[HISTORY: Adopted by the Borough Council of the Borough of
Trafford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-1-2016 by Ord. No. 2-2016]
The purpose of this article is to provide for the reasonable
development of unconventional oil and gas drilling, compressor stations,
and processing plants while also protecting the environment in the
Borough; and protecting the health, safety, and quality of life of
the Borough's residents.
As used in this article, the following terms shall have the
meanings indicated:
Any occupied structure. Any structure, occupied or otherwise,
located within 500 feet of an already existing natural gas well head.
Excluded are structures owned by an oil or gas leaser who has signed
a lease with the operator granting surface rights to drill the subject
well or whose owner or occupants have signed a waiver relieving the
operator from complying with the noise abatement provisions of that
ordinance.
A bore hole drilled to be used for the production of natural
gas from an unconventional formation. An unconventional formation
is a geological shale formation where natural gas generally cannot
be produced at economic flow rates or in economic volumes except by
vertical or horizontal well bores stimulated by hydraulic fracture
treatments or by using multilateral well bores or other techniques
to expose more of the formation to the well bore.
Regulation of unconventional drilling with hydraulic fracturing
oil and/or gas drilling sites shall be evaluated as a conditional
use in the industrial zoning districts subject to the following express
standards and criteria:
A.
A conditional use application shall include a topographic map generated
by an engineer of the proposed pipeline route from the oil and gas
drill site to the transmission line (or to some other terminus if
the transmission line terminus is not known at the time) and a detailed
explanation for how fluids will be brought to and from the site. Any
changes to the proposed pipeline route must be provided to the Borough
during the application process.
B.
Conditional use approval is nontransferable without consent from
the Borough, and shall automatically terminate, unless extended, if
drilling is not commenced within one year from the date of issuance
of the conditional use approval, where drilling refers to the spudding
of the first or only well. The conditional use approval may be extended
one time only by the Borough upon written request by the operator;
such request must be submitted at least 60 days before the expiration
of the initial one-year period. An approved extension shall be for
a period of one year or less. The operator shall provide proof that,
if an extension is approved, the activities and locations for those
activities will not be materially different than how they were described
at the hearing for initial approval of the use.
C.
The minimum lot size in which unconventional drilling is permitted
shall be 25 acres. The lot shall exist or be created as an Allegheny
or Westmoreland County tax parcel prior to the issuance of any permits
for the drilling activity. The front, rear and side yard requirements
for any lot being used for unconventional drilling shall be a minimum
of 250 feet. No activity or structures associated with the drilling
activity shall be permitted within the required yard area except items
specifically authorized by this article.
D.
The drilling pad shall maintain a minimum 2,500-foot distance from
the property line of properties with protected structures.
E.
As part of the conditional use application, the applicant shall have
submitted all necessary applications for permits and plan approvals
to the PA DEP. Prior to beginning the drilling site construction,
the applicant shall submit to the Borough a copy of all permits (general
permits, well permit(s), joint permits, earth disturbance permit,
ESCGP-1, etc.) issued by the PA DEP. In addition, the Borough shall
be provided copies of all plans (erosion and sedimentation control,
grading, water management plan, water withdrawal plan, pollution prevention
contingency, alternate waste disposal, etc.) required and approved
by the PA DEP. The Borough Engineer shall be provided with a timeline
and activity schedule and all required permits shall be maintained,
commencing at site construction and continuing throughout the duration
of drilling and production testing (hydraulic fracturing) operations.
Any suspension or revocation of permits that were issued by any agency
shall be reported to the Borough and shall constitute a violation
of Borough zoning approval and may result in the suspension of zoning
approval.
F.
The Borough shall review the documentation contained in Subsection E above, and determine at its discretion whether all potential environmental, health and other impacts of the drilling activity have been adequately addressed according to the Borough's duties under Article 1, Section 27, of the Pennsylvania Constitution. The Borough reserves the right to require additional studies and testing as part of its evaluation of the conditional use application to assure that potential environmental, health, and other impacts are properly mitigated, as well as proof of receipt of all required permits, as necessary.
G.
Access directly to State roads shall require Pennsylvania Department
of Transportation (PADOT) highway occupancy permit approval. Prior
to initiating any work at a drill site, the Borough shall be provided
a copy of the highway occupancy permit.
H.
The applicant must provide the Borough with a plan showing the proposed
truck routes to be utilized during the drilling operation. The proposed
hauling routes must be designed to minimize the impact on Borough
roads. Should drilling operations require the use of vehicles with
a weight greater than the allowable weight limit of a road, the drilling
company will be required to post a road bond in accordance with the
direction of the Borough Engineer. The Borough reserves the right
to designate reasonable required truck hauling routes consistent with
the Pennsylvania Motor Vehicle Code and Pennsylvania Department of
Transportation throughout the Borough. The Borough shall consider
all potential routes and, when possible, designate routes that are
the least intrusive to the Borough, its operation, and the general
public. When determining the least intrusive routes, the Borough shall
account for roadway jurisdiction, traffic, physical characteristics
or conditions, location of school bus stops/routes, and the amount
of residential units along potential routes. Routes shall be coordinated
with the school district to minimize impact on peak school bus operation
hours. Operators shall be responsible for clearly posting designated
routes with identification signs in a manner (style and location)
approved by the Borough.
J.
An off-street area, at the entrance to the drill site and outside
of the road right-of-way, shall be provided for vehicles to stand
while gaining access so that normal flow of traffic on the public
street is undisturbed. Driveways accessing the drill site shall be
paved with an impervious material from the public street cart way
50 feet into the drill site. The impervious material shall be in place
prior to the commencement of the drilling operation.
K.
As part of the conditional use application, the applicant/owner shall
provide the Borough Fire Department and Emergency Management Services
with a copy of the PA DEP-approved preparedness, prevention and contingency
(PPC) plan. The applicant shall prior to drilling its first gas well
in the Borough make available with at least 30 days' notice,
at the applicants sole expense, one appropriate group training program
for emergency responders. Such training shall be made available at
least annually during any year that drilling activities take place
at approved drill sites.
L.
As part of the conditional use application, the Borough Fire Department
and Emergency Management Services shall be provided the name of the
person supervising the drilling operation and a phone number where
such person can be reached 24 hours a day. Also, a list of contact
information for all subcontractors associated with the oil and gas
drilling operations must be provided. The list shall include verification
that all Zoning Hearing Board/operators and subcontractors at the
drill site are aware and understand this article.
M.
The access driveway off the public road to the drill site shall be
gated at the entrance to prevent illegal access into the drill site.
The drill site assigned address shall be clearly visible on the access
gate for emergency 911 purposes. In addition, the sign shall include
the well name and number, name of the operator and the telephone number
for a person responsible who may be contacted in case of emergency.
In lieu of a gate the operator can provide 24/7 security on sites
during the drilling operation.
N.
Lighting. No drill site lighting used for or associated with the
drilling operation shall be positioned or directed in such a manner
so that it shines directly upon public roads, adjacent property or
property in the general vicinity of the drill site. Site lighting
shall be directed downward and shielded so as to avoid glare on public
roads and adjacent properties. Lumen levels shall not exceed zero
footcandle at the property line.
O.
Dust, vibration, odors. All drilling operations shall be conducted
in such a manner to minimize dust, vibration or noxious odors. All
equipment used shall be constructed and operated so that vibrations,
dust, odor or other harmful or annoying effects are minimized by the
operations carried on at the drill site to avoid injury to or annoyance
of persons living in the vicinity; nor shall the site or structures
thereon be permitted to become dilapidated, unsightly or unsafe.
P.
Noise. The Borough may require acoustical blankets, sound walls,
mufflers or other alternative methods as proposed by the operator
to ensure compliance depending on the location of a proposed drill
site to adjacent residential properties. As part of the conditional
use application, and prior to beginning the drill operation, the applicant
shall establish the residual or background noise level baseline. The
baseline shall be established over a seventy-two-hour period with
at least one twenty-four-hour reading on a Saturday or Sunday. A noise
consultant/engineer mutually agreed upon by the Borough and owner/operator
will be responsible for determining the residual background noise
level baseline. The applicant, owner/operator shall be responsible
for all costs associated with noise consultant/engineer.
(1)
The noise generated during drilling and hydraulic fracturing activities
when measured at the nearest protected structure property line or
100 feet from the nearest protected structure (as measure to the closest
exterior point of the building), whichever is closer to the protected
structure, shall not exceed the average ambient noise level as determined
by the seventy-two-hour evaluation:
(2)
Since fluctuations in noise levels are inherent to mineral extraction
activities, the Borough has created a sliding scale which provides
adjustments in the permitted level of noise generated during operations
to create flexibility in the regulations and prevent repeated violations.
Drilling activities are permitted to generate noise 10 decibels higher
than the average ambient noise levels and the adjustments are in addition
to that sound level. Adjustments to the preceding noise limits may
only occur during the hours of 7:00 a.m. to 9:00 p.m. and are as follows;
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)
|
|
0 to 5
|
15
|
|
6 to 10
|
5
|
|
11 to 15
|
3
|
|
16 to 20
|
1
|
|
Greater than 20
|
0
|
|
Note: The maximum cumulative time that the permitted increases
in dBA may occur in one hour may not exceed 15 minutes. For instance,
an operator shall not be permitted to allow a 10 dBA increase for
five minutes and then a five dBA increase for 15 minutes, within the
same hour. If 10 dBA are reached for five minutes, then five dBA may
only occur for 10 minutes.
|
(3)
If a complaint is received by any person using a protected structure
for a lawful purpose, within a reasonable vicinity of a drill site,
regarding noise generated during drilling and hydraulic fracturing
activities, the Borough will conduct a sound test to verify that a
viable complaint exists. Upon confirmation by the Borough that a possible
noise violation exists, the operator shall, within 24 hours of the
receipt of the complaint from the Borough, continuously monitor for
a forty-eight-hour period at a point which is the closer to the complainant's
building of:
(4)
If the operator engages in any noise testing as required by this
article, it will provide preliminary data to the Borough no later
than 10 business days following completion of the noise testing. Once
the monitoring is complete, the operator will meet with Borough representatives
and affected residents to discuss whether possible noise abatement
measures are warranted if the permitted levels set herein were exceeded.
The Borough reserves the right to hire a noise consultant to do its
own testing and investigation regarding the noise complaint.
(5)
Any person or entity violating this provision shall be subject to
a fine of $500 and if not remedied within 24 hours' notice of
violation, which fine shall increase to $1,000, per day that the violation
continues to exist. If the violation has not been abated within five
days of the date of notice of violation, the job shall be shut down
until the violation is abated.
Q.
Any waste material, which includes but is not limited to drill cuttings
and flowback or produced water, shall be stored in an enclosed aboveground
containment system within a pit or impoundment with synthetic impervious
liners. Such waste material shall be transported off site as soon
as practicable for proper disposal.
R.
At the time of conditional use application, a survey of the drill
site showing the general area where associated gas production equipment
(tanks or other surface installations) will be located and locations
and distances to property lines shall be filed with the application.
All sensitive natural features including but not limited to waterways,
wetlands, steep slopes, and floodplains including those 100 feet outside
the limits of disturbance, as defined on the approved PA DEP Erosion
and Sedimentation Plan, must also be shown.
S.
Prior to drilling an oil and/or gas well or multiple oil and/or gas
wells at a location, but no later than two weeks beforehand, the operator
shall provide the following information to each resident within 2,500
feet of the planned surface location of the well(s):
(1)
A copy of the well survey plat showing the locations(s) of the planned
well(s);
(2)
A general description of the planned operations at the planned well(s)
and associated equipment used in the development of the well(s);
(3)
Operators shall test all water supplies within 2,500 feet of each
well site and share the results with landowners and the Borough. If
such results are for private water supplies, the operator must furnish
proof that the private water supply owner provided permission for
the results to be shared with the Borough. All testing shall be done
through a certified independent laboratory as defined by the PA DEP.
The tests should at a minimum address all the parameters contained
in PA-DEP Recommended Basic Oil & Gas Pre-Drill Parameters, Doc.
No. 8000-FS-DEP4300 (last revised April 2014);
(4)
The contact information of the operator; and
(5)
The availability of the operator to hold a meeting with such residents
to present operator's plans for the well(s) and to allow for
questions and answers. The meetings shall be held prior to well site
construction.
T.
Any on-site associated gas production equipment (well head, separator,
condensate tanks, and pipeline) shall be painted an earth tone color
to blend in with the surrounding area. An earth tone color shall be
neutral colors and include sand, gray, green and unobtrusive shades
of brown, or other neutral colors, as approved by the Code Enforcement
Officer and/or the Borough.
U.
The Borough may, at its sole discretion, require permanent fencing
and or landscaping to buffer the post-drilling facilities or gas production
equipment from adjacent properties.
V.
Any damage to public property caused by such operations must be repaired
and restored within 60 days of completing the drilling operation or
as agreed to by Trafford Borough. The repairs shall meet or exceed
prior conditions.
W.
After any spill, leak or malfunction, the operator shall remove or
cause to be removed to the satisfaction of the Trafford Borough Fire
Chief and the PA DEP inspectors all waste materials from any public
or private property affected by such spill, leak or malfunction. Clean-up
operations must begin immediately upon knowledge that a spill, leak
or malfunction occurs and alert the Borough of any spills, leaks or
malfunctions. Further, in the event of a spill it is the drilling
company's duty to immediately contact the DEP and coordinate
with a DEP-approved firm to provide remediation in accordance with
all DEP regulations, including but not limited to the DEP standards
for storage, leakage, and remediation.
X.
The public street entrance at the property on which a drill site
is located shall at all times be kept free of mud, debris, trash or
other waste materials.
Y.
The facility and/or its operation shall comply with all applicable
permits and requirements of the PA DEP, the United States Environmental
Protection Agency, and any other governmental authority having jurisdiction
over its operations and with all federal, state and local laws, ordinances
and regulations promulgated to protect the environment or otherwise
relating to environmental matters. The applicant shall demonstrate
that the drill site operations will not violate the citizens of Trafford
Borough's rights as set forth in Article 1, Section 27, of the
Pennsylvania Constitution (The Environmental Rights Amendment). The
applicant will have the initial burden to demonstrate that its operations
will not affect the health, safety or welfare of the citizens of Trafford
Borough or any other potentially affected landowner. The application
submittal shall include reports from qualified environmental experts
attesting that the proposed location will not negatively impact the
Borough residents' environmental rights. The application submittal
must include a written report that evaluates the impacts of air emissions
from the construction and operations processes; such report must be
based in part on air modeling. The application submittal must include
a written report that evaluates the impacts to surface waters and
groundwater water from any potential release of a fluid during the
construction or operations processes; such report must be based in
part on hydrogeological modeling. Any qualified environmental expert
attesting to the proposed site's impact must be independent and
not an employee of the applicant. Further, the Borough reserves the
right to screen any qualified environmental expert to ensure such
independence and lack of bias. Any application lacking the required
reports will be deemed incomplete.
Z.
The applicant or drill site operator shall take all necessary precautions
to ensure the safety of persons in areas established for road crossings
and/or adjacent to roadways during periods of anticipated heavy or
frequent truck traffic to and from the drill site. Flagmen shall be
present and used to ensure the safety of motorists and pedestrians
and take measures that may include adequate signs and/or other warning
measures for truck and vehicular traffic.
AA.
All drill site construction (grading, installation of erosion and
sedimentation controls, roadway construction, etc.) shall be done
in accordance with Borough construction hours, 7:00 a.m. to 7:00 p.m.
Monday through Saturday. Any burning of trees or brush shall be done
in accordance with burning regulations using an air curtain.
BB.
During the active operation at a drill site Borough staff or consultants
designated by the Borough shall have access to the site to determine
continuing compliance with the conditional use approval.
CC.
The Borough reserves the right to impose any other additional conditions
necessary to protect the public health, safety and welfare of its
residents in order to address any unique characteristics of a particular
drilling site which are not otherwise within the jurisdiction of federal
and state regulations in accordance with the Pennsylvania Municipalities
Planning Code (PAMPC).
DD.
Indemnification and express negligence provisions. The operator shall
fully defend, protect, indemnify, and hold harmless Trafford Borough,
its departments, officials, officers, agents, employees and contractors
from and against each and every claim, demand, or cause of action
and any and all liability, damages, obligations, judgments, losses,
fines, penalties, costs, legal and expert fees, and expenses incurred
in defense of Trafford Borough including, without limitation, personal
injuries and death in connection therewith which may be made or asserted
by any third parties on account of, arising out of, or in any way
incidental to or in connection with the performance by the operator.
EE.
The use of mineral extract overlays, or any similar extraction system,
is strictly prohibited. The issuance of a permit grants only the right
to drill in the specifically zoned and designated area.
A.
Compressor stations and processing plants shall only be permitted
to occur on property with a minimum of 25 acres or larger. The applicant
shall strive to consider locations for its temporary and permanent
operations where prudent and possible so as to minimize interference
with Borough residents' enjoyment of their property and future
Borough development activities. The applicant must present an expert
witness testimony to demonstrate the location of the facility will
not unreasonably adversely affect any of the following:
B.
A conditional use application for a compressor station or processing
plants shall be accompanied with written permission from the property
owner(s) who has legal or equitable title in and to the surface rights
of the property or a court order recognizing the operator's authority
to occupy the surface. If the operator owns the property, proof must
be provided.
C.
A lot utilized for compressor station and processing plant shall
provide minimum front, rear and side yards of 250 feet and shall in
addition provide a distance of 2,500 feet from the edge of the compressor
station to any property line of a property with a protected structure.
D.
The conditional use approval may be extended one time only by the
Borough upon written request by the operator; such request must be
submitted at least 60 days before the expiration of the initial one-year
period. An approved extension shall be for a period of one year or
less. The operator shall provide proof that, if an extension is approved,
the activities and locations for those activities will not be materially
different than how they were described at the hearing for initial
approval of the use.
E.
As part of the conditional use application, the Borough Fire Department
and Emergency Management Services shall be provided the name of the
person supervising the compressor station or processing plant and
a phone number where such person can be reached 24 hours a day. Also,
a list of contact information for all subcontractors associated with
the operations of the station must be provided. The list shall include
verification that all operators and subcontractors at the site are
aware and understand this article.
(1)
The building shall be constructed in a manner that the architectural
character complements the existing character of the area. The building
shall employ architectural features including but not limited to sloped
roofs, stone and brick accents, steeples, cupolas, etc.
(2)
The building shall employ soundproof-type walls and all equipment
associated with the compressor station shall be enclosed within the
building. All acoustical structures shall be constructed of metal,
masonry, or other structurally sound material as approved by the Borough.
F.
All compressor stations and processing plants shall be completely
enclosed by a building. Access directly to state roads shall require
Pennsylvania Department of Transportation (PADOT) highway occupancy
permit approval. Prior to initiating any work at the station, the
Borough shall be provided a copy of the highway occupancy permit.
Access roads shall also comply with the following:
(1)
Access roads must be 50 feet from adjacent property lines unless
written consent is given.
(2)
First 50 feet must be paved. Then 150 feet must be limestone in a
manner that reasonably minimizes water, sediments, or debris carried
onto any public road.
(3)
If the access road is less than 200 feet, the entire road must be
limestone.
(4)
The access driveway off the public road to the station shall be gated
at the entrance to prevent illegal access into the site. The site
assigned address shall be clearly visible on the access gate for emergency
911 purposes. In addition, the sign shall include the station name
and number, name of the operator and the telephone number for a person
responsible who may be contacted in case of emergency.
G.
The operator must provide a plan for the transmission of gas, water,
oil, or other substances to and from the station. The operator shall
identify the location of, but not limited to, gathering lines, compressors,
and other mid and downstream facilities located within the Borough
and extending 800 feet beyond the Borough boundary. The operator shall
provide the Borough with all state and federal permits that have been
acquired, and bonding agreements, and proof of ability to operate
such pipelines.
H.
Noise. The Borough may require acoustical blankets, sound walls,
mufflers or other alternative methods to ensure compliance depending
on the location of a proposed station to adjacent residential properties.
As part of the conditional use application, and prior to construction,
the operator shall establish the residual or background noise level
baseline. The baseline shall be established over a seventy-two-hour
period with at least one twenty-four-hour reading on a Saturday or
Sunday. A noise consultant/engineer mutually agreed upon by the Borough
and owner/operator will be responsible for determining the residual
background noise level baseline. The operator shall be responsible
for all costs associated with the noise consultant/engineer.
(1)
The noise generated during operating activities when measured at
the nearest protected structure property line or 100 feet from the
nearest protected structure (as measure to the closest exterior point
of the building), whichever is closer to the protected structure,
shall not exceed the average ambient noise level as determined by
the seventy-two-hour evaluation:
(2)
If a complaint is received by any person using a protected structure
for a lawful purpose, within a reasonable vicinity of a compressor
station, regarding noise generated by compressor station operations,
the Borough will conduct a sound test to verify that a viable complaint
exists. Upon confirmation by the Borough that a possible noise violation
exists, the operator shall, within twenty-four hours of the receipt
of the complaint from the Borough, continuously monitor for a forty-eight-hour
period at a point which is the closer to the complainant's building
of:
(3)
If the operator engages in any noise testing as required by this
article, it will provide preliminary data to the Borough no later
than 10 business days following completion of the noise testing. Once
the monitoring is complete, the operator will meet with Borough representatives
and affected residents to discuss whether possible noise abatement
measures are warranted, if the permitted levels set further herein
were exceeded. The Borough reserves the right to hire a noise consultant
to do its own testing and investigation regarding the noise complaint.
(4)
Any person or entity violating this provision shall be subject to
a fine of $500 and, if not remedied within 24 hours' notice of
violation, which fine shall increase to $1,000 per day that the violation
continues to exist. If the violation has not been abated within five
days of the date of notice of violation, the job shall be shut down
until the violation is abated.
I.
Drip pans must be placed in any location, under equipment, that has
the potential to leak.
J.
All condensate tanks shall be equipped with vapor recovery and/or
vapor destruction units.
K.
All structures including but not limited to pumping units, storage
tanks, buildings, and structures shall be painted a neutral color,
compatible with the surrounding uses. Neutral colors shall include
sand, gray, green and unobtrusive shades of brown, or other neutral
colors, as approved by the Code Enforcement Officer and/or the Borough.
L.
Compressor stations and processing plants shall be inspected by the
Borough fire department prior to operation. During the active operation
at the compressor station or processing plant, Borough staff or consultants
designated by the Borough shall have access to the site to determine
continuing compliance with the conditional use approval.
M.
Applicant will reimburse the Borough for all reasonable and direct
professional consultant fees incurred by the Borough related to site
inspection, approval process, or for specialized work called for in
the permit.
N.
The Borough reserves the right to impose any other additional conditions necessary to protect the public health, safety and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (PAMPC) and Article I, Section 27, of the Pennsylvania Constitution.
O.
Indemnification and express negligence provisions. The operator shall
fully defend, protect, indemnify, and hold harmless Trafford Borough,
its departments, officials, officers, agents, employees and contractors
from and against each and every claim, demand, or cause of action
and any and all liability, damages, obligations, judgments, losses,
fines, penalties, costs, legal and expert fees, and expenses incurred
in defense of Trafford Borough including, without limitation, personal
injuries and death in connection therewith which may be made or asserted
by any third parties on account of, arising out of, or in any way
incidental to or in connection with the performance by the operator.
P.
The facility and/or its operation shall comply with all applicable
permits and requirements of the PA DEP, the United States Environmental
Protection Agency and any other governmental authority having jurisdiction
over its operations and with all federal, state and local laws, ordinances
and regulations promulgated to protect the environment or otherwise
relating to environmental matters. The applicant shall demonstrate
that the compressor stations will not violate the citizens of Trafford
Borough's right to clean air and pure water as set forth in Article
1, Section 27, of the Pennsylvania Constitution (The Environmental
Rights Amendment). The applicant will have the initial burden to demonstrate
that its operations will not affect the health, safety or welfare
of the citizens of Trafford Borough or any other potentially affected
landowner. The application submittal shall include reports from qualified
environmental individuals attesting that the proposed location will
not negatively impact the Borough residents' environmental rights.
The application submittal must include a written report that evaluates
the impacts of air emissions from the construction and operations
processors; such report must be based in part on air modeling. The
application submittal must include a written report that evaluates
the impacts to surface waters and groundwater from any potential release
of a fluid during the construction or operations processes; such report
must be based in part on hydrogeological modeling. Any qualified environmental
individual or expert attesting to the proposed site's impact
must be independent and not an employee of the applicant. Further,
the Borough reserves the right to screen any qualified environmental
individual or expert to insure such independence and lack of bias.
Q.
The operator shall be required to provide notice of any spills and/or
releases to the Borough immediately.
A.
As part of the permit application process, drilling companies must
develop a water management plan to identify the company's plan
to obtain and store the water, as well as identify withdrawal quantity,
rate, timing, and pass-by flow requirements. Drilling companies must
include a re-use plan for water used to hydraulically fracture wells.
B.
Pits or impoundments with synthetic liners and embankments may be
utilized as an additional method of containment in conjunction with
the enclosed containment units to temporally store water subject to
a DEP permit which shall mandate standards for construction.
C.
Drilling companies are required to identify where produced wastewater
will be stored, treated, and disposed.
D.
Wastewater must be recycled, treated at an authorized wastewater
treatment facility, or disposed of at an authorized waste disposal
facility. DEP approval is required before the receiving treatment
or disposal facility can accept the wastewater for processing and/or
disposal. Well operators are required to submit reports to the DEP,
and to Trafford Borough upon request, concerning waste disposal.
E.
If wastewater is stored on-site, it must be in sealed containers,
per DEP regulations, and every site must have a containment pad (pit)
with liners to collect any spilled wastewater, which must be vacuumed.
The containment area must engage proper erosion controls as set forth
and approved by the County Conservation District.
