Jun 26, 2014 3 min read

McMURRAY – Officials in Peters Township know they cannot stop natural gas drilling, but they are taking steps to regulate what they can to protect the rights of residents.

Council held a workshop Wednesday to discuss the most recent decision by the state Supreme County regarding Act 13, the state law regulating the extraction of natural gas from the Marcellus Shale layer.

Of the 30 audience members, only one was from the township. No public comment was taken.

There have been no requests for drilling sites in the township of about 22,000 residents, but neighboring communities, such as Union and North Strabane townships, are experiencing, or soon will experience, drilling operations.

In an attempt to place restrictions on any potential drilling sites, Peters Township Council enacted two ordinances in the past, one of which was a modification after Act 13 was approved by the state Legislature.

With the latest court decision, John Smith, township solicitor, told council, “You have a tough job ahead.”

No matter how much the township would like to regulate drilling operations – from large trucks on the road, to noise and dust pollution – local governments can not supersede state law.

“You all answer to the same god, and that is the Constitution,” Smith told council members.

One area the township can regulate is where trucks transporting to and from the sites many travel. In order to require local drilling companies to provide bonds to cover any damage that many occur, a weight limit must be established. Michael Silvestri, township manager, said weight limits are in place and the current township ordinance restricts trucks to collector or state-owned roads.

Smith, who is the solicitor for several area municipalities, including Cecil Township, said that in his experience drilling companies are willing to work with the local municipalities.

One step by the court was to declare that oil and gas drilling are industrial uses of land, and that those who own mineral rights cannot be discriminated against. If natural gas drilling in Peters Township was restricted to property zoned industrial, land would be limited. There are only a few small areas currently zoned industrial and many are in close proximity to residential plans.

Smith pointed out that currently the township does not have an ordinance regulating pipelines. When it comes to construction of pipelines, Smith said the township would need to investigate regulations to cover requests for pipelines above and below ground, and to understand the implication of lateral and vertical drilling.

Under state law, the township must permit drilling. “We’re not looking for ways to stop it, just ways to plan for it,” Smith said.

Council has several decisions to make when crafting future ordinances and requested that Smith develop options the township could take to protect not only the rights of residents, but also the rights of those who own the mineral rights.

“The board cannot just sit and wait,” Smith said.