May 28, 2015 4 min read

After nearly two years of zoning hearings, litigation and failed proposals surrounding the use of several Marcellus Shale impoundments in Mt. Pleasant Township, the parties involved decided to call the whole thing off.

Township officials agreed to withdraw the notices of violation the zoning board issued against four impoundments operated by Range Resources, and Range agreed to shut down the water storage sites and reclaim them by November. The settlement was unanimously approved by the board of supervisors during a meeting Wednesday.

“It seems to me that we have in front of us the best agreement that we can account for,” said Supervisor Dencil Backus, “and I can commiserate with the folks who have been suffering through this for such a long period of time, and it seems to me that we are very, very close to seeing this particular problem eliminated.”

The notices of violation were issued in July 2013, at which time the zoning board claimed Range bent the rules by continuing to operate the facilities after the well pads closest to the sites stopped producing. Mt. Pleasant officials wanted the impoundments removed.

Several months later, Range offered to close the Carter impoundment, which received the most complaints, while also converting the Stewart impoundment into an above-ground tank site. That proposal was rejected twice.

Range representatives argued during zoning hearings in early 2014 the impoundments were a legal nonconforming use and did not count as a well pad accessory. The company appealed the zoning board’s decision to Washington County Court, where it was pending.

The settlement stipulates Range must close its Carter, Cowden, Clingerman and Stewart impoundments once it finishes stimulating wells on the Toward pad in the township, which must occur before Nov. 1.

“We’re pleased to be able to develop a solution with the township and we appreciated all of their efforts. Range employs a portfolio approach to water management and this will not affect our ability to manage water and to continue with our water recycling and reuse program,” said Range spokesman Matt Pitzarella.

Kimberly Staub, who lives next to the Carter impoundment on Walnut Road, said Range officials told her those wells would be fracked in June for 18 to 25 days. She asked the board, “Why are we letting them continue using this until November?”

Supervisor Gary Farner said they negotiated a wider time frame in case Range encountered any issues.

Staub also asked if the township could closely monitor the reclamation of those sites, but township officials replied that the state Department of Environmental Protection was overseeing that process.

“For us living right by it, we’ve dealt with this for years, 24 hours a day, seven days a week,” Staub said. “I’m happy that it’s being closed, but my problem is there has to be some type of ordinance for them with the reclamation.”

The Carter impoundment was being used to store fresh water, which is in compliance with a consent agreement last September that resulted in Range paying $4.15 million for various leaks and issues at several Washington County impoundments. The order by the state Department of Environmental Protection also required Range to shut down five of its impoundments.

Range eventually received approval from Mt. Pleasant Township to convert the Stewart impoundment into a tank pad, but the settlement indicated that Range no longer had plans to construct that site “due to operational changes.”

Special counsel Chuck Means, who has been overseeing litigation related to the impoundments for the township, said Range would need to submit a new application if the company wanted to construct that site.

Also during the meeting, the board accepted the resignation of Solicitor Neva Stanger and approved the hiring of Gaitens, Tucceri & Nicholas, P.C.