The exploration, development and production of gas in the city
are activities which necessitate reasonable regulation to ensure that
all property owners, mineral and otherwise, have the right to enjoy
their property and its benefits and revenues. It is hereby declared
to be the purpose of this article to establish reasonable and uniform
limitations, safeguards and regulations for operations related to
the exploring, drilling, developing, producing, transporting and storing
of gas and other substances produced in association with gas within
the city to protect the health, safety and general welfare of the
public, minimize the potential impact to property and mineral rights
owners, protect the quality of the environment and encourage the orderly
production of available mineral, and gas resources.
(Ordinance O-18-08 adopted 6/16/08)
All technical industry words or phrases related to the drilling
and production of gas wells not specifically defined in this article
shall have the meanings customarily attributable thereto by prudent
and reasonable gas industry operators. The following words, terms
and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
Means “abandonment” as defined by the state railroad
commission and includes the plugging of the well and the restoration
of any well site as required by this article and applicable state
law.
A permanent surface that as a minimum is a base course constructed
such that it meets the requirements of the International Fire Code,
as adopted and as may be amended, be at least twenty feet (20') wide,
have an overhead clearance of fourteen feet (14'), drains appropriately,
remains water resistant, is free of litter, debris, weeds, grass or
other objectionable materials or objects and is visibly dust free.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
A mound of soil, either natural or manmade, used to obstruct
a view. The side slope shall not exceed a three-foot (3') horizontal
and a one-foot (1') vertical slope.
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, which can be
closed around the drill pipe, or other tubular goods which completely
close the top of the casing and are designed for preventing blowouts.
Any primary 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.”
An electrochemical corrosion control technique accomplished
by applying a direct current to the structure that causes the structure
potential to change from the corrosion potential to a protective potential
in the immunity region. The required cathodic protection current is
supplied by sacrificial anode materials or by an impressed current
system.
The City of Glenn Heights, Dallas and Ellis County, Texas.
The city attorney of the City of Glenn Heights, Texas.
The Code of Ordinances of the City of Glenn Heights, Texas,
as adopted and as may be amended.
The governing body of elected officials for the City of Glenn
Heights, Texas.
The city manager of the City of Glenn Heights, Texas.
A series of tanks including filters, separators and shakers
on the discharge side of the drilling process that contains byproducts
of drilling such as cuttings and earthen materials. The means to contain
the byproducts and recycle usable materials for reuse in the drilling
process.
The state railroad commission.
The community development department of the City of Glenn
Heights, Texas.
The date the work is completed for the drilling, re-drilling
or re-working of a well and the crew is released by completing its
work or contract or by its employer. Once all phases have been completed
and natural gas is put into the pipeline.
A calendar day.
Any portable framework, tower, mast and/or structure which
is required or used in connection with drilling or re-working a well
for the production of gas.
An internal staff review committee that includes, but is
not limited to, representatives of the community development department,
inspections, municipal services, fire, police, parks and recreation,
neighborhood services, economic development, and the gas inspector.
Digging or boring a new well for the purpose of exploring
for, developing or producing gas 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, [and] every piece of apparatus, machinery or equipment
used or erected or maintained for use in connection with drilling.
The immediate area used during the drilling, re-drilling
or re-working of a well.
A plan put in place to deal with emergency situations that
may occur at the site during all stages of the drilling and production
process.
Geologic or geophysical activities, including seismic surveys,
related to the search for gas or other subsurface hydrocarbons.
For purposes herein shall mean administratively complete
and all technical requirements have been met for purposes of review
by the appropriate authority as stated herein, including the payment
of all required fees.
The fire chief of the City of Glenn Heights, Texas.
The fire department of the City of Glenn Heights, Texas.
The burning of unwanted gas through a pipe (also called a
flare). Flaring is a means of disposal used when there is no way to
transport the gas to market and the operator cannot use the gas for
a another purpose.
To include work over and means necessary to expel water from
the drilling hole in order to facilitate the production of gas.
A manmade water storage tank designed using earthen berms
to contain approximately 4 million gallons of water. These can be
from existing ponds or other water storage tanks. Manmade tanks shall
be lined with plastic with an appropriate mil spec rating.
The injecting of a fluid into a well to cause pressure that “cracks”
or opens up fractures already present in the formation.
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions
and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
An individual designated by the city manager or any other
person or entity so designated as an inspector by the city manager.
The gas inspector shall report to the office of the fire marshal.
Any well drilled, to be drilled, or used for the intended
or actual production of natural gas.
The electrical service generated on-site servicing the drilling
rig and all associated equipment including personal living quarters.
The means to ground all power and equipment on the drilling
site to prevent electrical discharges and lighting protection.
A “hazardous substance” as that term is defined
in the Comprehensive Environmental Response, Compensation and Liability
Act of 1988, as enacted and a may be amended.
The municipal services department of the City of Glenn Heights,
Texas.
The area used for development and production and all operational
activities associated with gas after drilling activities are complete.
For each well, the person listed on the commission’s
Form W-1 or Form P-4 for a gas well that is, or will be actually in
charge and in control of drilling, maintaining, funding, operating,
pumping or controlling any well, including, without limitation, a
unit operator; provided, however, any such person, whether listed
on the commission’s W-l Form or Form P-4 that provides funding,
drilling or operation of the well, at any time, shall be identified
and considered an operator for all purposes under this article. If
the operator, as herein defined, is not the lessee under a gas lease
of any premises affected by the provisions of this article, then such
lessee shall also be deemed to be an operator. In the event that there
is no gas lease relating to any premises affected by this article,
the owner of the fee mineral estate in the premises shall be deemed
an operator.
Any written license granted by the city for the exploration,
development, and production of gas wells issued pursuant to rules
and regulations of this article, including but not limited to a special
use permit and/or specific use permit, as defined herein.
Means both the singular and the plural and means a natural
person, a corporation, association, guardian, partnership, receiver,
trustee, administrator, executor, and fiduciary or representative
of any kind.
The planning and zoning commission of the City of Glenn Heights,
Texas.
The period between completion of drilling and the abandonment
of the well, after the fracturing and flow-back operations have been
completed and natural gas has been run through a series of separators
and tank batteries to metering devices and into the pipeline.
All buildings used or designed to and intended to be used
for the purpose of assembly of persons for such purposes as deliberation,
entertainment, amusement, or health care. Public buildings include,
but shall not be limited to, theaters, assembly halls, auditoriums,
armories, mortuary chapels, dance halls, exhibition halls, museums,
gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants,
and hospitals.
Any land area dedicated to and/or maintained by the city
for traditional park-like recreational purposes, but shall not include
privately owned amusement parks or privately owned golf courses or
HOA community parks.
Re-completion of an existing well by deepening or sidetrack
operations extending more than one hundred fifty feet (150') from
the existing well bore.
Any building in which persons regularly assemble for religious
worship and activities intended primarily for purposes connected with
such worship or for propagating a particular form of religious belief.
A house, duplex, apartment, townhouse, condominium, HUD-code
manufactured home or other building designed for dwelling purposes,
including those for which a building permit has been issued on the
date the application for a gas well permit is filed and accepted by
the community development department.
Re-completion or re-entry of an existing well within the
existing bore hole or by deepening or sidetrack operations which do
not extend more than one hundred fifty feet (150') from the existing
well bore, or replacement of well liners or casings.
The day drilling has been completed and the rig is disassembled
and all equipment prepared from movement from the pad site.
The process of setting up equipment and the drilling rig
in order to start the drilling process.
Any area of land within the city that is acquired by, dedicated
to, or claimed by the city in fee simple, by easement, by prescriptive
right or other interest and that is expressly or impliedly accepted
or used in fact or by operation of law as public roadway, sidewalk,
alley, utility, drainage, or public access easement or used for the
provision of governmental services or functions. The term includes
the area on, below, and above the surface of the public right-of-way.
The term applies regardless of whether the public right-of-way is
paved or unpaved.
A written agreement obligating the operator to repair damage,
excluding ordinary wear and tear, if any, including but not limited
to, public streets, sidewalks, pathways, trails, and bridges, caused
by the operator or its employees, agents, contractors, subcontractors,
or representatives in the performance of drilling or production of
gas wells authorized by the city.
Any public or private, primary and secondary educational
facilities providing education up through and including the twelfth
grade level and any licensed day care centers, meaning a facility
licensed by the state or by the city that provides care, training,
education, custody, treatment or supervision for more than six (6)
children under fourteen (14) years of age, and for less than twenty-four
(24) hours per day.
A permit issued from the office of the fire marshal for specific
uses such as perforating operations, wire line logging and welding.
The use permit recommended by the planning and zoning commission,
and approved by council, subject to situational suitability as provided
by the city’s zoning ordinance, as approved and as it may be
amended.
Any street, highway, sidewalk, alley, avenue, recessed parking
area or other public right-of-way, including the entire right-of-way.
A container, covered or uncovered, used in connection with
the drilling or production of gas or other hydrocarbons for holding
or storing fluids.
Such person(s) familiar with and educated in the gas industry or the law as it relates to gas matters who may be retained from time to time by the city, as provided in section 4.09.018 of this article.
The thoroughfare plan approved by the city.
Any single hole or bore to any horizon, formation, or strata,
for the purpose of producing gas, liquid hydrocarbons, brine water
or sulphur water, or for use as an injection well for secondary recovery,
disposal or production of gas, or other hydrocarbons from the earth.
For each separate new hole a gas well permit is required.
The use of radioactive isotopes which are used when measuring
formations within the immediate vicinity of the drilling hole.
(Ordinance O-18-08 adopted 6/16/08)
(a)
The
city council shall retain the services of a gas inspector who shall
enforce the provisions of this article. The gas inspector may have
a degree in petroleum engineering with a background in drilling and
production or demonstrate a proven background in the drilling, production,
and operation of gas wells; provided, however, said gas inspector
shall possess all required state law certifications and licenses.
The gas inspector and other city officials shall have the authority
to issue any orders or directives required to carry out the intent
and purpose of this article and its particular provisions. Failure
of any person to comply with any such order or directive shall constitute
a violation of this article. The gas inspector shall report to the
office of the fire marshal.
(b)
The
gas inspector shall have the authority to enter and inspect any premises
covered by the provisions of this article to determine compliance
with the provisions of this article and all applicable laws, rules,
regulations, standards or directives of the city or state. Failure
of any person to permit access to the gas inspector shall constitute
a violation of this article.
(c)
The
gas inspector shall have the authority to request and receive any
records, including any records sent to the commission, logs, reports
and the like, relating to the status or condition of any permitted
well necessary to establish and determine compliance with the applicable
permit. Failure of any person to provide any such requested material
shall be deemed a violation of this article.
(d)
The
gas inspector shall conduct periodic inspections at least once a year
of all permitted wells in the city to determine that the wells are
operating in accordance with proper safety regulations as set out
in this article and in regulations of the commission.
(e)
The
gas inspector and other city officials authorized to enforce the provisions
of this article or other ordinances and codes adopted by the city
council shall have the authority to issue any orders, citations, notices
of violation or directives required to carry [out] the intent and
purpose of this article and its provisions.
(f)
The
gas inspector shall ensure that the drilling site meets all site plan
conditions as approved in the drilling permit. The gas inspector shall
have the authority to recommend changes to any site plan in order
to preserve and protect the health, safety and welfare of the citizens
of the city, including but not limited to public infrastructures,
such as roads and utilities.
(Ordinance O-18-08 adopted 6/16/08)
Every operator of any well shall designate an agent, who is
a resident of the state, upon whom all orders and notices provided
in this article may be served in person or by registered or certified
mail. Every operator designating such agent shall within ten (10)
days notify the city manager or the city manager’s designee,
in writing, of any change in such agent or such mailing address unless
operations within the city are discontinued. Failure to do so shall
be deemed a violation of this article.
(Ordinance O-18-08 adopted 6/16/08)
A permit shall be required for seismic surveys. No seismic survey
permit shall be granted unless the applicant shows proof of lease
of mineral property within 200 feet of the right-of-way on which the
survey is to be conducted. All seismic survey permit applications
shall be submitted to the city manager or the city manager’s
designee for approval. The seismic survey shall not begin prior to
the issuance of a seismic survey permit from the city. Failure to
obtain a permit consistent with this section, or commencing work without
a permit, shall be deemed a violation of this article. A permit shall
include, but is not limited to, the following information:
(1)
Operator/applicant
name, phone number, fax number, physical address, and, if possible,
e-mail address; if the operator is a corporation, the state of the
incorporation, and if the operator is a partnership, the names and
addresses of the general partners shall be provided.
(2)
Detailed
mapping of location and extent of seismic survey.
(3)
Date
and time the seismic survey will be conducted and completed.
(4)
Detailed
explanation of the seismic survey method to be used on-site.
(5)
If
the seismic survey is conducted in any city right-of-way then the
operator must reimburse all costs to the city for any damages associated
with the seismic survey.
(6)
The
permit fee for a seismic survey on city property shall be set by the
city council on a case-by-case basis, calculated based upon a minimum
$0.25 per linear foot, plus the costs of barricade rental and personnel
required to direct and divert traffic if city forces and materials
are used.
(7)
An
operator must submit a traffic safety and management plan with the
application for a specific use permit with all seismic surveys that
are conducted within the right-of-way.
(8)
Under
no circumstances may explosive charges, including, but not limited
to, the use of dynamite, be used in any way related to the preparation
and/or operation of conducting a seismic survey.
(Ordinance O-18-08 adopted 6/16/08)
(a)
A
person wanting to engage in and/or operate gas production activities
shall apply for and obtain a gas well permit under this article and
shall indicate what type of well permit is requested. It shall be
unlawful for any person acting either for himself or acting as an
agent, employee, independent contractor, or servant for any person
to drill any well, assist in any way in the site preparation, re-working,
fracturing or operation of any such well or to conduct any activity
related to the production of gas without first obtaining a gas well
permit issued by the city in accordance with this article. Such activities
include, but are not limited to, reworking, initial site preparation,
drilling, operation, construction of rigs or tank batteries, fracturing
and pressurizing.
(b)
The
operator must apply for and obtain a gas well permit for the drilling
of each well. The operator shall neither apply nor obtain a “blanket”
permit for more than one (1) well if multiple wells are located on
the same tract of land. Each new well established at the ground surface
will be considered and require a new gas well permit.
(c)
An
existing gas well permit shall not constitute authority for the re-entering
and drilling of an abandoned well. An operator shall obtain a new
well permit in accordance with the provisions of this article if the
operator is re-entering and drilling an abandoned well.
(d)
When
a gas well permit has been issued to the operator for the drilling,
reentering, activating or converting of a well, such gas well permit
shall constitute sufficient authority for drilling, operation, production
gathering or production maintenance, repair, re-working, testing,
plugging and abandonment of the well and/or any other activity associated
with mineral exploration at the site of such well. An amended gas
well permit shall be obtained before such well may be modified for
purposes of re-drilling, deepening or converting such well to a depth
or use other than that set forth in the then-current permit for such
well.
(e)
Any person who intends to re-work a permitted well using a drilling rig to fracture stimulate (fracturing) a permitted well after initial completion or to conduct seismic surveys or other exploration activities shall give written notice to the gas inspector no less than ten (10) days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including, but not limited to, whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and twenty-four (24) hour telephone number of the person conducting the activities. The person conducting the activities shall post a sign on the property giving the public notice forty-eight (48) hours in advance of the fracturing activities. The sign shall comply with the requirements of section 4.09.014, “On-site and technical regulations,” (z), Signs, (1).
(f)
Well setbacks for gas well permits.
(1)
It shall be unlawful to drill, re-drill, deepen, re-enter, activate
or convert any well, the center of which, at the surface of the ground,
is located:
(A)
Within six hundred feet (600') from any playgrounds, competition
athletic fields, swimming pools, water slides and playgrounds, concession
stands, pavilions or picnic areas within a public park;
(B)
Within six hundred feet (600') from any residence, religious institution,
public building, retail or commercial building, hospital building
or school for which a building permit has been issued on the date
of the application for a gas well permit is filed with the community
development department;
(C)
Within seventy-five feet (75') of any public street, road, highway,
or right-of-way line;
(D)
Within two hundred feet (200') of any existing potable water well.
(E)
Within one hundred fifty feet (150') of any property line.
(F)
The measurement of all distances shall be calculated from the proposed
well bore, in a straight line, without regard to intervening structures
or objects, to the closest exterior point of the object listed in
items A through E, above. The above calculations shall be prepared
by a registered professional land surveyor and contain his/her professional
seal.
(2)
Tank batteries, separators and compressors shall be located at least
three hundred feet (300') to six hundred feet (600') from any public
playground, competition athletic field, picnic area within a public
park, or from any residence, religious institution, public building,
hospital building or school, or any other building used, or designed
and intended to be used, for human occupancy, for which a building
permit has been issued on the date of the application for a gas well
permit is filed. The distance shall be calculated from the closest
tank batteries, separators or compressors, in a straight line, without
regard to intervening structures or objects, to the closest part of
the playground, competition athletic field, picnic area, residence,
religious institution, public building, hospital building or schools,
or any other building used or designed and intended to be used for
human occupancy.
(3)
The distances set out in subsection 4.09.006(f)(1) and (2) above may be reduced at the discretion of the city council pursuant to section 4.09.019, “Appeals,” of this article, but never less than three hundred feet (300') except as provided by (4) below. All distance reductions shall be documented as exceptions to the requested permit prior to issuance.
(4)
Notwithstanding the provisions of this section, wells may be drilled no closer than one hundred fifty feet (150') from existing residences that are occupied by persons who in writing consent to the request to drill the well if approved by a majority vote of the city council pursuant to section 4.09.019 of this article. Said written consent is required from all residences occupied by persons within three hundred feet (300') of a proposed well bore prior to an application for a well permit being processed by city staff. Wells may be re-drilled, deepened, re-entered, activated or converted if no closer than one hundred fifty feet (150') from any residence constructed after the well was originally drilled without such consent. For purposes of the consent required by this subsection [consent] shall mean the written consent of every adult claiming an ownership or leasehold interest in such residence.
(5)
Notwithstanding the provisions of this section, new residences may
be built no closer than one hundred and fifty feet (150') from an
existing well.
(g)
A
gas well permit shall automatically terminate, unless extended, if
drilling is not commenced within ninety (90) days from the date of
the issuance of the permit. A well permit may be extended by the gas
inspector for an additional ninety (90) days upon written request
by the operator and proof that the regulatory standards of the requested
permit for such location have not changed.
(h)
Permits
required by this article are in addition to and are not in lieu of
any permit which may be required by any other provision of the city
code or by any other governmental agency.
(i)
No gas well permit shall be issued for any well to be drilled within the floodway identified by the Federal Emergency Management Agency (FEMA) on the most current federal [flood] insurance rate map (FIRM). Gas wells proposed in the floodplain outside of the floodway shall comply with the requirements for development in the city code, chapter 58 [article 3.12]: “Flood Damage Prevention.”
(j)
No
gas well permit shall be issued for any well to be drilled that is
not in compliance with any standard, provision, procedure, and/or
recommendation as described in the city’s public works design
manual as adopted and as may be amended.
(k)
By
acceptance of any permit issued pursuant to this article, the operator
expressly stipulates and agrees to be bound by and comply with the
provisions of this article. The terms of this article shall be deemed
to be incorporated in any permit issued pursuant to this article with
the same force and effect as if this article was set forth verbatim
in such permit.
(Ordinance O-18-08 adopted 6/16/08)
(a)
Every
application for a gas well permit issued pursuant to this article
shall be in writing signed by the operator, or some person duly authorized
to sign on his behalf, and filed with the city manager, or the city
manager’s designee, and shall be processed consistent with the
city’s zoning ordinance for specific use permits, as adopted
and as may be amended, and incorporated therein for all purposes.
(b)
Every application shall be accompanied by a permit fee in the amount established in section 4.09.020 of this article. The application shall include the following information:
(1)
The date of the application and type of permit requested.
(2)
An accurate legal description of the lease property to be used for
the operation site, the parcel and the production unit and name of
the geologic formation as used by the commission. Property recorded
by plat shall reference subdivision, block and lot numbers.
(3)
Map showing proposed transportation route and road(s) for equipment,
chemicals or waste products used or produced by the gas operation.
This proposed truck route shall include a traffic management plan,
and identify all on- and off-site city thoroughfares and infrastructure.
(4)
Proposed well name and well depth.
(5)
Surface owner names(s), telephone number(s), fax number(s), physical
address(es), and, if possible, e-mail addresses, of the lease property.
(6)
Mineral lessee name, telephone number, fax number, physical address,
and, if possible, e-mail address.
(7)
Operator/applicant name, telephone number, fax number, physical address,
and if possible, e-mail address and if the operator is a corporation,
the state of incorporation, and if the operator is a partnership,
the names and addresses of the general partners.
(8)
Name, telephone number, fax number, physical address of individual
designated to receive notice, and/or registered agent, and, if possible,
e-mail address.
(9)
Names and address of representatives or operator’s agent with
supervisory authority over all gas operation site activities and a
twenty-four (24) hour telephone number.
(10)
Location and description of all improvements and structures within
eight hundred feet (800') of the well. Name of the owner and address
of each parcel of property within six hundred feet (600') of proposed
site. Such locations and descriptions shall be prepared by a registered
professional land surveyor and shall contain his/her professional
seal.
(11)
A site plan of the proposed operation site showing the location of
all improvements and equipment, including the location of the proposed
well(s) and other facilities including, but not limited to, tanks,
pipelines, compressors, separators and storage tanks or storage sheds.
All site plans must include the following criteria and shall be submitted
for approval as part of the specific use permit:
(A)
Property boundaries with dimensions and setback lines.
(B)
Location of proposed buildings and structures indicating sizes in
square feet.
(C)
The location and intensity of exterior lighting fixtures.
(D)
The location of mechanical equipment.
(E)
Outside storage areas.
(F)
Curb cut locations.
(G)
Parking, loading, and maneuvering areas.
(H)
The location, materials and dimensions of screening improvements as required by section 4.09.015, “Screening,” (a)(1), herein.
(I)
A separate plan sheet showing the location, materials and dimension of all screening improvements as required by section 4.09.015, “Screening,” (a)(2), herein.
(J)
Waste disposal locations with screening.
(K)
Adjacent property lines, streets, easements immediately adjacent
to the operation site.
(L)
Names of owners of property immediately adjacent to the operation
site.
(M)
Names of subdivisions immediately adjacent to the operation.
(N)
Site plans shall be submitted on a sheet size of 24" x 36" minimum.
(O)
City boundaries where applicable.
(P)
Date the drawing was prepared with name, address, and phone number
of preparer.
(Q)
Location, width, purpose of all existing easements.
(R)
North arrow, at a maximum scale of 1:50 immediately adjacent to the
operation site.
(S)
All existing street names immediately adjacent to the operation site.
(T)
Dimensions of all existing rights-of-way as specified on the city’s
thoroughfare plan.
(U)
Title block identifying gas well site location.
(V)
Vicinity location map at 1" = 2000'.
(W)
Zoning classifications of all properties shown on the site plan.
(X)
Location of 100-year flood limits where applicable.
(Y)
Texas NAD83 state plane coordinates for at least two corners.
(Z)
As a minimum, a preliminary drainage study as identified in the public
works design manual.
(12)
Name, address and 24-hour phone number of the person to be notified
in case of emergency.
(13)
Exact acreage and number of wells, if applicable, included in the
gas well permit application.
(14)
Copies of all reports required by the commission, specifically including
a copy of the approved commission Form W-l and/or P-4.
(15)
A signed right-of-way maintenance agreement supplied by the city
that provides that the operator shall repair, at his own expense,
any damage caused by any activity associated with the preparation,
drilling, production, and operation of wells.
(16)
A description of public utilities required during drilling and site
operations.
(17)
A description of the water source to be used during drilling.
(18)
A copy of the stormwater pollution prevention plan (SWPPP) as required
by the commission, the state commission on environmental quality (TCEQ),
the United States Environmental Protection Agency (USEPA) and/or the
city. A copy of the notice of intent (NOI) shall be submitted to the
municipal services department at least three (3) days prior to the
commencement of any on-site activity.
(19)
A copy of the determination by the TCEQ of the depth of usable quality
groundwater.
(20)
Evidence of insurance and security requirements under this article.
(21)
A statement, under oath, signed by the operator or designated representative,
that the information submitted with the application is, to the best
knowledge and belief of the operator or designated representative,
true and correct, and as such is a government record.
(22)
All required application and permit fees.
(23)
A tree preservation plan that conforms to the city’s ordinance.
(24)
A copy of a hazardous materials management plan and additionally,
all material safety data sheets (MSDSs) for all hazardous materials
that will be located, stored, transported and/or temporarily used
on the drilling site shall be provided to the gas inspector and the
fire department.
(c)
Building permit required.
(1)
No building or structure regulated by the current city code shall
be erected, constructed, enlarged, altered, repaired, moved, improved,
removed, converted, or demolished unless a separate permit for each
building or structure has first been obtained from the director of
the community development department, or the director’s designee.
No subdivision plat will be required.
(2)
It shall be the responsibility of any person, firm, or corporation,
upon submittal of an application for a building permit for work regulated
by the current city code, to register as a general contractor with
the city. Work regulated includes, but is not limited to, construction
of gates, fencing, plumbing, irrigation, electricity, roadways, entrances,
compressors, flow lines, pipelines, gathering lines, tank batteries,
and buildings. Such registration shall be upon forms supplied by the
director of the community development department, or the director’s
designee, and shall become null and void on December 31st of each
year. An appropriate fee for registration shall be assessed in accordance
with the city fee schedule. Copies of any and all state licenses required
for the performance of any activity to be conducted shall be submitted
with the application.
(Ordinance O-18-08 adopted 6/16/08)
(a)
A
gas well permit shall be required in accordance with the provisions
of this section.
(b)
Notice for a gas well permit.
(1)
At least ten (10) days prior to the date of filing of an application
for a gas well permit with the gas inspector under this article, the
operator shall notify, at the expense of the operator, each surface
owner of property, as shown by the current tax roll, within six hundred
feet (600') of the proposed well not owned by or under lease to the
operator. Such notice, as outlined below, shall be by depositing the
same, properly addressed and postage paid, in the United States mail.
The operator shall file with the application an affidavit showing
the name and last known address, as identified by the current tax
roll, of each owner of property to whom notice was mailed and the
names of each owner of property to whom notice is required to be given,
but whose address is unknown. Notice shall be sent to all registered
neighborhood associations within one-half (1/2) mile of the proposed
drill site.
(2)
At least ten (10) days prior to the date of filing of an application
for a gas well permit under this article with the gas inspector, the
operator shall publish a copy of the notice as outlined below, at
the expense of the operator, in one (1) issue of a daily newspaper
of the city for ten (10) consecutive days. An affidavit by the printer
or publisher of the newspaper indicating publication of the notice
shall be filed with the application and will be prima facie evidence
of such publication. The notice shall read as follows:
Notice is hereby given that, acting under and pursuant to the
Ordinances of the City of Glenn Heights, Texas, on the _____ day of
_____, 20_____, _____ will file with the gas inspector of the City
of Glenn Heights, an application to drill, complete and operate a
well for gas upon property located at _____, Glenn Heights, Dallas
and Ellis County, Texas, more particularly shown on the map of record
in Volume _____, Page _____, Plat records of _____ County, Texas or
per Tax Tract Number _____, Dallas and Ellis County, Texas.
(3)
At least twenty (20) days prior to the date of filing of an application
for a gas well permit under this article with the gas inspector, the
operator, at the operator’s expense, shall erect at least one
(1) sign, no less than three feet (3') by three feet (3'), upon the
premises upon which a gas well permit has been requested. Where possible,
the sign or signs shall be located in a conspicuous place or places
upon the property at a point or points nearest any right-of-way, street,
roadway or public thoroughfare adjacent to such property.
(A)
The sign(s) shall substantially indicate that a gas well permit to
drill for gas has been requested and shall further set forth that
additional information can be acquired by telephoning the operator
at the number indicated on the sign.
(B)
The continued maintenance of any such sign(s) shall not be deemed
a condition precedent to the holding of a public hearing or to any
other official action concerning this article.
(C)
Any sign(s) shall be removed subsequent to final action by the gas
inspector.
(4)
All notice provisions contained herein shall be deemed sufficient
upon substantial compliance with this section.
(c)
Vehicle routes for gas well permit.
Vehicles associated
with drilling and/or production in excess of three (3) tons shall
be restricted to such streets designated as either truck routes or
commercial delivery routes by the city code wherever capable of being
used. All vehicles shall be operated on a truck route wherever capable
of being used; they shall be operated on a commercial delivery route
only when it is not possible to use a truck route to fulfill the purpose
for which such vehicle is then being operated. In the event that an
approved route is unavailable, the operator shall propose an alternative
route that may be approved by the city manager or city manager’s
designee, if temporary. Any permanent alternative route must be approved
by the city council as an amendment to the specific use permit. Commercial
delivery route means any street or highway so designated by the city
council for the use by any commercial motor vehicle, truck-tractor,
trailer, semitrailer, or any combination thereof.
(d)
Processing of gas well permit.
The gas inspector shall
not be required to accept or process a gas well permit application
until the applicant can demonstrate that the proposed activities are
in compliance with the provisions of the city’s comprehensive
zoning ordinance, No. 820 [Ordinance O-03-09], as it may be amended.
(e)
All
other provisions outlined in this article shall be required.
(Ordinance O-18-08 adopted 6/16/08)
(a)
All
gas well permit applications will be filed with the city manager,
or the city manager’s designee. The city manager, or the city
manager’s designee, shall refer such applications to the fire
department and other city departments which the city manager deems
appropriate.
(b)
It
is the responsibility of the city manager, or the city manager’s
designee, to review and approve or disapprove all applications for
gas well drilling permits based on the criteria established by this
article and in accordance with the specific use permit.
(c)
The
city manager, or the city manager’s designee, shall within forty-five
(45) days after the filing of a completed application and remittance
of all fees, insurance, bond, and security per the requirements of
this article for a gas well permit, determine whether the permit application
shall be approved or denied.
(d)
The
provisions of this article shall apply to any dwellings or buildings
for which an application for a building permit has been submitted
on the date the application for a gas well permit is filed with the
city manager or the city manager’s designee.
(1)
All new and/or proposed construction of any buildings, structures,
streets, roads, and/or applicable improvements to the property upon
which any gas well is located must be in compliance with all applicable
setback requirements enumerated in this article.
(2)
If all the requirements of this article and the specific use permit
are met, the city manager, or the city manager’s designee, shall
issue a permit for the drilling of the well or the installation of
the facilities for which a permit application was made consistent
with the terms and conditions of the specific use permit.
(3)
If the city council denies a permit application for the requested gas well permit, the city manager, or the city manager’s designee, shall notify the operator in writing of such denial stating the reasons for the denial. Within thirty (30) days of the date of the written decision to deny the permit, the operator may cure those conditions that caused the denial and resubmit the application to the city manager, or city manager’s designee, for reconsideration of approval and issuance of the permit. Additionally, the operator may file an appeal to the city council under the provisions outlined in this article pursuant to section 4.09.019 of this article.
(4)
The failure of the city manager, or the city manager’s designee, to review and issue a permit within the time limits specified above shall not cause the application to be deemed approved. The failure of the city manager, or the city manager’s designee, to act within the time limit shall be deemed a disapproval. The operator may file an appeal to the city council under the provisions outlined in this article pursuant to section 4.09.019 of this article.
(e)
If
an application for a permit is denied by the city, nothing herein
contained shall prevent a new permit application from being submitted
to the city manager, or the city manager’s designee, for the
same well.
(Ordinance O-18-08 adopted 6/16/08)
(a)
An
amended permit may be issued for, but not limited to, the following
changes in drill and/or operational site activities:
(1)
Re-drilling;
(2)
Deepening beyond one hundred fifty feet (150') of the permitted depth;
(3)
Site access;
(4)
Locations and/or quantities of equipment as determined by the gas
inspector;
(5)
Locations and/or number of drilling fluid or other types of pits;
and
(6)
Locations and/or number of buildings and structures.
(b)
Applications
for amended permits shall be in writing, shall be signed by the operator,
and shall include the following:
(2)
A description of the proposed amendments;
(3)
Any changes to the information submitted with the application for
existing permit (if such information has not previously been provided
to the city);
(4)
Such additional information as is reasonably required by the gas
inspector to demonstrate compliance with the applicable permit;
(5)
Such additional information as is reasonably required by the gas
inspector to prevent imminent destruction of property or injury to
persons; and
(6)
An amended site plan will be required.
(c)
All
applications for amended permits shall be filed with city manager,
or the city manager’s designee, for review by the city. Incomplete
applications may be returned to the applicant, in which case the city
shall provide a written explanation of the deficiencies; however,
the city shall retain the application fee. The city may return any
application as incomplete if there is a dispute pending before the
commission regarding the determination of the operator.
(d)
If
the activities proposed by the amendment are not materially different
from the activities covered by the existing permit then the city manager,
or the city manager’s designee, shall approve or disapprove
the amendment within fifteen (15) days after the application is filed.
(e)
If
the activities proposed by the amendment are materially different
from the activities covered by the existing permit, and do not create
a risk of destruction of property or injury to persons, then the city
manager, or the city manager’s designee, shall approve or disapprove
the amendment within forty-five (45) days after the application is
filed. If, however, the activities proposed by the amendment are materially
different and, in the judgment of the gas inspector, the city manager,
or the city manager’s designee, might create a risk of destruction
of property or injury to persons that were not associated with the
activities covered by the existing permit or that were not otherwise
taken into consideration by the existing permit, the city manager,
or the city manager’s designee, may require the amendment to
be processed as a new permit application.
(f)
The failure of the city manager, or the city manager’s designee, to review and issue an amended permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. Further, the decision of the city manager, or the city manager’s designee, to deny an amendment to a permit shall be provided to the operator in writing within the time period indicated in (d) and (e) above, including an explanation of the basis for the decision. The operator may appeal any such denial to the city council, if such an appeal is filed within ten (10) days after such denial, as provided by section 4.09.019 of this article.
(Ordinance O-18-08 adopted 6/16/08)
(a)
If
an operator (or its officers, employees, agents, contractors, or representatives)
fails to comply with any requirement of a permit (including any requirement
incorporated by reference as part of the permit), the gas inspector
shall give written notice to the operator specifying the nature of
the failure and giving the operator a reasonable time to cure, taking
into consideration the nature and extent of the failure, the extent
of the efforts required to cure, and the potential impact on the health,
safety, and welfare of the community. In no event, however, shall
the cure period be less than ten (10) days unless the failure presents
a risk of imminent danger of property or injury to persons or unless
the failure involves the operator’s failure to provide periodic
reports as required by this article.
(b)
If
the operator fails to correct the noncompliance, the city may suspend
or revoke the permit pursuant to the provisions of this article.
(c)
No
person shall carry on any operations performed under the terms of
the permit issued under this article during any period of any permit
suspension or revocation or pending a review of the decision or order
of the city in suspending or revoking the permit. Nothing contained
herein shall be construed to prevent the necessary, diligent and bona
fide efforts to cure and remedy the default or violation for which
the suspension or revocation of the permit was ordered for the safety
of persons or as required by the commission.
(d)
If
the operator does not cure the noncompliance within the time specified
in this article, the city, upon written notice to the operator, may
notify the commission and request that the commission take any appropriate
action.
(Ordinance O-18-08 adopted 6/16/08)
(a)
The
operator shall notify the gas inspector of any changes to the following
information within ten (10) days after the change occurs:
(1)
The name, physical address, telephone number, and fax number, of
the operator;
(2)
The name, address, and telephone number of the person designated
to receive notices from the city (which person must be a resident
of Texas that can be served in person or by registered or certified
mail) and/or its registered agent; and
(3)
The operator’s emergency action response plan (including “drive-to
maps” from public rights-of-way to each drill site).
(b)
The
operator shall notify in writing the gas inspector and the city manager,
or the city manager’s designee, of any change to the name, address,
and twenty-four (24) hour phone number of the person(s) with supervisory
authority over drilling or operations activities within one (1) business
day of said change.
(c)
The
operator shall provide a copy of any “incident reports”
or written complaints submitted to the commission and a copy to the
city within fifteen (15) days after the operator has notice of the
existence of such reports or complaints.
(d)
Beginning
on December 31st after each well is completed, and continuing on each
December 31st thereafter until the operator notifies the gas inspector
and the city manager, or the city manager’s designee, in writing,
that the well has been abandoned and the site restored, the operator
shall submit a written report to the city manager, or the city manager’s
designee, identifying any changes to the information that was included
in the application for the applicable permit that have not been previously
reported to the city.
(Ordinance O-18-08 adopted 6/16/08)
(a)
General requirements.
The operator shall be required
to:
(1)
Comply with the terms and conditions of this article and the permit
issued hereunder.
(2)
Promptly clear drill and operation sites of all litter, trash, waste
and other substances used, allowed, or occurring in the operations,
and after abandonment or completion grade, level and restore such
property to the same surface conditions as nearly as possible as existed
before operations.
(3)
Indemnification and express negligence provisions.
Operators
shall sign each permit and the city shall retain a signed original.
Each such permit issued by the city shall include the following language:
Operator does hereby expressly release and discharge all claims,
demands, actions, judgments, and executions which it ever had, or
now has or may have, or assigns may have, or claim to have, against
the City of Glenn Heights, and/or its departments, agents, officers,
servants, successors, assigns, sponsors, volunteers, or employees,
created by, or arising out of personal injuries, known or unknown,
and injuries to property, real or personal, or in any way incidental
to or in connection with the performance of the work performed by
the operator under a permit. The operator shall fully defend, protect,
indemnify, and hold harmless the City of Glenn Heights, Texas, its
departments, agents, officers, servants, employees, successors, assigns,
sponsors, or volunteers from and against each and every claim, demand,
or cause of action and any and all liability, damages, obligations,
judgments, losses, fines, penalties, costs, fees, and expenses incurred
in defense of the City of Glenn Heights, Texas, its departments, agents,
officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted
by operator, its agents, assigns, or any third parties on account
of, arising out of, or in any way incidental to or in connection with
the performance of the work performed by the operator under a permit.
The operator agrees to indemnify and hold harmless the City of Glenn
Heights, Texas, its departments, its officers, agents, servants, employees,
successors, assigns, sponsors, or volunteers from any liabilities
or damages suffered as a result of claims, demands, costs, or judgments
against the city, its departments, its officers, agents, servants,
or employees, created by, or arising out of the acts or omissions
of the City of Glenn Heights occurring on the drill site or operation
site in the course and scope of inspecting and permitting the wells
including, but not limited to, claims and damages arising in whole
or in part from the negligence of the City of Glenn Heights occurring
on the drill site or operation site in the course and scope of inspecting
and permitting gas wells. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR
TO INDEMNIFY AND PROTECT THE CITY OF GLENN HEIGHTS, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS OR EMPLOYEES FROM THE CONSEQUENCES
OF THE NEGLIGENCE OF THE CITY OF GLENN HEIGHTS, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE
IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH AND/OR
DAMAGE.
(4)
Promptly pay all fines, penalties and other assessments imposed due
to breach of any terms of the permit.
(5)
Promptly restore to its former condition any public property damaged
by the gas operation.
(6)
An operator may not commence or continue with drilling operations
unless and until all requirements relative to the bond, letter of
credit and/or insurance are satisfied. Any permit will be suspended
consistent herein for failure to maintain in full force and effect
any such requirements as stated herein or in the specific use permit
and it shall be a specific element of default for such failure.
(b)
Bond; irrevocable letter of credit.
Prior to the issuance
of a gas well permit the operator shall provide the city manager,
or the city manager’s designee, with a security instrument in
the form of a bond or an irrevocable letter of credit as follows:
(1)
Bond.
A bond shall be executed by a reliable surety,
bonding or insurance institution authorized to do business in Texas,
acceptable to the city. The bond shall become effective on or before
the date the gas well permit is issued and shall remain in force and
effect for at least a period of six (6) months after the expiration
of the permit term or until the well is plugged and abandoned and
the site is restored, whichever occurs last. The operator shall be
listed as principal and the instrument shall run to the city, as obligee,
and shall be conditioned that the operator will comply with the terms
and regulations of this article, the specific use permit and all applicable
city ordinances. The original bond shall be submitted to the city
manager, or the city manager’s designee, with a copy of the
same provided to the city secretary.
(2)
Letter of credit.
An irrevocable letter of credit shall
be issued by a reliable bank authorized to do business in Texas and
shall become effective on or before the date the permit is issued.
The letter of credit shall remain in force and effect for at least
a period of six (6) months after the expiration of the permit term
or until the well is plugged and abandoned and the site is restored,
whichever occurs last. The city shall be authorized to draw upon such
letter of credit to recover any fines, penalties or costs assessed
under this article or for purposes stated herein. Evidence of the
execution of a letter of credit shall be submitted to the city by
submitting an original signed letter of credit from the banking institution,
to the city manager, or the city manager’s designee, with a
copy of the same provided to the city secretary.
(3)
The principal amount of any security instrument shall be fifty thousand
dollars ($50,000.00) for any single well. If, after completion of
a well, the applicant/operator, who initially posted a fifty thousand
dollars ($50,000.00) bond or letter of credit, has complied with all
of the provisions of this article and whose well in the producing
stage and all drilling operations have ceased, may submit a request
to the city manager or the city manager’s designee to reduce
the existing bond or letter of credit to ten thousand dollars ($10,000.00)
for the remainder of the time the well produces without reworking.
During reworking operations, the amount of the bond or letter of credit
shall be maintained at fifty thousand dollars ($50,000.00). If at
any time after no less than a fifteen (15) day written notice to the
operator and a public hearing, the city council shall deem any operator’s
bond or letter of credit to be insufficient, it may require the operator
to increase the amount of the bond or letter of credit up to a maximum
of two hundred fifty thousand dollars ($250,000.00) per well.
(4)
Whenever the city manager, or the city manager’s designee,
finds that a default has occurred in the performance of any requirement
or condition imposed by this article, the specific use permit, or
applicable city ordinance a written notice shall be given to the operator
and in accordance with the requirements of the bond and/or letter
of credit. Such notice shall specify the work to be done, the estimated
cost and the period of time deemed by the city manager, or the city
manager’s designee, 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 to do so, shall pay over to the city one hundred
twenty-five percent (125%) of the estimated cost of doing the work
as set forth in the notice. In no event, however, shall the cure period
be less than thirty (30) days unless the failure presents a risk of
imminent destruction of property or injury to persons or unless the
failure involves the operator’s failure to provide periodic
reports as required by this article. The city shall be authorized
to draw against any irrevocable letter of credit or bond to recover
such amount due from the operator. Upon receipt of such monies, the
city shall proceed by such mode as deemed convenient to cause the
required work to be performed and completed, but no liability shall
be incurred 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 the commission, such additional money may be demanded
from the operator as is necessary to properly plug and abandon the
well and restore the drill site in conformity with the regulations
of this article.
(5)
In the event the operator does not cause the work to be performed
and fails or refuses to pay over to the city the estimated cost of
the work to be done as set forth in the notice, or the issuer of the
security instrument refuses to honor any draft by the city against
the applicable irrevocable letter of credit or bond the city may proceed
to obtain compliance and abate the default by way of civil action
against the operator, or by criminal action against the operator,
or by both such methods. Notwithstanding the foregoing, the city shall
avail itself of all available legal remedies against all potential
parties including but not limited to persons with an interest in the
property, the operator, surety and financial institution.
(6)
When the well or wells covered by said irrevocable letters of credit
or bond have been properly abandoned in conformity with all regulations
of this article, and in conformity with all regulations of the commission
and notice to that effect has been received by the city, or upon receipt
of a satisfactory substitute, the irrevocable letter of credit or
bond issued in compliance with these regulations shall be terminated
and cancelled.
(7)
Notwithstanding anything herein to the contrary, the bond and/or
letter of credit may be used for the following non-exhaustive purposes
in conjunction with other purposes stated herein, to mitigate public
losses suffered by the city associated with a well-based operation
emergency, road repair or other infrastructure damages, and/or sales
tax losses.
(c)
Insurance.
In addition to the bond or letter of credit
required pursuant to this article, the operator shall carry a policy
or policies of insurance issued by an insurance company or companies
authorized to do business in Texas. In the event such insurance policy
or policies are cancelled, the permit shall be suspended on such date
of cancellation and the operator’s right to operate under such
permit shall immediately cease until the operator files additional
insurance as provided herein.
(1)
General requirements applicable to all policies.
(A)
The city, its officials, employees, agents and officers shall be
endorsed as an “additional insured” to all policies except
employer’s liability coverage under the operator’s workers’
compensation policy.
(B)
All policies shall be written on an occurrence basis except for environmental
pollution liability (seepage and pollution coverage) and excess or
umbrella liability, which may be on a claims-made basis.
(C)
All policies shall be written by an insurer with an A-:VIII or better
rating by the most current version of the A.M. Best Key Rating Guide
or with such other financially sound insurance carriers acceptable
to the city.
(D)
Deductibles shall be listed on the certificate of insurance and shall
be on a “per occurrence” basis unless otherwise stipulated
herein.
(E)
Certificates of insurance shall be delivered to the City Manager,
City of Glenn Heights, 1938 South Hampton Rd., Glenn Heights, Texas
75154, evidencing all the required coverages, including endorsements,
prior to the issuance of a permit.
(F)
All policies shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the city.
(G)
Any failure on part of the city to request required insurance documentation
shall not constitute a waiver of the insurance requirement specified
herein.
(H)
Each policy shall be endorsed to provide the city a minimum thirty
(30) day notice of cancellation, non-renewal, and/or material change
in policy terms or coverage.
(I)
During the term of the permit, the operator shall report, in a timely
manner, to the city manager, or the city manager’s designee,
any known loss occurrence which could give rise to a liability claim
or lawsuit or which could result in a property loss.
(J)
Upon request, certified copies of all insurance policies shall be
furnished to the city.
(2)
Standard commercial general liability policy.
This coverage
must include premises, operations, blowout or explosion, products,
completed operation, sudden and accidental pollution, blanket contractual
liability, underground resources damage, broad form property damage,
independent contractors protective liability and personal injury.
This coverage shall be a minimum combined single limit of one million
dollars ($1,000,000.00) per occurrence location for bodily injury
and property damage.
(3)
Excess or umbrella liability.
Five million dollars ($5,000,000.00)
excess, if the operator has a stand-alone environmental pollution
liability (EPL) policy. Ten million dollars ($10,000,000.00) excess,
if the operator does not have a standalone EPL policy. Coverage must
include an endorsement for sudden or accidental pollution. If seepage
and pollution coverage is written on a “claims made” basis,
the operator must maintain continuous coverage and purchase extended
coverage period insurance when necessary.
(4)
Environmental pollution liability coverage.
The operator
shall purchase and maintain in force for the duration of the permit,
insurance for environmental pollution liability applicable to bodily
injury, property damage, including loss of use of damaged property
or of property that has not been physically injured or destroyed;
clean-up costs; and defense, including costs and expenses incurred
in the investigation, defense or settlement of claims; all in connection
with any loss arising from the insured site. Coverage shall be maintained
in an amount of at least one million dollars ($1,000,000.00) per loss,
with an annual aggregate of at least ten million dollars ($10,000,000.00.)
(A)
Coverage shall apply to sudden and accidental pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste material or other
irritants, contaminants or pollutants.
(B)
The operator shall maintain continuous coverage and shall purchase
extended coverage period insurance when necessary. The extended coverage
period insurance must provide that any retroactive date applicable
to coverage under the policy precedes the effective date of the issuance
of the permit by the city.
(5)
Control of well.
The policy should cover the cost of
controlling a well that is out of control, re-drilling or restoration
expenses, seepage and pollution damage as first party recovery for
the operator and related expenses, including, but not limited to,
loss of equipment, experts and evacuation of residents. Five million
dollars ($5,000,000.00) per occurrence/no aggregate, if available,
otherwise an aggregate of ten (10) million dollars ($10,000,000.00).
Five hundred thousand dollars ($500,000.00) sub-limit endorsement
may be added for damage to property for which the operator has care,
custody and control.
(6)
Workers’ compensation and employers liability insurance.
Workers’ compensation benefits shall be Texas statutory
limits. Employers’ liability shall be a minimum of five hundred
thousand dollars ($500,000.00) per accident. Such coverage shall include
a waiver of subrogation in favor of the city and provide coverage
in accordance with applicable state and federal laws.
(7)
Automobile liability insurance.
Combined single limit
of one million dollars ($1,000,000.00) per occurrence for bodily injury
and property damage. Coverage must include all owned, hired and not-owned
automobiles.
(8)
Certificates of insurance.
The company must be admitted
or approved to do business in the state, unless the coverage is written
by a surplus lines insurer. The insurance set forth by the insurance
company must be underwritten on forms that have been approved by the
state board of insurance or ISO (insurance services office), or an
equivalent policy form acceptable to the city, with the exception
of environmental pollution liability and control of well coverage,
[and] set forth all endorsements and insurance coverage according
to requirements and instructions contained herein. Shall specifically
set forth the notice of cancellation, termination, or change in coverage
provisions to the city. All policies shall be endorsed to read “THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT THIRTY (30) DAYS’
ADVANCE WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE
TEN (10) DAYS’ ADVANCE WRITTEN NOTICE IS REQUIRED.” Original
endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
(9)
Notice.
The individual designated to receive notice
shall be a resident of Texas upon whom all orders and notices provided
in this article may be served in person or by registered or certified
mail. Every operator shall within ten (10) days notify the city manager,
or the city manager’s designee, in writing of any change in
such agent or mailing address unless operations in the city are discontinued
and abandonment is complete.
(Ordinance O-18-08 adopted 6/16/08)
(a)
Abandoned wells.
All wells shall be abandoned in accordance
with the rules of the commission; however, all well casings shall
be cut and removed to a depth of at least ten feet (10') below the
surface unless the surface owner submits a written agreement otherwise.
No structures shall be built over an abandoned well.
(b)
Blowout prevention.
In all cases, blowout prevention
equipment shall be used on all wells being drilled, worked-over or
in which tubing is being changed. Protection shall be provided to
prevent blowout during gas operations as required by and in conformance
with the requirements of the commission and the recommendations of
the American Petroleum Institute (API). The operator must equip all
drilling wells with adequate blowout preventers, flow lines and valves
commensurate with the working pressures involved as required by the
commission. The operator must conduct daily testing of the operation
and pressure, providing a copy of the results of said testing to the
city on a weekly basis.
(c)
Chemical and materials storage.
All chemicals and/or
hazardous materials shall be stored in such a manner as to prevent,
contain, and facilitate rapid remediation and clean-up of any accidental
spill, leak, or discharge of a hazardous material. The operator shall
have all material safety data sheets (MSDSs) for all hazardous materials
on-site. All applicable federal and state regulatory requirements
for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are
not limited to, chemical and materials raised from the ground (e.g.,
wooden pallets), bulk storage, installation and maintenance of secondary
containment systems, and protection from stormwater and weather elements.
(d)
The
following requirements shall apply to all fracture stimulation (fracturing)
operations performed on a well:
(1)
At least forty-eight (48) hours before operations are commenced,
the operator shall post a sign, which complies with (y) [(z)], Signs,
(1) of this section, at the entrance of the well site advising the
public of the date the operations will commence and an anticipated
completion date;
(2)
“Flow-back” operations to recover fluids used during
fracture stimulation shall be performed during daylight hours only
unless the gas inspector approves in writing such operations during
non-daylight hours and be continued until completed to prevent damage
to formation;
(3)
A watchperson shall be required at all times during such operations;
and
(4)
At no time shall the well be allowed to flow or vent directly to
the atmosphere without first directing the flow through separation
equipment or into a portable tank.
(e)
Compliance.
The operator shall comply at all times with
all applicable federal, state and city requirements.
(f)
Discharge.
No person shall place, deposit, discharge,
or cause or permit to be placed, deposited or discharged, any oil,
naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse
including wastewater or brine from any gas operation or the contents
of any container used in connection with any gas operation in, into,
or upon any public right-of-way, alleys, streets, lots, storm drain,
ditch or sewer, sanitary drain or any body of water or any private
or public property in the city.
(g)
Drilling fluids.
Low toxicity glycols, synthetic hydrocarbons,
polymers, and esters shall be substituted for conventional oil-based
drilling fluids.
(h)
Drill stem testing.
All open hole formation or drill
stem testing shall be done during daylight hours. Drill stem tests
may be conducted only if the well effluent during the test is produced
through an adequate gas separator to storage tanks and the effluent
remaining in the drill pipe at the time the tool is closed is flushed
to the surface by circulating drilling fluid down the annulus and
up the drill pipe.
(i)
Drip pans and other containment devices.
Drip pans and
other containment devices shall be placed or installed underneath
all tanks, containers, pumps, lubricating oil systems, engines, fuel
and chemical storage tanks, system valves, connections, and any other
areas or structures that could potentially leak, discharge, or spill
hazardous liquids, semi-liquids, or solid waste materials.
(j)
Dust, vibration, and odors.
All drilling and production
operations shall be conducted in such a manner as to minimize, so
far as practicable, dust, vibration, or noxious odors, and shall be
in accordance with the best accepted practices incident to drilling
for the production of gas and other hydrocarbon substances. All equipment
used shall be so constructed and operated so that vibrations, dust,
odor or other harmful or annoying substances or effect will be minimized
by the operations carried on at any drilling or production site or
from anything incident thereto, to the injury or annoyance of persons
living in the vicinity; nor shall the site or structures thereon be
permitted to become dilapidated, unsightly or unsafe. Proven technological
improvements as identified by the gas inspector in industry standards
of drilling and production in this area may be adopted as they become
available if capable of reducing factors of dust, vibration and odor.
(k)
Electric lines.
All electric lines to production facilities
shall be located in a manner compatible to those already installed
in the surrounding area or subdivision.
(l)
Electric motors.
Only electric prime movers or motors
shall be permitted for the purpose of pumping wells. No electric power
shall be generated on location. All electrical installations and equipment
shall conform to the city’s ordinances and the appropriate national
codes.
(m)
Emergency response plan.
Prior to the commencement of
any gas or other hydrocarbons production activities, the operator
shall submit to the city manager or city manager’s designee
an emergency response plan establishing written procedures to minimize
any hazard resulting from drilling, completion or producing of gas
wells. Said plan shall use existing guidelines established by the
commission, TCEQ, state department of transportation and/or the USEPA.
The emergency response plan shall be kept current with any additions,
modifications, and/or amendments concerning all construction-related
activities, natural gas operations and, and/or natural gas production.
Updated plans shall be submitted to the gas inspector within two (2)
business days. A copy of the emergency response plan shall be kept
on-site.
(n)
Explosive charges.
Under no circumstances shall explosives
of any type be used during any phase of drilling, re-drilling, deepening,
re-entering, activating, converting, fracturing, or completing a gas
well without the prior consent of the fire department. The operator
shall provide notice to the gas inspector at least ten (10) days prior
to such activities. The notice shall identify the date that the explosive
charges will be used, the date and means of transporting the explosive
charges, and the transportation route to and from the drill and/or
operation site that will be used for the delivery of the explosive
charges. A special use permit shall be issued from the fire marshal.
(o)
Fire prevention; sources of ignition.
Firefighting apparatus
and supplies as approved by the fire department and required by any
applicable federal, state, or local law shall be provided by the operator,
at the operator’s cost, and shall be maintained on the drilling
site at all times during drilling and production operations. The operator
shall be responsible for the maintenance and upkeep of such equipment.
Each well shall be equipped with an automated valve that closes the
well in the event of an abnormal change in operating pressure. All
well heads shall contain an emergency shut-off valve to the well distribution
line.
(p)
Flaring operations.
The agent must notify the gas inspector,
fire marshal, and city’s dispatch no later than forty-eight
(48) hours before flaring will commence. Flaring must be located at
a safe distance, with piping secured. The on-site supervisor or responsible
party must be on-site once flaring has commenced and until flaring
is completed. A separate watchperson shall be posted at the gate and
be responsible for accountability during these operations.
(q)
Gas emission or burning restricted.
No person shall
allow, 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 commission. If the 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 commission, then such vent or open flame shall
not be located closer than five hundred feet (500') from any building
not used in operations on the drilling site and such vent or open
flame shall be screened in such a way as to minimize detrimental effects
to adjacent property owners.
(r)
Grass, weeds, and trash.
All drill and operation sites
shall be kept clear of high grass, weeds, and combustible trash.
(s)
Lights.
No person shall permit any lights located on
any drill or operation site to be directed in such a manner so that
they shine directly on public roads, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and shielded so as to both prevent direct illumination
of and minimize glare on public roads and adjacent dwellings and buildings
within six hundred feet (600').
(t)
Muffling exhaust.
Exhaust from any internal combustion
engine, stationary or mounted on wheels, used in connection with the
drilling of any well or for use on any production equipment shall
not be discharged into the open air 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. All
formation fracturing operations shall be conducted during daylight
hours unless the operator has notified the gas inspector that fracturing
will occur before or after daylight hours to meet safety requirements.
(u)
Organic solvents.
Organic solvents, such as trichloroethylene
and carbon tetrachloride, shall not be used for cleaning any element,
structure, or component of the drilling rig, platform, and/or associated
equipment, tools, or pipes. To the maximum extent practicable, high
flash point Varsol shall be used.
(v)
Pipe dope.
Lead-free, biodegradable pipe dope shall
be substituted for API specified pipe dope.
(w)
Pits.
All reserve pits, completion/workover pits, drilling
fluid disposal pits, fresh makeup water pits, gas plant evaporation/retention
pits, mud circulation pits, or water condensate pits shall be lined
with plastic or stored above ground in tanks. The water surface elevation
of the pit may not exceed twelve inches (12") above the existing ground
elevation prior to any on-site construction of the pit. One (1) foot
of freeboard is required between the surface elevation and on top
of berm. Such pits and contents shall be removed from the premises
and the drilling site within forty (40) days after completion of the
well, unless otherwise authorized by the gas inspector. No wash-out
pits shall be located within the city, unless all fluid, sludge, solid
waste materials, drilling fluids, waste oil, spent completion fluids,
all other liquids, semi-liquids, mud, including hazardous waste inseparable
by simple mechanical removal processes, and is made up primarily of
natural material is immediately captured within a fully enclosed,
above-ground containment tank.
(x)
Private roads and drill sites.
Prior to the commencement
of any drilling operations, all private roads used for access to the
drill site and the operation site itself shall be at least twenty-six
feet (26') wide, have an overhead clearance of fourteen feet (14')
and shall be an all-weather hard surface and maintained to prevent
dust, mud and rutting. In particular cases these requirements governing
surfacing of private roads may be altered at the discretion of the
municipal services department 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 operation; the purpose
for which the property of such owners is or may be used; topographical
features; nature of the soil; and exposure to wind. The minimum approach
shall be concrete for fifty (50) feet and have a minimum turn radius
of twelve (12) feet on the approach.
(y)
Salt water wells.
No salt water disposal wells shall
be located within the city.
(z)
Signs.
(1)
A sign shall be immediately and prominently displayed at the gate
on the temporary and permanent site fencing erected pursuant to this
article. Such sign shall be durable material, maintained in good condition
and, unless otherwise required by the commission, shall have a surface
area of not less than sixteen (16) square feet with contrasting lettering
not less than four inches (4") tall and shall be lettered with the
following:
(2)
Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED”
in both English and Spanish shall be posted immediately upon completion
of the well site fencing at the entrance of each well site and tank
battery or in any other location approved or designated by the fire
department of the city. Sign lettering shall be four inches (4") in
height and shall be red on a white background or white on a red background.
Each sign shall include the emergency notification numbers of the
fire department and the operator, well and lease designations required
by the commission.
(aa)
Storage of equipment.
On-site storage is prohibited
on the operation site. No equipment shall be stored on the drilling
or production operation site, unless it is necessary to the everyday
operation of the well. Lumber, pipes, tubing and casing shall not
be left on the operation site except when drilling or well servicing
operations are being conducted on the site. No vehicle or item of
machinery shall be parked or stored on any street, right-of-way or
in any driveway, alley or upon any operation site which constitutes
a fire hazard or an obstruction to or interference with fighting or
controlling fires. The fire department shall be the entity that determines
whether equipment on the site shall constitute a fire hazard. No refinery,
processing, treating, dehydrating or absorption plant of any kind
shall be constructed, established or maintained on the premises. This
shall not be deemed to exclude a conventional gas separator or dehydrator.
(bb)
Storage tanks.
All tanks and permanent structures shall conform to the API specifications unless other or additional specifications are approved by the fire department. All storage tanks shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be a minimum of three feet (3') in height and one and one-half (1-1/2) times the contents of the largest tank in accordance with the fire code, and buried at least one foot (1') below the surface. Drip pots shall be provided at the pump-out connection to contain the liquids from the storage tank. All tanks shall be set back pursuant to the standards of the commission and the National Fire Protection Association. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. No meters, storage tanks, separation facilities, or other above-ground facilities, other than the well head and flow lines, shall be placed in a floodway identified by FEMA on the most current FIRM. Meters, storage tanks, separation facilities, or other above-ground facilities proposed in the floodplain shall be outside of the floodway and shall comply with the requirements for development in the city code, chapter 58 [article 3.12]: “Flood Damage Prevention.”
(cc)
Tank battery facilities.
Tank battery facilities shall
be equipped with a remote foam line and a lightning arrestor system.
(dd)
Surface casing.
Surface casing shall be run and set
in full compliance with the applicable rules and regulations of the
commission.
(ee)
Valves.
Each well must have a shut-off valve to terminate
the well’s production. The fire department shall have access
to the well site to enable it to close the shut-off the valve [sic]
in an emergency.
(ff)
Waste disposal.
Unless otherwise directed by the commission,
all tanks used for storage shall conform to the following: The operator
must use portable closed steel storage tanks for storing liquid hydrocarbons.
Tanks must meet the API standards. All tanks must have a vent line,
flame arrester and pressure relief valve. All tanks must be enclosed
by a fence applicable to the issued permit classification. Drilling
mud, cuttings, liquid hydrocarbons and all other field waste derived
or resulting from or connected with the drilling, reworking or deepening
of any well shall be discharged into an above-ground self-contained
tank, or, after authorization by the city manager or city manager’s
designee, a lined pit. All disposals must be in accordance with the
rules of the commission and any other appropriate local, state or
federal agency. Unless otherwise directed by the commission and approved
by the gas inspector waste materials shall be removed from the site
and transported to an off-site disposal facility not less often than
every thirty (30) days. Water stored in on-site tanks shall be removed
as necessary. All waste shall be disposed of in such a manner as to
comply with the applicable federal and state air and water pollution
control regulations, this article and any other applicable ordinance
of the city.
(gg)
Watchperson.
The operator must keep a watchman or security
personnel on-site during the drilling or re-working of a well when
other workmen are not on the premises.
(hh)
Installation of pipelines on, under or across public property.
The operator shall apply to the city for a right-of-way use
agreement on, over, under, along or across the city streets, sidewalks,
alleys and other city property for the purpose of constructing, laying,
maintaining, operating, repairing, replacing and removing pipelines.
The operator shall:
(1)
Not interfere with or damage existing water, sewer or gas lines or
the facilities of public utilities located on, under or across the
course of such rights-of way. The operator shall be responsible for
the repair of any existing water, sewer or gas lines damaged as a
result of use of the right-of-way.
(2)
Furnish to the city manager, or the city manager’s designee,
a site plan showing the location of such pipelines.
(3)
Construct such lines out of pipe in accordance with the city codes
and regulations.
(4)
Grade, level and restore such property to the same surface condition,
as nearly as practicable, as existed prior to the laying of the pipeline.
(ii)
Public streets.
No permit shall be issued for any well
to be drilled within any of the streets or alleys of the city and/or
projected streets or alleys shown by the current comprehensive plan
of the city, and no street or alley shall be blocked or encumbered
or closed due to any exploration, drilling or production operations
unless prior written consent is obtained from the city manager or
the city manager’s designee. Any consent from the city manager
or the city manager’s designee shall be temporary in nature
and state the number of hours and/or days that any street or alley
may be blocked, encumbered or closed. The site must not conflict with
the city’s thoroughfare plan.
(jj)
Vehicle routes for gas well permits.
Vehicles associated
with drilling and/or production in excess of three (3) tons shall
be restricted to state arterials, and where local access is required,
to those arterials, collectors or commercial routes designated on
the city’s thoroughfare plan and shall be identified on the
site plan submitted as part of the specific use permit.
(kk)
Work hours for gas well permits.
Site development, other than drilling, [or] fracturing, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between the above same work-hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request an exception from work hours and days from the city council, pursuant to section 4.09.019 of this article, or be set forth in the specific use permit as a condition of approval.
(ll)
Noise restrictions for gas well permits.
A noise management
plan shall be submitted with the specific use permit and shall constitute
a condition of approval. In addition to any restrictions or requirements
set forth in the specific use permit, the following restrictions shall
apply:
(1)
During drilling, re-drilling or re-working, and flaring no on-site
activity shall produce a sound level greater than seventy-eight (78)
dB(A) when measured at a distance of three hundred feet (300') from
the drilling equipment in question.
(2)
During fracturing, no on-site activity shall produce a sound level
greater than eighty-five (85) dB(A) when measured at a distance of
three hundred feet (300') from the drilling equipment in question.
(3)
During production, no on-site activity shall produce a sound level
greater than sixty-five (65) dB(A) when measured at a distance of
three hundred feet (300') from any on-site equipment in question.
(4)
Sound level measurements shall be made with a sound level meter conforming
as a minimum, to the requirements of the American National Standards
Institute (ANSI).
(5)
If sound levels exceed the dB(A) levels referenced in this subsection,
the gas inspector may require additional sound reducing techniques
and devices including, but not limited to, sound-reducing mufflers,
including but not limited to hospital grade mufflers on equipment.
(mm)
Tank specifications for gas well permit.
All tanks and
permanent structures shall conform to the API specifications unless
other specifications are approved by the fire department. The top
of the tanks shall be no higher than twelve feet (12') above the terrain
surrounding the tanks.
(Ordinance O-18-08 adopted 6/16/08)
(a)
Throughout
the entire exploration, drilling, and production process there shall
be screening improvements (fences, walls, berms and landscaping) required
during each phase of the process, including but not limited to the
following; provided however, additional landscaping, buffers and noise
barriers may be included as conditions of approval of the specific
use permit.
(1)
Rig-up exploration through completion (drilling phase) to production.
Once the pad site is prepared, a temporary chain-link fence
with all-weather screening fabric at least six feet (6') in height
shall be established around the entire operation site to obscure view
of the gas drilling activities. The temporary fence shall remain standing
and in a serviceable condition throughout this phase. A secured entrance
gate shall be required. All gates are to be kept locked when the operator
or his or her employees are not within the enclosure. A “Knox
Padlock” or “Knox Box with a key” shall be provided
to access the well site to be used only in case of an emergency. Once
drilling of the hole is complete, the operator shall install a permanent
masonry wall within 90 days if no further work is to be accomplished.
(2)
Completion through abandonment (production phase).
Once
gas has entered the pipeline, the production phase begins and a masonry
wall with landscaping shall be required to enclose and visually screen
the well and all associated equipment. An earthen berm may also be
required. The masonry walls, berms, and landscaping shall be in compliance
with standard engineering and design practices and shall meet the
following minimum requirements:
(A)
The masonry wall material and design shall be generally compatible
with the design of similar facilities, buildings and structures on
and/or adjacent to the site; and
(B)
Masonry walls shall be at least eight feet (8') in height.
(C)
Masonry walls shall be placed upon earthen berms in order to prevent
viewing of the well and associated equipment from a public street,
playground, competition athletic field or picnic area within a public
park, existing residences and residentially zoned undeveloped property
contiguous to the well site where practicable as determined by the
city manager or city manager’s designee. However, the above-mentioned
berms shall not be required unless needed to augment the height of
an eight-foot (8') masonry wall in order to prevent the viewing of
the well or any associated equipment from the above items.
(D)
All landscape improvements shall be maintained in an attractive and
healthy state by the applicant and/or operator so as to ensure the
effective visual screening of the site throughout its use for gas
production and associated activities.
(E)
Screening shrubs and trees shall be evergreen species and shall be
installed in conjunction with the required masonry walls and/or berms
in order to supplement both the visual screening and noise mitigation
of the well site and associated equipment. Screening shrubs shall
be a minimum of five feet (5') in height at planting, having the potential
to grow to a mature height of at least eight feet (8'), be planted
on four-foot (4') centers and must have an irrigation system that
provides total water coverage to all plant materials. Screening trees
shall be planted on twenty-foot (20') centers. Trees must be a minimum
of three-inch (3") caliper at time of planting and be irrigated as
above. All screening shrubs and trees will comply with a list of shrubs
and trees approved by the city council. Plans for landscape and irrigation
shall be submitted to the planning and development department for
approval.
(b)
Gate specifications.
All temporary fences and masonry
walls shall be equipped with at least one (1) gate. The gate shall
meet the following specifications:
(1)
Each gate shall be not less than twelve feet (12') wide and be composed
of two (2) gates, each of which is not less than six feet (6') wide,
or one (1) sliding gate not less than twelve feet (12') wide. If two
(2) gates are used, gates shall latch and lock in the center of the
span;
(2)
The gates shall be of chain-link construction, with all-weather screening
fabric, that meets the applicable specifications, or of other approved
material that, for safety reasons, shall be at least as secure as
a chain-link fence;
(3)
The gates 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; and
(4)
The operator must provide the fire department with a “Knox
Padlock” or a “Knox Box with a key” to access the
well site to be used only in case of an emergency.
(5)
At each gate there shall be a sign that reads “No Trespassing.”
(Ordinance O-18-08 adopted 6/16/08)
(a)
Clean-up after well servicing.
After the well has been
completed or plugged and abandoned, the operator shall clean the drill
site or operation site, complete restoration activities and repair
all damage to public property caused by such operations within sixty
(60) days.
(b)
Clean-up after spills, leaks and malfunctions.
After
any spill, leak or malfunction, the operator shall remove or cause
to be removed to the satisfaction of the fire department and the gas
inspector all waste materials from any public or private property
affected by such spill, leak or malfunction. Clean-up operations must
begin immediately. If the owner fails to begin site clean-up within
twenty-four (24) hours, the city shall have the right to contact the
commission in order to facilitate the removal of all waste materials
from the property affected by such spill, leak or malfunction.
(c)
Painting.
All production equipment shall be painted
and maintained at all times, including wellheads, pumping units, tanks,
and buildings or structures. When requiring painting of such facilities,
the gas inspector 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. Neutral colors shall include
sand, gray and unobtrusive shades of green, blue and brown, or other
neutral colors approved by the planning and development department.
(d)
Blowouts.
In the event of the loss of control of any
well, the operator shall immediately take all reasonable steps to
regain control regardless of any other provision of this article and
shall notify the gas inspector and fire department as soon as practicable.
The gas inspector shall certify in writing, briefly describing the
same, to the city manager. If the city manager, in his opinion, believes
that danger to persons and property exists because of such loss of
well control and that the operator is not taking or is unable to take
all reasonable and necessary steps to regain control of such well,
the city may then employ any well control expert or experts or other
contractors or suppliers of special services, or may incur any other
expenses for labor and material which the city deems necessary to
regain control of such well. The city shall then have a valid priority
lien against the interest in the well of all working interest owners
to secure payment of any expenditure made by the city pursuant to
such action of the gas inspector in gaining control of said well.
(Ordinance O-18-08 adopted 6/16/08)
(a)
Surface requirements for plugged and abandoned well.
Whenever abandonment occurs pursuant to the requirements of the commission,
the operator so abandoning shall be responsible for the restoration
of the well site to its original condition as nearly as practicable,
in conformity with the regulations of this article.
(b)
Abandonment
shall be approved by the city manager or city manager’s designee,
after restoration of the drill and/or operation site has been accomplished
in conformity with the following requirements at the discretion of
the city manager or the city manager’s designee:
(1)
The derrick and all appurtenant equipment thereto shall be removed
from the site;
(2)
All tanks, towers, and other surface installations shall be removed
from the site;
(3)
All concrete foundations, piping, wood, guy anchors and other foreign
materials regardless of depth, except surface casing, shall be removed
from the site, unless otherwise directed by the commission;
(4)
If any soil was contaminated, it shall be removed from the site in
accordance with city, state and federal regulations;
(5)
All holes and depressions shall be filled with clean, compactable
soil;
(6)
All waste, refuse or waste material shall be removed from the site;
and
(7)
During abandonment, the operator shall comply with all applicable
sections in this article.
(c)
Abandoned well requirements.
The operator shall furnish
the following to the gas inspector:
(1)
A copy of the approval of the commission confirming compliance with
all abandonment proceedings under the state law; and
(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 dates so stated.
(d)
Abandonment requirements prior to new construction.
All abandoned or deserted wells or drill sites shall meet the most
current abandonment requirements of the commission prior to the issuance
of any building permit for development of the property. No structure
shall be built over an abandoned well.
(e)
The
operator can only abandon a well if the city manager or the city manager’s
designee has reviewed and approved the abandonment.
(Ordinance O-18-08 adopted 6/16/08)
The city may from time to time employ a technical advisor or
advisors who are experienced and educated in the gas industry or the
law as it pertains to gas matters. The function of such advisor(s)
shall be to advise, counsel or represent the city on such matters
relating to gas operations within the city as the city may want or
require and the effect thereof, both present and future, on the health,
welfare, comfort and safety of the citizens of the city. In the event
such technical advisor(s) is (are) employed for the purpose of advising,
counseling or representing the city relative to an operator’s
unique and particular set of circumstances, case or request relating
to this article, then the cost for such services of such technical
advisor(s) shall be assessed against and paid for by such operator
in addition to any fees or charges assessed pursuant to this article.
Prior to the employment of a technical advisor, the city shall inform
the operator of the intended scope of work and the estimated costs
and expenses. The employment of a technical advisor shall be approved
by the city council.
(Ordinance O-18-08 adopted 6/16/08)
(a)
The
city council shall hear and decide appeals of orders, decisions, or
determinations made by the city manager, or the city manager’s
designee, relative to the application and interpretation of this article.
(b)
The city council shall decide by majority vote requests for deviations specifically authorized by this article, such as distance of drilling sites from certain structures and improvements, and hours of operation. The city council is likewise authorized to decide by majority vote requests for deviations from landscape and screening requirements. Relevant considerations in determining whether such requests should be granted include the nature and remoteness of the site, the wishes of the owner(s) of the immediately adjacent property impacted by the request, and any proposed measures to offset the impact of the request. The city council may impose restrictions to offset the impact of the requests. Requests shall be in writing stating the rationale for the deviation and shall be accompanied by a filing fee in the amount established in section 4.09.020 of this article.
(c)
(1)
The city council shall have and exercise the authority to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a gas well permit or the revocation or suspension of any permit issued hereunder, and as provided by this article. Any person or entity whose application is denied by the city manager or the city manager’s designee, or whose permit is suspended or revoked,may file an appeal to the city council. Such appeal shall be in writing, specifying the error or abuse of discretion and shall be accompanied by a filing fee in the amount established in section 4.09.020 of this article. The city council may request additional information and take testimony from fact and expert witnesses.
(2)
The city council shall review the appeal and any other related information.
The city council in deciding appeals regarding the issuance of a gas
well permit or its revocation or suspension shall consider the grounds
for the action appealed from and whether an error of fact or in interpretation
of these regulations occurred. The city council may reverse or modify
the action appealed from by a majority vote. The only basis for a
reversal or modification shall be error in applying these regulations;
hardship shall be irrelevant.
(3)
Appeals of any condition of the specific use permit shall be in accordance
with the provisions of the zoning ordinance as it exists and as it
may be amended.
(d)
Notice
shall be provided of the date, time and place of a hearing for each
request for a deviation and appeal by mailing such notice to the owner
of record of each parcel of property located within six hundred feet
(600') of the well within the city and to the city secretary of each
city within such distance. Such notice shall be mailed at least ten
(10) days prior to such hearing.
(e)
Judicial review of council decisions on appeals.
(1)
Any of the following persons may present to a district court of Dallas
and Ellis County, Texas, a verified petition requesting that a writ
of certiorari be issued stating that the decision of the city council
is illegal in whole or in part and specifying the grounds of the illegality:
(2)
The petition must be received for filing by the clerk of the district
court within 10 days after the date the decision is made by the city
council.
(3)
On the presentation of a verified petition meeting the foregoing
requirements, the court may grant a writ of certiorari directed to
the city council to review the city council’s decision. The
writ must indicate the time by which the council’s return must
be made and served on the petitioner’s attorney, which must
be after 10 days and may be extended by the court. Granting of the
writ does not stay the proceedings on the decision under appeal, but
on application and after notice to the city council the court may
grant a restraining order if due cause is shown.
(4)
The city council’s return must concisely state any pertinent
and material facts that show the grounds of the decision under appeal.
The council is not required to return the original documents on which
the council acted but may return certified or sworn copies of the
documents or parts of the documents as required by the writ.
(5)
If after receiving the return the court determines that there is
substantial evidence in such return to constitute grounds for reasonable
persons to differ as to whether the action of the city council in
denying the appeal was lawful, the court shall affirm the decision.
If the court finds that there is insufficient information contained
in such return to make such a determination, and that testimony is
necessary for the proper disposition of the matter, it may take evidence
or appoint a referee to take evidence as directed. The referee shall
report the evidence to the court with the referee’s findings
of fact and conclusions of law. The referee’s report constitutes
a part of the proceedings on which the court shall make its decision.
(6)
The court may reverse or affirm, in whole on in part, or modify the
decision that is appealed. Costs shall not be assessed against the
city council.
(Ordinance O-18-08 adopted 6/16/08)
(a)
For
services rendered, the following schedule of fees and charges is hereby
adopted:
(1)
New gas well permit: $6,500.00 ea.
(2)
Amended permit: $540.00.
(3)
Extended permit: $270.00.
(4)
Supplemental permit: $180.00.
(5)
Operator transfer: $720.00.
(6)
Seismic site inspection: $360.00.
(7)
Seismic test of city property: Fee determined by city council.
(8)
Annual inspection fee (per well): $1,000.00.
(9)
Appeal to city council fee: $500.00.
(10)
Request to city council for deviation: $500.00.
(b)
The
city council or city manager shall pass through the actual cost of
any non-employee expert deemed necessary to advise or provide a service
to the city to protect the health, safety and welfare of the citizens
of the city.
(c)
No
blanket well permits will be issued.
(Ordinance O-18-08 adopted 6/16/08)
(a)
It
shall be unlawful and an offense for any person to intentionally or
knowingly:
(b)
Any
violation of this article shall be punished by a fine not exceeding
two thousand dollars ($2,000.00) per violation per day, subject to
applicable state law. Each day that a violation exists shall constitute
a separate offense.
(c)
The
penalty provided herein shall be cumulative of other remedies provided
by state law, including but not limited to, the recovery of civil
penalties under subchapter B, chapter 54, of the Texas Local Government
Code. The city may institute any appropriate action or proceeding
in a court of competent jurisdiction to enjoin the violation of this
article. The power of injunction may be exercised in enforcing this
article whether or not there has been a criminal complaint filed.
(Ordinance O-18-08 adopted 6/16/08)
