Section 23-600 PENALTIES

Section 23-601 Penalties for violations of this Article shall be governed as listed in the Township Fine & Penalty Schedule.

Section 23-700 DEFINITIONS

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning:

Applicant. Any person who applies for a Special Approval under this Article.

Application Fee. The fee set by resolution of the Township Board for the Special Approval application. Such fees shall be used for processing the Special Approval application and are non-refundable.

Brine. All non-potable water resulting, obtained, or produced from the exploration, drilling, or production of oil, gas, or other hydrocarbon substances.

Building. Any structure used or intended for supporting or sheltering any use or occupancy. The term "building" shall be construed as if followed by the words "or portions thereof."

Deleterious substance. Any chemical, saltwater, oil field brine, waste oil, waste emulsified oil, basic sediment, mud or hazardous substance produced or used in the drilling, development, production, transportation, refining and processing of oil, gas or other hydrocarbon substances.

Environmental Impact Assessment. A document that is a detailed review of impacts on the environment by a proposed surface facility, surface facility equipment, pipeline or flow line.

Environmentally Sensitive Areas or Sensitive Area. Those areas identified by the Michigan Department of Environmental Quality, through part 615 of NREPA, MCL 324.20101; MSA 13 pursuant to applicable state and federal laws and regulations plus any other areas designated as such by the Township.

Fence. A structure which is designed to deter access.

Flow Line. A structure composed of pipes, fittings, and valves for the purpose of transmitting oil, gas, other hydrocarbon substances, or brine, or any mixture thereof, from a wellhead to the processing equipment.

Ground water. Water below the land surface in the zone of saturation.

Hazardous Substance. Hazardous substance as defined by Part 201 of NREPA, MCL 324.20101; MSA

13A.20101.

Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

MDEQ. The Michigan Department of Environmental Quality or any subdivision thereof.
MDNR. The Michigan Department of Natural Resources or any subdivision thereof.
Motor vehicle. Any automobile, truck, truck tractor, trailer or semi trailer or any motor bus or any self-propelled vehicle not operated or driven upon fixed rails or tracks.

Nuisance Dust. Any dust from a surface facility, surface facility equipment, pipeline, or flow line that causes injurious effects to human health or safety or to animal life or plant life of significant value, or the unreasonable interference with the comfortable enjoyment of life or property.

Nuisance Noise. Any noise from a surface facility, surface facility equipment, pipeline, or flow line that causes injurious effects to human health or safety or the unreasonable interference with the comfortable enjoyment of life or property.
Nuisance Odor. An emission of any gas, vapor, fume or mist, or combination thereof from a surface facility, surface facility equipment, pipeline, or flow line, in whatever quantities that causes, either alone or in reaction with other air contaminants, injurious effects to animal life, plant life of significant value, or property, or causes unreasonable interference with the comfortable enjoyment of life or property.

Nuisance Vibration. Any vibration from a surface facility, surface facility equipment, pipeline, or flow line that causes injurious effects to human health or safety or the unreasonable interference with the comfortable enjoyment of life or property.

Operating Fee. The annual fee required under this Article for persons acting under the authority of a Special Approval granted under this Article.

Operator. Any person who is subject to the requirements of this Article or the Supervisor of Wells with respect to any well bore or surface facility, surface facility equipment, pipeline, or flow line located within the limits of the Township, and any person who operates any well or surface facilities on a contractual basis for any such person.

Person. Any person, firm, partnership, association, corporation, trust, cooperative, or other type of organization.

Pipeline. A tube or system of tubes used for the transportation of oil, gas, or other hydrocarbon substances, but excluding any pipeline that falls under the exclusive jurisdiction of the Michigan Public Service Commission. Pipelines may include flow lines that do not fall within the exclusive jurisdiction of the Michigan Public Service Commission.

Planning Commission. Forest Home Township Planning Commission.

Pollution. The contamination or other alteration of the physical, chemical, or biological properties of the environment of the Township, or such discharge of any liquid. gaseous or solid substance into the environment of the Township as will or is likely to create a nuisance or render any elements of the environment, such as the air, water, or soils, harmful or detrimental or injurious to public health, safety, or welfare, to domestic, commercial, industrial, agricultural, recreational, or other beneficial uses, or to livestock, animals or aquatic life.

Processing Facility A facility that engages in processing.

Processing. Any systematic series of actions designed to remove elements or compounds. including hydrocarbon and non-hydrocarbon compounds, from gas. Processing includes. but is not limited to, pressurization, separation, heating, cooling, dehydration, or compression.

Public building. All buildings used or designed and intended to be used for gathering together twenty (20) or more persons for such purposes as deliberation, entertainment, amusement, health care, or awaiting transportation.

State. The State of Michigan, its branches, departments, agencies, boards or the officers thereof.

Structure. That which is built or constructed. The term "structure" shall be construed as if followed by the words "or portion thereof."

Supervisor of Wells. The Director of the Michigan Department of Environmental Quality or his or her delegated assistants.

Surface Facility. Facilities used in the processing, or treatment of oil gas, or both, or any other hydrocarbon substances, including, but not limited to, pumping equipment, fluid disposal equipment, load outs, separators, storage tanks, treatment equipment, processing facilities, utilities, and sweetening facilities, but specifically excluding pipelines and flow lines.

Surface Facility Equipment. Any above-ground equipment or apparatuses utilized by or in connection with a surface facility.

Surface Water. Any body of water and the associated sediments which has a top surface that is exposed to the atmosphere and which is not solely for wastewater conveyance, treatment, or control. Surface water may be any of the following: any Great Lake or its connecting waters and any inland lake or pond regardless of size, a river or stream, including intermittent streams.

Sweetening Facility. A facility used to remove hydrogen sulfide from produced gas.
Township. Forest Home Township.

Township Board. Forest Home Township Board.

Treatable water or fresh water. Surface and subsurface water in its natural state which may or may not require treatment to be useful for human consumption, and contains less than 10,000 ppm total dissolved solids and/or 250 ppm chlorides.

Water or waters of the Township. All streams, lakes, ponds, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon the Township or any portion thereof.

Well. Unless specifically qualified, any hole or holes, bore or bores, of any depth for the purpose of producing and recovering any oil, gas, or other hydrocarbons whether in a solid, liquid, or gaseous state, or for the injection or disposal of any of the foregoing, but in no event shall the term "well" have any meaning greater than that subject to regulation by the Supervisor of Wells.

Zoning Administrator. The Zoning Administrator for Forest Home Township.

All technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.