(a)
Oil and
Gas Pipeline Permit Required.
(1)
It
shall be unlawful for any person, acting either for himself or as
an agent, employee, independent contractor or servant of any other
person to commence to construct, install, operate or reconstruct a
pipeline or any section of a pipeline or to operate any pipeline or
to assist in the construction, installation, operation or reconstruction
of a pipeline if a lawful oil and gas pipeline permit has not been
obtained.
(2)
Any
applications to construct, lay, rework, wrap or otherwise lower or
replace existing pipelines or install monitoring or recovery wells
shall be submitted to the town in a form prescribed by the town.
(3)
Each
application for an oil and gas pipeline permit shall be accompanied
by the application fee as set forth in the town’s fee schedule
and by fourteen (14) sets of plans showing the dimensions and locations
of the pipelines and related items or facilities within the subject
right-of-way or easement, as well as all proposed lift stations, pumps
or other service structures related to such pipeline and the location,
type, and size of all existing utilities, drainage, right-of-way,
and roadway improvements.
(4)
Within
fifteen (15) days after the date of filing of said application and
plans, the town shall send notice to the applicant as to whether the
application will be accepted for processing and the total charge due.
If the application is rejected, reasons for rejection of the application
shall be provided in writing.
(b)
No pipeline
for the transportation of gas, oil or hydrocarbons from wells to be
drilled shall be constructed or laid except on rights-of-way or easements
owned by the owners or operators of wells or upon designated drilling
tracts and upon rights-of-way or easements necessary to connect future
well sites to present lines.
(c)
In order
to enable the holder of each permit to move gas, oil, water or other
products to or from the location of a well, the holder of each permit
shall apply to the town for an easement on, over, under, along or
across the town streets, sidewalks, alleys, and other town property
for the purpose of constructing, laying, maintaining, operating, repairing,
replacing, and removing pipelines so long as production or operations
may be continued under any permit issued pursuant to this article;
provided, however, such permittee 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 right-of-way.
(2)
Furnish
to the town secretary a plat showing the location of such pipelines
for the transport of gas, oil or hydrocarbons. Said plat shall conform
to the town’s standards for oil and gas well development plats.
(3)
Construct
such lines or cause same to be constructed out of new pipe, and properly
cased and vented if under a street. The town engineer may approve
alternatives to casing and venting under a street provided that the
alternative design and construction provides an equivalent or higher
standard of construction than casing and venting.
(4)
Grade,
level, and restore such property to the same surface condition, as
nearly practicable, as existed when operations were first commenced.
(d)
Pipeline
trenches shall be backfilled and pipelines shall be constructed so
as to maintain a minimum depth of thirty-six (36) inches below the
finished grade.
(e)
In all
cases in which residential lots in a proposed subdivision are crossed
or come by or come within one hundred (100) feet of any existing oil
or gas pipeline or pipeline easement, the subdivider shall, prior
to and as a condition of town approval of the subdivision, execute
the following waiver and hold harmless agreement, which shall be duly
acknowledged in the manner provided by law, and which shall thereafter
be recorded in the appropriate deed or other permanent county records:
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“Subdivider, by and through its
duly undersigned and authorized officer, does hereby state that it
fully realizes that it is applying for a permit from the Town of Double
Oak to build within one hundred (100) feet of an existing oil or gas
pipeline or pipeline easement, and that the Town of Double Oak considers
building near such pipeline or pipeline easement to have certain inherent
dangers, including, but not limited to, explosion and release of noxious,
toxic and flammable substances. For the aforementioned reasons, (Subdivider) does hereby RELEASE and agrees to forever
HOLD HARMLESS the Town of Double Oak, Texas, its officers, successors
and assigns from all liability in any way arising from the building,
use or habitation of structure described in the said permit.”
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(f)
In all
cases in which residential lots in a proposed subdivision are crossed
or come by or come within one hundred (100) feet of any existing oil
or gas pipeline or pipeline easement, the subdivider shall provide
a note on the face of the preliminary plat and final plat stating
that the subdivision is crossed or is located within one hundred (100)
feet of an existing oil or gas pipeline.
(Ordinance 05-10 adopted 3/7/05)
(a)
At least
forty-five (45) days prior to the scheduled commencement of the construction
of a new pipeline, the pipeline owner or operator shall submit an
application for an oil and gas pipeline permit to the town pursuant
to its intention to construct the pipeline and shall submit the following
information:
(1)
The
name, business address, and telephone numbers of the pipeline owner.
(2)
The
names, titles, and telephone numbers of the following:
(3)
The
origin point and the destination of the segment of the pipeline to
be constructed.
(4)
A description
of the substance to be transported through the pipeline.
(5)
A copy
of the substance material safety data sheet (MSDS).
(6)
The maximum allowable operating pressure on the pipeline, not to exceed three hundred (300) pounds per square inch as specified by subsection (k), as determined according to U.S. Department of Transportation and Texas Railroad Commission procedures.
(7)
The normal operating pressure range of the pipeline, not to exceed three hundred (300) pounds per square inch as specified by subsection (k).
(8)
Engineering
plans, drawings and/or maps with summarized specifications showing
the horizontal pipeline location, pipeline covering depths, and location
of shutoff valves. (Location of shutoff valves must be known in order
for emergency responders to clear area for access valves.) To the
extent that information can be reasonably obtained, drawings shall
show the location of other pipelines and utilities that will be crossed
or paralleled within five (5) feet of the proposed pipeline.
(9)
A description
of the consideration given to matters of public safety and the avoidance,
as far as practicable, of existing inhabited structures and congregated
areas.
(10)
Detailed
cross section drawings for all public street right-of-way and easement
crossings.
(11)
The
design criteria under which the pipeline will be constructed with
specific reference to the state or federal design standard utilized.
(b)
Within
thirty (30) days following notification of the town, the town’s
development review committee and pipeline owner or operator shall
informally review for completeness and make technical comment on the
submitted new pipeline information. At that time, the development
review committee shall make comments relating to conditions or requirements
under the town revocable easements policy on the pipeline use of public
property.
(c)
At the time of notification to the town of the intent to construct the pipeline, the pipeline owner or operator shall give notice that the information provided in subsection (a) is available to the public. Notice to the public shall be made in the town’s official newspaper. Notice shall be provided in the public notice section of at least two (2) successive issues and include the following information:
(1)
General
description of the planned pipeline including, but not limited to,
the proposed materials or product to be conveyed through the pipeline;
(2)
Proposed
pipeline construction;
(3)
Type
of material to be used for the pipeline;
(4)
Pipeline
owner;
(5)
Pipeline
operator;
(6)
Location
of the pipeline(s);
(7)
Scheduled
location and time for new pipeline information; and
(8)
Scheduled
location and time for the public hearing.
(d)
Prior to the fifteenth (15th) day before the hearing date specified in subsection (c) above, the pipeline owner or operator shall provide written notice to each owner, as indicated on the most recently approved municipal tax roll, of real property within five hundred (500) feet of the centerline of the proposed pipeline site. The notice may be served by its deposit in the United States mail with notices being properly addressed and with postage paid. Said notice shall contain the same information specified in subsection (c) above.
(e)
The public may review the proposed pipeline information made available pursuant to subsection (c) for a period of fourteen (14) days following the publication of the first public notice and submit written, signed comments within such period to both the town and the pipeline owner or operator.
(f)
Within
twenty (20) calendar days of notification to the town of the intent
to construct a pipeline, the pipeline owner or operator shall conduct
a public information meeting. At this meeting the owner or operator
shall review the proposed construction and operation of the new pipeline.
(g)
Following the public review period, but not more than forty-five (45) days following notification to the town of the intent to construct a new pipeline, the pipeline owner or operator shall meet with the town’s development review committee to review any public comments. If there are no substantive, non-resolvable technical issues, the oil and gas pipeline permit shall be scheduled for a public hearing before the planning and zoning commission for recommendation of approval or denial to the town council. Within thirty (30) calendar days of action by the planning and zoning commission, a public hearing shall be scheduled before the town council for final approval or denial. In the event that all applicable federal, state, county, and local laws, standards, ordinances, and regulations are met, the town shall approve an oil and gas pipeline permit. If there are substantive, non-resolvable technical issues concerning matters that do not fall within the exclusive jurisdiction of the Texas Department of Transportation or the Texas Railroad Commission, an administrative hearing shall be held fourteen (14) days as provided in subsection (n) below.
(h)
An administrative hearing shall be conducted to seek resolution of any substantive, non-resolvable technical issues. The hearing shall be conducted before the pipeline review committee. A quorum of at least three (3) members must be present to conduct a hearing with at least one (1) of the members present at the hearing having emergency management expertise. The public hearing process before the planning and zoning commission and town council as specified in subsection (g) above shall commence within thirty (30) calendar days of the date of such hearing.
(i)
The town
council shall appoint a minimum of five (5) and a maximum of seven
(7) persons to the pipeline review committee two (2) of whom shall
have technical expertise in the construction, maintenance, or operation
of pipelines, at least one (1) of which shall have emergency management
experience, one (1) of which shall be a sitting town council member,
and one (1) of which shall be a sitting planning and zoning commissioner.
Each member of the pipeline review committee shall be appointed for
a term of two (2) years and until such time as his or her successor
is appointed. A maximum of two (2) members of the pipeline review
committee may be consultants hired by the town in order to provide
technical expertise in the construction, maintenance, or operation
of pipelines.
(j)
From time
to time the town may need to hire an independent study or analysis
of an application or petition to construct a new pipeline. The town,
upon approval by the town council after recommendation by the pipeline
review committee, shall engage a duly qualified independent consultant
or contractor to conduct such special study or analysis as required
to fully evaluate and act upon an application for a new pipeline.
Cost for said consultant or contractor shall be billed directly to
the applicant for all direct expenses to the town.
(k)
Construction,
repair and/or maintenance of all pipelines, gathering lines, and production
lines shall meet or exceed the minimum criteria established by the
statutory or regulatory requirements of the state and federal governments
for oil and gas pipelines.
(l)
Pipelines,
gathering lines and production lines shall not be designed or constructed
to operate at a pressure exceeding three hundred (300) pounds of pressure
per square inch nor shall said pipelines, gathering lines and production
lines be operated at a pressure greater than three hundred (300) pounds
of pressure per square inch.
(m)
Lines
subject to this article shall be constructed with an automated, pressure
monitoring system that detects leaks and shuts off any line or any
section of line that develops a leak. Said automated monitoring system
shall be keyed to the town’s emergency response providers in
order to provide them with immediate notice of any leak.
(n)
The pipeline
owner or operator shall give notice forty-eight (48) hours prior to
the commencement of pipeline construction to all residents and business
establishments that are located within six hundred (600) feet of the
proposed centerline of the pipeline.
(o)
Upon completion
of pipeline construction the pipeline owner or operator shall provide
the town with as-built or record drawings of the pipelines within
one hundred and twenty (120) calendar days. Accuracy of the as-built
or record drawings shall meet a survey level of one (1) foot to fifty
thousand (50,000) feet. The drawings shall also be supplied in a .DXF
digital file format with the location tied to one (1) nearby GPS (Global
Positioning System) town monument. If the new pipeline length exceeds
one thousand (1,000) feet within the town or its extraterritorial
jurisdiction, the pipeline shall be tied to at least two (2) GPS town
monuments.
(Ordinance 05-10 adopted 3/7/05)
In keeping with the Natural Gas Pipeline Safety Act of 1968,
CFR 192.614, Damage Prevention, 192.615 Emergency Plans, the Hazardous
Liquids Safety Act of 1979, 49 CFR, 195.408, Communications, 195.440,
Education, and the Community Right-to-Know Act:
(1)
Each pipeline
owner or operator shall maintain a public education program that is
communicated to residents and business establishments within six hundred
and sixty (660) feet of the centerline of a pipeline.
(2)
Pipeline information communicated per subsection (1) shall contain the following subjects:
(A)
Pipeline
location;
(B)
Material
transported within the pipeline;
(C)
Pipeline
markers;
(D)
How
to recognize a pipeline;
(E)
How
to report a pipeline emergency;
(F)
Contact
information regarding underground utility locations;
(G)
Additional
requirements for excavations near a home or business; and
(H)
Response
needs during a pipeline emergency, including instructions for sheltering
in the event of an emergency.
(3)
Public
education information shall be communicated at least annually in both
English and Spanish.
(Ordinance 05-10 adopted 3/7/05)
(a)
Each pipeline
owner or operator shall provide to the town secretary, the fire department,
and county sheriff’s office the name, mailing address, and telephone
number of at least two (2) primary persons, officers or contacts available
on a twenty-four-hour basis and at least two (2) alternative persons,
officers or contacts to be reached in the event that the primary contacts
are unavailable who:
(1)
Can
initiate appropriate actions to respond to an emergency;
(2)
Has
access to information on the location of the closest shutoff valve
to any specific point in the town or its jurisdiction; and
(3)
Can
furnish the common name of the material then being carried by the
pipeline.
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Any change in the above information must be provided to the
town by contacting the town secretary prior to such change.
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(b)
Every
owner or operator of a pipeline subject to this article shall be required
to present to the town council in a public hearing a safety report
and file with the town an annual verified safety report in letter
form on or before June 30 of each year to cover a reporting period
of June 1 through May 31. Said written safety report shall contain
the following information and said information shall be presented
to the town council by every owner or operator of a pipeline subject
to this article in the required public hearing before the town council:
(1)
A statement
that the pipeline has no outstanding safety violations as determined
in an inspection or audit by either the Texas Railroad Commission
and/or the U.S. Department of Transportation with regard to any pipeline
operating within the town or its jurisdiction. Alternatively, if there
are any safety violations as determined by the Texas Railroad Commission
and/or the U.S. Department of Transportation that have not been corrected,
these shall be described to the town with an action plan to correct
the safety violations. Said action plan shall include a timeline for
corrective action and the individual or firm responsible for each
action.
(2)
Evidence
that the pipeline owner or operator has current liability insurance
covering each respective pipeline in the minimum amount of five million
dollars ($5,000,000.00) or has a self-insured signed program, verified
by an independent certified public accountant, which program and verification
will be reviewed and judged to determine equivalency by the town.
Insurance carriers must be licensed to conduct business in the state
and possess at least an A+ rating by the A.M. Best Company.
(3)
A statement that the pipeline information specified in subsection (a) is correct. Alternatively, in the event that the required information on file with the town is no longer correct, updated or corrected information shall be submitted within five (5) calendar days of the change and the updated information shall be submitted with the annual safety report.
(4)
Owners
or operators of any unregulated pipeline who shall experience no reporting
responsibility to the Texas Railroad Commission or the U.S. Department
of Transportation, and who shall otherwise operate outside the safety
regulation of either of these agencies shall additionally provide
the following pertaining to the preceding reporting period of June
1 through May 31:
(5)
A log
of all the maintenance and monitoring activities conducted on all
lines subject to this article for the reporting period.
(6)
The
designated owner or operator shall submit the annual safety report
with respect to all pipelines. The safety report and verification
shall be executed by an officer or a person who is authorized to sign
such safety report letter and make verification. The prescribed form
of verification on the safety report letter shall read:
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Verification
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I, NAME, TITLE, of OWNER/OPERATOR, am authorized to make and
have made the foregoing annual safety report letter to the Town of
Double Oak for oil and gas pipelines. Any attachments made to this
letter are true and correct copies of originals and the information
provided in this letter is true and correct to the best of my knowledge
and is information based on the standard of inquiry and investigation
as would be made by a reasonably prudent pipeline owner or operator
within the Town of Double Oak or within the Town of Double Oak’s
jurisdiction.
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Signature of Officer or Person Authorized to Sign Letter
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STATE OF TEXAS
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COUNTY OF [Place Where Safety Letter is Prepared]
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The foregoing annual safety report letter was sworn to and subscribed
before me by (signatory of letter) on this __________ day of __________,
20_____.
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Signed:
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Notary Public for the State of Texas
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Printed Name: __________
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My Commission Expires: __________
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(7)
An
annual fee in the amount of one hundred dollars ($100.00) for administrative
costs shall be remitted by each owner or operator for each pipeline
on or before June 1 of each year with the annual safety report letter
as required herein.
(8)
A copy
of all initial or follow-up reports provided to the U.S. Department
of Transportation or the Texas Railroad Commission on unsafe pipeline
conditions, pipeline emergencies, or pipeline incidents within the
town’s jurisdiction must be filed concurrently with the town.
In addition, any initial or follow-up reports filed with state and
federal environmental regulatory agencies pertaining to pipeline releases
within the town’s jurisdiction that threaten to impact the environment,
public health or safety, must be filed concurrently with the town.
(9)
Upon
request the pipeline owner or operator shall provide the town other
documents for review that are required for submittal to or to be maintained
on file for the U.S. Department of Transportation and the Texas Railroad
Commission such as:
(A)
Operations and maintenance;
(B)
Employee training;
(C)
Annual inspection;
(D)
Repair records;
(E)
Operating records; and
(F)
Insurance.
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In the case of unregulated pipelines, the town may request any
such additional information that the town deems may be necessary to
the best interests of the town and to be necessary to protect the
public health, safety, and welfare.
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(Ordinance 05-10 adopted 3/7/05)
(a)
In accordance
with U.S. Department of Transportation and Texas Railroad Commission
requirements, pipeline owners or operators are to place and maintain
permanent line markers as close as practical over the pipeline(s)
at each crossing of a public street, utility easement or railroad.
Marker(s) will also be maintained along each pipeline that is located
above ground in an area accessible to the public. The markers shall
be of permanent type construction and contain labeling identifying
the:
(b)
No person
shall tamper with, deface, damage or remove any pipeline marker, except
the pipeline owner or operator.
(c)
Upon specific
written request of the owner of a residential property, the pipeline
owner or operator shall install temporary pipeline markers to reduce
the possibility of pipeline damage or interference.
(Ordinance 05-10 adopted 3/7/05)
(a)
The owner
or operator of any pipeline that transports gas, oil, liquids or hydrocarbons
that are located in the town’s jurisdiction shall belong to
a specifically designated underground utility coordinating system.
The pipeline owner or operator in consultation with the town shall
designate the coordinating system. The owner or operator of any pipeline
that transports gas, oil, liquids or hydrocarbons subject to this
section shall contract for services with the selected underground
utility coordinating system for a minimum of five (5) years unless
there is an agreement to change to an alternate system between the
town and the pipeline owners or operators. Said services shall be
maintained without interruption for the life of the oil and gas pipeline
permit. The selected underground utility coordinating system may be
different than the one used by the town for other underground utility
services.
(b)
Prior
to beginning any excavation, trenching or digging using powered equipment
or hand tools that may damage a pipeline, any person in the town’s
jurisdiction shall be required to contact all the appropriate underground
utility coordinating systems and determine if there are any pipelines
or public utilities in the vicinity of the proposed activities.
(c)
If physical
contact is made with a pipeline during any excavation, trenching or
digging, the pipeline company must be notified by the person or agency
making the physical contact with the pipeline for any necessary pipeline
inspection or repair.
(Ordinance 05-10 adopted 3/7/05)
(a)
Inactive
Pipelines.
(1)
All
reporting records specified in Section 4.504 of this article shall
be maintained on inactive pipelines.
(2)
Inactive
pipelines shall be purged of gas, hazardous liquids, and chemicals,
and physically isolated. These pipelines shall be maintained to prevent
deterioration.
(3)
The
means used to physically isolate the inactive pipeline shall be included
in the information retained on file with the town for reporting as
specified in Section 4.504 of this article.
(b)
Idled
Pipelines.
(1)
An
entry shall be made to the required reporting records as required
in Section 4.504 of this article that the pipeline has been idled.
(2)
Idled
pipelines shall be purged, disconnected from all sources or supplies
of gas, hazardous liquids, and chemicals, and capped or sealed at
the ends.
(3)
Reactivation
of idled pipelines shall require notification of the town pursuant
to the standards and requirements specified in Section 4.504 of this
article. Reactivation shall require pressure testing for integrity
and compliance with Texas Railroad Commission and/or U.S. Department
of Transportation regulations.
(Ordinance 05-10 adopted 3/7/05)
(a)
Each pipeline
owner or operator shall maintain written procedures to minimize the
hazards resulting from an emergency. These procedures shall at a minimum
provide for:
(2)
Effective
means to notify and communicate required and pertinent information
to local fire, police, and public officials during an emergency;
(3)
The
availability of personnel, equipment, tools, and materials as necessary
at the scene of an emergency;
(4)
Measures
to be taken to reduce public exposure to injury and probability of
accidental death or dismemberment;
(5)
Emergency
shut down and pressure reduction of a pipeline;
(6)
The
safe restoration of service following an emergency or incident;
(7)
A follow-up
incident investigation to determine the cause of the incident and
require the implementation of corrective measures.
(b)
Each pipeline
owner or operator shall meet annually with representatives of the
town to review emergency response plans. These reviews shall be in
accord with U.S. Department of Transportation and Texas Railroad Commission
requirements and the owner or operator will:
(2)
Review
the responsibilities of each governmental organization in response
to an emergency or incident;
(3)
Review
the capabilities of the pipeline owner or operator to respond to an
emergency or incident;
(4)
Identify
the types of emergencies or incidents that will result in or require
contacting the town; and
(5)
Plan
mutual activities that the town and the pipeline owner or operator
can engage in to minimize risks associated with pipeline operation.
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At this meeting, the town shall provide the pipeline owner or
operator with a list of additional contacts that should be made in
the event of a pipeline emergency or incident. The town will inform
the pipeline owner or operator of the emergency response groups that
will be contacted through 911.
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(c)
Upon discovery
of a pipeline emergency or incident, the following communications
are to be initiated by the affected pipeline owners or operators:
(1)
A general
description of the emergency or incident;
(2)
The
location of the emergency or incident;
(3)
The
name and telephone number of the person reporting the emergency or
incident;
(4)
The
name of the pipeline owner or operator;
(5)
Whether
or not any hazardous material is involved and identification of the
hazardous material so involved; and
(6)
Any
other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident.
(d)
The pipeline
owner or operator shall contact any other emergency response groups
that are necessary that may not be activated through the county 911
system.
(e)
The pipeline
owner or operator shall contact the county emergency planning committee
(DCEPC) no later than one (1) hour after the discovery of any incident.
(f)
Each pipeline
shall be constructed with an audible alarm system that will provide
an alarm to the general public in the event of a leak from any pipeline,
gathering or flowline subject to this article. Said audible alarm
system shall be of a type and design approved by the town.
(g)
Within
two (2) years of the effective date of the pipeline permit and every
two (2) years thereafter, the pipeline owner or operator shall conduct
an on-site, emergency drill that includes, but shall not be limited
to, the personnel operating the pipeline, local law enforcement personnel,
and officials of the town.
(Ordinance 05-10 adopted 3/7/05)
(a)
All repairs
and maintenance are to be performed in accordance with U.S. Department
of Transportation, Texas Railroad Commission mechanical integrity
requirements. This requirement applies to all pipelines covered by
this article, unregulated as well as those operating under federal
rules.
(b)
If non-emergency
repairs necessitate evacuation of the pipeline, prior notification
is required to occupants of business establishments and residential
dwellings located within three hundred (300) feet from the centerline
of the pipeline to be excavated; however, if non-emergency repairs
require excavation of a pipeline located within twenty-five (25) feet
of another pipeline prior notice obligations shall be expanded to
five hundred (500) feet.
(c)
Aboveground
non-emergency repairs that are not routine maintenance necessitate
prior notification to occupants of businesses and residential dwellings
located within six hundred (600) feet from the centerline of the pipeline
section to be repaired.
(d)
Without limitation of the methods of giving the notice required in subsection (b) and (c), the leaving of a written notice on the front door of a residence or business establishment or the posting of a written notice at the entry or four (4) corners of any recreational area or place of public assembly to be noticed shall be deemed in compliance with this section.
(e)
An annual
visual inspection of the interior of all lines subject to these standards
shall be conducted. Said visual inspection shall be conducted via
video camera commonly referred to as pigging or other such comparable
process approved by the town.
(Ordinance 05-10 adopted 3/7/05)
(a)
Nothing
in this article grants permission for the use of any street, way or
property of the town, and any such use shall be subject to the town
at its sole discretion.
(b)
Nothing
in this article shall be construed as an assumption by the town of
any responsibility of an owner or operator of a pipeline not owned
by the town, and no town officer, employee or agent shall have authority
to relieve an owner or operator of a pipeline from their responsibility
under this article or by any other law, ordinance or resolution.
(Ordinance 05-10 adopted 3/7/05)
All pipeline risers and all appurtenances related to pipeline
construction and operations composed of materials generally protected
or painted, shall be protected and painted and shall be repainted
at sufficiently frequent intervals to maintain same in good condition.
(Ordinance 05-10 adopted 3/7/05)
Any person, firm or corporation wishing to obtain a building
permit for the erection, construction, reconstruction or expansion
of any structure, of which any portion of such erection, construction,
reconstruction or expansion would occur within one hundred (100) feet
of an existing oil or gas pipeline or pipeline easement shall, prior
to and as a condition of the issuance of such building permit, execute
the following waiver and hold harmless agreement, which shall be duly
acknowledged in the manner provided by law, and which shall thereafter
be notarized and recorded in the appropriate deed or other permanent
county records:
“I, applicant, do hereby state,
on my oath, that I fully realize I am applying for a permit from the
Town of Double Oak to build within one hundred (100) feet of an existing
oil or gas pipeline easement; that I am fully aware of the dangers
inherent in building near such pipeline or easement, including, but
not limited to, explosion and release of noxious, toxic and flammable
substances; and, further, that I do hereby RELEASE and agree to forever
HOLD HARMLESS the Town of Double Oak, Texas, its officers, successors
and assigns from all liability in any way arising from the building,
use or habitation of the structure described in the said permit.”
(Ordinance 05-10 adopted 3/7/05)
(a)
The following
items shall be used in computing the use of any public street:
(1)
The
basic rate for the laying or construction of any line for the transportation
of any substance, solids, liquids or gases within the public right-of-way
or easement of the town shall be one dollar ($1.00) per lineal foot
of pipe up to and including six (6) inches in diameter, plus fifty
cents ($0.50) per inch of nominal diameter per lineal foot over and
above six (6) inches in diameter. This basic rate shall also apply
to road and street crossings.
(2)
The
rate for multiple lines on the same application for revocable easements
is to be calculated at the basic rate times the number of lines.
(3)
Rate charges shall not apply for vaults, valve boxes or similar appurtenances as such; however, lineal foot charges as prescribed in subsection (a)(1) hereof shall be computed continuously through any such structure along a straight centerline projection between the connection orifice(s) of a pipe in such structure.
(b)
The following
items shall be used in computing the use of right-of-way:
(1)
The
basic rate for the installation of each monitoring recovery well within
the town’s right-of-way shall be two hundred fifty dollars ($250.00)
for a well that is twelve (12) inches or less in diameter and twenty
(20) feet or less in depth, plus ten dollars ($10.00) per inch of
nominal diameter over and above twelve (12) inches in diameter and
ten dollars ($10.00) per foot of depth over twenty (20) feet in depth.
This basic rate will allow the monitoring of recovery well to remain
in place for up to two (2) years. The basic rate shall be increased
by one hundred dollars ($100.00) for each additional year authorized
in the permit agreement.
(2)
The
basic rate charged for use of any portion of the right-of-way that
will be used for any pipelines associated with a recovery well shall
be charged the same rate as the street rate for pipelines.
(3)
Rate charges shall not apply for vaults, valve boxes or similar appurtenances as such; however, lineal foot charges as prescribed in subsection (a)(1) hereof shall be computed continuously through any such structure along a straight centerline projection between the connection orifice(s) of a pipe in such structure.
(Ordinance 05-10 adopted 3/7/05)
(a)
Any pipeline
owner or operator subject to this article, who shall have failed to
comply with this article, shall be deemed to maintain a nuisance.
(b)
It shall
be a violation of this article for a person to knowingly make a misrepresentation
of any information to be reported pursuant to this article. It shall
also be a violation of this article if the person makes such misrepresentation
as a result of failure to exercise such due diligence of investigation
or inquiry, as would a reasonable prudent pipeline owner or operator
conducting business in the jurisdiction of the town.
(c)
Each violation
of any section, subsection or part of this article shall be a separate
offense. Each day of ongoing violation shall be a separate offense,
and shall carry with it a fine of not less than one thousand dollars
($1,000.00) per day nor more than two thousand dollars ($2,000.00)
per day.
(d)
The town
shall be entitled to injunctive relief in a court of appropriate jurisdiction
to prevent violation of or to compel compliance with this article.
(Ordinance 05-10 adopted 3/7/05)
In the event that a permit is issued for a pipeline or other
operations under this article, no actual operation shall be commenced
until the permittee shall file with the town secretary a bond and
a certificate of insurance as follows:
(1)
No person
shall begin the construction or operation of any pipeline until he
has filed with the town secretary a duly executed bond executed by
the applicant as principal with an A.M. Best A+ rated surety company
that is acceptable to the town and is licensed to conduct business
in the state as surety, payable to the town, and the policy shall
name the town as an additional insured and such surety company shall
maintain an A.M. Best A+ rating for the policy period. Said bond shall
include conditions that the applicant, his heirs, assigns and successors
will do the following:
(A)
Comply
with the terms and conditions of the application and this article
in the construction, operation and maintenance of the pipeline and
related structure(s).
(B)
That
all streets and sidewalks and all other public places and all public
utilities that may be injured or damaged in the operation will be
restored to their former condition.
(C)
That
all litter, machinery, buildings, trash, and waste used, accumulated
or allowed in the construction of any pipeline will be removed within
thirty (30) days of the completion of said construction.
(D)
That
all litter, machinery, buildings, trash, and waste used, accumulated
or allowed in the operation of any pipeline will be removed within
thirty (30) days of the completion of said operations.
(E)
Such
bond shall be in the sum of $1,000,000.00 and before the permit shall
be issued, the bond shall be approved by the town and filed with the
town secretary. Such bond shall become effective upon the granting
of the permit and shall remain in full force and effect until all
work under the terms of such permit has been completed. Such bond
may later be amended to include other pipelines, under provisions
of other applications, or other permits.
(2)
In addition to the bond required in subsection (1) above, each person desiring to construct a pipeline or to conduct any other work under the provisions of this article shall be required to carry public liability insurance with a carrier rated A+ or better by A.M. Best in a minimum amount of $1,000,000.00 for one person and $5,000,000.00 for one accident and property damage insurance in the amount of $10,000,000.00 for one accident, which shall remain in full force and effect and be carried so long as such pipeline is operated. A certificate of insurance shall be furnished annually by the permittee or the subsequent owner and operator of such pipeline showing that such insurance is and continues in effect.
(3)
Permittee
shall provide and maintain in full force and effect during the term
of its permit insurance with the following minimum limits:
(A)
Worker’s
compensation at statutory limits;
(B)
Employer’s
liability, including bodily injury by accident and by disease, for
$500,000.00 combined single limit per occurrence and a twelve-month
(12-month) aggregate policy limit of $1,000,000.00;
(C)
Commercial
general liability coverage, including blanket contractual liability,
products and completed operations, personal injury, bodily injury,
broad form property damage, operations hazard, pollution, explosion,
collapse and underground hazards for $5,000,000.00 per occurrence
and a twelve-month (12-month) aggregate policy limit of $10,000,000.00;
and
(D)
Automobile
liability insurance (for automobiles used by the permittee in the
course of its performance under the permit, including employer’s
non-ownership and hired auto coverage) for $2,000,000.00 combined
single limit per occurrence.
(4)
The town
shall adjust the above minimum liability limits every five (5) years
during the term of the permit to compensate for the effects of inflation
and with the objective to reestablish the value of coverage required
as of the effective date of this article.
(5)
Each policy
or an endorsement thereto, except those for worker’s compensation
and employer’s liability, shall name the town and its officers,
assigns, employees and agents as additional insured parties, but limited
to risks indemnified pursuant to this section. If any such policy
is written as claims-made coverage and the town is required to be
carried as an additional insured, then the permittee shall purchase
policy period extensions so as to provide coverage to the town for
a period of at least two (2) years after the last date that the permit
is in effect. No deductible shall exceed ten percent (10%) of the
minimum limits of liability or one percent (1%) of the consolidated
net worth of the permittee and its permitted affiliates, whichever
is greater.
(6)
Permittee
shall assume and bear any claims or losses to the extent of deductible
amounts and waives any claim it may ever have for the same against
the town and its officers, assigns, agents or employees in respect
of any covered event.
(7)
All such
policies and certificates shall contain an agreement that the insurer
shall notify the town in writing not less than thirty (30) days before
any material change, reduction in coverage or cancellation of any
policy. Permittee shall give written notice to the town within five
(5) days of the date upon which total claims by any party against
permittee reduce the aggregate amount of coverage below the amounts
required by the oil and gas pipeline permit.
(8)
Each policy
must contain an endorsement to the effect that the insurer waives
any claim or right in the nature of subrogation to recover against
the town, its officers, assigns, agents or employees.
(9)
Each policy
must contain an endorsement that such policy is primary insurance
to any other insurance available to the town as an additional insured
with respect to claims arising thereunder.
(Ordinance 05-10 adopted 3/7/05)
Any violation of the provisions of any or all sections of this
article shall be grounds for the termination of any oil and gas pipeline
permit. The termination of any oil and gas pipeline permit shall require
the immediate cessation of all operations subject to the permit and
shall require the pipeline owner or operator to reapply for a new
oil and gas pipeline permit in full accordance with the provisions
of this article.
(Ordinance 05-10 adopted 3/7/05)
The following words and terms, when used in these regulations,
shall have the following meanings, unless the context clearly indicates
otherwise.
Any person applying to the town for a permit and/or certificate
for an oil or gas pipeline permit.
Any structure used for providing, distributing, and selling
goods or services in commerce including, but not limited to hotels,
restaurants, bars, rental operations, and rental properties.
The Town of Double Oak Planning and Zoning Commission.
Causing or carrying out any building, bulk heading, filling,
clearing, excavation, or substantial improvement to land or the size
of any structure. Building includes, but is not limited to, all related
site work and placement of construction materials on the site. Filling
includes, but is not limited to, disposal of excavated materials.
Excavation includes, but is not limited to, scraping or grading a
site. Substantial improvements to land or the size of any structure
include, but are not limited to, creation of vehicular or pedestrian
trails and increasing the size of any structure.
Denton County, Texas.
Includes but is not limited to, a permanent easement or a
fee simple acquisition of land for a specific purpose.
The group of town officials as designated by the town that
are charged with the responsibility of meeting with applicants who
are submitting applications or petitions for zoning, platting, and
other development or land use related applications prior to the scheduling
of a public hearing. Development review committee meetings are for
the purpose of disclosing to an applicant(s) the technical issues
pertaining to their respective application(s) and to direct the applicant
to address technical deficiencies prior to a public hearing.
A pipeline associated with exploration for, production, and
gathering of oil and gas, provided that the pipeline is located no
farther than two (2) miles from the well being served.
The United States Federal Emergency Management Agency. This
agency administers the National Flood Insurance Program and publishes
the official flood insurance rate maps.
Structures suitable for human habitation including, but not
limited to, single or multifamily residences, hotels, condominium
buildings, and buildings for commercial purposes. Each building of
a condominium regime is considered a separate habitable structure,
but if a building is divided into apartments, then the entire building,
not the individual apartments, is considered a single habitable structure.
Additionally, a habitable structure includes porches, gazebos, and
other attached improvements.
As defined by the Texas Railroad Commission at 16 Texas Administrative
Code, Section 7.80. Definitions, shall mean petroleum or any petroleum
product, and any substance or material which is in a liquid state,
when transported by pipeline facilities and which has been determined
by the United States Secretary of Transportation to pose an unreasonable
risk to life or property when transported by pipeline facilities.
The term shall be enlarged to include liquified natural gas and anhydrous
ammonia should such materials at any time be introduced into any pipeline
subject of this article. It shall also include carbon dioxide, defined
at 49 CFR 192.2, as a fluid consisting of more than ninety (90) percent
carbon dioxide molecules compressed to a supercritical state.
A pipeline that has been inactive for at least five (5) years
even though there may be no specific plans to reactivate the pipeline.
A pipeline that has temporarily been taken out of service
for a period of at least six (6) months for hazardous materials or
hazardous liquids and one (1) year for natural gas with the expectation
that the pipeline may be reactivated within five (5) years even though
there may be no specific plans to reactivate the pipeline.
Shall include the area within the corporate boundaries of
the town and its extraterritorial jurisdiction as created under authority
of the Texas Local Government Code, Section 42.001, to promote and
protect the general health, safety, and welfare of persons residing
in the adjacent municipalities, and to define nuisance under authority
of the Texas Local Government Code, Section 217.042.
As referred to in Section 4.502, shall mean pipelines constructed
after the effective date of this article but shall not include:
Pipelines other than those subject to state and federal regulation.
Any person owning, operating, or responsible for operating
an oil or gas pipeline for the purpose of transporting oil, gas, or
other gasses or liquids related to the production of oil, gas or other
hydrocarbons.
Any person authorized to act under a permit or a certificate
issued by the town.
An individual, firm, corporation, association, partnership,
consortium, joint venture, commercial entity, the United States government,
a state, a municipality, commission, political subdivision, or any
international or interstate body or any other governmental entity.
All parts of those physical facilities through which gas,
hazardous liquids, or chemicals move in transportation, including,
but not limited to, pipe, valves, and other appurtenance attached
to pipe, compressor units, metering stations, pumping units, regulator
stations, delivery stations, terminals, holders, and fabricated assemblies
and breakout tanks whether or not laid in public or private easement
or public or private right-of-way within the city or its jurisdiction.
A pipeline incident in which any of the following has occurred
or is occurring:
Fire or explosion not initiated by the owner/operator as part
of its operations, (in accordance with accepted safety practices).
Release of a gas, hazardous liquid, or chemical that could adversely
impact the environment or health of individuals, livestock and/or
domestic animals, and wildlife, within the city or its jurisdiction.
Death of any person or individual directly attributable to the
operations of the pipeline.
Bodily harm of any person that results in loss of consciousness,
the need to assist a person from the scene of the incident, or the
necessity of medical treatment in excess of first aid.
Damage to private or public property not owned, by the pipeline
owner or operator in excess of five thousand dollars ($5,000.00) in
combined values.
The re-routing of traffic or the evacuation of buildings.
Excluded from this article are pipelines with normal operating
pressures below twenty (20) pounds per square inch gauge. Also exempted
are those pipelines that meet all of the following three (3) conditions:
The pipelines serve as private infrastructure to refineries/petrochemical
plants, and storage areas, and terminals;
The refinery/petrochemical plant infrastructure, storage area,
or terminal incorporating the pipeline(s) serves a manufacturing or
refining function exclusive to the respective refinery/petrochemical
plant; and
The pipeline is within the premises boundary of the refinery/petrochemical
plant, storage area, or terminal.
In determining what is practicable, the town council shall
consider the effectiveness, scientific feasibility, and commercial
availability of the technology or technique. The town council shall
also consider the cost of the technology or technique.
The equipment used to recover and move oil or gas from a
well to a main pipeline, or other point of delivery such as a tank
battery, and to place such oil or gas into marketable condition. These
facilities include, but are not limited to, pipelines used as gathering
lines, pumps, and tank batteries.
The entire width between the boundary lines of the street
right-of-way that is open to the use of the public for purposes of
vehicular travel.
That land dedicated by easement or by fee simple for the
use and construction of a street or roadway.
Includes, without limitation, any building or combination
of related components constructed in an ordered scheme that constitutes
a work or improvement constructed on or affixed to land.
The town council of the Town of Double Oak.
Those pipelines within the city or its jurisdiction that
enjoy exemptions under federal and state rules that exclude such lines
from construction standards, safety standards, or reporting requirements
of either or both federal and state governments.
(Ordinance 05-10 adopted 3/7/05)
