(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 subsection § 13-910 herein, shall be subject to any peak particle velocity greater than six-tenths-inch per second. The applicant shall conduct all the necessary engineering tests on property located within a one hundred (100) mile radius from the Borough and containing soils similar to that at the planned locations of the geophysical operations and shall provide to the Borough in an appropriate format for evaluation at the time of application by a professional engineer or geologist registered in the Commonwealth of Pennsylvania. All reports submitted by the applicant shall be signed and sealed by a licensed Pennsylvania Professional Engineer.
(b) Using industry standard equipment and techniques, the engineer required by section §13-905(b) 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 Borough Manager or his/her 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 (2) years and make said documentation available upon request for inspection by the Borough.
(c) The applicant shall obtain locations maps for all water wells, septic systems, 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 shall make available for inspection and copying, maps, if any, prepared by or on the applicant's reliance on any information furnished by the Borough, 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 THE BOROUGH OF WHITE OAK HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF INFORMATION REGARDING SUBSURFACE STRUCTURES AND FACILITES 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 WHITE OAK MAKES NO WARRANTY OR REPRESENATATION, 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 Borough 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 it may be subjected to a peak particle velocity greater than thirty-five-hundredths-inch per second. The Borough 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 and hired by the applicant. Any reimbursement provided by this section shall be paid to the Borough within thirty (30) days following the applicant's receipt of an invoice from the Borough.
(Ord. 4029. Passed 10-20-14.)
(Ord. 4029. Passed 10-20-14.)