Bans and Moratoria in New York State

In 2009 the DEC released a draft report known as the Supplemental Generic Environmental Impact Statement (SGEIS) This document looked at possible impacts of hydrofracking in New York State and proposed regulations for the industry. Due to significant criticism, the DEC released a revised SGEIS, but in this document too there were many inadequacies and issues not even addressed. The public comment period on the latest SGEIS recently came to a close and in response the DEC received 61,000 comments.

As many readers probably have heard, the SGEIS exempts  hydrofracking from the watersheds of New York City and Syracuse. This is a curious double standard applied to the states’ drinking water. As Jack Ossont, spokesman for the Coalition to Protect New York has said, “ If Fracking is so safe, why ban it in certain areas? And if it’s dangerous, why allow it in others?

I live in East Valley and my family depends on about 100 acres of watershed to feed the spring that is piped to our house. We also use a private well. Many of my neighbors have similar water resources. Based on the experience of people who live in hydrofracking zones across the country I feel these water supplies are vulnerable if this form of gas extraction is permitted in the Town of Alfred.  Why are urban areas protected and rural areas sacrificed?

Given that this inequity comes from Albany, towns and villages  are left on their own to attempt to protect themselves.  And as citizens, we are legally helpless unless our town governments act to protect us.

The moratorium that the Town of Alfred has put into place is a start. I recently received a document from an organization called Keuka Citizens Against Hydrofracking that compiles weekly the moratoria and bans that are in place or are being considered in the parts of New York State that could be affected if hydrofracking comes to New York. Things are happening quickly and the list grows by the week.

How does Alfred fit into the larger context of New York State?

As of 2/8/12 here are the communities that have protected themselves through moratoria (m), or bans (b). There are many additional communities that are in the process of study and discussion, and/or drafting pending legislation (p). I have grouped cities and towns by region because I think it is interesting to see how the Southern Tier compares with other regions in New York State:

In the Finger Lakes Region – Ithaca(b), Canandaigua(m), Skaneateles(m), Syracuse(b), Naples(m), Conesus(m), Livonia(m), Avon(p), Geneseo(p), Brighton(m), Lima(p), Mendon(m), Nunda(p), Springwater(p), West Sparta(p), Sparta(p),  Mount Morris(m), North Dansville(p), Rush(p), Dansville(p), South Dansville(p), Wayne(p), Pulteney(p), Canadice(p), Hector(p), Bristol(m), South Bristol(m), Ulysses(b), Dryden(b), Danby(b), Camillus(b), Geneva(b),  Benton (m), Jerusalem (m), Barrington(m), Milo(m), Middlesex(m), Dewitt(m), Tully(m), Marcellus(m), Spafford(m), Jordan(m), Elbridge(m), Otisgo(m),  Onondaga(m), Niles(m), Cortlandville(m), Richmond(m), Gorham(m), Caledonia(m), Enfield(p), Groton(p), Lansing(p), Hector(p), Starkey(p), Torrey(p), Summerhill(b), and Virgil(b). Yates County passed a resolution calling for the same protections for their watershed as New York City and Syracuse. Penn Yan will not accept any hydrofracking wastewater for processing at the village wastewater treatment plant.

In the Central Leatherstocking Region :  Utica(m), Rome(b), Otsego(b), Cobbleskill(p),  Cooperstown(b), Oneonta(b), Annsville(m), Augusta(m), Ava(m), Boonville(m), Camden(m), Clinton(m), Deerfield(m), Florence(m), Floyd(m), Forestport(m), Kirkland(m), Marshall(m), New Hartford(m), Paris(m), Remsen(m), Sangerfield(m), Steuben(m), Trenton(m), Vernon(m), Westmoreland(m), Whitestown(m), Manheim(m), Blenheim(p), Carlisle(p), Seward(p), Sharon(p), Middleburgh(p), Columbus(p), Plymouth(p), Smithville(p), Little Falls(p), Maryland(p), Milford(p), Morris(p), Westford(p), New Lisbon(p), Sangerfield(p), Vienna(p), Middlefield(b), Springfield(b), Cherry Valley(b), Plainfield(b), Richmondville(b), Butternuts(p), and New Lisbon(p).  The Cooperstown Chamber of Commerce has issued a statement supporting a total ban on fracking due to the impact on their watershed, farming, and tourism.

In the Catskill region -  Bethel(p), Highland(m), Sidney(p), Andes(m), Lumberland(b), and Tusten(b)   

In the Southern Tier:  Alfred (m), Canaseraga(p), Vestal(p), and Binghamton(m) 

In the Niagara frontier : Buffalo(b), and Wales(b)

Additionally, Dutchess, Ontario, Onondaga, Sullivan, Tompkins and Ulster Counties have enacted bans on county owned land.

Clearly the Finger Lakes and Central Leatherstocking regions are working hard to protect themselves, in spite of what the eventual DEC regulations might become. It gives me pause to see then how vulnerable the Southern Tier and Western New York will be.

As I looked over the methods that these towns have used to enact bans, the most common strategy that has been used is first, to rewrite or amend their Comprehensive Management Plan because many of them were created prior to fracking being an issue. Who would have imagined the wholesale transformation of the roads and countryside into an industrial zone?  Then second, to alter the zoning and land use laws to reflect the vision of the comprehensive plan, to then, in effect, “zone out” horizontal high volume slickwater hydrofracking.

I urge all citizens of the Town of Alfred to keep talking to the members of our Town Board and Town Planning Board. Let them know your feelings. This is the only way a moratorium will turn into a ban.

The Town Board meets the second Thursday of the month. The Town Planning Board meets the first Wed. of the month. Both meet at 7pm  at the Town of Alfred Offices on Shaw Road.