MIDDLESEX TWP — The township planning commission on Wednesday night discussed a first draft of an ordinance that could allow the township some control of Marcellus shale natural gas drilling if it comes in the rural municipality.

Township engineer John Rusnak of HRG Engineering said township manager Scot Fodi drafted the proposed ordinance during the summer with the help of the office intern.

Rusnak said the intern researched and collected information from municipalities around the state on how they are doing to avoid being negatively impacted by Marcellus Shale drillers. Fodi said he then applied that information to address concerns raised in Middlesex.

Rusnak said the ordinance is a simple one because municipalities have very little control over the state-regulated drilling and hydro-fracking process other than to prohibit the activity in certain zones.

Rusnak said the draft ordinance includes promoting negotiations with drillers regarding lighting, air quality and safeguards, plus their impact on the township. It also requires that drillers explain their emergency action plan and site security.

“It tries to pull together information that is reasonable,” Rusnak said.

Planning commission member Alex Wing suggested the township consider requiring conditional use permits for each well so that drillers will be forced to come into contact with township officials each time they plan to sink a well.

“Every time they want to drill, they will have to pass a review process and get a permit,” Wing said.

He admitted enforcing the terms of the permit if drillers violate them would be a problem, as the township would be hesitant to enter a court case with drillers.

Commission member Greg Mason said he would like to see more specific requirements regarding the road damage and repair that is inevitable when heavy tanker trucks enter and exit well sites.

Mason asked Rusnak if the driller’s bond would cover the cost of repairing roads damaged by their trucks.

“The answer is generally no,” Rusnak said.

Mason also asked if the township can impose its residential impact fee on drillers, but Rusnak said the fee only can be charged to developers who stay in the township long-term.

Mason also asked whether the township can issue lighting requirements on drillers so lighting is directed toward the well and not dissipated into the area surrounding the well, or restrict the times drillers can use the bright lights required in the drilling process.

“I’ve seen (wells) lit up like a football field at midnight,” Mason said.

“I am not aware of any (municipality) that has restricted lighting,” Rusnak said.

Wing asked about watershed protection, and Rusnak replied that the state Department of Environmental Protection governs Marcellus shale drilling.

As far as controls over the handling of fracking water, Rusnak said state DEP officials, not the township, will determine whether a pond is constructed safely, or dole out consequences in the event of a spill or runoff.

“The township’s hands are tied during construction,” Rusnak said.

Planning commission members agreed to add their comments to the draft ordinance and forward them to Fodi. Rusnak said further discussions on the issue will take place at next month’s planning commission meeting, which is scheduled for 7 p.m. Sept. 27 at the township building.

Resident Ping Pirrung said after the meeting that while state governance of drilling is frustrating, she appreciates efforts by township officials to protect residents as much as possible.

Resident Dennis McCann said he was glad to hear that the requirement for drillers to pretest wells 1,000 feet or closer to a site might be increased to 2,500 feet.

He also was pleased that planning commission chairman Rich Brooks stated that wells can get their water from as much as a mile away.

“We are totally dependent on our wells,” McCann said. “If anything goes wrong, we can’t live there.”

Some residents of Connoquenessing Township say nearby Marcellus shale drilling sites have ruined or poisoned their wells. Some are using water sources provided by drillers, who have not admitted to tainting the wells.