Section 23-500 SPECIAL APPROVAL: MAINTENANCE Section 23-501 Notification of Commencement

1. At least thirty (30) days prior to the actual commencement of any operations at the surface facility, surface facility equipment, pipeline, or flow line, the person acting under the authority of the Special Approval shall notify the Zoning Administrator in writing of the proposed date for commencement of such operations.

2. During all drilling and production activities for the particular surface facility, surface facility equipment, pipeline, or flow line, all motor vehicles used by any person to travel to and from the surface facility, surface facility equipment, pipeline. or flow line site shall be restricted to the highways and access routes approved by the Planning Commission as appropriate routes to and from the surface facility, surface facility equipment, pipeline, or flow line site.

Section 23-502 Annual Fee to Operate - An annual operating fee shall be levied upon each permitted surface facility, surface facility equipment, pipeline, or flow line operated or maintained within the Township. The amount of such fee shall be as established by resolution of the Township Board. The fee shall be payable to the Township on or before the annual anniversary date of the issuance of any Special Approval under the provisions of this Article. A Special Approval for any surface facility, surface facility equipment, pipeline, or flow line shall be considered invalid for any year for which the annual operating fee has not been paid.

Section 23-503 Annual Submission of Information to Zoning Administrator Required - Effective May 1, 1999, and each year thereafter on or before May 1, every owner or operator of a surface facility, surface facility equipment, pipeline, or flow line permitted under this Article within the Township shall provide the Zoning Administrator with the following information:

1. A list of personnel to be contacted in case of an emergency at the surface acility, surface facility equipment, pipeline, or flow line. This list shall contain all information reasonably requested by the Township, including but not limited to the following:

a. The names) of such person or persons;

b. The job description(s) of such person or persons; and

c. The residence, office and mobile telephone numbers of such person or persons.

2. A list of all surface facilities, surface facility equipment, pipelines, or flow lines owned or operated within the Township by that owner or operator, except surface facilities, surface facility equipment, pipelines, or flow lines which have been abandoned in compliance with the law. The list shall contain all information reasonably requested by the Township, including but not limited to the following:

a. The lease name and well number of each surface facility, surface facility equipment, pipeline, or flow line;

b. The legal description (1/4 Section, T.R.) on which each surface facility,

surface facility equipment, pipeline, or flow line is located; and

c. The status and use of each surface facility, surface facility equipment, pipeline, or flow line.

Section 23-504 Complaints - If and when complaints are received by the person acting under the authority of the Special Approval or by Township personnel from neighboring residents and property owners, these complaints shall be investigated by the person acting under the authority of the Special Approval and a written report detailing the complaint, the investigation, the date of the occurrence that gave rise to the complaint, and the conclusions shall be submitted to complainant and the Township. In instances where the Township receives a complaint, it shall notify the person acting under the authority of the Special Approval within seven (7) days of receipt of the complaint.

Section 23-505 Continuous Compliance - Each person acting under the authority of the Special Approval shall continue to comply with the requirements and standards set forth in this Article.

Section 23-506 Leak or Spill/Notification/Testing - In the event of any leakage, spillage, or release of any deleterious substance on or at the site of the surface facility, surface facility equipment, pipeline, or flow line , whatever the cause thereof. the person acting under the authority of the Special Approval shall promptly notify the Zoning Administrator and the MDEQ. If, in the judgment of the Zoning Administrator, such leakage, spillage, or release represents a potential environmental hazard, he or she may require the appropriate testing of the surface and subsurface for hazardous substances. The cost of all such testing shall be paid by the person acting under the authority of the Special Approval.

Section 23-507 Burning of Gas - All gas produced in the operation or testing of surface facilities, surface facility equipment, pipelines, or flow lines which is not utilized shall be burned, processed, or disposed of in a manner consistent with the rules of the Supervisor of Wells and all applicable state and federal laws and regulations. The gas shall not be burned closer than one hundred feet (100') from a surface facility, surface facility equipment, pipeline, flow line or storage tank, and no closer than two hundred sixty feet (260') from structures used for public or private occupancy or from any other flammable and combustible material.

Section 23-508 Flaring of Gas - All produced gas shall either be sold or flared consistent with the flaring procedures approved by the Supervisor of Wells and/or the Fire Marshal.

Section 23-509 Burning of Trash Prohibited No person acting under the authority of the Special Approval or any other person shall burn any trash or debris within two hundred sixty feet (260') of any surface facility location or equipment.

Section 23-510 Signs for Facilities and Equipment - All surface facilities shall have a sign no less

than two (2) square feet in size and no more than three (3) square feet in size identifying person acting under, the authority of the Special Approval by name, address, and telephone number. All permitted surface facility equipment shall be painted and maintained in a good state of appearance and shall have posted in a prominent place a metal sign no less than two square feet in area and no more than three (3) square feet which shall contain the following information: the name of the person acting under the authority of the Special Approval, location name, location of drill site by reference to the United States Survey, identifying numbers of all state and local permits.

Section 23-511 Ingress and Egress - Lease and access roads shall be maintained in such manner as to safely allow for ingress and egress of township or state personnel traveling in a common passenger motor vehicle. At the time of abandonment of the site on which the surface facility, surface facility equipment, pipeline or flow line is located, the lease and access roads to the site shall be restored as near as reasonably possible to its natural state, except by written agreement with the surface owner to leave the surface in some other condition. If the, road area is restored but the vegetative cover is destroyed or significantly damaged, a bona fide effort shall be made to restore or reestablish the vegetative cover within 180 days after abandonment of the property. For the purpose of this Article. abandonment shall occur upon the completion of the restoration activities at the site specified by this Article.

Section 23-512 Oil, Brine or Storage - Oil, brine or associated oil or gas field waste shall not be stored or retained in earthen reservoirs or open receptacles, but shall be stored or retained as provided by the Supervisor of Wells or the rules and regulations of the Department of Environmental Quality.

Section 23-513 Depositing Oil Products - No person shall deposit, drain or divert into or upon any public highway, street, alley, drainage ditch, storm drain, sewer, gutter, pavement, creek, river, lake or lagoon, any oil or oily liquid with petroleum content, or any mud, rotary mud, sand, water or saltwater, or in any manner permit, by seepage, overflow or otherwise, any of such substances to escape from any property owned, leased or controlled by such person and flow or be carried into or upon any public highway, street, alley, drainage ditch, storm drain, sewer, gutter, pavement, creek, river, lake or lagoon within the Township.

Section 23-514 Pipelines

1. If it becomes necessary to change or remove any pipeline regulated under Section 23-307 1., the entire expense of change or removal shall be borne by the owner or operator of the pipeline upon the approval of the County Road Commission or the Township, whichever has jurisdiction. The removal or change shall be made within five days after notice is served by the Township.

2. Each owner or operator of a gas pipeline regulated under Section 23-307 1. shall have it tested at least once every year for the purpose of determining whether it is in safe condition and free from leaks, breaks or open spaces, and make a report of

the test supported by an affidavit by the person making the test to the Zoning Administrator. The test may be by the stench method, electrical detection method. or any other method other than a pressure method approved by the Township or its designee. Testing periods shall end on September 15 and March
15 of each year. No person shall continue the operation of any pipeline after the termination of any testing period provided herein without having it tested and making the required report.

3. If a pipeline regulated under this Article. becomes unsafe or is not maintained as provided in this Article or if any of the contents escape. the person in control of the line shall immediately discontinue its use and shut off all its contents until the line is repaired.

Section 23-515 Forms Filed with Supervisor of Wells to Be Filed with the Township - Copies of all applications, notices, forms, records, logs and all similar documents filed by the person operating under the authority of the Special Approval with the Supervisor of Wells shall also be filed with the Township within one week of filing with the Supervisor of Wells: except that this requirement shall not apply to confidential information submitted to the Supervisor of Wells as provided by the laws of this State.

Section 23-516 Submission of Land Reclamation Plan - Any person acting under the authority of the Special Approval who wishes to discontinue use of a surface facility, surface facility equipment, pipeline, or flow line, shall submit to the Township sixty (60) days before discontinuance, a land reclamation plan which shall include all of the following information: '

1. Plans for disassembly, removal, or disposition of the surface facility, surface facility equipment, pipeline, or flow line.

2. Plans for replacement of topsoil and restoration of the property or the project site.

3. Plans for restoration of all lease and access roads to original condition unless an agreement is reached with the County Road Commission, the person desiring to discontinue the use, and the affected landowners, for other disposition.

4. Plans for identification, disposal, or treatment of all hazardous or toxic materials, including contaminated soil.

5. Any and all plans submitted to the Supervisor of Wells for the restoration of the site and leveling of the berms.

For the purposes of this Article, discontinuance shall mean the cessation of activities contemplated by the Special Approval.

Section 23-517 Appeals - Any person acting under the authority of a Special Approval that is

aggrieved by any order, directive or ruling issued by the Township shall have such right of appeal as provided by law to the circuit court. The filing of such appeal shall not stay the enforcement of any of the provisions of this Article.