(a)
Gas well pad site permit.
A gas well pad site permit obtained from the city will be considered as a permit for land use, as established in the permitted uses table 4A contained in section 84-84 of this Code.
(b)
“Blanket” gas well pad site permit.
The operator may apply for and obtain a “blanket” gas well pad site permit for more than one well, if multiple wells are located on the same gas well pad site as defined by the permit application.
(c)
Termination and extension of permit.
A gas well operations permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the issuance of the gas well operations permit. Drilling must commence within 180 days from the date of the issuance of the gas well pad site permit or at least one well under said permit as described in subsection (b) in order to maintain the validity of the gas well pad site permit for the multiple wells.
(d)
Requirements for notification of drilling related activities.
Any person who intends to re-work a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion or other exploration activities, shall give written notice to the planning and development department and the inspection services provider(s) no less than ten days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including 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 24-hour phone number of the person conducting the activities. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address and 24-hour phone number of the person conducting the activities. If the inspection services provider(s) determines that an inspection is necessary, the operator will pay the city for the inspection.
(e)
Drilling operations.
A person wanting to engage in and operate gas production activities on public or private property shall apply for and obtain a gas well operations permit under this chapter. It shall be unlawful for any person acting either for himself or acting as 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 operations permit issued by the city in accordance with this chapter. The operator must apply for and obtain a gas well operations permit for the drilling, re-drilling, deepening, re-entering, activating or converting of each well on public or private property. Such activities include, but are not limited to initial site preparation, construction of rigs or tank batteries, fracturing and pressurizing, 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.
(f)
Wire line logging notification requirements.
A minimum of ten days prior to this event written notification shall be made to and a written acknowledgement received from the fire marshal. Appropriate permits related to the operation must be obtained from the fire marshal’s office. Once approved, the operator shall notify the office of the fire marshal by phone a minimum of 72 hours prior to the commencement of the event. A plan must be submitted and approved for the transportation route of any explosives or radioactive materials to be used, and the transporting vehicles must follow that route. An onsite inspection may take place once the items have been delivered and prior to their use. Proper signage shall be posted for the procedure. It is recognized that these events may take place over a period of time. The written notification should cover the period of time these events are anticipated. Notification to the office of the fire marshal must be made prior to each instance when radioactive or explosive materials will be brought on site. All appropriate permits for any explosive or radioactive materials must be obtained from the fire marshal prior to any such products being brought into the city.
(g)
Perforating notification requirements.
Ten days prior to this event written notification shall be provided to the fire marshal. Perforating requires the approval of the fire marshal. Once the perforating schedule is approved, the operator shall notify the office of the fire marshal a minimum of three business days prior to the commencement of the event. A plan must be submitted and approved for the transportation route of any explosives or radioactive materials to be used, and the transporting vehicles must follow that route. An on-site inspection will take place once the items have been delivered and prior to their use. Proper signage shall be posted for the procedure. All appropriate permits for any explosive or radioactive materials must be obtained from the fire marshal prior to any such products being brought into the city.
(h)
Requirements for fracture stimulation operations.
The following requirements shall apply to all fracture stimulation operations performed on any well:
(1)
At least 72 hours before operations are commenced, the operator shall post a sign at the entrance of the well site advising the public of the date the operations will commence;
(2)
A watchman shall be required at all times during such operations; and
(3)
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.
(i)
Abandoned wells.
An expired gas well operations permit or an existing active permit for a well that has been abandoned shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new gas well operations permit in accordance with the provisions of this chapter if the operator is re-entering and drilling an abandoned well. In the event of a dispute over the status of an “abandoned” well, the city manager will determine, after consulting with the inspection services provider(s), if the well is “abandoned” and the determination of the city manager shall be final.
(j)
New or supplemental permit.
A new or supplemental permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening or converting such well to a depth or use other than that set forth in the then current gas well operating permit for such well.
(k)
Other permits required.
The gas well pad site and gas well operations permits required by this chapter are in addition to, and are not in lieu of, any permit which may be required by the Unified Development Code or any other provision of this chapter, other requirements of this Code or by any other governmental agency. It is the intent of this section to clarify that no building or structure shall be erected, altered, enlarged, demolished or otherwise built, modified or removed without a permit from the city manager or their designee. It shall also be the responsibility of any person, firm or corporation to register as a general contractor with the city and obtain a building permit for any work that will require a permit. This includes, but is not limited to, construction of gates, fences, plumbing, irrigation, electricity, roadways, flow lines, gathering lines, tank batteries and buildings. Fees for work to be performed will be assessed in accordance with the city fee schedule.
(l)
Floodway/floodplain.
A gas well pad site permit and gas well operations permit may be issued for any well to be drilled within any floodplain or floodway identified by FEMA on the most current flood insurance rate maps (FIRM) if the following conditions have been achieved:
(m)
Ordinance in full effect.
By acceptance of any gas well pad site permit or gas well operations permit issued pursuant to this chapter, the applicant/operator/property owner expressly stipulates and agrees to be bound by and comply with the provisions of this chapter. The terms of this chapter shall be deemed to be incorporated in any gas well permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such gas well permit.
(n)
Streets and alleys.
No gas well operations 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, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the inspection services provider(s) and the city using the street closure process in place through the city engineering department.
(Ordinance 1852, § 1, 6-23-09)