[Adopted 8-27-2013 by Ord. No. 1258]
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person, entity, business or corporation seeking to perform
energy source operations within the municipal boundaries of Ambridge
Borough.
BOROUGH
The Borough of Ambridge, Beaver County, Pennsylvania.
BOROUGH ENGINEER
The engineer appointed by the Borough to act as its agent
with regard to this article.
ENERGY SOURCE OPERATIONS
Those operations that involve the transmittal of seismic
waves to model the geophysical properties of the Earth's crust.
MUNICIPAL AUTHORITY
Any water or sewer authority providing said service to areas
within the municipal boundaries of the Borough.
It shall be unlawful for any person, entity, business or corporation
to conduct any surveying/exploration activities within the Borough
pertaining to oil, gas, and/or other geologic materials by the use
of energy source operations, including without limitation drilling
shot holes, weight drops, explosives, and/or vibrating machines, vibroseis
equipment, thumper trucks or any other vehicles or equipment that
cause vibrations, without first obtaining a permit therefor from the
Borough.
The term of a permit issued under this article shall be for
18 months beginning on the date of approval of the permit by the Board
of Members of Council, and all energy source operations shall be completed
within said term. The applicant shall notify the Borough Engineer
a minimum of three business days in advance of the actual commencement
of energy source operations.
Energy source testing may be conducted from 8:00 a.m. until
the earlier of sunset or 7:00 p.m. local time, on Monday through Friday,
and from 9:00 a.m. until the earlier of sunset or 7:00 p.m. local
time, on Saturday and Sunday.
The following application, which is attached hereto, marked respectively as Exhibit A and made part of this
article, is hereby approved: "Application For Permit to Conduct Seismic
Testing/Survey." The proper Borough officials are hereby directed
to immediately commence using said application and permit.
The applicant shall apply for and obtain a solicitor's
permit for each of its representatives involved in the work to be
performed under the permit to conduct seismic testing/survey in order
to properly identify said representative. The solicitor's permit
shall coincide with the term for the permit to conduct seismic testing/survey.
A one-time fee of $500 shall be paid by the applicant for the solicitor's
permit and identification badges for its representatives.
Any owner, operator, or other person who violates or permits
a violation of this article, upon being found liable therefor in a
civil enforcement proceeding before a Magisterial District Judge,
shall pay to the Borough a fine of not more than $500, plus all court
costs, including, but not limited to, reasonable attorney's fees
incurred by the Borough on account of such violation. No penalty or
cost shall be imposed until the date the determination of the violation
by the Magisterial District Judge becomes final. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment as provided by law. Each day a violation exists after
final judgment shall constitute a separate offense. The amount of
the fine imposed shall be multiplied by the number of such days and
may be charged and collected as a judgment by the Borough without
further judicial proceedings. Further, the appropriate officers or
agents of the Borough are hereby authorized to issue a cease and desist
notice and/or to seek equitable relief, including injunction, to enforce
compliance herewith. No bond shall be required of the Borough if the
Borough seeks injunctive relief.