[Ord. 3/29/1990A, § 1200]
To establish reasonable and uniform regulations, limitations,
safeguards and controls for present and future operations related
to exploring for, drilling for and the development, production, transportation
and/or storage of oil, gas and other hydrocarbon substances within
the Township; and to define the responsibility for compliance with
this part, so that such activities may be conducted in harmony with
other uses of land, thus protecting Township residents in the enjoyment
and use of their property and providing for the public health, safety
and general welfare.
[Ord. 3/29/1990A, § 1201; as amended by Ord. 97-7,
10/13/1997, § 27-1302; and by Ord. 17-03, 3/27/2017]
The terms used in this part shall, unless the context indicates
otherwise, have the respective meanings herein set forth.
Improvements, equipment or facilities of a type or design
approved by the Commission, Fire Department or Township Engineer.
A sudden or violent escape of oil or natural gas, as from
a drilling well when high formational pressure is encountered.
A mechanical, hydraulic, pneumatic or other device or combination
of such devices secured to the top of a well casing including valves,
fittings and control mechanism connected therewith or a heavy casing
head control fitted with special gates or rams which can be closed
around the drill pipe, or other tubular goods which completely closes
the top of the casing and is designated for preventing blowout.
The Bureau of Oil and Gas Management, Department of Environmental
Protection, or the Oil and Gas Division of the Department.
A string or strings of pipe commonly placed in wells drilled
for natural gas or petroleum.
Any gas or vapor, or both gas and vapor indigenous to an
oil stratum and produced from such stratum with oil.
An excavation around and above the top joint of the casing
of a well.
The Oil and Gas Conservation Commission of the Commonwealth
of Pennsylvania.
Is completed for the purpose of this chapter 30 days after
the drilling, redrilling or reworking crew has been released through
completion of its work or released by those employing said crew.
Liquid hydrocarbons which were originally in the gaseous
phase in the reservoir.
The rights of each owner of oil and gas interest in a common
pool or source of supply of oil and gas to have a fair and reasonable
opportunity to obtain and produce his just and equitable share of
the oil and gas in such pool or sources of supply without being required
to drill unnecessary wells or incur other unnecessary expense to recover
or receive such oil or gas or its equivalent.
Any portable framework, tower, mast or structure which is
or are required or used in connection with drilling, reworking, operating
or maintaining a well for the production of oil, gas or other hydrocarbons
from the earth.
The cessation of operation at a drill site without compliance
with the provisions of this chapter relating to suspended operations,
idle wells or abandonment.
The premises used during the drilling or reworking of a well
or wells located thereon.
Digging or boring a new well for the purpose of exploring
for, developing or producing oil, gas or other hydrocarbons, or for
the purpose of injecting gas, water or any other fluid or substance
into the earth.
The derrick, together with all parts of and appurtenances
to such structure, every piece of apparatus, machinery or equipment
used or erected or maintained for use in connection with drilling.
Includes spacing unit and shall mean the area designated
in a spacing order as a unit or as designated by a drilling or utilization
agreement and within which all operators have the opportunity to participate
in the well or wells drilled thereon on a just and equitable basis.
Any fire department, whether voluntary or otherwise, which
has jurisdiction over any premises falling within the confines of
this chapter.
Any gas or liquid.
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions.
It shall also mean all natural gas and oil, other volatile hydrocarbons
not herein defined as oil, including condensate because it was originally
in a gaseous phase in the reservoir and shall include the gaseous
components occurring in or derived from petroleum or natural gas.
Any well drilled or to be drilled or used for the intended
or actual production of natural gas.
Whenever any well fails to produce at the quarterly rate
of 20 barrels of crude oil or other hydrocarbon substances or at a
quarterly rate of 100,000 cubic feet of gas for sale, lease or storage
for two successive calendar quarters, such well shall be classified
as "idle."
A tract or tracts of land which by virtue of an oil and gas
lease, fee or ownership, constitutes a single tract for the purpose
of the development or operation thereof for oil or gas or both.
The person who has executed an oil or gas lease or sublease,
or the owner of the land or minerals, or his heirs, executors, administrators
or assigns or one who conducts or carries on any oil or gas exploration,
development or operation thereof, or any person so operating for himself
or others.
The owner of surface or mineral rights who has executed an
oil or gas lease.
A new well bore or new hole established at the ground surface
and shall not include redrilling or reworking of an existing well
which is not abandoned.
Any operator who owns an interest in land included in a spacing
unit, and who has not elected to participate in the drilling, equipping,
completing and operating the well or wells to be drilled on such unit,
and to share in the costs of the same.
Crude petroleum oil and all other hydrocarbons regardless
of gravity produced at a well in liquid form by ordinary production
methods but does not include liquid hydrocarbons which are originally
in a gaseous phase in the reservoir.
The construction, use or maintenance of any installation,
facility or structure used, directly or indirectly, to carry out or
facilitate one or more of the following functions: exploring, drilling,
redrilling, development, reworking and repair, production, processing,
extraction, enhanced recovery, stimulation, abandonment, storage or
shipping of oil or gas from the subsurface of the earth.
The physical location where oil operations are conducted.
Any well drilled, to be drilled or used for the intended
or actual production of liquid petroleum or petroleum products or
for the intended or actual disposal of waste liquids, including solutions
and liquids containing soils in suspension produced from any such
well.
Any owner of the right to develop, operate and procure oil
and gas from the pool of any person drilling, maintaining, operating,
pumping or in control of any well. However, if the operator, as herein
defined, is different for the lessee under an oil or gas lease or
any premises affected by the provisions of this chapter, then such
lessee shall also be deemed to be an operator. In the event that there
is no oil or gas lease in existence, the owner of the fee estate in
the premises shall also be deemed an operator. In the event that the
oil is owned separately from the gas, the owner of the substance being
produced or sought to be produced from the pool shall be considered
as operator as to such pool.
Where several contiguous parcels of land in one or different
ownerships are operated as a single oil or gas lease or operating
unit, the term "outer boundary line" shall mean the exterior limits
of any land included in the lease or unit. In determining the contiguity
of any such parcel of land, no street, road or alley lying within
the lease or unit shall be deemed to interrupt such contiguity.
A person who owns the legal or equitable title in and to
the surface of the drill site or oil operation site.
Any operator who owns an interest in land included in a spacing
unit, and who has elected to participate in the drilling, equipping,
completing and operating the well to be drilled on such unit, and
to share in the costs of the same.
A drilling permit issued or sought to be issued under this
chapter, authorizing the drilling of an oil well or gas well or other
oil operations as herein defined.
The person to whom is issued a permit authorizing the oil
operations which are the subject matter of this chapter, and his or
its administrators, executors, heirs, successors and assigns.
Includes both the singular and the plural and shall mean
any natural persons, corporation, association, partnership, receiver,
trustee, executor, administrator, guardian, fiduciary or other representative
of any kind and includes any department, agency or instrumentality
of the commonwealth, or any governmental subdivision thereof.
An underground reservoir containing a common accumulation
of oil and gas, or both, not in communication laterally or vertically
with any other accumulation of oil or gas.
The use of oil operations for gauging, recycling, compressor
repressuring, injection, reinjection, dehydration, stimulation, separation
(including, but not limited to, separation of liquids from gas), shipping
and transportation and gathering oil, gas, other hydrocarbon substances,
water or any combination thereof.
The owner of the well or wells capable of producing oil or
gas or both.
Recompletion of an existing well by deepening or sidetrack
operations extending more than 150 feet from the existing well bore.
Recompletion of an existing well within the existing bore
hole or by deepening or sidetrack operations which do not extend more
than 150 feet from the existing well bore, or replacement of well
liners or casings.
Public rights-of-way including streets, easements and other
property within the Township and which is dedicated to the use and
benefit of the public.
Any owner of oil or gas in place or oil or gas rights subject
to a lease covering such oil or gas in place or oil and gas rights.
Royalty owner also means any owner of an interest in an oil or gas
lease which entitles him to share in the production of the oil or
gas under such lease or the proceeds therefrom without obligating
him to pay any costs under such lease. Royalty owner shall also mean
the owner of any interest of the oil or gas in place or oil or gas
rights who has not executed an oil or gas lease to the extent that
such owner is not designated an operator.
A well capable of producing in excess of the minimum requirement
for an idle well, but which is not placed into production due to lack
of market.
Any flame, arc, spark or heated object or surface capable
of igniting liquids, gases or vapors.
A drilling unit.
That portion of any subterranean sand or rock stratum or
strain into which gas is or may be injected for the purpose of storage
or for the purpose of testing whether said stratum is suitable for
storage.
An earthen pit lined for the discharge of oil field wastes.
A container, covered or uncovered, used in conjunction with
the drilling or production of oil, gas or other hydrocarbons for holding
or storing fluids.
Such person familiar through experience in, exposure to,
or education in oil and gas well operations as may be retained from
time to time by the Township.
Used herein or not specifically defined herein shall have
that meaning customarily attributable thereto by reasonable and prudent
operators in the oil and gas industry.
The following shall be considered "waste":
Physical waste as the term is generally understood in the oil
and gas industry which includes the following:
Permitting the migration of oil, gas or water from the stratum
in which it is found to other strata if such migration would result
in a loss of recoverable oil and gas or both.
The drowning with water or any stratum or part thereof capable
of producing oil or gas in paying quantities except for secondary
recovery purposes or in hydraulic fracturing or other completion practices.
The unnecessary and excessive surface loss or destruction of
oil or gas.
The inefficient or improper use, or unnecessary dissipation
of reservoir energy.
The drilling of more wells than are reasonably required to recover
efficiently and economically the maximum amount of oil and gas from
a pool.
A hole or holes, bore or bores, to any sand horizon, formation,
strata or depth for the purpose of producing any oil, gas, liquid
hydrocarbon, brine water, sulphur water or for the use as an injection
well for secondary recovery, disposal or any of them.
The maintenance work performed within any existing well bore
which does not involve drilling, redrilling or reworking.
[Ord. 3/29/1990A, § 1202; as amended by Ord. 01-6,
10/22/2001, § 22; by Ord. 07-03, 3/26/2007, § 17;
by Ord. 09-03, 6/22/2009, § 18; and by Ord. 17-03, 3/27/2017]
Oil and gas wells and the drilling of such wells are permitted as a special exception in the R-2, R-2M, R-25, R-15, CB-2, LI and HI Zoning Districts; provided, that they meet all of the requirements of this part, specifically, the special exception criteria, detailed in § 27-1810 and Part 26. In conjunction with and during drilling operations, trailers may be permitted at the drilling site for temporary use for offices, laboratories and/or living quarters.
[Ord. 3/29/1990A, § 1203]
1.Â
Administration. The Township Zoning Officer, or his duly appointed
representative, is hereby authorized and directed to enforce the provisions
of this part.
2.Â
Right of Entry.
A.Â
Whenever necessary to enforce any of the provisions of this part,
or whenever the Township Zoning Officer has reasonable cause to believe
that there exists in any building or upon any premises, any officer
and/or a Township appointed technical advisor may enter such building
or premises at all reasonable times to inspect the same or to perform
any duty imposed upon the Township Zoning Officer by this part. If
such entry is refused, the Township Zoning Officer shall have recourse
to every remedy provided by law and equity to secure entry.
B.Â
No owner or occupant or any other person having charge, care, custody
or control of any building or premises shall fail or neglect, after
proper demand, to permit prompt entry therein by the Township Zoning
Officer, or his representative, for any purpose pursuant to this part.
3.Â
Agent. Every operator and/or lessee of any well shall designate himself,
or an agent or agents, who is a resident of the Commonwealth of Pennsylvania,
upon whom all orders and notices provided in this part may be served
in person or by registered or certified mail. Upon application for
a permit hereunder, such operator and/or lessee shall notify the Township
Manager, or his/her designee of the name and address of said agent,
and shall, within 10 days, notify the Township Manager, or his/her
designee, in writing of any change in such agent or such mailing address
unless operations within the Township are discontinued.
[Ord. 3/29/1990A, § 1204]
It shall be unlawful and a violation of this chapter for any
person to commence oil operations or to explore for oil and gas or
drill, redrill, deepen, rework, activate or convert any well within
New Hanover Township without a special excepting having first been
approved by the Township Zoning Hearing Board and a permit having
been issued in accordance with the terms of this chapter. No permit
shall authorize the drilling, redrilling, deepening, reworking, activating
or converting of more than one well. A well shall be deemed to be
drilled, redrilled, deepened, reworked, activated or converted within
the Township when it is to be located on property within the Township
that is to be used for the production of the well or when lands within
the Township are made part of a pool drilling unit, or are subject
to a utilization agreement.
[Ord. 3/29/1990A, § 1205]
1.Â
Any person desiring to drill or operate an oil or gas well in the Township shall make a special exception application pursuant to this part and Part 26 of this chapter, as the later may be modified or altered by this part.
A.Â
The Zoning Hearing Board shall fix a time and place for the hearing on such application, which shall be no later than 60 days from the date an application has been filed, give public notice thereof as otherwise provided in Part 26 of this chapter, and shall decide the same within 45 days after the hearing or, if said hearing is continued, within 45 days after said continued hearing. If the Zoning Hearing Board does not make a decision within 45 days after the hearing or continued hearing, it shall be deemed that the Board has decided in favor of the applicant who is seeking relief under this part.
B.Â
If the Zoning Hearing Board approves the special exception application,
a permit will be issued to the operator of the well drilling operations.
This permit shall be prominently displayed at the well or well drilling
site at all times.
C.Â
No special exception approval will be granted and no permit will
be issued unless the provisions of this part and the provisions of
all pertinent laws of the Commonwealth of Pennsylvania, which are
applicable to the operation or drilling or abandonment of oil or gas
wells, are met.
D.Â
Notice. Every person who acquires any well, property or site upon
which operations which are the subject matter of this chapter exist,
whether by purchase, transfer, assignment, lease, conveyance, exchange
or otherwise, shall, within 10 days after acquiring such well, property
or site, notify the Township Manager, or his/her designee, in writing
of such acquisition. The notice shall contain the following:
(1)Â
The name and address of the person acquiring such well, property
or site.
(2)Â
The name and location of the well, property or site.
(3)Â
The date of acquisition.
(4)Â
A description of the properties and equipment acquired, including
a plot plan of the well, property and site.
(5)Â
The name and address of any person designated to receive service
of notice.
E.Â
Transfer of Operator. The operator of every well shall notify the
Township Manager, or his/her designee, in writing, of the transfer
to another operator of well for any purpose. Within 10 days after
such transfer by reason of sale, assignment, transfer, conveyance
or exchange, said notice shall be given and shall contain the following:
(1)Â
The name and address of the person to whom such well was sold,
assigned, transferred, conveyed or exchanged.
(2)Â
The name and location of the well, property or site.
(3)Â
The date of sale, assignment, transfer, conveyance or exchange.
(4)Â
The date when possession was relinquished by the former operator.
(5)Â
A description of the properties and equipment transferred, including
a plot plan of said property.
F.Â
At least 30 days prior to the special exception, the Township Manager,
or his/her designee, will submit a copy of the application, along
with all supporting documents, to the Township Planning Commission
for their review and recommendation.
G.Â
At least 30 days prior to the special exception hearing, the Township
Manager, or his/her designee, will submit a copy of the application,
along with all supporting documents to the Township Planning Commission
for their review and recommendation.
H.Â
Application for a special exception shall be obtained from the Township
Manager and signed by the owner or the lessee of the oil and/or gas
rights on the premises on which a well is proposed to be drilled or
operated.
I.Â
A separate application and supporting papers, as hereinafter set forth in § 27-1807, shall be submitted for each well proposed to be drilled.
J.Â
Should the applications be rejected, the filing fee shall, in any
event, be retained by the Township.
K.Â
The permit issued pursuant to this section shall entitle the applicant
to drill the well as applied for.
[Ord. 3/29/1990A, § 1206; as amended by Ord. 97-7,
10/13/1997, § 27-1307; by Ord. 09-04, 8/10/2009, § 5;
and by Ord. 17-03, 3/27/2017]
1.Â
Every application for a permit required pursuant to this chapter
shall be in writing, signed by the operator or some person duly authorized
to sign on his behalf; and it shall be filed with the Township Manager,
or his/her designee. A separate application shall be made for each
well to be drilled, redrilled, reworked, converted or activated, and
shall be accompanied by the applicable special exception fee. The
application shall include the following information:
A.Â
The date of the application.
B.Â
A legal description of the property.
C.Â
The name and address of the operator.
D.Â
A plot plan (three copies) which shall show the following:
(1)Â
Proposed locations of all oil facilities on the oil operation
site including, but not limited to, locations of the wells to be drilled,
fractured, shot or produced together with locations of storage tanks,
access roads, dikes, pipelines, compressors, separators, storage sheds
and trailers.
(2)Â
Name and address of the assessed owner of the surface rights,
owner of the oil and gas rights, the oil and gas lessee, if any, and
the driller.
(3)Â
Topographical lines, floodplain areas, wetlands, woodlands,
steep slopes, ponds and lakes and their shore lines.
(4)Â
Title, scale, north arrow, tax parcel number and date.
(5)Â
The location of and name or number of private access roads,
and abutting streets and highways, occupied residences and commercial
structures within 500 feet of the well; the location of all churches,
hospitals, rest homes, schools, preschools, nurseries and places of
public assembly within 500 feet of the well; all property lines, setback
lines, building locations and water well locations on the subject
tax parcel and all adjoining tax parcels and the location of all sewage
systems on the subject tax parcel and all adjoining tax parcels.
(6)Â
The ownership of adjacent properties and a location of buildings
on adjacent properties.
(7)Â
The location of all watercourses and boundaries of floodplain as defined in this chapter, within 1,500 feet of the well. The location of all water wells within a one-thousand-five-hundred-foot radius of the proposed well which have not been previously located pursuant to Subsection 1D(5) above.
(8)Â
Type of derrick, if any, to be used, including the height thereof.
(9)Â
Proposed route of ingress and egress to the proposed oil operations
site.
(10)Â
Copies of all permits and/or applications for permit obtained
or being sought pursuant to the Oil and Gas Conservation Law of the
Commonwealth of Pennsylvania, 58 P.S. § 401 et seq., and/or
the Oil and Gas Act, 58 P.S. § 601.101 et seq., if applicable,
as well as the DEP approved erosion and sedimentation control plan,
if available, which permits and/or approvals may be sought concurrent
to the within special exception permit.
(11)Â
Landscape concept plan which meets the requirements of this
chapter.
(12)Â
A statement signed by the operator or applicant, under penalty
of perjury, declaring that if an applicant is duly authorized to sign
on behalf of the operator and file the application, and that the information
contained in the application is true and correct.
E.Â
There shall be submitted with all applications for the special exception
two copies of the rehabilitation-reclamation plan. If the information
required for the rehabilitation-reclamation plan is included in the
DEP approved erosion and sedimentation control plan, a separate rehabilitation-reclamation
plan is not required. This plan must be put into execution within
six months of the cessation of active drilling, fracturing or shooting
of oil or gas wells, or the active removal of oil and gas, unless
a new plan to restart these activities is submitted to the Township
Manager within six months of the date of cessation of activity at
the site. The rehabilitation-reclamation plan must contain the following
information:
(1)Â
Location dimensions and names of all trees, shrubs and ground
cover which shall be planted to control soil erosion from wind and
water.
(2)Â
The method to be used in restoring ground level and topsoil
depths to the original status on work areas, access roads and pipelines.
(3)Â
The method and procedure to be used in plugging abandoned wells
in accordance with this chapter or state regulations.
(4)Â
The removal procedure for all stock piles, equipment, buildings,
pipelines and fences.
(5)Â
The application for permit shall also indicate the following:
(a)Â
The method of transportation of all oil and/or gas from the
well including, but not limited to, the type of vehicle, capacity
of tanker and route from drill site or route of pipeline, etc.
(b)Â
The method in which records shall be kept on the drilling operation
and also on the production operation of the well. The location of
such records and a certification that the Township Manager may have
access to such records upon reasonable notice.
F.Â
Water Analysis Report. Each application for a special exception shall
be accompanied by a water analysis report indicating the water quality
of the area within a one-thousand-five-hundred-foot radius of the
well site, which must be established prior to drilling, during drilling,
during production and/or after abandonment. The water standards used
shall be the United States Government EPA standards for primary drinking
water, document #EPA 570/9-76-003; and the secondary drinking water
standards of the Congressional Federal Register of 7/19/79, 40 CFR,
Part 143. The report shall contain the following information:
(1)Â
The names and addresses of all water well owners within a one-thousand-five-hundred-foot
radius of the oil or gas well, who must be contacted by certified,
return receipt mail. Each such owner shall be offered the opportunity
to have their water tested for the primary and secondary EPA standards
as described above. The name, address, and telephone number of the
water testing laboratory with which the operator has a contract must
be provided the water well owner and the Township. Water quality tests
must be run by the applicant/operator prior to drilling, every 15
days after drilling starts and every six months after production or
while waiting for production, and six months after the well is abandoned
and the rehabilitation and reclamation has been completed. Any well
owner who has not contacted the water testing laboratory within two
weeks of receiving the certified mail is considered to not wish to
participate in the water testing program. The cost of the water testing
shall be borne by the oil well drilling operator making this application.
A copy of this chapter must be included in the certified letter to
the water well owner. The results of the mailing showing returned
receipt cards and those well owners who requested well tests along
with the initial results of those tests must accompany the well permit
application. Those persons not requesting water tests must be listed
by the applicant/operator, and their return receipt cards must be
submitted with the application.
(2)Â
All year-round streams within a one-thousand-five-hundred-foot radius of the well site must have both EPA primary and secondary drinking water standards tests completed; the results of which shall be submitted with the permit application, and shall have the same periodic testing as outlined in Subsection 1F(1) above.
(3)Â
Should there be no well within a one-thousand-five-hundred-foot radius of the well drill site, then a monitor water well must be drilled by the applicant/operator of the site and within 300 feet of the oil well site. The well must be drilled to a depth of at least 90 feet, and must be the first strata to establish a continuous flow of water of 15 gal/hr. for a period of eight hours. Primary and secondary water standards tests must be performed for this water well as described for the private wells in Subsection 1F(1) above.
(4)Â
The results of all water tests shall be kept on file with the
application for the oil well drilling permit. If the water quality
of any tested well is deemed to be adversely affected by the drilling
and/or pumping operation, then that oil or gas shall be subject to
the suspension of operation as established in this chapter.
[Ord. 3/29/1990A, § 1207]
1.Â
Irrevocable Letter of Credit and Indemnity Bond. Prior to the issuance
of a permit for commencement of operations, drilling, redrilling,
deepening, reworking, converting or activating a well, the operator
(and driller, if requested by the Township) shall provide the Township
with an irrevocable letter of credit or indemnity bond, or certificate
of deposit, or cash and a certificate of insurance as follows:
A.Â
An irrevocable letter of credit or indemnity bond in the principal
sum of such amount to be determined by the Board of Supervisors of
New Hanover Township, but not less than $50,000. The letter of credit
or bond shall be executed by a reliable bank, institution or insurance
company authorized to do business in the Commonwealth of Pennsylvania,
with the operator and/or driller as principal, running to the Township
for the benefit of the Township, and all persons concerned, conditioned
that the operator and/or driller will comply with the terms and conditions
of this chapter.
B.Â
Such letter of credit or bond shall become effective on or before
the date it is filed with the Township, and remain in force and effect
for at least a period of three years subsequent to the expiration
of the term of the permit issued; and in addition, the bond will be
conditioned that the operator and/or driller will promptly pay all
legally imposed fines, penalties and other assessments imposed upon
the operator and/or driller by reason of his breach of any of the
terms, provisions and conditions of this chapter and that the operator
and/or driller will promptly restore the streets, sidewalks and other
public and private property within the Township which may be disturbed
or damaged in the operations, to their former conditions; and that
the operator and/or driller will promptly clear all premises of all
litter, trash, waste and other substances used, allowed or occurring
in the operations, and will after abandonment or completion, grade,
level and restore such property to the same surface conditions as
nearly as possible as existed when operations were first commenced,
and that the operator and/or driller will defend, indemnify and hold
the Township, its officers, agents and employees, harmless from any
and all liability growing out of or attributable to the granting of
such permit regardless of whether the liabilities caused in part by
the Township, its officers, agents or employees, or any of them. If
at any time, the Board of Supervisors shall deem any driller or operator's
bond or letter of credit to be insufficient for any reason, it may
require the operator and/or driller to file a new bond or increase
the amount of such letter of credit.
C.Â
Whenever the Township finds that a default has occurred in the performance
of any requirement or condition imposed by this chapter, a written
notice thereof shall be given to the operator. Such notice shall specify
the work to be done, the estimated cost thereof and the period of
time deemed by the Township to be reasonably necessary for the completion
of such work. After receipt of such notice, the operator shall, within
the time therein specified, either cause or require the work to be
performed, or failing thereupon, shall pay over to the Township 125%
of the estimated cost of doing the work as set forth in the notice.
The Township shall be authorized to draw against any irrevocable letter
of credit which covers the oil operation site. Upon receipt of such
monies, the Township shall proceed by such mode as deemed convenient
to cause the required work to be performed and completed, but no liability
shall be incurred therein other than for the expenditure of said sum
in hand. In the event that the well has not been properly abandoned
under the regulations of this chapter or the Commission, such additional
money may be demanded from the operator as is necessary to restore
the drill site in conformity with the regulations of this part. In
the event that any letter of credit is drawn upon, the operator shall
be required to post a new letter of credit in an amount to be determined
by the Board of Supervisors prior to the commencement of any further
work on the drilling site.
D.Â
In the event the operator does not cause the work to be performed
and fails or refuses to pay over to the Township the estimated cost
of the work to be done as set forth in the notice, or the bank refuses
to honor any draft by the Township against the applicable bond or
irrevocable letter of credit, the Township may proceed to obtain compliance
and abate default by way of civil action against the operator, or
by criminal action against the operator, or by both such methods.
The posting of the letter of credit and/or the drawing upon same by
the Township shall in no manner be construed as a liquidated damage
amount and operator shall remain liable to the Township in such amounts
as may be necessary to obtain compliance and abate the default hereunder.
E.Â
When the well or wells covered by said irrevocable letters of credit
have been properly abandoned in conformity with all regulations of
this chapter, and in conformity with all regulations of the Bureau
and notice to that effect has been received by the Township or upon
receipt of a satisfactory substitute, the irrevocable letter of credit
issued in compliance with these regulations shall be terminated and
cancelled.
2.Â
Insurance. In addition to the letter of credit required pursuant
to this chapter, the operator shall carry a policy or policies of
insurance issued by an insurance company or companies authorized to
do business in the Commonwealth of Pennsylvania. Such policy or policies
in the aggregate shall provide for the following minimum coverages:
A.Â
Standard comprehensive general liability covering the surface property
owner, oil and gas owner, oil and gas lessee, operator and Township
including coverage for premises, operations, blowout or explosion,
products completed operations, blanket contractual liability, underground
property damage, broad form property damage, independent contractors
and personal injury. A certificate of insurance shall be given for
the Township naming all of the above as insured.
C.Â
Excess liability (Umbrella Form): $5,000,000 in excess of primary
insurance.
D.Â
Worker's compensation in the statutory amount and employer's liability:
$100,000 each accident.
E.Â
The insurance policies set forth in this subsection, shall provide
that they shall not be cancelled without prior written notice to the
Township Manager at least 30 days prior to the effective date of such
cancellation or such other time period as may be agreed upon by the
Township Board of Supervisors.
F.Â
In the event such insurance policy or policies are cancelled, the
permit granted shall terminate on such date of cancellation, and the
operator's right to operate under such permit shall cease until the
operator files additional insurance as provided herein.
3.Â
Certificate of Deposit. The operator may substitute a certificate
of deposit in lieu of the irrevocable letter of credit or indemnity
bond set forth herein above upon the following conditions:
A.Â
Such certificate of deposit shall be in such amount which shall be
equal or greater than the amount of the irrevocable letter of credit
or indemnity bond.
B.Â
Such certificate of deposit shall be issued by a bank selected by
the operator in Montgomery County, Pennsylvania, and shall be payable
to the order of the bank (however, accrued interest thereon shall
be payable to the operator, and the bank shall be so instructed).
C.Â
Such certificate of deposit shall be delivered to the bank, and evidence
of the receipt thereof by the bank shall be submitted to the Township
Manager.
D.Â
Such certificate of deposit shall be governed by the same terms and
conditions as irrevocable letters of credit as set forth in this chapter,
and the bank shall be so instructed.
[Ord. 3/29/1990A, § 1208]
1.Â
Permit Issued. When a special exception has been approved by the Zoning Hearing Board, the Zoning Officer shall, upon receipt of the Zoning Hearing Board approval and filing fees, issue a permit for the exploration for oil and gas or for drilling, redrilling, deepening, reworking, activating or converting of a well. Such permit shall constitute sufficient authority for exploration, drilling, redrilling, deepening, reworking, activating, converting, operation production, gathering of production, maintenance, repair, testing, plugging and abandonment of the well, and for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines on the oil operations site by the permittee; provided, however, that a permit shall be renewed before such well may be reworked for purposes of redrilling, deepening or correcting such well to a depth or use other than that set forth in the then current permit for such well. Subject to Subsection 4, below, a permit shall be valid for one year from the date of issuance.
2.Â
Permit Utilization. No permit issued hereunder shall be valid unless
utilization of the privileges granted thereby be commenced within
180 days from and after the date of issuance of the permit, or if
after commencement, such activity is suspended or abandoned at any
time for a period of 180 days.
3.Â
Permit Fees. Any application for a well permit will be accompanied
by a filing fee. This fee is nonrefundable. After a special exception
has been granted by the Zoning Hearing Board, a permit fee shall be
required before the permit will be issued. The amount of these fees
shall be set by a resolution of the Board of Supervisors.
4.Â
Annual Renewal of Permit. The Zoning Officer, along with the Township
Engineer or other Township representatives, shall inspect annually,
and at such other times as the Township shall deem necessary, each
producing well, shut-in well and suspended or idle well or any well
deemed idle by this chapter for the purpose of ascertaining whether
the well is being operated or maintained within the standards of this
chapter. On the first day of January next after the issuance of a
permit for drilling, redrilling, reworking, activating or converting;
on the first of January each year thereafter until the well has been
abandoned, as provided in this part, an annual renewal of the permit
shall be obtained from the Township for each and every well, including
injection wells.
5.Â
Annual Renewal of Permit; Additional Requirements.
A.Â
Fencing. An annual renewal of the permit shall not be approved for
any well which is not enclosed by a fence which conforms to the specifications
herein set forth.
B.Â
Landscaping. An annual renewal of the permit shall not be issued
for any well which has not been landscaped to conform to the requirements
of this chapter.
6.Â
New Permit Required for Activation. No person shall activate or put
into production any oil or gas well that is an idle well pursuant
to this chapter, or any well whose drill site has been cleaned and
restored in accordance with this chapter, or any shut-in well that
does not have a currently valid drilling permit, unless an activation
permit has been first obtained pursuant to the provisions of this
chapter.
7.Â
Assignment of Permit. Any permit issued pursuant to this chapter
shall not be assigned, conveyed, sold, pledged or transferred. Any
assignment, conveyance, sale, pledge or transfer of any permit issued
pursuant to this chapter shall be void ab initio and shall void the
permit.
8.Â
Persons Liable for Fees. Each of the persons whose duty is to obtain
any permit shall be declared and made to be jointly and severally
liable for the payment of the fees required to be paid.
9.Â
Violation of Chapter. The Township shall consider any of the following a violation of this chapter (in accordance with Part 28 of this chapter):
A.Â
A permittee has failed, neglected or refused to perform, comply with
or abide by any of the conditions of the permit.
B.Â
That permit fee has failed, neglected or refused to comply with or
abide by, or has in any way violated any of the provisions of this
chapter, or of any other ordinances of the Township, or any other
rule, order or regulation, either directly or indirectly, by reason
of or in connection with or incidental to his conduct of oil operations.
10.Â
If any of the permittee's operations, or the continuance thereof
upon the premises covered by the permit, are a menace or hazard to
the public or private property, or to any interest of the Township,
or to the lives or safety of persons in the Township.
11.Â
Any of the permittee's operations, or the continuance thereof upon
the premises covered by the permit, constitutes a public nuisance.
12.Â
It the permittee shall have made any willful misrepresentation of
facts in any application for any such permit or in any report or record
required by this chapter to be filed or furnished by the permittee.
[Ord. 3/29/1990A, § 1209; as amended by Ord. 93-2,
2/8/1993, § 43]
1.Â
The following special exception criteria shall be met before a special
exception will be granted:
A.Â
Derricks.
(1)Â
All derricks and portable masts used for drilling, redrilling,
deepening or reworking shall meet the standards and specifications
of the American Petroleum Institute as they presently exist or may
be amended hereafter.
(2)Â
All drilling, redrilling, deepening or reworking equipment shall
be removed from the oil operation site within 30 days following the
completion of drilling, redrilling, deepening or reworking unless
otherwise permitted by the Commission or Township Board of Supervisors.
B.Â
Well Setbacks. It shall be unlawful to drill any well, the center
of which at the surface of the ground is located:
(1)Â
Within 330 feet of the nearest outer boundary of the lease unity
or drilling unit or within 500 feet from the boundary of any property
which is not under lease by way of a surface or subsurface lease agreement.
(2)Â
Within 25 feet from any oil storage tank or source of ignition.
(3)Â
Within 200 feet of any ultimate right-of-way of any public street,
road or highway or future street.
(4)Â
Within 500 feet of any building used as a dwelling, place of
public assembly, institution or school, unless written permission
is provided by the owner of the structure.
(5)Â
Within 200 feet of a stream, spring, body of water or other natural watercourse, floodplain as defined in Part 2 of this chapter.
(6)Â
Within 200 feet of any private or public water well.
(7)Â
Within 300 feet of any nonresidential structure, unless written
permission is provided by the owner of the structure.
(8)Â
Within 100 feet of a cemetery.
C.Â
Additional Safety Regulations. Property owners, operators, lessees,
their agents, servants, contractees and employees, and all other persons
drilling, fracturing, shooting or otherwise treatment under explosive
or high pressure conditions, oil and gas wells or engaged in the production
of oil or gas, or both, shall at all times observe and comply with
the following conditions:
(1)Â
All electrical equipment used in and about the operation of
an oil or gas well shall be installed in accordance with accepted
trade practices and all applicable state and Township regulations.
(2)Â
In the event any tank is located within 500 feet of a residence,
or place of public assembly, a fire bank constructed of earth or other
suitable material shall be built and maintained around said tank to
contain excess oil in case of spillage, fire or other emergency. The
pit established shall have a minimum capacity equal to 150% of the
tank capacity.
(3)Â
A properly lined slush pit shall be maintained to collect the
tank drainage or drawoff.
(4)Â
A flare, if any, shall be at least eight feet in height, properly
supported, and shall be equipped with a windproof flare burner.
(5)Â
Where multiple tanks are used, they shall be connected in tandem.
(6)Â
All tank manholes shall be completely closed, locked and maintained
in safe condition. All tanks shall be provided with adequate emergency
venting.
(7)Â
During drill-in fracturing processes and completions, only persons
authorized by the driller, operator or contractor shall be allowed
on the drill site.
(8)Â
Appropriate fencing as set forth herein below shall be maintained
at all times.
(9)Â
Well location shall be maintained in an orderly manner.
(10)Â
No vehicle shall load oil from a storage tank while parking
within a public highway right-of-way.
D.Â
Lights. No person shall permit or allow any lights located on any
oil operation site to be directed in such a manner so that they shine
directly on adjacent property or property in the general vicinity
of the oil operation site. Drilling derricks or towers shall have
aircraft warning lights which meet all applicable Federal Aviation
Administration regulations.
E.Â
Signs. A sign shall be prominently displayed and maintained in good
condition near or on the pumping unit or fence of each well whether
producing or not. Such sign shall be of durable material and, unless
otherwise required by the Commission, shall have a surface area of
not less than two square feet nor more than four square feet and shall
be lettered with the following:
(1)Â
Well name and number.
(2)Â
Name of operator.
(3)Â
Telephone numbers of two persons responsible for said well who
may be contacted in case of an emergency.
(4)Â
In the event the drill site or leasehold is fenced, it shall
be sufficient if all entrances to said drill site or leasehold are
posted with a sign.
F.Â
"No Smoking" Signs. "No Smoking" signs of a durable material shall
be posted and maintained in all locations approved or designated by
the Chief of the Fire Department. Sign lettering shall be four inches
in height, and shall be red on a white background or white on a red
background.
G.Â
Waste Removal. Rotary mud, drill cutting, oil or liquid hydrocarbons
and all other oil field wastes derived or resulting from, or connected
with the drilling, redrilling, deepening or reworking of any well
shall be discharged into a portable steel tank. Unless otherwise directed
by the Bureau, waste materials shall be removed from the operation
site within 30 days from and after completion of drilling.
H.Â
Unlined Slush, Sump, Sump Pits or Skim Ponds Prohibited. No person
shall own, operate, have possession of, be in control of, or maintain
any well site, former well site or property on which an unlined slush,
sump or sump pit or skim pond is located. The provision of this section
shall not apply to portable sump tanks.
I.Â
Access Driveways and Drill Sites. Prior to the commencement of any
drilling operations, all access driveways used for access to the drill
site and the drill site itself shall be surfaced with crushed rock,
gravel or ore, and shall be oiled and maintained to prevent dust and
mud. In particular cases, these requirements governing surfacing of
access driveways may be altered at the discretion of the Board of
Supervisors after consideration of all circumstances including, but
not limited to the following: distances from public streets and highways;
distances from adjoining and nearby property owners whose surface
rights are not leased by the operator; the purpose for which the property
of such owners is or may be used; topographical features; nature of
the soil; and exposure to wind.
J.Â
Blowout Prevention. In all cases, protection shall be provided to
prevent blowout during oil operations as required by and in conformance
with the requirements of the Bureau.
K.Â
Fences. Prior to the commencement of and during all operations, sites
and individual drill sites shall be completely enclosed by a chain
link fence, masonry wall or other approved fencing material according
to one of the following requirements:
(1)Â
The fence fabric shall be at least six feet in height.
(2)Â
Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of
the fence. The chain link fabric shall be galvanized steel wire with
a minimum plating of 1.2 ounces of zinc per square foot of surface
area or shall be coated with vinyl or plastic material, approved by
the Chief of the Fire Department.
(3)Â
The chain link fence fabric shall have a minimum thickness of
11 gauge.
(4)Â
The chain link fabric shall be two-inch mesh; provided, however,
3Â 1/2-inch mesh may be used on any fence where the fabric is
interwoven with artificial screening material approved by the Chief
of the Fire Department.
(5)Â
Post and rails shall be standard galvanized, welded pipe, schedule
40 or thicker; provided, however, that nongalvanized drill pipe may
be used if it exceeds schedule 40 in thickness.
(6)Â
All pipe and other ferrous parts, except chain link fabric and
drill pipe, shall be galvanized inside and outside with a plating
which contains a minimum of 1.2 ounces of zinc per square foot of
surface area.
(7)Â
Tension rods shall be 3/8 inch round steel bolt stock. Adjustable
tighteners shall be turn buckle or equivalent having a six-inch minimum
takeup. Tension bars shall have a minimum thickness of 1/4 inch by
3/4 inch.
(8)Â
All fences shall have security extension arms at the top of
such fences and such security extension arms shall be strung with
galvanized barbed wire.
L.Â
Masonry Wall Specifications. All masonry walls used to enclose, in
whole or in part, any oil well site or oil operation site shall be
constructed in accordance with standard engineering practices and
shall meet the following specifications:
M.Â
Gate Specifications. For oil operations and drill sites, all chain
link fences and masonry walls shall be equipped with at least one
gated area. The gated areas shall meet the following specifications:
(1)Â
Each gated area shall be not less than 12 feet wide and be composed
of two gates, each of which is not less than six feet wide, or one
sliding gate not less than 12 feet wide. If two gates are used, gates
shall latch and lock in the center of the span.
(2)Â
The gates shall be of chain link construction which meets the
applicable specifications or of other approved material which, for
safety reasons, shall be at least as secure as chain link fence.
(3)Â
They shall be provided with a combination catch and locking
attachment device for a padlock, and shall be kept locked except when
being used for access to the site.
(4)Â
Hinges shall be heavy duty malleable iron or steel industrial
service type with a 180° swing.
N.Â
Muffling Exhaust. It shall be unlawful for any person, owner or operator
to discharge into the open air the exhaust from any internal combustion
engine, used in connection with the drilling of any well or for use
on any production equipment unless it is equipped with an exhaust
muffler, or mufflers or an exhaust muffler box constructed of noncombustible
materials sufficient to suppress noise and prevent the escape of obnoxious
gases, fumes or ignited carbon or soot.
O.Â
Public Nuisance Declared. The foregoing sections notwithstanding,
no person shall conduct any oil operation in a manner that would create
an unreasonable noise, odor or vibration detrimental to the health,
safety or welfare of the surrounding neighborhood or any considerable
number of persons. Such operation is hereby declared to constitute
a public nuisance and is in violation of this chapter.
P.Â
Fire Prevention; Sources of Ignition. All electrical equipment used,
installed or maintained within 50 feet of a drilling rig, or within
25 feet of any other oil operation shall be installed and maintained
in accordance with all applicable state and Township regulations.
Q.Â
Oil Storage Tanks. Unless otherwise directed by the Bureau, all tanks
used for the storage, production of oil, or the disposal of wastewater
shall conform to the following:
(1)Â
A.P.I. Specifications. All tanks shall conform to American Petroleum
Institute (A.P.I.) specifications unless other specifications are
approved by the Chief of the Fire Department.
(2)Â
Dikes and Capacity Requirements. All persons owning, operating
or having control storage tanks, clarifying tanks or tanks used in
connection with the production of oil shall construct and maintain
dikes around said tanks. Drainage dikes and walls shall be constructed
and maintained to meet the standards of the Bureau and the National
Fire Protection Association as they presently exist and may hereafter
be amended.
R.Â
Removal of Portable Pulling Masts and Gin Poles. All well servicing
equipment including portable pulling masts and gin poles, shall be
removed from the leasehold, oil operation site or drill site within
seven days after completion of a well servicing operation.
S.Â
Storage of Equipment.
(1)Â
No drilling, redrilling, reworking or other portable equipment
shall be stored on the oil operation site which is not essential to
the everyday operation of the oil well located thereon. This includes
the removal of idle equipment unnecessary for the operation of such
wells.
(2)Â
Lumber, pipes, tubing and casing shall not be left on the oil
operation site except when drilling or well servicing operations are
being conducted on the site.
(3)Â
It shall be illegal for any person, owner or operator to park
or store any vehicle or item of machinery on any street, right-of-way
or in any driveway, alley or upon any oil operation site which constitutes
a fire hazard or an obstruction to or interference with fighting or
controlling fires except that equipment which is necessary for the
maintenance of the oil well site or for gathering or transportation
of hydrocarbon substances from the site.
T.Â
Motive Power for Pumping and Drilling. Electric motors shall be used
to drive all pumping and drilling units. Diesel generators shall power
the electric motors. The use of line power from a utility company
may be considered by the Zoning Hearing Board.
U.Â
Surface Casing.
(1)Â
All casing, tubing and equipment used in the drilling and completion
of a well should be in good condition and adequate in strength for
the depths to be drilled and the pressures that may be encountered.
(2)Â
Lessee shall use a casing program which complies with oil and
gas statutes and rules and regulations of the Commonwealth of Pennsylvania,
(25 Pa.Code § 79.12, or as may hereafter be amended) whether
or not said rules and regulations would be deemed applicable to the
subject well, and which prevents the escape of oil, gas or water out
of one stratum into another, the pollution of fresh water supplies
and blowouts.
(3)Â
In addition to the above requirements, the surface casing shall
extend from the surface to a depth at least 75 feet below all fresh
water zones known to exist in the field and adjacent area to protect
them from contamination.
(4)Â
The production casing shall be of new or reconditioned seamless
pipe of a grade and weight designed to withstand the greater of the
following pressures to which the casing is planned to be stressed:
(a)Â
The maximum anticipated rock pressure on any point in the casing
string shall not stress the casing in yield greater than 75% of the
A.P.I. specified internal yield pressure of the pipe at minimum yield
as shown in A.P.I.
(b)Â
If the well is to be fractured, the casing shall be designed
so that the fracture pressure anticipated at any point in the casing
does not exceed the A.P.I. specified internal yield pressure of the
casing at minimum yield as shown in A.P.I. Bulletin 5-c-2 or later
amendments.
(5)Â
After cementing and before perforating or drilling-in the casing
shall be tested by pump pressure at the well head to a pressure 20%
greater than the anticipated maximum pressure at the well head. If
at the end of 30 minutes, pressure shows a drop of 50 pounds per square
inch or more, the casing shall be repaired sufficiently to withstand
the pressure test described herein. After the corrective operation,
the casing shall again be tested in the same manner.
(6)Â
All surface casing and production casing shall be cemented in
the ground with good quality cement equaling or exceeding A.P.I. specification
in the manner hereinafter described.
(7)Â
Cementing of all casing strings shall be accomplished by pump
and plug or another method approved by the Zoning Hearing Board.
(8)Â
An attempt shall be made to circulate the cement to the surface
in cementing the surface casing. In the event that the cement cannot
be circulated to the surface due to the presence of fractures or other
lost circulation zones, lessee shall determine as accurately as possible
the depth of the top of the cement in the annular space behind the
casing and record it on the well record.
(9)Â
In wells where cement has not been circulated to the surface,
there must be sufficient good quality cement in place in the annular
space behind the casing to tightly hold the casing in place so that
the escape of oil, gas or water from one stratum to another or to
the surface does not occur behind the casing. The well operator, in
such case, will make every reasonable effort and attempt to fill the
annular space by introducing cement from the surface or other appropriate
remedial action.
(10)Â
Cement shall be allowed to stand a minimum of 24 hours before
drilling the plug or initiating tests.
V.Â
Temporary Trailers. Temporary trailers, as provided for in this part,
shall be equipped with adequate sanitary facilities. These facilities
and the management of all waste must be approved by the County Health
Officer.
[Ord. 3/29/1990A, § 1210]
1.Â
All oil wells and tanks, as defined in this part, shall be screened
by a fence enclosure constructed of one of the following materials:
A.Â
A solid masonry wall.
B.Â
A chain link fabric with 3Â 1/2-inch mesh interwoven with opaque
slats.
C.Â
Any other material, compatible with surrounding uses, which effectively
screens the oil operation site and is approved by the Zoning Hearing
Board.
D.Â
All fencing, masonry walls, opaque slatting, or other compatible
materials for use with chain link fabric, shall be of a solid neutral
color, compatible with surrounding uses, and maintained in a neat,
orderly and secure condition.
2.Â
Screening-Drilling, Redrilling, Reworking, Converting and Activation.
Within 60 days of completion of drilling, redrilling, reworking or
converting, or within 60 days of activation of any idle well as defined
in this chapter, such well shall be screened by a fence enclosure
which conforms to the requirements of this chapter and regulations
of the Commission.
3.Â
Landscaping. Within 60 days after completion of drilling or redrilling
or within 60 days after activation of any idle well, any oil operation
site shall be landscaped in accordance with a plan submitted to and
approved by the Zoning Hearing Board.
[Ord. 3/29/1990A, § 1211]
1.Â
Abandonment Procedure. Whenever abandonment occurs pursuant to the
requirements of the Bureau, or activity ceases at the well site for
a period of 180 days, the persons so abandoning shall be responsible
for the restoration of the drill site and oil operation site to its
original condition as nearly as practicable in conformity with the
regulations of this chapter.
2.Â
Abandoned Well Requirement. The responsible party shall furnish the
Township with:
A.Â
A copy of the approval of the Bureau, confirming compliance with
all abandonment procedures under all applicable state acts or regulations.
B.Â
A notice of intention to abandon under the provisions of this section
and stating the date such work will be commenced. Abandonment may
then be commenced on or subsequent to the date so stated.
3.Â
Abandoned Well-Surface Requirement. Abandonment shall be approved
by the Township after restoration of the drill site and the subsurface
thereof has been accomplished in conformity with the following:
A.Â
The derrick and all appurtenant equipment thereto shall be removed
from the drill site.
B.Â
All tanks, towers and other surface installations shall be removed
from the drill site.
C.Â
All concrete, piping, wood and other foreign materials, regardless
of depth, except surface casing, shall be removed from the drill site,
unless otherwise directed by the Bureau.
D.Â
All holes and depressions shall be filled with clean, compactable
soil. All oil, waste oil, refuse or waste material shall be removed
from the drill site.
4.Â
Abandonment Requirements Prior to New Construction. All abandoned
and deserted wells or drill sites shall meet the most current abandonment
requirements of the Bureau whether or not the Bureau would have jurisdiction
over the well site, prior to the issuance of any building or grading
permit for development of the property. To the maximum extent practicable,
new structures shall not be constructed directly over abandoned wells.
[Ord. 3/29/1990A, § 1212]
Whenever the Zoning Officer determines that a public nuisance, as described in this part, exists on any property or in connection with any well, drill site or lease, he shall give notice to the property owner, the lessee of surface or mineral rights, the oil operator and the occupants of any such property to abate such nuisance, according to Part 28 of this chapter.
[Ord. 3/29/1990A, § 1313]
1.Â
Cleanup After Well Servicing. After completion of well servicing
or abandonment operations, the registered operator of the well site
shall clean the drill site area and repair all damage to public and
private property caused by such surfacing or abandonment operations.
2.Â
Cleanup After Spills, Leaks and Malfunctioning. After any spill,
leak or malfunction, the responsible party shall remove, or cause
to be removed to the satisfaction of the Township Engineer and/or
Chief of the Fire Department, all oil and waste materials from any
public or private property affected by such spill, leak or malfunction.
3.Â
Releasing of Fluids. No person shall deposit, place, discharge or
cause or permit to be placed, deposited or discharged any oil, naphtha,
petroleum, asphaltum, tar, hydrocarbon substances or any refuse, including
wastewater and brine from any oil operation or the contents of any
container used in connection with an oil operation in, into or upon
a public right-of-way, a storm drain, ditch or sewer; a sanitary drain
or sewer; any body of water; or any private property in the Township.
4.Â
Freedom From Debris. All property on which an oil well site is located
shall at all times be kept free of debris, pools of oil (water or
other liquids), weeds, brush, trash or other waste material.
5.Â
Painting. All production equipment on the oil operation site shall
be painted and maintained at all times, including pumping units, storage
tanks and buildings or structures. When requiring painting of such
facilities, the Zoning Officer shall consider the deterioration of
the quality of the material of which such facility or structure is
constructed, the degree of rust, and its appearance. Paint shall be
of a neutral color, compatible with surrounding uses.
6.Â
Gas Emission or Burning Prohibited. No person shall allow or cause
or permit gases to be vented into the atmosphere or to be burned by
open flame except as provided by law or as permitted by the Bureau.
If the venting of gases into the atmosphere or the burning of gases
by open flame is authorized as provided by law or as permitted by
the Bureau, then such vent or open flame shall be located not closer
than 300 feet to any building not necessary to oil operation.
[Ord. 3/29/1990A, § 1314]
The Township may from time to time employ a technical advisor
or advisors who are experienced or educated in the oil and gas industry.
The function of such advisor shall be to advise the Township on matters
relating to oil operations within the Township and the effect, both
present and future, on the health, welfare, comfort and safety of
the citizens of the Township. In the event such a technical advisor
is employed for the purpose of advising the Township relative to an
operator's particular set of circumstances, case or request, any of
which are not covered by this chapter or rules or regulations of the
Commission, then the cost for such services of such a technical advisor
shall be assessed against and paid for by such operator in addition
to any fees or charges assessed pursuant to this chapter.
[Ord. 3/29/1990A, § 1215]
In the event that the Township, pursuant to provisions of this
chapter, must, for any reason, bring legal action against the operator
of any oil or gas operations site, then the cost for such legal services
shall be assessed against and paid for by such operator in addition
to any fees or charges assessed pursuant to this chapter.
[Ord. 3/29/1990A, § 1216]
Any violation of the laws of this Commonwealth of Pennsylvania
or any rules, regulations or requirements of any state, federal government
or federal regulatory body having jurisdiction in reference to drilling,
completing, equipping, operating, producing, maintaining, or abandoning
an oil or gas well or related appurtenances, equipment or facilities,
or in reference to fire walls, fire protection, blowout protection,
safety protection or convenience of persons or property, shall also
be a violation of this chapter and shall be punishable in accordance
with the provisions hereof.
[Ord. 3/29/1990A, § 1217]
By acceptance of any permit authorized to be issued pursuant
to this chapter, any operator or permittee expressly stipulates and
agrees to be bound by this chapter and to comply herewith, and that
by reference, the terms of this chapter shall be deemed to be incorporated
in any permit issued pursuant to this chapter with the same force
and effect as if this chapter was set forth verbatim in such permit.
[Ord. 3/29/1990A, § 1218]
1.Â
Nothing herein contained shall operate to impose any liability on
the Supervisors of New Hanover or said Township for damages which
may result to any person, firm or corporation from the drilling of
any well, or the hydrofracturing or shooting of any well for which
a permit is issued pursuant to this chapter.
2.Â
Any person, firm or corporation who or which shall drill, hydrofracture
or treat any well under and by virtue of a permit herein provided
for shall do so at his or its own peril, and shall be liable, if at
all, to any party damaged thereby, without recourse to the Township
of New Hanover or its Board of Supervisors.
