11/16/2009 Meeting Minutes - Laserfiche WebLink

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Regular Council Meeting Minutes 11-16-09 Page 4 The basic differences in the two Bills are, one, mandatory pooling. With Niehaus' Bill, mandatory pooling will be limited to five applications per driller per year. The Grendell Bill eliminates mandatory pooling because it conflicts with local determination. Also, one thing that Senator Grendell is going to be doing is he is going to file a lawsuit against the State on mandatory pooling. He is looking for a case right now because he is going to be challenging the constitutionality of mandatory pooling, stating it is in direct conflict with the Constitution of the State of Ohio. The second area is setbacks. The Niehaus Bill contains no setback limitations for the statute itself, but rules that tank batteries be 75 feet from a home and the well has to be 100 foot from a home regardless unless the ODNR grants a driller's request to place it closer. The Grendell Bill bans drilling in residential areas and within 1000 feet of an occupied dwelling unless authorized by local zoning authorities. No wellhead or tank battery nearer than 1000 feet from schools, public facilities and roads will be allowed. These are very similar to setbacks in states like Texas and New Mexico and some other areas around the country. Also the insurance requirements. Both Bills increase the liability insurance. The Niehaus Bill increases liability requirements to $1 million in bodily injury and property damage in rural areas and $3 million in urban areas. The Grendell Bill has a$5 million in bodily injury and $10 million in property damage. Both Bills expand the ODNR's enforcement powers. As far as local control, the Niehaus Bill pernuts oil and gas well drilling in residential neighborhoods in violation of local zoning, health and safety ordinances. It plans to pre-empt local control or continues to pre-empt local control. The Grendell Bill bans drilling in residential neighborhoods unless local zoning boards approve of it. If it is allowed, they would require a 1000 foot safety setback for all occupied dwellings. They also want to give local control back for the enforcement of local zoning ordinances. Some people are less optimistic about what's going to happen to local control. It's great that Mayfield Village is initiating proactive ordinances with regard to oil and gas drilling. Mr. Triner would be happy to answer any questions anyone may have at this time. Council President Buckholtz asked if there were any questions. There were none. Council President Buckholtz thanked Mr. Triner. Jean Triner 829 Hanover Mrs. Triner wanted to first express appreciation. She knows there has been a tremendous amount of good work being done by a lot of people, Aintree amongst them and the Ordinance Committee and everyone else. Mayfield Village is starting to get the reputation of leading the way and doing something pro-actively in terms of oil and gas drilling regulations or ordinances. She knows you have been hearing more than you have ever wanted to hear about it. She thought if it is any