NEWTON TWP. - Supervisors moved one step closer toward adopting an ordinance meant to regulate gas and oil drilling - should drilling ever arise.
However, they emphasized no further action will be taken until a final decision on Act 13 is reached.
State Act 13 established an impact fee for natural gas drillers and other regulations for gas development. âA court later struck down some of the provisions as unconstitutional. Gov. Tom Corbett's administration has appealed the decision.
At Monday's board of supervisors meeting, the supervisors announced they had received the state Public Utility Commission's advisory opinion regarding the township's proposed local ordinance.
The ordinance was designed to establish legal drilling sites, setback requirements, wastewater and sludge removal, noise limits and weight restrictions on local roads.
Aside from some language discrepancies that are "easily fixable" - should the township decide to address them - the opinion said the proposed ordinance is in compliance with specific sections of Act 13, solicitor Joseph Sileo said.
"Overall, I think our township did a pretty good job of trying to work within the limits of this act," Supervisor Ron Koldjeski said. "The bottom line is that we tried to put together an ordinance that protects the township and its residents."
In January, a number of residents voiced their concerns about the potential of natural gas drilling in the township, so the supervisors appointed a group of citizens to an advisory committee.
The committee members, along with the supervisors and township consultant Jack Varaly, crafted the ordinance.
In May, the supervisors submitted the proposed ordinance to the PUC for an appraisal to find out whether the ordinance would comply with the new law.
"The township took advantage of a unique situation to get feedback from an agency that has regulatory expertise over these types of issues," Mr. Sileo said. "I think we are much further ahead of the game because of that."
Still, the supervisors stressed that the ordinance wouldn't be adopted until "officials in Harrisburg say this is really it," Mr. Koldjeski said, referring to Act 13.
"For all we know, the appellate court could come out tomorrow with a decision saying the whole act is invalidated," Mr. Sileo said. "For now, I think we just have to wait and see how it turns out."
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