(a) The applicant shall engineer all source locations (explosive charge size and depth, and vibrator source sweep frequency and drive levels or other geophysical sources) so that no structure, subject to limitations contained in Section 868.10(d), shall be subject to any peak particle velocity greater than six-tenths-inch per second. The applicant shall conduct all the necessary tests on property located within a 100-mile radius from the Borough of Ellwood City and containing soils similar to that at the planned locations of the geophysical operations, and shall provide all reports to the Borough of Ellwood City in an appropriate format for evaluation by the Borough of Ellwood City from a geologist registered in the Commonwealth of Pennsylvania. All reports submitted by the applicant shall be signed and sealed by the project manager.
(b) 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 Borough of Ellwood City shall make available for inspection and copying, maps, if any, prepared by or on behalf of the Borough of Ellwood City that indicate subsurface structures or facilities; provided, however that the applicant's reliance on any information furnished by the Borough of Ellwood City, its agents, representatives, and employees, whether written or verbal, shall be at the sole risk of the applicant with the following agreed upon disclaimer:
APPLICANT ACKNOWLEDGES THAT THE BOROUGH OF ELLWOOD CITY 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 THE BOROUGH OF ELLWOOD CITY 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.
(c) All Borough of Ellwood City and applicable Municipal authority (water and sewage) owned structures, buildings, waste water treatment facilities, pump stations, 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 subjected to a peak particle velocity greater than thirty-five-hundredths-inch per second. The Borough of Ellwood City shall have the option of receiving reimbursement of its actual cost of performing said inspections or having the inspections done by a third-party firm approved by the Borough of Ellwood City and hired by the applicant. Any reimbursement provided by this section shall be paid to the Borough of Ellwood City within thirty days following the applicant's receipt of an invoice from the Borough of Ellwood City.
(Res. 2013-8. Passed 5-20-13.)