Berks Gas Truth Applauds Bethlehem City Council’s Act 13 Action and Encourages Berks Officials to Follow Suit

Berks Gas Truth applauds Bethlehem City Council’s action to oppose loss of local control in Act 13; encourages Berks municipal and county officials to take similar action

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Kutztown, May 5, 2012:  Berks Gas Truth commends Bethlehem’s City Council for taking a stand against the zoning provisions in Act 13, a new law that strips power over drilling operations from municipal governments throughout Pennsylvania. A letter addressed to Governor Tom Corbett and state legislative leaders  and signed by all Council members states that  the “state Oil and Gas act gives municipalities the right to use our zoning code to restrict the location of gas wells – similar to how we sometimes restrict other types of economic activity through zoning.” It continues, “Further, the imposition of a ‘one size fits all’ ordinance undermines a central purpose of local ordinances: to address the particular needs and concerns of municipalities.”

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Berks Gas Truth is currently calling for Berks County’s municipalities and county commissioners to pass resolutions opposing Act 13’s zoning provisions and supporting a lawsuit filed by the Delaware Riverkeeper Network calling the law unconstitutional and seeking an injunction. On April 11^th, a Commonwealth Court judge granted a 120-day injunction on the section of the law dealing with zoning. “We are using that time to reach out to every municipality in Berks County to discuss the issues and provide copies of a sample resolution,” says Karen Feridun, Berks Gas Truth’s founder.

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“A lot of people don’t understand the far-reaching effects of Act 13,” says Feridun. Berks County and the Lehigh Valley are just grazed by the outcrop of the Utica Shale, a much deeper formation than the Marcellus Shale and one that the natural gas industry has plans to drill. “Shale formations are shaped a little like bowls,” says Feridun, “so being in the outcrop means that we’re on the rim of the bowl. The shale in this area is visible at the surface.” While drilling here is a possibility, it is not the imminent threat, however.

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The imminent threats to our counties are drilling operations. The zoning provisions in Act 13 pertain to all drilling operations, including those associated with pipelines, compressor stations, waste disposal, and seismic testing. Berks County is already slated for two pipeline projects. If Act 13 is allowed to stand, municipalities will have no voice in the planning of those projects. “Thanks to environmental regulations also in Act 13, a pipeline can now be placed 300 feet from an elementary school and, thanks to the section on zoning, there’s nothing your local officials can say about it,” says Feridun.

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Act 13 is best known for establishing impact fees for drilling, but fees are not collected for other drilling operations. Communities impacted by pipelines and other operations will go uncompensated.

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Berks Gas Truth is planning a county-wide public forum on Act 13 on May 30^th. Details are forthcoming.

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For more information on Act 13, contact Karen Feridun at berksgastruth@gmail.com or visit the organization’s website, www.gastruth.org.