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As many other towns across Livingston County, such as North Dansville, have already done, Springwater Town Council voted last week to draft a moratorium that could put the brakes on permits for hydraulic fracturing in the town.
High volume, horizontal hydrofracking is a process of natural gas extraction that involves drilling multiple wells from a single well site and uses millions of gallons of water laced with thousands of gallons of chemicals. Many citizen action groups, including Frack Free Genesee in Livingston and Ontario counties, oppose allowing the practice in New York.
Springwater Resident Herb Tinney spoke Monday night about the dangers of hydraulic fracturing and criticized the state Department of Environmental Conservation’s ability to oversee the process. He urged the town council to begin the process toward a one-year moratorium.
“The DEC has now publicly states it cannot regulate the hydraulic fracturing process,” Herb Tinney said. “The more information we are getting, the more we are realizing we do not yet have.”
Supervisor Norbert Buckley noted that town councils in Livonia, Conesus, West Sparta and Lima are already taking steps toward moratoriums.
“My feeling is that we don’t want to be the only town left without a moratorium,” Buckley said.
Councilwoman Carolyn Tinney prepared a resolution directing the town’s attorney, James Campbell, to prepare a 12-month moratorium.
“A moratorium just buys us some time,” she said.
She highlighted her concerns about the millions of water used, including where that water will come from and how it will be disposed of. She added concerns related to truck traffic, water well contamination, and the impact on property values and mortgages.
“It’s a big issue to think about,” Carolyn Tinney said.
Campbell provide the town council with an overview of the moratorium process.
He explained that the town’s next steps are to draft a local law, which the council will review at its Dec. 28 meeting. At that time, the board will set a date for a public hearing.
After public hearing, the board can move to pass the local law.
“Moratoriums are pretty radical, “ Campbell said, “because they are a suspension of landowner rights.”
Springwater’s attorney also works for the town of Livonia and drafted the local law under consideration there. It’s that same language that has been circulated by Frack Free Genesee during presentations to town councils across the county.
Campbell explained moratoriums should not exceed one year, though the council can extend the moratorium if needed. Campbell also pointed out that passing a moratorium obligates the town to set an action plan and work on the plan during the moratorium.
As many other towns across Livingston County, such as North Dansville, have already done, Springwater Town Council voted last week to draft a moratorium that could put the brakes on permits for hydraulic fracturing in the town.
High volume, horizontal hydrofracking is a process of natural gas extraction that involves drilling multiple wells from a single well site and uses millions of gallons of water laced with thousands of gallons of chemicals. Many citizen action groups, including Frack Free Genesee in Livingston and Ontario counties, oppose allowing the practice in New York.
Springwater Resident Herb Tinney spoke Monday night about the dangers of hydraulic fracturing and criticized the state Department of Environmental Conservation’s ability to oversee the process. He urged the town council to begin the process toward a one-year moratorium.
“The DEC has now publicly states it cannot regulate the hydraulic fracturing process,” Herb Tinney said. “The more information we are getting, the more we are realizing we do not yet have.”
Supervisor Norbert Buckley noted that town councils in Livonia, Conesus, West Sparta and Lima are already taking steps toward moratoriums.
“My feeling is that we don’t want to be the only town left without a moratorium,” Buckley said.
Councilwoman Carolyn Tinney prepared a resolution directing the town’s attorney, James Campbell, to prepare a 12-month moratorium.
“A moratorium just buys us some time,” she said.
She highlighted her concerns about the millions of water used, including where that water will come from and how it will be disposed of. She added concerns related to truck traffic, water well contamination, and the impact on property values and mortgages.
“It’s a big issue to think about,” Carolyn Tinney said.
Campbell provide the town council with an overview of the moratorium process.
He explained that the town’s next steps are to draft a local law, which the council will review at its Dec. 28 meeting. At that time, the board will set a date for a public hearing.
After public hearing, the board can move to pass the local law.
“Moratoriums are pretty radical, “ Campbell said, “because they are a suspension of landowner rights.”
Springwater’s attorney also works for the town of Livonia and drafted the local law under consideration there. It’s that same language that has been circulated by Frack Free Genesee during presentations to town councils across the county.
Campbell explained moratoriums should not exceed one year, though the council can extend the moratorium if needed. Campbell also pointed out that passing a moratorium obligates the town to set an action plan and work on the plan during the moratorium.
“It really is supposed to be a mechanism that inspires action,” he said. “The next year is going to be a busy one for everyone in our world.”
One aspect that makes Springwater unique, Campbell pointed out, is a lack of zoning and comprehensive codes.
“We have to think about it in a different way,” he said.
He added that a moratorium is more apt to be defensible if challenged compared to bans that some towns have enacted. Those bans are currently being challended, but Campbell said it will be more than a year before the appeals process defines case law surrounding bans. He called banning “extremely premature.”
The attorney explained that any action that delays or prohibits drilling could be challenged in court, but that Springwater is unlikely to be singled out at this point.
At the same time, laws related to energy production in New York have undergone major revisions in the last 25 years, and Campbell noted that attorneys are more comfortable with settled laws — those that have been on the books for generations and survive court challenges.
“This is all new territory,” Cambpell said. “Then again, there is a danger in doing nothing,” he said.
