(a)
Use of explosives prohibited.
It shall be unlawful for
any person, company or other entity to engage in any commercial or
industrial operation, including geophysical exploration, in the city
using any explosives or explosive device. This prohibition does not
prohibit the use of fireworks in connection with celebrations as may
be allowed by the city council and in accordance with any other ordinance
regulating pyrotechnics.
(b)
Use of Vibroseis.
It shall be unlawful for any person,
company or other entity to engage in any commercial or industrial
operation, including geophysical exploration, in the city using any
kind of mechanical device for the purpose of creating vibrations and/or
signals in the earth in varying frequencies (hereinafter called “Vibroseis”)
without complying with all the terms and conditions of this article.
(1999 Code, sec. 3.1201)
Any person, corporation, partnership or other legal entity who shall conduct any commercial or industrial operation, including geophysical exploration, within the city using Vibroseis vehicles or other vibrating equipment without first obtaining a permit as required by this article, or who shall otherwise violate any of the terms of this article, shall be in violation of this article, and shall, upon conviction, be guilty of a misdemeanor and shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code for each occurrence. Each day that a violation shall occur shall be a separate offense.
(1999 Code, sec. 3.1205)
Any person, company or other entity wishing to engage in any
commercial or industrial or geophysical operation in the city using
Vibroseis shall first obtain a permit from the city by furnishing
the following information:
(1)
Name
of the person or entity seeking the permit, and its physical address,
mailing address, telephone number, fax number and e-mail address.
(2)
Name
of the contact person capable of binding and contracting for the applicant
with whom the city may communicate in connection with the permit and/or
Vibroseis operation, the mailing address of such person, 24-hour telephone
numbers at which such person will be available through the duration
of the Vibroseis operation, and such person's telephone number, fax
number, and e-mail address.
(3)
The
name, address, telephone, and fax number and e-mail address of each
contractor or subcontractor who will be performing services inside
the city limits under the permit sought.
(4)
Name,
telephone number, address and government-issued picture identification
of all persons connected with the applicant, contractor or subcontractor
and all employees thereof who will be working in the city limits under
the permit sought. If any such person is to be driving a motor vehicle
or machinery upon any public roadway within the city, the vehicle
must be identified, and the operator must furnish a valid driver's
license and proof of insurance.
(1999 Code, sec. 3.1202)
The applicant may enter onto property owned or controlled by
the city for the purpose of conducting geophysical/seismic operations
(operations). The operations on city property shall be limited to
electronic receivers and necessary wiring to link the receivers. The
applicant shall employ no vibrator trucks or similar vibrating machinery
on any city property. The locations, whether on city property or on
private property, where the applicant may conduct its operations are
limited to those locations identified on a detailed map of the city,
which shall be delivered to the city at least five (5) working days
before commencement of any operations.
(1999 Code, sec. 3.1203)
The following conditions and requirements shall be met by the
applicant prior to the commencement of any use and operation of Vibroseis
vehicles or other vibrating equipment in connection with any commercial
operation, including geophysical exploration, within the city:
(1)
General standards.
(A)
All commercial or industrial operations, including geophysical exploration,
within the city using Vibroseis vehicles or other vibrating equipment
(hereinafter called geophysical operations) shall be limited to the
areas and locations depicted on a map hereafter required of the applicant.
The locations of geophysical operations are subject to minor adjustment
if such adjustment is required to maintain compliance with the terms
and conditions set forth herein, or to ensure the safety of adjacent
structures or the general population. It is understood and agreed
that in no event shall any Vibroseis vehicle vibrate on any public
street right-of-way under the jurisdiction and control of the city.
The geophysical operations that the applicant is authorized to conduct
on city-owned property are specifically identified and described on
the map submitted to the city. The only operation authorized within
the right-of-way of city streets is the placement of recording equipment,
including cables, sensing devices (geophones), and electronic recording
equipment. Operations authorized at locations on city property other
than public streets shall be limited to Vibroseis vehicles (vibrator
trucks) and recording equipment. No detonation of explosive charges
shall be permitted within the city.
(B)
The geophysical operations authorized hereby shall be completed within
sixty (60) consecutive calendar days after the date of the approved
permit.
(C)
The applicant shall be responsible for and shall settle all reasonable
and legitimate claims, demands, and causes of action relating to property
or persons arising out of, or as a result of, the applicant's operations
and shall handle all such claims in an expedient manner.
(D)
The applicant shall employ an independent third-party engineer (specializing
in seismology), to be approved by the city, who will be on the job
during all periods where Vibroseis will be in operation, to mitigate
any potential damage to public or private property.
(E)
The applicant shall obtain written permission from property owners
before entering or crossing private property.
(F)
The applicant shall notify each owner, resident and/or business located
within 200 feet of its planned operations twenty-four (24) to forty-eight
(48) hours prior to performing the actual work. The applicant shall
also provide to such owner, resident, and/or business, in writing,
the name and telephone number of an individual to contact in case
of a claim for personal injury or property damage, and the procedure
for obtaining a copy of the applicant's insurance certificate.
(G)
The applicant shall place newspaper advertisements of not less than
three inches by four inches (3” x 4”) in both the official
newspaper of the city and a second daily newspaper in general circulation
in the county explaining the work to be performed, the location of
the work, and a toll-free telephone number where residents may call
for more information.
(H)
All geophysical operations within the city, or adjacent to the city's corporate limits, shall be conducted in accordance with the procedures and in compliance with the terms, conditions, and limitations set forth in section 4.08.006.
(I)
Using industry standard equipment and techniques, the applicant shall,
at all times during its operations, monitor ground motion at close
proximity to all structures, homes, buildings, water wells, and city
facilities. The applicant shall maintain all documentation of monitoring
activities for a period of at least three (3) years and make said
documentation available upon request for inspection by the city.
(J)
The applicant shall obtain water well, underground hazardous waste
storage/disposal sites, and water, sewer, oil, gas, and chemical pipeline
location maps and conduct all engineering calculations necessary to
confirm that all operations meet standards established by the governing
engineering codes and criteria. 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 article and that
safe operating distances are maintained. If requested by the applicant,
the city shall make maps available for inspection and copying, if
any, prepared by or on behalf of the city which indicate subsurface
structures or facilities; provided, however, the applicant's reliance
on any information furnished by the city or its agents, representatives,
and employees, whether written or verbal, shall be at the sole risk
of the applicant and the following disclaimer shall apply to any and
all such information:
(APPLICANT) ACKNOWLEDGES THAT THE 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 CITY MAKES NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR FITNESS FOR A PARTICULAR
USE OR PURPOSE OF SUCH SUBSURFACE INFORMATION.
(K)
Testing, detonation, vibration, and recording operations shall only
be conducted from 9:00 a.m. until 5:00 p.m., local time, on Monday
through Friday, from 10:00 a.m. until 5:00 p.m., local time, on Saturday,
and from 1:00 p.m. until 5:00 p.m., local time, on Sunday.
(2)
Use of city property.
(A)
The applicant shall restore any lands or rights-of-way used in its
operations to original condition, free of damage, including ruts or
any injury to vegetation. Any costs incurred by the city for restoration
will be reimbursed to the city at full cost by the applicant. Such
cost will be paid by the applicant to the city within thirty (30)
days of receipt of invoice.
(B)
The applicant shall ensure that its operations will not interfere
with the free and safe flow of traffic. When operations are immediately
adjacent to the pavement, all equipment shall be parked on one side
of the roadway only.
(C)
The applicant shall notify the city of any equipment to be operated
on city streets that will exceed the maximum load limit of 48,000
pounds and obtain any special permitting required.
(D)
The applicant shall provide a $100,000.00 cash bond to the city,
the purpose of which is to protect the city from any damages to city-owned
land, buildings, or structures, including, but not limited to, any
traffic signs/markers, roads, bridges, drainage facilities, rights-of-way,
water lines, sanitary sewer and storm sewer facilities owned by the
city, occurring or in any way incident to, arising out of, or in connection
with the applicant's operations. In the event the city, at its sole
and exclusive option, determines that any repairs to the building,
road, bridge, drainage facility, right-of-way, water line, sanitary
sewer or storm sewer facility, or other city property are required,
the city shall make such repairs, or shall cause same to be made,
and deduct the cost thereof from the cash bond amount without further
notice to the applicant, and upon expiration of one (1) year from
the effective date of any permit hereunder the city shall refund any
balance of the cash bond to the applicant, upon written application
for same. The city shall invest such cash bond in a similar manner
to other funds of the city and any interest earned thereon shall accrue
to the benefit of the applicant. Should the costs to repair or replace
damaged property exceed the amount of the cash bond, the applicant
shall reimburse the city for such costs within thirty (30) days of
the receipt of invoice.
(E)
Cables placed on the pavement within rights-of-way must be arranged
so they do not create a hazardous condition or rumble strip effect.
All cables must be securely anchored to the roadway with materials
that will not damage and/or puncture the pavement. Nails, spikes,
and similar materials used for anchors shall not be placed inside
the pavement edge.
(F)
Operations under a permit issued hereunder that occur on city property
shall be barred when the city administrator determines that the ground
conditions are such that operations would cause extensive rutting
in the rights-of-way, easements, or city property. In addition, operations
will be barred when ground conditions would cause the tracking of
mud, gravel, rock, or debris onto the roadway surface of any right-of-way
or other city improvements. In the event that mud, gravel, rock, or
debris is inadvertently tracked onto roadways in a way that creates
a safety hazard or potential for damage to vehicles, the operator
shall immediately cease operations and clean the roadway of all mud,
gravel, rock, or debris.
(G)
Each work crew shall be accompanied by a police officer while performing
operations on city property, streets, and rights-of-way, or otherwise
impeding the flow of traffic. The applicant shall either hire off-duty
city police officers or reimburse the city at the rate of $35.00 per
hour (minimum of four hours) per police officer and $100.00 per day
for each fully equipped police vehicle. The applicant shall pay such
reimbursement within thirty (30) days of receipt of invoice.
(H)
The applicant shall furnish adequate signs, barricades, flares, flagmen,
etc., as necessary to protect the traveling public.
(3)
Conduct of testing.
(A)
The applicant shall furnish to the city administrator, or his designee,
a schedule of each week's test plans.
(B)
Prior to performing the actual work, the applicant shall offer inspection
in writing to each owner, resident, and/or business within 200 feet
of any Vibroseis operation, and shall provide, if requested, pre-damage
and post-damage inspections for all structures, including flow tests
and lab tests for water wells. The applicant shall maintain records
of such inspections for a period of three (3) years. The applicant
shall make available to the city, upon request by the city, such records,
in whole or in part.
(C)
The applicant shall maintain, for a period of three (3) years, and
make available to the city, upon request to the city, the daily log
of Vibroseis tests showing date, location, drive level, operator,
and any other pertinent information related to the Vibroseis tests.
(D)
Prior to performing the actual work, the applicant shall offer, in
writing, to the city and to the owners or agents of all buildings,
structures, water wells, and underground facilities within 1500 feet
of any vibration source locations, and shall provide, if requested,
pre-inspections and post-inspections for all structures, including
flow tests and lab tests for water wells. The applicant shall maintain
records of such inspections for a period of three (3) years and shall
make such records available for inspection upon request by the city.
(E)
The applicant shall furnish city on a weekly basis a copy of the
daily logs for all tests (i.e., submit Monday through Friday logs
on the following Monday).
(F)
Explosives shall be transported in accordance with all federal, state,
and city laws, rules, and regulations. All vehicles transporting explosives
will be placarded according to Regulation of Hazardous Materials,
49 C.F.R. Only the necessary amount of explosives for each day's operations,
during such period as a permit issued hereunder is in effect, shall
be transported within the city at any given time. No explosives shall
be stored within the city's corporate limits, unless approved by the
city's fire marshal. If such storage is approved, explosives must
be stored in accordance with all federal, state, and city laws, rules,
and regulations, at a single, isolated, and sparsely populated location.
(4)
Fees, insurance and indemnification.
(A)
As consideration for the issuance of a permit hereunder, the applicant agrees to comply with all the terms and conditions set forth herein, and pay to the city a fee in the amount established in appendix A to this code, as reimbursement for expenses incurred by the city in connection with the issuance of a permit hereunder.
(B)
Prior to conducting any operations hereunder, the applicant and its
contractors shall furnish a certificate of insurance to the city showing
the city as an “additional insured” with respect to operations
conducted within the city and showing liability insurance coverage
covering commercial, personal injury, general, and pollution liability
in amounts not less than $1,000,000.00 per person, $2,000,000.00 per
occurrence, and $1,000,000.00 property damage.
(C)
The applicant hereby agrees to protect, indemnify, defend and hold
the city and its officers, employees, agents, and representatives
harmless from and against all claims, demands, and causes of action
of every kind and character of the applicant or the applicant's contractors,
agents, or representatives, for injury to, or death of, any person
or persons, damages, liabilities, losses, and/or expenses occurring
or in any way incident to, arising out of, or in connection with the
operations under a permit issued hereunder, including attorney fees,
and any other costs and expenses incurred by the city in defending
against any such claims, demands, and causes of action.
(D)
Within thirty (30) days of receipt of same, the applicant shall notify
the city, in writing, of each claim for injuries to or death of persons
or damages or losses to property occurring or in any way incident
to, arising out of, or in connection with its or its contractor's,
agent's, or representative's operations conducted under this article.
At the city's discretion, the city may conduct an independent investigation
and monitor and review the processing of any such claim to ensure
that such claim is handled as required herein.
(E)
Any permit issued under this article may be revoked by the city upon
breach by the applicant of any term or condition contained herein.
(F)
The applicant shall not assign any permit issued hereunder, or any
of its rights hereunder, without the express written consent of the
city.
(G)
Notwithstanding anything contained herein to the contrary, any permit
issued hereunder shall not be effective unless and until the cash
bond and the certificates of insurance have been filed with the city
secretary and approved by the city administrator.
(1999 Code, sec. 3.1204; Ordinance
adopting Code)
(a)
Planning.
(b)
Notification.
(1)
Receiver lines.
Notice of operations will be provided
to residents along city streets and rights-of-way where receiver lines
are located. Such notice will be in the form of notices delivered
to each house twenty-four (24) to forty-eight (48) hours prior to
the deployment of equipment.
(2)
Source lines.
Residences and businesses located within
two hundred feet (200’) of any shot hole or Vibroseis point
will be notified twenty-four (24) to forty-eight (48) hours prior
to shooting. Notice must be in the form of flyers delivered to each
residence or business.
(3)
Inspections.
Inspections will be offered by permit holders
to owners of all residences and businesses within two hundred feet
(200’) of any source point.
(c)
Receiver layout.
(1)
A combination of private permits and city rights-of-way pre-approved
by the city shall be utilized for receiver points.
(2)
Receivers shall be grouped at receiver point locations with excess
wire grouped as neatly as possible.
(3)
In instances where cables or geophone wire must be laid across sidewalks
or driveways, they will be taped down.
(4)
Along city rights-of-way, geophones and cables will be placed as
close to the curbline as is possible and excess wire grouped as neatly
as possible away from the road.
(5)
Requests for temporary removal of equipment for mowing will be responded
to promptly. A local phone number for such requests will be included
on each flyer distributed.
(e)
Traffic control.
(1)
The layout and subsequent pickup of equipment on city streets will
be accompanied by a licensed peace officer to assist in traffic control.
If available, and with the city's permission, off-duty city police
officers will be employed.
(2)
All Vibroseis operations with the city will be accompanied by licensed
peace officers to assist with traffic control. If available, and with
the city's permission, off-duty city police officers will be employed.
(f)
Monitoring.
(1)
Seismic monitors from a third-party subcontractor will be deployed
on all vibrator points located in the city. Monitors will be positioned
between the source point and the closest structure or object. The
monitors will be placed as close to the structure or object as is
reasonably possible. In congested areas, additional monitors will
be deployed as necessary. During Vibroseis operations, in addition
to monitoring the nearest structure or object, a second monitor will
be located at the structure or object that will be closest to the
next source point. Additional monitoring will occur at each city water
well, wastewater treatment facility, water line, sanitary sewer line,
and other sensitive structure.
(2)
On Vibroseis points, every source location will be monitored to confirm
that the preselected drive level for the sweep is correct and to ensure
that peak particle velocity (PPV) values will be below the 0.20 inches
per second (IPS) threshold. To prevent exceeding this level, a test
sweep will be taken and the energy level of the vibrator trucks will
be set so as not to exceed 0.20 IPS. If vibrator energy levels cannot
be set low enough to maintain PPV values below 0.20 IPS, the vibrator
point will be moved farther from structures or dropped completely.
(3)
In addition to any other contractors employed by the permit holder,
additional monitoring will be provided at the permit holder's cost.
(g)
Vibroseis sweeps.
(1)
Energy drive levels will be adjusted to ensure safe offset distances
are maintained. For congested areas, drive levels of 50% and 30% are
available to ensure PPV values can be kept below the 0.2 IPS threshold.
(2)
Multi-stage sweeps shall be employed to further reduce the levels
of low frequencies. These sweeps shall have starting drive levels
of 30% or less for the low frequencies, then step up to higher drive
levels through the mid and high frequencies. An example of this would
be sweeps with drive levels of 30% from 8-hertz through 18-hertz frequency
range, then 50% for the 18-hertz and higher frequencies. For instances
where lower drive levels are called for, 20% drive for the 8-hertz
through 18-hertz range and 30% for 18-hertz and higher might be utilized.
(3)
Vibroseis sweeps within the city limits shall be at 16-hertz or above.
Any other Vibroseis sweeps within three hundred (300) feet of any
city water well, wastewater treatment facility, water line, sewer
line, or other sensitive structure shall be at 16-hertz or higher.
The city and the permit holder may agree to revise this frequency
requirement if the permit holder can demonstrate, to the city's satisfaction,
that a lower frequency or alternative method will not result in damage
to city infrastructure.
(1999 Code, sec. 3.1206)
