To establish reasonable and uniform regulations,
limitations, safeguards and controls for present and future operations
related to exploring for, drilling for and the development, production,
transportation and/or storage of oil, gas and other hydrocarbon substances
within the Township; and to define the responsibility for compliance
with this article, so that such activities may be conducted in harmony
with other uses of land, thus protecting Township residents in the
enjoyment and use of their property and providing for the public health,
safety and general welfare.
[Amended 8-13-1998 by Ord. No. 98-4]
The terms uses in this chapter shall, unless
the context indicates otherwise, have the respective meanings herein
set forth:
Improvements, equipment or facilities of a type or design
approved by the Commission, Fire Department or Township Engineer.
A sudden or violent escape of oil or natural gas, as from
a drilling well when high formational pressure is encountered.
A mechanical, hydraulic, pneumatic or other device or combination
of such devices secured to the top of a well casing including valves,
fittings and control mechanisms connected therewith or a heavy casinghead
control fitted with special gates or rams which can be closed around
the drill pipe, or other tubular goods which completely closes the
top of the casing and is designed for preventing blowout.
The Bureau of Oil and Gas Management, Department of Environmental
Protection, or the Oil and Gas Division of the Department.
Any gas or vapor, or both gas and vapor indigenous to an
oil stratum and produced from such stratum with oil.
A string or strings of pipe commonly placed in wells drilled
for natural gas or petroleum.
An excavation around and above the top joint of the casing
of a well.
The Oil and Gas Conservation Commission of the Commonwealth
of Pennsylvania.
Liquid hydrocarbons which were originally in the gaseous
phase in the reservoir.
The rights of each owner of oil and gas interest in a common
pool or source of supply of oil or gas to have a fair and reasonable
opportunity to obtain and produce his just and equitable share of
the oil and gas in such pool or sources of supply without being required
to drill unnecessary wells or incur other unnecessary expense to recover
or receive such oil or gas or its equivalent.
Completion, for the purpose of this chapter, 30 days after
the drilling, redrilling or reworking crew has been released through
completion of its work or released by those employing said crew.
Any portable framework, tower, mast or structure which is
or are required or used in connection with drilling reworking, operating
or maintaining a well for the production of oil, gas or other hydrocarbons
from the earth.
The cessation of operation at a drill site without compliance
with the provisions of this chapter relating to suspended operations,
idle wells or abandonment.
Digging or boring a new well for the purpose of exploring
for, developing or producing oil, gas or other hydrocarbons or for
the purpose of injecting gas, water or any other fluid or substance
into the earth.
The derrick, together with all parts of and appurtenances
to such structure, every piece of apparatus, machinery or equipment
used or erected, or maintained for use in connection with drilling.
The premises used during the drilling or reworking of a well
or wells located thereon.
Includes spacing unit and shall mean the are designated in
a spacing order as a unit or as designated by a drilling or unitization
agreement and within which all operators have the opportunity to participate
in the well or wells drilled thereon on a just and equitable basis.
Any fire department, whether voluntary or otherwise, which
has jurisdiction over any premises falling within the confines of
this chapter.
Any gas or liquid.
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarified state at standard temperature and pressure conditions.
It shall also mean all natural gas and all other volatile hydrocarbons
not herein defined as oil, including condensate because it was originally
in a gaseous phase in the reservoir and shall include the gaseous
components occurring in or derived from petroleum or natural gas.
Any well drilled or to be drilled or used for the intended
or actual production of natural gas.
Whenever any oil well fails to produce at the quarterly rate
of 20 barrels of crude oil or other hydrocarbon substances or at quarterly
rate of 100,000 cubic feet of gas for sale, lease or storage for two
successive calendar quarters, such well shall be classified as "idle."
A tract or tracts of land which by virtue of an oil and gas
lease, fee or ownership, constitutes a single tract for the purpose
of the development or operation thereof for oil or gas or both.
The person who has executed an oil or gas lease or sublease,
or the owner of the land or minerals, or his heirs, executors, administrators
or assigns or one who conducts or carries on any oil or gas exploration,
development or operation thereof, or any person so operating for himself
or others.
A new well bore or new hole established at the ground surface
and shall not include redrilling or reworking of an existing well
which is not abandoned.
Any operator who owns an interest in land included in a spacing
unit, and who has not elected to participate in the drilling, equipping,
completing and operating the well or wells to be drilled on such unit,
and to share in the costs of the same.
Crude petroleum oil and all other hydrocarbons regardless
of gravity produced at a well in liquid form by ordinary production
methods but does not include liquid hydrocarbons which are originally
in a gaseous phase in the reservoir.
The construction, use or maintenance of any installation,
facility or structure used, directly or indirectly, to carry out or
facilitate one or more of the following functions: exploring, drilling,
redrilling, development, reworking and repair, production, processing,
extraction, enhanced recovery, stimulation, abandonment, storage or
shipping of oil or gas from these subsurface of the earth.
The physical location where oil operations are conducted.
Any well drilled, to be drilled or used for the intended
or actual production of a liquid petroleum or petroleum products or
for the intended or actual disposal of waste liquids, including solutions
and liquids containing solids in suspension produced from any such
well.
Any owner of the right to develop, operate and produce oil
and gas from the pool or any person drilling, maintaining, operating,
pumping or in control of any well. However, if the operator, as herein
defined, is different from the lessee under an oil or gas lease or
any premises affected by the provisions of this chapter, then such
lessee shall also be deemed to be an operator. In the event that there
is no oil or gas lease in existence the owner of the fee estate in
the premises shall also be deemed an operator. In the event that the
oil is owned separately from the gas, the owner of the substance being
produced or sought to be produced from the pool shall be considered
as operator as to such pool.
Where several contiguous parcels of land in one or different
ownership are operated as a single oil or gas lease or operating unit,
the term "outer boundary line" shall mean the exterior limits of the
land included in the larger unit. In determining the contiguity of
any such parcel of land, no street, road or alley lying within the
lease or unit shall be deemed to interrupt such contiguity.
A person who owns the legal or equitable title in and to
the surface of the drill site or oil operation site.
Any operator who own an interest in land included in a spacing
unit, and who has elected to participate in the drilling, equipping,
completing and operating the well to be drilled on such unit, and
to share the costs of the same.
A drilling permit issued or sought to be issued under this
chapter, authorizing the drilling of an oil well or gas well or other
oil operations as herein defined.
Includes both the singular and the plural and shall mean
any natural person, corporation, association, partnership, receiver,
trustee, executor, administrator, guardian, fiduciary or other representative
of any kind and includes any department, agency or instrumentality
of the commonwealth, or any governmental subdivision thereof.
The person to whom is issued a permit authorizing the oil
operations which are the subject matter of this chapter, and his or
its administrators, executor, heirs, successors and assigns.
An underground reservoir containing a common accumulation
of oil and gas or both not in communication laterally or vertically
with any other accumulation of oil or gas.
The use of oil operations for gauging, recycling, compressor
repressuring, injection, reinjection, dehydration, stimulation, separation
(including, but not limited to, separation of liquids from gas), shipping
and transportation, and gathering oil, gas, other hydrocarbon substances,
water or any combination thereof.
The owner of the well or wells capable of producing oil or
gas or both.
Recompletion of an existing well by deepening or sidetrack
operations extending more than 150 feet from the existing well bore.
Recompletion of an existing well within the existing bore
hole or by deepening or sidetrack operations which do not extend more
than 150 feet from the existing well bore, or replacement of well
liners or casings.
Public rights-of-way including streets, easements and other
property within the Township and which is dedicated to the use and
benefit of the public.
Any owner of oil or gas in place or oil or gas rights subject
to a lease covering such oil or gas in place or oil and gas rights.
Royalty owner also means any owner of an interest in an oil or gas
such lease or the proceeds therefrom without obligating him to pay
any costs under such lease. Royalty owner shall also mean the owner
of any interest of the oil or gas in place or oil or gas rights who
has not executed an oil or gas lease to the extent that such owner
is not designated an operator.
A well capable of producing in excess of the minimum requirements
for an idle well, but which is not placed into production due to lack
of market.
Any flame, arc, spark or heated object or surface capable
of igniting liquids, gases or vapors.
That portion of any subterranean sand or rock stratum or
strata into which gas is or may be injected for the purpose of storage
or for the purpose of testing whether said stratum is suitable for
storage.
An earthen pit lined or unlined for the discharge of oil
field wastes.
A container, covered or uncovered, used in conjunction with
the drilling or production of oil, gas or other hydrocarbons for holding
or storing fluids.
Such person familiar through experience in, exposure to,
or education in oil and gas well operations as may be retained from
time to time by the Township.
Used herein or not specifically defined herein shall have
that meaning customarily attributable thereto by reasonable and prudent
operators in the oil and gas industry.
The following shall be considered "waste":
Physical waste as the term is generally understood
in the oil and gas industry, which includes the following:
Permitting the migration of oil, gas or water
from the stratum in which it is found to other strata if such migration
would result in a loss of recoverable oil or gas or both.
The drowning with water of any stratum or part
thereof capable of producing oil or gas in paying quantities except
for secondary recovery purposes or in hydraulic fracturing or other
completion practices.
The unnecessary and excessive surface loss or
destruction of oil or gas.
The inefficient or improper use, or unnecessary
dissipation of reservoir energy.
The drilling of more wells than are reasonably
required to recover efficiently and economically the maximum amount
of oil and gas from a pool.
A hole or holes, bore or bores, to any sand, horizon, formation,
strata or depth for the purpose of producing any oil, gas, liquid
hydrocarbon, brine water, sulphur water or for use as an injection
well for secondary recovery, disposal or any of them.
The maintenance work performed within any existing well bore
which does not involve drilling, redrilling or reworking.
A.
Oil and gas wells and the drilling of such wells as
permitted in all zoning districts provided they comply with all of
the requirements of this chapter.
A.
Administration. The Township Zoning Officer, or his
duly appointed representative, is hereby authorized and directed to
enforce the provisions of this article.
B.
Right-of-entry. Whenever necessary to enforce any
of the provisions of this article, or whenever the Township Zoning
Officer has reasonable cause to believe that there exists in any building
or upon any premises any condition contrary to the provisions of this
article, the Township Zoning Officer and/or a Township appointed technical
advisor may enter such building or premises at all reasonable times
to inspect the same or to perform any duty imposed upon the Township
Zoning Officer by this article. If such entry is refused, the Township
Zoning Officer shall have recourse to every remedy provided by law
and equity to secure entry. No owner or occupant or any other persons
having charge, care, custody or control of any building or premises
shall fail or neglect, after proper demand, to permit prompt entry
therein by the Township Zoning Officer, or his representative, for
any purpose pursuant to this article.
C.
Agent. Every operator and/or lessee of any well shall
designate himself or an agent or agents, who is a resident of the
Commonwealth of Pennsylvania, upon whom all orders and notices provided
in this article may be served in person or by registered or certified
mail. Upon application for a permit hereunder, such operator and/or
lessee shall notify the Township Secretary of the name and address
of said agent and shall within 10 days notify the Township Secretary
in writing of any change in such agent or such mailing address unless
operations within the Township are discontinued.
D.
Notice. Every person who acquire any well, property
or site upon which operations which are the subject matter of this
chapter exist, whether by purchase, transfer, assignment, lease, conveyance,
exchange or otherwise, shall within 10 days after acquiring such well,
property or site, notify the Township Secretary in writing of such
acquisition. The notice shall contain the following:
(1)
The name and address of the person acquiring such
well, property or site.
(2)
The name and location of the well, property or site.
(3)
The date of acquisition.
(4)
A description of the properties and equipment acquired;
including a plot plan of the well, property or site.
(5)
The name and address of any person designated to receive
service of notice.
E.
Transfer of operator. The operator of every well shall
notify the Township Secretary in writing of the transfer to another
operator of such well for any purpose. Within 10 days after such transfer
by reason of sale, assignment, transfer, conveyance or exchange, said
notice shall be given and shall contain the following:
(1)
The name and address of the person to whom such well
was sold, assigned, transferred, conveyed or exchanged.
(2)
The name and location of the well, property or site.
(3)
The date of sale, assignment, transfer, conveyance
or exchange.
(4)
The date when possession was relinquished by the former
operator.
(5)
A description of the properties and equipment transferred
including a plot plan of said property.
It shall be unlawful and a violation of this
chapter for any person to commence oil operations or to explore for
oil and gas or drill, redrill, deepen, rework, activate or convert
any well within Upper Frederick Township without a permit having been
issued in accordance with the terms of this chapter. No permit shall
authorize the drilling, redrilling, deepening, reworking, activating
or converting of more than one well. A well shall be deemed to be
drilled, redrilled, deepened, reworked, activated or converted within
the Township when it is to be located on property within the Township
that is to be used for the production of the well or when lands within
the Township are made part of a pool drilling unit, or are subject
to unitization agreement.
[Amended 8-13-1998 by Ord. No. 98-4]
Any person desiring to drill or operate an oil
or gas well in the Township shall make a permit application pursuant
to this article.
A.
If the application meets the requirements of this
article a permit will be issued to the operator of the well drilling
operation. This permit shall be prominently displayed at the well
or well drilling site at all times.
B.
No permit will be issued unless the provisions of
this article and the provisions of all the pertinent laws of the Commonwealth
of Pennsylvania which are applicable to the operation or drilling
or abandonment of oil or gas wells are met.
C.
The permit application will be reviewed by the Township
Board of Supervisors at a public meeting to be scheduled no more than
60 days after the permit application is filed. After this review,
the Board will make its recommendation to the Zoning Officer.
D.
At least 30 days prior to the public meeting, the
Township Secretary will submit a copy of the application, along with
all supporting documents, to the Township Planning Commission for
their review and recommendation.
E.
The Township shall give notification of the public meeting according to § 285-32 of this chapter.
F.
At least 30 days prior to the public meeting, the
Township Secretary will submit a copy of the DEP approved erosion
and sedimentation control plan and the rehabilitation reclamation
plan to the Township Engineer for his review and recommendation; the
Township, at its discretion, shall also submit, at least 30 days prior
to the public meeting, the erosion and sedimentation control plan,
along with all supporting documents to the Montgomery County Planning
Commission (MCPC), Soil Conservation Service, or any other technical
agency for their review and recommendation.
G.
A separate application and supporting papers as hereinafter set forth in § 285-190 shall be submitted for each well proposed to be drilled.
H.
The Township Zoning Officer, after considering the
recommendations of the Board of Supervisors, shall issue or deny the
permit within 15 days of the public meeting.
I.
Should the application be rejected, the filing fee
shall in any event be retained by the Township.
J.
The permit issued pursuant to this section shall entitle
the applicant to drill the well as applied for.
[Amended 8-13-1998 by Ord. No. 98-4]
Every application for a permit required pursuant
to this chapter shall be in writing, signed by the operator or some
person duly authorized to sign on his behalf; and it shall be filed
with the Township Secretary. A separate application shall be made
for each well to be drilled, redrilled, reworked, converted or activated
and shall be accompanied by the application fee. The application shall
include the following information:
A.
The date of the application.
B.
A legal description of the property.
C.
The name and address of the operator.
D.
A plot plan (three copies) which shall show the following:
(1)
Proposed locations of all oil facilities on the oil
operation site including, but not limited to, locations of the wells
to be drilled, fractured, shot or produced together with locations
of storage tanks, access roads, dikes, pipeline, compressors, separators,
storage sheds and trailers.
(2)
Name and address of the assessed owner of the surface
rights, owner of the oil and gas rights, the oil and gas lessee, if
any, and of the driller.
(3)
Topographical lines and floodplain areas.
(4)
Title, scale, north arrow, tax parcel number and date.
(5)
The location of and name or number of private access
roads, and abutting streets and highways, occupied residences and
commercial structures within 500 feet of the well; the location of
all churches, hospitals, rest homes, schools, preschools, nurseries
and places of public assembly within 500 feet of the well; all property
lines, setback lines, building locations and water well locations
on the subject tax parcel and all adjoining tax parcels and the location
of all sewage systems on the subject tax parcel and all adjoining
tax parcels.
(6)
The ownership of adjacent properties and a location
of buildings on adjacent properties.
(8)
Type of derrick, if any, to be used including the
height thereof.
(9)
Proposed route of ingress and egress to the proposed
oil operations site.
(10)
Copies of all permits and applications for permit
obtained pursuant to the Oil and Gas Conservation Law of the Commonwealth
of Pennsylvania, 58 P.S. § 401 et seq., and/or the Gas Operations
Well-Drilling Petroleum and Coal Mining Act of the Commonwealth of
Pennsylvania, 52 P.S. § 2101 et seq., if applicable, as
well as the DEP approved erosion and sedimentation control plan.
(11)
Landscape concept plan which meets the requirements
of this chapter.
(12)
A statement signed by the operator or applicant
under penalty of perjury declaring that if an applicant is duly authorized
to sign on behalf of the operator and file the application, and that
the information contained in the application is true and correct.
E.
There shall be submitted with all applications for
a permit two copies of the rehabilitation reclamation plan. If the
information required for the rehabilitation reclamation plan is included
in the DEP approved erosion and sedimentation control plan, a separate
rehabilitation reclamation plan is not required. This plan must be
put into execution within six months of the cessation of active drilling,
fracturing or shooting of oil or gas wells, or the active removal
of soil or gas, unless a new plan to restart these activities is submitted
to the Township Secretary within six months of the date of cessation
of activity at the site. The rehabilitation reclamation plan must
contain the following information:
(1)
Location, dimensions and names of all trees, shrubs
and ground cover which shall be planted to control soil erosion from
wind and water.
(2)
The method to be used in restoring ground level and
topsoil depths to the original status on work areas, access roads
and pipelines.
(3)
The method and procedure to be used in plugging abandoned
wells in accordance with this chapter or state regulations.
(4)
The removal procedure for all stock piles, equipment,
buildings, pipelines and fences.
(5)
The application for permit shall also indicate the
following:
(a)
The method of transportation of all oil and/or
gas from the well including, but not limited to, type of vehicle,
capacity of tanker and route from drill site or route of pipeline,
etc.
(b)
The method in which records shall be kept on
the drilling operation and also on the production operation of the
well. The location of such records and a certification that the Township
Secretary may have access to such records upon reasonable notice.
F.
Water analysis report. Each application for a permit
shall be accompanied by a water analysis report indicating the water
quality of the area within a one-thousand-five-hundred-foot radius
of the well site, which must be established prior to drilling, during
drilling, during production and/or after abandonment. The water standards
used shall be the United States Government EPA standards for primary
drinking water Document #EPA 570/76-003; and, the secondary drinking
water standards of the Congressional Federal Register of 7-19-1979
40 CFR, Part 143. The report shall contain the following information:
(1)
The names and addresses of all water well owners within
a one-thousand-five-hundred-foot radius of the oil or gas well, who
must be contacted by certified return receipt mail. Each such owner
shall be offered the opportunity to have their water tested for the
primary and secondary EPA standards as described above. The name,
address and telephone number of the water testing laboratory with
which the operator has a contact must be provided the water well owner
and the Township. Water quality tests must be run by the applicant/operator
prior to drilling, every 15 days after drilling starts and every six
months after production or while waiting for production, and six months
after the well is abandoned and the rehabilitation and reclamation
has been completed. Any well owner who has not contacted the water
testing laboratory within two weeks of receiving the certified mail
is considered to not wish to participate in the water testing program.
The cost of the water testing shall be borne by the oil well drilling
operator making this application. A copy of this chapter must be included
in the certified letter to the water well owner. The results of the
mailing showing returned receipt cards and those well owners who requested
well tests along with the initial results of those test must accompany
the well permit applications. Those persons not requesting water tests
must be listed by the applicant/operator and their return receipt
cards must be submitted with the application.
(2)
All year-round streams within a 1,500 feet radius of the well site must have both EPA primary and secondary drinking water standards test completed; the results of which shall be submitted with the permit application, and shall have the same periodic testing as outlined in Subsection F(1), above.
(3)
Should there be no well within a 1,500 feet radius of the oil well drill site, then a monitor water well must be drilled by the applicant/operator of the site and within 300 feet of the oil well site. The well must be drilled to a depth of at least 90 feet and must be the first strata to establish a continuous flow of water of _____ gal/hr for a period of _____ hours. Primary and secondary water standards tests must be performed for this water well as described for the private wells in Subsection F(1), above.
(4)
The results of all water tests shall be kept on file
with the application for the oil well drilling permit. If the water
quality of any tested well is deemed to be adversely affected by the
drilling and/or pumping operation, then that oil or gas shall be subject
to the suspension of operation as established in this chapter.
A.
Irrevocable letter of credit and indemnity bond. Prior
to the issuance of a permit for the commencement of operations, drilling,
redrilling, deepening, reworking, converting or activating a well,
the operator (and driller, if requested by the Township) shall provide
the Township with an irrevocable letter of credit or indemnity bond,
or certificate of deposit or cash and certificate of insurance as
follows:
(1)
An irrevocable letter of credit or indemnity bond
in the principal sum of such amount to be determined by the Board
of Supervisors of Upper Frederick Township but not less than $50,000.
The letter of credit or bond shall be executed by a reliable banking
institution or insurance company authorized to do business in the
Commonwealth of Pennsylvania, with the operator and/or driller as
principal, running to the Township for the benefit of the Township
and all persons concerned, conditioned that the operator and/or driller
will comply with the terms and conditions of this chapter.
(2)
Such letter of credit or bond shall become effective
on or before the date it is filed with the Township and remain in
force and effect for at least a period of three years subsequent to
the expiration of the term of the permit issued; and in addition,
the bond will be conditioned that the operator and/or driller will
promptly pay all legally imposed fines, penalties and other assessments
imposed upon operator and/or driller by reason of his breach of any
of the terms, provisions and conditions of this chapter and that the
operator and/or driller will promptly clear all premises of all litter,
trash, waste and other substances used, allowed or occurring in the
operations and will after abandonment, or completion, grade, level
and restore such property to the same surface conditions as nearly
as possible as, existed when operations were first commenced and that
the operator and/or driller will defend, indemnify and hold the Township,
its officers, agents and employees harmless from any and all liability
growing out of or attributable to the granting of such permit regardless
of whether the liabilities caused in part by the Township, its officers,
agents or employees or any of them. If, at any time, the Board of
Supervisors shall deem an driller or operator's bond or letter of
credit to be insufficient for any reason, it may require the operator
and/or driller to file a new bond or increase the amount of such letter
of credit.
(3)
Whenever the Township finds that a default has occurred
in the performance of any requirement or condition imposed by this
chapter, a written notice thereof shall be given to the operator.
Such notice shall specify the work to be done, the estimated cost
thereof and the period of time deemed by the Township to be reasonably
necessary for the completion of such work. After receipt of such notice,
the operator shall, within the time therein specified, either cause
or require the work to be performed, or failing thereupon shall pay
over to the Township 125% of the estimated cost of doing the work
as set forth in the notice. The Township shall be authorized to draw
against any irrevocable letter of credit which covers the oil operation
site. Upon receipt of such monies, the Township shall proceed by such
mode as deemed convenient to cause the required work to be performed
and completed, but no liability shall be incurred therein other than
for the expenditure of said sum in hand. In the event that the well
has not been properly abandoned under the regulations of this article
or the Commission, such additional money may be demanded from the
operator as is necessary to restore the drill site in conformity with
the regulations of this article. In the event that any letter of credit
is drawn upon, the operator shall be required to post a new letter
of credit in an amount to be determined by the Board of Supervisors
prior to commencement of any further work on the drilling site.
(4)
In the event the operator does not cause the work
to be performed and fails or refuses to pay over to the Township the
estimated cost of the work to be done as set forth in the notice,
or the bank refuses to honor any draft by the Township against the
applicable bond or irrevocable letter of credit, the Township may
proceed to obtain compliance and abate default by way of civil action
against the operator, or by criminal action against the operator,
or by both such methods. The posting of the letter of credit and/or
the drawing upon same by Township shall in no manner be construed
as a liquidated damage amount and the operator shall remain liable
to Township in such amounts as may be necessary to obtain compliance
and abate the default hereunder.
(5)
When the well or wells, covered by said irrevocable
letters of credit, have been properly abandoned in conformity with
all regulations of this chapter, and in conformity with all regulations
of the Bureau and notice to that effect has been received by the Township
or upon receipt of a satisfactory substitute, the irrevocable letter
of credit issued in compliance with these regulations shall be terminated
and canceled.
B.
Insurance. In addition to the letter of credit required
pursuant to this chapter, the operator shall carry a policy or policies
of insurance issued by an insurance company or companies authorized
to do business in the Commonwealth of Pennsylvania, such policy or
policies in the aggregate shall provide for the following minimum
coverages:
(1)
Standard comprehensive general liability covering
the surface property owner, oil and gas owner, oil and gas lessee,
operator and Township including coverage for premises, operations,
blowout or explosion, products completed operations, blanket contractual
liability, underground properly damage, broad form property damage,
independent contractors and personal injury. A certificate of insurance
shall be given for the Township naming all of the above as insured.
(3)
Excess liability (Umbrella Form) $5,000,000, in excess
of primary insurance.
(4)
Worker's compensation in the statutory amount and
employer's liability $100,000 each accident.
(5)
The insurance policies set forth in Subsection B, above, shall provide that they shall not be canceled without prior written notice to the Township Secretary at least 30 days prior to the effective date of such cancellation or such other time period as may be agreed upon by the Township Board of Supervisors.
(6)
In the event such insurance policy or policies are
canceled, the permit granted shall terminate on such date of cancellation
and the operator's right to operate under such permit shall cease
until the operator files additional insurance as provided herein.
C.
Certificate of deposit. The operator may substitute
a certificate of deposit in lieu of the irrevocable letter of credit
or indemnity bond set forth herein above upon the following conditions:
(1)
Such certificate of deposit shall be in such amount
which shall be equal or greater than the amount of the irrevocable
letter of credit or indemnity bond.
(2)
Such certificate of deposit shall be issued by a bank,
selected by the operator in Montgomery County, Pennsylvania, and shall
be payable to the order of the bank (however, accrued interest thereon
shall be payable to the operator and the bank shall be so instructed).
(3)
Such certificate of deposit shall be delivered to
the bank and evidence of the receipt thereof by the bank shall be
submitted to the Township Secretary.
(4)
Such certificate of deposit shall be governed by the
same terms and conditions as irrevocable letters of credit as set
forth in this chapter and bank shall be so instructed.
A.
Permit issuance. When a permit application has been reviewed by the Township and meet the requirements of this article, the Zoning Officer shall, upon receipt of the permit application and filing fees, issue a permit for the exploration for oil and gas or for drilling, redrilling, deepening, reworking, activating or converting of a well. Such permit shall constitute sufficient authority for exploration, drilling, redrilling, deepening, reworking, activating, converting, operation, production, gathering of production, maintenance, repair, testing, plugging and abandonment of the well, and for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines on the oil operations site by the permittee; provided; however, that a permit shall be renewed before such well may be reworked for purposes of redrilling, deepening or converting such well to a depth or use other than that set forth in the current permit for such well. Such to Subsection B, a permit shall be valid for one year from the date of issuance.
B.
Permit utilization. No permit issued hereunder shall
be valid unless utilization of the privileges granted thereby be commenced
within 180 days from and after the date of issuance of the permit,
or if after commencement, such activity is suspended or abandoned
at any time for a period of 180 days.
C.
Application and permit fees. Any application for a
well permit will be accompanied by a filing fee. This fee is nonrefundable.
Also, a separate permit fee shall be required before the permit will
be issued. The amounts of these fee shall be set by a resolution of
the Board of Supervisors.
D.
Annual renewal of permit. The Township Zoning Officer,
along with the Township Engineer or other Township representative,
shall inspect annually, and at such other times as the Township shall
deem necessary, each producing well, shut-in well and suspended or
idle well or any well deemed idle by this chapter for the purpose
of ascertaining whether the well is being operated or maintained within
the standards of this chapter. On the first day of September next
after the issuance of a permit for drilling, redrilling, reworking,
activating or converting; on the first of September each year thereafter
until the well has been abandoned, as provided in this article, an
annual renewal of the permit shall be obtained from the Township for
each and every well, including injection wells.
E.
Annual renewal of permit additional requirements.
(1)
Fencing. An annual renewal of the permit shall not
be approved for any well which is not enclosed by a fence which conforms
to the specifications herein set forth.
(2)
Landscaping. An annual renewal of the permit shall
not be issued for any well which has not been landscaped to conform
to the requirements of this chapter.
F.
New permit required for activation. No person shall
activate or put into production any oil or gas well that is an idle
well pursuant to this chapter, or any well whose drill site has been
cleaned and restored in accordance with this chapter, or any shut-in
well that does not have a currently valid drilling permit, unless
an activation permit has been first obtained pursuant to the provisions
of this chapter.
G.
Assignment of permit. Any permit issued pursuant to
this chapter shall not be assigned, conveyed, sold, pledged or transferred.
Any assignment, conveyance, sale, pledge or transfer of any permit
issued pursuant to this chapter shall be void ab initio and shall
void the permit.
H.
Persons liable for fees. Each of the persons whose
duty is to obtain any permit shall be declared and made to be jointly
and severally liable for the payment of the fees required to be paid.
I.
Violation of chapter. The Township shall consider any of the following a violation of this chapter (in accordance with Article II of this chapter):
(1)
A permittee has failed, neglected or refused to perform,
comply with and abide by any of the conditions of the permit.
(2)
That permittee has failed, neglected or refused to
comply with or abide by, or has in any way violated any of the provisions
of this chapter, or of any other ordinances of the Township, or any
other rule, order or regulation either directly or indirectly, by
reason of or in connection with or incidental to his conduct of oil
operations.
(3)
If any of the permittee's operations or the continuance
thereof upon the premises covered by there permit are a menace or
hazard to the public or private property, or to any interest of the
Township, or to the lives or safety of persons in the Township.
(4)
Any of the permittee's operations or the continuance
thereof upon the premises covered by the permit constitutes a public
nuisance.
(5)
If permittee shall have made any willful misrepresentation
of fact in any application for any such permit or in any report or
record required by this chapter to be filed or furnished by the permittee.
The following criteria shall be met before a
permit will be issued:
A.
Derricks.
(1)
All derricks and portable masts used for drilling,
redrilling, deepening or reworking shall meet the standards and specifications
of the American Petroleum Institute as they presently exist or may
be amended hereafter.
(2)
All drilling, redrilling, deepening or reworking equipment
shall be removed form the oil operation site within 30 days following
the completion of drilling, redrilling, deepening or reworking unless
otherwise permitted by the Commission or Township Board of Supervisors.
B.
Well setbacks. It shall be unlawful to drill any well,
the center of which at the surface of the ground is located:
(1)
Within 330 feet of the nearest outer boundary of the
lease unit or drilling unit or within 200 feet from the boundary of
any property which is not under lease by way of a surface or subsurface
lease agreement.
(2)
Within 25 feet from any oil storage tank, or source
of ignition.
(3)
Within 200 feet of any ultimate right-of-way of any
public street, road or highway or future street.
(4)
Within 500 feet of any building used as dwelling,
place of public assembly, institution or school unless written permission
is provided by the owner of the structure.
(5)
Within 200 feet of a stream, spring, body of water
or other natural watercourse, floodplain as defined in this chapter.
(6)
Within 200 feet of any private or public water well.
(7)
Within 300 feet of any nonresidential structure, unless
written permission is provided by the owner of the structure.
(8)
Within 100 feet of a cemetery.
C.
Additional safety regulations. Property owners, operators,
lessees, their agents, servants, contractees and employees and all
other persons drilling, fracturing, shooting or otherwise treating
under explosive or high pressure conditions, oil and gas wells or
engaged in the production of oil or gas, or both, shall at all times
observe and comply with the following conditions:
(1)
All electrical equipment used in and about the operation
of an oil or gas well shall be installed in accordance with accepted
trade practices and all applicable state and Township regulations.
(2)
In the event any tank is located within 500 feet of
a residence, or place of public assembly, a fire bank constructed
of earth of other suitable material shall be built and maintained
around said tank to contain excess oil in case of spillage, fire or
other emergency. The pit established shall have a minimum capacity
equal to 150% of the tank capacity.
(3)
A property lined slush pit shall be maintained to
collect the tank drainage or drawoff.
(4)
A flare, if any, shall be at least eight feet in height,
properly supported and shall be equipped with a windproof flare burner.
(5)
Where multiple tanks are used, they shall be connected
in tandem.
(6)
All tank manholes shall be completely closed, locked
and maintained in safe condition. All tanks shall be provided with
adequate emergency venting.
(7)
During drill-in fracturing processes and completion,
no person not authorized by the driller, operator or contractor shall
be allowed on the drill site.
(8)
Appropriate fencing as set forth herein below shall
be maintained at all times.
(9)
Well location shall be maintained in an orderly manner.
(10)
No vehicle shall load oil from a storage tank
while parking within a public highway right-of-way.
D.
Lights. No person shall permit or allow any lights
located on any oil operation site to be directed in such a manner
so that they shine directly on adjacent property or property in the
general vicinity of the oil operation site. Drilling derricks or towers
shall have aircraft warning lights which meet all applicable Federal
Aviation Administration regulations.
E.
Signs. A sign shall be prominently displayed and maintained
in good condition near or on the pumping unit or fence of each well,
whether producing or not. Such sign shall be of durable material and,
unless otherwise required by the Commission, shall have a surface
area of not less than two square feet nor more than four square feet
and shall be lettered with the following:
(1)
Well name and number.
(2)
Name of operator.
(3)
Telephone numbers of two persons responsible for said
well who may be contacted in case of an emergency. In the event the
drill site or leasehold is fenced it shall be sufficient if all entrances
to said drill site or leasehold are posted with a sign.
F.
"No smoking" signs. "No smoking" signs of a durable
material shall be posted and maintained in all locations approved
or designated by the chief of the fire department. Sign lettering
shall be four inches in height and shall be red on a white background
or white on a red background.
G.
Waste removal. Rotary mud, drill cuttings, brine,
oil or liquid hydrocarbons and all other oil field waste derived or
resulting from, or connected with the drilling, redrilling, deepening
or reworking of any well, shall be discharged into a portable steel
tank. Unless otherwise directed by the Bureau, waste materials shall
be removed from the operation site within 30 days from and after completion
of drilling. No waste shall be disposed of in Upper Frederick Township.
H.
Unlined slush, sump, sump pits or skim ponds prohibited.
No person shall own, operate, have possession of, be in control of,
or maintain any well site, former well site or property on which an
unlined slush, sump or sump pit or skim pond is located. The provisions
of this section shall not apply to portable sump tanks.
I.
Access driveways and drill sites. Prior to the commencement
of any drilling operations, all access driveways used for access to
the drill site and the drill site itself shall be surfaced with crushed
rock, gravel or ore, and shall be oiled and maintained to prevent
dust and mud. In particular cases, these requirements governing surfacing
of access driveways may be altered at the discretion of the Board
of Supervisors after consideration of all circumstances including,
but not limited to, the following, distances from public streets and
highways; distances from adjoining and nearby property owners whose
surface rights are not leased by the operator; the purpose for which
the property of such owners is or may be used; topographical features;
nature of the soil; and exposure to wind.
J.
Blowout prevention. In all cases, protection shall
be provided to prevent blowout during oil operations as required by
and in conformance with the requirements of the Bureau.
K.
Fences. Prior to the commencement of and during all
operations, all oil operation sites and individual drill sites shall
be completely enclosed by a chain link fence, masonry wall or other
approved fencing material according to one of the following requirements:
(1)
The fence fabric shall be at least six feet in height.
(2)
Support posts shall be set in concrete and shall be
embedded into the ground to a depth sufficient to maintain the stability
of the fence.
(3)
The chain link fabric shall be galvanized steel wire
with a minimum plating of 1.2 ounces of zinc per square foot of subsurface
area or shall be coated with vinyl or plastic material, approved by
the chief of the fire department.
(4)
The chain link fence fabric shall have a minimum thickness
of 11 gauge.
(5)
The chain link fence fabric shall be two-inch mesh;
provided, however, 3 1/2 inch mesh may be used on any fence where
the fabric is interwoven with artificial screening material approved
by the chief of the fire department.
(6)
Post and rails shall be standard galvanized, welded
pipe, schedule 40 or thicker; provided, however, that nongalvanized
drill pipe may be used if it exceeds schedule 40 in thickness.
(7)
All pipe and other ferrous parts, except chain link
fabric and drill pipe, shall be galvanized inside and outside with
platting which contains a minimum of 1.2 ounces of zinc per square
foot of surface area.
(8)
Tension rods shall be 3/8 inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six-inch
minimum take-up. Tension bars shall have a minimum thickness of 1/4
by 3/4 inch.
(9)
All fences shall have security extension arms at the
top of such fences and such security extension arms shall be strung
with galvanized barbed wire.
L.
Masonry wall specifications. All masonry walls used
to enclose in whole or in part any oil well site or oil operation
site shall be constructed in accordance with standard engineering
practices and shall meet the following specifications:
M.
Gate specifications. For oil operations and drill
sites, all chain link fences and masonry walls shall be equipped with
at least one gated area. The gated areas shall meet the following
specifications:
(1)
Each gated area shall be not less than 12 feet wide
and be composed of two gates, each of which is not less than six feet
wide, or one sliding gate not less than 12 feet wide. If two gates
are used, gates shall latch and lock in the center of the span.
(2)
The gates shall be of chain link construction which
meets the applicable specifications or of other approved material
which, for safety reasons, shall be at least as secure as chain link
fence.
(3)
They shall be provided with a combination catch and
locking attachment device for a padlock, and shall be kept locked
except when being used for access to the site.
(4)
Hinges shall be heavy duty malleable iron or steel
industrial service type with a 180° swing.
N.
Muffling exhaust. It shall be unlawful for any person,
owner or operator to discharge into the open air exhaust from any
internal combustion engine, used in connection with the drilling of
any well or for use on any production equipment unless it is equipped
with an exhaust muffler, or mufflers or an exhaust muffler box constructed
of noncombustible materials sufficient to suppress noise and prevent
the escape of obnoxious gases, fumes or ignited carbon or soot.
O.
Public nuisance declared. The foregoing sections notwithstanding,
no person shall conduct any oil operation in a manner that would create
an unreasonable noise, odor or vibration detrimental to the health,
safety or welfare of the surrounding neighborhood or any considerable
number of persons. Such operation is hereby declared to constitute
a public nuisance and is in violation of this chapter.
P.
Fire prevention-sources of ignition. All electrical
equipment used, installed or maintained within 50 feet of a drilling
rig, or within 25 feet of any other oil operation shall be installed
and maintained in accordance with all applicable state and Township
regulations.
Q.
Oil storage tanks. Unless otherwise directed by the
Bureau, all tanks used for the storage, production of oil or the disposal
of wastewater shall conform to the following:
(1)
API specifications. All tanks shall conform to American
Petroleum Institute (API) specifications unless other specifications
are approved by the chief of the fire department.
(2)
Dikes and capacity requirements. All persons owning,
operating or having control of storage tanks, clarifying tanks or
tanks used in connection with the production of oil shall construct
and maintain dikes around said tanks. Drainage dikes and walls shall
be constructed and maintained to meet the standards of the Bureau
and the National Fire Protection Association as they presently exist
and may hereafter be amended.
R.
Removal of portable pulling masts and gin poles. All
well servicing equipment, including portable pulling masts and gin
poles, shall be removed from the leasehold, oil operation site or
drill site within seven days after completion of a well servicing
operation.
S.
Storage of equipment.
(1)
No drilling, redrilling, reworking or other portable
equipment shall be stored on the oil operation site which is not essential
to the everyday operation of the oil well located thereon. This includes
the removal of idle equipment unnecessary for the operation of such
wells.
(2)
Lumber, pipes, tubing and casing shall not be left
on the oil operation site except when drilling or well servicing operations
are being conducted on the site.
(3)
It shall be illegal for any person, owner or operator
to park or store any vehicle or item of machinery on any street, right-of-way
or in any driveway, alley or upon any oil operation site which constitutes
a fire hazard or an obstruction to or interference with fighting or
controlling fires except that equipment which is necessary for the
maintenance of the oil well site or for gathering or transportation
of hydrocarbon substances from the site.
T.
Motive power for pumping and drilling. Electric motors
shall be used to drive all pumping and drilling units. Diesel generators
shall pour the electric motors. The use of line power from a utility
company may be considered by the Board of Supervisors.
U.
Surface casing.
(1)
All casing, tubing and equipment used in the drilling
and completion of a well should be in good condition and adequate
in strength for the depths to be drilled and the pressures that may
be encountered.
(2)
Lessee shall use a casing program which complies with
oil and gas statutes and rules and regulations of the Commonwealth
of Pennsylvania. (25 Pa. Code § 79.12 or as may hereafter
be amended) whether or not said rules and regulations would be deemed
applicable to the subject well, and which prevents the escape of oil,
gas or water out of one stratum into another, the pollution of fresh
water supplies and blowouts.
(3)
In addition to the above requirements the surface
casing shall extend from the surface to a depth at least 75 feet below
all fresh water zones known to exist in the field and adjacent area
to protect them form contamination.
(4)
The production casing shall be of new or reconditioned
seamless pipe of a grade and weight designed to withstand the greater
of the following pressures to which the casing is planned to be stressed:
(a)
The maximum anticipated rock pressure on any
point in the casing string shall not stress the casing in yield greater
than 75% of the API specified internal yield pressure of the pipe
at minimum yield as shown in API.
(b)
If the well is to be fractured, the casing shall
be designed so that the fracture pressure anticipated at any point
in the casing does not exceed the API specified internal yield pressure
of the casing at minimum yield as shown in API Bulletin 5-C-2 or later
amendments.
(5)
After cementing and before perforating or drilling
in the casing shall be tested by pump pressure at the well head to
a pressure 20% greater than the anticipated maximum pressure at the
well head. If at the end of 30 minutes, pressure show a drop of 50
pounds per square inch or more, the casing shall be repaired sufficiently
to withstand the pressure test described herein. After the corrective
operation, the casing shall again be tested in the same manner.
(6)
All surface casing and production casing shall be
cemented in the ground with good quality cement equaling or exceeding
API specification in the manner hereinafter described.
(7)
Cementing of all casing strings shall be accomplished
by pump and plug or another method approved by the Board of Supervisors.
(8)
An attempt shall be made to circulate the cement to
the surface in cementing the surface casing. In the event that the
cement cannot be circulated to the surface due to the presence of
fractures or other lost circulation zones, lessee shall determine
as accurately as possible the depth of the top of the cement in the
annular space behind the casing and record it on the well record.
(9)
In wells where cement has not been circulated to the
surface, there must be sufficient good quality cement in places in
the annular space behind the casing to tightly hold the casing in
place so that the escape of oil, gas or water from on stratum to another
or to the surface does not occur behind the casing. The well operator,
in such case, will make every reasonable effort and attempt to fill
the annular space by introducing cement from the surface or other
appropriate remedial action.
(10)
Cement shall be allowed to stand a minimum of
24 hours before drilling the plug or initiating tests.
A.
All oil wells and tanks, as defined in this article,
shall be screened by a fence enclosure constructed on one of the following
materials:
(1)
A solid masonry wall.
(2)
A chain link fabric with 3 1/2 inch mesh interwoven
with opaque slats.
(3)
Any other materials, compatible with surrounding uses,
which effectively screen the oil operations site and are approved
by the Board of Supervisors.
(4)
All fencing, masonry walls, opaque slatting or other
compatible materials, for use with chain link fabric, shall be of
a solid neutral color, compatible with surrounding uses, and maintained
in a neat, orderly and secure condition.
B.
Screening-drilling, redrilling, reworking, converting
and activation. Within 60 days of completion of drilling, redrilling,
reworking or converting or within 60 days of activation of any idle
well as defined in this chapter, such well shall be screened by a
fence enclosure which conform to the requirements of this chapter,
and regulations of the Commission.
C.
Landscaping. Within 60 days after completion of drilling
or redrilling or within 60 days after activation of any idle well,
any oil operation site, shall be landscaped in accordance with a plan
submitted to and approved by the Board of Supervisors.
A.
Abandonment procedure. Whenever abandonment occurs
pursuant to the requirements of the Bureau, or activity ceases at
the well site for a period of 180 days, the person so abandoning shall
be responsible for the restoration of the drill site and oil operation
site to its original condition as nearly as practicable in conformity
with the regulations of this chapter.
B.
Abandoned well requirement. The responsible party
shall furnish the Township with:
(1)
A copy of the approval of the Bureau, confirming compliance
with all abandonment procedures under all applicable State Acts or
regulations.
(2)
A notice of intention to abandon under the provisions
of this section and stating the date such work will be commenced.
Abandonment may then be commenced on or subsequent to the date so
stated.
C.
Abandoned well-surface requirements. Abandonment shall
be approved by the Township after restoration of the drill site and
the subsurface thereof has been accomplished in conformity with the
following:
(1)
The derrick and all appurtenant equipment thereto
shall be removed from the drill site.
(2)
All tanks, towers and other surface installations
shall be removed from the drill site.
(3)
All concrete, piping, wood and other foreign materials,
regardless of depth, except surface casing, shall be removed from
the drill site, unless otherwise directed by the Bureau.
(4)
All holes and depressions shall be filled with clean,
compatible soil. All oil, waste oil, refuse or waste material shall
be removed from the drill site.
D.
Abandonment requirements prior to new construction.
All abandoned and deserted wells or drill sites shall meet the most
current abandonment requirements of the Bureau whether or not the
Bureau would have jurisdiction over the well site, prior to the issuance
of any building or grading permit for development of the property.
The maximum extent practicable, new structures shall not be constructed
directly over abandoned wells.
Whenever the Township Zoning Officer determines that a public nuisance, as described in this article, exits on any property or in connection with any well, drill site or lease, he shall give notice to the property owner, the lessee of surface or mineral rights, the oil operator and the occupants of any such property to abate such nuisance, according to Article II of this chapter.
A.
Cleanup after well servicing. After completion of
well servicing or abandonment operations, the registered operator
of the well site shall clean the drill site area and repair all damage
to public and private property caused by such surfacing or abandonment
operations.
B.
Cleanup after spills, leaks and malfunctions. After
any spill, leak or malfunction, the responsible party shall remove
or cause to be removed to the satisfaction of the Township Engineer
and/or chief of the fire department all oil and waste materials from
any public or private property affected by such spill, leak or malfunction.
C.
Releasing of fluids. No person shall deposit, place,
discharge or caused or permit to be placed, deposited or discharge
any oil, naptha, petroleum, asphaltum, tar, hydrocarbon substances
or any refuse including wastewater and brine from any oil operation
or the contents of any container used in connection with an oil operation
in, into, or upon a public right-of-way, a storm drain, ditch or sewer;
a sanitary drain or sewer; any body of water; or any private property
in the Township.
D.
Freedom from debris. All property on which an oil
well site is located shall at all times be kept free of: (a) debris;
(b) pools of oil, water or other liquids; (c) weeds; (d) brush; (e)
trash, or other waste material.
E.
Painting. All production equipment on the oil operation
site shall be painted and maintained at all times, including pumping
units, storage tanks, and buildings or structures. When requiring
painting of such facilities, the Township Zoning Officer shall consider
the deterioration of the quality of the material of which such facility
or structure is constructed, the degree of rust, and its appearance.
Paint shall be of a neutral color, compatible with surrounding uses.
F.
Gas emission or burning prohibited. No person shall
allow or cause or permit gases to be vented into the atmosphere or
to be burned by open flame except as provided by law or as permitted
by the Bureau. If he venting of gases into the atmosphere or the burning
of gases by open flame is authorized as provided by law or as permitted
by the Bureau then such vent or open flame shall be located not closer
than 300 feet to any building not necessary to oil operations.
The Township may from time to time employ a
technical advisor or advisors who are experienced or educated in the
oil and gas industry. The function of such advisor shall be to advise
the Township on matters relating to oil operations within the Township
and the effect, both present and future, on the health, welfare, comfort
and safety of the citizens of the Township. In the event such technical
advisor is employed for the purpose of advising the Township relative
to an operator's particular set of circumstances, case or request,
any of which are not covered by this chapter or rules or regulations
of the Commission, then the cost for such services of such technical
advisor shall be assessed against and paid for by such operator in
addition to any fees or charges assessed pursuant to this chapter.
In the event that the Township, pursuant to
provisions of this chapter, must, for any reason, bring legal action
against the operator of any oil or gas operations site, then the cost
for such legal services shall be assessed against and paid for by
such operator in addition to any fees or charges assessed pursuant
to this chapter.
Any violation of the laws of this Commonwealth
of Pennsylvania or any rules, regulations or requirements of any state,
federal government or federal regulatory body having jurisdiction
in reference to drilling, completing, equipping, operating, producing,
maintaining or abandoning an oil or gas well or related appurtenances,
equipment or facilities, or in reference to firewalls, fire protection,
blowout protection, safety protection or convenience of persons or
property, shall also be a violation of this chapter and shall be punishable
in accordance with the provisions hereof.
By acceptance of any permit authorized to be
issued pursuant to this chapter, any operator or permittee expressly
stipulates and agrees to be bound by this chapter and to comply herewith
and that by reference, the terms of this chapter shall be deemed to
be incorporated in any permit issued pursuant to this chapter with
the same force and effect as if this chapter was set forth verbatim
in such permit.
A.
Nothing herein contained shall operate to impose any
liability on the Supervisors of Upper Frederick Township or said Township
for damages which may result to any person, firm or corporation from
the drilling of any well, or the hydrofracturing or shooting of any
well for which permit is issued pursuant to this chapter.
B.
Any person, firm or corporation who or which shall
drill, hydrofracture or treat any well under and by virtue of a permit
herein provided for shall do so at his or its own peril, and shall
be liable, if at all, to any party damaged thereby, without recourse
to the Township of Upper Frederick or its Board of Supervisors.
