[HISTORY: Adopted by the City Council of the City of Clairton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-2014 by Ord. No. 1892]
As used in this article, the following terms shall have the
meanings indicated:
Operations that involve the transmittal of seismic waves
to model the geophysical properties of the Earth's crust.
It shall be unlawful for any person to conduct any exploration
activities within the City of Clairton regarding oil, gas and/or other
materials by the use of energy source operations, including without
limitation weight drops, and/or vibrating machines, thumper trucks
or any other vehicles or equipment that causes vibrations, without
first obtaining a permit therefor from the City of Clairton. Use of
explosives for such activities is prohibited.
A.
Application
for a permit hereunder shall be made with the City of Clairton's
Code Enforcement Officer. Such application shall contain the following
information:
(1)
The
name of the applicant;
(2)
The
address of the applicant;
(3)
A map
designating a testing area and showing the location of all points
of use and the energy source to be used at each point;
(4)
A traffic
control plan for any operations or testing that will impede traffic
on a public right-of-way; and
(5)
The
applicant's insurance information, including the name of the
applicant's insurance carrier, the types and amount of insurance
covering its proposed operations, the name and telephone number of
an individual to contact in case of a claim for personal injury or
property damage, a copy of the applicant's certificate of insurance
naming the City of Clairton as an additional insured.
B.
A nonrefundable
permit fee of $500 for processing the application and preparing the
permit shall accompany each such application. An escrow of $4,000
will be included with the application to pay for the City Solicitor
and consultant time to process the application, coordination, inspections
and other tasks as described in the City Fee Resolution.
C.
On receipt
of such application, the Code Enforcement Officer or his designee
shall prepare a report showing all municipal parks, facilities or
infrastructure that may be negatively affected by the proposed exploration
activity located in the testing area shown in such application. Such
report and the application shall then be submitted to the City Manager
with the recommendations of the Code Enforcement Officer or his designee.
The term of a permit issued under this article shall be for
one year beginning on the date of approval of the permit by the City
Manager, and all energy source operations shall be completed within
said term. The applicant shall notify the Code Enforcement Officer
or his designee a minimum of three business days in advance of the
actual commencement of energy source operations. Once operations have
commenced, in the event the applicant is rendered unable, wholly or
in part, by circumstances beyond the applicant's control, to
complete operations within the remaining term of the permit, then
the time for completion may be extended after consultation with the
City Council by the City Manager or his designee for a period of time
not to exceed six months, upon written request by the applicant setting
forth full particulars of the circumstances, causing the delay which
were not within the control of the applicant and which the applicant
could not have avoided by the exercise of due diligence and care.
A.
All geophysical operations shall be limited to the areas identified
in the application. A copy of such map shall be attached to any permit
issued by the City of Clairton. If, during the course of operations,
any utility line must be relocated to maintain compliance with the
terms and conditions set forth herein or to ensure the safety of the
general population, the applicant shall notify the Code Enforcement
Officer or his designee at least three business days prior to embarking
on such relocation which shall be performed in compliance with City
of Clairton standards.
B.
The applicant shall employ a licensed engineer or geologist specializing
in vibration analysis to be approved by the City of Clairton, who
shall be on the job site during the entire period of testing to mitigate
any potential damage to public or private property. The applicant
shall also designate a point of contact who will respond within 24
hours to any request from the City Manager or his designee for information
regarding the applicant's testing operations, including a request
for maps of the testing area that show the points of use as planned
by the applicant at the time of the request.
C.
The applicant shall obtain written permission, as required by law,
from property owners before entering upon or crossing their property.
D.
The applicant shall be responsible for and shall settle all reasonable
and legitimate claims, demands and causes of actions relating to property
or persons arising out of or as a result of the applicant's operations
under this permit and shall handle all such claims in an expedient
manner.
A.
The applicant shall notify each owner of property, in writing by United States Mail to or personal delivery at the property, located within 250 feet of its planned energy source operations, a minimum of 10 working days prior to the conducting of any test or as required by law if a greater distance is specified. Said notice will include the anticipated start date of energy source operations and the energy source planned to be used. The applicant will offer to provide and will provide, if requested, to such owner, in writing, the insurance information required by § 208-3 to be included in its application.
B.
The applicant shall notify each owner of property, in writing by
United States Mail to or personal delivery at the property, located
within 125 feet of vibroseis or weight drop tests, a minimum of 10
working days prior to the conducting of any test, of the availability
at no cost to the property owner of pre- and post-test inspections
of all structures located on or under said property, including appropriate
testing for water wells. The applicant shall perform the offered inspections,
if requested by the property owner, before commencing any testing,
and shall provide a copy of the test results to the property owner.
The applicant shall maintain records of such inspections for a period
of two years and shall make such records available upon request by
the City of Clairton.
C.
The applicant shall place newspaper advertisements in the newspaper of record in the City of Clairton of not less than three inches by four inches explaining the work to be performed, the location of the proposed work, and a toll-free telephone number where residents may call for more information. Said advertisements shall be placed in all publication days during the two-week period prior to the issuance of the permit and again during the two-week period immediately before actual operations commence in the testing area. The toll-free telephone number provided by the applicant shall be answered during hours of operation as set forth in § 208-8 while work is ongoing in the City of Clairton, and an answering machine shall be installed to receive after-hour calls.
A.
The applicant shall engineer all source locations (vibrator source seep frequency and drive levels or other geophysical sources) so that no structure, subject to limitations contained in § 208-10D herein, shall be subject to any peak particle velocity greater than 6/10 inch per second.
B.
Using industry standard equipment and techniques, the licensed engineer required by § 208-5 shall monitor and record, during operations, all pertinent locations to ensure compliance with the maximum peak particle velocity established by Subsection A. If peak particle velocity for any test exceeds said maximum, the engineer shall notify the City Manager or his designee and cease all operations until corrections are made. The applicant shall maintain all documentation of monitoring activities for a period of at least two years and make said documentation available upon request for inspection by the City of Clairton.
C.
The applicant shall obtain location maps for all water wells, underground
hazardous waste storage/disposal sites, and water, sewer, oil, gas,
and chemical pipelines located in the testing area and conduct all
energy source operations in a manner so as to not damage, interrupt,
or otherwise interfere with said structures. Information obtained
by the applicant shall be used by the surveying teams and operations
manager to ensure compliance with the terms and conditions of this
permit and that safe operating distances are maintained. If requested
by the applicant, the City of Clairton shall make available, for inspection
and copying, maps, if any, prepared by or on the applicant's
reliance on any information furnished by the City of Clairton, its
agents, representatives, and employees, whether written or verbal,
shall be at the sole risk of the applicant and the following disclaimer
shall be placed on and shall apply to any and all such information:
APPLICANT ACKNOWLEDGES THAT CITY OF CLAIRTON HAS NOT MADE ANY
INDEPENDENT INVESTIGATION OR VERIFICATION OF INFORMATION REGARDING
SUBSURFACE STRUCTURES AND FACILITIES FURNISHED TO APPLICANT AND MAKES
NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS
OF SUCH INFORMATION. APPLICANT EXPRESSLY ACKNOWLEDGES THAT CITY OF
CLAIRTON MAKES NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED,
OR ARISING BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO, ANY
WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE OF SUCH SUBSURFACE
INFORMATION.
D.
All City of Clairton owned structures and other owned structures,
including but not limited to susceptible underground utilities (water
mains, sewer mains, etc.), shall have pre- and post-testing inspections
paid for by the applicant if they may be subjected to a peak particle
velocity greater than 35/100 inch per second. The City of Clairton
shall have the option of receiving reimbursement of its actual cost
of performing said inspection or having the inspection done by a third-party
firm hired by the applicant. Any reimbursement provided by this section
shall be paid to the City of Clairton within 30 days following the
applicant's receipt of an invoice from the City of Clairton.
Energy source testing may be conducted from 8:00 a.m. until
the earlier of sunset or 7:00 p.m. local time, on Mondays through
Fridays, and from 9:00 a.m. until the earlier of sunset or 7:00 p.m.
local time on Saturday. Testing shall not be permitted on Sunday.
A.
The applicant shall restore, at its own cost, the City of Clairton
owned lands or rights-of-way used in its operations to the original
condition just prior to the testing operations, free of damage, including
ruts or any injury to landscaping.
B.
The applicant shall ensure that its operations will not interfere
with the free and safe flow of traffic. When operations are immediately
adjacent to the pavement, all equipment shall be parked and/or operated
in one lane of traffic. The applicant shall adhere to all applicable
PennDOT traffic standards.
C.
The applicant shall notify the City Manager or his designee of any
equipment to be operated on the City of Clairton streets that will
exceed a maximum load limit of 20,000 pounds and obtain any special
permitting required.
D.
Cables placed on the pavement within rights-of-way must be arranged
so they do not create a hazardous condition or rumble strip effect.
All cables must be securely anchored to the roadway with materials
that will not damage and/or puncture the pavement. Nails, spikes,
and similar materials used for anchors shall not be placed inside
the pavement edge.
E.
Each testing crew performing work that impedes the flow of traffic
shall furnish at its cost adequate signs, barricades, flares, flagmen,
etc., as necessary, to protect the traveling public.
A.
The applicant shall furnish to the City of Clairton's City Manager,
or designee, a schedule of each week's test plans. The Municipal
Engineer shall inspect the road before and after testing. The applicant
shall pay any and all costs incurred by the City of Clairton as a
result of these inspections.
B.
All vibroseis or weight drop operations shall be conducted a minimum
distance of 150 feet from any building, which shall mean a structure
built for the support, shelter, or enclosure of persons, chattel,
or movable property of any kind and which is affixed to the land.
C.
The applicant shall maintain and make available upon request to the
City of Clairton, for a period of two years, the daily log of energy
source tests showing date, location, energy source used, drive level,
operator, and all other related information including seismic and
pre- and post-test survey.
D.
No energy source operation shall subject any building intended for
human habitation, utility line, water well, or underground hazardous
waste storage/disposal site to a peak particle velocity greater than
5/10 inch per second.
E.
The applicant shall notify the City Manager, or designees, within
24 hours after the occurrence of any violation of these permit requirements.
A.
The applicant shall submit to the City of Clairton a performance
bond in the amount of $500,000 from a surety authorized to do business
in Pennsylvania. The performance bond shall be valid for a period
of two years from the date that the permit is issued. The bond shall
provide, but not be limited to, the following condition: There shall
be recoverable by the City of Clairton, jointly and severally from
the principal and surety, any and all damages, loss or costs suffered
by the City in connection with the applicant's geophysical operations
within the City. The bond shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not be canceled
by the surety company until 60 days after receipt by the City of Clairton,
by registered mail or written notice, of such intent to cancel or
not to renew." The rights reserved to the City of Clairton with respect
to the bond are in addition to all other rights of the City of Clairton,
and no action, proceeding or exercise of a right with respect to such
bond shall affect any other rights of the City of Clairton.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the City
of Clairton showing the City as an "additional insured" with respect
to operations conducted within the City of Clairton and showing liability
insurance coverage covering commercial, personal injury, and general
liability in amounts not less than $5,000,000 property damage.
C.
The applicant shall protect, indemnify, defend, and hold the City
of Clairton, its officers, employees, agents, and representatives
harmless from and against all claims, demands, and causes of action
of every kind and character for injury to, or death of any person
or persons, damages, liabilities, losses, and/or expenses occurring,
or in any way incident to, arising out of, or in connection with,
its or its contractors', agents', or representatives'
operations under this permit, including attorneys' fees, and
any other costs and expenses incurred by the City of Clairton. Within
30 days of receipt of same, the applicant shall notify the City of
Clairton, in writing, of each claim for injuries to, or death of,
persons or damages or losses to property occurring or in any way incident
to, arising out of, or in connection with its or its contractors',
agents', or representatives' operations conducted under
this permit. At the City of Clairton's discretion, the City may
conduct an independent investigation, monitor, and review the processing
of any such claim to ensure that such claim is handled as required
herein.
D.
Any permit granted hereunder may be revoked upon breach of any term
or condition contained herein.
E.
Notwithstanding anything contained herein to the contrary, any permit
granted hereunder shall not be effective unless and until a copy of
the permit, signed by an authorized officer of the applicant, the
performance bond, and the certificates of insurance have been filed
with the City Manager.
A person who knowingly violates any provision of this article
shall be deemed guilty of a misdemeanor and, upon conviction, shall
be fined in an amount not to exceed $2,000. Each day of violation
shall constitute a separate offense.
