are highly variable over a

given area, although the labor requirements are typically very small. Land-men are independent sub-

contractors to gas companies.

Landowners should become educated about the leasing process before signing a lease with an energy

company. As with any other legally binding document, landowners can negotiate any and all terms of the

lease, and landowners should speak with an attorney or landowner coalition about advice and strategies

for obtaining favorable lease terms.

Construction and Drilling Phase

Site Preparation

Well pads must be surveyed and laid out before clearing and construction begins. With the help of the data

generated during the exploration phase, gas companies strategically decide where to most efficiently


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locate well pads. This process takes no more than two days per well. Site preparation will continually

occur as necessary until drilling has ceased. Though no permits are necessary to conduct the surveys the

plans must be approved by the DEC’s Division of Mineral Resources. A surveying crew is usually two

people.

Clearing the right of way for the road to the drill pad is required when woody growth occupies the space

in which the well pad is sited. This process usually involves a high horsepower tool-carrier fitted with a

mulching head, capable of reducing trees up to 30" in diameter to chips. If the site that is to be cleared

contains lumber grade timber, it may be harvested by a logging company prior to clearing.

Before well pads are constructed, a road is built to the site. These roads must be able to handle 100,000

pounds or more and be able to withstand freeze/thaw cycles (Trantham, 2010). After the road is

constructed, the well pad is stripped of topsoil, graded (possibly including cutting and filling on slopes),

and built up with aggregate or modified/crushed stone.

On average, road and drill pad construction takes four days (Jacquet, 2009). This average may be lower

than what Tioga County will experience, as it was calculated based on data collecting in the State of

Wyoming. If logging is to occur, a week or more may be required.

The Jacquet report also stated that an average of four laborers was required for each well pad and road

construction. If logging is needed, then this number will increase. (This number did not include dump

truck drivers).

Clearing equipment can weigh up to 30 tons (http://www.fecon.com/products /view/?productid=8). While

these machines will not be going up and down local roads, they will need to be transported to and from

the site being cleared. If logging is to be conducted, log trucks and equipment transporters will be

required and will travel the local roads as well.

The machinery used to construct a well pad can weigh up to 42 tons (cat.com), and requires class 8 trucks

for transportation. Well pad construction is the first major phase that requires routine truck trips. The

aggregate products that are required to properly construct these sites require a significant number of truck

trips.

The following is a hypothetical calculation to give a rough estimate of how many dump truck trips are

required to construct a well pad:

If a drill pad is one acre in size, the access road will be approximately 30 feet wide by 500 feet long, and

require about six inches of aggregate as a base. A road like this would require about 1084 cubic yards of

aggregate. A typical tri-axle dump truck can legally haul twelve cubic yards of this type of material. This

means that about 180 one-way trips are necessary to haul enough material to complete this hypothetical

road.


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This hypothetical road is probably shorter, narrower, and shallower than the average access road, so 180

one-way trips should be considered a low estimate.

If the local public roads the dump trucks travel on are not hard surfaced, dust and air quality can become a

problem. Also, the noise generated by the heavy earth-moving equipment on the site can sometimes be a

concern.

Drilling and Fracturing

When the pad is ready, rig and support equipment are transported to the site in preparation for drilling.

Equipment includes office and housing trailers, generators, well casing, pumps, water storage tanks, and

forklifts. On average rig transportation and set up takes five days (Jacquet, 2009). The exact duration

depends of the size of the rig and the number and size of truck moving equipment.

This stage also requires routine truck trips. Dust and noise from the trucks are a continued concern

throughout this phase.

Though the majority of the Marcellus Shale formation can be profitably drilled using horizontal well

drilling technology, wells begin with a vertical well that is drilled by a rig called a spudder. This initial

drilling causes relatively high traffic as supply trucks, equipment, and labor forces converge on the site.

After the vertical well is complete, horizontal wells averaging between 2,000 and 4,000 feet are drilled.

Well can extend upwards of 6,000 feet. Horizontal drilling is a much more intensive process than vertical

drilling, requiring a much larger drilling rig and much more energy. When the drilling is complete the

fracturing process begins. The average amount of time required to drill and fracture the horizontal portion

of a Marcellus well is six weeks (Bradford). It can take anywhere from 800,000 to 5 million gallons of

water to hydraulically fracture a well. It is important to take into consideration that the majority of this

water has to be hauled back out from the site, and the number of one-way trips is usually in the hundreds.

Completion Activities

Once drilling and fracturing is complete, equipment is broken down and trucked off of the site.

Municipalities should expect similar time frames and labor requirements as described previously in the

text as the initial rig construction phase. Some of the disturbed land will be reclaimed.

Transportation Pipeline Construction

Construction of transportation pipelines is necessary for natural gas to reach the market. The major

transportation line in Tioga County currently is the Millennium Pipeline. Though this pipeline was just

completed in 2008, more transportation pipelines may be constructed throughout the County in the future.

If a proposed project involves an interstate pipeline, it falls under the jurisdiction of the Federal Energy

Regulatory Commission (FERC). The project sponsor has the option of either requesting that a National


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Environmental Policy Act (NEPA) pre-filing review be initiated during the early stages of project design,

or waiting until later and filing with FERC under the traditional application review process.

The pre-filing process is designed to facilitate and expedite the review of natural gas pipeline projects that

would normally require FERC to prepare an environmental assessment, an environmental impact

statement, or a historic preservation review as part of the traditional review process. The project sponsor

must notify and request that the various regulatory agencies be involved in evaluating the project if a pre-

filing review from NEPA is filed. In this case, FERC staff will take the lead in scheduling and

coordinating the approval steps.

A FERC review of an interstate pipeline project takes anywhere from 5-18 months, with an average time

of 15 months. No data is available on the average time for obtaining approval from an individual state

agency. Usually approval by the regulating authority is conditional, but most often the conditions do not

constitute a significant impediment. The project sponsor must then either accept or reject the conditions

and re-apply with an alternative plan.

Construction of the Millennium Pipeline required over 2,000 laborers over several years. This equates to

roughly 11 laborers required per mile of pipe constructed. In any given pipeline construction, pipe needs

to be transported to, and distributed along the right of way. A pipeline of this size also requires hundreds

of pieces of heavy equipment. Large pipelines have to cross public roads, raising traffic issues. Most

major highways are bored under. Rural roads are frequently bypassed with trenches, which can require

temporary road closings. Similar to the drilling operations, the large amount of soil disturbance, along

with the number of pieces of heavy equipment operating within a small window of time, air quality, and

noise from operations can be of concern for neighboring residents for the duration of construction. It is

important to note however, that pipeline construction is performed in stages, and that the activities are

temporary.

Local Pipeline Construction

Connector lines are necessary for gas to be taken from wells to larger distribution lines. The larger lines

take gas to the main transportation lines responsible for delivering gas to the market. Pipeline construction

is generally completed in four days. Traffic considerations of connector pipeline construction are not as

relevant as those concerning construction of a major pipeline, but are still significant. The equipment and

pipe, though smaller and lighter than a transport line, still represents a significant amount of weight to be

transported over rural roads.

Production Phase

The production phase is when the gas is brought to market. The timeline of this stage is highly variable.

Gas companies need to build an "inventory" of wells before constructing pipelines to take gas to market.

Because this build up of inventory proceeds at an irregular pace, it is impossible to guess its


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duration. Typically, regionally based workers monitor the production of gas until the well is no longer

producing gas, which may take as long as 30 years. During this time, access roads and a small area of

surface disturbance around the well are maintained for entrance, and workers visit the well site in pickup

trucks or a similar vehicle once or twice a week. Oil and gas companies must constantly monitor output

levels. Outputs equate to profits for the company and royalties for the lessor. Companies also watch for

abrupt dips in production, which could mean the well requires re-stimulation.

Every several years, the well will undergo what is known as ―a work over‖ which typically includes

partially re-drilling a portion of the well and performing different well testing procedures done during the

completion stage. These activities can last anywhere from a few days to a few weeks. Gas companies will

often re-stimulate wells with essentially the same hydraulic fracturing process used initially.

Reclamation Phase

When the well is no longer producing gas, companies will plug the well by pouring cement down the

wellbore to a certain depth, removing the well casing near the surface, removing the access road and

related equipment, and reclaiming the area to its natural state. Plugging may take a few days. Reclamation

may take a few weeks. A variety of heavy and light equipment is needed, ranging from cement trucks, to

earth moving equipment, though the process is relatively minor and temporary compared to the drilling

phase.


13

Chapter 3: Intergovernmental Communications


R


14



15



Natural gas development can put new demands on communities in terms of both services and

infrastructure, especially for communities that have not previously seen more intensive industrial

development. Events such as county road problems, spills and other accidents, drilling, and brine and

fracturing fluid injection can require action from multiple levels of government starting at the local level.

Having means of communication between different levels of government in place can facilitate responses

to these issues. Larger scale changes such as increasing school sizes and rising housing costs can also be

eased with assistance from the county and state. Open and frequent communication will spare

municipalities from having to "reinvent the wheel" as dozens of Southern Tier communities confront

similar issues. Close relationships between officials will ensure that issues with gas development are dealt

with quickly and efficiently and that the community will reap as much benefit as it can from gas drilling.

The government will also benefit from these avenues of communication in terms of improved response

and efficiency with regard to general municipal functions. In addition, the same avenues developed to

deal with gas drilling will be valuable for dealing with future economic or industrial development.


Recommended channels of communication

Who to contact regarding chemical/industrial spills

Who to contact regarding natural gas related development

State and local contact information

General channels of communication

Cornell Cooperative Extension (CCE)

(http://cce.cornell.edu/Community/NaturalGasDev/Pages/default.aspx)

CCE has periodic task force meetings that are regularly attended by municipal leaders from the Southern

Tier. Rod Howe ([email protected]) runs these meetings. The CCE website is a regularly maintained and

is an expansive source of information. It can be a useful source for information directly, but even if they

are not directly in possession of the information needed, CCE can facilitate dialogue with other

knowledgeable parties.

http://cce.cornell.edu/Community/NaturalGasDev/Pages/default.aspx


16


Southern Tier East Regional Planning Development Board

(http://www.steny.org/)

The Southern Tier East Regional Planning Development Board (STERPDB) is a special purpose unit of

government created under Articles 5-G and 12-B of the NYS General Municipal Law as a joint

undertaking by its member counties.

The Development Board has been educating local governments about the Marcellus Shale for years, and

has a number of resources available. Robert Augenstern, director of STE Development Board, has

produced a technical paper on the impacts of Marcellus Shale gas drilling and the role of towns and

villages in gas development (Augenstern, 2008).

Community Task Forces

(http://www.tiogacountyny.com/ting/)

Community task forces have been primarily responsible for planning for Marcellus Shale gas

development in the Southern Tier. The Community Task force for Tioga County is TING and dozens of

other task forces are doing similar work in other counties. As of spring 2010, Schuyler, Yates, Chemung,

and Chenango Counties all have county-wide task forces. Tompkins County has a number of town-level

task forces, including task forces in Ulysses, Danby, and Caroline. Municipalities in Tioga may consider

setting up municipal-level task forces to work with TING. Pennsylvania State University has a helpful

fact sheet that provides information on how these task forces can be set up and organized

(http://pubs.cas.psu.edu/FreePubs/pdfs/ua451.pdf).

The Association of Towns of the State of New York

(http://www.nytowns.org/)

The Association of Towns provides training, advocacy, and tools to members. In November of 2009 the

Association organized a summit in Owego on the Marcellus Shale. Their annual conference has

traditionally included a workshop on this issue. The Association is currently working on a policy toolkit

for towns for the Marcellus Shale. 910 of New York’s 932 towns are currently members and dues are

calculated on a sliding scale.

Regulatory structure and existing regulations

The United States Environmental Protection Agency (EPA), the Bureau of Land Management (BLM), the

NYS Department of Environmental Conservation (DEC), and the Susquehanna River Basin Commission

http://www.steny.org/

http://www.tiogacountyny.com/ting/

http://pubs.cas.psu.edu/FreePubs/pdfs/ua451.pdf

http://www.nytowns.org/


17


(SRBC) are the federal and state agencies charged with regulating ground and surface water quality. The

NYS Department of Health (DOH) is also involved in the regulatory structure, cooperating with the DEC

and county health departments in its oversight of the operation, design, and quality of public water

supplies in New York State.

Federal agencies and regulations

United States Environmental Protection Agency

The EPA is a federal agency whose role is to safeguard human and environmental health. The EPA writes

and enforces relevant legislation based on laws passed by Congress.

Safe Drinking Water Act

Under this act, the EPA has authority to establish drinking water standards. Some states distinguish

between primary and secondary standards. Primary standards set maximum contamination levels (MCLs)

on contaminants deemed harmful to human health, and are enforceable by law. Secondary standards set

MCLs on contaminants that have known cosmetic effects on humans (ex. cause discoloration of teeth)

and are not enforceable by law. New York State does not distinguish between primary and secondary

standards. Both primary and secondary contaminants have MCLs enforceable by law. Due to a provision

included in the Energy Policy Act of 2005, the EPA does not regulate hydraulic fracturing under the Safe

Drinking Water Act. This provision has been termed the Halliburton Loophole (Howell, 2010).

Clean Water Act

The Clean Water Act serves to reduce pollution into waterways by regulating the amount of pollutants

discharged by industries, wastewater treatment plans, and construction sites. This is accomplished through

a national permitting system known as the National Pollutant Discharge Elimination System (NPDES).

Under the Energy Policy Act of 2005, well site activities that disturb one or more acres are exempted

from the Clean Water Act's requirement for NPDES storm water permits for sediment runoff from

construction sites (DEC, 2010).

National Environmental Policy Review Act

Under this act, federal agencies are required to consider the environmental impacts of their actions.

Federal agencies are obligated to prepare an Environmental Impact Statement (EIS), a document

describing the scope of all anticipated environmental consequences, both positive and negative, of a

proposed action. In addition, the act established national environmental policies and goals, and

established a Council of Environmental Quality (CEQ) in the Executive Office of the President. \


18


The Susquehanna River Basin Commission

The Susquehanna River Basin Commission (SRBC) is an interstate, federal compact commission

including New York, Pennsylvania, Maryland, and the federal government. Its main role is to manage,

regulate, and conserve all water resources within the Susquehanna River Basin. It does not directly

regulate water quality, although it does play a role in establishing water quality standards. The SRBC

recommends modifications to state drinking water standards in an effort to establish uniform water quality

standards between the three states in the basin. It maintains certain forms of jurisdiction over natural gas

drilling activities that occur within the basin, including regulation of consumptive use of water from

public water systems. Consumptive water use is defined as the extraction of water that reduces the supply

in locations downstream. Since the Susquehanna River Basin spans multiple states, the federal compact

was created for management. The entirety of Tioga County lies within the upper Susquehanna River

Basin, and thus consumptive water use associated with industrial natural gas drilling will be subject to

SRBC regulations.

According to the Susquehanna River Basin Commission Regulation of Projects (Section 806 of Title 18,

CFR), the Commission requires that consumptive uses of water obtain an application to be submitted for

the following types of projects that are located at least partially within the Basin:

(i) Any project initiated on or after January 23, 1971, involving a consumptive water use of an average of

20,000 gallons per day (gpd) or more in any consecutive 30-day period.

(ii) With respect to projects previously approved by the Commission for consumptive use, any project that

will involve an increase in a consumptive use above that amount which was previously approved.

(iii) With respect to projects that existed prior to January 23, 1971, any project that increases its

consumptive use by an average of 20,000 gpd or more in any consecutive 30-day period above its pre-

compact consumptive use.

(iv) Any project, regardless of when initiated, involving a consumptive use of an average of 20,000 gpd or

more in any 30-day period, and undergoing a change of ownership (SRBC 18 CFR 806.4).

The SRBC will maintain an important level of oversight on gas drilling projects. Tioga County and its

municipalities are encouraged to involve themselves in the permitting process in order to track the

development of water use. The SRBC also offers many other valuable resources and information for

public access that are relevant to gas drilling. Please refer to the map of the Susquehanna Basin (see

figure 3.1).


19


State agencies and regulations

New York State Department of Health

The Department of Health (DOH) is a New York State governmental body charged with regulating public

drinking water systems. Its mandate is to "protect drinking water sources, provide financial assistance to

public water supplies, set standards for constructing individual water supplies and waste water systems,‖

as well as being ―responsible for certification and monitoring of water operator facilities." To this end, the

DOH has identified and mapped primary and principle aquifers in NYS. A primary aquifer is defined as

a "highly productive aquifer presently utilized as a water supply source by major municipal water supply

systems." A principle aquifer is defined as an "aquifer known to be highly productive or whose geology

suggests abundant potential water supply, but which is not intensively used as a water supply source by

major municipal systems at the present time." The Department of Health will have a role in reviewing

new proposed hydraulic fracturing additives, issues with naturally occurring radioactive materials, and

will work with the Tioga County Health Department in conducting water well investigations and fielding

complaints (dSGEIS, 2009).

The Department of Environmental Conservation

The Department of Environmental Conservation (DEC) is a New York State agency established by the

state Environmental Conservation Law (ECL) whose role is to enforce the ECL through the regulation,

management, and protection natural resources in the State. The DEC is responsible for authorizing gas

drilling permits, which are crucial to enforcing environmental and landowner protection during and after

the drilling process. During the permitting process, the DEC reviews proposed site locations and well

designs in accordance with standards set forth by the State Environmental Quality and Review Act

(SEQRA). Under the SEQRA, the commissioner of the DEC is responsible for developing regulations to

guide New York State and local governments in their implementation of the statute. During the drilling

process, the DEC conducts on-site inspections, enforces remediation responsibilities, and regulates

underground transport and storage of natural gas once drilling is complete. Among other responsibilities,

the DEC regulates the disposal, transport, and treatment of hazardous and toxic wastes; manages the state

program for oil and chemical spills; protects tidal and freshwater wetlands and flood plains; and promotes

the wise use of water resources. "The two principle tools used by the DEC to regulate gas wells are its

drilling permits and the SEQRA reviews" (Augenstern, 2008).


20


Figure 3.1:The Susquehanna River Basin (SRBC, 2006).


21


State Environmental Quality Review Act

New York's State Environmental Quality Review Act (SEQRA), the text of which can be found in Article

8 of the New York Environmental Conservation Law, requires all state and local government agencies to

consider environmental, social, and economic impacts before permitting activities that could affect the

environment. A preliminary review process must be completed before the proposed activity can take

place. During the review process, it may be determined that the environmental impact of certain activities

need further study. In this case, an Environmental Impact Statement (EIS) is required. The EIS is to be

prepared by either the applicant, or the lead agency in charge of permitting the action. The lead agency is

the government entity with approval powers over the project, in this case, the DEC. Whether or not the

lead agency actually prepares the EIS, it is responsible for the adequacy and accuracy of the final report,

as well as its publication and circulation. SEQRA requires that certain sections appear in the EIS,

including an explanation of the project, the environmental impact of the project, mitigation measures that

can be taken to reduce the harm from the project, and reasonable alternatives to the project. For more

information, please see: <http://www.dec.ny.gov/permits/32521.html>.

Generic Environmental Impact Statement (GEIS) / Supplemental GEIS

Due to the diversity of underground drilling activities, including oil, gas, solution mining, disposal, and

geothermal pumping, each operation is likely to pose different risks to the environment. Yet there are

certain commonalities across all drilling operations that are addressed in the Generic Environmental

Impact Statement (GEIS, 1988). The GEIS was created by the DEC in 1988 to provide relevant

information on all of these activities, and to guide the review process for each of them. The GEIS does

not necessarily waive a full EIS for horizontal drilling and hydro-fracturing. The Draft Supplemental

Generic Environmental Impact Statement for horizontal drilling and hydro-fracturing is currently being

written by the DEC (dSGEIS, 2009).

The dSGEIS was prepared by the DEC to satisfy the requirements of SEQRA for the anticipated

permitting and development of the Marcellus Shale formation for horizontal drilling and hydro-fracturing.

The dSGEIS was released in September 2009, and was followed by a public comment period. The

dSGEIS contains a vast amount of information relating to the new gas drilling process. According to the

DEC, the dSGEIS ―outlines safety measures, protection standards and mitigation strategies that operators

would have to follow to obtain permits" (DEC, 2009). The approval status of this document is very

important to the development of the gas industry in Tioga County and New York State. Status of the

dSGEIS should be monitored, and the document itself can be used as a resource for information of the

impacts of drilling.


22


Local regulations/regulating agencies

While much of the process of natural gas extraction is regulated and enforced by state and federal

agencies, the local governments will also have important roles. Much of this will be in the coordination

and communication of issues that arise at the local level, although there is also room for stricter

management and protection of water resources.


23


Figure 3.2: Regulatory jurisdiction for high-volume hydro-fracturing operations (dSGEIS, 2009).


24


Municipal Governments

The DEC has preempted local government's ability to directly regulate natural gas drilling. However local

government retains jurisdiction over local roads and the right to collect real property taxes. Communities

with zoning can control industrial activity to protect the health, safety, morals and general welfare of their

residents. Communities without zoning can adopt ordinances that regulate the use of land including land

designated as sensitive environmental areas, and land that is important to water quality. Private

landowners are also capable of stipulating provisions in their gas development leases that will protect

surrounding water resources.

Tioga County Health Department

The Tioga County Health Department, without being a direct regulatory agency, can be an important

entity for the coordination of water protection efforts. Municipalities are encouraged to communicate with

the Health Department to prepare management plans. If municipalities share baseline water tests the

Health Department can field concerns and address problems faster and more effectively. The Health

Department could help determine potential cases of contamination and help coordinate investigation and

remediation. Health Departments are specifically mentioned in the dSGEIS: ―the exception to this is when

a complaint is received while active operations are underway within a specified distance; in these cases,

the Department will conduct a site inspection and will jointly perform the initial investigation along with

the county health department."

Who to contact regarding specific events

Municipal / County Coordination on Notification of Gas Drilling in the

Marcellus Shale

(http://www.dec.ny.gov/cfmx/extapps/GasOil)

TING members continually monitor the Oil & Gas Searchable Database on DEC’s website for natural gas

drilling permit applications and permit issuance dates. But the website does not have real time drill start

dates and generally gas-drilling operating companies do not notify the county when they intend to start

drilling at any locations. However, some county officials on TING, particularly Public Safety, Public

Works and Health Department officials, need as much advance notice as possible to drill start dates. It

would be appreciated therefore, that when municipal officials, be it mayors/supervisors, clerks or highway

superintendents get notice from a company that they have a start date to drill, that the municipality

notifies the County Planning Director.

http://www.dec.ny.gov/cfmx/extapps/GasOil


25


The process should go like this:

Tioga County GIS Manager monitors DEC’s website and notices a new application or

permit issuance.

GIS Manager informs County Planning Director of company, municipality well is located

in, date and if permit has been applied for and/or issued

County Planning Director e-mails specified municipal officials (supervisor (mayor), clerk

and highway superintendent) where the well pad is to be located with this information

When gas operating company contacts municipal official with start date, that official

(supervisor, highway superintendent or clerk) informs County Planning Director by either

phone or e-mail.

County Planning Director will inform Public Safety, Health Department and other

officials and have them work with municipal officials involved.

This process can and should be modified to change with whatever needs or conditions dictate. The most

important message is to keep communications open on real gas drilling activity between the most

important municipal and county officials.

Tioga County Planning Director Contact Information:

Elaine Jardine

Phone: 607-687-8257

E-mail: [email protected]

Tioga County Department of Economic Development & Planning

56 Main Street, Owego NY 13827

Municipal / County / State Coordination on Notification of County Road

Problems

Road maintenance and repair may fall under the jurisdiction of different agencies depending on whether

the road is a private, municipal, county, or state owned. If damages occur, the appropriate highway

authority should be contacted. This section includes contact information for relevant highway authorities

for Tioga County. This list may be amended in the future as natural gas and other industrial development

evolves in Tioga and road-use/repair agreements and processes are put into place.

Municipal Highway Authorities:

Town Contact Information

Barton Highway Superintendent

Phone: (607) 565-9476

Berkshire Berkshire Highway Department

mailto:[email protected]


26


Phone: (607) 657-2705

Candor Highway Department

-

Newark Valley Department of Public Works

Phone: (607) 642-8700

Nichols --

Owego Town Highway Superintendent 70 Delphine Street

Owego, NY 13827

Phone: (607) 687-2641

Village Public Works Superintendent

20 Elm Street, Owego

(607) 687-1101

Richford Highway Garage:

Phone: (607) 657-2770

Spencer --

Tioga Highway Department

Phone: (607) 687-4727

Tioga County Public Works:

Any damage to county roads and bridges should be reported to the Deputy Commissioner Gary

Hammond. His contact information is:

Deputy Commissioner Gary Hammond

477 Route 96 Catatonk

Owego, NY 13827

(607) 687-0302

Email: [email protected]

New York State Department of Transportation, Region 9:

44 Hawley Street

Binghamton, NY 13901

General Inquiries:

Regional Director, Phone: (607) 721-8116

Maintenance Inquires:

Director of Operations, Phone: (607) 721-8140


27


Municipal / State Coordination on Notification of Spills or Other

Accidents

New York State (NYS) responds to reports of petroleum and other hazardous material releases through the

Spill Response Program maintained by the NYS Department of Environmental Conservation (DEC). Spill

response personnel throughout the State investigate such spill reports and take action based on the type of

material spilled, the potential environmental damage, and safety risks to the public.

Due to the complexity of the regulations and situations in which multiple laws and regulations can apply,

the DEC recommends that anyone with knowledge, report the discovery of any contamination or a

release to the NYS Spill Hotline (1-800-457-7362) as soon as possible.

In addition, the Tioga County Soil and Water Conservation District should also be notified:

183 Corporate Drive

Owego, New York 13827

Telephone: (607) 687-3553 or (607) 687-2240

Fax: (607) 687-9440

Office Hours: 8:00 AM to 4:30 PM


A spill should be reported if any of the following criteria are met:

The quantity is known to be more than 5 gallons; and

The spill is uncontained and not under the control of the spiller; and

The spill has or will reach the State's water or any land; and

The spill is not cleaned up within 2 hours of discovery.

A spill is considered to have not impacted land if it occurs on a paved surface such as asphalt or concrete.

A spill in a dirt or gravel parking lot is considered to have impacted land and is reportable.

Both immediate response and continued cleanup vary depending on the type of material spilled and the

damage caused. Federal and State law require the spiller, or responsible party, to notify government

agencies and to contain, clean up, and dispose of any spilled/contaminated material in order to correct any

environmental damage.

Any delay in containing or recovering a release allows contaminants to spread and may result in more

extensive damage and more expensive cleanups. DEC can provide additional resources to local agencies

during emergencies and will remain involved if continued cleanup of the environment is required.

Continued cleanup is the responsibility of the spiller and is required if contamination and environmental

damage remain after the initial containment and recovery.


28


http://www.dec.ny.gov/chemical/8428.html

Spill FAQ: http://www.dec.ny.gov/chemical/8692.html

NYS Spill Hotline: 1-800-457-7362

National Response Center: 1-800-424-8802

For further information, contact:

New York State Department of Environmental Conservation

Division of Environmental Remediation

Bureau of Technical Support

625 Broadway - 11th Floor

Albany, NY 12233-7020

(518) 402-9543

List of State Government Contacts (as of Spring 2010)

State Senate

Senator Malcolm Smith

Acting President of Senate, Majority Leader, Chair of

Rules Committee

District Office Office of New York State Senator Malcolm A. Smith

205-19 Linden Boulevard

St. Albans, NY 11412

Tel: (718) 528-4290 / Fax: (718) 528-4898

Albany Office Office of New York State Senator Malcolm A. Smith

909 Legislative Office Building

Albany, NY 12247

Tel: (518) 455-2701 / Fax: (518) 455-2816

Majority Leader's Office Office of New York State Senator Malcolm A. Smith

250 Broadway, Suite 1930

New York, NY 10007

Tel: (212) 298-5585 / Fax: (212) 298-5605

Email address: [email protected]

Senator Antoine Thompson

Chair Environmental Conservation Committee

District Office

Office of New York State Senator Antoine M.

Thompson

Walter J. Mahoney State Office Building

65 Court Street, Room 213

Buffalo, New York 14202

P: 716-854-8705

F: 716-854-3051

Albany Office

Office of New York State Senator Antoine M.

Thompson

Legislative Office Building, Room 902

Albany, New York 12247

P: 518-455-3371

F: 518-426-6969







29


Senator Darrel Aubertine

Chair Agriculture Committee, Transportation

District Office 317 Washington Street

4th Floor

Watertown, NY 13601

315-782-3418 (office) / 315-782-6357 (fax)

Albany Office 903 Legislative Office Building


518-455-2761 (office) / 518-426-6946 (fax)

Oswego Satellite Office SUNY Oswego


Senator Tom Libous

Committee on Transportation, Energy

Albany Office 413 State Capitol Building


518-455-2677

District Office 1607 State Office Building

44 Hawley Street


Broome: (607) 773-8771

Tioga: (607) 687-3399

Chenango: (607) 336-3401


Senator Cathy Young

Committee on Agriculture, Environmental Conservation

Albany Office Room 513 Legislative Office Building


(518) 455-3563

(518) 426-6905 (fax)

District Office Westgate Plaza 700 W. State Street

Olean, New York 14760

(716) 372-4901

Toll free @ 1-800-707-0058

(716) 372-5740 (fax)


Senator Velmanette Montgomery

Committee on Agriculture, Finance, Education

District Office 30 Third Avenue, Room 1100, 11th Fl.

Brooklyn, NY 11217

Tel: (718) 643-6140

Fax: (718) 237-4137

Albany Office 711 Legislative Office Building

Albany, NY 12247

Tel: (518) 455-3451

Fax: (518) 426-6854


State Assembly

Assemblyman Sheldon Silver

Speaker of Assembly, Chair of Assembly Rules

Committee

District Office

250 Broadway

Suite 2307

New York, NY 10007

212-312-1420

Albany Office

LOB 932

Albany, NY 12248

Assemblyman Robert Sweeney

Chair Environmental Conservation Committee

District Office

640 West Montauk Highway

Lindenhurst, NY 11757-3708

631-957-2087

Albany Office

LOB 625

Albany, NY 12248

518-455-5787






30


518-455-3791

[email protected]

[email protected]

Assemblyman Bill Magee

Chair Agriculture Committee

District Office

214 Farrier Avenue

Oneida, NY 13421

315-361-4125

Oneonta Phone 607-432-1484

Albany Office

LOB 828

Albany, NY 12248

518-455-4807

[email protected]

Assemblyman Herman Farrell

Chair of Ways & Means, member Rules Committee

District Office

2541-55 Adam Clayton

Powell Jr. Blvd.

New York, NY 10039

212-234-1430

District Office

751 West 183rd Street

New York, NY 10033

212-568-2828

Albany Office

LOB 923

Albany, NY 12248

518-455-5491

[email protected]

Assemblyman Jose Rivera

Chair Farm, Food Nutrition

District Office

One Fordham Plaza

Suite 1008 10th Floor

Bronx, NY 10458

718-933-2204

Albany Office

LOB 536

Albany, NY 12248

518-455-5414

[email protected]

Assemblyman Felix Ortiz

Chair Alcohol, Drug Abuse, Economic

Development

District Office

404 55th Street

Brooklyn, NY 11220

718-492-6334

Albany Office

LOB 826

Albany, NY 12248

518-455-3821

[email protected]





31


Assemblyman Michael Benedetto

Committee on Agriculture

District Office

177 Dreiser Loop, Rm. 12

Bronx, NY 10475

718-320-2220

District Office

3602 E. Tremont Ave.

Suite 201

Bronx, NY 10465

718-892-2235

Albany Office

LOB 602

Albany, NY 12248

518-455-5296

[email protected]

Assemblyman Gary Finch

Committee on Agriculture, Energy, Economic Dev,

Environment

District Office

69 South Street

Auburn, NY 13021

315-255-3045

Albany Office

LOB 320

Albany, NY 12248

518-455-5878

[email protected]

Assemblywoman Donna Lupardo

Committee on Transportation, Environmental

Conservation

District Office

Binghamton State Office Building

17th Floor


607-723-9047

Albany Office

Room 557

Legislative Office Building

Albany, NY 12248

518-455-5431

[email protected]

Assemblywoman Rhoda Jacobs

Assistant Speaker, Committee on Ways & Means

District Office

2294 Nostrand Avenue

Brooklyn, NY 11210

718-434-0446

Albany Office

LOB 736

Albany, NY 12248

518-455-5385

[email protected]

Municipal / County Coordination on Notification of Brine or

Fracturing Liquid Injection in the Marcellus Shale

This issue will evolve over time with the regulatory climate and the development of the natural gas

industry. Further processes and issues will arise with regards to this topic. Currently, the County Soil and

Water Conservation District, the GIS department, and the Tioga County Planning Director should be

notified about actions pertaining to proposed injections of brine or fracturing liquids into the ground.




32



33

Chapter 4: Environment


W R


34



35



Introduction

The purpose of this section is to identify the potential environmental problems of unconventional gas

drilling and present methods of mitigating these problems. These methods include safeguards, procedures,

and guidelines that are designed to shield the citizens of Tioga County from unnecessary nuisances

associated with the increased industrial activity.

Included in this section is an overview of various tools and methods that municipalities can use,

including: a model noise ordinance, a model light ordinance, resources for municipalities on surface

operation standards and guidelines for oil and gas exploration and development, and natural areas that can

be considered as potential Critical Environmental Areas (CEAs).

Contained Within This chapter:

Noise Mitigation and Model Noise Ordinance

Effective Lighting Principles

Model Light Ordinance

◦ For Municipalities without zoning regulations in place

◦ For municipalities that already have zoning regulations

Description of Critical Environmental Areas (CEAs)

List of Potential Critical Environmental Areas

Noise Mitigation

Introduction:

Noise impacts human health in a variety of ways. Noise pollution is defined as any sound that is

―unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or

diminishes one’s quality of life‖ (EPA). Noise pollution can result in annoyances and complaints by

residents and users in adjacent properties to the noise source, while in extreme cases, it can result in

hearing loss, sleep disruption, speech interference, and high blood pressure. Therefore, it is important to

have measures in place to mitigate the impacts of noise on citizens.


36


Figure 4.1: Examples of noises in decibels.

Effects of Noise on Human Hearing:

Prolonged exposure at 90 dB can result in permanently damaged auditory nerves 120 dB can

cause pain and ringing in the ear

At 140 dB, subject will experience sharp pain and extensive destruction of the auditory nerves

At 150 – 160 dB the massive destruction of the auditory nerves and persistent ringing in the ears

will occur immediately

General Principles for Noise Mitigation:

Reduce noise frequency

Reduce noise duration

Reduce noise sound pressure levels


37


Suggestions for Noise Mitigation:

Replace back-up beepers on machinery with strobe lights

Use appropriate mufflers

Modify machinery by using noise control covers, plastic liners, dampening plates, and pads on

metal surfaces

Limit and specify the number of hours/days of operation

Limit industrial activity to normal work day hours

Increase noise setback distance

Move processing equipment further from the receptors

If possible, substitute for quieter equipment

Ensure equipment is regularly maintained

Enclose processing equipment in buildings

Erect sound barriers

Phase operations to preserve natural barriers (ex. trees)

Design Principles to Consider when Constructing Noise Barriers:

Illustrations of Good Noise Barrier Designs:

VS.

Figure 4.2.1: The addition of vertical elements to a noise barrier can break up strong horizontal lines,

lending to more visual balance (http://www.fhwa.dot.gov/environment/visql/visql04.htm).

http://www.fhwa.dot.gov/environment/visql/visql04.htm


38


Illustrations of Bad Noise Barrier Designs:

Figure 4.2.2: Tunnel effect of a high wall. Avoid long straight lines because it gives a feeling of

monotony and makes a wall seem longer than it actually is. High walls adjacent to a road also tend to

create anxiety in drivers; they slow down and unconsciously attempt to move away from the wall.

Figure 4.2.3: High, straight walls give a sense of forced enclosure

(http://www.fhwa.dot.gov/environment/visql/visql04.htm).



39


Figure 4.3: An aesthetically pleasing vegetative noise barriers. Some noise barriers can allow you to plant

directly in the wall (http://www.paisotec.com/MiniWeb/RockDelta/noise_barriers.htm;

http://www.coirwall.com/images/noisebarrier1.jpg;

http://www.coirwall.com/images/P4260009%20(Small).JPG; http://www.fao.org/forestry/13701-1-0.jpg).

http://www.paisotec.com/MiniWeb/RockDelta/noise_barriers.htm

http://www.coirwall.com/images/noisebarrier1.jpg

http://www.coirwall.com/images/P4260009%20(Small).JPG

http://www.fao.org/forestry/13701-1-0.jpg


40


Figure 4.4: Gabions, which are wire baskets filled with stones, are quite popular as sound barriers

because of their natural appearance. These sound barriers are also quite easy to maintain and durable

(http://www.maccaferri-northamerica.com/images/sce/gabion_rw2_l.jpg).

Examples of Industrial Noise Absorbers for Compressor Stations, Pipelines, and Ancillary

Facilities:

Figure 4.5: Industrial quilted fiberglass absorbers prevent noise from ―bouncing‖ up over the enclosure

(http://www.soundseal.com/barricade/barricade-community-noise.shtml).

Measurement of Noises from Construction or Industrial Activities:

1) The measurement location and time period for measuring construction/industrial activity noise should

be the same as those used in background or pre-construction noise levels.

2) Depending on the ordinance or noise regulation of a particular municipality, noise measurements

usually take place in exterior locations and under the following conditions:

i. At the property line closest to the construction or industrial activity;

http://www.maccaferri-northamerica.com/images/sce/gabion_rw2_l.jpg

http://www.soundseal.com/barricade/barricade-community-noise.shtml


41


ii. At a residence or other sensitive receptor; and

iii. At the point of closest frequent human activity.\

3) If there is a high concentration of activity, it would be a good idea to measure the noise levels

throughout the entire operation.

4) Noise levels and ranges for stationary and mobile equipment can be found here:

http://www.fhwa.dot.gov/environment/noise/handbook/09.htm

Suggested Sound Mitigation Companies:

ATCO Structures & Logistics: http://www.atconoise.com/default.html

A review of projects undertaken by ATCO for sound mitigation in the oil and gas industry:

http://www.atconoise.com/project_examples/oil_gas.html

Sound Seal: http://www.soundseal.com/barricade/barricade-index.shtml

Useful guide for products associated with different noise problems: http://www.soundseal.com/search-by-

noise-problems.shtml

Report on soundproofing an oil/gas site in Tennessee: http://www.soundseal.com/pdfs/TennGas.pdf

Sound Seal is a suggested vender for the city of New York: http://www.soundseal.com/barricade/ny-

guidance-sheet.shtml

Ono Sokki: http://www.onosokki.co.jp/English/english.htm

Integrating Sound Level Meter:

http://www.onosokki.co.jp/English/hp_e/products/keisoku/s_v/la1400_4400.html

Model Noise Ordinance

Drawing from existing noise ordinances that are implemented in Tioga County (specifically Newark

Valley, Owego, and Barton) and other counties (Tompkins County), a draft model noise ordinance that

can be adopted by municipalities countywide is included below. A summary of the sources that have been

consulted on drafting this model noise ordinance can be found in the "References" section, under sub-

heading "Sources Consulted for Model Noise Ordinance" of this Binder.

Title

This chapter shall be known as the ―Noise Control Ordinance of [municipality]‖

Findings


http://www.atconoise.com/default.html

http://www.atconoise.com/project_examples/oil_gas.html

http://www.soundseal.com/barricade/barricade-index.shtml

http://www.soundseal.com/search-by-noise-problems.shtml

http://www.soundseal.com/search-by-noise-problems.shtml

http://www.soundseal.com/pdfs/TennGas.pdf

http://www.soundseal.com/barricade/ny-guidance-sheet.shtml



http://www.onosokki.co.jp/English/english.htm

http://www.onosokki.co.jp/English/hp_e/products/keisoku/s_v/la1400_4400.html


42


It is found and declared that:

A. The making, creating or maintaining of such loud or unreasonably intrusive noises is a detriment to the

health, comfort, convenience, safety, welfare and prosperity of the residents of the [municipality].

B. The purpose of this chapter is to preserve the public health, peace, comfort, repose, welfare, safety and

good order by suppressing the making, creating, or maintaining of such loud or unreasonably intrusive

noises, which are detrimental to the environment.

C. It is hereby declared as a matter of legislative determination and public policy that the provisions and

prohibitions hereinafter contained and enacted are in the public interest and in pursuance of and for the

purpose of securing and promoting the health, comfort, convenience, safety, welfare and prosperity of the

residents of the [municipality].

Definitions:

DECIBEL (dB) – A unit for measuring the volume of sound, equal to 20 times the logarithm to the base

10 of the ratio of the sound pressure of 20 micronewtons per square meter.

LOUD NOISE - Any sound which produces a sound level of 70 decibels or more as measured on the A

scale of a standard sound-level meter having characteristics defined by the American National Standards

Institute specifications for sound level meters S1.4-1971, as amended, said sound level being measured by

a microphone placed no closer than a distance of 50 feet plus or minus five feet from any property line of

the premises on which the sound occurs.

SOUND DEVICE – Any apparatus or device for the making, reproducing or amplification of the human

voice or other sounds, including but not limited to [insert other sound devices].

UNREASONABLY INTRUSIVE NOISE – Any sound that either annoys, disturbs, injures or endangers

the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities under the

circumstances. Any prolonged sound that is excessive, unnecessary, unnatural or unusually loud, in their

time, place, and use.

Unreasonably intrusive noise prohibited

A. No person shall intentionally cause public inconvenience, annoyance, alarm, or recklessly create a risk

thereof, by making unreasonably intrusive noise or by causing unreasonable intrusive noise to be made.

B. The factors to be considered in determining whether a noise is an unreasonably intrusive noise which

constitutes a prohibited noise shall include, but not be limited to, one or more of the following:

1. The volume of the noise.

2. The intensity of the noise.

3. Whether the nature of the noise is usual or unusual.

4. Whether the origin of the noise is natural or unnatural.


43


5. The volume and intensity of the background noise, if any.

6. The proximity of the noise to residential sleeping facilities.

7. The nature and the zoning district of the area within which the noise emanates.

8. The time of day or night the noise occurs.

9. The time duration of the noise.

10. Whether the noise is temporary.

11. Whether the noise is continuous or impulsive.

12. The existence of complaints concerning the noise from one or more persons who are affected by the

noise.

Enumeration of unreasonably intrusive noises

A. Horns, signaling devices, etc: The sounding of any horn or signaling device on any automobile,

motorcycle, bus, truck, or other vehicle while stationary except as a danger signal or warning signal; the

sounding of any such horn or signaling device for an unnecessary period of time.

B. Yelling: Yelling, shouting, crying, hooting, whistling or singing between the hours of 11:00 p.m. and

9:00 a.m., prevailing time, in, on, near or adjacent to any public street, road, park or residential place in

the [municipality], so as to be distinctly audible [insert decibels] upon any such street, park or

residential place in the [municipality].

C. Sound devices at night: The using or operating of (or permitting to be played, used or operated) any

sound device between the hours of 11:00 p.m. and 9:00 a.m., prevailing time, in such a manner as to be

plainly audible at a distance of 50 feet [or can be put in decibels] from any property line of the

premises on which sound occurs.

D. Sound devices in public places: The using or operating of (or permitting to be played, used or

operated) any sound device for commercial, business, or industrial purposes at any time or for any

purpose between the hours of 11:00 p.m. and 9:00 a.m., prevailing time, in, on, near or adjacent to any

public street, park or residential place in the [municipality] so as to be distinctly audible upon any such

street, park or residential place in the [municipality].

E. Exhausts: The discharge into the open air of the exhaust of any device, including but not limited to any

steam engine, motor vehicle engine, or stationary internal combustion engine, except through a muffler or

other device which will effectively prevent loud or explosive noises there from.

F. Heavy machinery: The operation of compressors, pumps and generators between the hours of 11:00

p.m. and 9:00 a.m., prevailing time, on private property closer than 200 feet to any residences (except the


44


residence of the owner or operator thereof or any residences to which the owner or operator thereof may

be invited).

G. Construction work, including but not limited to building, repairing, blasting, grading, leveling and

excavating, during the hours between 11:00 p.m. and 9:00 a.m. every day of the week.

H. Heavy trucks: The operation of loading trucks, forklifts, front end loaders, and heavy trucks between

the hours of 11:00 p.m. and 9:00 a.m. on municipal roads is prohibited.

I. Noise in conduct of business: The creation of noise exceeding [input decibels] within [insert

appropriate distance] of schools, institutions or residential areas, in the operation, conduct and/or

maintenance of any business, factory, plant, yard or manufacturing establishment, including excavating,

blasting (where permitted), grinding, breaking, crushing or processing of any substance or materials.

Methods of measurement

The measurement of any sound or noise shall be made with a sound-level meter using an A-scale decibel

level.

Prohibition

No person shall make, continue or cause or permit to be made or continued in the [municipality] any

loud or unreasonably intrusive noise.

Exceptions

[Each town/village should decide on their exceptions to this rule]

A. Sounds created by any government agency or railroad agency by the use of public warning devices are

exempted from the limitations of this chapter.

B. Sounds connected with emergency situations are exempted from the limitations of this chapter.

C. Sounds produced by compression release engine brakes on municipal-owned snow removal

equipment.

Penalties for offenses

A. Any person violating any provision of this chapter shall, upon conviction, be punished for a violation

by a fine not exceeding $250, or by imprisonment for a term not exceeding 15 days, or by both such fine

and imprisonment.

B. Each day during which the prohibited activity continues shall constitute a separate violation.


45


Enforcement

A. The provisions of this chapter shall be enforced by the local policing agency [insert municipal police]

or other officials designated by the Town Board of the [municipality].

Penalties for offenses by municipalities that have adopted noise ordinances:

Municipality Penalty

Village of Newark Valley $250, 15 days imprisonment

Town of Barton $1000, 15 days imprisonment

Owego $250, 15 days imprisonment

Effective Lighting Principles

Introduction:

Lighting is integral to our everyday activities. It is crucial for providing safety by illuminating dark areas.

However, bad lighting affects is against our efforts to conserve energy, protect wildlife in their natural

habitat, maintain property values, and preserve the dark night sky.

Specific types of light pollution include:

1) Light trespass occurs when unwanted light spills beyond the boundary of the property on which a

light is located. Put simply, it is bright lighting on an area that would otherwise be dark. Light trespass is

due to high or poorly positioned lights.

Figure 4.6: Light from the luminaire spills over to the rooms of the building

(http://www.darkskysociety.org/images/gallery/tenthstreet.jpg).

http://www.darkskysociety.org/images/gallery/tenthstreet.jpg


46


Figure 4.7: Light that results in disability and discomfort glare

(http://www.kwastronomy.com/images/Kinsley.jpg).

2) Over-illumination occurs when the use of light is well beyond what is required for an activity. For

example, many indoor and outdoor areas have lights on when no people are present. Even though security

is a reason for lighting areas that have vacated people, the lighting used is often excessive for the stated

purpose.

Figure 4.8: Excessive use of light in illuminating areas where no people are present

(http://farm2.static.flickr.com/1068/1074738075_f146872094.jpg).

A good lighting ordinance will enable:

• Energy conservation (i.e. money saved)

• Safety

• Natural resource conservation

• Better neighbor relations

• The retention of the community’s character

• The preservation of the night sky

• The protection of the ecosystem

• The reduction of health risks

Since regulations on lighting are intertwined with zoning, and many municipalities do not have zoning

regulations, two approaches to address lighting issues in regards to gas drilling activities are presented.

Because of the pre-emption clause in the Oil & Gas Act of 1984, local governments cannot specifically

http://www.kwastronomy.com/images/Kinsley.jpg

http://farm2.static.flickr.com/1068/1074738075_f146872094.jpg


47


regulate the activities (such as lighting) related to gas development. Adverse effects of gas companies'

activities can be considered when drafting the lighting principles and model light ordinance.

For Municipalities without Zoning Regulations in Place:

Introduction:

The following are general lighting principles. Light mounting principles can guide developers about

exterior on-site lighting. Complementing the principles is a series of illustrations showing how light

pollution can be mitigated by specific policies that can be implemented by municipalities.

General Principles for Good Lighting

1. Use only the light needed: Identify where and when light is needed. Do not over-light or spill light off

your property. The appropriate amount of light is dependent on the activity: if you are walking on a

sidewalk, even the light of a full moon is sufficient.

2. Aim lights downward by choosing the correct lighting fixtures: Use "full-cutoff shielded" fixtures

that keep light from going uselessly up or sideways. Full-cutoff fixtures produce minimum glare. They

increase safety because people see illuminated area instead of dazzling bulbs.

3. Install fixtures carefully: Careful light placement will target the right area and minimize the light's

impact elsewhere. Most lights are aimed at too high an angle. Try to install outdoor lighting at night, so

you can test to see that it is properly aimed and shielded.

4. Use “shut off” devices such as sensors, timers, and motion detectors: Business lights should turn

off after closing time. Home security lights can be on a motion-detector switch, which saves electricity

and provides deterrents to intruders.

5. Higher mounting heights can often be more effective in controlling spill light: Floodlights with a

narrower beam may be used and aimed in a more downward direction, making it easier to confine the

light to the design area.

6. Lower mounting heights increase the spill light beyond the property boundaries. To illuminate the

space satisfactorily, it is often necessary to use floodlights with a broader beam and to aim the floodlights

in directions closer to the horizontal than would occur when using higher mounting heights.

7. Lower mounting heights make bright parts of the floodlights more visible: Low floodlights risk

light spill and can increase glare.

8. Select the appropriate bulb type: Suggested bulb types are compact fluorescent (2300K) or High

Pressure Sodium.


48


“Good” Lighting versus “Bad” Lighting, Part 1

Figure 4.9: Floodlight at a higher mounting height with narrow beam angle, resulting in less spill light.

Figure 4.9.1: Floodlight at a lower mounting height with wider beam angle, resulting in more spill light.


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Figure 4.9.2: Lights should be shielded to minimize light spill.


50



Figure 4.9.3: Examples of bad lighting.

Figure 4.9.4: Even though these lights seem to be full cut-offs, they contain ―Sag Lens‖ – lens that sags

below the bottom of the fixture – which allows light to be emitted from the horizontal plane (http://aslc-

nm.org/Lighting.html).

http://aslc-nm.org/Lighting.html



51


Figure 4.9.5: Examples of good lighting.

Figure 4.9.6: These ―cobra heads‖ are retrofitted with light shields, turning them into full cut-off lighting

fixtures (http://aslc-nm.org/Lighting.html).



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Examples of Unacceptable vs. Acceptable Luminaires

Figure 4.9.7: More examples of fixtures to be avoided and fixtures that minimize light spill

(http://www.darkskysociety.org/handouts/LightingPlanGuidelines.pdf).

http://www.darkskysociety.org/handouts/LightingPlanGuidelines.pdf


53


How to Modify Existing Fixtures:

Figure 4.9.8: Examples of ways to shield lights to avoid light spill.


54


How Light Fixture Design Affects Light Spill

Figure 4.9.9: Pole-mounted light design and light spill.

Figure 4.9.10: Pole-mounted light design and light spill.


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Model Light Ordinance

For municipalities that already have zoning regulations:

Introduction: The municipalities in Tioga County currently have no light ordinances in place. This model ordinance is

meant to address two concerns:

1) Different levels of regulation and enforcement between municipalities may complicate compliance

with all lighting regulations.

2) Increased commercial and industrial activity in upstate New York may increase the number of lighting

conflicts between neighbors.

Drawing from existing light ordinances that are implemented in other NY State Counties; a model light

ordinance that can be adopted by municipalities county-wide is provided below. A summary of the

sources that were consulted on drafting this model light ordinance can be found in the "References"

section, under sub-heading "Sources Consulted for Model Light Ordinance" of this Binder.

Title

This chapter shall be known as the ―Light Control Ordinance of the [municipality]‖.

Findings

It is found and declared that:

A. The purpose of this law is to provide specific guidelines for site plan applications and standards in

regards to lighting, in order to maximize the effectiveness of site lighting, to avoid unnecessary upward

illumination and illumination of adjacent properties, and to reduce glare.

B. Lighting plans for development activities when unregulated can become obtrusive and impact the

character, safety and quality of life of [municipality]. Obtrusive aspects such as glare, light trespass,

energy waste, and sky glow, can have serious consequences for the public health, safety and welfare.

B. The increase in hazardous road glare and light pollution from private area floodlighting located within

the state right-of-way is a detriment to the health, comfort, convenience, safety, welfare and prosperity of

the residents of the [municipality].

C. It is hereby declared as a matter of legislative determination and public policy that the provisions and

prohibitions hereinafter contained and enacted are in the public interest and in pursuance of and for the

purpose of securing and promoting the health, comfort, convenience, safety, welfare and prosperity of the

residents of the [municipality].

D. All previous language in [municipality] bylaws and ordinances regarding outdoor lighting is replaced

with this ordinance.


56


Definitions

CUT-OFF LUMINAIRE – A luminaire in which 2.5 percent or less of the lamp lumens are emitted

above a horizontal plane through the luminaire's lowest part and ten percent or less of the lamp lumens

are emitted at a vertical angle 80 degrees above the luminaire's lowest point.

DIRECT LIGHT – Light that can be seen directly from the light source and other light-emitting or

reflecting elements of the luminaire.

GLARE – Direct light emitting from a luminaire that causes reduced vision or momentary blindness.

FLOODLIGHT – Any luminaire fitted with a lamp having an output greater than one thousand eight

hundred lumens intended for private area lighting and mounted on a utility pole within the state right-of-

way.

FOOTCANDLE (FC) – The American unit of illuminance (the amount of light falling on a surface). One

footcandle is approximately equal to the illuminance produced by a light source of one candle, measured

on a surface one foot away from the source. Horizontal footcandles measure the illumination striking a

horizontal plane. Footcandle values can be measured directly with certain hand-held incident light meters.

IESNA – Illuminating Engineering Society of North America (IES or IESNA), an organization that

establishes updated standards and illumination guidelines for the lighting industry.

INDIRECT LIGHT – Direct light that has been reflected or has scattered off of other surfaces.

LAMP – The component of the luminaire that produces the actual light.

LIGHT POLLUTION – Night sky glow caused by the scattering of artificial light in the atmosphere.

LIGHT TRESPASS – Light emitted by a luminaire that shines beyond the boundaries of the property on

which the luminaire is located.

LIGHTING – Light produced by man-made sources, including electric lamps, gas lamps, and similar

sources.

LIGHTING ZONE – A designation assigned by [municipality] for specified parcels, areas or districts

within its jurisdictional boundaries defining allowable ambient lighting levels, operational characteristics

and other control criteria.

LUMEN – A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this

ordinance, the lumen-output values shall be the initial lumen output ratings of a lamp.

LUMINAIRE – The complete lighting unit assembly (fixture), consisting of a lamp, or lamps and

ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens,

diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

NEW LIGHTING – Lighting for areas not previously illuminated; newly installed lighting of any type

except for replacement lighting or lighting repairs.


57


OBTRUSIVE LIGHT – Light that produces sky glow, light trespass, glare or other undesirable

environmental impacts.

OUTDOOR LIGHTING FIXTURE –

(a) Any type of fixed or movable lighting equipment that is designed or used for illumination outdoors

and includes:

(I) Area lighting; and

(II) Billboard lighting, street lights, searchlights, and other lighting used for advertising

purposes.

(b) "Outdoor lighting fixture" does not include lighting equipment that is required by law to be installed

on motor vehicles or lighting required for the safe operation of aircraft or watercraft.

PROJECT – Installation of a lighting system under a single electrical permit or for a specific

construction or gas drilling project, multiple permits when required for phased construction or drilling.

UPLIGHTING – Any light source that distributes illumination above a 90-degree horizontal plane.

Placement, height of fixtures, and illumination standards for residential and nonresidential exterior

lighting

A. All exterior lights and illuminated signs shall be designed, located, installed and directed in such a

manner as to prevent objectionable light, direct illumination, or glare across the property lines and glare at

any location on or off the property.

B. Adjacent to residential property, no direct light source will be visible at the property line at ground

level or above.

C. All building lighting for security or aesthetics will be full cut-off or a shielded type, not allowing any

upward distribution of light. Floodlighting is discouraged, and if used, must be shielded to prevent:

1. Glare for drivers or pedestrians

2. Light trespass beyond the property line, and

3. Light above a 90 degree horizontal plane. Wall pack type fixtures are not acceptable.

D. All non-essential lighting will be required to be turned off after business hours, leaving only the

necessary lighting for site security. (―Non-essential‖ can apply to: display, aesthetic, parking and sign

lighting).


58


E. All area exterior lights shall be full cutoff luminaire.

F. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot

luminaire with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light

above a horizontal plane through the lowest direct-light-emitting part of the luminaire.

G. Any luminaire with a lamp or lamps rate at a total of more than 1800 lumens, and all flood or spot

luminaire with a lamp or lamps rated at a total of more than 900 lumens, shall be mounted at a height

equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary.

The maximum height of the luminaire may not exceed [insert proper height].

Prohibitions

A. It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation

or other business entity to install, alter, repair, move, equip, use or maintain any exterior lighting in

violation of any of the provisions of this article, or to fail in any manner to comply with a notice, directive

or order of the Chief Building Inspector of the [municipality].

B. Uplighting is prohibited. Externally lit signs, display, building and aesthetic lighting must be lit from

the top and shine downward. The lighting must be shielded to prevent direct glare and/or light trespass.

The lighting must also be, as much as physically possible, contained to the target area. Internally lighted

signs are acceptable.

C. Unshielded wall packs and floodlights are prohibited.

D. The operation of searchlights or strobe lights is prohibited.

E. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.

Applicability, Non-conforming fixture, Exceptions

A. All exterior lighting, installed, replaced, altered, changed, repaired or relocated after the effective date

of this article shall conform to the provisions established by this article except as provided hereto.

B. No outdoor lighting fixture or use which was lawfully installed on implemented prior to the enactment

of this Code shall be required to be removed or modified. However, no modifications or replacement shall

be made to a non-conforming fixture unless the fixture thereafter conforms to the provisions of this Code,

except that identical lamp replacement is allowed.

C. Vehicular lights and all temporary emergency lighting needed by the fire, ambulance, police

departments or other emergency services are exempt.

D. Holiday exterior lighting. Holiday exterior lighting lit between October 15 and January 15 of the

following year.


59


E. Luminaire for municipal playing fields and new municipal streetlights shall be exempt from the height

restriction, provided all other provisions of this article are met.

F. Upward flagpole lighting is permitted for federal state and local government flags only, and provided

that the maximum lumen output is 1300 lumens. Flags are encouraged to be taken down at sunset to avoid

the need for lighting.

Enforcement

A. Any application submitted to any board, department, division or agency of the [municipality] shall

include exterior lighting plans, luminaire and controls specifications and additional documentation if any

exterior lighting is to be used, showing the following, in order to verify that exterior lighting conforms to

the provisions of this article:

(1) Location of each current and proposed outdoor exterior lighting fixture indicated on a site plan.

(2) Type of luminaire equipment, including cutoff characteristics, indicating manufacturer and model

number.

(3) Lamp source type, lumen output, and wattage.

(4) Mounting height indicated, with distance noted to nearest property line, for each proposed and

existing luminaire.

(5) Shielding and all mounting details, including pole foundation description.

(6) Initial illuminance levels as expressed in foot-candle measurements on a grid of the site showing foot-

candle readings in every five-foot square. The grid shall include light contributions from all sources (i.e.,

pole-mounted lights, wall-mounted lights, and signs, including streetlights).

(7) Statement of the proposed hours when each luminaire will be operated.

(8) Total exterior lighting lamp lumens for proposed property.

(9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the

cutoff characteristics of the luminaire.

(10) Detailed IESNA-formatted photometric data for each fixture at mounting height and lumens

proposed. (Note: This is computer-generated data which is supplied by all manufacturers, describing the

light output of a fixture, upon which lighting plans are based. This will allow the Planning Department to

fully assess the suitability of a fixture in a lighting plan, should they wish to double check the

submission.)

(11) Types of timing devices used to control on/off.

(12) If necessary, documentation by a licensed lighting engineer showing that the provisions can only be

met with a design that does not comply with this article.

B. No exterior lighting shall be installed, replaced, altered, changed, repaired, relocated, enlarged, moved,

improved, or converted unless it conforms to a lighting plan approved by the applicable reviewing board,

department, division or agency of the [municipality].

C. The Chief Building Inspector shall cause a notice of such violation to be served on the owner or person

in possession of the building, structure or lot where said exterior lighting is located or the lessee or tenant

of the part of or of the entire building, structure or lot where said exterior lighting is located requiring

such owner, person in possession, lessee or tenant to remove such illegal exterior lighting within 30 days.

Such notice may be served personally or by certified mail, return receipt requested, and shall notify the

owner, lessee or tenant that the failure to remove said exterior lighting may result in the issuance of an

appearance ticket and/or an action in Supreme Court seeking the removal of said exterior lighting.


60


Penalties

A. Any person or corporation who shall violate any of the provisions of this article, or fail to comply

therewith, or with any of the requirements thereof, or who shall build or alter or use any building or land

in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a

misdemeanor, punishable by a fine not exceed $500 or imprisonment for a period not to exceed 15 days,

or both.

B. Each day's continued violation shall constitute a separate additional violation.

C. The owner or owners or lessee of any building or premises, or part thereof, where anything in violation

of this article shall be placed, or shall exist, and any architect, builder, contractor, agent, person or

corporation employed in connection therewith, and who have assisted in the commission of any such

violation, shall each be guilty of a separate offense and upon conviction thereof, shall be fined as herein

provided.

Municipal Zoning Consideration

Many municipalities within Tioga County lack zoning ordinances; only the Village of Owego and the

Village of Waverly have zoning ordinances in place. Zoning is especially important for municipalities that

wish to mitigate the impacts of increased industrial activity, especially near residential, recreational, or

natural areas. By delineating the spatial boundaries of where certain activities can occur, a zoning

ordinance can help maintain the quality of life for the citizens of that county while ensuring that economic

and industrial developments can take place.

State Forests’ Lease Status

Name of State Forest Has it been leased? By who?

Oakley Corners State Forest Yes Chesapeake

Jenskville State Forest Yes Fortuna

Fairfield State Forest Yes Fortuna

Two River State Forest No -

Andersen Hill State Forest Yes Fortuna

Turkey Hill State Forest No -

Michigan Hill State Forest No -

Robinson Hollow State Forest Yes Chesapeake

Beaver Dam State Forest No -

Ketchumville State Forest Yes Chesapeake

Tracy Creek State Forest Yes Chesapeake

Source: http://www.dec.ny.gov/energy/1677.html

http://www.dec.ny.gov/energy/1677.html


61


Description of Critical Environmental Areas (CEAs)

Introduction

Critical Environmental Areas are designated to protect a region’s natural resources. Identifying CEAs can

aid in distinguishing the most and the least suitable locations for business and development

infrastructures, as well as facilitating effective land-use policies. In particular, the designated CEAs are

important to consider accommodating the fast changes that may occur with unconventional gas drilling

without damaging the existing natural environments: Land uses such as pipelines, man-camps, and access

road can have harmful effects if placed in environmentally sensitive areas. This section includes a list of

potential CEAs, which each municipality can modify as they see fit.

What Are CEAs, and Why Are They Important?

According to the Department of Environmental Conservation (DEC), Critical Environmental Areas are

local or state agency designated areas under subdivision 6 NYCRR 617.14(g) of the State Environmental

Quality Review (SEQR) regulations. Geographical areas that have one or more of the following

characteristics qualify as potential CEAs:

1. A feature that is a benefit or threat to human health (Referred to as HUMAN HEALTH in CEA

criteria below)

2. An exceptional or unique natural setting (Referred to as NATURAL in CEA criteria below)

3. Exceptional or unique social, historic, archaeological, recreational or educational values

(Referred to as SOCIO-CULTURAL in CEA criteria below)

4. An inherent ecological, geological or hydrological sensitivity to change that may be adversely

affected by any physical disturbance (Referred to as HYDROLOGIC in CEA criteria below)

Although CEA designation does not offer the legal protection provided by land use controls such as

zoning, they encourage thorough examination and planning for development. CEA designation serves ―to

alert project sponsors to the agency’s concerns for the resources or dangers contained within the CEA,‖

and to what the community wants to "protect or ensure consideration … in land use decisions.‖

Furthermore, when designated as a CEA, an evaluation of the potential impact of any Type 1 or Unlisted

Action on the environmental characteristics of that particular area is required by the rules defined in

Section 617.7 of SEQR.

Disclaimer about Critical Environmental Areas (CEAs)

The following section contains a list of natural areas that are identified as potential Critical Environmental

Areas (CEAs), based on the criteria outlined by the DEC. CEA serves ―as an avenue to protect or ensure

consideration of the resource in land use decisions‖ (DEC). Designating an area as a CEA serves to

heighten awareness of the area’s importance for the sponsor of the action. Moreover, it can notify the

agency that is reviewing the action of significant concerns related to the site.

http://www.dec.ny.gov/regs/4490.html#18096


62


It is important to note that designating an area as a CEA is not an avenue for development control. Even if

a local or state agency goes through the CEA designation process and is successful in its effort, ―it does

not grant any agency permitting authority, zoning restrictions, or other jurisdictions that did not already

exist before the designation of the CEA‖ (DEC).

Why Consider Natural Areas When Drilling?

Hydro-fracturing is associated with several environmental risks. Areas that are especially susceptible to

these and other risks may be considered for CEA designation.

Below is a simplified list of factors to be considered when evaluating a site’s susceptibility to potential

environmental impacts of hydro-fracturing (dSGEIS 2009).

1) Water Resources

Water withdrawals lead to reduced stream flow and may negatively impact alternative

uses

Impacts to Aquatic Habitat & Ecosystem

Impacts to Downstream Wetlands

2) Surface Spills and Releases around Well Pads

3) Groundwater Impacts Associated With Well Drilling and Construction

Turbidity

Fluids Pumped into the Well

Natural Gas Migration

Hydraulic Fracturing Procedure (Wellbore Failure, Subsurface Pathways)

4) Solids Disposal

5) Ecosystem & Wildlife

6) Air Quality

7) Visual & Noise

8) Community Character

Private Natural Areas of Interest

Mutton Hill Pond – Owego

Description: The pond is a popular fishing area. It contains many rare bog species.

Source: http://newyork.hometownlocator.com/features/countyfeatures,scfips,36107,c,tioga.cfm

http://newyork.hometownlocator.com/features/countyfeatures,scfips,36107,c,tioga.cfm


63


http://newyork.hometownlocator.com/maps/feature-

map,ftc,1,fid,958220,n,mutton%20hill%20pond.cfm#Neighborhoods

Holden Pond – Newark Valley

Description: The pond is a fishing destination.

Source: http://www.fishingworks.com/lakes/new-york/tioga/newark-valley/holden-pond/;

Map: http://www.topozone.com/map.asp?lon=-76.2129863&lat=42.1556298&datum=nad83

Rightmire Pond – Richford Description: The pond is a lake fishing destination.

Source: http://www.fishingworks.com/lakes/new-york/tioga/richford/rightmire-pond/;


Summit Pond – Richford Description: The pond is a lake fishing destination.

Source: http://www.fishingworks.com/lakes/new-york/tioga/richford/summit-pond/;


Empire Lake – Spencer Description: The Lake is a fishing destination.

Source: http://www.fishingworks.com/lakes/new-york/tioga/spencer/empire-lake/

http://www.largemouthbass.com/fishingspots.phtml?spot_id=4064857

http://www.largemouthbass.com/fishingspots.phtml?spot_id=4064857http://www.largemouthbass.com/fis

hingspots.phtml?spot_id=4064857


Hill Top Lake – Spencer Description: The Lake is a fishing destination.

Source: http://www.fishingworks.com/lakes/new-york/tioga/spencer/hill-top-lake/

http://newyork.hometownlocator.com/maps/feature-map,ftc,1,fid,958220,n,mutton%20hill%20pond.cfm#Neighborhoods


http://www.fishingworks.com/lakes/new-york/tioga/newark-valley/holden-pond/

http://www.topozone.com/map.asp?lon=-76.2129863&lat=42.1556298&datum=nad83

http://www.fishingworks.com/lakes/new-york/tioga/richford/rightmire-pond/


http://www.fishingworks.com/lakes/new-york/tioga/richford/summit-pond/


http://www.fishingworks.com/lakes/new-york/tioga/spencer/empire-lake/





http://www.fishingworks.com/lakes/new-york/tioga/spencer/hill-top-lake/


64


List of Potential Critical Environmental Areas

Town of Owego

*Partially in Village of Owego

#1: Hiawatha Island

Description: Resting in the Susquehanna River between Owego and Apalachin, this 112 acre island

contains a variety of wildlife. The site contains ―hundreds of flora and fauna species, including several

listed on the state endangered species listing.‖ In 2006, the DEC declared that a family of bald eagles was

living on the island. Large tree species such as the sugar maple, black walnut, and white ask, can be found

on the island. The property, maintained by the Waterman Conservation Education Center, is now an

education center and wildlife refuge.

Source:

http://www.watermancenter.org/waterman.htm

CEA Criteria: Natural, Socio-cultural, Hydrologic

#2: Apalachin Marsh

Description: Apalachin Marsh is recognized by the New York State Department of Environmental

Conservation as a protected wetland area. This scenic site is home to many species of waterfowl,

shorebirds, songbirds, and mammals and is one of the best bird watching sites in NY State. Hawks,

herons, egrets, wood ducks, mallards, warblers, and other wildlife species visit the marsh each year.

Visitors can access a second pond area of the marsh as well as an old canal bed (located along the east

bound lanes of Route 17) through the expanded trail system.

Source:

http://www.watermancenter.org/apalachin.htm

http://www.visittioga.com/visitors-guide


http://www.watermancenter.org/apalachin.htm



65


CEA Criteria: Natural, Hydrologic

#3: Hickories Park

Description: Hickories Park is witness to the historic peace conference that founded the Iroquois

Confederation in the 1400s. It is also the home of John D. Rockefeller. Currently, many recreational

activities take place within the park, including cross-country skiing along the banks of the Susquehanna

River, horseshoe pitching, boat launching, rental of covered pavilions, camping, and summer outdoor

concerts.

Source:

http://www.visittioga.com/sports-a-recreation/x-c-skiing

http://www.visittioga.com/sports-a-recreation/parks

http://www.tiogacountyny.com/towns_villages/owego.php

http://www.townofowego.com/hickories.htm

CEA Criteria: Natural, Socio-cultural

#4: Tracy Creek State Forest

Description: The state forest, spanning 512 acres, is covered by many species of trees including Northern

Hardwood, Oak, Red Pine, and Norway Spruce. On the southeast boundary of the forest is a 2-acre

wetland, which contains geese, ducks, beaver, herons and other wetland wildlife species. The state forest

also has an extensive informal trail system, ideal for ―hiking, skiing, horseback riding, and mountain

biking.‖

Source:

http://www.visittioga.com/sports-a-recreation/hiking—biking

http://www.dec.ny.gov/lands/8102.html


#5: Waterman Conservation Education Center

Description: The Center includes the Appalachian Marsh (the 50-acre wetland is one of the best birding

sites in NY), Brick Pond (an excellent wildlife-watching site with beavers, muskrats, waterfowl,

shorebirds, and a great variety of songbirds), and Hiawatha Island (112 acre island refuge and 18 acre

mainland Riverfront Park filled with a variety of wildlife).

Source:



CEA Criteria: Natural, Hydrologic

#6: Oakley Corners State Forest

Description: The forest offers 16 miles of trails for hiking, mountain biking and cross-country skiing.

Containing two ponds, the state forest is also an ideal site for bird-watching, hunting, fishing, and boating.

Source:

http://www.visittioga.com/sports-a-recreation/hiking--biking



#7: Holden Pond

Description: This is a popular fishing destination.

Source: http://www.fishingworks.com/lakes/new-york/tioga/newark-valley/holden-pond/;

Map:

http://www.visittioga.com/sports-a-recreation/x-c-skiing


http://www.tiogacountyny.com/towns_villages/owego.php

http://www.townofowego.com/hickories.htm







http://www.fishingworks.com/lakes/new-york/tioga/newark-valley/holden-pond/


66




#8: Mutton Hill Pond

Description: The pond is a popular fishing area.

Source:


http://newyork.hometownlocator.com/maps/feature-

map,ftc,1,fid,958220,n,mutton%20hill%20pond.cfm#Neighborhoods

CEA Criteria: Natural

#9: Owego Creek

Description: The creek is a brown trout habitat.

Source:

http://www.dec.ny.gov/outdoor/23284.html

http://www.tiogacountyny.com/towns_villages/tioga_history.php


#10: Heron Rookery

Description: A historic site identified by SUNY Binghamton.

CEA Criteria: Socio-cultural

#11: Hiawatha Farm

Description: A historic site identified by SUNY Binghamton.


#12: Owego Marsh

Description: Unique area identified by municipality.


#13: Pumpelly Gorge

Description: Unique area identified by municipality.







http://www.tiogacountyny.com/towns_villages/tioga_history.php


67


Village of Owego

#1: Brick Pond Wetland Preserve

Description: This wetland preserve contains ―30 acres of open water surrounded by emergent plants and

a wet woods.‖ This pond, home to beavers, muskrats, waterfowl, shorebirds, and many species of

songbirds, is a great site for wildlife observations. It is also known to be one of New York State’s best

birding sites. It is important to note that the wetland preserve is ―protected against industrial

development…under the [DEC’s] Wetlands Act of 1975.‖

Source:



http://www.watermancenter.org/brickpond.htm


#2: Courthouse Square (Park)

Description: An important public space for local activities and gatherings. Constructed in 1871 and listed

on the National Register of Historic Places, the nearby courthouse serves as a prominent landmark for the

Village of Owego. All village parks are potential CEA sites.

Source:

http://www.tiogacountyny.com/pdfs/government/govtoverview.pdf

http://www.owegopennysaver.com/news/tea-party-movement-rallies-in-owego-1.732056

http://www.owegostrawberryfestival.com/



http://www.watermancenter.org/brickpond.htm


http://www.owegopennysaver.com/news/tea-party-movement-rallies-in-owego-1.732056

http://www.owegostrawberryfestival.com/


68



#3: Ahwaga Park (Mayor’s Park)

Description: This small waterfront park in downtown Owego is a popular recreation area for local

residents. It is also a canoe/kayak launching site. Lastly, the park is the starting point of the Owego River

Walk trail (it passes behind the Riverow under the Susquehanna River Bridge, and continues to the

riverfront Draper Park). All village parks are potential CEA sites.

Source:



http://www.ruralhealthnetwork.org/docs/Trails%20of%20Tioga%20Map.pdf


http://www.villageofowego.com/documents/owego_code.pdf

Map:

http://www.villageofowego.com/riverwalk/Owego-River-Walk-02.23.09.pdf


#4: Evergreen Cemetery

Description: Established in 1851, this historic cemetery contains a Gothic-style memorial chapel. In

2002, the site is listed on the National Register of Historic Places. All village parks are potential CEA

sites.

Source:


http://www.tiogacountyveterans.org/6.html

http://www.nps.gov/history/nr/listings/20020412.htm


#5: Draper Park

Description: The waterfront park is a recreational site for local residents with a two-person swing,

benches, gardens and a view of the Susquehanna River. It is also located near the Owego Central Historic

District. The park is also the ending point of the Owego River Walk. All village parks are potential CEA

sites.

Source:


www.visittioga.com/visitors-guide

http://www.livingplaces.com/NY/Tioga_County/Owego_Village/Owego_Central_Historic_District.html



#6: Hallstead Park

Description: All village parks are potential CEA sites.

Source:



#7: Dave Livingston Memorial Park

Description: This park borders the Owego Creek and has a ball playing field. All village parks are

potential CEA sites.







http://www.villageofowego.com/riverwalk/Owego-River-Walk-02.23.09.pdf


http://www.tiogacountyveterans.org/6.html




http://www.livingplaces.com/NY/Tioga_County/Owego_Village/Owego_Central_Historic_District.html





69





#8: Gerry Boland Memorial Park


Source:



#9: Hyde Park Description: The only medium sized park in Owego, Hyde Park contains baseball fields, a batting cage, a

field house and a small playground. All village parks are potential CEA sites.

Source:




#10: Marvin Park

Description: As Owego’s largest park, Marvin Park has picnic tables, covered pavilions, playgrounds,

playing fields, outdoor swimming pool, tennis courts, and a running track circling the entire area. All

village parks are potential CEA sites.

Source:





#11: Thompson Memorial Park


Source:



#12: Woodlawn Park


Source:














70


Town of Newark Valley

#1: Alexander Park

Description: Developed and donated by Donald M. Alexander in the 1960s, this park currently serves as

an importance space for community groups’ activities.

Source:

http://cornellalumnimagazine.com/index.php?option=com_content&task=view&id=69&Itemid=56&ed=4


#2: Ketchumville State Forest

Description: Located in the Central Appalachians ecological subzone, Ketchumville State Forest provides

a diverse range of habitats. Many species of plants can be found in the area, including the Orange

Hawkweed and the Wild Hydrangea. The park contains no formally-marked trails, but it does provide

visitors the opportunity to hunt, hike, and nature observation.

Source:



Map: http://www.dec.ny.gov/docs/regions_pdf/ketchvll.pdf


#3: Belcher-Holden Farm

Description: This two-storey building is listed in the National Register of Historic Places in 1997.

Source:


http://www.vabeaver.com/nvhs/historiansresources.shtml


#4: Blewer Farm

http://cornellalumnimagazine.com/index.php?option=com_content&task=view&id=69&Itemid=56&ed=4



http://www.dec.ny.gov/docs/regions_pdf/ketchvll.pdf




71


Description: Blewer Farm contains a historical building that was constructed sometime between 1885

and 1900. The site is listed in the National Register of Historic Places in 1998.

Sources:




#5: Daniel Chamberlain House

Description: The historic home is constructed in the Federal, Greek Revival, and Italianate styles. The

site is listed in the National Register of Historic Places in 1997.

Source:

http://www.nps.gov/nr/listings/980102.htm



#6: Farrand-Pierson House

Description: Built in the 1860s, this historic home is demonstrative of the Greek Revival style that

dominated architecture during that era. The site is listed in the National Register of Historic Places in

1997.

Source:




#7: Maple Lawn Farm

Description: The historic home was constructed in the English Baroque architectural style during the

1880s. The site is listed in the National Register of Historic Places in 1997.

Sources:




#8: Morris Clinton House

Description: The house, constructed in 1882, exemplifies the progressive rural architecture of the era.

The site is listed in the National Register of Historic Places in 1998.

Sources:




#9: Wade Farm

Description: Wade Farm contains a historical building that was constructed in 1822. The site is listed in

the National Register of Historic Places in 1997.

Sources:

















72


Village of Newark Valley

#1: Bement Billings Homestead

Description: Listed in the National Registry of Historical Sites, the Bement Billings Homestead serves as

a public space for holding annual activities such as the Apple Festival.

Source:

http://villagenv.com/village-office/history/

http://www.nvhistory.org/bementbillingsfarmstead.shtml


#2: Trout Ponds Park

Description: The park provides a space for annual community events, such as Newark Valley Days. It

contains pavilions, playground, basketball court, and baseball diamonds.

Source:

http://villagenv.com/residents/parks/trout-ponds/



#3: Village Green (Park)

Description: The green has been subject to many beautification projects by the local townspeople. Many

community organizations have used the village green for ―bottle drives and Christmas tree sales, as well

as vendors at events and the occasional small weddings.‖

Source:

http://villagenv.com/residents/parks/village-green/


#4: Flood Control Levee

Description: Important area identified by municipality.

CEA Criteria: Human health

#5: Silk Street Bridge


http://www.nvhistory.org/bementbillingsfarmstead.shtml

http://villagenv.com/residents/parks/trout-ponds/


http://villagenv.com/residents/parks/village-green/


73


Description: A historic lenticular pony truss bridge built in 1888; Silk Street Bridge spans the East

Branch of Owego Creek. The site is listed in the National Register of Historic Places in 1998.

Source:




#6: Knapp House

Description: A two story, frame Colonial Revival style historical residence built in approximately 1905.

The site is listed on the National Register of Historic Places in 1998.

Source: http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=9315


#7: Nowland House

Description:

Constructed in 1868, this two-story house exhibits the Greek Revival and Italianate architectural styles.

The site is listed in the National Register of Historic Places in 1997.

Source:



Town of Richford



http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=9315



74


#1: Beaver Dam State Forest

Description: The Beaver Dam State Forest provides mountain biking opportunities, hunting, and trapping

activities. It ensures a perpetual supply of timber, a diversity of wildlife habitats, and clean water.

Source:



#2: Robinson Hollow State Forest

Description: Encompassing 1,402 acres of land, the Robinson Hollow State Forest extends to the towns

of Richford, Caroline, and Harford. It provides recreational opportunities such as hunting and trapping,

informal camping, and bird watching. Also, the forest is an excellent habitat for many different species of

plants and animals, especially deer, turkey, grouse, raccoon, and fox. The Tri-County pond provides

family fishing opportunities as it is stocked with rainbow trout and largemouth bass. Moreover, the forest

has about 3 miles of marked snowmobile trial and about 2.5 miles of the Finger Lakes Hiking Trails.

Source:



#3: Michigan Hill State Forest

Description: Encompasses 1,209 acres of land in the town of Richford. It is provides a landscape with

various tree types, including oak, red pine, and spruce. Also, the forest is a critical habitat for a suite of

birds, including the ruffed grouse, American woodcock, white-throated sparrow, American goldfinch,

chestnut sided warbler, yellow warbler, blue-winged warbler, and so on. In addition, approximately 45

acres are maintained as grassland and pheasants are released on a yearly basis. Furthermore, mammals

such as the red fox, gray fox, white tailed deer, eastern cottontail, woodland vole, and the meadow

jumping mouse can all be found within the early forest habitat. There are also 42 species of reptiles and

amphibians confirmed or predicted in the area.

Source:



#4: Turkey Hill State Forest Description: Encompasses 1,108 acres of land in the town of Richford and Berkshire in the northeastern

tip of Tioga County. The landscape and the recreational opportunities that are provided are very similar to

that of the Michigan Hill State Forest. Yet, it also provides 1.0 mile of snowmobile trails.

Source:



#5: Anderson Hill State Forest

Description: This State Forest encompasses 554 acres of completely forested land. The park provides

habitats for many different species of birds, amphibians, and mammals such as the Acadian flycatcher,

American woodcock, cerulean warbler, scarlet tanager, spotted salamander, grey tree frog, white tailed

deer, and little brown bat. Furthermore, Andersen Hill is a hunting, trapping, fishing, hiking, and

snowmobiling destination. A cooperative fishing access site developed by the DEC and the Tioga County

Soil and Water Conservation District (SWCD) provides public access to the West Branch of Owego

Creek; the West Branch is stocked with over 5,000 brown trout annually. The forest has a marked

snowmobile trail about 0.5 miles in length.

Source:






75





#6: Finger Lake Trails Description: A footpath for hikers which stretches 560 miles from the Pennsylvania/ New York border in

Allegany State Park to the Long Path in the Catskill Forest Preserve. It is part of the North Country

National Scenic Trail, which is a much larger trail system that extends half way across the continent. The

trail provides access to unique natural areas and rugged gorges.

Source:


http://vacation.away.com/attractions/travel-ad-cid8986-finger-lakes-national-forestattid295567-finger-

lakes-trail-attraction.html


#7: Tri-County Pond

Description: This 1.7 acres pond is located at the intersection of Cortland, Tioga, and Tompkins County

lines. It is a rainbow trout habitat, and provides trout and panfish fishing. It is also an ideal ice fishing

location.

Source:




#8: West Branch Owego Creek Description: There are 1.6 miles of Public Fishing Rights (PFR’s) along this creek. Both wild brown trout

and the occasional wild brook trout can be caught in the creek. Every year, around 5,000 one year-brown

trout (8-10‖) and 650 two year-old brown trout (12-15‖) is stocked in the creek.

Source:

http://www.dec.ny.gov/docs/fish_marine_pdf/r7wbowepfr.pdf


Town of Barton

*Partially in Village of Waverly




http://vacation.away.com/attractions/travel-ad-cid8986-finger-lakes-national-forestattid295567-finger-lakes-trail-attraction.html

http://vacation.away.com/attractions/travel-ad-cid8986-finger-lakes-national-forestattid295567-finger-lakes-trail-attraction.html



http://www.dec.ny.gov/docs/fish_marine_pdf/r7wbowepfr.pdf


76


#1: Two River State Park

Description: Located on a plateau overlooking the confluence of the Chemung and Susquehanna rivers in

Waverly, the Two River state Park contains mixed woods with spruce, hemlock, white pine, scots pine,

dogwood, and oaks. Because of its fragile habitat, the park provides limited recreational activities such as

cross-country skiing, canoeing/kayaking, hiking, birding, photography, and picnicking.

Source: http://www.ilovethefingerlakes.com/recreation/stateparks-tworivers.htm


#2: Carantouan Greenway Description: Provides on-road and woodlands biking and hiking, bird watching and boating along the

complex of trails following the Susquehanna and Chemung Rivers in the Penn-York Valley.

Source:

http://www.vacationfun.com/ebrochures/TiogaCounty/TiogaCnty.pdf


#3: Cayuta Creek

Description: Also known locally as Shepherds Creek. It flows southeast through northeastern Chemung

County and eventually joins the Susquehanna River. The creek contains primarily brown trout, thus

providing excellent trout fishing opportunities.

Source:

http://www.dec.ny.gov/docs/fish_marine_pdf/pfrcayutack.pdf


#4: Waverly Glen Park Description: Waverly Glen Park provides family recreational opportunities. It contains picnic areas,

basketball court, two tennis courts, children’s gym equipment, covered pavilions, water taps and barbeque

fireplaces. The park is also well known for its single-track mountain bike trail.

Source:

http://www.visittioga.com/sports-a-recreation/parks/34-waverly-glen


#5: East Waverly Park

Description: Historic area identified by municipality.

Source: CEA Criteria: Socio-cultural

#6: Wildwood Sanctuary

Description: Natural area identified by municipality.

Source: CEA Criteria: Natural

http://www.ilovethefingerlakes.com/recreation/stateparks-tworivers.htm


http://www.dec.ny.gov/docs/fish_marine_pdf/pfrcayutack.pdf

http://www.visittioga.com/sports-a-recreation/parks/34-waverly-glen


77


Village of Waverly

#1: Forbidden Path

Description: A hiking path that starts along the old trolley tracks and ends at the Carantouan (now called

Spanish Hill) Spring. It is also a historic Andaste Indian site.

Source:




#2: Grace Episcopal Church

Description: The site is listed on the National Register of Historic Places in 2000.

Source:



#3: U.S. Post Office Waverly

Description: Listed on the National Register of Historic Places in 1988.

Source:



#4: Waverly Junior and Senior High School

Description: The site is listed on the National Register of Historic Places in 1997.

Source:



#5: Waverly Village Hall

Description: Well known for its Queen Anne style bell tower, it is listed on the National Register of

Historic Places in 2003.

Source:







78




Town of Tioga

#1: Ransom Park

Description: A public park that hosts many community picnics and annual Pipe Creek Parade.

Source:

http://www.tiogacountyny.com/towns_villages/tioga.php


#2: Brinks Woods



#3: Buttermilk Falls



#4: Neiger Hollow



#5: the Narrows (Susquehanna River)

Description: Area of hydrological importance identified by municipality.

CEA Criteria: Hydrologic

Town of Candor


http://www.tiogacountyny.com/towns_villages/tioga.php


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#1: Fairfield State Forest

Description: Encompassing 815 acres of land, the Fairfield State Forest lies within the Central

Appalachians ecological subzone. The forest contains many species of trees, including oaks, hardwoods,

and hemlocks. There are also various plant types, such as tree clubmoss, painted trillium, and Christmas

fern. Furthermore, it provides habitats for diverse wildlife species including mammals, reptiles,

amphibians, and birds. In terms of recreational opportunities, the forest offers approximately 1 mile of

formal snowmobile trails. In addition, visitors can use the informal trails and old farm lanes that are found

throughout the State Forest.

Source:



#2: Willseyville Marsh



Village of Candor

#1: John W. McCarty House

Description: This historic home is built in the Italianate style. The site is listed in the National Register of

Historic Places in 2001.

Source:



Town of Berkshire

#1: Jenksville State Forest

Description: Encompassing 1349 acres of land in the towns of Berkshire and Newark Valley in

northeastern Tioga County, Jenksville State Forest provides recreational areas for hunting, fishing, bird-

watching, snowshoeing, and trapping. Moreover, the forest’s trail system is designed to offer family-based

recreation for hiking, mountain biking, horseback riding, and cross-country skiing.

Source:




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Town of Spencer

#1: Spencer Lake

Description: A glacially carved, 100-acre spring and creek-fed lake. In the headwaters of the Catatonk

Creek Watershed, the lake property includes five small islands. There are 75 acres of forest and fields that

abut the lake and it provides recreational opportunities such as camping, canoeing, swimming, and

fishing.

Source: http://www.u-s-c.org/html/SpencerLakeproposal.htm


#2: Empire Lake Description: Located approximately 9.7 miles from Owego, near Halsey Valley. It is a popular area for

fishing Atlantic salmon, pumpkinseed and yellow bass.

Source:

http://www.hookandbullet.com/fishing-empire-lake-owego-ny/


#3: Hill Top Lake Description: This lake is a popular fishing site.

Source:

http://www.fishingworks.com/lakes/new-york/tioga/spencer/hill-top-lake/#fc


#4: Spencer Van Etten Marsh



#5: North Spencer Swamp


http://www.u-s-c.org/html/SpencerLakeproposal.htm

http://www.hookandbullet.com/fishing-empire-lake-owego-ny/

http://www.fishingworks.com/lakes/new-york/tioga/spencer/hill-top-lake/#fc


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#6: Plykas & Pelto Dams (Part of Dean Creek Flood Control Project)



Village of Spencer

#1: Nichols Park

Description: An excellent picnic area for the local residents. It hosts the annual Spencer Picnic, the

summer ―Music in the Park‖ series of concerts and many other events.

Source:

http://www.visittioga.com/sports-a-recreation/parks/37-nichols-park


Village of Nichols

#1: Kirby Park

Description: The only medium sized park in Nichols, Kirby Park offers various recreational facilities,

such as playgrounds, picnic pavilions, and basketball and tennis courts.

Source:



#2: Nichols High School

Description: Built between 1911 and 1912, the Nichols High School is designed in the Tudor Revival

architectural style. The site is listed in the National Register of Historic Places in 1996.

Source:



http://www.visittioga.com/sports-a-recreation/parks/37-nichols-park


http://en.wikipedia.org/wiki/National_Register_of_Historic_Places



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Cross Municipalities

#1: Susquehanna River

Description: Refer to the Water Quality Section.

Source: Refer to the Water Quality Section.

CEA Criteria: Human health, Natural, Socio-cultural, Hydrologic


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Map Analysis


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Description: Land Use by Type, Tioga County, NY

As seen from the land use map, Tioga County is primarily a rural community with many farmlands.

Therefore the majority of the county residents have significant cultural and economic ties with its natural

areas, not simply through farming but by providing hunting areas, bird observation sites, and farm tours to

tourists. Moreover, many recreational opportunities are available in natural areas, such as hiking trails in

parks, along streams and the Susquehanna River, and in historic areas. These direct and indirect

economic and social values of the landscape are important factors to consider with regards to land use and

industrial development. The following list of the potential CEAs are chosen and ranked according to the

number of local needs that each area satisfies. Such information should aid the municipalities in deciding

which natural areas are most critical to their health and welfare, and therefore are worthy of CEA

designation or other means of protection.


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87



88



89


Description: Map of Areas Least Suitable for Development & Natural Gas Drilling in Tioga

County, New York

To derive the areas that are least suitable for development and natural gas drilling, a suitability

analysis was done using ArcGIS. The areas used for the analysis were parks, ponds, marshes, the

Susquehanna River, wetlands, streams, aquifers, public water wells, hunting areas, bird observation areas,

and cemeteries/historic areas. Parks, ponds, marshes, and Susquehanna River were ranked the highest as

they are the major sources of vegetation, water, and recreation to the county residents. The wetlands and

streams, although their individual sizes are small, were chosen to be the next highest ranked because they

are uniformly spread out through the entire county. Aquifers and public water wells were ranked next

based on the assumption that they are less likely to get contaminated when the Susquehanna River,

wetlands, and streams are protected. The hunting areas and bird observation areas are ranked next as

many of the areas already overlap with parks, ponds, and marshes. Finally, since our focus is on helping

define potential CEAs, cemeteries and historic areas were ranked next. Although cemeteries and historic

areas are important to consider, they were ranked as lowest as they are not natural areas with unique

ecosystems.

After ranking the areas of importance, the distances to each area were again ranked on a scale

from 1 to 10, 1 being the farthest distance from the areas and 10 being the closest distance to the areas

because it is preferable that drilling sites are as far away from these areas as possible. Then each site was

weighted according to a percentage of influence, which resulted in a single ranking scale from 1 to 10, 1

being the least naturally sensitive areas and 10 being the most naturally sensitive areas. Lastly, since our

purpose is to show the most naturally sensitive areas, which are areas that are least suitable for

development and gas drilling, the ranking was narrowed down to two areas: least suitable (unsuitable) and

the most least suitable (highly unsuitable). Please note, the ranking and the percentage of influence of

each area can be changed to suit the needs of the county residents.


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91


Map of Major Sources of Water Supply of Tioga County, New York

The major sources of the residential water supply were derived from a suitability analysis. The

same process as the previous map was taken but with only two areas: aquifers and public water wells.

Although aquifers and public water wells are not designated as natural areas, they were critically

considered because of their direct influence on the health of the county residents. As aquifers and public

water wells were seen as equally important, the percentage of influence was given 50/50. However, this

can be changed according to the needs of the county residents.


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Description: An Example of Using the Suitability Maps

By overlaying the suitability maps with the potential drilling sites, one can see that the locations of many

permitted vertical wells are near the suitable areas for development in the southeast part of the County

("suitable" meaning this area lacks a concentrated number of sensitive environmental areas). However, if

the pattern of hydrofracturing activities continues to move northward from Pennsylvania, as the maps

suggest, drilling companies will get closer to the drinking water supply areas and other sensitive areas.

Designating such areas as "Critical Environmental Areas" can help protect these resources on behalf of

the community and County.

Note: ―Potential Drilling Sites‖ on the map are the permitted vertical drill pad sites as of spring, 2010.


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Chapter 5: Water Quality


W R


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Introduction

The purpose of this chapter is to provide an overview of gas development-related water quality issues

within New York State and to provide information and resources specific to water quality planning for

municipalities in Tioga County. Gas drilling brings with it a number of new concerns about water quality.

The processes that local governments undergo in preparation for gas drilling will be relevant to other

types of industrial development and the general health and safety of the community. Municipalities can

better address water quality and safety concerns by understanding the state and federal water resource

regulations and by establishing proactive plans for water protection. A summary of the relevant regulatory

structure is included in Chapter 3.

This chapter contains a general description of the fracturing fluid, including a list of chemical additives.

As of spring 2010, current legislation makes it impossible to know what specific chemicals are used at a

given site. Nonetheless, this chapter includes a list of suggested water quality parameters for baseline

water quality tests. It is critical that municipalities perform these baseline tests in the case of wellhead or

aquifer contamination. Without baselines, establishing liability for contamination is difficult.

A wellhead protection plan will help municipalities prepare for the impacts of gas drilling. Wellhead

protection plans are proactive, comprehensive strategies that can address all of the threats to safe drinking

water, including gas drilling. The steps in designing the plan are laid out in this chapter, including

performing a water resource inventory, performing a risk assessment, and implementing the plan. The

chapter includes a model wellhead protection ordinance that can be adapted to suit the needs of towns and

villages. The chapter ends with a brief discussion of best management practices to help municipalities

work with the industry to mitigate potential hazards to water quality.

Included in this chapter:

Chemicals associated with hydro-fracturing

Water testing

Aquifers and water sources

Wellhead protection ordinance

Best industry practices


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Chemicals Used in Hydro-fracturing

Description of hydro-fracturing fluid

Hydro-fracturing fluids are pumped into wells at extremely high pressure to create fractures in the rock,

through which gas can flow.

The types of chemical additives used during the fracturing process are dependent on the specific geology

of a particular region and the depth of the Marcellus Shale from the surface. As of spring 2010, the list of

the site-specific chemicals that will be included in fracturing fluid for drilling activities in Tioga County is

not available. Hydro-fracturing fluid is exempted from the Safe Drinking Water Act according to a

provision put into the Act in 2005, so drilling companies are not required to disclose a list of site-specific

chemicals used in fracturing fluid. In 2009, the Fracturing Responsibility and Awareness of Chemicals

Act (FRAC Act) was introduced to the House of Representatives. The act aims "to repeal exemption for

hydraulic fracturing in the Safe Drinking Water Act."

Though gas companies insist that the chemicals used in fracturing fluid are safe, several of the chemicals

known to be used in fracturing have carcinogenic and endocrine disrupting properties. Furthermore,

Naturally Occurring Radioactive Materials (NORMs), which occur at high levels in the Marcellus Shale

formation, have been known to leach into the flowback fluid. While a 2004 EPA study concluded that the

hydraulic fracturing poses no threat to groundwater, there has been suspected groundwater contamination

near hydro-fracturing operations in New Mexico, Colorado and Wyoming. In the case of surface and/or

groundwater contamination, remediation of aquifers and wellheads is ineffective and costly. Gas

companies should invest in proper precautionary measures to prevent contamination from occurring,

rather than rely on remediation.

Classes of additives used in fracturing fluid

Figure 5.1 shows potential hydro-fracturing fluid additives (dSGEIS, 2009). Drilling companies are not

required to release information on the chemical makeup of the fluid used to fracturing wells, and rarely do

so voluntarily. The gas industry argues that the chemicals are proprietary secrets and that disclosing them

would diminish competitiveness. The industry also argues that the process is safe and that regulating it

would reduce domestic production. Without information on chemical additives, landowners and

municipalities will not know the risks of water contamination or what chemicals to test for in baseline

tests. The following table is included to serve as an indicator of the classes of additives and types of

chemicals that are used to compose fracturing fluids.

Figure 5.2 shows fracture fluid composition by weight. Though the chemicals added to fracturing water

make up only a small portion of the mass of the mixture, many of these chemicals are harmful at a few

parts per million.


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Figure 5.1: Classes of additives in hydro-fracturing fluid (dSGEIS, 2009). Chemicals in brackets have

not been proposed for use in the State of New York to date, but are used in other states in similar shale

formations.

Additive Type Description of Purpose Examples of Chemicals

Proppant ―Props‖ open fractures and allows gas/fluids to flow

more freely to the well bore

Sand [Sintered bauxite;

zirconium oxide; ceramic

beads]

Acid Cleans up perforation intervals of cement and

drilling mud prior to fracturing fluid injection, and

provides accessible path to formation.

Hydrochloric acid (HCl, 3%

to 28%)

Breaker Reduces the viscosity of the fluid in order to release

proppant into fractures and enhance the recovery of

the fracturing fluid.

Peroxydisulfates

Bactericide/Biocide Inhibits growth of organisms that could produce

gases (particularly hydrogen sulfide) that could

contaminate methane gas. Also prevents the growth

of bacteria which can reduce the ability of the fluid

to carry proppant into the fractures

Gluteraldehyde; 2-Bromo-2-

nitro-1, 2-propanediol

Clay

Stabilizer/Control

Prevents swelling and migration of formation clays

which could block pore spaces thereby reducing

permeability

Salts (e.g., tetramethyl

ammonium chloride)

[Potassium chloride (KCl)]

Corrosion Inhibitor Reduces rust formation on steel tubing, well casings,

tools and tanks (used only in fracturing fluids that

contain acid)

Methanol

Crosslinker The fluid viscosity is increased using phosphate

esters combined with metals. The metals are referred

to as crosslinking agents. The increased fracturing

fluid viscosity allows the fluid to carry more

proppant into the fractures.

Potassium hydroxide

Friction Reducer Allows fracturing fluids to be injected at optimum

rates and pressures by minimizing friction.

Sodium acrylate-acrylamide

copolymer, polyacrylamide

(PAM)

Gelling Agent Increases fracturing fluid viscosity, allowing the fluid

to carry more proppant into the fractures

Guar gum

Iron Control Prevents the precipitation of metal oxides which

could plug off the formation

Citric acid; thiglycolic acid

Scale Inhibitor Prevents the precipitation of carbonates and sulfates

(calcium carbonate, calcium sulfate, barium sulfate)

which could plug off the formation.

Ammonium chloride;

ethylene glycol; polyacrylate

Surfactant Reduces fracturing fluid surface tension thereby

aiding fluid recovery

Methanol; isopropanol


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The composition of the fracturing fluid used may vary from one geologic basin or formation to another in

order to meet the specific needs of each operation; but the range of additive types available for potential

use remains the same. There are a number of different chemical compositions for each additive type;

however, only one product of each type is typically utilized in any given gas well. The selection may be

driven by the formation and potential interactions between additives. Additionally not all additive types

will be utilized in every fracturing job.

Figure 5.2: Proportions of additives in fracturing fluid (dSGEIS, 2009).

Water Testing

Initial Testing for Baseline Water Quality

Having baseline water quality characteristics established for a number of water sources will allow

localities to accurately quantify any change in water quality as a result of drilling or other industrial

development. There are a few ways to collect data for establishment of baseline water quality

information. This section describes locations where water can be tested using private wells. Another

option is the installation of sondes, a type of water quality testing device that continually monitors

numerous water quality parameters.


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Drinking water standards in New York State already establish acceptable concentration levels for various

elements and compounds that affect drinking water quality. For reference, the ―Official Compilation of

Codes, Rules, and Regulations of the State of New York‖ has been included as Appendix B.

Basic parameters

Basic parameters for establishment of baseline water quality, including temperature, specific conductance,

and pH can be measured in the field. Analyses of cations and anions, nitrogen and phosphorus, and

bacteria can be performed at a laboratory. Testing for the following parameters can create a basis for

changes in water quality that could occur as a result of drilling activity.

Temperature

Specific conductance

pH

Tests for cations and anions: sodium, chloride, calcium, sulfate, potassium, etc.

Nitrogen and phosphorus

Explanation of basic parameters

Temperature should be monitored to ensure stream health. Aquatic ecosystems are very sensitive to water

temperature, in addition, temperature affects the solubility of chemicals and elements in water, and rises

in temperature can be indicative of certain types of industrial discharge or other problems.

Specific conductance is a measure of the ability of water to conduct an electrical current, a measure that is

dependent on the amount of dissolved solids, such as salt, in the water. A change in the amount of

dissolved solids can affect the suitability of water for drinking. Water with high levels of dissolved solids

will have a high specific conductance, and can make water unpleasant or unsuitable for drinking. Levels

of dissolved solids can fluctuate seasonally, with changes in steam flow and spring melting. It is important

to measure the specific conductance at multiple times of year to account for natural seasonal changes.

Measure of specific conductance is an indirect way to measure the presence of inorganic dissolved solids

in the water (cations and anions). To determine exactly what types of ions are found (i.e. sodium,

chloride, calcium, sulfate, and potassium) it is necessary to take water samples to a lab for testing.

pH is a measure of how acidic or basic the water is. pH can range from 0-14, with 7 being neutral. Water

with a pH greater than 7 is alkaline, while water with a pH lower than 7 is acidic. Measurement of pH is

an important indicator because pH levels are very sensitive to certain chemicals (U.S. Geological Survey,

2010).

Cation and anion testing is carried out to measure the presence of inorganic dissolved solids in the water

including sodium, chloride, calcium, sulfate, and potassium. Evaluation of water for different types of

cations and anions is a more specific test than conductance.


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Nitrogen and phosphorous are required by organisms for the basic processes of life, but can cause harm at

high levels. High levels of nitrogen and phosphate can cause overstimulation of growth by aquatic plants

(Murphy, 2007).

The basic parameters can vary seasonally and daily depending on the proximity of the aquifer to a surface

water body. Testing at multiple times of the year is necessary to set a baseline for water quality change.

Full range analysis:

In addition to testing for the basic parameters, a full range of analyses of dissolved gases such as methane

and isotopic analyses of different forms of natural gas can be carried out to serve as an indication of

contamination of water sources by chemicals associated with the drilling process. These analyses should

include:

Dissolved gasses (e.g. methane)

Isotopic analyses of different forms of natural gas (methane, pentane, butane, and other isotopes like

deuterium and oxygen-18)

Appendix C is a proposal by the United States Geological Survey (USGS) for a full characterization of

water quality and geochemical baselines for groundwater and surface water, to serve as an example of

what an extensive water quality testing project would test for.

Testing based on chemicals associated with the drilling process

In addition to the basic parameters baseline water quality tests can also measure levels of chemicals

commonly used in the drilling process and chemicals found in geologic formations to be drilled. The

Community Science Institute has divided chemicals into general categories that are listed below

(Penningroth).

Chemicals associated with drilling the well:

Acid

Salts (brine) – used to make drilling fluid more dense

Bulk chemicals (i.e. guar gum, bentonite)– used to thicken drilling mud

Oil and grease from machinery

Chemicals added to fracturing water:

Surfactants - used to make water ―slick‖ so that it flows more freely

Biocides - used to kill microorganisms that can gum up the well hole

Proppants - tiny particles of sand or similar solids used to prop open gas-containing

fissures in shale so gas can diffuse into the well hole


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Diesel fuel - used as a fracturing fluid instead of water (rarely used)

Chemicals that are often released from drilling through rock formations, including the Marcellus Shale:

Metals, including barium, iron, manganese, calcium, arsenic, strontium, lead, cadmium,

chromium, and aluminum.

Naturally occurring radioactive materials (NORMs) including uranium, radium, and

radon.

Methane (a component of natural gas)

Salty water (brine) from underground pockets

Contamination that can result from inadequate cement casing when the well hole is drilled through a

shallow groundwater aquifer:

Chemicals associated with drilling the well hole

Bacteria from surface water that enters the aquifer through the well hole

Testing costs

Costs of groundwater and surface water tests to provide baseline data vary between testing location.

Estimates for tests from the Community Science Institute, in Ithaca NY, testing service have been

included as Appendix D.

List of laboratories available for testing

The following labs are available for testing in the region and have been certified as testing locations by

the Environmental Laboratory Approval Program (ELAP) through the New York State Department of

Health. The categories for which they have been approved for testing are listed below each laboratory

name.

Microbac New York (607-565-2893), located in Waverly, NY

509 Cayuta Ave, Waverly, NY 14892

Approved for the following categories: non potable water, potable water, solid and hazardous waste

Community Science Institute, Inc (607-257-6606), located in Ithaca, NY

95 Brown Road, Ithaca, NY 14850

Approved for the following categories: non potable water, potable water

Environmental Associates LTD (607-272-8902), located in Ithaca, NY

24 Oak Brook Drive, Ithaca, NY 14850


Benchmark Analytics, Inc. (570-888-0169), located in Sayre, PA

2566 Pennsylvania Ave, Sayre, PA 18840

Approved for the following categories: non potable water, potable water, solid and hazardous waste


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Yaws Environmental Laboratory (607-277-7128) located in Ithaca, NY

951 East Shore Drive, Ithaca, NY 14850


Sondes

A sonde is a device used to measure water quality parameters in the field. Sondes can measure numerous

parameters at programmed intervals and digitally store their data (NOAA, 2006).

Sondes are often used to measure temperature, pH, conductivity, turbidity, and dissolved oxygen. In

addition to establishing baseline water quality in preparation for large-scale gas drilling, these parameters

will also reveal the health of the stream ecosystem.

The following is a map of suggested sonde locations. Sonde locations need to have sufficient water flow

so that they can continually operate. To meet this requirement sondes can be located where the drainage

area upstream is 40-60 square miles in size. The gray polygons on the map show the watersheds that will

be bested with this arrangement of sondes ( EPA, 2007).

http://oceanexplorer.noaa.gov/technology/tools/sonde_ctd/sondectd.html

http://www.epa.gov/region1/lab/reportsdocuments/wadeable/equipment/sondes.html


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Figure 5.3: Suggested Sonde locations in Tioga County (Tioga County GIS)


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Aquifers and Wellhead Sources

Aquifer Attributes: Tioga County

Two types of aquifers are found in Tioga County – unconsolidated aquifers and consolidated (bedrock)

aquifers.

Unconsolidated aquifers are deposits of sand and gravel that occupy major river and stream valleys or

lake plains and terraces. Since these aquifers generally form flat areas that are beneficial for development,

are highly permeable, and are found at a relatively shallow depth, they are particularly susceptible to

contamination from urban and agricultural runoff, as well as point sources such as landfills (USGS,

2010). Unconsolidated aquifers are also referred to as unconfined aquifers, and are in direct contact with

the atmosphere through porous spaces in the overlying sediment.

Consolidated aquifers are geologic bedrock units that are usually found further under the ground than

unconsolidated aquifers. Consolidated aquifers are also referred to as confined aquifers, and are overlaid

by relatively impermeable rock or clay that limits groundwater movement in or out of the consolidated

aquifer (Minnesota DNR, 2010).

Figure 5.4: Unconfined and confined aquifers (Ritter, 2006).

There is significant variability in the depth to water in wells by location, depth, and type of aquifer

(unconsolidated versus bedrock) (W. Kappel, personal communication, February 17, 2010). A good

quality well in a consolidated aquifer may have a neighboring well with very different water quality,

because of differences (1) how the well was drilled, (2) how deep the well was drilled, and/or (2) what

geologic layer the well reached during drilling


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Aquifers of Tioga County

Two primary aquifers have been surveyed by the USGS in Tioga County – the Waverly-Sayre Aquifer

system near Waverly and the valley-fill aquifer in the Town of Owego. The following map shows the

extent of the aquifers assessed by the USGS.

Figure 5.5: Aquifer Systems of Waverly, Owego, and Binghamton (USGS).

Waverly-Sayre Aquifer

The aquifer system in the Waverly-Sayre area spans a 30 square-mile area within the valleys of the

Susquehanna River, Chemung River, and Cayuta Creek, formed from valley-fill glacial deposits

(Reynolds, 2003). The unconfined aquifer ranges from zero to 90 feet and is composed of glacial

deposited rock and soil. Water flows through the aquifer at 50 to 1,300 feet per day, depending on the type

of soil.

Deposits of lake-deposited sand, silt, and clay up to 150 feet thick lie under the unconfined aquifer and

compose a thick confining layer. Below this layer, a thin sand and gravel aquifer sits, with an average


108


thickness of 5 feet. This confined aquifer is the water source for many domestic wells in the area

(Reynolds, 2003).

The U.S. Geological Survey evaluated the hydrology of the Waverly-Sayre aquifer area in a report

released in 2003. This report, titled ―Hydrogeology of the Waverly-Sayre area in Tioga and Chemung

Counties, New York and Bradford County, Pennsylvania,‖ is available online at

http://ny.water.usgs.gov/pubs/of/of02284/.

The report also includes maps showing the geology, water table characteristics, and the location of wells

and test holes in Tioga County. This information can be valuable to a municipality interested in

delineating wellhead and aquifer protection areas.

Owego Valley-Fill Aquifer

The valley-fill aquifer system in Owego spans 24 square miles in south-central Tioga County. This system

lies under the Susquehanna River valley, as well as Catatonk Creek, Owego Creek, and Apalachin Creek

valleys. The aquifer is largely gravel, and has a thickness ranging from 10 to 80 feet. Confined aquifers

are interspersed throughout the valley-fill aquifer system (Reynolds, 1990).

The USGS evaluated the hydrology of the valley-fill aquifer area in a report released in 1990. This report,

titled ―Hydrogeology of the valley-fill aquifer at Owego, Tioga County, New York,‖ is available at

http://pubs.er.usgs.gov/usgspubs/wri/wri894000. Access to this publication requires the download of a

plug-in called ―DjVu Browser Plug-in‖ to view the map files, which can be downloaded from this site:

http://pubs.er.usgs.gov/usgspubs/wri/wri894000

As with the information provided for the Waverly-Sayre Aquifer report, the report includes maps can be

valuable to a municipality interesting in delineating wellhead and aquifer protection areas.

Designation of the Clinton Street-Ballpark Aquifer System under the Safe

Drinking Water Act

Sole Source Aquifer Designation

When an aquifer supplies fifty percent or more of the drinking water consumed in the geographic area

that the aquifer serves, the Environmental Protection Agency defines the aquifer as a sole or principle

source aquifer. This mechanism is used to protect drinking water supplies in areas "where there are few or

no alternative sources to the ground water resource and where, if contamination occurred, using an

alternative source would be extremely expensive (EPA, 2009)." The designation protects the groundwater

resource by requiring the EPA to review all proposed projects within the designated area that will receive

federal assistance. All projects that are federally funded must prove that they do not endanger the ground

water source. Under the Safe Drinking Water Act the EPA administrator is able to determine whether an

area has an aquifer that is the sole or principle drinking water source (EPA, 2010).

http://ny.water.usgs.gov/pubs/of/of02284/




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Designation of the Clinton Street-Ballpark Aquifer System

In 1981 an ad-hoc committee called Purity of Water petitioned the Administrator to include the Clinton

Street-Ballpark Aquifer System as a sole source aquifer. The area includes the aquifer system in Broome

and Tioga Counties that is "west and south to the Pennsylvania border at Waverly, north of Chenango

Bridge to the Chenango County Line, and south of Kirkwood to the Pennsylvania border‖ (EPA, 2010)."

The area protected under the Clinton Street-Ballpark designation includes the Waverly-Sayre aquifer and

Owego valley-fill aquifer.

Figure 5.6: Designated Sole Source Aquifers in New York and New Jersey (US EPA).

The Clinton Street-Ballpark Aquifer System is susceptible to contamination via multiple mechanisms.

Since the aquifer system is composed of glacial sediments with high permeability, surface contamination

can quickly contaminate the groundwater (EPA, 2010). Because the Susquehanna River recharges the

aquifer, any contaminants in the River can pollute the groundwater.


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The designation of the Clinton Street-Ballpark Aquifer System as a Sole Source Aquifer shows its

importance to the residents of Tioga. Because this resource is vulnerable to contamination, adoption of

ordinances to protect water should be considered.

Model Wellhead Protection Plan

In addition to the federal, state, and local water management structures, wellhead protection plans can

protecting the integrity and quality of water for municipal, commercial, and industrial use. This section

describes reasons for creating a wellhead protection plan, as well as a wellhead ordinance template that

can be adopted into the rules and regulations of a municipality.

The purpose of a wellhead protection plan is to pro-actively protect a community's water supply. There

are many different ways to construct an effective, comprehensive plan, but an important first step in all of

them is to establish what water resources already exist. Underground aquifers, groundwater movement,

and preexisting public wells should be mapped and tested. Land area that contributes water to a well

should be delineated, and threats of contamination should be described. The community will thus be able

to identify the zones that are critical to protecting wells. These areas can be used in the wellhead

ordinance. A detailed description of the steps involved in delineation appears in a document produced by

the Wisconsin Department of Natural Resources titled "A Template for Preparing Wellhead Protection

Plans for Municipal Wells." (This document is highly recommended and can be found at

http://dnr.wi.gov/org/water/dwg/gw/pubs/planning.pdf.)

The next step in developing a comprehensive plan is risk assessment. An inventory of potential

contamination sources will help officials write effective regulations. Sewers, fuel tanks, septic systems,

landfills, and industrial facilities should be mapped and investigated. Anticipated future activities that

could influence water supplies or pose contamination risks should also be taken into consideration. Some

will likely require restrictions, while others may be cause for exception. In the wellhead ordinance that

follows, the section titled "Exceptions" can be adapted in each community's best interests to safely allow

specific enterprises to be sited within the protection zones.

The final step in the process is implementation of the wellhead protection plan. Many different

approaches can be used, and each community can choose its own methods and adapt those that

appropriate after considering its existing resources and potential risks. The Town of Owego adopted a

Wellhead Protection Ordinance in 1999 (Chapter 121, Part 1) with zones delineated by proximity to the

municipal well. Having this legislation in place is an important first step for establishing municipal

oversight for activities within its borders. The language of the Owego ordinance is a good resource,

because it addresses wellhead protection concerns that will be found in communities throughout the

Southern Tier. The ordinance could be improved by adapting its influence zones to actual features of the

aquifer. While the delineation that contributes to the wellhead radial zones of protection offers some

protection, the water that is drawn from a well may not necessarily be coming immediately from those

areas, depending on the geology and hydrologic features that exist underground. For this reason, the


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testing and delineation stages are critical, so that the plan and the ordinance can effectively protect the

areas that have the most influence on water supply.

A slightly different approach to the implementation stage is to create a groundwater protection overlay

zone. There are EPA models for this approach, found at

<http://www.epa.gov/owow/nps/ordinance/mol7.htm>. In the case of Owego, the overlay zone could

supplement the town ordinance and provide more complete coverage of the areas that influence the well

water supply. The template ordinance that follows is a hybrid of the two approaches, integrating aquifer

characteristics and the regulatory framework of the Owego ordinance.

One important section that is not part of an overlay district approach is the permitting process. This

section requires close observation and documentation of the development and use of water resources.

Like much of the document, it was modeled on the existing ordinance in the Town of Owego. The

ordinance can be a starting point for further protections or the elimination of certain sections be desired

by a community, the document is open to change and can be tailored to particular needs. For instance, the

need for exploration and testing to establish protection zones could prove to be very ambitious for some

communities. If an interim plan is needed, they could return to the strategy of delineating zones by radius

around the wellhead. This would allow the ordinance to pass through its adoption process, and then could

be amended or supplement when the aquifer characteristics become available.

Delineation of Protection Zone

Delineating an aquifer zone reveals the land area that directly contributes water to the groundwater

supply. Proper delineation requires an analysis of the groundwater flow system and the performance of a

pump test for multiple wells. In a pump tests large quantities of water are pumped from well and the rate

at which the water level recovers is measured. These tests will show the speed at which stored water rises

to the surface and the rate at which water flows through the soil. Given that performing a pump test in

multiple areas in the county could be costly, the Workshop has used the USGS maps referenced earlier to

approximate an appropriate aquifer protection zone. The USGS maps indicate the approximate extent of

confined and unconfined aquifers in the Waverly-Sayre area and Owego area. The aquifer boundaries

drawn on these maps follow the river valleys that run throughout the county. The following map indicates

the locations of aquifers and river systems that serve as recharge zones for groundwater. It is

recommended the delineation of protection zones follow the pattern of the stream and aquifer lines.

http://www.epa.gov/owow/nps/ordinance/mol7.htm


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Figure 5.7: Unconsolidated Aquifers in Tioga County (Tioga GIS).

For the areas of Tioga County that more thorough USGS hydrogeology maps exist (Waverly and Owego),

a more precise delineation could be determined according to the already outlined aquifer zones. These

USGS maps can be viewed at the following sites:

Owego valley fill aquifer map: http://pubs.er.usgs.gov/usgspubs/wri/wri894000

Waverly-Sayre aquifer map: http://ny.water.usgs.gov/pubs/of/of02284/

Model Wellhead Protection Ordinance

Title.

This chapter shall be known as the ―Wellhead Protection Ordinance of [municipality].‖


http://ny.water.usgs.gov/pubs/of/of02284/


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Purpose.

This ordinance is enacted for the purpose of promoting the health, safety and general welfare of

[municipality] by protecting any municipal water supply dedicated for present or future public

beneficial use for domestic, commercial, and industrial purposes.

Application.

The regulations specified in this Wellhead Protection Ordinance shall apply to the incorporated

areas of [municipality] that lie within the wellhead protection zones described herein. These

regulations adhere to the standards of quality as defined in NYCRR Title 10, Chapter III.

Definitions.

ABANDONED TANKS. In the event that a gasoline or service station is not used for a period of

three months, wherein there is no continuous business operation for at least for continuous weeks

in said three-month period, as measured from the first day of nonuse, then the facility’s storage

tanks shall be considered abandoned.

AQUIFER. A geological formation, group of formations or part of a formation composed of rock,

sand or gravel capable of storing and yielding groundwater to wells and springs.

CHLORIDE SALT. The solid compounds or solutions of potassium chloride, calcium chloride, or

sodium chloride.

CONTAINMENT SYSTEM. A structure having an impervious surface (concrete, asphalt,

membrane, etc.) surrounded by curbs, gutters, dikes, etc. The purpose is to prevent any flow from

leaving a defined area.

CONTAMINATION. An impairment of water quality by chemicals, radionuclides, biologic

organisms, or other extraneous matter whether or not it affects the potential or intended beneficial

use of water.

DISCHARGE. To release by any means to the surface waters, groundwaters, surface of the

ground, below ground, the air and living resources. Discharge includes, but is not limited to, any

spilling leading, pumping, pouring, emitting, emptying or dumping.

GROUNDWATER. Water within an aquifer.


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HERBICIDE. Any substance used to destroy or inhibit plant growth.

HUMAN EXCRETA. Human feces and urine.

IMPERVIOUS. A layer of natural and/or man-made material that will prevent the discharge of

toxic or hazardous materials for a period of at least as long as the maximum anticipated time

during which the toxic of hazardous substance will be in contact with the material.

MODIFICATION. Any change in a storage facility that would result in a ten-percent or more

increase in the maximum stored volume specified on the operational permit application; or any

change in containment system(s), storage tanks(s), and related piping other than routine

maintenance.

PERSON. Any individual, firm, company, association, society, corporation, or group.

PESTICIDE. Any substance used to destroy or inhibit pests such as rodents and insects.

POLLUTANT. Dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,

chemical waste, biological materials, radioactive materials, heat, wrecked, discarded equipment,

rock, sand, cellar dirt, and industrial, municipal, or agricultural waste.

RADIOACTIVE MATERIAL. Any material in any form that emits radiation spontaneously.

―Radiation‖ shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X

ray, neutron, high-speed proton and any other atomic particle producing ionization but shall not

mean any sound or radio wave or visible, infrared or ultraviolet light.

REFUSE. All putrescible or nonputrescible solid wastes including garbage, sludge, manure,

rubbish, ashes, incinerator residue, street cleaning, dead animals, offal or solid commercial

industrial wastes.

SEPTAGE. The content of a septic tank, cesspool or other individual sewage treatment facility

that receives domestic sewage wastes.

SEWAGE. A combination of water-carried wastes from residences, business buildings, institutions

and industrial establishments, together with such ground-, surface and stormwaters as may be

present.

SEWAGE SLUDGE. The accumulated semisolids or solids resulting from treatment of

wastewater from publicly or privately owned or operated sewage treatment plants.

SOURCE OF WATER SUPPLY. Source of water supply means any ground water, aquifer, surface

water body or water course from which by any means water is regularly

taken either periodically or continuously for drinking, culinary or food processing purposes or


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which has been classified for present or future public beneficial use as a source for domestic or

municipal purposes.

STORAGE FACILITY. All contiguous land and structures and other appurtenances and

improvements on the land used for the storage of toxic or hazardous materials. A storage facility

may consist of several different storage operational units.

STORAGE TANK. Any stationary device used or designed to be used to contain an accumulation

of toxic or hazardous materials, i.e., wood, concrete, steel or plastic, and which provides structural

support.

TOXIC OR HAZARDOUS MATERIAL. Any substance, solution or mixture as state in Part 116

of Title 40 of the Code of Federal Regulations and subsequent amendments thereof, which,

because of its quality, concentration or physical, chemical or infectious characteristics, may

present a potential hazard to human health, drinking water or food supply quality of discharge to

the land, air or water.

TIME-OF-TRAVEL DISTANCE. The distance that groundwater will travel in a specified time.

This distance is generally a function of the permeability and slope of the aquifer.

UNDERGROUND INJECTION WELL. Any Class V injection well as defined and classified

under 40 CFR 144.3, which allows for the injection of fluids into the ground.

WATER SUPPLY. The public water supply of [municipality].

ZONES OF PROTECTION.

A. ZONE 1 – CRITICAL IMPACT ZONE. Zone 1 is defined as the area within the 6-month time-

of travel distance of any source of water supply.

B. ZONE 2 – POTENTIAL IMPACT ZONE. The area which encompasses all areas or features

that, by surface infiltration of water that reaches an aquifer, supply groundwater to a well.

Prohibitions.

A. Cemeteries. No interment of a human body shall be made within Zone 1.

B. Chloride salt. No chloride salt shall be stored within Zone 2 in excess of 50 pounds, except in a

weatherproof building with an impervious floor or an aboveground, watertight vessel with a one-

hundred-percent product-tight containment system, and by permit only. Household use is exempt.


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C. Herbicides and pesticides. No pesticides or herbicides shall be stored underground or

aboveground within Zone 2 except for above ground, product-tight containers for household use

and retail sales, provided that they are stored in a weatherproof building. No pesticides or

herbicides shall be discharged within Zone 1 except for household aerial discharge.

D. Human excreta and sewage. No privy, privy vault, pit, or other receptacle of any kind for either

the temporary storage or permanent deposit of human excreta or sewage shall be constructed,

located, placed or maintained within Zone 1. No sewage or polluted liquid of any kind shall be

discharged or allowed to flow on or beneath the surface of the ground within Zone 1 except in

watertight pipes connected to a sewage treatment plant for which a permit has been granted by the

appropriate state agency having jurisdiction over such facility. No such watertight pipe shall be

located within a twenty-five-foot linear distance of the wells. Exception to the above shall be

made for existing residential septic systems, and municipal temporary storage vaults serving

recreation facility toilets, where no sanitary sewers are available, provided that these facilities are

not within 100 feet of the wellhead. Properties within Zone 1 that do not have a sanitary sewer

available and are operating with a septic system shall be given priority for construction of sanitary

sewers when declared a health hazard by the Tioga County Health Department.

E. Radioactive material. No radioactive material shall be disposed of by burial in soil within Zone

2

F. Sewage sludge or septage. No sewage sludge or septage shall be disposed of in any manner,

including landspreading of treated sludge or septage, within Zone 2.

G. Solid waste. No junkyard refuse, refuse disposal area, or recycling site shall be located within

Zone

H. Toxic chemicals

1. No new containers used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic

chemicals, nor these materials themselves, shall be buried beneath the surface of the ground

within Zone 2 effective immediately, except:

Fuel oil tanks 550 gallons or less which are used for heating purposes only.

New containers which are being installed to replace preexisting underground storage containers in

order to comply with New York State Department of Environmental Conservation (NYSDEC)

and United States Environmental Protection Agency (USEPA) regulations.

2. No person shall store above the ground more than 550 gallons of gasoline, kerosene, fuel oil,

diesel oil or toxic chemicals within Zone 2 effective immediately.

3. All preexisting and new toxic underground storage tanks and aboveground containment systems


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within Zone 2 shall meet and comply with all current NYSDEC and USEPA regulations.

4. Any leaks found in storage tanks and aboveground containment systems will constitute a

violation of this Ordinance.

5. In the event that tanks are abandoned in accordance with the definition of ―abandoned tanks‖

herein, the owner and/or lessee of such gasoline or service station will immediately remove the

tanks and gasoline pumps from the site of the same. In lieu of removing the tanks, said owner

and/or lessee shall remove the gasoline therefrom and fill all tanks with water or solid materials.

I. Underground injection wells. 40 CFR 144.12(a) states that no owner or operator shall conduct

any injection activity in a manner that allows the movement of any contaminant into underground

sources of drinking water, if the presence of that contaminant may cause a violation of any

primary drinking water regulation under 40 CFR Part 142 or may otherwise adversely affect the

health of persons. All existing underground injection wells within Zone 2 shall be closed under a

USEPA-approved closure plan, or obtain a federal underground injection control (UIC) permit

within 180 days of the adoption of this Part 1. No new underground injection wells shall be

allowed within Zone 3 without a federal UIC permit.

Exceptions.

Towns/villages may use this section to provide exceptions to the above prohibitions for

preexisting or expected needs.

Permits.

A. Application. Any person seeking a special use permit or site plan approval from [municipal or

planning/zoning board] for sites within zone 2 which are also in general business, industrial or

highway interchange districts must obtain a wellhead protection permit from the Town Board as a

prerequisite for applying for site plan approval or a special use permit.

B. Municipal Board Review.

1. The wellhead protection permit application shall be reviewed by the Municipal Board of

[municipality], who shall determine compliance with the provisions of this Ordinance.

2. In the event that the Municipal Board denies a wellhead protection permit, it shall state the

specific reasons for denial on the record.

3. The Municipal Board may grant a wellhead protection permit with or without conditions. Such

conditions may include requirements for special construction, professional construction and


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inspection and/or certification, ongoing inspection, monitoring, reporting requirements, bond

posting and such other or further conditions as the Municipal Board deems reasonable or

appropriate to assure compliance with this Ordinance.

4. To assist the Municipal Board in its review, the Municipal Board may require the preparation

of a hydrogeological study or any other scientific or engineering study, the expense of which shall

be borne by the applicant.

C. Appeals. Any person or persons, jointly or severally aggrieved by any decision of the Owego

Municipal Board, may apply to the Supreme Court for review by a proceeding under Article 78 of

the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the

filing of a decision in the office of the Municipal Clerk.

Enforcement.

A. Inspection. All authorized employees of the United States Environmental Protection Agency

(USEPA), New York State Department of Environmental Conservation (NYSDEC), New York

State Department of Health, Tioga County Health Department, and authorized employees of

[municipality] bearing proper credentials and identification shall be permitted to enter all

properties for the purpose of inspection, observation, measurement, sampling and testing.

B. Reporting. It shall be the duty of [municipal official] to deliver copies of any provisions in this

ordinance to any person in violation of the same. The aforesaid officer shall report to the Tioga

County Health Department and State Commissioner of Health of any violations of this ordinance,

as well as an annual written report of the results of inspections the previous year.

C. Notice of violation. The aforesaid official shall give written notice to the owner, occupant,

and/or leaseholder of the violating property. Such notice shall direct the recipient to correct the

stated problem within 48 hours of notification.

D. Cleanup costs. If the owner, occupant, and/or contractor fails to correct the stated problem

within 48 hours of notification, the [municipality] or its authorized agent may enter upon the

premises and correct the stated problem at the expense of the owner.

E. Penalties for offenses. Any person who fails to comply with the provisions of this Wellhead

Protection Ordinance shall be subject to a fine not exceeding $ or imprisonment for not more than

# days, or both for each violation. The continued violation of any provision of any section of these

regulations shall constitute a separate offense for each and every day such violation of any

provision hereof shall continue. Failure to comply with this Ordinance shall be cause for

revocation of the wellhead protection permit by the Municipal Board.


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F. Legal authority. The Municipal Board may maintain an action or proceeding in the name of the

municipality in a court of competent jurisdiction to compel compliance with or to restrain by

injunction the violation of this ordinance.

Liability.

Nothing in this ordinance shall be construed to imply that the [municipality] has accepted any of

an owner/developer's liability if a permitted facility or use contaminates groundwater in any

aquifer.

Best Management Practices

There is no official mechanism at the municipal level to force gas companies to abide by these

management practices; however they represent points to be aware of when negotiating or engaging in

dialogue with gas companies or other industry members.

Oil and gas industries work in conjunction with the Bureau of Land Management to develop a list of Best

Management Practices (BMPs), which serve to limit the environmental impacts of drilling activities. A

comprehensive discussion of industry BMPs can be found in the Gold Book, a resource developed to

assist operators by providing information on the requirements for obtaining permit approval and

conducting environmentally responsible oil and gas operations on Federal lands and on private surface

over Federal minerals. These BMPs include:

To prevent contamination of ground water and soils or to conserve water, it is recommended that

operators use a closed-loop drilling system or line reserve pits with an impermeable liner,

particularly when it is anticipated that pits will contain moderate or high levels of hydrocarbons

and chloride, or the pits are located in areas of shallow groundwater or porous soils over fractured

bedrock aquifers.

Reserve pits should normally be located entirely in cut material, and should not be constructed in

areas of shallow groundwater or in natural watercourses.

Reserve pits should be lined with an impermeable layer to prevent contamination of groundwater

and/or to conserve water. Impermeable liners should have a permeability of less than 10-7cm/sec.

Operators should install leak detection systems to monitor reserve pits.

Reserve pits should be appropriately fenced to prevent access by persons, wildlife, or livestock.

Apply closed mud system to alleviate water accumulation in pits.


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R


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Chapter 6: Roads

Chapter 6: Roads

Introduction

The purpose of this chapter is to provide an overview of road impacts caused by increases in traffic and

vehicle weight and offer recommendations and examples of preventative and remedial actions. This

chapter is intended to be a resource primarily for Town Boards and Highway Superintendents, as well as

the layperson. Included in this chapter are details on completing a road assessment, identifying/itemizing

deteriorating infrastructure, adopting a road use agreement, adopting a road protection ordinance, posting

and bonding roads, and adopting an industrial driveway permitting system. All of these tools can help

municipalities be proactive against heavy road use that can lead to infrastructure deterioration.

Included in this chapter:

Impacts of Natural Gas Development on Roads

Recommendations and Examples of Road Policies

Road Assessments

Ordinances

Model Road Protection Ordinance

Model Driveway Permit/Ordinance

Model Road Use Agreement

Impacts of Natural Gas Development on Roads

Road stress and damage begins during the pre drilling phase of natural gas development, significantly

increases during the drilling phase, drops during the production phase, and increases slightly during the

final reclamation of the well pad. Exact traffic counts are directly related to the number of natural gas

wells drilled and are therefore very difficult to predict without solid estimates on expected activity

permits. The Draft Supplemental Generic Environmental Impact Statement (dSGEIS) estimates truck trips

in the range of 890-1,350 per well (dSGEIS, 2009), with another 549 tanker truck trips when wells are re-

fractured to stimulate production. The dSGEIS offers the following table breaking down trucking activity

associated with drilling:

Drilling Rig Mobilization, Site Preparation and Demolition

Drill Pad and Road Construction Equipment 10 – 45 Truckloads

Drilling Rig 30 Truckloads


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Drilling Fluid and Materials 25 – 50 Truckloads

Drilling Equipment (casing, drill pipe, etc.) 25 – 50 Truckloads

Completion Rig Mobilization and Demobilization

Completion Rig 15 Truckloads

Well Completion

Completion Fluid Materials 10 – 20 Truckloads

Completion Equipment (pipe, wellhead) 5 Truckloads

Hydraulic Facture Equipment (pump trucks, tanks) 150 – 200 Truckloads

Hydraulic Fracture Water 400 – 600 Tanker Trucks

Hydraulic Fracture Sand 20 – 25 Trucks

Flow Back Water Removal 200 – 300 Truckloads

Well Production

Production Equipment 5 – 10 Truckloads

Figure 6.1: Truckloads of equipment required for well pad activities (dSGEIS, 2009, p. 6-113).

Town roads vary in strength, but a study showed that on average town roads are able to handle 92,000

Equivalent Single Axle Load over the life of the road (Orr, 2009). Equivalent Single Axle Load is a

standardized measure that represents the impact of an axle loaded with 9 tons. David Orr, Senior

Extension Associate of the Cornell Local Roads Program, reported that town roads are be depleted by 2%

for every 1,000 trucks passing over a road (Orr, 2009). Despite the rigor that went into these calculations

these numbers should be seen as rough estimates. Road strength will vary with the conditions of each

road. All of this activity will necessitate increased spending on road maintenance, infrastructure repair and

replacement, and road assessments.

Increased traffic (particularly of tractor trailers) will also deteriorate air quality. Smog-producing

particulate matter, ozone, carbon dioxide, and volatile organic compounds from diesel engine exhaust all

pose health hazards which can increase in intensity as truck traffic increases (Armendariz and Alvarez,

2009). The rate at which air pollution increases is influenced by the region's climate, terrain, and duration

of natural gas development (Armendariz and Alvarez, 2009).

Lastly, vehicle accident and pedestrian safety issues increase with the number of vehicles on the road.

This is of particular concern where and when natural-gas-associated traffic flows are at their highest. This

becomes especially important near school zones, farming operations, and areas with poor signage and

lack of enforcement.


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Though this is not an exhaustive list of concerns regarding road impacts, road deterioration, air quality

deterioration, and traffic safety will be among the most serious concerns municipalities will face.

Potential Road Policies

David Orr summarized preventative actions for road damage as: issuing road access permits (including

fees), posting weight restrictions, assessing taxes, designing roads to handle loads, and evaluating existing

roads (Orr, 2009). Though municipalities should examine weight restrictions, tax assessment, and road

design, this chapter focuses mainly on road protection ordinances, road use agreements, and industrial

driveway permits. This chapter includes samples of these three methods that municipalities can use to

formulate their own regulations and agreements. There are benefits and opportunities with each

alternative. Municipalities will have to make decisions based on local politics, existing regulations,

accepted procedures, and what will be most effective in the short-term and long-term.

Though municipalities have no legal power to directly regulate the natural gas industry, Title 8 of NYS

Vehicle and Traffic Laws (Sections 1640-1664) provides a means for municipalities to protect themselves

from the increased costs of road repairs.

Further, designating haul routes (pursuant to New York State Vehicle and Traffic Law, Title 8, Article 39,

Section 1640.10) for the user is a common practice that can help localize road damage impacts as well as

noise and safety concerns. This may be of particular importance around sensitive areas (e.g. schools).

Road Assessments

Initially, a road assessment will provide a baseline that can allow municipalities to track changes in road

wear over time. These assessments are also necessary components of any road use agreement or road

protection ordinance because they determine liability for road maintenance costs. A representative of

Talisman Energy indicated that standard visual assessments could be done in conjunction with an industry

representative as part of a voluntary road use agreement (Brad Gill, interview).

There are two types of assessments: structural and visual. Structural assessments are labor, resource, and

technology intensive. They can be done by private engineering consultants at a cost, and provide a legally

defensible baseline against which future assessments can be measured. A countywide assessment may be

cheaper than town-by-town assessments. Delta Engineers of Endicott, NY provides assessments in

addition to ordinance and road use agreement drafting services.

Visual assessments are quick and much less expensive than structural assessments, though their legal

defensibility is uncertain. The Cornell Local Roads Program can provide technical information and visual


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assessment training for highway municipal officials (http://www.clrp.cornell.edu/). The Cornell Local

Roads Program will not perform municipal road assessments itself (David Orr, interview). For more

information contact Lynne Irwin, P.E. by email at [email protected]; or by phone at (607) 255-8033.

All assessments should be accompanied by a schedule of costs associated with road use maintenance and

construction (Messmer, 2010).

Ordinances

The road use agreement and regulations detailed in this and the following sections have come from a

regional analysis of communities in Pennsylvania and New York. All ordinances and road use agreements

were compiled from multiple sources or taken in their entirety. They are intended to be used as-is, or

taken piecemeal to construct an ordinance that fits the needs of each municipality.

There are direct and indirect benefits to adopting ordinances over using voluntary regulation programs.

Ordinances provide a standard throughout the municipality, allow for integration of other statutory

obligations (e.g. professional design and construction and specifications requirements). They establish

―fees for service‖ to minimize any general fund obligation to pay for services required by ordinance.

Ordinances ensure that standards and services are consistent with state and federal partnerships involving

local grants and loans. They reduce substandard construction/ infrastructure. Ordinances also reduce the

formal differences between municipalities and energy industries by requiring direct communication and

information sharing. Finally, ordinances protect the interests of local municipalities by ensuring sound

infrastructure investments.

Following are examples of ordinances designed to protect municipalities and provide standards of

construction for roads and driveways. The driveway ordinance intentionally omits diagrams, leaving

local, county, or state highway departments to supply these technical construction details.

Model Road Protection and Driveway Ordinances

Schoharie County Senior Planner Lillian Bruno compiled this ordinance from Local Law No.3 of 2009 of

Broome County and the ―Model‖ Road Damage Prevention Law of Chenango County. The ordinances

can be used as a template for developing a new road protection ordinance, amending an existing one, or as

a basis for comparison with other ordinances. Another model road protection ordinance can be found in

Appendix E.



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MODEL ROAD PROTECTION LAW

MUNICIPALITY OF _________________ ROAD PROTECTION LAW

Be it hereby enacted by the Municipal Board of the _______________________, Tioga County, New York,

as follows:

1. TITLE

This local law may be cited as the ―_____________________ Road Protection Law.‖

2. PURPOSE

The purpose of this local law is to maintain the safety and general welfare of municipal residents by

regulating high impact commercial activities that have the potential to adversely impact roads and property.

Well-maintained roads are important to the economic well being of the municipality. Construction,

maintenance, and operation of high impact commercial endeavors (e.g. timber harvesting, mining, natural

gas drilling, wind energy facilities and telecommunication facilities) can be economically beneficial. This

Law is not intended to regulate such endeavors, but the intent is to protect the Municipal roads and property

from damage from such endeavors that typically require use of heavy equipment with heavy loads.

3. AUTHORITY

The Municipal Board of the ________________________ enacts this local law under the authority granted

by Section 10 of the New York State Municipal Home Rule law, the New York State Town/Village Law and

Title 8 of New York State Vehicle and Traffic Laws, Sections 1640-1660.

4. APPLICABILITY

The _____________________ Municipal Board delegates to the ______________________ Highway

Superintendent (herein called ―Highway Superintendent‖) the oversight of assuring commercial activities

do not have an adverse impact on public roads and property.

5. DEFINITIONS

1. Bond: A commercial bond to ensure that the condition of the municipal roads and/or property impacted

by high frequency, high impact truck traffic is left in a good or better condition at the completion of the

project as they were at the start of the project.

2. Escrow: Money put into the custody of a third party for delivery to a grantee only after the fulfillment of

the conditions specified.

3. Final Bond Release: Final release of the bond by the _____________________________Municipal


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Board.

4. High Frequency Truck Traffic: Traffic to and from a project site that generates more than ten truck trips

per day for more than three consecutive days, involving trucks that exceed 20 tons (truck and load

combined) that could impact municipal roads and/or property. (Not including the operation of year round,

permanent facilities such as commercial quarries)

5. High Impact Truck Traffic: Other truck traffic of considerable weight (e.g. total weight exceeding 30

tons) and/or size (e.g. trucks requiring escort vehicles) as determined by the Highway Superintendent that

could impact Municipal roads and/or property. Any seismic testing by Vibrasise trucks (commonly known

as ―thumper trucks‖) is considered high impact truck traffic.

6. Permittee: Shall mean and include the holder of a ―Road Use Agreement Permit‖, its contractors, sub

contractors, employees and agents, issued pursuant to this Local Law.

7. Preliminary Bond Release: A bond release given by the Highway Superintendent based on satisfactory

road conditions at project completion.

8. Project Site: An area where construction work is performed on a short-term basis (i.e. not including year

round, permanent business such as commercial quarries). Construction work includes any of the following:

(a) excavation, including the removal of soil or gravel for off-site use or excavation or filling of trenches,

ditches, shafts, wells, tunnels and pier holes, and the use of caissons and cofferdams,

(b) building, including the construction (including the manufacturing of prefabricated elements of a

building at the place of work concerned), alteration, renovation, repair, maintenance and demolition of all

types of buildings,

(c) civil engineering, including the construction, structural alteration, repair, maintenance and demolition

of, for example, airports, dams, river and landslide defense works, roads and highways, railways, bridges

and tunnels, viaducts, and works related to the provision of services such as communications, drainage,

sewerage, water and energy supplies.

9. Property: Shall mean and include any real property (including any improvements therein, thereon or

there under) or personal property owned by, or leased to, in the municipality of

______________________________________.

10. Road: Shall mean and include any highway, road, street, avenue, boulevard, parkway, shoulder, guard

rail, concourse, driveway, easement, right-of-way, bridge, culvert, sluice pipe, ditch, dock, tunnel, sidewalk

or any utilizes or improvements therein, thereon, or there under.

11. Road Use Agreement Law Worksheet (Appendix A): Worksheet to be completed by potential Permittee,

summarizing the project, project location, start and completion dates, expected maximum gross vehicle


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weight used for the project, proposed truck routes, and any other items that the Highway Superintendent

deems necessary.

6. PERMIT ISSUING AUTHORITY

1. The Highway Superintendent is hereby designated as the authority to receive and approve applications

for a Road Use Agreement Permit to use, park, operate, transport, or move High Frequency Truck Traffic

and/or High Impact Truck Traffic, as defined above, on, over or across a designated municipal road or other

municipal property. The Highway Superintendent must submit a copy of the Road Use Agreement Permit to

the __________________________ municipal Code Enforcement Officer (herein called ―Code

Enforcement Officer‖).

2. The Highway Superintendent is hereby authorized to consult with others (i.e. County Department of

Public Works) and/or hire, in compliance with municipal local laws and procurement policies, any

engineer, consultant and/or expert which the Highway Superintendent deems necessary to assist in

reviewing and evaluating any application hereunder for a Road Use Agreement Permit.

7. APPLICATION AND ROAD USE AGREEMENT PERMIT REQUIREMENTS

1. The Highway Superintendent is hereby authorized to promulgate:

(i) an application form requesting the issuance of a Road Use Agreement Permit, said application shall

require the person requesting the permit to provide at time of initial application and continuing thereafter a

proposed road map that the High Frequency Truck Traffic and/or High Impact Truck Traffic will travel on,

a video or photographic documentation demonstrating the condition of the proposed road and/or property

described in the permit, and any other documents, maps, sketches, and plans which the Highway

Superintendent may require;

(ii) money in escrow, a highway permit bond, maintenance bond, or comparable blanket bond and the

amount shall be determined by the municipal board and will be listed on the fee schedule on file with the

_______________municipal clerk. The amount of the bond or money in escrow may be changed by the

Municipal Board by Resolution; ( iii) a completed Road Use Agreement Law (RUAL) Worksheet

(Attachment A), available from the municipal Clerk or Highway Superintendent. All materials must be

submitted to the Highway Superintendent.

2. The Highway Superintendent will decide if the scope of work is such that a Bond or money in escrow is

required. If no Bond or money in escrow is needed, the RUAL worksheet is approved by the Highway

Superintendent and becomes the Work Permit.

3. Upon issuance of the Work Permit and prior to commencement of the work, the Permittee will arrange

for video or photographic documentation of condition of the roads, shoulders, and all structures (culverts,

bridges, etc.) that will be traversed by the permitted traffic. The video or photographic documentation will

also occur monthly and within two weeks of the conclusion of the permitted work. All video or


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photographic documentation will be submitted to the Highway Superintendent within one week of

recording. Failure to submit the required video or photographic documentation will result in immediate

revocation of the Work Permit.

8. HIGHWAY PERMIT BOND/MAINTENANCE BOND/ESCROW ACCOUNT

1. If the Highway Superintendent determines that a Bond is required, the Bond must be paid to the

_____________________ and remitted to the Town Supervisor/Village Mayor. At such time, if ever, that

said highway permit bond, maintenance bond, comparable blanket bond is expended, the Permittee shall

replace the same within 5 days of the receipt of written notice from the municipality, failing which the

Road Use Agreement Permit shall be subject to revocation. The Worksheet will then be approved by the

Highway Superintendent and becomes the Work Permit.

2. If the Highway Superintendent determines that a source of funds is needed to promptly reimburse the

municipality for any reasonable costs and expenses incurred by the Municipality in processing an

application for a Road Use Agreement Permit and/or seeking reimbursement for damages, injuries,

discharges or spills involving municipal roads or other municipal property, the applicant for a Road Use

Agreement Permit may be required by the Highway Superintendent to file with the municipal clerk of the

municipality of ____________________ an initial cash deposit in the sum of $___________________.

3. As used in this section, the term ―costs and expenses‖ shall be determined to include the reasonable fees

charged by engineers consultants and/or experts hired in accordance with the provisions of §VI of this law;

reasonable administrative costs and expenses incurred by the Municipality in connection with the

permitting process and the repair, restoration and preservation of Municipal Roads and Other Municipal

Property; and reasonable legal fees, accountants fees, engineers fees, costs, expenses, disbursements, expert

witness fees and other sums expended by the municipality in pursuing any rights, remedies or claims to

which the municipality may be entitled under this Local Law or under applicable provisions of law, as

against any Permittee, any person who has violated this Local Law, any insurance company, any bonding

company, any issuer of a letter of credit, and/ or any United States or State of New York agency, board,

department, bureau, commission or official.

4. These funds may be required to accompany the filing of the application, and the municipality shall

maintain a separate escrow account of all such funds.

5. The municipality is hereby authorized to withdraw funds from said escrow account (without prior notice

to or consent from the Permittee) in order to promptly reimburse the Municipality for any costs and

expenses (as defined herein)

6. Immediately following any such withdrawals, the municipality shall give written notice to the Permittee

detailing such withdrawals and the reasons therefore.

7. If, at any time during the period when the Road Use Agreement Permit is in effect, this escrow account

has a balance less than $______________, the Permittee shall immediately, upon notification from the


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municipality, replenish said escrow account so that it has a balance of at least $_______________.

8. In the event that there is any balance remaining in the escrow account as of the date that the Highway

Superintendent determines the Road Use Agreement Permit has expired and further determines that no

damages or injuries have been caused to any municipal road or other municipal property for which the

municipality has not been fully reimbursed, the municipality shall pay to the Permittee the balance

remaining in the escrow account.

9. Upon completion of the project, the Permittee will apply to the Highway Superintendent for a

Preliminary Bond Release. Upon inspection of the work site, as necessary, the Highway Superintendent

may approve the release of the Bond. If the release is not approved, the Superintendent will specifically

document the tasks that must be accomplished in order for the Bond to be released. In this case the

Permittee will remedy the specified problem(s) items and then reapply for a Bond Release. Final Bond

release must be approved by the Municipal Board for repayment of the Bond funds.

9. STOP WORK ORDERS:

The Highway Superintendent and the Code Enforcement Officer shall each have the right and authority to

issue stop work orders to those operating violations of the terms of the Road Use Agreement Permit, in

violation of this Local Law, in violation of applicable provisions of law, or in violation of any conditions or

requirements set forth in any permit issued by the New York State Department of Environmental

Conservation; or contrary to the conditions upon which its Road Use Agreement Permit was issued.

10. REVOCATION OF ROAD USE AGREEMENT PERMIT

Upon violation of any provisions of the Road Use Agreement Permit, or violation of any provisions of this

Local Law, the Highway Superintendent may suspend any such permit until there is remedy of the violation

in the allocated time period set by the Highway Superintendent. A public hearing may be scheduled by the

municipal clerk of _____________________at which the Permittee shall have the right to appear and be

heard. The Highway Superintendent may permanently revoke any Road Use Agreement Permit on written

notice to the Permittee.

11. OTHER SPECIAL CONDITIONS

1. In no event shall vehicles or equipment be parked or located outside the roadway boundaries or block

access to neighboring landowners.

2. Traffic will be maintained in accordance with the Uniform Traffic Control Manual.

3. The Permittee shall supply proof of insurance co-naming the ____________________________ within a

minimum of $3 million [suggested amount] liability insurance coverage. The municipality shall be notified

30 days prior by the insurance company of determination of such coverage.


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4. The Permittee shall be responsible for any and all repairs of damages caused by their operation to any

Municipal property.

5. This Law applies to the entire duration of any project that induces High Frequency Truck traffic and/or

High Impact Truck Traffic, as defined above.

6. The Road Use Agreement Permit shall not be assigned, conveyed, pledged or transferred without the

express prior written consent of the Highway Superintendent.

7. The Highway Superintendent shall be given one week’s written notice in advance by said Permittee of

the date when the permittee intends to begin the activity authorized by the Road Use Agreement Permit,

and shall be given prompt written notice of its completion.

8. The Road Use Agreement Permit shall not authorize the holder thereof to exceed the maximum gross

weight limit authorized for crossing any bridge. The Highway Superintendent shall have the authority to

reasonably alter the proposed roads and other property set forth in the application before a permit is issued

or after a permit is issued.

9. The ___________________________ makes no warranties or representations as to the conditions or

fitness of any road or other property; or their fitness for any intended use; or the municipality’s rights, titles

or interests therein or thereto.

10. If any of these conditions are not met, the permit is automatically voided and all work shall cease.

12. FEE

A non-refundable processing fee as depicted in the ___________________________ Fee Schedule,

payable to the ___________________________, must accompany each Worksheet submitted to the

Highway Superintendent.

13. REQUEST FOR A WAIVER

Request for a waiver from the standards set forth in this Local Law shall be made to the

______________________Municipal Board in writing and shall; contain the grounds on which the

appellant relies for requesting the waiver, including all allegations on any facts on which the appellant will

rely. Where the ________________Municipal Board finds that due to special circumstances of the

particular case a waiver of certain requirements as stated in Section IV is justified, then a waiver may be

granted. No waiver shall be granted, however, unless the Municipal Board finds and records in its minutes

that:

(a) granting the waiver would be keeping the intent and spirit of this Local Law and is in the best interests

of the community;


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(b) there are special circumstances involved in the particular case;

(c) denying the waiver would result in undue hardship to the applicant, provided that such hardship has not

been self-imposed;

(d) the waiver is the minimum necessary to accomplish the purpose.

14. INVALID SEGMENT

In any part or provision of this Local Law or the application thereof to any person or circumstances be

adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to

the part or provision or application directly involved in the controversy in which such judgment shall have

been rendered and shall not affect or impair the validity of the remainder of this Local Law or the

application thereof to other persons or circumstances, and the municipality of ____________ hereby

declares that it would have passed this Local Law or the remainder thereof had such invalid application or

invalid provision.

15. EFFECTIVE DATE

This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of

the State in accordance with the provisions of Section 27 of the Municipal Home Rule Law of the State of

New York.

ATTACHMENT A

ROAD PRESERVATION LAW WORKSHEET

1. Hauler/Project Sponsor: _____________________________________________

Address: _________________________________________________________

Phone: ___________________________Email:___________________________

2. Work description (i.e. logging, telecommunications facility construction, gravel mining, natural gas


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drilling, wind energy facility construction, etc.):

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

3. Work Location: ____________________________________________________

4. Proposed Truck Routes (includes miles to be traveled on each road):

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

5. Landowner: ______________________________________

Address: ______________________________________

Phone: ______________________________________

Email: ______________________________________

6: Start Date: ________________________

Completion Date: ________________________

Expect maximum gross vehicle weight: _________________________

Maximum truck trips per day: _________________________

7. Bond Amount ______________ Date Paid: _____________

Approval Date: ______________

8. Preliminary Bond Release Application Date: __________________


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9. Deficiencies to be repaired: __________________________________________

__________________________________________

__________________________________________

__________________________________________

10. Final Bond Release Application Date: ______________________

11. Final Bond Release: ________________ Date: _____________

______________________________Town Supervisor/Village `Mayor Signature

ATTACHMENT B

FEE SCHEDULE

Road Type Dirt /

Gravel

Chip Seal

(gravel with

tar)

Asphalt w/ base >

7”

Asphalt w/ base <

7”

Bond per mile traveled $3,500 $15,000 $54,570 $94,200

* MULTIPLY BY NUMBER

OF MILES TRAVELED

* MULTIPLY BY NUMBER

OF VEHICLES ON THE

PEAK TRAVEL DAYS

= ROAD TOTALS

Structures (bridges and or

culverts by diameter)

60‖ – 19’ 11‖ > 20’

Bond per structure $500,000 $1,500,000

*MULTIPLY BY NUMBER

OF STRUCTURES

= STRUCTURE TOTALS

= BOND TOTAL


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Model Driveway Permit/Ordinance

Driveways are an integral part of road systems, particularly ones that will be used by the gas industry,

logging operations, or wind energy industry. Well-built driveways can protect waterways, control erosion,

protect existing public roads, and provide safe access to and from adjacent roads. The following can be

used as-is, to amend current ordinances, or for comparison with similar ordinances.

MODEL DRIVEWAY CONSTRUCTION AND PERMIT

ORDINANCE

AUTHORITY

The Municipal Board of the ________________________ enacts this local law under the authority

granted by Section 10 of the New York State Municipal Home Rule law, the New York State

Town/Village law and Title 8 of New York State Vehicle and Traffic Laws, Sections 1640-1660.

Article 1 General Provisions

1. TITLE.

This chapter shall be known as may be cited as the ―Industrial Driveway Construction and Permit

Ordinance of [municipality], New York.‖

2. SCOPE.

The provisions of this chapter shall be effective in the entire area of [municipality], as bounded and defined by the

corporate boundaries, and shall automatically become effective in any area which may, at any time, hereafter be

incorporated within said [municipality].

3. INTENT.

The safe operations of motor vehicles, and the need to minimize potential nuisance factors resulting from conflicts

between commercial or industrial traffic utilizing streets designed for residential traffic, are issues, which directly

relate to public health, safety, and welfare of residents in the county. The appropriate design and location of

driveways can significantly lessen the adverse effects related to these issues. The establishment of reasonable design

standards and administrative procedures included herein shall aid in protecting the health, safety, and welfare of the

residents of the county.

Purpose of Design Standards

A. To insure that vehicles leave or join the roadway traffic at a proper angle and in conformity with the rules of the

road;

B. To reduce hazard to vehicles by reducing areas of conflict and point of conflict between vehicles;


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C. To increase the capacity of roads and intersections by reducing areas of conflict between vehicles:

D. To provide sufficient space for the installation of traffic control devices, utilities, and crosswalks;

E. To reduce hazard to pedestrians by reducing areas of possible conflict between pedestrians and

vehicles, and to define such areas.

G. To provide a maximum practical sight distance, especially at intersections.

H. To provide uniform and impartial consideration in all cases where access is required by abutting

property owners.

I. To reduce the possibility of conflicts between commercial/industrial traffic generators and residential

areas.

III. DEFINITIONS

The following definitions apply to the standards set forth in these regulations and figures included as

examples of driveway permits.

Buffer areas – Means the border area along the frontage between the traveled way and the right-of-way

line and within the frontage boundary lines: areas (1), (2), (3), (4), in 1 and 2 of Appendix A.

Buffer island – Means the area between the frontage right-of-way line and a line parallel to and a

minimum of a four-foot distance from the right-of-way line extended away from the right-of-way line:

area (5) in figures 1 and 2 of Appendix A.

Buffer areas - Means the border area along the frontage between the traveled way and the right-of-way line

and within the frontage boundary lines; areas (1), (2), (3), (4) in figures 1 and 2 of Appendix A.

Buffer island - means the area between the frontage right-of-way line and a line parallel to and a

minimum of a four-foot distance from the right-of-way line extended away from the right-of-way line; area

(5) in figures 1 and 2 of Appendix A.

Common access driveway - means the primary means of access to a public street, shared by and

connecting three but no more than five parcels, tracts, lots, building sites or structures.

Corner clearance (C) - means, at an intersecting street or highway, the dimension measured along the

edge of the traveled way between the frontage boundary line opposite the intersection of the two right-of-

way lines and the tangent projection of the nearest edge of the driveway; see figure 3, Appendix A.

Distance between double driveways (D) - means the distance measured along the right-of-way line

between the tangent projection of the inside edges of two adjacent driveways to the same frontage; D in


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figure 2 of Appendix A.

Driveway angle (Y) - means the angle of 90 degrees or less between the driveway centerline and the

edge of the traveled way; see figures 1 and 2 of Appendix A.

Driveway width (W) - means the narrowest width of the driveway measured parallel with the edge of

the traveled way; see figures 1 and 2 of Appendix A.

Edge clearance (E) - means the distance measured along the edge of the traveled way, between the

frontage boundary line and the tangent projection of the nearest edge of the driveway; see figures 1 and 2 of

Appendix A.

Frontage - means the length along the highway right-of-way line of a single property tract of roadside

development area between the edges of the property; the distance between (1) and (2) in figures 1 and 2 of

Appendix A.

Frontage boundary line (abbreviated as FB line) - means a line perpendicular to the highway centerline,

at each end of the frontage lines, extending from the right-of-way to the edge of the through-traffic lane;

line (l)--(4) or (2)—(3) in figures 1 and 2 of Appendix A.

Inside radius (U) - means the inside or smaller curve radius on the edge of the driveway, used when Y is

substantially less than 90 degrees; see figures 2 and 3 of Appendix A.

Outside radius (R) - means the outside or larger curve radius on the edge of the driveway; see figures

1, 2 and 3 of Appendix A.

For simplicity, the above definitions are stated in terms of single radius curves of the edge of driveways or

intersecting highways. Where compound curves or tapers are used, an equivalent single radius curve may

be used as a control guide.

4. APPLICATION FOR PERMIT.

A. Application for a permit to construct or alter a driveway or curb cut occurring on or abutting a county

road right-of-way shall be made to the Public Works Director of the county under the following

circumstances:

1. When such driveway(s) or curb cut(s) are incidental to the development of a

new single-family residential structure or the development of previously

undeveloped property, the driveway permit shall constitute a part of the building

permit application package.

2. When such driveway or curb cut construction occurs for a commercial, multi-


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family residential, office, institutional or industrial facility.

3. When such driveway or curb cut construction constitutes a separate action

apart from any other construction on the same site.

4. When property abutting a county road right-of-way changes from one use to

another and driveways and/or curb cuts have previously been extended across or

to a county road right-of-way, or when the type of use or the volume of use of an

existing and/or previously approved driveway is substantially changed,

application for review shall be submitted and a driveway permit issued by the

Public Works Director.

B. The occupancy permit of any building may be withheld until such driveway improvements

have been approved.

5. ISSUANCE OR DENIAL OF PERMIT; APPEALS.

A. Upon reviewing an application for a residential, commercial, multi-family, office, institutional or

industrial driveway permit in any of the aforementioned circumstances, the Public Works Director shall

take one of the following courses of action:

1. Issue the permit if the standards correspond with the requirements as outlined

in the regulations.

2. Deny the permit application.

3. If the driveway permit is denied by the Public Works Director, the applicant can

appeal the Public Works Director's decision to the Board of Commissioners, who

shall hear testimony from the applicant. The Board of Commissioners may either

approve or deny the application.

6. GENERAL DESIGN STANDARDS.

The location, design and construction of the driveway shall be in accordance with the following

standards. These standards are in no case to be modified unless specifically authorized by the Public

Works Director:

A. A driveway shall be located and restricted as to width as necessary driveway and

its appurtenances are contained within the frontage along the highway to the property

served. At public highway intersections a driveway shall not provide direct ingress or

egress to or from the public highway intersection area and shall not encroach on or

occupy areas of the roadway or right-of-way deemed necessary for effective traffic

control or for highway signs or signals. This shall not be construed to pertain to property


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outside the right-of-way, except common access. A driveway shall be so located and

constructed that vehicles approaching or using it will have adequate sight distance in both

directions along the highway.

B. The number of driveways permitted serving a single property frontage shall be a

maximum of two unless more are deemed necessary by the Public Works Director for

reasonable service to the property without undue impairment of safety, convenience, and

utility of the highway.

C. If the property has frontage on more than one street, and a driveway permit is requested, then one

driveway will be allowed on each frontage or two on a single frontage if one is not requested for the other

frontage(s). This may be reduced or increased as necessary by the Public Works Director to reduce

potential adverse effects which may result. If it is determined [it] would cause a nuisance to the surrounding

area, or a traffic hazard, or unduly congest traffic, then the permit may be denied.

D. The island area on the right-of-way between successive driveways or adjoining a

driveway and between the highway shoulder and right-of-way line shall remain

unimproved for vehicular travel or parking. Such areas shall be considered as restricted

and may be filled in or graded down only as hereinafter provided in subsection J. of this

section.

E. The surface of the driveway connecting with rural type highway sections shall slope

down and away from the highway shoulder a sufficient amount and distance to preclude

ordinary surface water drainage from the driveway area flooding onto the highway

roadbed.

F. The driveway shall not obstruct or impair drainage in side ditches or roadside areas. Driveway culverts,

where necessary, shall be adequate for surface water drainage along the roadway and in no case less than

the equivalent of 15-inch diameter pipe 25 feet in length. Installation shall be as per Figure 8 in Appendix

A of this Ordinance. This requirement may be increased as necessary by the Public Works Director. The

distance between culverts under successive driveways shall be not less than ten feet except as such

restricted area is permitted to be filled in under the provisions of subsection J of this section.

G. Driveways connecting to "L" back curb and gutter must be constructed by removing the curb and

gutter and pouring a valley gutter. When curb and gutter is removed for constructing a driveway, the new

connections shall be of equivalent acceptable material and curb returns shall be provided or restored in a

neat, workmanlike manner. The driveway or valley gutter surface shall connect with the highway pavement

and sidewalks, if any, in a neat workmanlike manner. In no case shall the driveway construction impair the

flow of water in the gutter. Figure 7, Appendix A depicts the proper details for constructing a valley gutter.

H. Driveways connecting to rolled curb and gutter may be constructed by either pouring the driveway

directly up to the back of the curb or by removing the curb and gutter and pouring a valley gutter. When

curb and gutter is removed for constructing a driveway, the new connections shall be of equivalent


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acceptable material and curb returns shall be provided or restored in a neat, workmanlike manner. The

driveway or valley gutter surface shall connect with the highway pavement and sidewalks, if any, in a neat

workmanlike manner. In no case shall the driveway construction impair the flow of water in the gutter.

Figure 7, Appendix A depicts the proper details for constructing a valley gutter.

1. Any activities that impair the flow of water in a curb and gutter are prohibited.

These prohibited activities include, but are not limited to: The filling in of curb and

gutter with concrete or asphalt or the removal of curb and gutter without provided

an acceptable valley gutter as described in G and H above.

J. The restricted area between successive driveways may be filled in or graded down only when the

following requirements are fully complied with:

1. The filling or grading down shall be to grades approved by the public works

director; and, except where drainage is by means of curb and gutter, water drainage

of the area shall be directed away from the highway roadbed in a suitable manner.

2. Culvert extension under the restricted area shall be of like size and equivalent

acceptable material of the driveway culvert, and intermediate manholes adequate

for clean-out purposes may be required where the total culvert length exceeds

100 feet.

3. Where no side ditch separates the restricted area from the roadbed, permanent

provision may be required to separate the areas from the highway roadbed, to

prevent its use for driveway or parking purposes, by construction of a border, curb

or other deterrent as deemed adequate by the public works director.

6.A. Specific design standards.

The following specific design standards shall apply to driveways requiring permits as set forth in these

regulations. The items are driveway width, angle of entry and exit, return radius of curb, surfacing for

driveway use, distance to side property lines, island areas, intersection clearance, parking and storage

areas and driveway grade. The public works director shall have the authority to increase these

requirements if in his/her opinion such action is necessary for the protection of traffic. The public works

director may also modify these requirements if justifiable on the basis of site conditions.

6.A.I. Driveway widths.

Measured parallel to the roadway, driveway widths shall be as follows:

Minimum Maximum


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Residential 8' 16'

Residential-duplex 8' 22'

Apartments 10' 30’

Commercial:

One-way 15' 25'

Two-way 20' 40'

Industrial 20' 40'

6.A.2. Angle of entry and exit.

Driveway angles shall be as follows:

A. Residential, 60 to 90 degrees, or per Public Works Director;

B. Apartments, 70 to 90 degrees for two-way driveways or 45 to 90 degrees for one

way streets;

C. Commercial, 70 to 90 degrees for two-way driveways or 45 to 90 degrees for one-way on divided

roadway or 60 to 90 degrees for one-way ramp on non-divided roadway;

D. Industrial, 90 degrees, or as close as practicable, for two-way, or 45 degrees, one

way access on one-way street;

E. Rural, land access only, 60 to 90 degrees.

6.A.3. Return radius of curb.

Return radius of curbs shall be as follows:

Minimum Maximum

Residential 5' 15'

Apartment 10' 35'

Commercial 10' 35'


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Industrial 50' N/'A (per Public Works Director)

6.A.4. Surfacing of frontage for driveway use.

B. No approval for a curb cut will be given where it is apparent that the intent is not to provide

access but to provide parking only. A driveway approach must provide access to something definite

on private property such as a parking area considerably greater in extent than the width of the

driveway, or provide access to a driveway, or to a door at least eight feet wide intended for the

entrance of vehicles, etc. (door standard not applicable for residential driveways).

6.A.5. Distance to side property lines.

A. Subsection 1 or 2 of this section shall apply, whichever is more restrictive.

1. The area within five feet of a frontage boundary line shall be a restricted area on

which no driveway may be developed on public right-of-way (E). See figure 1, 2, 3

& 4 Appendix A.

2. A minimum of 1 1/2 feet of pavement edge or curb shall be left undisturbed

adjacent to each frontage boundary line to serve as an island area. This distance shall

be measured between the FB line and the point of tangency of the driveway radius

and the edge of the pavement measured along the edge of the pavement.

B. These requirements may be waived when a single driveway is approved to serve two

adjacent lots.

6.A.6. Island areas.

A. Minimum island dimensions.

1. Distance between double driveways (D), ten feet minimum at narrowest

point;

2. Minimum island depth, four feet where parking abuts street right-of-way

line.

B. Treatment of island or buffer area. In the development of private property and the

construction of driveways thereto, it may be necessary to regrade the buffer area by

cutting or filling. Such work shall be done in a manner to insure adequate sight distance

for traffic operations, proper drainage, suitable slopes for maintenance operations, and

good appearance. The buffer area outside the driveways shall be treated to prevent use by

vehicles. This may be accomplished by grading, or use of curbs, rails, low shrubs, etc., in

a manner which will not impair clear sight across the area.


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C. Visibility clearance. No landscaping, fences, terraces, or other natural or artificial

features adjacent to any street shall be of a nature impairing visibility from or of

approaching vehicular traffic where such visibility is important to safety, nor shall such

features in any way create potential hazards to pedestrians. In particular, at vehicular

entrances and exits, no off-street parking, landscaping, or other material impediment to

visibility between the height of three feet and ten feet, measured from the roadway level,

shall be permitted within triangular areas defined by lines connecting points described as

follows:

1. Nonresidential use. Beginning at a point where the midline of the entrance or

exit intersects the public right-of-way, thence to a point of 35 feet along the right-

of-way in the direction of approaching traffic, thence to a point of 25 feet toward

the interior of the lot along the midline of the entrance or exit, and thence to a

point of beginning. (See figure 5 A of Appendix A.)

2. Multifamily residential use. Beginning at a point where the midline of the

entrance or exit intersects the public right-of-way, thence to a point often feet along

the right-of-way in the direction of approaching traffic, thence to a point often feet

toward the interior of the lot along the midline of the entrance or exit, and thence

to the point of beginning. (See figure 5B of Appendix A.)

6.A.7. Intersection clearance.

The length, width and shape of corner island areas will vary for different locations. The angle of

intersection, angle of driveways, width of the right-of-way on both approaches, channelization radii, and

other conditions will influence the location of driveways at intersections. The location and angle of an

approach in relation to the highway intersection shall be such that a vehicle leaving the service facility may

be merged in the lane of traffic moving in the desired direction before crossing the intersection, and that a

vehicle entering the facility from the intersection may do so in an orderly and safe manner with a minimum

of interference to through traffic.

The following conditions may be applicable in most instances:

A. No driveway shall be allowed to encroach upon pavement edge radii.

B. The following minimum distances from the intersection right-of-way line (C) (see Figures 3 & 4,

Appendix A) shall apply where there is no conflict with the foregoing conditions:

Residential Street, 5 feet

Minor Collector Street, 20 feet;

Major Collector. 35 feet;

Minor Arterial, 50 feet;

Major Arterial, 65 feet;

Interstate Highways. 100 feet.

The public works director shall have the authority to increase these distances if in his opinion such action is


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necessary for the protection of traffic. The public works director may also modify these requirements if

justifiable on the basis of site conditions.

6.A.8. Parking and storage areas.

A. Each roadside business establishment, when providing off-street parking or storage

space, shall provide such parking or storage space off the right-of-way to prevent the

storage of vehicles on the driveway or the backing up of traffic on the travel way. This is

particularly needed for businesses where a number of vehicles will be leaving and

entering at the same time.

B. Particular attention will be paid to drive-in facilities such as banks, minute car

washes, drive-in restaurants, drive-in bill paying facilities, and other service facilities

where motorists are served while in their vehicles, to insure that queues of vehicles will

not extend out onto the public streets.

6.A.9. Driveway grade.

A. Residential driveways: The maximum grade which shall be permitted is 15 percent

within the county right-of-way.

B. Apartment, commercial and industrial driveways: The maximum grade which shall be permitted is

eight percent.

C. Grades within the right-of-way shall be controlled by existing shoulder slope or

existing and future sidewalk elevations.

D. When driveways are intended for special use vehicles, the underside clearance

and/or break over angle of the subject vehicle shall dictate the maximum driveway grade.

7. COMMON ACCESS DRIVEWAYS; GENERAL PROVISIONS.

The following specific design standards shall apply to common access driveways requiring permits as set

forth in these regulations. Even though a common access drive may provide access to parcels or lots, each

resultant parcel, tract, or lot must still meet the minimum public street frontage requirements for the zoning

district in which it is located unless otherwise exempted as a lot of record. Parcels, tracts, lots, or building

sites for which building permits are requested or upon which there is a proposed subdivision of land that

will not have separate and individual driveway access to a public street within the limits of the property

itself, but is proposed to be served by a common access driveway, shall install such a driveway in

conformance to the following standards in V11.A-V1I.C.

7.A. Common access driveways; submission of plans.


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Any person seeking an (a) building permit or occupancy permit requested for lots of record, or (b)

proposed subdivision of land, whereby two but not more than live parcels or lots are to be served by a

common access driveway, shall, at the time of the permit application or proposed subdivision of property,

submit all necessary plans as required by the county indicating the proposed location and construction

specifications for the proposed common access driveway.

7.A.l. Common access driveways; construction prior to plat approval or issuance of

occupancy permit.

New common access driveways shall be constructed prior to the issuance of an occupancy permit for lots

of record and must be constructed prior to the approval and recording of a final plat for the proposed

subdivision of land. Construction may not commence on proposed driveway until a land development

permit is approved.

7.A.2. Common access driveways; plats and required statements.

Plats indicating the location of common access driveway easements and lots to be served shall be recorded

with the clerk of superior court of the county. The plats shall include:

A. The following statement:

"The common access driveway shall be identified as "Privately Maintained" are private ways and

are not maintained by state, county, city or other public agencies. Maintenance of these private ways

shall be the responsibility of an established homeowners association or related private organization."

B. School bus service, Mail/Parcel Delivery, Fire Service and Police Service

statement:

"Privately maintained roads may not be acceptable or adequate for school bus service or for mail or

parcel delivery service, unless specifically approved by the County School Superintendent, the

Postmaster, the County Fire Chief, and Sheriff respectively."

C. Public Acceptance statement:

"The County will not consider acceptance of any private roadway until/unless the roadway is brought

up to county standards."'

7.B. Common access driveways; previously existing driveways.

Any existing easements or common driveways which have been recorded prior to the effective date of this

ordinance may continue to serve existing lots which were also recorded prior to the effective date of the

resolution codified in this chapter. Any new driveways which would propose access to two or more

undeveloped lots of record must conform to the standards for a common access driveway in accordance


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with this amendment.

7.C. Common access driveways; minimum standards.

Construction of common access driveways shall conform to the following minimum standards. Please see

figure 6 of Appendix A for a cross-section detail. . The public works director shall have the authority to

increase these requirements if in his/her opinion such action is necessary for the protection of traffic. The

public works director may also modify these requirements if justifiable on the basis of site conditions.

A. Easement width, 30 feet, 30 feet radius easement in cul-de-sac; B. Roadbed width

20 feet;

C. Shoulder width, two feet;

D. Base width, 18 feet:

F. Pavement width, 16 feet;

F. Minimum radius at cul-de-sac transition and intersections. 20 feet;

G. Pavement type:

1. Plant mix, one and one half (1.5 ) inch thick over graded aggregate four

inches thick (except within the public right-of-way, graded aggregate shall be six

inches thick):

2. Concrete, four inches thick (except within the public right-of-way, which

shall be six inches thick);

H. If a common access driveway terminates in a dead end, the termination shall be either a cul-de-sac with

a paved radius of 25 feet, a 50' hammerhead or another termination method that allows for vehicles to turn

around safely and is acceptable to Dawson County Public Works;

I. If a common access driveway is a dead end. The maximum length of the drive shall be 1,000 feet;

J. Individual driveways joining the common driveway must be placed entirely on the property that they

serve;

K. Individual driveways joining the common driveway may only serve one lot;

L. Ditches: Front slope, maximum 2:1 ratio; rear slope, maximum 2:1 ratio; 1 1/2 foot minimum depth;

M. Maximum finished driveway grade, 15 percent;

N. Pavement crown, 1/4-inch per foot;


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O. All slopes and shoulders to be grassed;

P. Minimum pipe size, 18 inches;

Q. The driveway must intersect the public road at an angle of 65 degrees or greater;

R. The driveway must enter the public road at least 65 feet from any intersection of another common

access driveway as measured from centerline to centerline. The driveway must enter the public road at

least 65 feet from another public road intersection as measured from the centerline of the common access

driveway to the closest point of right-of-way intersection;

S. Intersections shall be designed with adequate sight distance. Where necessary, backslopes shall be

flattened and horizontal or vertical curves lengthened to provide the minimum required sight distance. Also,

backslopes may be flattened along existing roadways to provide the minimum required sight distance. Sight

distance design will be relative to 85th percentile speeds.

SIGHT DISTANCE TABLE

Design Speed (MPH) Required Sight Distance (feet)

25 150

30 200

35 225

40 275

45 325

50 400

55 450

Note: The height of eye and the height of object are 3.5 feet and 0.5 feet respectively for stopping sight

distance.

8. GENERAL CONDITIONS OF APPROVAL; RIGHTS OF [MUNICIPALITY].

The following conditions shall apply to all approvals for driveway construction on public right-of-way:

A. The applicant shall represent all parties with a property interest in the proposed

driveway and shall certify that any driveway or approach constructed by him is for the


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bona fide purpose of securing access to his property and not for the purpose of parking or

servicing vehicles, or for advertising, storage, or merchandising of goods on the county

right-of-way.

B. The applicant shall furnish all materials, do all work, and pay all costs in

connection with the construction and maintenance of the driveway and its appurtenances on the right-of-

way unless the county agrees otherwise. The applicant shall arrange for and bear the entire cost of moving

poles, trees, signs, hydrants, catch basins, and other existing installations which may interfere with the

proposed driveway. Materials used and type and character of work shall be suitable and appropriate for its

intended purpose, and the type of construction shall be as designated by and subject to approval of the

public works director. The timetable for installation shall be approved by the public works director. The

applicant shall make the installation without jeopardy to or interference with vehicular traffic using the

highway or pedestrian traffic using the adjacent sidewalk.

Street surfaces, shoulders, ditches and vegetation disturbed shall be restored to equivalent or original

condition by the applicant.

C. No revisions or additions shall be made to the driveway or its appurtenances on the

right-of-way without the written permission of the Public Works Director.

D. The county reserves the right to make such changes, additions, repairs and

relocations within statutory limits to the driveway or its appurtenances on the right-of-

way as may at any time be considered necessary to permit the relocation, reconstruction,

widening and maintaining of the highway or to provide proper protection to life and

property [on] or adjacent to the street. The county shall make all reasonable attempts to

comply with all provisions of this resolution chapter.

H. The applicant, his successors or assignees agree to hold harmless the county and its duly appointed

agents and employees against any action for personal injury or property damage sustained by reason of

the exercise of the permit issued pursuant to this chapter.

F. Whenever an existing road is improved by reconstruction or maintenance work, existing entrances to

the road may be altered by the county to conform to the spirit and intent of the policy and standards set

forth in this chapter.

G. Whenever the public works director determines that inadequate or indiscriminate access or long

stretches of paved or unpaved accesses result in an undue hazard to the motoring public on the

thoroughfare, existing entrances may be required to be altered or reduced in extent to conform with the

spirit and intent of this policy and upon approval of the governing authority.

9. CONFLICT WITH OTHER LAWS.

Should any requirement or design standard conflict in any manner with any other law, rule or regulation of


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any local, state or federal governmental body or administrative agency, then the stricter law, rule, or

regulation shall be applied. It is not intended by this chapter to interfere with or abrogate or annul any

easements, covenants, or other agreements between parties; provided, however, that, where this chapter

imposes a greater restriction upon the use of property or premises than is imposed or required by other

resolutions, rules or regulations, or by easements, covenants, or agreements, the provisions of this chapter

shall govern.

10. SEVERABILITY; PENALTY; ADDITIONAL REMEDIES.

A. Validity. Should any article, clause or provision of this chapter be declared by a court of competent

jurisdiction to be invalid, such action shall not affect the validity of the chapter as a whole or any part

hereof being declared severable.

B. Remedies. In case any driveway is (or is proposed to be) constructed, reconstructed, altered,

converted, or maintained, or any driveway is (or is proposed to be) used, in violation of any provision of this

chapter, a county representative may in addition to other remedies, institute injunction, mandamus, or other

appropriate action or proceeding to prevent such unlawful construction, reconstruction, alteration,

conversion, maintenance, or use or to correct or abate such violation. Where a violation of these

regulations exists, the Public Works Director may, in addition to other remedies, notify all public utilities

and county service departments of such violation and request that service be withheld there from until such

time as there is no longer a violation of these regulations.

C. Penalties for violations. Any firm, person, or corporation who shall do anything prohibited by this

chapter as the same exists or as it may hereafter be amended, or who shall fail to do anything required by

this chapter now existing or as it may hereafter be amended, shall be guilty of a misdemeanor, amenable to

the process of the superior court of the county or the state court of the county, and, upon conviction, shall

be punished by a fine not exceeding $1,000.00. Each and every day that such violation exists shall be

deemed a separate offense.


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APPENDIX A

The following figures may be used in conjunction with the standards and definitions set forth in this

chapter as examples of typical driveway types:

Figure 1. Single Driveway—Diagrammatic for Illustrating Definitions

Figure 2. Double Driveway—Diagrammatic

Figure 3. Driveways for Corner Installations—Diagrammatic

Figure 4. Driveways to a Corner Commercial Establishment

Figure 5A. Visibility Clearance (Non-Residential)

Figure 5B. Visibility Clearance (Residential)

Figure 6. Construction Requirement Common Access Driveway

Figure 7. Construction Requirement Valley Gutter, Residential Driveway

Figure 8. Driveway Cross-section

Model Road Use Agreements (RUAs)

Tioga Investigates Natural Gas (TING) is in the process of developing a RUA that will be made available

to the municipalities when it is completed.

Voluntary agreements are beneficial to communities where ordinance adoption is controversial or difficult

to achieve. Voluntary agreements can also allow for more flexibility than ordinances. Detailing technical

rights and responsibilities of each party saves time and money and decreases the chance of litigation.

Unless municipalities have ordinances requiring heavy road users to enter into an RUA firms have no

legal obligation to do so. If a RUA cannot be agreed upon between the operator and the municipality, the

operator may continue using the roads until such an ordinance is passed, or until roads are posted to

restrict traffic. Therefore RUAs should not be used in isolation.

RUAs are stronger when combined with rigorous road assessments, highway department cost schedules,

and road protection ordinances. Steuben County Highway Engineer Peter Messmer recognized this fact in

a memorandum issued to Town Supervisors and Town Highway Superintendents in March, 2010:


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―It is crucial to get a technically sound RUA and local law process implemented if municipal officials are

going to be able to protect their roads and the interests of their tax payers. An effective RUA document

will recoup full damages to gravel and paved roads…and will be based on a sound engineering method

that will stand up to scrutiny…Anything less than a thorough agreement puts a town at serious risk of

losing significant money in road damages and litigation.‖

Mr. Messmer went on to write that without professional legal and engineering support, RUAs will face

implementation difficulties (Messmer 2010).

Of the RUAs found, the one below offers some of the most stringent standards and requirements. Again, it

is intended as a resource, template, or basis of comparison. Because this RUA is from Michigan it is not

meant to be used as-is. This RUA came from Michigan Technological University

(http://ferm.mtu.edu/resources/roaduse.pdf). Another model RUA can be found in Appendix F.

MODEL ROAD USE AGREEMENT

This agreement made this _____ day of_____________________ , 20___

Between:

Town of ___________________

(hereinafter referred to as ―Grantor‖)

-and-

______________________________________________________________

______________________________________________________________

(hereinafter referred to as ―Grantee‖)

The Grantor hereby extends without warranty of any nature to the Grantee the nonexclusive right to use that

portion of the Grantor’s road as indicated on Schedule ―B‖ (hereinafter referred to as the ―Road‖) for the

purpose described in Schedule ―A‖ on the below terms. Grantee’s use shall be limited to those uses set forth

in Schedule A and for no other purpose.

In consideration of the mutual covenants and conditions contained in this Agreement, the parties agree as

follows:

http://ferm.mtu.edu/resources/roaduse.pdf


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1.0 Terms and Conditions

1.1 This Agreement, including any attached Addenda of the following Schedules which are incorporated

herein and made part hereof, shall be the terms and conditions as agreed to by Grantor and Grantee:

Schedule ―A‖ - Purpose and Rates

Schedule ―B‖ - Field Contacts and Additional Terms

2.0 Consideration

2.1 The Grantee agrees to pay the Grantor the sums as set forth under the heading ―Consideration‖ in

Schedule ―A‖.

3.0 Billings

3.1 The Grantor shall invoice the Grantee at monthly intervals or as the Grantor may desire (in advance,

quarterly, annually, etc.) and the Grantee shall submit payment in the manner described on the invoice(s).

3.2 The Grantor shall be entitled to charge interest on any amounts that remain outstanding for more than

thirty (30) days after the Grantee’s receipt of the invoice. Interest shall be paid at the rate of five (5) percent

per annum on the outstanding balance from the date of the invoice until the day it is paid and shall be due

immediately on the 31st day.

4.0 Road Restrictions

4.1 The Grantor reserves to itself the exclusive control and operation of the Road and the Grantee shall

observe all load limits, speed limits, road bans, closures and restrictions on use imposed by the Grantor.

4.2 The Grantor shall endeavor to notify the Grantee when anticipated closures or restrictions are to be

imposed but failure to notify shall not excuse Grantee from complying with the same.

4.3 The Grantor shall not be liable for any loss or damage occurring to the Grantee as a result of the

imposition of the said limits, bans, closures and restrictions or of the failure to give reasonable notice thereof

to the Grantee.

4.4 The Grantor reserves the right to control all entrances to and all use of said Road and to control the

location of signs and culvert installations. If Grantor places gates Grantee will be provided a key and shall

keep all gates closed and locked immediately after passage.

5.0 Maintenance


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5.1 Notwithstanding anything herein contained the Grantor does not make any representation or warranty as

to the suitability or fitness of the Road for Grantee’s intended use nor does the Grantor assume any

obligation to maintain the Road in useable condition.

5.2 Upon written approval from the Grantor, the Grantee may upgrade the Road. All improvements and

upgrades shall be performed only in accordance with Grantor’s approval and upon terms acceptable to

Grantor. The entire cost of such upgrades, together with any incremental costs of maintaining the Road in its

upgraded state or abandoning and reclaiming the Road, shall be borne solely by the Grantee. The Grantor

shall have the right to enter upon the Road at its discretion to affect such maintenance and repairs as it deems

appropriate for its use, and to unlimited use, and the Grantor shall not be responsible or liable to compensate

the Grantee for any loss, injury, damage, inconvenience or annoyance suffered therefrom.

5.3 Where the Grantor has no need to maintain roads the Grantee undertakes and agrees that maintenance of

the Road shall be the responsibility of the Grantee.

6.0 Damages

6.1 The Grantee agrees that if any damage or destruction to the Road results from the exercise by the Grantee

or its servants, agents, employees, contractors and subcontractors of the rights herein granted the Grantee

shall, at the Grantor’s request, restore the Road to its previous or better condition. If the Grantee fails to

comply with such instruction within a reasonable time to be determined by the Grantor, the Grantor may

restore the Road to its previous condition at the expense of the Grantee. In such event, the Grantee will

reimburse the Grantor the Grantor’s costs of the restoration within thirty (30) days of receiving the Grantor’s

invoice.

Grantee _____ Grantor _______

[page]

7.0 Liability and Indemnity

7.1 The Grantee shall use the Road entirely at its own risk and shall be liable for and assumes the risk of any

loss, damage or expense suffered by the Grantor, the Grantee or any third person as a result of the use of the

Road by the Grantee, its employees, agents, contractors or subcontractors.

7.2 The Grantee shall hold harmless and indemnify the Grantor against all liability, actions, proceedings,

claims, demands, judgments and costs (including actual attorneys fees incurred in defending against the

same) suffered by the Grantor resulting from or arising out of the use of the Road by the Grantee, its

employees, agents, contractors or subcontractors, including all claims for bodily injury or death to any

person or persons resulting from or arising out of Grantee’s use of or activity on the road unless such injury

or damage is a direct result of the willful misconduct of the Grantor, its employees, agents, servants,


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contractors or subcontractors.

8.0 Default

8.1 If the Grantee is in default of any provisions herein, and such default continues for a period of thirty (30)

days after receipt of notice from the Grantor to remedy such default, the Grantor may without limiting any

other remedies it may have terminate this Agreement and the Grantee shall be deemed to have forfeited any

and all rights hereunder.

9.0 Insurance

9.1 It shall be the responsibility of the Grantee to maintain and keep in force during the term of this

Agreement (and if on a claims made basis for three years after termination) liability insurance protecting

against any liability for bodily injury or property damage occurring on the Road or as a result of Grantees use

thereof in the following policy limits with insurers acceptable to Grantor:

(a) Bodily injury: $250,000 single limit or $100,000 per person and $250,000 per occurrence

(b) Property damage: $100,000.

9.2 The Grantor shall be named as an additional insured on such policy with respect to any claim arising out

of or in connection with Grantee’s use of the road. Grantor will be provided proof of such insurance

annually.

9.3 Grantee shall also maintain in force workers disability compensation and employees liability insurance

coverage as required by Michigan law.

9.4 The Grantee shall assure that any of its contractors and agents using the Road maintenance insurance as

required above.

10.0 Arbitration

10.1 If the Grantor and the Grantee cannot agree on the resolution of any dispute pertaining to this

Agreement the resolution shall be made in the first instance by a reputable person to be mutually agreed

upon by the parties to this Contract. If either party is unwilling to accept the decision of such chosen person

an arbitration board of three persons, one to be selected by each party to this Contract, and the third to be

selected by the first two members of said board will render a final decision. All costs of arbitration shall be

shared equally by the parties.

Grantee _____ Grantor ______


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[page]

11.0 Notices

11.1 Notices and invoices to be given under this Agreement shall be in writing and may be mailed or

electronically transmitted, addressed to the parties as follows:

GRANTOR:_____________________

Bus: ( )

Fax: ( )

e-mail:

Attention:

GRANTEE: _____________________

Bus: ( )

Fax: ( )

e-mail:

Attention:

11.2 Either party may, from time to time, change its address for service by giving written notice to the other

party.

11.3 Any notice, invoice or other communication shall be deemed to be received by the addressee for all

purposes hereunder if delivered personally, or electronically transmitted, on the first business day following

delivery or transmission and, if mailed, on the fourth business day following the day on which it was mailed

if such mailing is not returned as undeliverable.

11.4 In the case of a postal disruption, or an anticipated postal disruption, all notices or

other communications to be given under this Agreement shall be electronically transmitted or delivered by


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hand.

12.0 Assignment

12.1 This Agreement is not assignable in whole or in part by Grantee but Grantor may convey or assign its

rights in the property or the roadway at any time without the consent of Grantee.

13.0 Termination

13.1 Notwithstanding any provision to the contrary herein contained, this Agreement may be terminated

upon thirty (30) days written notice given by either party to the other. Upon termination all applicable rights

and obligations as between the Grantor and the Grantee shall terminate except for those rights acquired or

obligations incurred prior to the effective date of termination.

13.2 Grantor shall inspect the Road upon termination of this Agreement and shall notify Grantee of any

damage to the Road, excluding normal wear and tear, which shall be repaired in accordance with Clause 6.0.

13.3 Upon termination the Grantee shall, if Grantor so requests, remove all culverts, installations and fixtures

on the Road placed for Grantee’s purposes. If they are not removed within thirty (30) days of such a request,

the Grantor shall have the right to remove the same and the Grantor shall invoice the Grantee the actual cost

thereof plus a reasonable administration charge which amounts will be paid by Grantee immediately.

14.0 Miscellaneous

14.1 No waiver of any breach of a covenant or provision of this Agreement shall take effect or be binding

upon a party unless it is in writing. A waiver by a party of any breach shall not limit or affect that party*s

rights with respect to any other or future breach. This agreement does not create any agency, joint venture or

other relationship between Grantor and Grantee nor is it intended to benefit any third party or third party

beneficiary. Grantee does not by reason of this agreement obtain any interest in the roadway or underlying

property but merely the terminable right to use the road.

14.2 This Agreement, as amended from time to time by agreement in writing of the parties, shall be the entire

agreement between the Grantor and the Grantee as to the matters herein and all previous promises,

representations or agreements between the parties, whether oral or written, shall be deemed to have been

replaced by this Agreement.

Grantor: Signature: _____________________________

Date:________________________


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Grantee: Signature: _____________________________

Date:________________________

SCHEDULE “A”

PURPOSE AND RATES

Addendum #

Attached to and forming part of a MASTER ROAD USE AGREEMENT dated and made between

, as Grantor and , as Grantee.

Effective Date ____________________________

PURPOSE OF USE:

Hauling Equipment Associated With Natural Gas Drilling

Timber hauling

Mining


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Wind Turbine Installation

Other

(describe)

CONSIDERATION:

Grantor: Signature: _____________________________

Date:________________________

Grantee: Signature: _____________________________

Date:________________________

SCHEDULE “B”

FIELD CONTACTS AND ADDITIONAL TERMS

Addendum #

Attached to and forming part of a MASTER ROAD USE AGREEMENT dated and made between

,as Grantor and ,as Grantee.

Effective Date ____________________________

Grantee shall provide Grantor with 48 hours notice prior to commencement of the intended activity.

Grantee shall comply with any reasonable conditions imposed by Grantor’s field representative.

GRANTOR’S FIELD REPRESENTATIVE ADDRESS:


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Town of ___________________________________

Address ___________________________________

___________________________________

Phone:

Fax:

Attention:

GRANTEES FIELD REPRESENTATIVE ADDRESS:

Address ___________________________________

___________________________________

Phone:

Fax:

Attention:

ADDITIONAL TERMS:

Grantee _____ Grantor _____

CERTIFICATE OF COMPLIANCE

(Grantee’s name & address)

Master Road Use Agreement No.: dated ____________20______

Addendum No.: __________________________

_____________________________ certifies that the conditions set forth in the above agreement have been


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fulfilled as of ___________________________.

Status:

D&A as of:

Producer as of:

Shut in as of:

Other:

Maintenance billings, if applicable, shall be in accordance with subject Addendum Schedule ―A‖.

Signature: ___________________________________

Title: ___________________________________

Further Points of Consideration

Gas and wind energy companies generally welcome consistent ordinances and agreements among

towns. If this is important to a municipality/region it may be worth the added effort to coordinate

with neighboring towns.

Increased road traffic by heavy trucks will bring with it significant noise visual impacts along

haul routes (dSGEIS, 2009, p. 6-139). The noise ordinance offered in Chapter 4 offers good

foundation for preventative action. Additionally, it may be worth designating haul routes and

times (pursuant to NYS Vehicle and Traffic Law, Title 8, Article 39, §1641; Article 40, §1650;

and Article 41, §1660). This may be of particular importance around sensitive areas (e.g.

schools).

Well pad access roads will increase accessibility, and potentially human activity, in remote areas

(dSGEIS, 2009, p. 6-140). For more information on designating culturally or ecologically

sensitive areas, see ―Description of Critical Environmental Areas‖ in Chapter 4.


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Chapter 7: Workforce


R


164



165



Introduction

The purpose of this chapter is to briefly describe the expected workforce impacts of the natural gas

industry in Tioga County and the Southern Tier Region of New York and to provide insight into the

education and training needs required for this workforce with special focus on the local labor force.

A workforce survey was also conducted in Tioga County, New York and Bradford County, Pennsylvania

to provide comparative data for Tioga workforce projections affecting county and municipal agencies.

This survey is included as Appendix G. Though the results are incomplete, the survey can be re-

administered or completed to produce results that allow for cross-county comparisons. Bradford County

is directly south of Tioga County and was selected for its similarities in economy, size, and anticipated

drilling intensity. Bradford has been experiencing natural gas development for over two years and

provides valuable observations for this chapter.

Workforce can be broken down into three labor forces: direct, indirect, and induced. In the natural gas

industry, direct labor refers to the energy companies and contractors that are directly involved in the

drilling phase and the production phase. The occupation in this force can range from surveying,

permitting, engineering, site clearing, drilling, finishing, trucking, cementing, fracturing, as well as

construction of pipelines and compressor stations. Indirect labor refers to supply-chain industries, such as

quarries or machine manufacturers. Induced labor is the furthest removed from natural gas development,

and refers to the housing, food and drink, and higher education services required for gas development

(MSETC, 2009, 4). This chapter focuses mostly on direct labor and municipal agencies’ workforces.

When communities are planning for natural gas impacts to their workforce it is wise to have three

working scenarios that describe workforce impacts: low, likely, and high. These scenarios give

municipalities some flexibility in preparing their agencies and training their workforces as gas

development progresses. This approach is especially important to take because it acknowledges the high

unpredictability that surrounds this industry, particularly in regards to workforce needs. These estimates

will also help estimate the exact education and training levels needed for the industry.


Workforce Anticipation

Comparison between Southern Tier NY and Northern Tier PA

Education and Training


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Workforce Anticipation

Political and environmental concerns have temporarily halted gas development in the Marcellus Shale in

New York State. These concerns are likely to only be temporary holdups as new standards and procedures

are established for the industry. Energy companies already working in the Marcellus Shale have expressed

interest in the Southern Tier Region, including Tioga County. The anticipated presence of the natural gas

industry in this region will have significant effects over the next five years as gas exploration and

development increase.

The unpredictability mentioned earlier complicates forecasts of the location of workforce impacts. When

locations are forecasted, commuter sheds should be considered. Currently there are three major industry

offices and supply-chain centers located near Tioga County: Williamsport, PA; Horseheads, NY; and

Towanda, PA. These areas will be the source of major activity, transportation, and job creation for the

natural gas industry.

Drilling Phase Workforce

A recent needs assessment study done in 2009 by Marcellus Shale Education and Training Center

(MSETC), estimated direct workforce requirements on a per well drilled basis in the Marcellus Shale

region. Drilling one well requires ―410 individuals working within nearly 150 different occupations‖

(MSETC, 2009, 5). To put these numbers into perspective and increase their usability, the study breaks

down the array of individuals involved into full-time jobs per year. Each well creates 11.53 full-time

direct jobs per year. This is only a rough estimate because the gas industry is so mutable. Further

complicating this estimate is the fact that the industry definition of full-time is based on working 260 days

(or 2,080 hours per year) even though a very large majority of jobs involved in the drilling phase are not

worked regular hours and employees normally work in multiple locations over the span of a year. The

study also mentions that ―98% of these jobs are required only while wells are being drilled‖ (MSETC,

2009, 5). This and the transient nature of the workforce make satisfying their needs and predicting their

location very difficult.

Direct Workforce at Production Phase

The production phase involves a significantly smaller full-time workforce that is less prone to sudden

changes. The needs assessment study estimates that 0.17 long-term, full-time ―permanent‖ jobs are

required per-well in the production phase. The location of these workers is easier to predict, as production

phase workers are generally located at company offices near well locations.

Pre-Drilling and Reclamation Workforce

The labor requirements during the pre-drilling and reclamation phases are negligible. Most natural gas

studies do not consider the workforce aspects of these phases.


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Comparison between Southern Tier NY and Northern Tier PA

Predicting different ranges of workforce requirements is difficult, but becomes much easier once the

industry begins to develop in a region. Because Marcellus Shale gas development has not begun in New

York, Pennsylvania’s Northern Tier is used to estimate potential impacts for Tioga County. Though

Pennsylvania has different jurisdictional regulations and procedures, the Northern Tier is geographically

similar to New York’s Southern Tier, the regions have similar demographics, and are both underlain with

the Marcellus Shale.

Figure 7.1: Map of Twin Tiers of New York and Pennsylvania. Created by Meghan Jacquet (CUGIR

Data).


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Northern Tier Direct Workforce Requirements

2009 1,292 – 2,153

2011 2,107 – 3,511

2013 3,281 – 5,468

Figure 7.2: Projected Northern Tier direct workforce requirements during drilling and production phases

(MSETC, 2009).

Figure 7.2 summarizes the MSETC’s estimates for direct workforce requirements in Pennsylvania’s

Northern Tier Region. In order for New York’s Southern Tier Region to perform a similar direct

workforce study the number of expected wells to be drilled would have to be known. Direct workforce

estimates can be used to estimate indirect and induced jobs throughout the economy. In Pennsylvania, an

economic league created a multiplier to calculate indirect and induced jobs through the economy.

Creating a multiplier requires very specific information about a community or region to input different

variables to make the multiplier more accurate. New York would have to do a similar economic study to

determine its multiplier.

Education and training

Unlike many industries, natural gas industry requires little formal post-secondary education and trade

certifications. Seventy-five percent of the direct workforce involved in the industry has little formal

education (e.g. college, trades or technical school, or university) and depends instead on experience-

driven skills and knowledge unique to the industry. The MSETC study found ―company respondents

indicated that finding workers with the unique skill sets, knowledge, and work ethic gains from

experience in the gas industry remains a significant barrier to finding adequate local workforces‖

(MSETC, 2009, 6). Understanding the workforce an industry wants will help communities plan for

appropriate education and training programs.

When the gas industry moves into a region non-local workers will fill most industry jobs. This situation

usually changes over time as local workers are hired in greater numbers, but the workforce will always be

majority non-local workers.

The workforce requirements of each phase should be considered. Drilling phase employment is

ephemeral, whereas the production phase employment is more long-term and permanent. A community

should focus its energy on understanding how to prepare its workforce accordingly. Developing and

establishing education and training centers takes time, money, and energy. A county like Tioga needs to

decide where the greatest benefit lies. It makes sense for a community to develop education and training

programs that address not only temporary positions during the drilling phase, but long-term local jobs


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with more lasting benefits and opportunities. Therefore, local education and training centers need to

develop appropriate programs for the local labor force that teach skills associated with the production

phase of gas drilling. Training opportunities are currently offered at established centers like the Marcellus

Shale Education and Training Center at the Pennsylvania College of Technology.


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Chapter 8: Public Safety


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Introduction

This chapter provides information to local public safety departments about the risks of gas drilling. The

chapter also examines the experiences of other communities to provide insight into the challenges that

public safety officials might face in Tioga County.

Gas drilling in the Marcellus Shale represents a new challenge to public safety officials largely due to the

hazardous chemicals and heavy machinery required for fracturing and lateral drilling. Pennsylvania

counties have seen numerous accidents on gas pads and on county and local roads. State and federal

officials can assist local officials by providing ways to report spills.


Public Safety Survey

Chemical Risks for Responding Officers

Fire and Police Coverage in Tioga County

Hydro-fracturing Accidents in the News

Reporting Spills

Public Safety Survey

Survey A

In order to assess the current situation and potential needs of emergency response crews, the Workshop

drafted a survey that was issued March 13, 2010. The survey asked the fire departments, sheriff's offices,

and emergency medical services (EMS) serving Tioga County questions about what facilities and crews

the departments currently have, and where gaps exist in their ability to respond to gas-related

emergencies. TING may administer this survey to collect useful data. This survey is included as Appendix

G.

Survey B

Another survey was drafted to collect information on Bradford, Lycoming, and Susquehanna Counties in

Pennsylvania. Fire, sheriff, and EMS departments were asked to identify where they needed the most

assistance to respond to gas-related emergencies. This Resource Binder also includes a form asking the

departments for current statistics on crime. The data will allow TING to calculate real and percent


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increases in crime from the time before Marcellus drilling occurred and to current time period. This

survey is included as Appendix H.

Unfortunately, only two responses to the surveys were received as of May 2010. Nonetheless, the surveys

are valuable as a model for Tioga Investigates Natural Gas (TING) to gather information on the County’s

public safety sector and crime rates. Administering the survey as an interview will probably yield higher

response rates (and more accurate responses) than administration by mail.

Chemical Risks for Responding Officers

Despite the risks associated with the hazardous chemicals, drilling operations are exempt from

environmental reporting requirements, and their use of chemicals is not controlled as of spring 2010. The

drilling industries are exempt from numerous federal environmental regulations — and the accompanying

reporting requirements and public scrutiny — authorized by such federal laws as the Clean Water Act, the

Clean Air Act, the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA), and the Safe Drinking Water Act (SDWA). Reps.

Diana DeGette (D-CO), John Salazar (D-CO), and Maurice Hinchey (D-NY) introduced legislation, H.R.

7231, on Sept. 29, 2008 to remove the SDWA exemption originally created by the 2005 Energy Policy

Act (www.ombwatch.org, 2008). This bill would require the chemicals used on the hydro-fracturing to be

publicly disclosed; many of which have been found as a hazard to human and environmental health. The

bill is currently in committee.

Many chemicals traditionally used in hydro-fracturing are dangerous to humans and have the potential to

complicate the work of Tioga County's emergency management officials. Because gas companies

currently have no legal obligation to disclose what chemicals they use, it is difficult to prepare for the

possible public safety concerns. "It is like Coke protecting its syrup formula for many of these service

companies," said Scott Rotruck, vice president of corporate development at Chesapeake Energy, the

nation’s largest gas driller, responding to New York State regulators' requests to disclose the chemicals it

uses (ProPublica.org, 2008).

Many companies have threatened to cease drilling operations in the state if regulations are written that

require them to disclose the "recipes" of chemicals used for hydro-fracturing. The gas-service provider

Halliburton told the state of Colorado, "If lawmakers forced the company to disclose its recipes,

[Halliburton] will have little choice but to pull its proprietary products out of Colorado." The company’s

attorneys warned that if the three big hydro-fracturing companies left, they would take some $29 billion

in future gas-related tax and royalty revenue with them over the next decade (ProPublica.org, 2008).

Though the exact nature of the chemical risk is unknown, the risk does exist. The testimony of Theo

Colborn, PhD, President of TEDX, of Paonia, Colorado before the House Committee on Oversight and

Government Reform highlights the potential danger of the chemicals used and calls for disclosure.


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"We had been unable to find any information on the chemical content of waste pits until

we were sent results of a chemical analysis of the residues from six waste pits in New

Mexico. The 51 chemicals that were detected in those pits produced a health pattern even

more toxic than anything we found in the past. Most important is that 43 of the 51

chemicals detected in the pits were not on our list of chemicals being used during natural

gas operations. And 13 of the chemicals were at concentrations above state and federal

safety levels. We found out later that except for those eight chemicals, their study design

did not include testing for the chemicals on our list of what is used during production and

delivery. We also discovered that 84% of the chemicals detected in the pits are on the

CERCLA superfund list. A finding such as this raises a number of questions that only

adequately designed testing requirements and protocols can address – and points out the

need for full disclosure. Data such as this also suggests that eventually, as each pit and

well pad is closed down, it has the potential to become a new superfund site" (Colborn,

2007).

The testimony suggests that increased levels of hazardous materials training for public safety departments

may benefit communities experiencing hydro-fracturing gas development.

Hydro-Fracturing Accidents in the News

This section surveys accidents and spills in communities where hydro-fracturing is occurring. This section

will reveal the types of hazards that first response crews will be exposed to. Making comparisons between

Tioga and other locations must be done carefully for a number of reasons. Tioga County Emergency

Management Officer John Scott cautions that operations in the western United States can differ from

operations in the Marcellus formation. "This is a different risk factor than what is portrayed in the west,‖

Scott said. ―Most western drilling pads have pits for storing used hydro-fracturing water, while many of

the wells in this region place the wastewater in tanks. However, those tanks need to be transported to

disposal facilities, and the Southern Tier is hilly terrain‖ (Smith-Heavenrich, 2009).

Below are gas-related accidents and other public safety issues covered in popular news outlets and press

releases. These stories are meant to help prepare emergency management officials and assist Tioga

County governments in building a case for grant monies for new hires in the public safety sector. This

section is also intended to be a place where new stories on gas drilling accidents in the region can be

added to the Resource Binder to supplement the knowledge of public safety officials.

- In Bradford County more than 800 gallons of a hydrochloric acid spilled in 2009 (Syracuse Examiner).

http://www.examiner.com/x-28020-Natural-Gas-Policy-Examiner~y2009m12d14-In-Bradford-County-

more-than-800-gallons-of-a-hydrochloric-acid-spilled-in-2009

- W.Va. demands details on gas drillers' water use (Elmira Star-Gazette).

http://www.stargazette.com/article/20100311/NEWS11/100311024/W.Va.-demands-details-on-gas-

drillers-water-use


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- County [Bradford] creates public safety director position (Towanda Daily Review)

http://thedailyreview.com/news/gary-wilcox-hired-as-bradford-county-public-safety-director-1.642853

- Questions remain in gas well accident (Towanda Daily Review)

http://thedailyreview.com/news/questions-remain-in-gas-well-accident-1.580356

- Texas mayor offers warning about natural gas drilling (The Ithaca Journal)

http://www.theithacajournal.com/article/20100218/NEWS01/2180426/-

1/news11/Texas+mayor+offers+warning+about+natural+gas+drilling

- Chesapeake, Schlumberger fined for acid spill during fracking (The Ithaca Journal)


1/news11/Chesapeake++Schlumberger+fined+for+acid+spill+during+fracking

-Man killed by fall off Towanda drilling rig (Pittsburgh Post Gazette)

http://www.stargazette.com/article/20100312/NEWS01/100312003/Man-killed-by-fall-off-Towanda-

drilling-rig

- Natural gas fire under control (Pittsburgh Post Gazette)

http://www.post-gazette.com/pg/10090/1046952-100.stm

NOTE: These articles can be found in Appendix I of the binder.

Fire and Police Coverage in Tioga County

Tioga County emergency management officials and municipal leaders will want to be prepared to

effectively respond to an emergency at a gas pad or on the many public roads used to access the gas pads

that wind through the County. Figures 8.1 and 8.2 display the distances to fire stations and police stations,

respectively, in the County, and illustrate the service coverage based on a 3-mile radius from the stations.

The utility of these types of coverage maps include:

Understanding the location of all stations in relation to municipal boundaries and other stations.

Highlighting and potential gaps in service coverage in areas that may be located outside the

multiple 3-mile radii.

Planning for emergencies by overlaying the location of the new gas pads (when they are

eventually drilled) in relation to the location of the fire and police stations. The emergency

management officer will then be able to recognize which gas pads or other related facilities are at

the highest risk based on their distance from emergency response services.

Facilitating conversation between emergency response departments about ways to close potential

coverage gaps, and between local government officials about the coordination of services across

the County.



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The maps in Figures 8.1 and 8.2 should be used as models of the types of maps that can be created by

Tioga GIS and shared with the emergency management officers once gas pads and the supportive

infrastructure are installed.

Figure 8.1: Distances to Fire Stations in Tioga County (Tioga GIS).


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Figure 8.2: Distances to law enforcement agencies in Tioga County (Tioga GIS).


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Reporting Spills

What to do:

Accidental releases of petroleum, toxic chemicals, gases, and other hazardous materials, even in relatively

small amounts, have the potential to endanger public health and contaminate groundwater, surface water,

and soils. Two federal hotlines provide a means of reporting spills.

A spill should be reported if any of the following criteria are met:

The quantity is known to be more than 5 gallons; and

The spill is uncontained and not under the control of the spiller; and

The spill has or will reach the State's water or any land; and

The spill is not cleaned up within 2 hours of discovery.

When reporting a spill the following information is the most important to describe:

The location of the event

The date of the event

The time of the event

Who, if anyone, you interacted with during the event

Photos and videos are effective ways to document observations when accompanied with the date and time

the photo or video was taken. EPA will accept digital copies as well as prints, cassettes, and CD-ROM

disks.

Observations should also include:

Information about the activity taking place, including description of equipment and materials

involved

A description of vehicles (color, type of vehicle, company name or logo, license plate number)

Where material was discharged (physical location and stream name, if known)

Any environmental impacts you see: discoloration, dying vegetation, dead fish or other wildlife

Hotlines

Federal Environmental Protection Agency

EPA ―Eyes on Drilling‖ is designed for citizens to report non-emergency suspicious activity related to oil

and natural gas development. The toll free tip line number is (877) 919-4372. Citizens may also send


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reports by email to [email protected], or send written notes to EPA Region 3, 1650 Arch Street

(3CEOO), Philadelphia, PA 19103-2029. Tips may be provided anonymously.

National Response Center is designed for reports of spills or releases of hazardous material, including oil,

that present an emergency. The toll free number is (800) 424-8802.

New York State Department of Environmental Conservation

New York State Spill Hotline's toll free number is (800) 457-7362.

This hotline connects to the office of the NYSDEC.

Tioga County Soil and Water Conservation District

In addition, the Tioga County Soil and Water Conservation District should also be notified:

183 Corporate Drive

Owego, New York 13827

Telephone: (607) 687-3553 or (607) 687-2240

Fax: (607) 687-9440

Office Hours: 8:00 AM to 4:30 PM




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CHAPTER 9

INFORMATION FOR GAS

COMPANIES

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Chapter 9: Information for Gas Companies


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Introduction

This chapter provides the natural gas industry, and other heavy industries, with information that can

increase the safety of their employees and the citizens of Tioga County. The chapter currently includes

information on hunting in Tioga County that may help workers in remote parts of the County protect

themselves during hunting season. As natural gas and other industrial development progresses in Tioga

County, this chapter will expand as new relevant concerns are made apparent.

Contained in this chapter:

Hunting

o Turkey

o Big Game

o Small Game

Template for Handout to Gas Companies Regarding Safety During Hunting Season

Hunting

Tioga County is famous for its recreational hunting. Many natural gas industry related sites may be near

hunting areas. Providing gas companies with information on local hunting seasons can prevent hunting-

related accidents. This section includes the general dates and rules for hunting seasons in New York State,

followed by a template for a handout that can be distributed to gas companies about the safety of their

personnel during hunting season.

Turkey

The turkey-hunting season in New York is divided into spring and fall. The dates for fall turkey season

vary by region. Check (http://www.dec.ny.gov/outdoor/29461.html) for specific dates. The spring turkey

season is from May 1 to May 31 for all of New York State.

Hunting hours depend on the season. In the spring, hunting hours are one-half-hour before sunrise to

noon. In the fall, hunting hours are from sunrise to sunset.

Big Game

Game: Deer & Bear




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Bowhunting Season: Deer and Bear - The Saturday following the

second Monday in October (Columbus Day)

through the day prior to the opening of the

regular Southern Zone deer season, and 9 days

immediately following the close of the regular

deer season.

Regular Season: Deer - 23 days beginning the third Saturday of

November

Bear, Central-Western - The first Saturday

after the opening of the Southern Zone regular

deer season through the end of the Southern

Zone regular deer season (directly above).

Muzzleloading Season: Muzzleloading season for deer and bear is

―[t]he 9 days immediately following the close

of the regular deer season‖

(NOTE: For deer there may be additional

muzzleloading hunting opportunity at other

times, but the timing and other factors may

vary. Additional information will be available

when licenses go on sale in August.)

Hours: Sunrise-Sunset

(http://www.dec.ny.gov/outdoor/10002.html).

Small Game

Small game includes rabbits, squirrels, and game birds (such as pheasant, grouse, and quail). Seasons vary

depending on animal. Rabbit season is from October to February, and squirrel season is September to

February.

(http://www.dec.ny.gov/outdoor/28634.html)

Template for Handout to Gas Companies Regarding Safety during

Hunting Season

Background:




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Tioga County boasts some of the ―top whitetail deer, wild turkey and small game in New York State‖

(www.visittioga.com). Because the county has numerous wildlife hunting preserves for recreational

hunters, it is important to take the necessary safety precautions when working near hunting grounds

during hunting season.

Hunting Season Periods:

[Each year's dates would be retrieved from the DEC website.]

Turkey: From [insert date] to [insert date]

Big Game (black bear, deer):

1) Bowhunting Season: From [insert date] to [insert date]

2) Regular Season: From [insert date] to [insert date]

3) Muzzleloading Season: From [insert date] to [insert date]

Small Game:

1) Cottontail rabbit: From [insert date] to [insert date]

2) Frogs: From June 15 to September 30

3) Turtles: From July 15 to September 30

4) Pheasant: From [insert date] to [insert date]

5) Ruffed grouse: From [insert date] to [insert date]

6) Squirrel: From [insert date] to [insert date]

Safety Procedures and precautions when working near hunting grounds:

- Wear brightly colored clothing: Make yourself visible by wearing bright colors, such as blaze orange.

Avoid wearing earth-tones.

- Make noise: Alert hunters to your presence by talking, singing or whistling.


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- Make your presence known: If you hear someone shooting, let the hunters know you are in the area by

raising your voice.

- The last two procedures are of little importance to an operating drill pad, as sufficient noise is being

generated 24 hours a day. It is important for surveyors, pipeline inspectors, loggers, and any other

individuals operating by themselves or in very small teams to know the dates of hunting seasons for the

states in which they are operating in and apply proper safety procedures to their given situation.

Hunting Grounds by Municipality:

[To be identified on a municipality-by-municipality basis.]

Important:

Even if a location is not listed as a "hunting ground," it is suggested that you follow the safety procedures

when working in remote locations


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Chapter 10: Conclusion


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This binder is not comprehensive in its coverage. More aspects of gas drilling in the Marcellus Shale need

to be researched. Because of rapidly changing technology, geologic differences across the region, and

changes in energy policy and regulation, natural gas drilling will require constant monitoring by local

governments. There are aspects that may never be understood in their entirety. This chapter identifies the

areas which still need to be examined in order to grasp the potential impact of gas drilling for

communities.

Economic Impacts

The economic impacts associated with drilling in the Marcellus Shale still require analysis. Communities

in economically disadvantaged areas frequently expect drilling to be a great economic boom; however,

the economics of the effects of natural gas exploration on communities is very complex. An economic

analysis must include not only the impact of gas-related investments, but the costs and benefits associated

with the impacts on schools, public health, transportation systems, agriculture, and tourism. As the

development of gas drilling in the Marcellus Shale region continues to grow, it will be pivotal to take into

account, not only the environmental impacts, but also the economic impacts associated with gas drilling, a

summation of both positive and negative factors.

Land Value

The effect of gas drilling on houses and land values in the communities needs to be examined. The

complexities and nuances of lease agreements regarding land use, mineral rights, royalties, and property

owner rights can greatly impact land values. Large scale gas development can raise or lower land values;

a likely outcome is that gas development could both raise and lower land values on a case by case basis.

Securing favorable lease agreements and staying informed about local gas development is important to

protecting and maximizing the value of homes and land in an uncertain future.

Housing

As the gas industry and its workers come into municipalities, housing will become an issue. Most

immediately, the question of where the temporary employees would reside needs to be answered. Rent

may increase as gas workers compete for the limited existing rental units. This may eventually displace

long-term renters (residents) of Tioga. The permitting and construction of accessory dwelling units (in

attics or above garages) may create the necessary temporary housing Tioga will need and create some

income for existing residents. In addition, the location and regulation of man camps (temporary/semi-

permanent worker housing) will need to be considered.

Taxation

More research will be required on how drilling-related activities will be taxed. Increased tax revenue from

new industrial activity is a potential boon for schools, roads, and other public services and infrastructure.


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A thorough study of taxation and the Marcellus Shale should examine state and county tax policies that

will affect municipal powers of taxation. A major potential issue is whether gas should be taxed under

severance taxes, which accrue to the state, or property taxes, which accrue to municipalities.

Public Sector Capacity

The demands placed upon the public sector by gas drilling will likely exceed the current capacity of local

governments in terms of both staffing and funding. Municipalities may need to seek an increase in

budgets. They can apply for outside grant funding or request assistance from drilling companies.

Communities may not be prepared to deal with the pace of development. They will likely need more staff

to improve communications between departments, listen to citizens’ concerns, provide information for the

industry, fulfill state requests, respond to emergencies, and develop plans.

Fees Charged by Municipality

This Binder contains a number of ordinances and suggested fees. Fee amounts need to be reviewed and

revised by each municipality when ordinance adoption is considered. To determine more appropriate fees,

municipalities should do further research for proposed and existing ordinances. Additionally, existing fees

for services currently provided should be examined. Gas industry researchers may stress municipalities

with requests for copies and GIS data. The County and municipalities should examine what fees are

currently charged and determine – before drilling begins – whether they cover the costs of the effort

associated with photocopying, assembling the data, etc. Usually, municipalities don’t ―revisit‖ fees on a

regular basis, even though salaries, printing costs, postage, etc., rise on an annual basis.

Regional Impacts

Drilling is already affecting Tioga County indirectly, and the impact of development external to the

County will only increase. Tioga County may develop certain contracts with companies that deal with

road usage, but local governments should be aware that these roads may be accessible and used by

companies that are drilling outside of Tioga. Multilateral, cross-county/municipality agreements for road

and other uses should be researched.

Roads

Municipalities and counties throughout the Southern Tier and the Northern Tier of Pennsylvania are

currently in the process of planning for and reacting to the costs associated with road damages from wind

and natural gas industry activities. It is therefore strongly recommended that municipal officials and

highway superintendents continually seek out developments that will help them better prepare for

increased road use and repair costs. This could be as simple as performing searches on the Internet for

such key phrases such as ―road ordinances New York‖ or ―road use agreements New York‖, etc. Using the

results of such searches, local public officials and industry professionals can be identified and contacted

for further information.


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Chapter 11: Resources and References


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This chapter highlights useful resources on the Marcellus Shale and cites works referred to in the

Resource Binder. The first half of this chapter describes websites that can be useful to municipalities and

landowners. These websites contain general and specific information related to gas drilling. Resources

that are mentioned throughout the text, such as the dSGEIS, are also included here.

The second half of the chapter lists works referred to in the Binder. These references are drawn from a

variety of sources including websites, reports, interviews, etc. References are organized by Binder

chapters. Some internal citations refer to interviews. These interviews are listed in Appendix A.

Useful resources on the Marcellus Shale and gas drilling

a. New York State Department of Environmental Conservation

a. http://www.dec.ny.gov/energy/205.html

a. Information about oil and gas drilling in NY

a. Oil and gas production data

b. Well owner information center

c. Environmental protection during drilling

d. Geographic information on NYS wells and mines

b. http://www.dec.ny.gov/energy/46288.html

a. Map of Marcellus Shale Formation

b. General information on Marcellus Shale and gas development

c. Updates on Federal Safe Drinking Water Act, Emergency Planning, and Community

Right-to-Know Act

d. Draft Supplemental Generic Environmental Impact Statement (dSGEIS) for horizontal

drilling and hydraulic fracturing

b. Pennsylvania State Department of Environmental Protection

a. http://www.dep.state.pa.us/dep/deputate/minres/oilgas/new_forms/marcellus/marcellus.htm

a. Information on the Marcellus Shale for landowners and oil & gas industry



http://www.dep.state.pa.us/dep/deputate/minres/oilgas/new_forms/marcellus/marcellus.htm


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c. Cornell Cooperative Extension Natural Gas Development Resource Center

a. http://cce.cornell.edu/Community/NaturalGasDev/Pages/default.aspx

a. Information on the Marcellus Shale from a variety of sources, including academic

research, industry analysis, local government officials and citizens

a. About the Marcellus Shale

b. Community task forces

c. Landowner information

d. Business and industry resources

e. The Marcellus Shale and the environment

f. The Marcellus Shale and the economy

g. Cornell Marcellus Shale team

d. Penn State Cooperative Extension- Natural Gas and Marcellus Shale

a. http://naturalgas.extension.psu.edu/

a. Natural gas impacts

a. Penn State Cooperative Extension's educational and research materials about

Marcellus Shale, natural gas, and how it may affect the Commonwealth

e. Pennsylvania College of Technology- Marcellus Education and Training Center

a. http://www.pct.edu/msetc/

a. Central resource for workforce development and community education needs related to

Marcellus Shale gas

a. Needs assessment on Marcellus Shale

f. New York State Energy Plan

a. http://www.nysenergyplan.com/stateenergyplan.html

http://cce.cornell.edu/Community/NaturalGasDev/Pages/default.aspx

http://naturalgas.extension.psu.edu/

http://www.pct.edu/msetc/

http://www.nysenergyplan.com/stateenergyplan.html


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a. Objectives, strategies, assessments, briefs, and supporting documents on NYS energy

plan

g. Tioga Investigate Natural Gas (TING)

a. http://tiogacountyny.com/ting/

a. Information regarding natural gas drilling:

a. Potential issues and opportunities

b. TING press release

c. NY state legislative updates

d. Maps

e. County task forces overview

h. Tioga County Landowners Group

a. http://www.tiogagaslease.org/

a. A landowner’s coalition for residents of Tioga County. Emphasis on lease strengthening

and protection of private resources while drilling for natural gas in the Marcellus Shale

i. Oil and Gas Journal

a. http://www.ogj.com/index.html

a. Contains industry specific, data intensive publication on oil and gas related subjects

j. Shaleshock Alliance

a. http://www.shaleshock.org/

a. Shaleshock Action Alliance is a movement that works toward protecting local

communities and their environment from exploitative gas drilling in the Marcellus Shale

region. Shaleshock is an alliance of working groups that include people who have signed

leases, not signed leases, who have been compulsorily integrated, and people who don’t

own land.

k. Geology.com

a. http://geology.com/articles/marcellus-leases-royalties.shtml

a. Provides dozens of links to relevant sites such as gas leasing forums, job opportunities,

drilling company web sites, and video presentations.

http://tiogacountyny.com/ting/

http://www.tiogagaslease.org/

http://www.ogj.com/index.html

http://www.shaleshock.org/

http://geology.com/articles/marcellus-leases-royalties.shtml


196


l. CNY Land Coalition

a. http://www.cnylandcoalition.org/drupal/

a. The Coalition represents 3 central New York Counties.

m. Marcellus Shale Coalition

a. http://www.pamarcellus.com/

a. Describes Marcellus Shale in development through 4 stages

a. Process

a. Discusses the production process, leasing, exploration, drilling, casting a well,

fracture stimulations, and information on well pad restoration.

b. Protection

a. Overviews on common environmental concerns.

c. Opportunity

a. Describes the economic development and opportunities that follows the industry.

d. Community

a. Overviews the Marcellus Shale Coalition and its commitment to community, land

owners, and targeting local needs.

n. Twin Tiers Help Wanted

a. http://regionalhelpwanted.com/twin-tiers-jobs/

a. Provides employment opportunities in the Twin Tiers area of New York and

Pennsylvania.

References

Drilling Process Overview

1. Jacquet, Jeffery (2009) Boomtowns and Natural Gas: Implications for the Marcellus

Shale, Local Governments, and Rural Communities. NERCRD Rural Development Paper

#43. Penn. State University

Intergovernmental Communications

1. Department of Environmental Conservation. (2009). DEC Proposes New Safety

Measures, Mitigation Strategies to Govern Potential Marcellus Shale Drilling.

Retrieved on April 15, 2010 from http://www.dec.ny.gov/press/58472.html

2. Department of Environmental Conservation. (2010). Effect of Federal Safe Drinking

Water Act, Clean Water Act and Emergency Planning and Community Right-to-

Know Act. Retrieved on April 14, 2010 from


http://www.cnylandcoalition.org/drupal/

http://www.pamarcellus.com/

http://regionalhelpwanted.com/twin-tiers-jobs/

http://www.dec.ny.gov/press/58472.html



197


3. Howell, K. (2010). EPA begins study of fracturing’s effects on water supplies. New

York Times. Retrieved on April 15, 2010 from

http://www.nytimes.com/gwire/2010/03/18/18greenwire-epa-begins-study-of-

fracturings-effects-on-wat-76992.html?scp=3&sq=hydraulic%20fracturing&st=csell

Environment

1. New York State Department of Environmental Conservation. (2010). Critical

Environmental Areas. Retrieved February 2010, from New York State Department of

Environmental Conservation: http://www.dec.ny.gov/permits/45500.html

Defines Critical Environmental Areas (CEAs) and the 4 criteria for CEA

designations. Provides background information regarding animals, plants, aquatic

life and environmental policies in New York State.

2. Weaver, J. (April 8, 2009). Planning Commision. Retrieved January 25, 2010, from Tioga

County, Pennsylvania: http://www.seda-cog.org/tioga/cwp/view.asp?A=903&Q=431441

Contains the goals of zoning in Tioga County in PA. Lists important factors that

are considered when implementing county-wide zoning and ordinances, which is

part of the Tioga County Comprehensive Plan. Tioga County Planning

Commission plans to introduce zoning to towns and villages that do not currently

have zoning. Discusses the pre-emption clause in the Oil & Gas Act of 1984 that

prevents the county from implementing ordinances that specifically address the

natural gas industry.

3. City of Fort Worth, Texas

Zoning guidelines for industrial districts- City of Fort Worth, Texas. (n.d.). Fort

Worth Zoning Ordinance. Retrieved February 10, 2010, from Fort Worth:

http://www.fortworthgov.org/zoning/section_243016655453.html

Regulation on distribution line and natural gas compressor stations in Fort Worth,

Texas- City of Fort Worth, Texas. (n.d.). Development Regulations. Retrieved

March 1, 2010, from Fort Worth:

http://www.fortworthgov.org/planninganddevelopment/misc.aspx?id=57932

Contains Fort Worth's ordinances on noise, tree preservation, and zoning- City of

Fort Worth, Texas. (n.d.). Ordinances. Retrieved February 20, 2010, from Fort

Worth: http://www.fortworthgov.org/zoning/section_243017041859.html

4. Chalk, J. A. (2009). Light, Noise, Vibration- Nuisance? Retrieved February 20, 2010,

from Basin Oil & Gas: http://www.fwbog.com/index.php?page=article&article=15

Describes how a Texas court defined drilling as a nuisance. In Texas complaints

of interference or invasion must be found by an appropriate court to be (1)

negligent, or (2) intentional or unreasonable, or (3) abnormal and out of place in

http://www.nytimes.com/gwire/2010/03/18/18greenwire-epa-begins-study-of-fracturings-effects-on-wat-76992.html?scp=3&sq=hydraulic%20fracturing&st=csell

http://www.nytimes.com/gwire/2010/03/18/18greenwire-epa-begins-study-of-fracturings-effects-on-wat-76992.html?scp=3&sq=hydraulic%20fracturing&st=csell


http://www.fortworthgov.org/planninganddevelopment/misc.aspx?id=57932



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its surroundings. It takes one of these three kinds of conduct - negligent or

intentional or abnormal - for a nuisance to be found. This kind of interference or

invasion must also substantially interfere with the complainant’s private use and

enjoyment of the property in question and must cause injury to the complainant.

5. General Code. (2009). E-Codes - Municipal Codes on the Internet. Retrieved February

20, 2010, from General Code: http://www.generalcode.com/Webcode2.html

An online database of municipal codes. Ordinances can be searched by county or

municipality.

6. Tompkins County Council of Governments. (n.d.). Gas Drilling Information. Retrieved

February 20, 2010, from Tompkins County Council of Governments:

http://www.tompkins-co.org/legislature/TCCOG/

Tompkins County Council of Governments' minutes from meetings. Links to

resources and presentations on gas drilling.

7. US Government. (n.d.). US Law. Retrieved February 20, 2010, from Justia.com:

http://law.justia.com/index.html

Site on New York State codes.

8. New England Light Pollution Advisory Group. (n.d.). The New England Light Pollution

Advisory Group. Retrieved February 20, 2010, from NELPAG:

http://www.cfa.harvard.edu/nelpag/nelpag.html

This is the new website of NELPAG

9. Memtech: http://www.memtechacoustical.com/facts.asp

10. Unger Technologies Inc.: http://www.enoisecontrol.com/default.asp

11. Noise Pollution Clearinghouse : http://www.nonoise.org/

- A national non-profit organization with extensive online noise related resources

Noise Ordinances: http://www.nonoise.org/lawlib/cities/cities.htm

12. DEC Report: http://www.dec.ny.gov/docs/permits_ej_operations_pdf/noise2000.pdf

13. EPA Definition of Noise Pollution: http://www.epa.gov/air/noise.html

14. The Right to Quiet Society: http://www.quiet.org/index.htm

15. US Department of Transportation:


16. http://www.fhwa.dot.gov/environment/visql/visql04.htm

17. http://www.fhwa.dot.gov/environment/noise/handbook/09.htm

http://www.memtechacoustical.com/facts.asp

http://www.enoisecontrol.com/default.asp

http://www.nonoise.org/

http://www.nonoise.org/lawlib/cities/cities.htm

http://www.dec.ny.gov/docs/permits_ej_operations_pdf/noise2000.pdf

http://www.epa.gov/air/noise.html

http://www.quiet.org/index.htm





199


18. Source: http://www.fhwa.dot.gov/environment/noise/handbook/05a.htm

19. http://www.fhwa.dot.gov/environment/noise/design/4.htm

.

Water Quality

1. Arthur, D. (2008). Hydraulic Fracturing Considerations for Natural Gas Wells of the

Marcellus Shale. 2008: ALL Consulting

Examines history and evolution of hydraulic fracturing, including environmental

and regulatory considerations.

2. Augenstern, R. (2008). Observations concerning the role of local government in relation

to natural gas exploration and production in the Marcellus Shale in the southern tier east

region of New York State. Binghamton: Southern Tier East Regional Planning

Development Board

Explores the various roles which local government may play in responding to

issues that may emerge in the exploration for and development of the natural gas

resources of the Marcellus Shale formation.

3. Environmental Protection Agency. (2007). Data sondes. Retrieved April 10, 2010 from


4. Environmental Protection Agency. (2010). Clinton Street Ballpark Aquifer System.

Retrieved April 10, 2010 from

http://www.epa.gov/region02/water/aquifer/clinton/fr_clint.htm

5. Johnson, D. (2000). A Template for Preparing Wellhead Protection Plans for Municipal

Wells. Wisconsin Dept of Natural Resources.

Describes the steps involved in creating a wellhead protection plan.

6. William Kappel, personal communication, February 17, 2010

7. Murphy, S. (2007). BASIN water quality terminology. Retrieved April 10, 2010 from

http://bcn.boulder.co.us/basin/natural/wqterms.html.

8. NOAA, Office of Ocean Exploration and Research. (February 24, 2006). NOAA.

Retrieved April 28, 2010, from Ocean Explorer:


Explains the use of different water monitoring systems such as sondes and CTD.

9. Penningroth, S. (2009). Documenting Contamination of Private Water Supplies by Gas

Well Drilling in New York State. Retrieved on April 15, 2010 from

http://www.communityscience.org/gaswells.html

http://www.fhwa.dot.gov/environment/noise/handbook/05a.htm

http://www.fhwa.dot.gov/environment/noise/design/4.htm


http://www.communityscience.org/gaswells.html


200


10. Reynolds, R. (2003). USGS. Retrieved April 28, 2010, from Hydrogeology of the

Waverly-Sayre area in Tioga and Chemung Counties, New York and Bradford County,

Pennsylvania: http://ny.water.usgs.gov/pubs/of/of02284

Summarizes the hydro-geology of a 135 sq. mi. area in Waverly in a set of 5

maps and geologic sections.

11. Ritter, M. (2006). The Physical Environment: an Introduction to Physical Geography.

Retrieved April 28, 2010, from

http://www.uwsp.edu/geo/faculty/ritter/geog101/textbook/title_page.html

Contains extensive information of physical geology through the use of text,

image, audio, and video.

12. USEPA. (August 28, 2009). Retrieved April 28, 2010 from Region 2 Water: Sole Source

Aquifers: http://www.epa.gov/region02/water/aquifer/

Explains the purpose of sole source aquifers.

13. USEPA. (August 8, 2007). USEPA: New England Wadeable Streams (NEWS). Retrieved

April 28, 2010. from Data Sondes:


Explains the usage of data sondes and their significance to biological ecosystems.

14. USEPA.gov. Retrieved April 2, 2010, from

http://www.epa.gov/owow/nps/ordinance/mol7.htm

Includes the EPA Model Groundwater Overlay District Ordinance. This provides

the language for establishing overlay zones.

15. U.S. Geological Survey. (2010). Common water measurements. Retrieved from

http://ga.water.usgs.gov/edu/characteristics.html.

Roads

1. Armendariz, A., & Alvarez, R. (2009). Emissions from a natural gas production in the

Barnett Shale Area and opportunities for cost effective improvements. Austin, Texas:

Environmental Defense Fund.

The objectives of this study were to: (1) estimate emissions of volatile organic

compounds, nitrogen oxides, hazardous air pollutants, methane, carbon dioxide,

and nitrous oxide [from drilling activities in the Barnett Shale region; (2)

evaluate the current state of regulatory controls and engineering techniques used

to control emissions from the oil and gas sector in the Barnett Shale; (3) identify

http://ny.water.usgs.gov/pubs/of/of02284

http://www.uwsp.edu/geo/faculty/ritter/geog101/textbook/title_page.html

http://www.epa.gov/region02/water/aquifer/



201


new approaches that can be taken to reduce emissions from Barnett Shale

activities; and (4) estimate the emissions reductions and cost effectiveness of

implementation of new emission reduction methods

2. Bruno, L. (March 18, 2010). Schoharie County Planning and Development. Retrieved

April 3, 2010, from Scoharie County Web Site: http://www.schohariecounty-

ny.gov/CountyWebSite/Planning/ModelRoadPreservationLaw.pdf

This is a model road preservation ordinance drafted by Scoharie County Senior

Planner Lillian Bruno.

3. Messmer, S. (March 29, 2010). Engineer. (M. Roberts, Interviewer)

This was a non-formal interview of Steve Messmer and his associate Robert

Harner. Both are engineers for Delta Engineers of Endicott, NY, and have worked

extensively with drafting road use agreements and road protection ordinances for

municipalities and counties

4. Messmer, P. (March 26, 2010). Marcellus Shale Drilling and Protecting Your Roads.

5. Michigan Technological University. (n.d.). School of Forest Resources and

Environmental Science: Class Forms and Documents. Retrieved March 20, 2010, from

Michigan Technological University: School of Forest Resources and Environmental

Science Home: http://ferm.mtu.edu/resources.php#f

This is a model road use agreement drafted by Michigan Technological

University's School of Forest Resources and Environmental Science.

6. Orr, D. (March 3, 2010). Senior Engineer of Cornell Local Roads Program. (M. Roberts,

Interviewer)

Interview about the services provided by the Cornell Local Roads Program.

7. Orr, D. (January 20, 2010). Municipal Officials' Information: Preserving Municipal

Roads: What are Your Options? Retrieved February 19, 2010, from Cornell Cooperative

Extension: Community and Economic Vitality:

http://cce.cornell.edu/Community/NaturalGasDev/Pages/MunicipalOfficials'Information.

aspx

This is a PDF version of a power point presentation that David Orr gave at New

York State's County Highway Superintendents Association winter meeting

8. Town of Poulteney Building Department. Retrieved February 21, 2010, from Town of

Poulteney: http://www.poulteneyny.com/downloads/building/Zoning%20Regulations.pdf

A complete listing of ordinances and codes for the Town of Poulteney.

Public Safety

http://www.schohariecounty-ny.gov/CountyWebSite/Planning/ModelRoadPreservationLaw.pdf

http://www.schohariecounty-ny.gov/CountyWebSite/Planning/ModelRoadPreservationLaw.pdf

http://ferm.mtu.edu/resources.php#f

http://cce.cornell.edu/Community/NaturalGasDev/Pages/MunicipalOfficials'Information.aspx

http://cce.cornell.edu/Community/NaturalGasDev/Pages/MunicipalOfficials'Information.aspx


202


1. Colborn, T. (October 31, 2007). Written testimony of Theo Colborn, PhD, President of

TEDX, Paonia, Colorado before the House Committee on Oversight and Government

Reform, hearing on The Applicability of Federal Requirements to Protect Public Health

and the Environment from Oil and Gas D. Retrieved March 10, 2010, from

www.ombwatch.org:

http://s3.amazonaws.com/propublica/assets/natural_gas/colburn_testimony_071025.pdf

2. Crompton, J. (March 31, 2010). Natural gas fire under control . Retrieved April 4, 2010,

from Pittsburgh Post-Gazette: http://www.post-gazette.com/pg/10090/1046952-100.stm

News article on how Washington County handled a natural gas fire.

3. Loewenstein, J. (February 26, 2010). Gary Wilcox hired as Bradford County public safety

director. Retrieved March 10, 2010, from Towanda Daily Review:


News article stating the frequency of gas well related accidents.

4. Lustgarten, A. (November 13, 2008). Buried Secrets: Is Natural Gas Drilling

Endangering U.S. Water Supplies? Retrieved March 10, 2010, from ProPublica.org:

http://www.propublica.org/feature/buried-secrets-is-natural-gas-drilling-endangering-us-

water-supplies-1113

Comprehensive report outlining the established underground dangers of natural

gas drilling

5. Noell, N. (December 14, 2009). In Bradford County more than 800 gallons of a

hydrochloric acid spilled in 2009. Retrieved March 10, 2010, from Natural Gas Policy

Examiner: http://www.examiner.com/x-28020-Natural-Gas-Policy-

Examiner~y2009m12d14-In-Bradford-County-more-than-800-gallons-of-a-hydrochloric-

acid-spilled-in-2009

News article showing statistics of hydrochloric acid spills in Bradford County.

6. Smith-Heavenrich, S. (April 9, 2009). Tioga County EMS and Fire Prepare for Gas

Drilling. Retrieved March 10, 2010, from Tiogagaslease.org:

http://www.tiogagaslease.org/images/BVW_09_04_09.pdf

News article describing how Tioga County is preparing for EMS and fire

emergency that can arise from gas drilling.

7. Stargazette. (December 3, 2010). Man killed by fall off Towanda drilling rig . Retrieved

March 15, 2010, from The Elmira Star Gazette:

http://www.stargazette.com/article/20100312/NEWS01/100312003/Man-killed-by-fall-

off-Towanda-drilling-rig

News article describing an accident that occurred in a drilling rig.

8. Wilber, T. (February 18, 2010). Texas mayor offers warning about natural gas drilling.

Retrieved March 12, 2010, from The Ithaca Journal:

http://s3.amazonaws.com/propublica/assets/natural_gas/colburn_testimony_071025.pdf



http://www.propublica.org/feature/buried-secrets-is-natural-gas-drilling-endangering-us-water-supplies-1113

http://www.propublica.org/feature/buried-secrets-is-natural-gas-drilling-endangering-us-water-supplies-1113

http://www.examiner.com/x-28020-Natural-Gas-Policy-Examiner~y2009m12d14-In-Bradford-County-more-than-800-gallons-of-a-hydrochloric-acid-spilled-in-2009



http://www.tiogagaslease.org/images/BVW_09_04_09.pdf

http://www.stargazette.com/article/20100312/NEWS01/100312003/Man-killed-by-fall-off-Towanda-drilling-rig

http://www.stargazette.com/article/20100312/NEWS01/100312003/Man-killed-by-fall-off-Towanda-drilling-rig


203



1/news11/Texas+mayor+offers+warning+about+natural+gas+drilling

News article on Calvin Tillman, Mayor of Dish, Texas, talking about the town’s

experiences with gas drilling.

Workforce

1. Marcellus Shale Education & Training Center (MSETC). (2009). Marcellus Shale Workforce

Needs Assessment. Williamsport: Pennsylvania College of Technology.

http://www.theithacajournal.com/article/20100218/NEWS01/2180426/-1/news11/Texas+mayor+offers+warning+about+natural+gas+drilling

http://www.theithacajournal.com/article/20100218/NEWS01/2180426/-1/news11/Texas+mayor+offers+warning+about+natural+gas+drilling


204



205

Appendix

Appendix

R


207

Appendix A: Interviewees and Speakers

Appendix A: Interviewees and Speakers

Below is a list of interviews conducted by the Workshop and speakers who came to the class.

Interviewee/ Speaker Date Phone Email Organization

Andy Fagan1/28/2010

2/13/[email protected]

TING Steering Committee/ Cornell

Cooperative Extension

Elaine Jardine 2/11/2010 [email protected] Tioga County Planning Department

Brian Davis 2/13/2010 [email protected], PA County Planning

Department

Kevin Millar 2/13/2010 [email protected] TING Environmental Subcommittee

George Franz 2/13/2010 [email protected] City and Regional Planning

Department

Anthony Ingraffea2/18/2010

3/11/2010(607) 255-3336 [email protected] Cornell School of Engineering

Susan Christopherson 2/23/2010 [email protected] City and Regional Planning

Department

Mike Atchie 3/4/2010 (607) 846-3143 [email protected] energy, former

Binghamton planner

Brad Gill 3/4/2010 (716) 627-4250 [email protected] IOGA NY: Executive Director

CCE Regional Task

Force Meeting 3/4/[email protected] Cornell Cooperative Extension

Gary Howard 3/8/2010 (607) 687-1010 Tioga County Sheriff

Richard LeCount 3/8/2010 (607) 687-2023 [email protected] Emergency Management

Director

John Scott 3/8/2010 (607) 687-8467 [email protected] Fire Coordinator

David Orr 3/8/2010 [email protected] Cornell Local Roads Program

Helen Slottje 3/11/2010 (270) 677-5935 Attorney

Rod Howe 3/12/2010 (607) 255-2170 [email protected] Cornell Cooperative Extension

Wendy Walsh and

Brooke Eiche3/24/2010

[email protected]

[email protected] Environmental Subcommittee

Dan Trantham 4/1/2010 (479) 785-3524 Eagle One Transportation

Debra Nelson 4/1/2010 (518) 485-5479 NYS Department of Transportation

John Martin 4/5/2010(518) 862-1090

[email protected] NYSERDA

Robert Harner and

Steven Messmer4/5/2010 [email protected]

Delta Engineers, Architects, and Land

Surveyors

TING Steering

Committee4/16/2010

[email protected] Steering Committee

Ron Dougherty 4/19/2010 [email protected] TING Steering Committee

Berkshire Town Board

Meeting 4/19/2010 (207) 657-8678Berkshire Town Board


208

Appendix B: New York State Water Quality Standards


209



OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW

YORK

TITLE 10.DEPARTMENT OF HEALTH

CHAPTER III.PUBLIC WATER SUPPLIES

SUBCHAPTER C. WATER SUPPLY SOURCES

PART 170. SOURCES OF WATER SUPPLY

Current through February 15, 2010.

* Section 170.4.* Standards of raw water quality.

Every source of water supply to which this Part is applicable shall meet the standards of quality

hereinafter set forth and shall be protected from and free of contamination.

Items & Specifications

1. Floating solids: None attributable to sewage, industrial wastes or other settleable solids, wastes, oil,

sludge deposits, or tastes or odor producing substances

2. Sewage or waste: None which are not effectively disinfected.

3. pH: Range between 6.5 and 8.5.

4. Dissolved oxygen: For trout waters, greater than 5.0 parts per million; for nontrout waters greater than

4.0 parts per million.

5. Toxic wastes, oil: None alone or in combination with other substances or deleterious wastes in

sufficient amounts or at such temperatures substances, colored as to make the waters unsafe or unsuitable

as a source or other wastes or of water supply for drinking, culinary or food heated liquids processing

purposes. Provided further, that the concentration or quantity of the constituents or characteristics

hereinafter set forth shall not exceed the allowable limits established therefore.

Constituent or characteristic Allowable Units

Turbidity 5 units

Microbiological

Coliform organism 50 per 100 ml.

Inorganic chemicals (Concentration in mg/1)

Ammonia (NH2) <2.0

Arsenic (As) 0.05

Barium (Ba) 1.0

Boron (B) 1.0

CCE 0.2


210


Cadmium (Cd) 0.01

Chloride (Cl) 250.

Chromium (Hexavalent) (Cr+6) 0.05

Copper (Cu) <0.2

Cyanide (CN) <0.1

Flouride (F) <1.5

Lead (Pb) 0.05

Mercury (Hg) 0.005

Nitrates (NO3) + Nitrates (NO2) 10.

Selenium (Se) 0.01

Silver (Ag) 0.05

Sodium (Na) <20.

Sulfate (SO4) 250.

Total dissolved solids 500.

Uranyl ion <5.0

Zinc (Zn) <0.3

Organic Chemicals (Concentration in mg/1)

Organic nitrogen 0.5

Oxygen consumed 2.0

Phenols 0.001

Pesticides

Aldrin 0.007

Chlordane 0.003

DDT 0.042

Dieldrin 0.017

Endrin 0.001

Heptachlor 0.013

Heptachlor epoxide 0.013

Herbicides 0.1

Lindane 0.053

Methoxychlor 0.065

Organic phosphates + carbamates 0.1

Toxaphene 0.005

Radioactivity (Concentration in pc/1)

Gross beta 1000.

Radium-226 3.

Strontium-90 10.


211

Appendix C: USGS Baseline Testing Constituents


(William Kappel, USGS, Email exchange on Feb 17, 2010)


212


[Abbreviations: NWQL, U.S. Geological Survey National Water Quality Laboratory; RDGL, Reston

Dissolved Gas Laboratory; GC, Gas chromatography; FID, Flame Ionization Detector; TCD, Thermal

Conductivity Detector; RSIL, Reston Stable Isotope Laboratory; TDS, total dissolved solids; DIC,

dissolved inorganic carbon.]


213

Appendix D: Costs of baseline testing at Community Science Institute, Inc. in Ithaca, NY

Appendix D: Costs of baseline testing at Community Science

Institute, Inc. in Ithaca, NY

Tests for acid:

pH $10

Alkalinity $16

Tests for brine:

Total dissolved solids $15

Chloride $18

Conductivity $10

Ammonia-nitrogen $14

Tests for bulk chemicals in drilling mud:

Chemical oxygen demand (COD) $20

Total suspended solids $15

Turbidity $10

Biological oxygen demand (BOD) Redundant

Test for oil and grease:

Oil and grease optional

Tests for fracking fluid additives:

Methylene Blue Active Substances (MBAS)

(surfactants) $25

Chemical oxygen demand (COD) $20

Volatile Organic Compounds (VOCs) Optional


214

Appendix D: Costs of baseline testing at Community Science Institute, Inc. in Ithaca, NY

Tests for underground chemicals released by drilling and hydraulic fracturing:

Total hardness $16

Calcium hardness $16

Barium, iron, manganese, arsenic (subcontract) $52

Gross alpha and beta radioactive particles (NORMs) (subcontract) $50

Methane (natural gas) and ethane (subcontract) $90

Chloride, conductivity (from underground pockets of brine) $18

Tests for contamination due to inadequate aquifer protection while drilling:

Total coliform and E. coli bacteria Optional

Total suspended solids, turbidity $15

Sample processing and shipping

Flat rate to process samples for subcontracting

to three other labs $25

Cost to ship samples to subcontracted labs for

analyses $25

Cost of Tests Performed by Community Science Institute, Inc Lab: $185

(Volume discounts are available)

Cost of tests sub-contracted by CSI to other labs: $242

Total Cost of Baseline Tests: $427

(Source: Community Science Institute fact sheet)


215

Appendix E: Example Road Preservation Law


This road preservation law came from the Town of Berkshire and was implemented in April of 2005.

MODEL ROAD PRESERVATION LAW

TOWN OF ______________

ROAD PRESERVATION LOCAL LAW

[DATE]

Section I – Purpose

Section II – Applicability

Section III – Definitions

Section IV – General Provisions

Section V – Fees

Section VI – Appeals

Section VII – Request for Variance

Section VIII – Invalid Segment

Section IX – Effective Date

Attachment A – Road Preservation Local Law Worksheet

1. PURPOSE

The purpose of this law is to maintain the safety and general welfare of Town residents by

regulating commercial activities that have the potential to adversely affect road right-of-ways.

Well maintained roads are important to the economic well being of the Town. Commercial

endeavors, such as timber harvesting and mining, are also economically beneficial. This law is not

intended to regulate such business: the intent is to protect the public right-of-ways from damage.

The Town Board of the Town of Berkshire hereby enacts the following Road Preservation Local


216


Law pursuant to the provisions of the Municipal Home Rule Law‖.

2. APPLICABILITY

The Berkshire Town Board delegates to the Berkshire Highway Superintendent the oversight of

assuring commercial activities do not have an adverse impact on public right-of-ways.

3. DEFINITIONS

1. Specific Contracted Activity: Commercially contracted activities between Town landowners

and commercial contractors that could impact Town road right-of- ways.

2. Bond: A commercial bond to ensure that the condition of the town roads impacted by the job is

left in as good or better condition at the completion of the job as they were at the start of the job.

3. Road Preservation Local Law Worksheet (Appendix A): Worksheet is to be completed by the

owner or contractor, summarizing the job, site location, start and completion dates, expected max

gross vehicle weight used for the contract, and any other items that the Town Highway

Superintendent deems necessary.

4. Preliminary Bond Release: A bond release given by the Town Highway

Superintendent based on satisfactory job site status at job completion.

5. Final Bond Release: Final release of the Bond by the Berkshire Town Board.

4. GENERAL PROVISIONS

1. Prior to the start of any contracted activity that could have an impact on Town right-of-ways, a

permit must be obtained. A bond amount shall be determined by the Town Board and will be

listed on the fee schedule on file with the Berkshire Town Clerk. The amount of the bond may be

changed by the Town Board by Resolution. A completed Road Preservation Local Law (RPLL)

Worksheet (Attachment A), available from the Town Clerk or Town Highway Superintendent,

must be submitted to the Highway Superintendent.

2. The Highway Superintendent will decide if the scope of work is such that a Bond is required. If

no Bond is needed, the RPLL worksheet is approved by the Superintendent and becomes the

Work Permit.

3. If the Highway Superintendent determines that a Bond is required, the bond must be paid to the

Town of Berkshire and remitted to the Town Supervisor. The Worksheet will then be approved by


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the Highway Superintendent and becomes the Work Permit.

4. Upon completion of the contract, the contractor will apply to the Highway Superintendent for a

Preliminary Bond Release. Upon inspection of the work site, as necessary, the Highway

Superintendent may approve the release of the Bond. If the release is not approved, the

Superintendent will specifically document the tasks that must be accomplished in order for the

Bond to be released. In this case, the Contractor will remedy the specified problem(s) items and

then reapply for a Bond Release. Final Bond Release must be approved by the Town Board for re-

payment of the Bond funds.

5. If contractor does not comply and operates outside the parameters as specified on the

worksheet, any law enforcement officer or Code Enforcement Officer has the authority to shut

down the operation.

6. The landowner will be responsible for the repair of any damages that occur to the Town of

Berkshire road right-of- ways, when a project proceeds without a proper permit.

5. FEE

A non-refundable processing fee as depicted in the Town of Berkshire Fee Schedule, payable to

the Town of Berkshire, must accompany each Worksheet submitted to the Highway

Superintendent.

6. APPEALS

Contractor has the right to appeal to Berkshire Town Board.

7. REQUEST FOR VARIANCE

Request for a variance from the standards set forth in this Local Law shall be made to the

Berkshire Town Board in writing and shall contain the grounds on which the appellant relies for

requesting the variance, including allegations on any facts on which the appellant will rely. Where

the Berkshire Town Board finds that due to special circumstances of the particular case a waiver

of certain requirements as stated in Section IV is justified, then a variance may be granted. No

variance shall be granted, however, unless the town Board finds and records in its minutes that:

(a) granting the variance would be keeping the intent and spirit of this Local Law and is in the

best interests of the community,

(b) there are special circumstances involved in the particular case;

(c) denying the variance would result in undue hardship to the applicant,


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provided that such hardship has not been self-imposed; (d) the variance is the minimum necessary

to accomplish the purpose.

8. INVALID SEGMENT

Should any section or provision of this Local Law contained herein or as amended hereafter be

declared by a court of competent jurisdiction to be invalid, such decision shall not affect the

validity of the Local Law as a Whole or any part thereof-other than the part declared to be invalid.

9. EFFECTIVE DATE

This Local Law shall take effect upon filing with the State of New York.

ATTACHMENT A

ROAD PRESERVATION LAW WORKSHEET

1-Landowner: ___________________________

Address: _________________________________________________________________

Phone: ____________________

2-Work Description (logging, gravel mining, etc.): ______________________________

________________________________________________________________________

________________________________________________________________________

Work Location: ________________________________________

3-Contractor: _______________________________

Address: ________________________________________________________________

Phone: _____________________

4-Start Date: ________________

Completion Date: _____________


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Expect maximum gross vehicle weight :__________

5-Bond Amount: _____________ Date Paid: ___________

Approval: _________________________ Date: __________

Berkshire Hwy Superintendent

6-Preliminary Bond Release Application Date: __________

7-Defincies to be repaired: ___________________________________________________

________________________________________________

8-Final Bond Release Application Date: _________________

9-Final Bond Release: ____________________ Date:____________

Berkshire Town Supervisor


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Appendix F: Example Road Use Agreement


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The following Road Use Agreement (RUA) came from SYD Road Limited Partnership of British

Columbia, Canada. This agreement was between Ledcor Projects Inc. (a private firm) and the British

Columbia Ministry of Energy, Mines and Petroleum Resources (a public agency). Because this is a

Canadian RUA, it is not meant to be used as-is, but instead as a resource for municipalities to construct

their own RUAs.

MODEL ROAD USE AGREEMENT

Reference Number:

THIS AGREEMENT made this __________ day of _________________, 20__

BETWEEN:

Municipality of ______________________

(hereinafter referred to as ―__________________‖ or ―________________’s‖)

-and-

_____________________ _________________________

(hereinafter referred to the ―Road User‖) Subject to the terms and conditions of this Agreement,

_____________________, insofar as it has the right to do so, grants to the Road User, its

successors, employees, agents, servants, contractors and sub-contractors, a non-exclusive license

to use _________________’s roads and bridges. In consideration of the mutual covenants and

conditions contained in this Agreement, the parties agree as follows:

1.0 Terms & Conditions

1.1 This Agreement including any attached schedules (the ―Schedules‖) and addendums (the

―Addendums‖) which are attached hereto and made part hereof, shall be the terms and conditions

as agreed to by _____________________ and Road User for the use of the Road during such

restricted period:


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Schedules:

Schedule ―A‖ – Purpose and Rates

Addendums: [Enter other addendums here]

2.0 Consideration

2.1 The Road User agrees to pay _____________________ any sum as set forth under the

heading Fee in Schedule ―A‖ for the use of the Road. Fees shall be calculated effective from the

date specified in each Addendum.

3.0 Fees

3.1 The Road User shall pay an administrative fee of $1000 plus appropriate taxes plus 115% of

all costs incurred for monitoring traffic, carrying our bridge assessments and analyzing conditions

along the Road. The administrative fee covers all movement by the road user for a 72 hour period

as described in Schedule ―A‖. The said costs may include the costs of undertaking an independent

analysis of the proposal by the _____________________’s consulting engineers.

3.2 The _____________________ shall be entitled to charge interest on any amounts that remain

outstanding after thirty (30) days from the Road User’s receipt of any invoice at the rate of two

(2) percent per annum higher than the rate designated as the prevailing prime rate for commercial

loans as dictated by the U.S. Federal Reserve used by the _____________________, from the day

that payment is due until the day it is paid compounded monthly including interest on interest.

3.3 In the event that the _____________________ is required to collect any taxes, assessments,

fees or charges on behalf of any governmental authority including, without limitation from the

Road User with respect to any transaction occurring as a result of this Agreement, then the Road

User shall pay the amount of such taxes, assessments, fees of charges to the

_____________________, and the _____________________ shall remit those amounts to the

relevant taxing authority as required by law.

4.0 Road Restriction

4.1 The _____________________ reserves to itself the exclusive control and operation of the

Road and the Road User shall observe all load limits, speed limits, road bans, closures and

restrictions whether imposed by governmental authority or by the _____________________ if it

reasonably deems the Road conditions warrant such restrictions. To be clear,

_____________________ reserves the right to postpone or cancel the movement if conditions of

the Road change.

4.2 The _____________________ shall not be held liable for any loss or damage occurring to the

Road User as a result of the imposition of the said load limits, speed limits, road bans, closures


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and restrictions or of the failure to give reasonable notice thereof to the Road User.

4.3 The _____________________, acting reasonably, will grant permission for travel during road

bans, closures and restrictions for emergency travel.

4.4 The Road User shall not do any act or thing or omit to do any act or thing, when using the

Road, which would in any way interfere with, interrupt or inconvenience

_____________________ or its operations or, any other persons or corporation using the Road.

4.5 If _____________________ determines that undue damage or destruction of the Road has

resulted from use of the Road by the Road User. _____________________ may:

(a) require the Road User, at its sole risk, cost and expense, to immediately restore the Road to its

previous condition; or

(b) restore the Road to its previous conditions and, immediately after receiving and invoice from

_____________________ the Road User shall reimburse _____________________ for all direct

and indirect cost incurred by _____________________ in so restoring the Road, plus and

additional 15%.

5.0 Liability & Indemnity

5.1 The _____________________ shall not be liable in any way for, and the Road User hereby

releases _____________________ from liability for any loss, expense, or damage of any nature

whatsoever, or injury or death suffered or sustained by the Road User, its affiliates its successors,

employees, agents, servants, contractors and sub-contractors arising out of or by reason of their

use of the Road including, without limiting the generality of the foregoing, any damage or injury

that may arise as a result of _____________________ failure to maintain the Road, the condition

or state of the Road.

5.2 The Road User shall use the Road entirely at his own risk and shall:

(a) be liable to _____________________ for any loss, damage and legal and other expense of any

nature whatsoever suffered, sustain or incur by the _____________________ its affiliates,

successors, employees, agents, servants, contractors and sub-contractors; and by reason of any

matter or thing arising, in contract or tort, out of or in any way directly attributable to the use of

the Road, by the Road User and its servants, agents, employees, contractors and subcontractors or

any of them, pursuant to this agreement, including without limitation any matter or thing resulting

from environmental damage or breach of any environmental legislation except when the

foregoing is a direct result of the gross negligence or willful or wanton misconduct of the

_____________________, its employees, agents, servants contractor or subcontractors. .

6.0 Arbitration

Where any controversy, dispute or disagreement between the Parties arising out of this

Agreement, other than those that are a matter of law (―Dispute‖) cannot be resolved by


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discussions between the Parties, the Dispute will be submitted to arbitration if the Parties have not

agreed to a resolution of such Dispute on or before the expiration of thirty (30) days from the date

upon which _____________________ or the Road User has given notice to the other Party that a

Dispute has occurred.

(a) At the time notice of the Dispute is given in accordance with the immediately above, the

Chair of the Road Users Group, or an agreed uninterested executive Road User Group member, as

defined by The Road Use Agreement, executed [DATE], holding office or an executive member at

the time of the Dispute will be the arbitrator (―Arbitrator‖) to decide any Disputes. The Arbitrator

may not be a servant, agent, employee, contractor or subcontractor to any Party involved in the

Dispute, If the Chair of the Road Users Group is unable or unwilling to act as the Arbitrator and if

the Parties cannot agree on the appointment of an uninterested executive Road User Group

member within 10 days after the expiration of the 30 day period described immediately above,

either party will be entitled to make application pursuant to the Commercial Arbitration Act of

B.C. to appoint an Arbitrator.

(b) The Arbitrator will determine all of the rules and procedures of the arbitration, after hearing

presentations from the parties, keeping in mind that the parties are seeking a summary process for

the resolution of Disputes in as short a period of time as is reasonable.

(c) The Arbitrator will proceed immediately to hear and determine the question or questions in

dispute. The decision of the Arbitrator will be made within forty-five (45) days after their

appointment, subject to any reasonable delay due to unforeseen circumstances. The decisions of

the Arbitrator will be made within forty-five (45) days of the date of the notice described in the

first paragraph of this section 6.0, subject to any reasonable delay due to unforeseen

circumstances.

(d) The Arbitrator will have the power to make orders as to costs including actual reasonable legal

fees.

(e) The decision of the Arbitrator will be in writing and will be final and binding upon the Parties

as to any question or questions so submitted to Arbitration, and the Parties will be bound by such

decision and perform the terms and conditions thereof.

7.0 Traffic Control

7.1 The Road User shall have a traffic counter on the road ensuring all permitted vehicles are

accounted for. Any overweight vehicles identified that are not included in the Road Users party

should be reported to _____________________ (type of vehicle, description of load, license plate

number, trucking company and any further information that can be collected).

8.0 Insurance

8.1 It shall be the responsibility of the Road User to maintain and keep in force during the term of

this Agreement, for the benefit of the Road User, the following insurance:

a) Automobile Liability insurance covering bodily injury (including passenger hazard) and

property damage arising from the operation of owned or non-owned vehicles used on the Road in


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the course of the Road User’s proposed operations, with inclusive limits of not less than two

million ($2,000,000) for any one incident.

b) Comprehensive General Liability Insurance covering the liability of the Road User for bodily

injury, death and property damage arising from the operations of the Road User in connection

with this Agreement (other than the operation of vehicles). The limits of this insurance shall not

be less than ten million ($10,000,000) for any one occurrence. The insurance policy will

indemnify the named insureds and the additional named insureds under the policy for any sum or

sums which the insured may become liable to pay or shall pay for bodily injury, death or property

damage or for loss of use thereof, arising out of or resulting from the operations of the Road User.

In addition to the above limits, such liability insurance will also pay all costs, charges, and

expenses in connection with any claims that may require to be contested by the insureds anywhere

within Canada.

8.2 Upon demand by the _____________________, The Road User shall provide the

_____________________ a Certificate of Insurance as evidence of the insurance required by the

preceding clause. Insurance policies referred to in para 9.1(b) above shall include a waiver of

subrogation clause in favour of the _____________________ and its agents and employees.

8.3 The Road User shall ensure that any of its agent, contractors and subcontractors that are not

covered by the insurance policies set forth in paras 9.1(a) and 9.1(b) possess insurance in

accordance with the provisions of paras 9.1(a) and 9.1(b) during those agents, contractors and

subcontractors use of the Road.

8.4 The insurance policies shall be endorsed to provide that in the event of any change that could

affect the interests of the _____________________, or in the event of their cancellation, the

insurers shall notify the _____________________ thirty (30) days prior to the effective date of

such change or cancellation.

9.0 Notices

9.1 Notices and invoices to be given under this Agreement shall be in writing and will be personal

delivered, mailed or transmitted facsimile, addressed to the parties as follows:

_____________________

[TOWN CONTACT INFORMATION]

ROAD USER:

Bus#:

Fax#:

Attention:

9.2 Either party may from time to time, change its address for service by giving notice to the other


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party.

9.3 Any notice, invoice or other communication shall be deemed to be received by the addressee,

if delivered personally, or transmitted by facsimile, on the first business day following delivery or

transmission, or if delivered by overland mail service, on the fourth day following the day it was

mailed.

9.4 In the case of a postal disruption or an anticipated postal disruption, all notices or other

communications to be issued under this Agreement shall be either electronically transmitted or

delivered by hand.

10.0 Assignment

10.1 This Agreement is not assignable either in whole or in part.

11.0 Termination

11.1 Notwithstanding any provision to the contrary herein contained, this Agreement may be

terminated upon one (1) day written notice given by either party to the other. Upon termination of

this Agreement, all applicable rights and obligations as between the _____________________

and Road User shall terminate except for those rights acquired prior to the commencement of the

Agreement or those obligations incurred prior to the effective date of termination.

11.2 If road bans, closures and restrictions, as set out in Schedule A, are removed and remain

removed for the entire duration of the period required to move the equipment identified in

Schedule A, then the movement of this equipment during this period will not be subject to the

provisions of this Agreement.

11.2 The _____________________ shall inspect the Road prior to the termination of this

Agreement and shall notify the Road User of any damage or destruction to the Road, excluding

reasonable wear and tear, which shall be repaired in compliance with Clause 5.2.

12.0 Miscellaneous

12.1 No waiver of any breach of a covenant or provision of this Agreement shall take effect or be

binding upon a party unless it is in writing. A waiver by a party of any breach shall not limit or

affect that party’s rights with respect to any other future breach.

12.2 This Agreement as amended from time to time by agreement in writing of the parties, shall

be the entire agreement between the _____________________ and the Road User as to the

matters herein and all previous promises, representations or agreements between the parties

whether oral or written shall be deemed to have been replaced by this Agreement.

12.3 If any provision of this agreement or the application thereof to any person or circumstances

is held invalid, such invalidity shall not affect any other provisions or applications of this

agreement which can be given effect without the invalid provision or application, and to this end


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the provisions of this agreement are severable. In lieu thereof there shall be added a provision as

similar in terms to such illegal, invalid and unenforceable provision as may be possible and be

legal, valid and enforceable.

13.0 Choice of Law

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of

New York State and laws of applicable therein. Each party irrevocably submits to the exclusive

jurisdiction of the courts of New York State The parties have executed this Agreement as of the

day and year first above written:

Per:_________________________ Per:_________________________

[HIGHWAY SUPERINTENDENT AND TOWN HERE]

SCHEDULE ‖A‖

PURPOSE & RATES

Attached to and forming part of the Road Use Agreement dated:

Effective Date:

Ledcor Reference Number:

Company Requesting:

Contact Name & Number:

Date

Equipment

Type (# of Axles)

Axle Loading

Number of Vehicles

Start Time

Finish Time

FIELD CONTACTS


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Road Users shall comply with any reasonable conditions imposed by _____________________’s

field staff.

Shipper Contact

Name:

Phone:

Fax:

Email:

FEES:

$1000 administrative fee + applicable taxes

cost + 15% for Bridge Assessments

cost + 15% for Road monitoring services

cost + 15% for any road repair or reinstatement

_____________________’s


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Appendix G: Workforce Survey and responses for Tioga County


Tioga Workforce/ EMS/ Public Safety Survey

The following survey is designed to gather information about the impacts or potential impacts from

natural gas drilling on your agency or local department’s workforce. The information gathered here will

be used by community natural gas taskforces and may be used to help determine changes over time.

Thank you very much for your participation. If you have any questions about this survey please contact

Meghan Jacquet at [email protected], or call 607-351-5896.

What is your name? John Scott

What is your email and telephone number (in case of follow up questions only, NO SPAM)?

[email protected] 607-687-8467

What is your local department agency/ department name? Tioga Bureau of Fire




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In the chart below, please list the different facilities

EMS WORKFORCE

Number Voln. Full-time Part-time

Overaching

Deputy Fire Coordinator 6 6

Advanced Cardiac Life Support (ACLS) (people

hired for daytime coverage in Berkshire, Candor,

Owego, and Spencer) 55 34 21

Emergency Medical Technician (EMT) 187 128 59

Certified First Responders (CFR) 24 24

Drivers (req. certifed CFR) 223 223

Emergency Medical Services (EMS) units (fire

based or tax supported):

Apalachin 19 19

workforce breakdown

Campville 18 14 4

Salsey Valley 5 5

Lockwood 6 6

Nichols 7 7

Owego 35 33 2

South Side 7 7

Tigoa Center 10 10

Welton 7 7

Emergency Medical Services (EMS) units

(independent non-profit or not tax supported):

Berkshire (also Neward Valley and Richford) 25 24 1

Candor 23 22 1

Spancer 17 16 1

Waverly/ Greater Valley 80 0 80

Workforce


231



232


In the chart below, please list the different employee positions available in your agency, and note

the number of persons employed in that position to date:

EMS WORKFORCE

Number Voln. Full-time

Overaching

Deputy Fire Coordinator 6



Owego, and Spencer)

Emergency Medical Technician (EMT)

Certified First Responders (CFR)

Drivers (req. certifed CFR)



Apalachin 19 19

workforce breakdown

Campville 19 15 4

Salsey Valley 5 5

Lockwood 6 6

Nichols 7 7

Owego 35 33 2

South Side 7 7

Tigoa Center 10 10

Welton 7 7



Berkshire (also Neward Valley and Richford) 16 15 1

Candor 26 25 1

Spancer 12 11 1

Waverly/ Greater Valley 80 0 80

Workforce

(*Please be as complete as possible, e.g. drivers, coordinators, office staff, technicians, etc)


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Have you recently added new positions or increased the number of employees to your agency or

do you plan to do so in the future? If so, please describe below:

In the chart below please fill the total number of emergency calls for your agency before and

after natural gas development began, as well as estimate the percentage of gas-related calls?

EMS WORKFORCE

Number Voln. Full-time Part-time

Overaching

Deputy Fire Coordinator



Owego, and Spencer)

Emergency Medical Technician (EMT)

Certified First Responders (CFR)

Drivers (req. certifed CFR)



Apalachin * *

workforce breakdown * *

Campville * *

Salsey Valley * *

Lockwood * *

Nichols * *

Owego * *

South Side * *

Tigoa Center * *

Welton * *



Berkshire (also Neward Valley and Richford) 604 604

Candor 503 503

Spancer 248 248

Waverly/ Greater Valley 1457 1457

Workforce


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In the chart below please fill the total number of emergency calls/ responses/ violations for your

agency before and after natural gas development began, as well as estimate the percentage of

gas-related calls?

Fire Department

Voln. Paid

Fire Districts (13):

Apalachin Fire District 677

Berkshire Fire District 151

Candor Fire District (includes Candor and Weltonville Fire) 208

Halsey Valley Fire District 48

Lockwood Fire District 50

Lounsberry Fire District 0

Newark Valley Fire District 127

Nichols Fire District 295

Richford Fire District 48

Spencer Fire District 266

Tioga Center Fire District 448

Town of Owego Fire District (includes Campville and Southside Fire Departments) 2582

Waverly Barton Join Fire District 174

Workforce

Do you anticipate any new demands on your workforce due to the Marcellus Shale natural gas

drilling? If so, please describe below:

Yes, a slight increase in industrial type fire and EMS calls.

An increase in motor vehicle accidents involving trucks.

An increase in Haz-Mat incidents both at well sites and at motor vehicle accidents.


235


Tioga Workforce/ EMS/ Public Safety Survey

The following survey is designed to gather information about the impacts or potential impacts from

natural gas drilling on your agency or local department’s workforce. The information gathered here will

be used by community natural gas taskforces and may be used to help determine changes over time.

Thank you very much for your participation. If you have any questions about this survey please contact

Meghan Jacquet at [email protected], or call 607-351-5896.

What is your name?

Sheriff Gary W. Howard

What is your email and telephone number (in case of follow up questions only, NO SPAM)?

[email protected] 607-687-1010

What is your local department agency/ department name?

Tioga County Sheriff’s Office

In the chart below, please list the different facilities operated by your agency and their locations:




236


Facility Location (address if possible)

Pre-Natural Gas Drilling (today)

Tioga County Sheriff’s Office 103 Corporate Drive Owego, NY 13827

In the chart below, please list the different employee positions available in your agency, and note

the number of persons employed in that position to date:

Position

Volunteer Full-time Part-time

Road Patrol Deputies 0 30 2

911-Dispathers 0 13 0

Criminal Investigators 0 6 0

Correction Officers 0 44 13

Records 0 2 0

Civil Office 0 2 0

Number of Employees

Pre-Natural Gas Drilling (today)

(*Please be as complete as possible, e.g. drivers, coordinators, office staff, technicians, etc)


237


Have you recently added new positions or increased the number of employees to your agency or

do you plan to do so in the future? If so, please describe below:

No addition positions, in 2010 four deputy positions went unfunded.

In the chart below please fill the total number of emergency calls for your agency before and

after natural gas development began, as well as estimate the percentage of gas-related calls?

In the chart below please fill the total number of emergency calls/ responses/ violations for your

agency before and after natural gas development began, as well as estimate the percentage of

gas-related calls?

Public Safety Today

Quarterly

or

Annually

Number calls/ responses/ violations:

Estimated number of gas-related calls/ violations:

Do you anticipate any new demands on your workforce due to the Marcellus Shale natural gas

drilling? If so, please describe below:


238

/

Increased traffic which will increase Motor Vehicle accidents, traffic tickets etc.


239

/


240

Appendix H: Workforce Surveys for Pennsylvania Counties/

Appendix H: Workforce Surveys for Pennsylvania Counties


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242



243



244



245



246



247

Appendix I: Hydro-fracturing Accidents in the News/

Appendix I: Hydro-fracturing Accidents in the News


248



249



250



251



252



253



254



255



256



257



258



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