For the purposes of this article, the following words and terms,
wherever and whenever used or appearing herein, shall have the scope
and meaning hereafter defined and set out in connection with each:
The line established by the city for the particular street.
Any tract of land subject to an oil, gas and mineral lease
or other oil and gas development contract, or any unit composed of
several tracts and leases but operated as one lease, and any tract
of land in which the minerals are owned by an operator or someone
holding under it or him, but which, due to the free royalty ownership,
is developed and operated as a separate tract, but it shall not mean
any tract of land heretofore or hereafter conveyed or used for pipeline
right-of-way purposes.
The person to whom is issued a permit for the drilling, completion
and operation of a well and/or the construction, installation and
operation of any pipeline facility under this article, and his heirs,
legal representatives, successors and assigns.
An individual, firm, company, or corporation.
Is expressly limited to all public right-of-way or streets
or other public property within the city.
Any street, highway, sidewalk, alley, avenue, recessed parking
area, or other public right-of-way, including the entire right-of-way.
All technical or oil and gas industry words or phrases used
herein and not specifically defined shall have that meaning customarily
attributable thereto by prudent operators in the oil and gas industry.
When the title of any city official is used herein, such
shall include any duly authorized representative.
Common carrier pipelines and other main pipelines not included
in the definition of gathering lines, expressly including their rights-of-way
as defined and established by instruments of record in the office
of the county clerk of Ector County; the phrase “gathering lines”
as used herein shall mean all pipelines operated as an incident to
the development and operation of oil and/or gas fields and secondary
recovery projects; and the word “pipeline” whenever and
wherever used herein but not as a part of the preceding phrases shall
mean trunklines, pipelines, gathering lines and discharge lines as
hereinabove defined.
Any hole or holes, bore or bores, to any sand, formation,
strata or depth for the purpose of producing any oil, gas, or liquid
hydrocarbon or used as an injection well for secondary recovery, or
any of them.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-1)
It shall constitute a misdemeanor for any person to do any act which is prohibited by the terms of this article, or fail to do any act that is required, and any such violation of this article shall be punishable by a fine and penalty as indicated by section 1-1-9 of the city Code of Ordinances. Each day or portion thereof that a violation continues shall constitute a separate offense as provided for in section 1-1-9 of the city code.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, sec. 14, adopted 9/12/72; Ordinance 85-41, sec. 2, adopted 5/14/85; Ordinance 96-45, sec. 2, adopted 7/9/96; 1957 Code, sec. 11-26)
(a)
The
director of public works shall be the oil and gas inspector, and it
shall be his duty to enforce the provisions of this article.
(b)
Any
person who may be aggrieved by any ruling, order and/or decision of
the oil and gas inspector or city manager shall have the right of
appeal to the city council from such ruling, order and/or decision;
provided, however, that any such appeal must be taken, if at all,
within ten (10) days immediately following the filing of such rule,
order and/or decision in the records of the office of the oil and
gas inspector.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 70-72, sec. 1, adopted 9/22/70; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-2)
(a)
It
shall be unlawful and an offense for any person acting either for
himself or acting as agent, employee, independent contractor, or servant
for any other person to drill any well or to install any trunkline
pipeline or water and/or gas repressurizing or injection facility
within the city limits without a permit having first been issued by
the authority of the city manager in accordance with the terms of
this article.
(b)
When
a permit has been issued for the drilling of a well, such permit shall
constitute sufficient authority for drilling, operation, production,
gathering of production, maintenance, repair, reworking, testing,
plugging, and abandonment of the well, and for the construction and
use of all facilities reasonably necessary or convenient in connection
therewith, including gathering lines and discharge lines, by the permittee
and its employees, agents and contractors, provided any such activities
so authorized shall be in compliance with all applicable provisions
of this article and provided that such activities are not in conflict
with any of the conditions and provisions contained in such permit.
However, a new or supplemental permit shall be obtained before such
well may be deepened below the geological formation in which it was
originally completed and before it may be used for repressurizing
or injection of water and/or gas.
(c)
When
a permit has been issued for the installation of any trunkline pipeline
or water and/or gas repressurizing or injection facility, such permit
shall constitute sufficient authority for the construction, operation,
maintenance, conversion of existing wells to injection wells (in the
case of a water and/or gas repressurizing or injection facility),
repair, and abandonment of such facility, and for all facilities reasonably
necessary or convenient in connection therewith (including gathering
lines), by the permittee and its employees, agents and contractors,
provided that such authorized activities are in compliance with all
of the provisions of this article and provided that such activities
are not in conflict with any of the conditions and provisions contained
in such permit.
(d)
As to all wells, pipelines, and water and/or gas repressurizing or injection facilities and such other facilities as may be covered by this article existing within the city limits on December 9, 1969, or which are in existence at the time the land upon which same are situated is annexed to the city, no permit or filing fee will be required; but the oil and gas inspector shall inspect same, and if satisfied that such facilities can be operated in a manner that will insure public safety shall issue a certificate in writing that such facilities conform to such public safety requirement; provided, however, that the operator of any such facilities coming within the provisions of this subsection (d) shall, within four years of December 9, 1969, or the date that the premises upon which his facilities are located are annexed into the city limits, take all necessary steps required for such facilities to comply with sections 4-14-9, 4-14-11, 4-14-12, 4-14-19, 4-14-21, 4-14-28 and 4-14-29 of this article. If any such facilities do not conform with the provisions of said sections within said time, the operator of such facilities shall be deemed guilty of a violation of this article in accordance with section 4-14-2 and punishable by fine as described therein. It is further provided that in the event any such existing facilities coming within the provisions of this subsection (d) are abandoned or relocated for any reason, any new facilities constructed or established to replace such facilities must comply with all provisions of this article.
(e)
No
permit shall authorize the drilling of more than one well or the installation
of more than one trunkline pipeline or more than one water and/or
gas repressurizing or injection facility.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, secs. 1–3, adopted 12/9/69; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-3)
(a)
Every
application for a permit to drill a well or install a water and/or
gas repressurizing or injection facility or trunkline pipeline shall
be in writing, signed by the applicant or by some person duly authorized
to sign on his behalf, and it shall be filed with the oil and gas
inspector. In case the permit is requested for the purpose of drilling
a well or reentering and drilling to a deeper formation, the application
shall be accompanied by a filing fee of five hundred dollars ($500.00)
in cash, cashier’s check or certified check made payable to
the city.
(b)
A separate
application shall be required for each well, each trunkline pipeline,
and each water and/or gas repressurizing or injection facility. The
application shall include full information, including the following:
(1)
The date of the application.
(2)
Name of the applicant.
(3)
Address of the applicant.
(4)
Proposed site of the well (including proposed location of gathering
lines), trunkline pipeline, or water and/or gas repressurizing or
injection facility, including:
(5)
Type of derrick (if any) to be used.
(6)
The proposed depth of the well (when applicable).
(7)
Detailed explanation of operating pressures of all pipelines and
facilities.
(8)
Location of compressor, pressure control, or safety devices with
explanation of operating characteristics of each.
(9)
The name of the person(s) to be notified in case of emergency.
(10)
The application to install any pipeline with pressures in excess
of 250 psi should include details and specifications of the safety
provisions and equipment.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 60-79, sec. 1, adopted 10/25/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-4)
(a)
The
city manager, within sixty days after the filing of the application
for a permit to drill a well or install a trunkline pipeline or a
waterflooding, gas injection, or any primary or secondary recovery
system for the production of oil, gas, and condensate, shall determine
whether or not the application complies in all respects with the provisions
of this article; and, if it does, the city manager shall then fix
the amount of the principal of the bond and insurance provided for
herein, and shall issue a permit for the drilling of the well or the
installation of the facilities applied for. Each permit shall:
(1)
By reference have incorporated therein all the provisions of this
article with the same force and effect as if this article were copied
verbatim in such permit.
(2)
Specify the location of the proposed well, injection facility, and
all pipelines with particularity as to lot number, block number, name
of addition or subdivision, section line or other available correct
legal description.
(3)
Contain and specify that the term of the permit shall be for a period
of one year from the date of the permit and until such time as the
permittee has permanently abandoned the operation of such well or
facility for which the permit was issued.
(4)
Contain and specify such other terms and provisions as may be necessary
in a particular case to accomplish the purposes of this article.
(5)
Specify the total depth to which the well (if any) may be drilled,
not exceeding the proposed depth.
(b)
Such
permit, in duplicate originals, shall be signed by the inspector,
and prior to delivery to the permittee shall be signed by the permittee
(with one original to be retained by the city and one by the permittee);
and when so signed shall constitute the permittee’s drilling
and installation license, as well as the contractual obligation of
the permittee to comply with the terms of such permit, bond, and of
this article.
(c)
If
the permit be refused, or if the applicant notifies the city manager
in writing that he does not elect to accept the permit as tendered
and wishes to withdraw his application, or if the bond of the applicant
be not approved or if the applicant notifies the city manager in writing
that he wishes to withdraw his application, then upon the happening
of such an event the cash deposit provided for to be filed with the
application to drill a well shall be returned to the applicant, except
that there shall be retained therefrom by the city one hundred dollars
($100.00) as a processing fee.
(d)
In
determining whether to grant or deny any application for a permit
required by this article and in determining the conditions and provisions
to be contained in any such permit, the city manager shall include
in his or her consideration the following factors:
(1)
Whether the proposed facility will comply with all provisions of
this article.
(2)
Whether the proposed facility will conflict with the comprehensive
plan for physical development of the city.
(3)
Whether specific sites have been designated on plats of the property
in the area concerned for such oil and gas facilities as are the subject
of the application.
(4)
Whether, for any reason, the proposed facility will constitute a
hazard to property or persons.
(e)
In
acting on any such application, the city manager shall determine whether
the application complies with or is consistent with the above-listed
criteria as of the time of the granting or denying of the permit and
not as of the time of the making of the application for such permit.
(f)
Once
a permit has been granted by the city manager, any subsequent change
of conditions not under the control of the permittee shall not require
any action on the part of the permittee to improve or change his existing
facilities if such existing facilities complied with the provisions
of this article before the change of conditions. However, the preceding
sentence does not apply to facilities which are actually abandoned
or relocated for whatever reason, in which case such relocated facilities
must comply with all provisions of this article.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, secs. 4, 5, adopted 12/9/69; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-5)
In the event of the failure of the permittee to comply with
any provision of this article, the oil and gas inspector shall issue
a written notice to the permittee of the nature of the noncompliance
and stating such reasonable time necessary to gain compliance. After
lapse of such reasonable time, the city manager may suspend the permit
for a period of time or cancel the permit.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957
Code, sec. 11-6)
(a)
Once
any well has either been completed as a producer or abandoned as a
dry hole, it shall be unlawful and an offense for any person to drill
such well to a deeper geological formation than that reached in the
prior drilling operations without the permittee as to such well obtaining
a supplemental permit after filing a supplemental application with
the oil and gas inspector specifying:
(b)
In
the event the inspector is satisfied that such well may be deepened
with the same degree of safety as existed in the original well, a
supplemental permit may be issued without an additional filing fee
to the permittee authorizing the deepening and operation of the well
to such specified depth as applied for, provided the derrick and drilling
equipment have not been removed from the drill site. In any deeper
drilling or any deeper completion of any deeper production operations,
the permittee shall comply with all provisions contained in this article
and applicable to the drilling, completion, and operation of a well
or wells.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957
Code, sec. 11-7)
(a)
No
permittee shall make any excavation for any purpose or construct any
lines for conveyance of fuel, water, or minerals on, under, or through
the streets and alleys of the city without express permission of the
inspector in writing, and then only in strict compliance with the
ordinances of the city; provided, however, emergency repairs may be
made without such permission when in the good faith opinion of the
permittee the delay required to obtain written permission would involve
a hazard to person or property.
(b)
The
gathering lines and flow lines hereinafter installed in the corporate
limits of the city for the purpose of transporting oil, gas and/or
water in conjunction with the operation of any well, tank or tank
battery, injection or gathering system are hereby limited to a maximum
operating gauge pressure of 250 psi (pounds per square inch) unless
otherwise specifically approved by the oil and gas inspector. The
location of any such gathering lines and flow lines, if not specified
in the permit, must be specifically approved by the oil and gas inspector.
(c)
The
pipeline shall be tested prior to being placed in service.
(d)
The
companies responsible for any and all pipelines now existent or hereafter
installed within the corporate limits are hereby required to furnish
the city an “as built” plot plan showing the location
of all their facilities for permanent record with the city.
(e)
All
pipelines within the corporate limits, other than the utility lines
of the city and any franchised distribution system, designed or utilized
to transport oil, gas or water in connection with the production and
transportation of oil and/or gas or for repressurizing operations
shall hereafter be installed with the minimum of cover or backfill
specified by the then-applicable ASA code for such pipelines. The
oil and gas inspector is authorized to approve a lesser cover or specify
a greater cover or backfill in special cases when in the opinion of
the oil and gas inspector such variation is advisable and/or will
not increase the degree of hazard.
(f)
The
requirements for construction in public right-of-way must conform
to such ordinances of the city regulating such construction.
(g)
The
digging up, breaking, excavating, tunneling, undermining, breaking
up, damaging of any street as herein defined, or leaving upon any
street any earth or other material or obstruction shall not be permitted
unless such persons shall first have obtained written permission from
the city engineer; provided, however, emergency repairs may be made
without such permission when in the good faith opinion of the permittee
the delay required to obtain the written permission would involve
a hazard to person or property.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 6, adopted 12/9/69; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-8)
(a)
Work
done in new developments of the city by utility and street contractors
under and in conformity with the city’s subdivision policy is
exempt from the provisions of this article.
(b)
Work
done by the city or under city contract and under direction of the
city is exempt from the provisions of this article.
(c)
Work
done by public utility companies who operate under a current franchise
from the city is exempt from the bond and insurance provisions of
this article when doing such work with their own personnel, but this
exemption does not apply to contractors doing work for said public
utility company.
(d)
Work
done by plumbers who are qualified and bonded with a valid permit
from the city inspection department is exempt from the bond and insurance
provisions of this article but must comply with the balance of this
article.
(e)
No
permit for construction within public right-of-way shall be issued
unless the written application be accompanied with such plans and
descriptions necessary and submitted to the oil and gas inspector
and approved by the city engineer.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-9)
In the event a permit or certificate of compliance be issued
by the city manager or the oil and gas inspector under the terms of
this article for the drilling of a well or installation of a trunkline
pipeline, waterflooding project, or gas injection project, no actual
operations shall be commenced until the permittee shall file with
the oil and gas inspector a bond and a certificate of insurance as
follows:
(1)
(A)
A bond in the principal sum of such amount as has been determined
by the city manager, but not to be less than two hundred fifty thousand
dollars ($250,000.00), and the bond shall be executed by a reliable
insurance company authorized to do business in the state as surety,
and the applicant as principal, running to the city for the benefit
of the city and all persons concerned, conditioned that the permittee
will comply with the terms and conditions of this article in the drilling
and operation of the well, waterflooding project, gas injection or
operation of any pipeline.
(B)
Such bond shall become effective on or before the date it is filed
with the oil and gas inspector and remain in force and effect for
at least a period of six (6) months subsequent to the expiration of
the term of the permit issued; and, in addition, the bond will be
conditioned that the permittee will promptly pay all legally imposed
fines, penalties, and other assessments imposed upon the permittee
by reason of his breach of any of the terms, provisions, and conditions
of this article and that the permittee will promptly restore the streets
and sidewalks and other public property of the city which may be disturbed
or damaged in the operations, to their former condition; and the permittee
will promptly clear all premises of all litter, trash, waste, and
other substances used, allowed, or occurring in the operations, and
will, after abandonment or completion, grade, level, and restore such
property to the same surface conditions, as nearly as possible, as
existed when operations were first commenced; and that the permittee
will indemnify and hold the city harmless from any and all liability
growing out of or attributable to the granting of such permit and
will relocate any pipeline or permitted facilities out of the right-of-way
area, if needed for right-of-way purposes, on reasonable notice. If
at any time the city manager shall deem any permittee’s bond
to be insufficient for any person [reason], it may require the permittee
to file a new bond.
(C)
If, after completion of a producing well, gas injection well, water
injection well or any facility or pipeline for which a bond is required
by this article, the permittee has complied with all the provisions
of this article, such as removing the derrick, clearing premises,
erection of fences, etc., he may apply to the city manager to have
the bond reduced to a sum not less than one hundred thousand dollars
($100,000.00) on each well or facility for the remainder of the time
the well produces or facility is operated without reworking. During
major well workover or in-hole remedial operations requiring the use
of a rotary rig and/or high pressure injection equipment (deepening,
cementing, tracing, reperforating, etc.), the amount of the bond shall
be increased to the original amount. A trunkline pipeline installation
shall not be considered as completed until the lines have been tested
and in operation for a period of thirty (30) days. A pipeline in city
right-of-way will not be completed until removed from such right-of-way.
(2)
In addition to the bond required in subsection (1) of this section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city, as insured, in an insurance company authorized to do business with the state. Such policy or policies in the aggregate shall provide for the following minimum coverages:
(A)
Bodily injuries, two hundred fifty thousand dollars ($250,000.00)
one (1) person; five hundred thousand dollars ($500,000.00) one (1)
accident.
(B)
Property damage, two hundred thousand dollars ($200,000.00).
|
The permittee shall file with the oil and gas inspector certificates
of such insurance as above stated and shall obtain the written approval
thereof by the inspector, who shall act thereon within ten (10) days
from the date of such filing. The insurance policy or policies shall
not be cancelled without written notice to the city secretary at least
ten (10) days prior to the effective date of such cancellation. In
the event such insurance policy or policies are cancelled, the permit
granted shall terminate, and the permittee’s right to operate
under such permit shall cease until the permittee files additional
insurance as provided herein.
|
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, sec. 1, adopted 9/12/72; Ordinance 95-10, sec. 1, adopted 1/24/95; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-10)
The city manager may elect to make an exception to the requirements of section 4-14-11 when in his opinion the intent and purpose for the requirements of the bond and insurance can be assured by any of the following means:
(1)
Acceptance
of a guarantee of indemnity to the city in lieu of bond and a plan
of self-insurance in the case of financially responsible operators.
(2)
Acceptance
of a blanket bond and a single policy of insurance to cover all operations
of the permittee within the city limits.
(3)
Application
of bond and insurance requirements acceptable to the city manager.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957
Code, sec. 11-11)
No oil or gas well, permanent compressor station, waterflood
station, separator or tank battery covered by this article shall be
located closer than one hundred fifty (150) feet to any street, road,
highway or alley, whether same is existing, platted or dedicated,
without the written permission of the city manager.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 7, adopted 12/9/69; Ordinance 72-58, sec. 2, adopted 9/12/72; Ordinance 74-32, sec. 1, adopted 3/26/74; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957
Code, sec. 11-12)
(a)
No
well shall be drilled and no permit shall be issued for any well to
be drilled at any location, or storage tank to be located, which is
nearer than one hundred and fifty feet (150') to any residence or
commercial building without the applicant having first secured the
written permission of the city manager.
(b)
No
high pressure gas injection well or compressor used in conjunction
with a gas injection well shall be located nearer than one hundred
and fifty (150) feet to any residential, commercial, or industrial
structure, or school or other public building or public grounds, except
by permission of the city manager. In exceptional cases for reasons
of safety, the city manager may require that any such facility shall
be located at a greater distance than one hundred fifty (150) feet
from any such structure, building or grounds.
(c)
No
pipeline transporting gas with a greater operating pressure than two
hundred fifty (250) pounds per square inch shall be located nearer
than thirty (30) feet to any residential, commercial or industrial
structure other than structures necessary to operate the pipeline.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 8, adopted 12/9/69; Ordinance 99-66, sec. 1, adopted 12/14/99; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-13)
It shall be unlawful and an offense for any person to use or
operate in connection with the drilling or reworking of any well within
the city limits any wooden derrick or any steam-powered rig, and all
engines shall be equipped with adequate mufflers approved by the oil
and gas inspector. No person shall permit any drilling rig or derrick
to remain on the premises or drilling site for a period longer than
sixty (60) days after completion or abandonment of the well. At all
times from the start of erection of a derrick, or a mast, or a ginpole,
until the well is abandoned and plugged or completed as a producer
and enclosed with a fence as herein provided, the permittee shall
keep a watchman on duty on the premises at all times when other workmen
of the permittee are not on such premises.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-14)
Steel slush pits shall be used in connection with all drilling
and reworking operations. Such pits and contents shall be removed
from the premises and drilling site within thirty (30) days after
completion of the well. No earthen slush pits shall be used.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-15)
(a)
All
drilling and operations at any well performed by a permittee under
this article shall be conducted in accordance with the practices of
a reasonable and prudent operator in the Permian Basin area. All casing,
valves, and blowout preventers, drilling fluid, tubing, bradenheads,
Christmas trees, and wellhead connections shall be of a type and quality
consistent with the practices of a reasonable and prudent operator.
Setting and cementing casing and running drill stem tests shall be
performed in a manner and at a time consistent with the practice of
a reasonable and prudent operator. Each permittee under this article
shall observe and follow the regulations of the railroad commission
of the state.
(b)
All
operations relative to the design, installation, maintenance, and
operation of pipelines shall conform to the requirements of this article
and the applicable ASA codes and the standards of performance of reasonable
and prudent operators of the trades involved.
(c)
All
pipelines hereafter constructed shall be of all new pipe and shall
comply with USAS specifications.
(d)
Valves
shall be installed on all pipelines at such locations and spacing
to safely and adequately control the operation of the line and to
minimize the quantity of gas, oil or water that would be released
from the line in case of line failure or rupture. The types and locations
of all valves shall be indicated on a plan layout and approved by
the oil and gas inspector.
(e)
Electric
motors shall be used to drive all gas compressors, pumping units and/or
waterflood pumps in the oil and gas operations, and all electrical
installations and equipment shall conform to the city ordinances and
the appropriate national codes.
(f)
Pipeline
location markers shall be approved, as to type and location, by the
oil and gas inspector, and the removal of any pipeline marker without
the express permission of the oil and gas inspector shall constitute
a violation of the provisions of this article.
(g)
The
pipelines crossing certain thoroughfares, designated by the oil and
gas inspector, shall be cased and vented in accordance with accepted
practice of the pipeline industry.
(h)
The
delivery to or the removal of equipment or material from the drill
site shall be limited to the hours between 7:00 a.m. and 9:00 p.m.,
except in cases of emergency. No pipe racking outside the derrick
will be permitted during the hours between 9:00 p.m. and 7:00 a.m.,
except in cases of emergency. All lighting shall be shielded and directed
so as to confine the direct rays to the drill site.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, secs. 9–11, adopted 12/9/69; Ordinance 72-58, secs. 3, 4, adopted 9/12/72; 1957 Code, sec. 11-16)
The premises shall be kept in a clean and sanitary condition,
satisfactory to the health officer and the oil and gas inspector of
the city. The permittee shall take reasonable precautions to prevent
any mud, waste water, oil, slush, or other waste matter from flowing
into the alleys, streets, lots, or leases within the corporate limits
of the city.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-17)
Electric motors shall be used to drive all pumping units and
gas compressors and all transfer operations. No electric power shall
be generated on location. All electrical installations and equipment
shall conform to the city ordinances and the appropriate national
codes.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 12, adopted 12/9/69; Ordinance 72-58, sec. 5, adopted 9/12/72; 1957 Code, sec. 11-18)
(a)
It
shall be unlawful and an offense for any person to use, construct
or operate, in connection with any producing well within the city
limits, any crude oil storage tanks, except to the extent of two low-type
tanks for oil storage, not exceeding five hundred (500) barrels capacity
for each well connected thereto and so constructed and maintained
as to be vapor-tight and properly vented. A permittee may use, construct,
and operate a steel conventional separator, and such other approved
tank and appurtenances as are necessary for treating oil with each
of such facilities, to be so constructed and maintained as to be vapor-tight.
Each oil/gas separator shall be equipped with both a regulation pressure
relief safety valve and a bursting head. All such tanks shall be placed
aboveground, and the tanks shall be placed upon a suitable earth or
concrete pad.
(b)
The
use of a central tank battery is permitted so long as not more than
two tanks as specified are used for each well connected to the battery.
(c)
The
tank or tanks shall be enclosed within a conventional type firewall
constructed of compacted earth; sufficient water shall be used during
the firewall construction to assure adequate compaction.
(d)
The
firewall enclosing the tanks shall have a minimum capacity equal to
two times the volume of the tanks enclosed.
(e)
The
top or crown of the firewall shall have a normal height of three feet
above normal ground elevation. The location of the tank site shall
be approved by the city oil and gas inspector.
(f)
The
tanks shall be recessed within the firewall enclosed to such depth
that will assure them of being practically “sight clear”
when viewed from without the fenced enclosure.
(g)
The
separators shall be installed in a manner that will assure them of
being practically “sight clear” when viewed from without
the fenced enclosure.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-19)
(a)
Any
person who completes any producing well shall have the obligation
to enclose such well, together with its surface facilities, by a substantial
fence six feet (6) high and properly built so as to ordinarily keep
persons and/or animals out of the enclosure. All gates and exitways
shall be kept locked at all times except when the permittee or his
employees are within the enclosure. In a developed residential area,
the permittee will be obligated to landscape and maintain the appearance
of the site to conform to the surrounding residential area. In noncongested
residential areas, the oil and gas inspector may designate the type
of fencing to be erected. However, if the surrounding area subsequently
develops into a residential neighborhood, the permittee will be obligated
to conform to the residential landscaping, fencing and appearance.
(b)
The
compressor unit, waterflood pump unit, and/or injection well location
shall be enclosed on all sides by a minimum six-foot chainlink fence
with two strands of barbed wire along the top and properly built so
as to keep persons and/or animals out of the enclosure. The fence
shall have a minimum of two gates or exitways located on opposite
sides of the enclosure. The gates or exitways shall be kept locked
at all times except when the permittee or his employees are within
the enclosure. In a developed residential area, the permittee will
be obligated to landscape, solar-screen and maintain the appearance
of the site to conform to the surrounding area.
(c)
The
compressor unit or waterflood pump unit shall, in addition to the
fence requirements described above, be enclosed by a noncombustible
structure constructed in such a manner to reduce the noise of operation
and minimize the hazards to the surrounding area. The design of the
structure shall be approved by the oil and gas inspector prior to
the erection.
(d)
The
well site, tank site, tank battery site, pump station site, or compressor
site shall not be used for the storage of pipe, equipment or materials
except during the drilling or servicing of the well, pipelines, tanks,
pump stations, or compressor stations, except where the site is located
in an industrial or manufacturing zone.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, secs. 6–8, adopted 9/12/72; 1957 Code, sec. 11-20)
All oil operations, drilling and production operations shall
be conducted in such a manner as to eliminate, as far as practicable,
dust, noise, vibration or noxious odors, and shall be in accordance
with the reasonable and prudent practices incident to exploration
for, drilling for and production of oil, gas and other hydrocarbon
substances.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-21)
(a)
Any
permittee engaged in the drilling or operation of an oil and/or gas
well or the operation of any facility used in conjunction with the
production of oil and/or gas within the corporate limits of the city
shall take reasonable precautions to prevent gas from escaping into
the air, and shall not flare or burn gas or oil from a pipe stack,
pit or any similar means within the corporate limits of the city;
provided gas may be burned for a limited time when necessary to complete
any oil and/or gas well upon the original completion or upon the recompletion
of workover jobs upon oil and/or gas wells so long as the same does
not constitute a fire hazard to the property of others within the
vicinity of such oil and/or gas well.
(b)
It
shall hereafter be unlawful to operate a well for oil and/or gas without
a four-inch header being laid over the top of the tank and a two-and-one-half-inch
line extending from the tank battery to a point designated by the
oil and gas inspector. The manner and method provided for connection
at such point shall be determined by the fire department of the city
so that foamite or other chemicals may be pumped through such line
or lines and the header of the tanks into such tanks to extinguish
fires in the tanks.
(c)
Emergency
firefighting apparatus and supplies, subject to approval by the fire
department of the city, shall be maintained on the drilling site at
all times during the drilling operations, and on the site of each
compressor used for gas injection operations.
(d)
The
permittee shall place a sign at each well location or site to identify
the well.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, sec. 9, adopted 9/12/72; 1957
Code, sec. 11-22)
Whenever any well is abandoned, it shall be the obligation of
the permittee and the operator of the well to comply with the regulations
of the railroad commission of the state in connection with the abandonment
and plugging of a well. A copy of the plugging and abandonment form
shall be furnished the oil and gas inspector.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-23)
The permittee shall take reasonable precautions for the disposal
of all saltwater and other impurities which he may bring to the surface
so as not to contaminate the potable water supply, present or prospective,
or to injure surface vegetation.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-24)
Any violation of law of the state or any rules, regulations,
or requirements of any state or federal regulatory body having jurisdiction
in reference to drilling, completing, equipping, operating, producing,
installing, maintaining, or abandoning any oil and/or gas well, pipelines,
or related appurtenances, equipment, or facilities, or in reference
to firewalls, fire protection, blowout protection, safety protection
or convenience of persons or property, shall also be a violation of
this article and shall be punishable in accordance with the provisions
hereof.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-25)
Each producing well, pumping unit, compressor unit, waterflood
pump and/or injection well, together with their associated equipment
(tankage, separators, structures, fencing, landscaping, etc.), regulated
by this article shall be inspected annually by the oil and gas inspector
for the purpose of conformance to the various regulations. If any
nonconformance is found, the permittee will be notified in writing
of the violation immediately, and the permittee shall begin to institute
proceedings to come into full compliance with this article. The annual
inspection fee shall be one hundred dollars ($100.00) per year for
each site upon which there is located a facility covered by this article,
and such fee shall be paid by the permittee.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 72-58, sec. 10, adopted 9/12/72; Ordinance 95-10, sec. 1, adopted 1/24/95; 1957 Code, sec. 11-27)
The land surrounding any well or surface facility which is required
by any of the provisions of this article to be landscaped shall be
planted and maintained with grass, plants or shrubs during such drilling
and production operations, but only to an extent reasonably compatible
with the general status of the surfaces in the vicinity. The entire
controlled drill site shall be adequately landscaped except for those
portions occupied by any required structure, appurtenances or driveway,
and all such landscaping shall be maintained in good condition at
all times.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 72-58, sec. 11, adopted 9/12/72; 1957
Code, sec. 11-28)
All equipment necessarily incident to the production of oil
and/or gas within the city limits shall be subject to the inspection
and approval of the appropriate qualified inspectors: oil and gas
inspector, building inspectors, electrical inspector, fire and safety
inspector, etc. All operations will be maintained in such a manner
that will minimize dust, noise, noxious odors, vibrations and other
offensive conditions to the surrounding residential area. Any aboveground
facility which is located within or immediately adjoining any subdivided
area where ten percent (10%) of the lots or subdivided tracts within
one-half (1/2) mile radius thereof are improved with residential structures,
or located within one-half (1/2) mile of any school or public building,
shall be considered within a developed residential area.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 72-58, sec. 12, adopted 9/12/72; 1957
Code, sec. 11-29)
In the event of loss of control of any well, the operator shall
immediately take all reasonable steps to regain control of such well,
regardless of any other provision of this article, and shall notify
the oil and gas inspector as soon as practicable after receipt of
notice by his employees of the occurrence of such loss of well control
endangering persons or property. If and when the oil and gas inspector
certifies in writing to the city secretary that, in his opinion, danger
to persons or property exists because of such loss of well control
(briefly describing the same) and the operator is not taking, or is
unable to take, all reasonable necessary steps to regain control of
such well, the oil and gas inspector may employ any well control experts
or other contractors or suppliers of special services, or may incur
any other expenses for labor or material, which the oil and gas inspector
deems necessary to regain [control of] such well. The city shall have
a valid lien against the interest in the well of all working interest
owners who have voluntarily joined in the drilling of such well, to
secure payment of any expenditure so made by the city pursuant to
the above provisions.
(Ordinance 69-84, sec. 13, adopted 12/9/69; 1957 Code, sec. 11-30)
Within thirty (30) days after completion of any well, the permittee
shall file in the office of the oil and gas inspector a final report
including the casing program actually utilized in the well. The final
report shall specify any changes in well location or depth and any
other variation from the terms of the permit. The final report shall
specify the perforated interval and include information pertaining
to other perforation, if any.
(Ordinance 69-84, sec. 13, adopted 12/9/69; 1957 Code, sec. 11-31)
No geophysical work employing underground explosives will be
permitted anywhere at any time within the city limits. Other geophysical
systems employing the “thumper,” “vibroseis,”
or other techniques not employing explosives will be permitted upon
proper application and payment of a one-hundred-dollar ($100.00) application
fee. Such application shall include the following:
(1)
The
date of the application.
(2)
The
name of the applicant.
(3)
The
address of the applicant.
(4)
A
statement of the proposed commencement and completion dates.
(5)
A
map or plat outlining the areas proposed to be covered by the survey.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 95-10, sec. 1, adopted 1/24/95; 1957
Code, sec. 11-32)
All references in this article to ASA or USAS codes, tests or
standards of performance are hereby eliminated, and there is hereby
substituted for all such references ANSI codes, tests and standards
of performance.
(Ordinance 69-84, sec. 14, adopted 12/9/69; Ordinance 72-58, sec. 15, adopted 9/12/72; 1957
Code, sec. 11-33)
The permittee shall relocate any pipeline or permitted facilities
out of the right-of-way area, if needed for right-of-way purposes,
on reasonable notice.
(Ordinance 95-10, sec. 1, adopted 1/24/95; 1957 Code, sec. 11-34)
