RESOLUTION: NO. 2020-17 BOROUGH OF CLARKS SUMMIT COUNTY OF LACKAWANNA COMMONWEALTH OF PENNSYLVANIA  AI RESOLUTION OF THE BOROUGH OF CLARKS SUMMIT THROUGH THE: BOROUGH OF CLARKS SUMMIT AND ITS SURROUNDING COMMUNITIES  OPPOSING THE OVERLAND TRANSPORTATION OF LIQUEFIED NATURAL GAS  WHEREAS, the Borough of Clarks Summit (the "Borough") is a Borough and Municipality in the Commonwealth of Pennsylvania organized and governed açcording to the  8F Pa. C.S.A. $101, et seq. (the "Borough Code"); and  WHEREAS, the Borough is a community in Lackawanna County, Pennsylvania with approximately 5,000 residents and a vibrant commercial district situated along U.S. Routes 6 and  11;  WHEREAS, Section 1203 ofthe Borough Code authorizes the Borough to make and adopt all ordinances, bylaws, rules and regulations as may be necessary for the maintenance of peace,  good government, commerce, safety and welfare of the Borough; and  WHEREAS, pursuant to said Borough Code, the Borough has the authority to make regulations as may be necessary for the health, safety and general welfare of the Borough. See 8  Pa. C.S.A. $1202(5); welfare of citizens; and  WHEREAS, a fundamental purpose of government is to. protect the health, safety, and WHEREAS, Article L Section 27 of the Constitution of the Commonwealth of Pennsylvania provides that, "The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values oft the environment"; and  WHEREAS, Article I Section 27 of the Constitution of the Commonwealth of Pennsylvania further declares, Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit ofa all the people"; and    WHEREAS, it has been reported to the Borough's Council that New Fortress Energy and its affiliated entities are planning the overland transport of Liquefied Natural Gas ("LNG", also known as liquid methane) by truck on public highways and by railcar on existing railways from a proposed liquefaction plant to be located in the Wyalusing Township, Bradford County, Pennsylvania (the "New Fortress Energy Facility"), to a proposed LNG export terminal and port located in or near Gibbstown, Greenwich Township, Gloucester County, New Jersey, which is  situated along the Delaware River (the "Gibbstown Logistics Center"); and  WHEREAS, LNG would be transported from the New Fortress Energy Facility to the Gibbstown Logistics Center along public highways and railways which run directly through the  Borough, including its residential and commercial districts; and  WHEREAS, New Fortress Energy's subsidiary, Energy Transport Solutions, received a Special Permit from the Pipeline and Hazardous Materials Safety Administration for the transport  ofLNG by rail; and  WHEREAS, the transport ofLNG by New Fortress Energy and its subsidiaries presents significant safety hazards, including exposing those communities along roadways and railways to  unprecedented, and unjustifiable risk; and  WHEREAS, Delaware River Partners, LLC, a subsidiary of Fortress Transportation and Infrastructure Investors, LLC, has submitted an application to the Delaware River Basin Commission ("DRBC") under Docket D-2017-009-2 to construct a transloading facility ("Dock 2") at the Gibbstown Logistics Centert that would transferLNG from trucks and railcars to shipping  vessels; and  WHEREAS, the DRBC, which is comprised of representatives from the States of Delaware, New Jersey, New York and Pennsylvania and the federal govenment, has adopted a compact that declares, "the conservation, utilization, development, management and control of water and related resources ofthe Delaware River Basin under a comprehensive multipurpose plan will bring the greatest benefits and produce the most efficient service in the public welfare"; and WHEREAS,nether the Commonwealth ofPennsylvania nor thel DRBC has fully assessed the potential public safety, public health or environmental impacts of the proposed overland transportofLNG! by truck or by railcar ont the communities along thej possible transportation: routes between the Wyalusing Township, Bradford County, Pennsylvania, and Gibbstown, Greenwich  Township, Gloucester County, New Jersey; and  2    WHEREAS, no federal, state, or local agency*has conducted a risk assessment of the WHEREAS, no comprehensive Quantitative Risk Assessment, which quantifies the frequencies of events, such as transportation accidents and their consequences, has been undertaken of the trucks or railcars that would contain the LNG that would travel from the New Fortress Energy Facility, through our Borough and to the Gibbstown Logistics Center; and WHEREAS, neither the Commonwealth of] Pennsylvania nor the DRBC has conducted an assessment of the cumulative and long-term impacts of the full scope of New Fortress Energy's plan to liquefy natural gas from fracking wells in Northern Pennsylvania, transport the LNG by truck or rail to the Gibbstown Logistics Center and export by marine vessels overseas on the  specific transportation route(s) along which the LNG would travel; and  Delaware River; and  WHEREAS, the Borough and its surrounding communities have not been provided with training or support for emergency or first response service organizations to respond to accidents, fires, explosions, derailments, or other emergencies related to LNG overland transport; and WHEREAS, the absence of such assessments and support prevents the appropriate management of and avoidance of accidents, derailments, catastrophic events, health harms, and environmental damage and degradation that could occur from the overland transportation OfLNG through the Borough, including risks toj public health, property values, and the clean air and water  upon which our residents and businesses depend.  NOW, THEREFORE, BE: IT RESOLVED by the Council of the Borough of Clarks  Summit on this 2nd day of September 2020.  1. The members of the DRBC are hereby called upon to disapprove the pending application for the Dock 2 Project, filed under Docket D-2017-009-2. 2. The Commonwealth of Pennsylvania is hereby called upon to fulfill its constitutional duty and act affirmatively to protect the Commonwealths public natural resources by taking all actions necessary toj prevent the transportation ofLNG through Pennsylvania by truck or rail, and to conduct aj public health and safety analysis, a quantitative risk assessment, and a comprehensive environmental review of the potential impacts to  communities and the natural environment in Pennsylvania.  3    3. The Borough Secretary is hereby directed to submit an official copy ofthis resolution with the DRBC, with copies sent to the voting members at their respective locations: the Governors of Pennsylvania, New Jersey, New York, and Delaware, and the U.S. 4. The Borough Secretary is hereby directed to submit an official copy of this resolution to Governor Tom Wolf of Pennsylvania, with copies to Pennsylvanian Senator John Blake, Pennsylvania State Representative Bridget Malloy Kosierowski, and Pennsylvania Department of Environmental Protection Secretary Patrick McDonnell.  Army Corps of] Engineers.  ATFEST:  BOROUGH OF CLARKS: SUMMIT  C  -  Carey Council President G  B  Approved this 2nd day of September 2020 Kg Herman Johnson Mayor  4