County should explore requiring hefty bonds for local fracking

To the Editor:

There is some division over the coming of fracking to Athens County. The two principal sides have lined up either in favor of fracking because of the alleged economic benefits that are expected, or in opposition because of the environmental and health problems that have occurred in many other places where fracking has been employed. Any of those in the opposition who wanted to ban fracking from the county have abandoned this goal as tens of thousands of acres have been leased to gas companies. There are also others who are on the fence and undecided.

Both of the principal groups now generally agree that fracking should provide for the safety and health of people and livestock, the protection of aquifers and rivers and farmland, and the adequate maintenance of the county's roads and bridges, and that these things should be taken into account by the county – and the state. The county commissioners have some say about roads and bridges.

But the two sides differ on how much regulation is needed to provide this safety. The proponents of fracking worry that too much regulation, or even additional regulation, will discourage gas companies from going ahead with the local mining of the oil and gas embedded in shale rock. Many on this side think there is already sufficient regulation. If the companies do not go ahead with the mining projects, they fear, jobs, royalties and other economic benefits will not be realized. The opponents, including me, worry that too little regulation will allow the companies to wreak havoc on our land, air, water and health. We shouldn't forget that the gas companies have profit and not the wellbeing of Athenians as their foremost goal.

I am in favor of strong regulations and hope that Athens County Commissioners require any company that plans to undertake fracking operations in the county learn from the experiences of other counties in Ohio. For example, there are important provisions in the agreement that Stark County's Board of Commissioners signed with Chesapeake Exploration LLC (Cheseapeake) on Nov. 3, 2011. Among the provisions of the agreement, there is one paragraph that stands out. It has to do with a "performance assurance bond." Here's what is written:

"Chesapeake shall post a bond to cover the cost of any damages made to county roads, bridges, rights-of-way, roadside ditches, county ditches, county traffic control devices, etc., used or affected by Chesapeake, its contractors, subcontractors, and all respective agents, and employees, representatives, etc. The bond among shall provide $200,000 of surety coverage per mile of DESIGNATED ROAD and $250,000 of surety coverage per BRIDGE  utilized by CHESAPEAKE, its contractors, subcontractors, and all respective agents, employees, representatives, etc… A lesser surety amount may be provided if determined by the County Engineer to be sufficient to compensate for potential damage caused to the identified roadway or highway structures."

As we all anticipate different near-term effects of fracking in Athens, we do not agree on the extent of regulation that is needed. But we all agree, at least those who plan to stay in the county, that we need good roads, bridges and other related infrastructure. The county commissioners can help to protect the infrastructure of the county by signing agreements with gas companies that include surety bonds or performance bonds. It's insurance and assurance that we should expect.

Bob Sheak
Athens