Uploaded April 2012 | Updated September 2026, 2 weeks ago
WILKES-BARRE - Luzerne County Council decided Tuesday to postpone a vote to adopt an ordinance that would give the county a share of natural gas revenue until after a state judge rules whether to temporarily stop it from taking effect.
Act 13 allows counties and municipalities to receive impact fees from natural gas wells and related infrastructure, but it also lets gas companies challenge local ordinances that are stricter than state law.
A Commonwealth Court judge will hear a request Wednesday morning for an immediate injunction filed by a group including seven municipalities that contends the law is unconstitutional because it takes away local ability to control land use.
Several council members suggested waiting until after the judge's ruling to vote on the ordinance. Council President Jim Bobeck reminded them that under the state law, there's an April 16 deadline for counties and municipalities to pass an ordinance or they won't get any money.
The council agreed to a special meeting at 6 p.m. Monday as well as an amendment to the ordinance, which will now specify that its adoption does not limit Luzerne County's right to challenge the validity of provisions of the act.
Although council members unanimously dislike the legislation, they are divided on whether or not the county should benefit from it.
Councilwoman Elaine Curry, who called it a "poster child for bad legislation," said she is concerned from a health care standpoint. One provision in the law is that if a doctor has a patient who thinks he or she was exposed to any chemicals used in hydraulic fracturing, the doctor has to request in writing a list from the drilling company and sign a non-disclosure agreement, she said.
Councilwoman Linda McClosky Houck said she believes the act will be repealed. But in the meantime, she said, if a driller comes to town and there is no ordinance in place, the county would miss out on the fee.
Nine residents asked council to vote against the ordinance. Their main concern is that under Act 13, companies could put wells and gas infrastructure anywhere, including residential neighborhoods and near schools and water supplies.
"It's almost a bribe, as if you were coerced to take the money, because state government knows all local municipalities need money," said Dave Thomas of Plymouth Township.
Kim Krupsha of Kingston spoke on behalf of her nieces and nephews, who attend the Dallas schools.
She recalled how district residents and members of the Gas Drilling Awareness Coalition successfully worked to prevent Chief Gathering LLC from building a natural gas compressor station less than a third of a mile from the Dallas campus.
Gas Drilling Awareness Coalition co-founder Dr. Thomas Jiunta pointed out that gas wells only have to be 1,000 feet from water supplies such as the Huntsville and Ceasetown reservoirs.
Exeter councilman Larry Dellegrotto said borough officials spent "a considerable amount of time, effort and money" to redo the zoning ordinance to regulate where oil and gas related activity can go to protect residents.
"This is where you should just sit back and let the municipalities decide what they want to do for themselves," Carol Culver of Harveys Lake told council.
eskrapits@citizensvoice.com, 570-821-2072Luzerne County Council will hold a special meeting at 6 p.m. Monday, April 16, in the EMA building to vote on the natural gas impact fee ordinance.
Read more: citizensvoice.com/news/council-tables-vote-on-impact-fee-1.1298269#ixzz1rjUawt7Z The entire list of Pennsylvania water contaminations from fracking. files.dep.state.pa.us/OilGas/BOGM/BOGMPortalFiles/OilGasReports/Determination_Letters/Regional_Determination_Letters.pdf
WILKES-BARRE - Luzerne County Council decided Tuesday to postpone a vote to adopt an ordinance that would give the county a share of natural gas revenue until after a state judge rules whether to temporarily stop it from taking effect.
Act 13 allows counties and municipalities to receive impact fees from natural gas wells and related infrastructure, but it also lets gas companies challenge local ordinances that are stricter than state law.
A Commonwealth Court judge will hear a request Wednesday morning for an immediate injunction filed by a group including seven municipalities that contends the law is unconstitutional because it takes away local ability to control land use.
Several council members suggested waiting until after the judge's ruling to vote on the ordinance. Council President Jim Bobeck reminded them that under the state law, there's an April 16 deadline for counties and municipalities to pass an ordinance or they won't get any money.
The council agreed to a special meeting at 6 p.m. Monday as well as an amendment to the ordinance, which will now specify that its adoption does not limit Luzerne County's right to challenge the validity of provisions of the act.
Although council members unanimously dislike the legislation, they are divided on whether or not the county should benefit from it.
Councilwoman Elaine Curry, who called it a "poster child for bad legislation," said she is concerned from a health care standpoint. One provision in the law is that if a doctor has a patient who thinks he or she was exposed to any chemicals used in hydraulic fracturing, the doctor has to request in writing a list from the drilling company and sign a non-disclosure agreement, she said.
Councilwoman Linda McClosky Houck said she believes the act will be repealed. But in the meantime, she said, if a driller comes to town and there is no ordinance in place, the county would miss out on the fee.
Nine residents asked council to vote against the ordinance. Their main concern is that under Act 13, companies could put wells and gas infrastructure anywhere, including residential neighborhoods and near schools and water supplies.
"It's almost a bribe, as if you were coerced to take the money, because state government knows all local municipalities need money," said Dave Thomas of Plymouth Township.
Kim Krupsha of Kingston spoke on behalf of her nieces and nephews, who attend the Dallas schools.
She recalled how district residents and members of the Gas Drilling Awareness Coalition successfully worked to prevent Chief Gathering LLC from building a natural gas compressor station less than a third of a mile from the Dallas campus.
Gas Drilling Awareness Coalition co-founder Dr. Thomas Jiunta pointed out that gas wells only have to be 1,000 feet from water supplies such as the Huntsville and Ceasetown reservoirs.
Exeter councilman Larry Dellegrotto said borough officials spent "a considerable amount of time, effort and money" to redo the zoning ordinance to regulate where oil and gas related activity can go to protect residents.
"This is where you should just sit back and let the municipalities decide what they want to do for themselves," Carol Culver of Harveys Lake told council.
eskrapits@citizensvoice.com, 570-821-2072Luzerne County Council will hold a special meeting at 6 p.m. Monday, April 16, in the EMA building to vote on the natural gas impact fee ordinance.
Read more: citizensvoice.com/news/council-tables-vote-on-impact-fee-1.1298269#ixzz1rjUawt7Z The entire list of Pennsylvania water contaminations from fracking. files.dep.state.pa.us/OilGas/BOGM/BOGMPortalFiles/OilGasReports/Determination_Letters/Regional_Determination_Letters.pdf
