Eagle P & Z hearing - oil & gas ordinance CAIA CALL TO ACTION!
Tomorrow (Monday), April 2, at 6 P.M., the Eagle Planning & Zoning Commission will be presenting their first draft of an oil & gas ordinance for the city. The hearing will take place at Eagle City Hall, 660 E. Civic Lane in Eagle.
Public participation and testimony at this hearing is critically important in order to demonstrate that Eagle residents - as well as other Idahoans who could potentially use this as a model for their own communities - are deeply concerned with getting adequate protections put in place before drilling begins.
This document is intended to address emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other matters related to the health and safety of the public. Unfortunately, this first draft does not accurately reflect all of the changes that the city council and other members of the public asked for during a February 27 council meeting where the document was first unveiled.
Here is a link to the draft on the city’s website:
http://eagle-id.granicus.com/MetaViewer.php…
While there are a great many risks from oil & gas development in our communities that can, and should, be highlighted during testimony tomorrow night, I have pinpointed just a few of the most important elements of the document that we feel need to be addressed.
Without a doubt the most crucial issue we have with this first draft is insertion of the term, 'economically remunerative' in the following paragraph on pages 2 and 10:
PURPOSE: (pg 2: extraction, pg 10:post-extraction)The purpose of this ordinance is to provide, through zoning provisions, for the reasonable development of land for Oil and Gas drilling while providing adequate health, safety and general welfare protections of the City of Eagle residents. Accordingly, it is necessary and appropriate to adopt reasonable requirements for Oil and Gas resource development so that these resources can be obtained in a manner that is economically remunerative, and that minimizes the potential impact on the residents of the City of Eagle.
Nowhere in statute is there a requirement that cities and counties must assure operators will 'profit lucratively' from operations in their jurisdictions. The city’s duty is to protect Eagle residents and their property - both private and public - and Mayor Ridgeway and the entire council have made it crystal clear that they are deeply committed to doing exactly that. Municipalities and counties have neither the obligation, nor the authority, to waive those protections in order to ensure more lucrative profit margins for private oil and gas companies. This term MUST be struck from the draft ordinance or many, if not all, of the other most critical protective features could be unenforceable. At the first unveiling of this draft ordinance, Councilwoman Gold and CAIA members asked that it be removed, yet it is still in there. Having it struck is a first priority.
PERMIT APPLICATION: (pg 6: extraction, pg 12: post-extraction)
The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of no less than fifteen million dollars ($15,000,000) per occurrence with an aggregate of thirty million dollars ($30,000,000) and a company authorized to do business in the state of Idaho shall write the policy. The certificate shall require at least thirty (30) day notice to the county prior to termination of coverage for any reason.
This should also include, “The applicant will be required to sign an indemnification provision with the City.”
SETBACKS: (pg 7: extraction, pg 13: post-extraction)
While the substantial setback distances requested by the council are still in there, they are specified as being 'from occupied structures' rather than 'from property lines', as asked for. This is a very important distinction since it would leave structures that may not be occupied at the time of drilling - as well as properties slated for future development - vulnerable to harm.
WATER TESTING: (pg 5: extraction, pg 12: post extraction)
“The applicant shall provide - prior to drilling - documentation of baseline water testing on a minimum of two domestic wells,...”
This should include, “…by an independent third party at the applicant’s expense”
CHEMICAL TRACERS: (pg 5)
Non-reactive chemical tracers must be used in all drilling fluids.
While this brief sentence about chemical tracers being added to drilling fluids is in there (as requested by the council and residents), it is vague and nonsensical. This is verbiage that should be used instead:
Non-radioactive tracing or tagging additives, unique for each permitted drill site must be added to all fluids used for drilling, as well as post-drilling well 'treatments' - including hydraulic fracturing. The city shall be notified in writing of the formula identifying such additive(s), so that any negative impacts on water sources (i.e. leaks, contamination of aquifers and surface waterways), can be most effectively traced directly to the source.
CHEMICAL DISCLOSURE: (pg 4: extraction, pg 11: post-extraction)The Plan must contain the MSDS or similar disclosure for all chemicals used on site.
This should include, “….with no exemptions for trade secrets.”
PERMIT APPLICATION: (pg 5: extraction, pg 12: post-extraction)
Automatic emergency shut off valves that can be operated remotely must be installed on drilling equipment.
This should include, “…and post-extraction facilities, with access provided to city officials and first responders in case of a fire or explosion.”
These are just a few of the key provisions in this draft ordinance that still need a lot of work. We hope to have a large turnout Monday evening from everyone who is concerned about the impacts of drilling and potential fracking in our Idaho communities. In recent weeks CAIA was successful in helping residents of Fruitland establish unprecedented protections in their own oil & gas ordinance. We applaud the Fruitland City Council for taking a stand on behalf of their constituents. We are grateful that the Eagle City Council seems intent on expanding those protections even further and we need them to know that we appreciate their efforts and have their back.
See you tomorrow night! ... See more
CAIA CALL TO ACTION!
Tomorrow (Monday), April 2, at 6 P.M., the Eagle Planning & Zoning Commission will be presenting their first draft of an oil & gas ordinance for the city. The hearing will take place at Eagle City Hall, 660 E. Civic Lane in Eagle.
Public participation and testimony at this hearing is critically important in order to demonstrate that Eagle residents - as well as other Idahoans who could potentially use this as a model for their own communities - are deeply concerned with getting adequate protections put in place before drilling begins.
This document is intended to address emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other matters related to the health and safety of the public. Unfortunately, this first draft does not accurately reflect all of the changes that the city council and other members of the public asked for during a February 27 council meeting where the document was first unveiled.
Here is a link to the draft on the city’s website:
http://eagle-id.granicus.com/MetaViewer.php…
While there are a great many risks from oil & gas development in our communities that can, and should, be highlighted during testimony tomorrow night, I have pinpointed just a few of the most important elements of the document that we feel need to be addressed.
Without a doubt the most crucial issue we have with this first draft is insertion of the term, 'economically remunerative' in the following paragraph on pages 2 and 10:
PURPOSE: (pg 2: extraction, pg 10:post-extraction)The purpose of this ordinance is to provide, through zoning provisions, for the reasonable development of land for Oil and Gas drilling while providing adequate health, safety and general welfare protections of the City of Eagle residents. Accordingly, it is necessary and appropriate to adopt reasonable requirements for Oil and Gas resource development so that these resources can be obtained in a manner that is economically remunerative, and that minimizes the potential impact on the residents of the City of Eagle.
Nowhere in statute is there a requirement that cities and counties must assure operators will 'profit lucratively' from operations in their jurisdictions. The city’s duty is to protect Eagle residents and their property - both private and public - and Mayor Ridgeway and the entire council have made it crystal clear that they are deeply committed to doing exactly that. Municipalities and counties have neither the obligation, nor the authority, to waive those protections in order to ensure more lucrative profit margins for private oil and gas companies. This term MUST be struck from the draft ordinance or many, if not all, of the other most critical protective features could be unenforceable. At the first unveiling of this draft ordinance, Councilwoman Gold and CAIA members asked that it be removed, yet it is still in there. Having it struck is a first priority.
PERMIT APPLICATION: (pg 6: extraction, pg 12: post-extraction)
The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of no less than fifteen million dollars ($15,000,000) per occurrence with an aggregate of thirty million dollars ($30,000,000) and a company authorized to do business in the state of Idaho shall write the policy. The certificate shall require at least thirty (30) day notice to the county prior to termination of coverage for any reason.
This should also include, “The applicant will be required to sign an indemnification provision with the City.”
SETBACKS: (pg 7: extraction, pg 13: post-extraction)
While the substantial setback distances requested by the council are still in there, they are specified as being 'from occupied structures' rather than 'from property lines', as asked for. This is a very important distinction since it would leave structures that may not be occupied at the time of drilling - as well as properties slated for future development - vulnerable to harm.
WATER TESTING: (pg 5: extraction, pg 12: post extraction)
“The applicant shall provide - prior to drilling - documentation of baseline water testing on a minimum of two domestic wells,...”
This should include, “…by an independent third party at the applicant’s expense”
CHEMICAL TRACERS: (pg 5)
Non-reactive chemical tracers must be used in all drilling fluids.
While this brief sentence about chemical tracers being added to drilling fluids is in there (as requested by the council and residents), it is vague and nonsensical. This is verbiage that should be used instead:
Non-radioactive tracing or tagging additives, unique for each permitted drill site must be added to all fluids used for drilling, as well as post-drilling well 'treatments' - including hydraulic fracturing. The city shall be notified in writing of the formula identifying such additive(s), so that any negative impacts on water sources (i.e. leaks, contamination of aquifers and surface waterways), can be most effectively traced directly to the source.
CHEMICAL DISCLOSURE: (pg 4: extraction, pg 11: post-extraction)The Plan must contain the MSDS or similar disclosure for all chemicals used on site.
This should include, “….with no exemptions for trade secrets.”
PERMIT APPLICATION: (pg 5: extraction, pg 12: post-extraction)
Automatic emergency shut off valves that can be operated remotely must be installed on drilling equipment.
This should include, “…and post-extraction facilities, with access provided to city officials and first responders in case of a fire or explosion.”
These are just a few of the key provisions in this draft ordinance that still need a lot of work. We hope to have a large turnout Monday evening from everyone who is concerned about the impacts of drilling and potential fracking in our Idaho communities. In recent weeks CAIA was successful in helping residents of Fruitland establish unprecedented protections in their own oil & gas ordinance. We applaud the Fruitland City Council for taking a stand on behalf of their constituents. We are grateful that the Eagle City Council seems intent on expanding those protections even further and we need them to know that we appreciate their efforts and have their back.
See you tomorrow night! ... See more
