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County starts fixing gas rules
Planning Commission reviews proposed amendments

August 8, 2008
| Herald Staff Writer

The La Plata County Planning Commission reviewed proposed amendments to the county's gas and oil regulations at its meeting Thursday - including several alternatives concerning the disclosure of chemicals used at well sites.

Currently, disclosure of chemicals is not addressed in the county's regulations.

Although the commissioners had not taken action as of 10:30 p.m., they discussed staff recommendations to require records of all chemicals used to be made available to emergency and health-care professionals.

In two separate actions, the commissioners voted to adopt changes in two other key areas:

• The commission voted 5-0 to amend the existing definition of a major facility to include any facility containing internal-combustion engines or motors with a cumulative horsepower of 200, de-rated for elevation.

• The commission voted 4-1 to extend the right to appeal proposed well sites to any neighboring landowners within a quarter mile. Currently, only the surface landowners have the right to appeal.

Under the new regulations, the adjacent landowners would have to demonstrate "a reasonable likelihood" the well would cause injury.

Commissioner Travis Craig, acting as chairman for Wayne Buck, cast the dissenting vote. Traveling on business, Buck participated in the meeting via telephone.

Throughout the meeting, County Manager Shawn Nau reminded the commissioners that the challenge for the county lies in balancing its obligation to protect the health and safety of citizens with its obligation to protect industry rights, specifically in regards to disclosure of chemicals used.

"Getting that information, making sure health-care professionals get that information, making sure the public health department gets that information is the best we can do within our legal limits," he said.

Nearly 20 of the more than 60 people attending the meeting spoke. Josh Joswick with the San Juan Citizens Alliance urged the commissioners to be aggressive in protecting citizens' rights.

Speaking about the issue of chemical disclosure, he said, "This is a matter of public health versus profit. It's as simple as that."

Several gas and oil representatives also stood up to defend industry practices.

"We're all a part of this community," said Brittany Benko, a Durango resident and industry member. "I think we can work collectively together to protect (it)."

Nau told the board that the county staff, where appropriate, had recommended wording mirroring the state's proposed gas and oil regulations.

The Colorado Oil and Gas Conservation Commission delayed hearings until the week of Aug. 18.

Recommendations adopted by the La Plata County Planning Commission will be considered by the county commissioners for final approval.

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