RIDGWAY — The Ridgway Township Supervisors on Tuesday afternoon voted against implementing an ordinance that would have banned unconventional drilling for shale gas within its municipal borders.
Supervisors John Gardner and Milly Bowers voted against the establishment of an ordinance, while Supervisor Rick Glover voted in favor of implementing it.
The board appeared to take the advice of its solicitor, Jim DeVittorio, who has previously indicated that such an ordinance banning drilling would go against the municipality’s current zoning law, which does not address oil and gas activities, and could be viewed as conflicting with portions of Act 13 — the most recent amendment to the Commonwealth Oil and Gas law. If passed, the ordinance could have opened it up to a legal challenge.
Act 13 — signed into law last year by Gov. Tom Corbett — permits for the development of oil and natural gas resources.
“I would like to act on it, but I would not adopt it,” Bowers said. “I would like to wait to see until the (state) Supreme Court acts on Act 13.”
Glover felt the ordinance should be tabled for additional review, but Gardner and Bowers both were opposed to that.
To that end, some township residents believe the supervisors voted against what they called a “Bill of Rights.”
Resident Bill Stump questioned how the supervisors could put corporation profits over the health of residents.
Following the meeting, Stump said “the residents, the people are the majority, not the corporations. We are not going to stop trying to protect the citizens.”
Resident Bill Granche wondered what it was going to take for the supervisors to act.
“I don’t know what it will take for you to act to protect their (residents) health over the wealth of the corporations of the gas industry,” said Granche said. “We have to protect ourselves. What difference does it make if we get used if we have no water? It just doesn’t make sense. This is bad for the people. To me, it just seems illogical.”
In response, Bowers said the proposed ban would have violated Act 13.
“It nullifies state laws and permits,” Bowers said. “It is exclusionary zoning completely banning oil and gas activity. It not only takes away a corporation’s right to develop oil and gas, but it also takes away the right of a private citizen to develop oil and gas. We are pre-empted by state laws. They supersede our authority.”
To that end, Glover said he agreed with the residents that were for a ban.
“We do have to protect our citizens’ health,” Glover said. “The state and federal government are not protecting us. Health, to me, is more important than the money.”
Glover felt the issue should be tabled until the July meeting. However, that was not to be.
In February of 2012, the Pennsylvania General Assembly passed House Bill 1950 by a narrow margin, and was signed into law on Feb. 14, 2012 by Corbett. The local zoning provisions took effect in mid-April and gives municipalities 120 days to comply. The oil and gas industry had argued they needed a standardized statewide township ordinance, while the resulting Act is considered onerous by many, since it essentially strips local municipalities of their zoning rights.
The matter was discussed at length at a township supervisors meeting on May 22, where residents were joined by “Mac” Sawyer, who drove more than three hours from Bradford County to warn the township of the effects of shale drilling he witnessed firsthand as someone who worked for the industry.
The state Supreme Court will be issuing a ruling on the matter sometime in the future. An appellate court last summer ruled in favor of municipalities, who argued the Act was unconstitutional.
