HomeMy WebLinkAbout2013-01-08-RTB Town of Ulysses
Regular Town Board Meeting
January 8 , 2013
Audio available at www. ulysses . ny.us
Present : Deputy Supervisor Thomas ; Councilpersons Lucia Tyler, Kevin Romer; David
Kerness ; Environmental Planner Darby Kiley; Highway Superintendent James Meeker; Town
Clerk Marsha L . Georgia and Attorney Geldenhuys .
Absent : Supervisor Roxanne Marino ; Deputy Supervisor Sue Poelvoorde
Others Present : Frank and Gail Flannery, Kaile Tsapis , Carl and Betty Solo , Tim and Betsy
Fallon, Robert Hesson, Heinz Riederer, John Wertis, Don Wilson, Ed Wolf, Lawrence McCann,
and Robert Thomas
Deputy Supervisor Thomas called the meeting to order at 7 : 00 p . m.
APPROVAL OF AGENDA
Ms . Thomas modified the agenda with the Board ' s approval .
Ms . Thomas read the Meeting Guidelines and the Guidelines for Public Comment into the
record.
APPROVAL OF CLAIMS
Ms . Thomas moved, seconded by Mr. Romer the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined voucher # 507 through 537 (2012) and 1 through 13 (2013 ) in the amount of
$ 35 , 823 . 23 .
Ms . Thomas aye
Ms . Tyler aye
Mr. Romer aye
Mr. Kerness aye
Adopted
APPROVAL OF MINUTES
Ms . Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Regular Town Board meeting of December 11 , 2012 , and Special Town
Board meeting of December 20 , 2012 .
Ms . Thomas aye
Ms . Tyler aye
Mr. Romer abstained
Mr. Kerness aye
Adopted
REPORTS OF REPRESENTATIVES
Tompkins County Legislator Jim Dennis not in attendance .
Trumansburg Fire Department & EMS no one in attendance .
Trumansburg Village no one in attendance .
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January 8 , 2013
PRIVILEGE OF THE FLOOR
John Wertis thanked Ms . Kiley for the great job of advertising the Public Informational and
Public Hearing for the Ag and Farmanthe Public Informational Plan.
onal Wertis
eeting of January 16 2013 . a
public comment period extended after
Tim Fallon, Secretary Ulysses Lakeshore Association read the following into the record :
Ask the town to pass a resolution that any request for Home Rule authority from
NYS will only be made after final passage of local code requiring such authority.
a. Any Home Rule request by the Town of Ulysses should only be made after there is
proper deliberation, public input, public hearings, and final passage of local code.
b. A premature request distracts from the important core deliberations that should be
taking place .
c. Per the Dec 11, 2012 meeting, the town may decide not to take the control .
d. Prior to passing a resolution requesting Home Rule from New York, the Town should
make a finding as to any and all incremental costs to the Town in assuming
jurisdiction over the waterfront and where the Town intends to gain the expertise to
regulate the waterfront . Such finding should be made public. •
Frank Flannery read the following into the record :
Ask the Town for a new resolution to change the composition of the ad hoc committee .
a . Those lakefront homeowners you have placed on the committee to date have been
involved in promoting the existing zoning proposal .
b . Stacking the ad hoc committee with current members of the Planning Board already
shows bias towards enactment of a zoning proposal which hasn't been determined
to be necessary and which should be the first agenda item of the ad hoc committee,
i . e . whether we need this zoning proposal and whether it is consistent with the
Comprehensive Plan . Persons who have served on the Planning Board would
naturally presuppose that their zoning proposal is consistent with the Town' s
Comprehensive Plan but we fail to understand that.
c. The ad hoc committee should include 5 of the 7 members with lakefront property
ownership since the lake zoning proposal is so targeted and the issues are so unique
to waterfront properties . The committee could always seek the planning, zoning,
and legal expertise where needed . We are a rural community and we don' t need
professionals staffing our committees; rather, we need representation from those
affected by proposed actions such as this targeted zoning proposal . The ULA has
already submitted 5 lakeside owners willing to serve.
Ask the Town to consider the Jan . 6, 2013 ULA email request for determining if the
YouTube video on Lakeshore zoning manifestly denotes bias and corrupts the zoning
process altogether because of clearly demonstrating prejudice.
a . The person (s) involved in the producing and posting the video should not be
representing the Town in any capacity whether on the ad hoc committee, the
Planning Board or otherwise .
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January 8 , 2013
Mr. Fallon asked Mr. Wolf to read an email into the record from Dick Krizek to Mr. Fallon as
follows :
Sony but I have another evning meeting on the 8th . Ina menher of the board so I have to go.
•
I have a place at 99 Maplewood Road and only spend the summers there. So, I just don't keep up with what is going on
at the lake in the winters .
My concerns are : Why do we need another zoning for the property along the lake? Does the new zoning have a
grandfather clause in it if something happens to the property? Why is the discussion abut this zoning happening when
most of the property owners are not in town? IS the town going to buy a boat and patrol the lake so everyone follows
the rules, the state will not be responsible? How about fishing in the 1500 feet into the lake?
You can relay these questions if you like and use my Name.
Dick Krizek
TOWN REPORTS
Planning Board/Zoning Officer •
Environmental Planner Darby Kiley reported that the Planning Board and the Zoning Board have
not met since the last Town Board meeting . Ms . Kiley said she would have an annual report on
the activities for the next meeting .
Highway Superintendent James Meeker reported on the activities of the Highway Department
which can be heard on the audio version on the website .
Town Clerk Marsha L. Georgia reported that the total fees collected for December were
$ 1750 . 00 and $ 1 ,430 . 17 was turned over to the Supervisor along with her monthly report.
Code Enforcement Officer Alex Rachun not in attendance .
Deputy Supervisor Elizabeth Thomas said she has been busy filling in for the Supervisor and
fulfilling her own tasks as Deputy Supervisor. Ms . Thomas worked on the revisions for the
Personnel Policy ; reported that TCCOG is looking for a replacement to be the nominee for the
incoming chair; still waiting for a proper contract from the Village for Fire & EMS ; fully switch
over to NYMIR insurance ; and the rest of the items are on the agenda for tonight .
Town Board Members and Committees
Ms . Tyler said that the Tompkins County Care Health Consortium met and welcomed the Town
of Lansing and the City of Cortland the two new members . They talked about "stop lock
insurance" which covers very large claims .
Ms . Thomas reminded the Town Board that at the next Town Board meeting the Board has to
nominate a delegate for the NYS Association of Towns Annual meeting and address the
resolutions for that meeting .
OLD BUSINESS
Ag and Farmland Protection Plan Comment Period
Ms . Thomas moved, second by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses is adding a comment
period ending February 1 , 2013 on the Ag and Farmland Protection Plan in order to allow
11 .
the public to submit comments in writing regarding the plan. Written comments may be
submitted to the Town Clerk, Marsha Georgia at 10 Elm St . Trumansburg, NY 14886
or touclerk(a,twcny . rr. com. The Clerk will post this information on the Clerk' s bulletin
board and the town web site .
Ms . Thomas aye
Ms . Tyler aye
Mr. Romer aye
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January 8 , 2013
Mr. Kerness aye
Adopted
Lakeshore — Appoint Member of the Ad Hoc Committee
Ms . Thomas read a statement as follows :
The Town Board is responsible for considering and voting on proposed amendments to the
Town' s Zoning Law. The Town Board is the only decision making entity within the Town to
officially approve zoning amendments . Any input received from other boards or individuals is
advisory only .
The Town Board voluntarily constituted a first ad hoc committee to prepare a first draft of
revisions to the Zoning Law as it pertains to lakeshore property . It has now established a second
ad hoc committee to work on revisions to the draft that will eventually be submitted to the Town
Board for consideration. There will be a public hearing as required by Town Law before the
Town Board takes action on proposed amendments to the Zoning Law. The establishment and
membership of this second ad hoc committee is entirely within the discretion of the Town
Board .
There are currently two groups that have informed the Town Board that they represent lakeshore
property owners — the West Shore Homeowners ' Association and the Ulysses Lakeshore
Association. The Town, in its discretion, determined by resolution passed on 12/20/ 12 that, in
order to appoint someone to the committee as a representative of a group (rather than acting as
an individual) , it requires that the group provide its bylaws and membership list, so that it is clear
who is represented by the group . The West Shore Homeowner ' s Association provided these
documents and the Town Board appointed Don Smith to represent this group . The Ulysses
Lakeshore Association did not provide this documentation and the Town Board; therefore will
not appoint a representative of that group to act on their behalf but will instead appoint one more
individual lakeshore owner to the ad hoc committee .
Ms . Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses nominate Don Wilson
as a lakeshore property owner to serve on the Ad Hoc committee to make revisions to the
Lakeshore Zoning .
Ms . Thomas aye
Ms . Tyler aye
Mr . Romer aye
Mr. Kerness aye
Adopted
NEW BUSINESS
Drilling Regulation Comments,
Ms . Thomas moved, second by Mr. Kerness the following :
TOWN OF ULYSSES
RESOLUTION 2013-01 -08 : PROVIDING COMMENT ON THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION REVISED REGULATIONS GOVERNING
HIGH VOLUME HYDRAULIC FRACTURING .
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WHEREAS the Town Board of Ulysses is seriously committed to protecting the health, welfare
and safety of our local residents ; and
WHEREAS a pool of evidence is building that gives us grave concern over the safety of the
natural gas extraction technique termed high volume hydraulic fracturing (HVHF) ; and
WHEREAS the Governor and Department of Environmental Conservation have both stated that
regulations governing HVHF will be based on the results of science, yet extremely few scientific
studies have been completed that would reassure those living near areas of HVHF as to its safety ;
and
WHEREAS the Town Board of Ulysses is highly concerned about the economic and community
impacts as well as health effects caused by HVHF .
THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses submits the
following comments on the proposed regulations on high volume hydraulic fracturing (HVHF) ;
and
FURTHER RESOLVED that a certified copy of this resolution be sent to Governor Andrew
Cuomo ; New York State Department of Environmental Conservation Commissioner Joe
Martens, New York State Department of Health Commissioner Nirav Shah, New York State
Association of Counties, New York State Association of Towns, New York State Association of
State County Health Officials (NYASCHO), New York State Senator Thomas O ' Mara, New
York State Assemblywoman Barbara Lifton, EPA Region 2 Administrator Judith Enck, EPA
Director Lisa Jackson, New York Senators Kirsten Gillibrand and Charles Schumer, New York
State Congressman Thomas Reed, DEC Department of Mineral Resources Director Bradley
Field and DEC Department of Mineral Resources Assistant Director Katherine Sanford, U . S .
Department of Energy Secretary Steven Chu, President Barak Obama.
1 ) Regarding process of forming regulations on HVHF
The Town Board of Ulysses opposes New York State ' s process of finalizing the
regulations on HVHF prior to the release of a health review headed by Dr. Shah and
without a full health impact study .
We also opposed the release of these regulations prior to the finalization of the
supplemental General Environmental Impact Statement (sGEIS) . Comments and
recommendations from the sGEIS should first be released, analyzed and then finally
incorporated into the regulations if it is determined that the environmental and health
effects from HVHF are proven to be safe . State law requires that the DEC regulations be
based on sound standards according to the State Administrative Procedures Act to assure
that they identify studies that are the basis for their proposed regulations but this has not
been provided via a regulatory impact statement .
2 ) Regarding process of commenting on new HVHF regulations
The DEC ' s process for taking comments is incredibly cumbersome having provided no
complete set of regulations on the website to access information such as definitions, nor
to be able to cross check if topics are mentioned in other parts of the newly proposed
regulations . This is not a good example of open government, to the contrary, the
segmented regulations and tight comment timeline over a holiday season projects a much
closed process .
3 ) Regarding using a science - based approach to forming the HVHF
regulations
The DEC and Governor Cuomo have repeatedly stated that the regulations and
supplemental General Environmental Impact Statement would be based on science .
These regulations however, cite no scientific evidence for decisions such as setbacks, the
time period for liquid fracking waste to remain in open pit ponds, how radioactive wastes
will be disposed safely, how waste water will be treated or safely disposed and how air
quality from wells affects the surrounding area. Further research is needed to determine
how methane and hydrofracking fluids have been found to be able to migrate into water
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January 8 , 2013
bodies and throughout the geologic profile . The DEC should hold to its word and wait for
a larger body of scientific evidence to build before hydrofracking is permitted in New
York.
4) RE : Sections 550 . 1 and 550 . 2 - Conflict of Interest
These sections give the DEC ' s Division of Mineral Resources responsibility for
administering and enforcing all rules and regulations relevant to all phases of oil and gas
extraction . To give this Division the job of preventing damage and pollution from the
very activity it promotes is a conflict of interests . New York State should, like most
states, have separate agencies to handle well permitting and regulation of the oil and gas
industry . Failing to separate these functions undermines the DEC ' s effectiveness and
credibility as an environmental protection agency .
5 ) Re : Section 553 . 2
While Section 560 . 4 increased setbacks to dwellings or places of assembly , this increased
setback should also be included in Section 553 . 2 where the setback remains at 150 feet .
6) RE : Section 553 . 3 - Compulsory Integration
All decisions regarding Compulsory Integration, (Section 553 . 3 ) must be removed from
the purview of the Division of Mineral Resources (DMN) and the Department' s Office of
Hearings and Mediation Services (OHMS) and assigned to an independent body .
The Division has an inherent conflict of interest since it is charged with promoting the
extraction of minerals and that inherently conflicts with the best interest of the residents
of New York State . The compulsory integration law was written in part by gas industry 1
but should be reviewed by a non-biased group . I
Individuals who want to challenge their integration into a drilling face the requirement to
hire legal counsel and travel to Albany where these suits are contested . The DEC should
ensure an easier path to contesting integration into a drilling unit.
7 ) RE : Section 554 and 560 . 5 - WASTE DISPOSAL
The amendment to Paragraph ( 1 ) of subdivision (c) of Section 554 . 1 with a new
paragraph (4) does not provide adequate regulation or protection with regard to the
ultimate disposal and distribution of drilling mud, flowback water, production brine and
drill cuttings . Rather it relies on the owner or operator to submit a plan for approval "for
the environmentally safe and proper ultimate disposition and/or disposal of [such] used
drilling mud, flowback water and production brine ." There are no independent, objective
standards that have been developed in these regulations which define what is , or is not
environmentally safe, and to which industry must adhere . The approval of methods of
disposition and disposal appears to be an entirely subjective process undertaken in
reaction to methods of disposal chosen by industry .
8 ) Re : Section 555 . 5 (a) ( 1 - 4) Plugging and Abandonment
Comment :
This section prescribes how wells will be plugged when they are abandoned . What is not
mentioned is how abandoned wells from decades ago affect the migration of fluids and
gas as the high pressure of fracking moves materials through the shale profile . The DEC
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January 8 , 2013
must assess the damages caused by these unknown abandoned wells prior to allowing
drilling, to determine damage caused to water and from potential blowouts of unplugged
or improperly plugged wells .
Citation : How Abandoned Wells Can Contribute to Methane Migration Problems .
http ://stateimpact.npr. org/pennsylvania/2012/ 10/09/perilous-pathways-how-abandoned-
wells-can-contribute-to-methane-migration-problems/
9) Re : Section 560 . 2 ( 7) ,
From the DEC Regulations, "chemical disclosure registry " shall mean the chemical
registry website known as FracFocus. org developed by the Groundwater Protection
Council and the Interstate Oil and Gas Compact Commission. If such website becomes
permanently inoperable, then chemical disclosure registry shall mean another publically
accessible information website that is designated by the Department.
Comment :
The voluntary chemical disclosure registry known as FracFocus . org is inadequate and
does not protect public health . A mandatory online registry of all chemicals used in
extraction activities must be provided on the DEC website .
10 ) Re : Section 560 . 3 ( d) (2 ) Hydraulic Fracturing Fluid Disclosure
Revised DEC regulations :
" The department will disclose to the public the information submitted pursuant to
paragraph (1) of this subdivision except that operators or other persons who supply
information subject to paragraph (1) of this subdivision may request such records to be
exempt from disclosure as trade secrets as provided by Part 616 of this Title. Records
determined by the department to be exempt from disclosure shall not be considered a well
record for purposes of disclosure. "
Comments :
The DEC must make the chemicals used in HVHF available to the public, particularly the
medical community which must have this information and be able to release it, to not
only treat patients correctly but to aggregate health records in order to determine if there
are health related trends within drilling areas . To not require such disclosure is unethical
and a public danger.
In addition, HVHF is exempt from the Federal Safe Drinking Water Act which authorizes
the EPA to regulate the injection of toxic materials into the ground . The DEC must
require that HVHF adhere to the rules governing the Federal Safe Drinking Water Act.
Citation :
Regulation of Hydraulic Fracturing under the Safe Drinking Water Act
http ://water. epa. gov/type/groundwater/uic/class2/hydraulicfracturing/wells hydroreg . cfm
11 ) RE : Section 560 . 4 - Setbacks Fail to Protect Livestock and the Food
Chain
The 2012 peer reviewed paper by Dr. Michelle Bamberger and Dr. Robert Oswald,
"Impacts of Gas Drilling on Animal and Human Health, " concludes "Animals, especially
livestock, are sensitive to the contaminants released into the environment by drilling and
by its cumulative impacts . Documentation of cases in six states strongly implicates
exposure to gas drilling operations in serious health effects on humans, companion
animals, livestock, horses, and wildlife . " Domestic and game animals are likely to
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consume toxic drilling waste because they will be attracted by the high concentration of
chlorides that is typical of produced water.
Section 560 .4 must include a comprehensive list of protected land uses . Setbacks must be
written for pasture lands and lands used for hunting in order to protect the agricultural
industry and our food chain .
Citation:
Impacts of Gas Drilling on Animal and Human Health.
http : //www. psehealthyenergy . org/data/Bamberger Oswald NS22 in press .pdf
12 ) RE : Section 560 .4 - Venting and Flaring
The proposed setbacks, Section 560 . 4, are insufficient to protect both human and animal
health from the effect of air pollution associated with venting and flaring . The DEC has
included arbitrary setbacks from well locations part of these regulations instead of basing
them on the best available science , which indicates that public health will not be
protected by 500 foot setbacks .
There is ample evidence to suggest that human and animal health has been compromised
in locations downwind from high volume hydraulic fracturing (HVHF) operations . See
"Human Health Risk Assessment of Air Emissions from Development of Unconventional
Natural Gas Resources" published in Science of the Total Environment in 2012
(http ://www.ncbi .nlm . nih. gov/pubmed/22444058) . It reported on air sampling data
collected in Colorado that showed that residents living near extraction operations are at
greater risk of health-related impacts than those living further away .
The Ventura County Air Pollution Control District (in California) has estimated that the
following air pollutants may be released from natural gas flares : benzene, formaldehyde,
polycyclic aromatic hydrocarbons (PAHs, including naphthalene) , acetaldehyde, acrolein,
propylene, toluene , xylenes, ethyl benzene and hexane .
In 2000 , Canadian Public Health Association reported "There have been over 250
identified toxins released from flaring including carcinogens such as benzopyrene ,
benzene, carbon di -sulphide (CS2) , carbonyl sulphide (COS) and toluene ; metals such as
mercury arsenic and chromium; sour gas with H2S and SO2 ; nitrogen oxides (NOx) ;
carbon dioxide (CO2) ; and methane (CH4) which contributes to the greenhouse gases . "
The DEC must prevent exposure to these air borne chemicals that cause human and
environmental harm .
13 ) RE : ( 560 .4) SETBACKS
Revised DEC regulations :
(a) No well pad or portion of a well pad may be located:
(1) within 500 feet from a residential water well, domestic supply spring or water well or
spring used as a water supply for livestock or crops;
(2) within 500 feet from an inhabited dwelling or place of assembly;
(3) within a primary aquifer and a 500 foot buffer from the boundary of a primary
aquifer
(4) within a 100 year floodplain; and
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(5) within 2, 000 feet of any public water supply (municipal or otherwise, or the
boundaries of any public water supply reservoir, natural lake or man-made impoundment
(except engineered impoundments constructed for fresh water storage associated with
fracturing operations) . "
The revised Draft Regulations (Section 560 . 4) proposes setbacks from high volume
hydraulically fractured gas wells that are without scientific basis and fail to protect water
supplies and public safety . They apparently ignore a 2011 peer-reviewed scientific study
on gas migration, "Methane contamination of drinking water accompanying gas-well
drilling and hydraulic fracturing " , conducted by Duke University
(http ://www. nicholas . duke . edu/cgc/pnas2011 .pdf) which demonstrated that elevated
levels of methane contamination of water supplies occur as far as one kilometer away
from Marcellus gas wells . Since high volume hydraulic fracturing (HVHF) is known to
impact water resources within a radius of one kilometer of a gas well , that should be a the
minimum setback from all water supplies in New York State.
Setbacks of 500 feet from private water wells , Section 560 . 4(a)( 1 ) , are inadequate to
protect the potable water sources for private water wells, which provide unfiltered water
for hundreds of thousands of New York citizens who live on the targeted shale
formations . Moreover the definition of water sources must include all waters that feed
into or affect present or potential drinking water supplies . These include reservoirs,
wetlands, streams , lakes , ponds , rivers, intermittent and seasonal water bodies and
springs .
Section 560 .4(a) (3 ) must be expanded to include principal and secondary aquifers and,
as stated above, a 500 foot setback is inadequate . These regulations must be expanded to
recognize and protect all usable aquifers . Principle aquifers are the primary water source
for most of upstate New York and currently lack any protections in the proposed
regulations .
The 2009 Hazen and Sawyer report, " Impact Assessment of Natural Gas Production in
the New York City Water Supply Watershed " , commissioned by the NYC Department of
Environmental Protection recommended "that natural gas well construction be precluded
within a buffer zone of seven miles from NYCDEP subsurface infrastructure . " The final
regulations should adopt this guideline for New York City ' s drinking water infrastructure
and then ensure that all drinking water infrastructures throughout the state are afforded
equal protection.
http ://www. nyc . gov/html/dep/pdf/natural gas drilling/rapid impact assessment 091609
. pdf
14) RE : Section 560 . 4 (a) ( 5 ) : Setbacks
DEC regulation,
"within 2, 000 feet of any public water supply (municipal or otherwise, or the boundaries
of any public water supply reservoir, natural lake or man-made impoundment (except
engineered impoundments constructed for fresh water storage associated with fracturing
operations) "
Comment :
The DEC and NYS Governor stated the regulations on HVHF would be based on science .
The science behind the 500 foot setback has not been provided and until research is
completed on migration of contamination from hydrofracked wells or research on the
effect of hydrofracking on air quality in areas surrounding wells, before HVHF begins .
This 2 , 000 foot setback from surface water supplies is an improvement over previous
setbacks but does not take into account that many people, particularly in rural settings,
obtain their water through ground water and aquifers and not only primary and principal
aquifers but other types of aquifers that are unprotected by the state . Elevated levels of
gas migration have been documented to occur as far as one kilometer (3 , 280 feet) from
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January 8 , 2013
HVHF . Accordingly, the proposed 2 ,000 feet setback from any public water supply is
inadequate .
Aquifers are often not yet mapped; therefore it is impossible to determine whether a gas
well is being drilled in an area closer than the 500 feet recommended by the DEC . The
DEC must not proceed to allow drilling until all aquifers in an area are mapped, all
abandoned gas wells are located and capped and studies are completed documenting the
health effects of air pollutants emitted from drilling sites .
The DEC does not mention setbacks from beneath lakes and rivers but should include
safe setbacks for these water bodies also even if they do not serve as a source of drinking
water for humans as they are likely drinking water for wildlife .
All setbacks must be based on specific geological information specific to the Marcellus
and Utica shale formations in New York, and must be justified by the DEC in a
scientifically responsible manner .
Citation : http : //www. nicholas . duke . edu/cgc/pnas2011 .pdf
15 ) Re : Section 560 . 5 (c) Testing, Recordkeeping and Reporting
Requirements
Any non-routine incident of potential environmental and/or public safety significance during
access road and well pad construction, well drilling and stimulation, well production, and
well plugging that may affect the health, safety, welfare, or property of any person must be
verbally reported to the department within two hours of the incident 's known occurrence or
discovery, with a written report detailing the non.routine incident to follow within twenty-
four hours of the incident 's known occurrence or discovery.
Comment:
In addition to the DEC being notified of any non-routine incident of potential environmental
and/or safety significance , the DEC must also require notification of the property owner,
immediate neighbors, and the local municipality . In case the non-routine incident will
potentially cause harm to human health, the local County Department of Health should also
be notified.
16) RE : Section 560 . 5 (d) ( 1 ) - Benzene, Toluene , Ethylbenzene and
Xylene (BTEX)
The statement that water testing specifically includes BTEX . (560 . 5 ( 1 )) seems to
indicate that BTEX may be used in HVHF , something the DEC has previously denied .
These volatile aromatic compounds are known to be toxic to humans and animals and can
contaminate both air and drinking water supplies .
Benzene, a component of both diesel fuel and BTEX, is classified by the EPA as a
carcinogen. The Center for Disease Control (CDC) states " ethylbenzene is carcinogenic
in animals . " According to the CDC' s Agency for Toxic Substances and Disease Registry
" . . . all four chemicals can produce neurological impairment . . . " and "Neurotoxicity is the
critical non-cancer effect of concern for BTEX mixtures . " " Based on findings in human
and animal studies , acute or repeated exposure to any of the BTEX component chemicals
is expected to produce neurological impairment resulting from the parent chemicals
acting on components of neuronal membranes "
BTEX and all other toxic additives must be prohibited in all phases of oil and gas
extraction.
17 ) RE : Section 560 . 5 (f) - Testing, Recordkeeping and Reporting
Requirements .
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Testing, Recordkeeping and Reporting Requirements, Section (f) requires that a Drilling
and Production Waste Tracking Form must be completed and posted to the owner or
operator' s website "within 30 days of receipt of waste by the disposal facility . " Only if it
is requested by the DEC is there a requirement of a completed form with the signatures of
the transporter and destination facility. There is no requirement with regard to volume of
contents loaded, vehicle required, proposed route, and volume of contents unloaded.
There are no regulations listed for the disposal or destination facility . The underlying
regulation, Section 364 , Waste Transporter Permits, has no specific requirements for the
transportation of drilling mud, flowback water, production brine or drill cuttings .
Because of federal exemptions for the oil and gas industry, these wastes are not classified
as hazardous waste, and because of this, federal regulations are less stringent with regard
to disposal and disposition. Waste from drilling mud, flowback water, production brine
and drill cuttings can contain salts , metal ions , some of which are toxic, organic
hydrocarbons , inorganic and organic additives , and naturally occurring radioactive
materials . In the interest of public health and safety, New York State must test these
residuals for hazardous components and classify these wastes as hazardous wastes when
they exhibit the characteristics of such.
18 ) RE : Section 560 . 5 ( h) - Chemical Disclosure
Section 560 . 5 allows "proprietary" chemical constituents to be withheld from public
disclosure . Companies may avoid disclosure if they claim the additive is a "trade secret. "
Trade secrets cannot be permitted to trump public health. Regulations must require full
public disclosure of all chemicals and additives, including quantities employed, in all
stages of the gas extraction process . Material Safety Data Sheets must name and identify
the quantity of every chemical used and be linked to each oil and gas well listed in the
DEC ' s online searchable database .
It is essential for property owners and residents who rely on private water wells to know
the chemical composition of the fracturing fluid used in wells surrounding and potentially
contaminating their water source, in order to obtain accurate, independent testing of their
water wells, before, during and after the extraction process . Residents in the vicinity of
oil and gas wells should be provided with Material Safety Data Sheets for every product
used in a gas well within one kilometer of their dwelling and/or their water supply .
Individuals charged with protecting public health, including county health officers,
doctors and first responders must have ready access to the chemical composition of all
chemicals used in the drilling and fracturing process .
Research has established links between oil and gas operations and human health.
"Natural Gas Operations From A Public Health Perspective" published in 2011
http ://www. endocrinedisruption . com/chemicals .journalarticle .php lists over 600
chemicals used in natural gas operations and found that many have long-term health
impacts, including on skin, eyes, and kidneys and respiratory, gastrointestinal,
brain/nervous, immune, endocrine, and cardiovascular systems, as well as causing cancer
and mutations .
19) Re : Section 560 . 6 (c) ( 7) (i - ii) Well Construction and Operation :
Drilling, Hydraulic Fracturing and Flowback
(7) A closed-loop tank system must be used instead of a reserve pit to manage drilling fluids
and cuttings for any of the following:
(i) horizontal drilling in the Marcellus Shale unless an acid rock drainage mitigation plan for
on-site burial of such cuttings is approved by the department; and
(ii) any drilling requiring cuttings to be disposed of off-site.
Comment :
Regular Town Board Meeting 112
January 8 , 2013
The DEC should not single out the Marcellus Shale in this part of the regulation but
include all hydraulic fracturing in shale throughout the state . The DEC should also
include vertical wells in this requirement rather than singling out horizontal wells using
HVHF since waste from hydrofracked vertical wells are currently regulated under rules
not substantively updated since 1972 .
Because the DEC allows known carcinogenic chemicals to be added of the makeup of the
drilling fluids, no open storage should be allowed, ever even for waste water from
vertical wells that have been hydraulically fractured.
The DEC should require all drill cuttings to be tested for radioactivity before a disposal
permit is issued . Waste that is radioactive should be disposed of as a radioactive
hazardous waste as defined without exemptions from state or federal laws .
20) Re : Section 560 . 6 (c) (24) Well Construction and Operation : Drilling,
Hydraulic Fracturing and Flowback
From the DEC regulations,
Diesel fuel may not be used as the base fluid for hydraulic fracturing operations.
Comment :
While prohibiting diesel fuel from being used as the base fluid for hydraulic fracturing, it
appears to be still allowed as an additive to the hydraulic fracturing mixture . Diesel
contains benzene which is fairly water soluble and which has been shown to be a
carcinogen. A small amount can contaminate large sources of water . The DEC should
forbid any use of diesel or other known carcinogens in the hydraulic fracturing fluid .
Although migration of fracturing fluid into water sources might be rare , they do happen
and those people whose drinking water source would be contaminated must be protected
against such an outcome .
Citations :
Congressional Investigation Finds Continued Use of Diesel in Hydraulic Fracturing
Fluids, http : //democrats . energycommerce .house . gov/index . php?q=news/waxman-
markey-and-degette-investigation-finds-continued-use-of-diesel-in-hydraulic-fracturing-f
Environmental Groups Call on EPA to Ban Diesel Use in Fracking,
http ://earthj ustice . org/news/press/2012/environmental ` groups-call -on- epa-to-ban-diesel -
use-in-fracking
Article : Frackers Continue Illegal Use of Toxic Diesel Fuels,
http : //www . southernstudies .org/2012/ 10/fackers-continue-illegal-use-of-toxic-diesel-
fuels .html
21 ) Re : Section 560 • 6 (c) (28) Well Construction and Operation - Drilling,
Hydraulic Fracturing and Flowback
Revised DEC regulations :
" The venting of any gas originating from the objective formation during flowback must
be through a flare stack at least 30 feet in height, unless the absence of H2S has been
demonstrated at a previous well on the same pad which was completed in the same
producing horizon. Gas vented through the flare stack must be ignited whenever possible.
The stack must be equipped with a self-ignition device. "
Comment :
Flare stacks are extremely loud and provide yet another reason to site drilling pads well
away from any dwellings or places where people assemble, inside or out. The DEC
should require gas companies to capture this vented gas since 1 ) vented methane is a
strong greenhouse gas that contributes to climate change, 2) Hydrogen sulfide gas often
mixes with the methane from shale and at chronic low levels has been linked to
Regular Town Board Meeting 13
January 8 , 2013
respiratory irritation, dizziness , memory loss and miscarriage . At high levels, H2S is a
nerve poison. Flaring converts H2S to less toxic sulfur dioxide which is noted to cause
acid rain. The DEC must assess the economic impacts of these airborne chemicals on
human health and the environment as it writes regulations to protect not only people
living now, but those in future generations .
Citation :
Toxicological profile for hydrogen sulfide .
http ://www. atsdr. cdc . gov/toxprofiles/tp114 .pdf
Toxicological review of hydrogen sulfide http : //www. epa. gov/iris/toxreviews/0061tr.pdf
22 ) Re : Section 560 . 7 ( i) - Waste Management and Reclamation
Revised DEC regulations :
"Flowback water recovered after high-volume hydraulic fracturing operations must be
tested for naturally occurring radioactive material prior to removal from the site. Fluids
recovered during the production phase (i. e. , production brine) must also be tested for
naturally occurring radioactive material prior to removal. Radiological analyses of
flowback water and production brine must include analysis for combined radium (Ra-226
and Ra-228) and other analytes as directed by the department.
The soils adjacent to the fowback water and production brine tanks must be measured
for radioactivity upon removal of the tanks, and at such other times as the department
may require. For soil samples, analyses must at a minimum include gamma spectroscopy
for all naturally occurring gamma emitters including Ra-226 and Ra-228 (as determined
from the presence of their decay products) . "
Comment :
Testing for radioactivity is important but these regulations do not require tracking of
radioactive waste to ensure chain of custody. The DEC must determine where radioactive
waste will be and has been disposed to ensure it does not expose people to radioactivity
or migrate to water bodies . Treatment of radioactive waste is expensive and not highly
effective . The DEC must assure residents that any and all radioactive waste will never
make its way into the water supply either via disposal wells, landfills or beneficial use
determinations . The DEC must evaluate these costs and require them to be borne by the
owner of the well, not the taxpayers of the state nor residents living nearby.
23 ) RE : Section 560 ( 10 - 20 ) Operations Associated with High Volume
Hydraulic Fracturing
One of the most critical and technically difficult aspects of the process of high volume,
slick water hydrofracking (HVHF) is preventing the well bore from contaminating
groundwater. There is nothing in the proposed regulations that will ensure that well
casings maintain their integrity over the lifetime of a well , or that compromised casings
will be quickly identified and repaired.
"From Mud to Cement — Building Gas Wells " an article published in Autumn, 2008
http ://www. slb . com/,/media/Fi1es/resources/oilfield review/ors03 /aut03/p62 76 . ashx
states "Even a flawless primary cement job can be damaged by rig operations or well
activities occurring after the cement has set. Changing stresses in the wellbore may cause
microannuli, stress cracks , or both . . . " . An undated PowerPoint by Southwestern Energy
Corporation describes how "cement and well casings can corrode over time due to
exposure to moisture and chemicals . " Other industry reports suggest 6% of all well
casing fail initially and that 60% of cement jobs will fail within 30 years .
The DEC must not permit HVHF in New York State until and unless it can clearly
establish, through peer-reviewed scientific studies , that there are proven ways to prevent
well casing failures over the lifetime of a well .
Regular Town Board Meeting 14
January 8 , 2013
24) Re : 560 . 7 Waste Management and Reclamation
Revised DEC regulations :
" (a) Fluids must be removed from any on-site pit and the pit reclaimed no later than 45
days after completion of drilling and stimulation operations at the last well on the pad,
unless the department grants an extension pursuant to paragraph 554. 1 (c) (3) of this
Title . Flowback water must be removed from on-site tanks within the same time frame.
(b) Removed pit fluids including used drilling mud must be disposed, recycled or reused
as described in the approved fluid disposal plan submitted pursuant to paragraph
554. 1 (c) (1) of this Title. Transport off-site of used drilling mud, flowback water and
production brine by vehicle must be undertaken by a waste transporter permitted
pursuant to Part 364 of this Title.
(c) Drill cuttings must be disposed as described in the approved drill cuttings disposal
plan submitted pursuant to paragraph 554. 1 (c) (4) of this Title. Cuttings contaminated
with oil-based mud or polymer-based mud containing mineral oil lubricant must be
contained and managed in a closed-loop tank system and may not be buried on site, and
must be removed from the site for disposal in a solid waste disposal facility. Transport
off-site of drill cuttings, except cutting samples collected upon the request of the
department or for analytical purposes by the owner or operator, and the pit liner by
vehicle must be undertaken by a waste transporter permitted pursuant to Part 364 of this
Title. Disposal or on-site burial of cuttings associated with other drilling fluids and any
associated pit liner must conform to all applicable department regulations. "
Comment:
Disposal of drilling mud, flowback water, production brine and drill cuttings refers back
to Section 554 . 1 and outlines how these wastes are disposed of, but again has no
requirement for chain of custody to ensure the waste actually reaches the intended
destination. Owners and operators are left to design their own waste plan and the state
does not specify final destinations for the waste , although they do review the waste plans .
Due to federal exemptions (see citation below) , many wastes from natural gas extraction
are not classified as hazardous waste even though they are designated as such when not
associated with gas production. The DEC should not allow wastes that would normally be
classified as hazardous when used in other industries or for other uses to be exempt from
being treated and disposed of as a hazardous waste during use in the process of drilling
for oil or gas .
Citation: EPA exemptions of oil and gas exploration and production wastes from federal
hazardous waste regulations . http ://www. epa. gov/osw/nonhaz/industrial/special/oil/oil -
gas .pdf.
One method of discarding solid waste from HVHF is in landfills with rubber liners .
These liners are not suited to holding in hazardous wastes for decades and can be
expected to leak especially in wet climates such as New York. The DEC should not allow
lined landfills to be a permanent disposal site for hazardous materials as defined by the
EPA without exemptions for the oil and gas industries .
25 ) Re : Section 750 - 3 . 3 (a) Prohibited Activities and Discharges
The prohibitions in this section are in addition to those listed in section 750- 1 . 3 of this Part,
unless in conflict, superseded or expressly stated otherwise in this section. Well pads for
HVHF operations are prohibited, and no SPDES permit will be issued authorizing any such
activity or discharge :
e .{'.
Regular Town Board Meeting 15
January 8 , 2013
(1) within 4, 000 feet of and including, an unfiltered surface drinking water supply
watersheds;
(2) within 500 feet of and including, a primary aquifer;
(3) within 100 year floodplains;
(4) within 2, 000 feet of any public (municipal or otherwise) drinking water supply well,
reservoir, natural lake, man-made impoundment, or spring; and
(5) , feet d a public (municipal or otherwise) drinking water supply intake
in flowing within 2 water 000 with an aroun additional prohibition of 1, 000 feet on each side of the main flowing
waterbody and any upstream tributary to that waterbody for a distance of one mile from the
- . public drinking water supply intake; and
(6) within 500 feet of a private water well or domestic use spring, or water supply for crops
or livestock, unless the Department has granted a variance from the setback pursuant to
subparagraph 560. 4 (c) of this Title, adopted on XX, 20XX.
Comment :
While the DEC is very stringent in prohibiting drilling activities within 4 ,000 feet of an
unfiltered public drinking water supply, it allows drilling within 500 feet of a private well
which is also unfiltered water. The DEC must be consistent and prohibit drilling within 4, 000
of ANY drinking water supply whether for one person or tens of millions .
26) Re : the Revised Regulatory Impact Statement; 8 . Alternatives
Approaches
Comment :
IThe DEC should consider alternative approaches that focus on a long view of energy
production and use . Rather than focusing on the economic benefits to oil and gas
companies and their shareholders, the DEC has an obligation to help move New York to
a more energy-efficient future using as many renewable sources of energy as possible and
conserving the limited natural gas for special uses and for generations to come .
Removing and exporting this resource is a terribly short-sighted energy policy .
27) Re : the Revised Job Impact Statement - High -Volume Hydraulic
Fracturing - 6 NYCRR Parts 52 , 190 , 550 - 556 , 560 , and 750 - Nature of
Impact
Revised DEC regulations :
" The proposed revised rules, implemented in combination with the Final SGEIS, once
issued, will have a positive impact on jobs and employment opportunities for such
businesses as waste haulers, construction firms and providers of lodging, food and other
services. Positive impacts will be created through direct employment, induced
employment and indirect effects. This impact is expected to be concentrated in the
counties where the Marcellus and Utica Shales are more likely to be commercially
producible. Lesser though still positive impacts may also be experienced in adjacent
localities and statewide.
Categories and Numbers Affected. The proposed revised rules themselves will not
negatively affect employment opportunities, and the activities guided by the proposed
revised rules will create jobs. "
Comment :
The DEC has not accounted for economic impact studies of areas where the "boom"
phase of gas extraction has negatively impacted not only small businesses, but caused
housing shortages, increased pressure on local services such as highway maintenance,
Regular Town Board Meeting 16
January 8 , 2013
police, jails, hospitals , first responders and schools . In areas where tourism is a driving
economic force , drilling for natural gas contradicts tourism as a positive economic driver .
A number of economic studies cited below directly disagree with the DEC ' s projection of
an economic benefit overall . The DEC must allow local municipalities to decide their
own economic drivers through acknowledging their rights of home rule .
Citation:
Natural gas Drilling in the Marcellus Shale . Potential Impacts on the Tourism Economy
of the Southern Tier.
http : //www. fossil . energy . gov/programs/gasregulation/authorizations/2011 applications/e
xhibits_ 11 - 128 -LNG/9 . Natural Gas Drilling in the Marcellus . pdf.
How New York State Exaggerated Potential Job Creation from Shale Gas Development
http ://www. fossil . energy . gov/programs/gasregulation/authorizations/2011 applications/e
xhibits 11 - 128 -LNG/9 . Natural Gas Drilling in the Marcellus .pdf.
Fossil Fuel Extraction as a County Economic Development Strategy- Are Energy-fousing
Counties Benefiting?
http ://www . fossil . enemy . gov/programs/gasregulation/authorizations/2011 applications/e
xhibits 11. - 128 -LNG/9 . Natural Gas Drilling in the Marcellus . pdf
Ms . Thomas aye
Ms . Tyler aye
Mr. Romer aye
Mr . Kerness aye
Adopted
PRIVILEGE OF THE FLOOR
Heinz Riederer said that is not happy with the process used by the Town Board to appoint
members to the Ad Hoc Committee and the committee appears to be a majority of Planning
Board members, therefore making that committee an extension of the Planning Board . Mr.
Riederer said that he feels it would be proper to involve people who are directly impacted by
lakeshore zoning .
The Board discussed the members of the Ad Hoc Committee and realalized that by appointing
Ken Zeserson , Chair of the Planning Board the Ad Hoc Committee would have a quorum of
Planning Board members .
Ms . Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses remove the Chairman
of the Planning Board, Ken Zeserson from the Ad Hoc Committee because it constitutes
a quorum of the Planning Board .
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr . Romer aye
Adopted
Lawrence McCann is concerned about significant costs and burdens and impacts to the
landowners because of the regulations and feels that there is a lack of representations for non-
lakeshore landowners above Maplewood, above the lakeshore . Mr. McCann would like to
request that the Town Board do an analysis of the initial costs and burdens and also request to be
on this committee to represent non-lakeshore property owners .
Mr . Kerness request Mr . McCann put his request in an email to the Town Board .
Robert Hesson feels it is very inappropriate to hold meetings during the winter because many
property owners are not in town.
Regular Town Board Meeting 17
January 8 , 2013
Ad Hoc Committee
Ms . Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses clarify the appointment
of Don Smith made on December 20 , 3012 as follows :
Don Smith was appointed to the Ad Hoc Committee as a representative of the West
Shore Home Owners Association .
THEREFORE confirming that the Ad Hoc Committee consists of the following people :
Rebbeca Scheider
Peter Fry
Rod Hawks
Darby Kiley
Don Smith
Don Wilson
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Personnel Policy
Ms . Thomas provided copies of the draft policy for the Board to review. The Board reviewed the
document section by section and made corrections and changes .
Ms . Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Personnel
Policy as amended January 8 , 2013 .
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Adjournment
Hearing no further business, Ms . Tyler moved, seconded by Ms . Thomas to adjourn the
meeting . Unanimously approved and meeting adjourned at 10 : 10 p . m .
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
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