Chesapeake Bay Foundation Sees Positive Changes In Senate Bill 1100, Suggests Additions

The Chesapeake Bay Foundation made comments Friday saying they were encouraged with the changes made to Senate Bill 1100 (Scarnati-R-Jefferson) to better protect the environment and water quality from potential impacts by Marcellus Shale drilling and made several suggestions for strengthening the bill.

            "(W)e are encouraged to see a number of important recommendations from the final Commission Report.  Manifesting of wastewater, increased setbacks, increased bonding, expansion of notice requirements and plugging of abandoned wells are just a few of the notable changes to the Oil and Gas Act.

            "However, at this time we would also like to offer a few areas we believe Senate Bill 1100 could be improved to ensure it addresses all necessary environmental, health and safety concerns
            The changes recommended by CBF include:
-- Include a definition of best management practices to be incorporated into DEP standards and guidance;
-- Establish a definition of stream, spring or body of water consistent with other DEP programs;
-- Include a definition of "well site" to avoid confusion between a well pad and a well when measuring setback distances;
-- Include a definition of floodplain and flood fringe;
-- Include enhanced and inspection and monitoring requirements consistent with the Marcellus Shale Advisory Commission report;
-- Require operators to give DEP advance notice of the state of key drilling and production activities;
-- Provide specific statutory language for water management plans;
-- Clarify that setbacks are measured from the edge of disturbance;
-- Increase the setback distance for wetlands to 300 feet for wetlands of an acre or greater;
-- Tighten up the language protecting sources of public drinking water as recommended by the Governor; and
-- Adopt a reasonable drilling fee or severance tax with a significant portion dedicated to addressing the cumulative impacts of drilling and to fund the Environmental Stewardship Fund (Growing Greener).
            A copy of CBF's recommendations is available online.
            Senate Bill 1100 was amended and reported to the full Senate this week and immediately returned to the Senate Appropriations Committee for further amendment.  The Committee is set to consider the bill again on Monday, October 31 in an off the floor meeting.

10/31/2011

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