It shall be unlawful for any person to drill a hole into the
surface of the earth to secure natural gas within the Borough of Girard
without first obtaining a permit therefor.
It shall be the duty of the property owner to secure from the
Borough Manager a permit to drill a natural gas well. A permit fee
in such amount as may, from time to time, be set by the Council of
the Borough of Girard by resolution shall be paid to the Borough of
Girard at the time of application. No permit shall be issued until
the property owner has presented the following documents to the Borough
Manager:
A. State of Pennsylvania permit.
B. A survey and plot plan made and certified by a surveyor or civil
engineer licensed by the State of Pennsylvania, which plot plan shall
indicate the location of the well site, together with distances indicated
thereon of the well site from any existing structures, structures
on the adjoining property, property lines and right-of-way lines.
C. The well driller's name and address.
D. The well driller's certificate that his rotary drilling rig
has a one-and-one-half-inch fire hose connection on the front of the
drilling rig so that a fire hose can be connected to flood the well
in case of fire.
E. The well driller's certificate of insurance.
F. The signature of the well driller or his agent that he understands
and will comply with all provisions of this chapter.
No well site shall be closer than:
A. Fifteen feet from any building on the owner's property.
B. Twenty-five feet from any building on neighboring property.
C. Fifty feet from any building of public assembly.
D. Fifteen feet from the owner's property line.
E. Ten feet from any public road right-of-way.
When one is drilling with a rotary rig, the discharge pipe must
discharge the air, dirt, rock and gas at least 30 feet from any structure.
The discharge pipe must be of steel and securely attached to the diverter
head.
A fence of at least four feet in height shall be erected and
maintained around the residue (mud) pit until such time as the pit
is completely covered over.
The well drillers shall carry liability insurance in the amount
of $1,000,000.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.