In recent months, Cecil Township has seen a cornucopia of proposed maps, ordinances, and social media posts concerning its oil and gas zoning ordinance. Today is no exception, as the Board of Supervisors (“Board”) has announced on social media that they plan to propose a strict 2,500-foot setback from all “protected structures.”
This decision came primarily because community members have urged the Board of Supervisors to change the ordinance to better reflect their needs. Another reason is that industry has failed to communicate with the Board about its future plans. The Board cannot operate on information it does not have, but it did have requests from hundreds of concerned residents to increase the setback distance.
Many of these requests are based on the growing list of peer-reviewed research linking poor health outcomes to people living in close proximity to fracking. In addition, residents have expressed frustration in approving additional oil and gas development when Range Resources, the predominant operator in the community, has had several environmental violations, including a major well failure. Therefore, the 2,500 ft setback proposal indicates that Cecil Township community members look to be on the precipice of receiving a major win here.
However, as crucial as this proposal is, the setback has yet to be adopted. It is critical that residents attend the hearing on September 4th to voice their support of this proposition. In addition, residents should be prepared to stay informed about the next steps after September 4th to ensure they take advantage of any additional opportunities to comment on the record during the ordinance amendment process.
Here is an abbreviated comparison of some changes to the current and proposed ordinance that will be discussed during this meeting:
*All proposed changes are subject to change until the Board has voted on the matter.
| Current Ordinance | Proposed Ordinance |
| Conditional use application is $2500 | Conditional use application is $4000 |
| No definition for: – Ambient noise level – Best Management Practices – Critical Impacts Areas – Drilling Site or Well Pad or Well – Hydraulic Fracturing – Non-Protected Structure | *for definition, see attached ordinance |
| No definition of a “protected structure” | PROTECTED STRUCTURE: Any occupied residence, commercial business, school, religious institution, or other public or private building used for similar uses that may be impacted by noise, emissions, light or other negative attributes of drilling operations, including but not limited to oil and gas development activities as defined herein, generated from drilling or hydraulic fracturing activity at a well site. |
| Provide the following to those within 1000 feet no later than two weeks before drilling: – Copy of the well survey plat (locations of planned wells) – Description of the planned operation and equipment used – Contact info for the operator, and – Availability to meet with the operator to hold a meeting to answer questions (prior to well site construction) | Provide the following to those within 4000 feet, no later than 30 days before drilling: – Copy of the well survey plat (locations of planned wells) – Description of the planned operation and equipment used Contact info for the operator, and – Availability to meet with the operator to hold a meeting to answer questions (prior to well site construction) |
| No requirements for the following: – Environmental Impact – Air Quality Study and Monitoring – Water Testing | To read details about all three of these new requirements, see below or in the linked proposed ordinance. |
| Act 13 minimum – 500 foot | According to the social media post on Aug. 29, 2024, there will be a mandatory 2,500 setback from all protected structures (see above for definition). |
Here are a few other items that the new proposed ordinance will bring:
O&G development is and maintains a conditional use
- Applications for conditional use are reviewed and approved by the Board
- Before application – the applicant is “encouraged” to meet with the Township manager to understand the proposal and the requirements they must meet
- Must list out all wells that they wish to develop
- For each additional well, a new conditional use application must be submitted
- Written permission from the property owner where development will take place
Notices
- Emergency management coordinator, Township manager, and Township engineer 90 days before startup and abandonment or shutdown of any well site
- Notify the Township manager within 24 hours of any nonemergency spill and when any cleanup will begin
- Notify the Township manager immediately of an emergency
- An Operator shall notify the Township Manager and Zoning Officer no later than seven (7) days before hydraulic fracturing or flaring activities are set to begin at the well site. An Operator will notify 911 of both hydraulic fracturing and flaring activities pursuant to the same time frame.
Setbacks
- The edge of the well pad shall be no less than 2,500 feet from any protected structure
- 250 feet from the nearest property line
- This can be waived only if ALL affected property owners agree to do so
Environmental Impact Analysis.
- The operator must analyze all the critical impact areas (on and off the site) that may be impacted by the facility and provide the Planning Commission and the Board with a report.
Air Quality Study and Monitoring
- The operator must provide an analysis that examines the air quality levels, smoke, odors, fumes, dust, and pollutants at the site. The analysis must include conclusions and recommendations on how to maintain or improve the air quality to the existing background level prior to the proposed use.
Water Testing
- The operator must provide a hydrological study that examines the existing surface and subsurface hydrogeology and how the proposed use affects the groundwater.
- The operator must offer baseline testing for all water supplies within 1,000feet of the surface well pad
- Required to drill a test well outside of the well pad but no more than 750 feet from a well location that intersects well-known or viable aquifers = baseline assessment of water quality before drilling. All tests are to be submitted with the application
Vibration
- Vibrations are not allowed to be detected by instruments on any lots lines shared with the operation
- No physical vibrations exceeding the Integrational Standards Organization (ISO) Operating Theater Velocity limit – 100 micrometers per second in any third-octave band, in the structures of any Protected Structures on parcels adjacent to the well pad or facility.
The Board will be holding a special meeting at 6:00 PM on Sep 4, 2024 asking for feedback and comments on their new ordinance. During this meeting, the Board is asking for your feedback on the new changes.
If you have any questions, reach out to info@centerforcoalfieldjustice.org
