The city council finds that there has been and there is a likelihood of oil and gas development activities in and near the corporate limits of the city, requiring that construction, operation and maintenance of drilling and production of oil and gas be regulated because of the potential danger from improper construction, operation and maintenance to the lives, property, health, safety and welfare of the public.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.01)
For the purpose of this article, the following words and terms, wherever and whenever used or appearing in this article, shall have the scope and meaning defined in this section and set out in connection with each. All technical or oil and gas industry words or phrases used in this article and not specifically defined shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry; and when the title of any city official is used in this article, such shall include any duly authorized representative.
Curbline.
The line established by the city for the particular street.
Lease.
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 royalty ownership, is developed and operated as a separate tract.
Operator.
Each and every person who operates any well and each and every person who is an owner of a well, other than a well that has been plugged and abandoned in the city.
Permittee.
The person to whom a permit is issued for the drilling, completion and operation of a well, and his or its heirs, legal representatives, successors and assigns.
Person.
An individual, firm, company or corporation.
Rework.
Any operation in which a drilling or rework rig is brought onto land to service an existing rig or where a well is reperforated.
Right-of-way.
A phrase expressly limited to all public rights-of-way or streets or other public property within the city.
Street.
Any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way.
Well.
Any hole(s) or bore(s) 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 for any of them. The term "oil and gas well" means the same.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.02)
Neither this article, nor any permit issued hereunder, shall be interpreted to grant any right or license to the permittee to enter upon, use, or occupy for drilling or other purposes, any surface land except by contract with the owner, nor shall it limit or prevent the free right of any owner to contract for the amount of damages, rights or privileges with respect to his own land and property, nor to authorize drilling or other activities in violation of legally enforceable deed restrictions or subdivision restrictions.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.03)
(a) 
Permit required.
It shall be unlawful for any person, acting either for himself or as agent, employee, independent contractor or servant for any other person, to drill or commence to drill or to operate any well within the city limits without a permit having first been issued by the city council in accordance with the terms of this article.
(b) 
Authority; supplemental and separate permits.
When a permit has been issued for the drilling of a well, such permit shall constitute sufficient authority for drilling, operation, 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 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. A separate permit shall be necessary for the drilling or operation of each well.
(c) 
Preliminary notice for certain operations.
No application for water flooding operations, nor gas or other repressurization operations, shall be granted unless, at least 90 days prior to submission of the application, a preliminary notice of the intention of the applicant shall have been delivered to the city secretary. This provision is included for the reason that no such operations are now being conducted in this area, and to permit the city to better study the matter if or when it does become appropriate or desirable.
(d) 
Previous violations.
No permit shall be granted to a person who has previously violated the provisions of this article, or other city ordinances dealing with wells, unless and until such person has fully corrected such violation, complied with the ordinances, paid all fees and fines applicable to such violation, and has given assurance of future compliance with the applicable ordinances and other laws.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.04)
Any person desiring to drill or operate a well within the city shall present an application to the city secretary, which application shall set forth in writing the following facts:
(1) 
Name of the applicant(s);
(2) 
Legal status of the applicant(s), such as corporation, partnership, individual, etc.;
(3) 
Address of the applicant(s);
(4) 
Detailed description of what is proposed to be constructed, drilled, or operated by the applicant(s), including description of equipment to be used, including a plat which shows the distances to property lines and to residences, structures, commercial buildings, pipelines, and other underground utilities situated within 500 feet of the proposed location of the well; and, for each separate parcel or tract of land, the name and address of the principal landowner;
(5) 
The proposed depth of the well; proposed casing program; a detailed explanation of drilling procedure, including whether done by the use of drilling mud, air pressure, etc.; location and description of drilling equipment, air compressor, pressure control or safety devices, storage facilities for water, and drilling mud; and expected date of completion; and
(6) 
The application must be signed by the applicant, or, if signed by his agent, accompanied by written authorization executed by the applicant.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.05)
(a) 
The fee for a permit for drilling or reworking any one well in the city shall be as provided for in the fee schedule in appendix A of this code. Such fee shall be deposited, in cash, with the city secretary at the time the application for the permit is filed, and it shall be held in a special fund until the permit is issued and the work is commenced. When the permit is issued, such fee shall be nonrefundable. This fee shall not be deemed to include any fees otherwise imposed by the city by any other ordinance. Nothing in this section shall, however, relieve the permittee from the obligation to properly repair the streets, alleys, and public properties in case they are used in such drilling or production operations.
(b) 
If the application is refused and no permit is issued, the fee shall be refunded.
(c) 
As to all wells and water and/or gas repressurizing or injection facilities, and such other facilities as may be covered by this article existing within areas annexed into the city after the adoption of this article which are in existence at the time the land upon which wells or facilities are situated is annexed to the city, no permit or filing fee will be required, but the mayor or his designee shall inspect wells or shall inspect wells or facilities and, if satisfied that such facilities can be operated in a manner that will ensure public safety, shall issue a certificate in writing that such facilities conform with the provisions of such sections within a reasonable time, not to exceed six months. It is further provided that, in the event any such existing facilities coming within the provisions of this subsection are abandoned or relocated for any reason, or reworked, any reworking and any new facilities constructed or established to replace such facilities must comply with all provisions of this article.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.06)
(a) 
When the application described in section 5.06.005 is filed with the city secretary, the filing fee paid, and evidence of appropriate bond or other security agreement and insurance as required in section 5.06.006 [5.06.009] is filed, the city secretary shall cause to be placed on a regular or special meeting agenda of the city council appropriate notice of the application, and the city council may then consider and approve the application at such meeting.
(b) 
If the city council at such meeting deems necessary, a further notice and hearing may be ordered prior to approval of the application. In such case, the city secretary shall publish in a newspaper of general circulation in the city a notice which shall state as follows:
This the ______ day of ____________, 20___, notice is hereby given that ____________ has filed with the city secretary of the City of Jacksboro an application for a permit to drill an oil or gas well, pursuant to the provisions of the city's ordinances regulating the drilling of oil and gas wells within the city limits. A hearing will be held upon such application before the mayor and city council at the City Hall on the ______ day of ____________, 20___, at ____ o'clock __.m.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.07)
(a) 
Postponement of hearing.
At the time fixed under the foregoing provisions, a hearing on such application for permit shall be held. At the discretion of the members of the city council, such hearing may be continued or postponed from time to time until final disposition of the application provided that in no event shall final decision on the application be postponed for a period longer than 30 days from the original date of application.
(b) 
Issuance or denial of permit.
The city council shall determine whether or not the application complies in all respects with the provisions of this article, and if it does, will authorize issuance of a permit for the drilling of the well applied for; provided, however, the city council may deny a permit for the drilling of the well where by reason of such particular location and the character and value of the permanent improvements already erected on or adjacent to the particular location in question, for school, hospital, residential, park, civic purposes, health reasons, safety reasons, or any of them where the drilling of such well on such particular location might be injurious or be a disadvantage to the city or its inhabitants as a whole or to a substantial number of its inhabitants or would not promote orderly growth and development to the city.
(c) 
Provisions of permit.
Each permit shall:
(1) 
Incorporate by reference 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 that all work shall be carried out according to law;
(3) 
Specify the location of the proposed well with particularity as to lot number, block number, name of addition or subdivision, survey section line or other correct legal description;
(4) 
Specify that the term of the permit shall be for a period of six months 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;
(5) 
Contain and specify such other terms and provisions, as may be necessary in a particular case to accomplish the purposes of this article, as approved and enacted by the city council;
(6) 
Specify the total depth to which the well may be drilled, not exceeding the proposed depth; and
(7) 
Contain and specify that no actual operation shall be commenced until the permittee shall file and have approved a bond or other security and insurance policy in the designated principal amount as so determined by the city council.
(d) 
Signing; effect.
Such permit, in duplicate originals, shall be signed by the permittee and, prior to delivery to the permittee, shall be signed by the city secretary, with one original to be retained by the city and one by the permittee, and when so signed shall constitute the permittee's permission to begin work, as well as the contractual obligation of the permittee to comply with the terms of such permit of this article.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.08)
If a permit is issued for a well or other operations under this article, no actual operation shall commence until the permittee files with the city secretary a bond or other security, along with a certificate of insurance, as follows:
(1) 
Bond or other security.
(A) 
No person shall begin the drilling, construction or operation of any well until he has filed with the city secretary a duly executed bond executed by the applicant as principal and some good and reliable surety company authorized to do business in the state as surety, payable to the city, conditional that the applicant, his heirs, assigns, and successors will do the following:
(i) 
Comply with the terms and conditions of the application and of this article in the drilling, construction, operation and maintenance of the well or other structure;
(ii) 
Restore all streets and sidewalks and other public places which may be injured in the operation to their former condition;
(iii) 
Remove all litter, machinery, derricks, buildings, trash and waste used, accumulated or allowed in such operation within a reasonable time; and
(iv) 
Promptly upon the abandonment or cessation of production, or completion as a dry hole, plug it in the manner required by law.
(B) 
Such bond shall be in the sum of $75,000.00, and, before the permit shall be issued, the bond shall be approved by the city attorney and filed with the city secretary. In lieu of bond, a person may deposit cash or other assets in escrow under such terms and conditions that will enable the city to attach the assets for the purposes of satisfying the above conditions. One bond in the amount of $1,500,000.00 shall be sufficient for all permitted wells drilled within the corporate limits by a permittee; provided that, should the bond be enforced or payment be demanded from the surety, and the permittee have one or more other permits which are in force and effect, the permittee shall then be required to obtain a new bond in the amount of $1,500,000.00 to cover the obligations relating to such other well locations. Notwithstanding anything in this article to the contrary, should a well be completed as a producer and the obligations set forth in subsections (1)(A)(i), (ii), and (iii) [(1)(A)(ii), (iii), and (iv)] of this section be satisfied, the bond or escrow deposit required hereunder may be terminated or released.
(2) 
Liability insurance.
Each person drilling an oil or gas well shall carry public liability insurance in the minimum amount of $250,000.00 for one person, $500,000.00 for one accident, and property damage insurance in the minimum amount of $1,000,000.00 for one accident, with a company authorized to do business in the state, which shall be in force and effect during the drilling of such well and until the completion thereof as a producing well or the abandonment and plugging as a dry hole. A certificate of insurance shall be delivered to and approved by the city secretary before any permit for drilling shall be delivered. A certificate of insurance shall be furnished annually by the permittee, or the subsequent owner and operator of such well, showing that such insurance is and continues to be in effect.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.09)
(a) 
Each permittee and each operator shall annually, on or before January 15, file the following reports with the city secretary:
(1) 
An annual report listing each oil or gas well owned or operated in the city, along with adequate information to describe its status as producing, shut-in, plugged, etc. A permittee having no wells of any sort need not file this report;
(2) 
An annual report, with attached map or plat, showing all pipelines owned or operated and their status as operating or not. A permittee having no pipelines need not file this report; and
(3) 
An annual report giving either all changes in ownership of his wells and pipelines including correct names, legal status and addresses, or a report listing the names, legal status and addresses of all owners.
(b) 
If there has been no change since the prior annual report, it shall be sufficient to deliver to the city secretary a letter stating that fact.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.10)
Each operator and each permittee shall file with the city secretary, within 60 days from the completion of each well, a completion and potential report. So long as the railroad commission requires a similar report, it shall be sufficient to file with the city secretary the same form as used by the railroad commission, provided such form is filed within 60 days from completion of the well. If the railroad commission shall cease requiring such a report, the city secretary shall prepare and make available a blank report form providing for the same information, which shall be completed and filed by the permittees and operators.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.11)
(a) 
Failure of any operator or permittee to file one or more of the above reports shall be a violation punishable under the penal provisions of this article.
(b) 
Upon the failure of a permittee or operator to file a report as provided for in this article, the city secretary or mayor may further, by written notice, require each owner of any well, including all mineral interests produced or capable of being produced by such well, to file a report reflecting and showing the correct name, legal status and address of the owner and the fractional or percentage ownership of such person. Failure of any person to comply with this requirement within a reasonable time shall be a misdemeanor.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.13)
The issuance of a permit pursuant to the provisions of this article constitutes a contract between the city and the permittee that the permittee shall be liable and shall pay all reasonable and necessary attorneys' fees and costs incurred by the city in the enforcement of the provisions of this article.
(Ordinance O-15-12, adopted sec. 1, 12/11/2012; 1997 Code, sec. 115.14)
In the event of damage to city property or streets, or failure to correct damage after initial permission was granted for some construction or operation, or damage to any property in violation of this article, or creation of a hazard to public safety and property in violation of this article, after notice to the permittee, the city may correct and repair such damage and remove such hazard, charging for such correction, repair or removal a reasonable amount for labor and materials, and the permittee shall promptly pay such charges. If not paid, the city may collect such sum from the bonding company under the bond required for the permit or enforce such debt in any lawful manner. As further security, the permittee does, by application for and acceptance of a permit, unless specially excepted and deleted by the city council in the terms of the permit, grant to the city a security interest and lien on all of the permittee's property within the city, and which shall be later located within the city, to secure payment of all sums which shall be owed to the city.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.15)
No private road accessing well sites shall be constructed in such a manner as to interfere with drainage or cause flooding to public roads or private property. Culverts shall be installed where such private roads connect to public streets.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.16)
(a) 
General standards.
Each and every well shall be drilled, constructed, operated and maintained in a good and workmanlike manner with due regard for the safety of persons and property, prevention of fires, protection of freshwater sands, and maintenance of the appearance of residential areas. Each and every well, the materials used in each and every well, and all related equipment shall, at a minimum, conform to the requirements of state and federal law and the requirements of the railroad commission of the state.
(b) 
Noise abatement.
Upon completion of a well, measures must be taken to ensure that noise levels from pumps, compressors, and all other equipment installed for production must not exceed a noise level of 35 decibels at a distance of 50 feet from the noise source.
(c) 
Ground contamination.
Barriers required to prevent contamination from runoff, seepage, leaking or spills of contaminants from production, drilling, machinery, vehicles or any other source of contaminants shall be constructed and maintained and all retained contaminants (oil, diesel, lubricants, chemicals, etc.) shall be removed immediately and disposed of in accordance with regulations of the Environmental Protection Agency and the state railroad commission and any other federal or state law or regulation of a state or federal agency with jurisdiction over such issues.
(d) 
Disposal wells.
No wells for the disposal of salt water or drilling fluid shall be located within the city.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.17)
(a) 
Streets or alleys.
It shall be unlawful to drill or construct any well within any of the streets or alleys of the city. It shall be unlawful to block, encumber or close up any street or alley in the drilling or producing operations, except by special temporary permission of the city council.
(b) 
Distance from residential or commercial buildings.
No well shall be drilled, constructed or operated, nor a permit issued to drill any such well, within 1,000 feet of any residence or commercial building without first obtaining the written consent of such property owner.
(c) 
Distance from churches, schools or public buildings.
No well shall be drilled, constructed or operated nor a permit issued to drill any such well within 1,000 feet of any school building, church or publicly owned building, except with the written consent of the governing body of such school, church or public property.
(d) 
Distance from property lines.
No well shall be drilled within 200 feet of any property line of any property without the consent of the owner of such property.
(e) 
Slanted wells.
This section shall not prohibit a permittee, from a properly located surface location, from drilling a slanted hole which would thereby locate the underground portion of the well beneath a street, school, church, etc. This subsection does not create any affirmative right or privilege to drill slanted wells; the drilling of slanted wells shall be governed by the provisions of state and federal law.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.18)
Those in control of the drilling or operation of any oil or gas well in the city shall permit the mayor or his designee to come upon the premises and make inspection and tests at all reasonable hours.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.19)
(a) 
Abandoned wells.
All wells shall be abandoned in accordance with the rules of the railroad commission; however, all well casings shall be cut and removed to a depth of at least ten feet below the surface unless the surface owner submits a written agreement otherwise. Three feet shall be the minimum depth. No structures shall be built over an abandoned well.
(b) 
Blowout prevention.
In all cases, blowout prevention equipment shall be used on all wells being drilled, worked-over or in which tubing is being changed. Protection shall be provided to prevent blowout during gas operations as required by and in conformance with the requirements of the commission and the recommendations of the American Petroleum Institute. The operator must equip all drilling wells with adequate blowout preventors, flow lines and valves commensurate with the working pressures involved as required by the commission.
(c) 
Compliance.
The operator shall comply at all times with all applicable federal, state and city requirements.
(d) 
Discharge.
No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any gas operation or the contents of any container used in connection with any gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the city.
(e) 
Drill stem testing.
All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(f) 
Dust, vibration and odors.
All drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, vibration, or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of gas and other hydrocarbon substances in urban areas. All equipment used shall be so constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effect will be minimized by the operations carried on at any drilling or production site or from anything incident thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor.
(g) 
Electric lines.
All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision.
(h) 
Electric motors.
Only electric prime movers or motors shall be permitted for the purpose of pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city ordinances and the appropriate national codes.
(i) 
Emergency response plan.
Prior to the commencement of any gas or other hydrocarbons production activities, the operator shall submit to the inspector an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the state commission on environmental quality, department of transportation and/or the Environmental Protection Agency.
(j) 
Equipment to be painted.
All production equipment on the site shall be painted and maintained at all times, including pumping units, storage tanks, buildings and structures.
(k) 
Fire prevention; emergency shutoff valve.
Firefighting apparatus and supplies as approved by the fire department and required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and shall be maintained on the drilling site at all times during drilling and production operations. The operator shall be responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an emergency shutoff valve to the well distribution line.
(l) 
Freshwater wells.
(1) 
It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located within 200 feet to any freshwater well. The measurement shall be in a direct line from the closest well bore to the freshwater well bore.
(2) 
The operator of a gas well shall provide the inspector with a "pre-drilling" and "postdrilling" water analysis from any freshwater well within 500 feet of the gas well.
(3) 
Within 180 days of its completion date, each gas well shall be equipped with a cathodic protection system to protect the production casing from external corrosion. The inspector may approve an alternative method of protecting the production casing from external corrosion.
(m) 
Gas emission or burning restricted.
No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law or as permitted by the commission. If the venting of gases into the atmosphere or the burning of gases by open flame is authorized as provided by law or as permitted by the commission, then such vent or open flame shall not be located closer than 300 feet from any building not used in operations on the drilling site and such vent or open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners.
(n) 
Grass, weeds and trash.
All drill and operation sites shall be kept clear of grass or weeds over ten inches in height and combustible trash within a radius of 100 feet around any gas tank or tanks or producing wells.
(o) 
Hazardous materials management plan.
A hazardous materials management plan shall be on file with the fire marshal and the inspector.
(p) 
Lights.
No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within 300 feet.
(q) 
Noise.
A gas well permit holder shall be subject to the following noise restrictions:
(1) 
No drilling, producing or other operations shall produce a sound level greater than 78 dB(A) when measured at a distance of 300 feet from the production equipment in question. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions, four feet above ground level, when measured at a distance of 300 feet from the production equipment. A maximum sound level of 85 dB(A) shall apply to formation fracturing when measured at a distance of 300 feet from the production equipment in question.
(2) 
No person shall operate or permit to be operated in connection with the operation of a producing well any engine, compressor or motor-driven machinery of any type which creates a sound level greater than 65 dB(A) when measured at a distance of 300 feet from the well site. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions measured at a distance of 300 feet from the well site.
(3) 
Sound level measurements shall be made with a sound level meter conforming, at a minimum, to the requirements of the American National Standards Institute.
(4) 
If sound levels exceed the dB(A) levels cited in subsections (1) and (2) of this subsection, the inspector may require sound reducing mufflers.
(5) 
Exhaust from any internal combustion engine, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.
(6) 
All formation fracturing operations shall be conducted during daylight hours unless the operator has notified the inspector that fracing will occur before or after daylight hours to meet safety requirements.
(r) 
Pits.
Lined earthen mud or circulating pits are prohibited. Drilling mud, water and other liquid or semiliquid materials shall be stored in steel tanks.
(s) 
Private roads.
Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the operation site itself shall be at least ten feet wide, have an overhead clearance of 14 feet and shall be surfaced with crushed rock, gravel or ore and maintained to prevent dust and mud. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the inspector after consideration of all circumstances including, but not limited to, the following: distances from public streets and highways, distances from adjoining and nearby property owners whose surface rights are not leased by the operation, the purpose for which the property of such owners is or may be used, topographical features, nature of the soil, and exposure to wind.
(t) 
Routes of vehicles; debris deposited by vehicles.
(1) 
Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as either truck routes or commercial delivery routes by the city wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the city council for the use by any commercial motor vehicle, truck-tractor, trailer, semitrailer, or any combination thereof.
(2) 
The operator shall keep thoroughfares throughout the city free from dirt, dust, mud or other debris deposited by vehicles involved in the well drilling or servicing or pipeline installation process. The operator shall eliminate dirt, dust, mud or other debris accumulations within two hours of notification by the city. If for safety or other reasons, the city elects to perform the removal, the cost of such removal shall be paid by the operator.
(u) 
Salt water disposal wells.
No salt water disposal wells shall be located within the city.
(v) 
Storage of equipment.
(1) 
On-site storage is prohibited on the operation site. No equipment shall be stored on the drilling or production operation site, unless it is necessary to the everyday operation of the well. Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.
(2) 
No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway, alley or upon any operation site which constitutes, in the opinion of the fire department chief or his designee, a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site.
(3) 
No refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises. This shall not be deemed to exclude a conventional gas separator or dehydrator.
(w) 
Storage tanks.
Unless otherwise directed by the commission, all tanks used for storage shall conform to the following:
(1) 
The operator must use portable, closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks must have a vent line, flame arrester and pressure relief valve. All tanks must be enclosed within the fence required by section 5.06.023 of this article. No tank battery shall be within 100 feet of any dwelling or other combustible structure.
(2) 
All tanks and permanent structures shall conform to the American Petroleum Institute (API) specifications unless other specifications are approved by the fire department chief. The top of the tanks shall be no higher than eight feet above the terrain surrounding the tanks. All storage tanks shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be a minimum of three feet in height and 1-1/2 times the contents of the largest tank in accordance with the fire code, and buried at least one foot below the surface. Drip pots shall be provided at the pump-out connection to contain the liquids from the storage tank.
(3) 
All tanks shall be set back pursuant to the standards of the commission and the National Fire Protection Association, but in all cases shall be at least 25 feet from any public right-of-way or property line. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank.
(4) 
No meters, storage tanks, separation facilities, or other above-ground facilities, other than the well head and flow lines, shall be placed in a floodway or the 100-year floodplain.
(5) 
Tanks must be at least 100 feet from any residence, religious institution, hospital building, school, cemetery, historical site or combustible structure.
(x) 
Tank battery facilities.
Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system.
(y) 
Surface casing.
Surface casing shall be run and set in full compliance with the applicable rules and regulations of the commission.
(z) 
Valves.
Each well must have a shutoff valve to terminate the well's production. The fire department shall have access to the well site to close the shutoff valve in an emergency.
(aa) 
Waste disposal.
(1) 
Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling, reworking or deepening of any well shall be discharged into a lined earthen pit. All disposals must be in accordance with the rules of the commission and any other appropriate local, state or federal agency.
(2) 
Unless otherwise directed by the commission, waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every 30 days. Water stored in on-site tanks shall be removed as necessary.
(3) 
All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the state, this article and any other applicable ordinance of the city.
(bb) 
Watchman.
The operator must keep a watchman or security personnel on-site during the drilling or reworking of a well when other workmen are not on the premises.
(cc) 
Restroom facilities.
To meet the requirements as stated by OSHA and other appropriate regulatory agencies.
(dd) 
Work hours.
Site development, other than drilling, shall be conducted only between 7:00 a.m. and 10:00 p.m. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. except in cases of fires, blowouts, explosions and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.20)
(a) 
It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:
(1) 
Within 25 feet from any outer boundary line;
(2) 
Within 25 feet from any storage tank, or source of ignition;
(3) 
Within 75 feet of any public street, road, highway or future street, right-of-way or property line;
(4) 
Within 100 feet of any building accessory to, but not necessary to the operation of, the well;
(5) 
Within 200 feet to any freshwater well. The measurement shall be in a direct line from the closest well bore to the freshwater well bore; or
(6) 
Within 500 feet from any building used, or designed and intended to be used, for human occupancy.
(b) 
The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any object listed in subsection (a) above.
(c) 
The distances set out in subsection (a) above may be reduced at the discretion of the city council, but never less than 300 feet from any dwelling or any other building used, or designed and intended to be used, for human occupancy without the unanimous consent of the property owners within a 300-foot radius around said well and the affirmative vote of not less than three-fourths of all the members of the city council. For protection of the public health, safety and welfare, the city council may impose additional requirements for a reduction of such distance. The reduction of the distance requirement for freshwater wells is subject to the railroad commission regulations and any other state or federal requirements.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.21)
(a) 
The operator shall apply to the city for a license agreement for the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines on, over, under, along or across the city streets, sidewalks, alleys and other city property, so long as production or operations may be continued under any gas well permit issued pursuant to this article.
(b) 
The operator shall:
(1) 
Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights-of-way.
(2) 
Furnish to the inspector of the city a plat showing the location of such pipelines.
(3) 
Construct such lines out of pipe in accordance with the city codes and regulations, properly cased and vented if under a street.
(4) 
Grade, level and restore such property to the same surface condition, as nearly as practicable, as existed when operations for the drilling of the well were first commenced.
(c) 
No gas well permit shall be issued for any well to be drilled within any of the streets or alleys of the city and/or projected streets or alleys shown by the current comprehensive plan of the city, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the inspector or the city council, where required by ordinance. Where permitted, any consent from the inspector shall be temporary in nature and state the number of hours and/or days that any street or alley may be blocked, encumbered or closed.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.22)
(a) 
Fence and gate required.
Fences shall not be required on drill sites during initial drilling, completion or reworking operations as long as 24-hour on-site supervision is provided. Within 30 days after production has been established, all operation sites shall be completely enclosed by a fence meeting the specifications set forth in subsection (b) of this section, being a minimum of eight feet, but not to exceed ten feet, in height. In addition to fences, a secured entrance gate shall be required. All gates are to be kept locked when the operator or his employees are not within the enclosure.
(b) 
Fence specifications.
Unless alternate fence material is approved by the city council, all fences shall consist of at least 50 percent masonry material (no prefabricated material) with the remainder consisting of wrought iron or other like material approved by the city council. All fences used to enclose in whole or in part any drilling or production site shall be constructed in accordance with standard engineering practices and be of a design compatible with the facilities, buildings and structures on and adjacent to the site.
(c) 
Gate specifications.
All fences shall be equipped with at least one gate. The gate shall meet the following specifications:
(1) 
Each gate shall be not less than 12 feet wide and be composed of two gate doors, each of which is not less than six feet wide, or one sliding gate door not less than 12 feet wide. If two gate doors are used, gates shall latch and lock in the center of the span;
(2) 
The gates shall be of wrought iron construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as a chain-link fence;
(3) 
The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site; and
(4) 
The operator must provide the city fire chief with a "Knox padlock" or "Knox box with a key" to access the well site, to be used only in case of an emergency.
(d) 
Signs.
(1) 
A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing erected. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the commission, shall have a surface area of not less than two square feet, nor more than four square feet, and shall be lettered with the following:
(A) 
Well name and number;
(B) 
Name of operator;
(C) 
The emergency 911 number; and
(D) 
Telephone numbers of two persons responsible for the well who may be contacted in case of emergency.
(2) 
Permanent weatherproof signs reading "Danger No Smoking Allowed" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the city. Sign lettering shall be four inches in height and shall be red on a white background or white on a red background. Each sign shall include the emergency notification numbers of the fire department and the operator, and well and lease designations required by the commission.
(e) 
Landscaping.
(1) 
Landscaping and irrigation shall be required along all street frontages of the well site with suitable screening shrubs that complement the architectural character of the surrounding neighborhood. Screening shrubs shall be installed completely around the well site and all required fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet and must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times by the applicant or operator.
(2) 
All landscape and irrigation plans shall be submitted concurrently with the gas well permit application to the city council for approval.
(3) 
Notwithstanding the requirements of this section, the operator may petition the city council to toll the required landscaping installation until such time as the council, in its sole discretion, after written notice to the operator and a public meeting, may determine that the required landscaping installation is necessary due to development around the drill site, change in circumstances, or other factors which the council deems appropriate. The failure of the operator to install the required landscaping in compliance with this section may result in the revocation of the gas well permit in accordance with section 5.06.009 [sic] hereof; or in the alternative, the city may elect to draw from the required bond or letter of credit to install or direct the installation of the required landscaping.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.23)
(a) 
Cleanup after well servicing.
After the well has been completed or plugged and abandoned, the operator shall clean the drill site or operation site, complete restoration activities and repair all damage to public property caused by such operations within 60 days.
(b) 
Cleanup after spills, leaks and malfunctions.
After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the fire department chief and the inspector all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately. If the owner fails to begin site cleanup within 24 hours, the city shall have the right to contact the commission in order to facilitate the removal of all waste materials from the property affected by such spill, leak or malfunction.
(c) 
Debris, weeds, etc.
The property on which a well site is located shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material within a radius of 100 feet around any separators, tanks and producing wells. Burial of debris will not be allowed.
(d) 
Painting.
All production equipment shall be painted and maintained at all times, including wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the inspector shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of green, blue and brown, or other neutral colors approved by the inspector.
(e) 
Blowouts.
In the event of the loss of control of any well, the operator shall immediately take all reasonable steps to regain control regardless of any other provision of this article and shall notify the inspector as soon as practicable. The inspector shall certify in writing, briefly describing the same, to the city manager. If the inspector, in his opinion, believes that danger to persons and property exists because of such loss of well control and that the operator is not taking or is unable to take all reasonable and necessary steps to regain control of such well, the inspector may then employ any well control expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material which the inspector deems necessary to regain control of such well. The city shall then have a valid lien against the interest in the well of all working interest owners to secure payment of any expenditure made by the city pursuant to such action of the inspector in gaining control of said well.
(f) 
Surface requirements for plugged and abandoned well.
Whenever abandonment occurs pursuant to the requirements of the commission, the operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this article.
(g) 
Approval after abandonment.
Abandonment shall be approved by the inspector after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the inspector:
(1) 
The derrick and all appurtenant equipment thereto shall be removed from drill site;
(2) 
All tanks, towers, and other surface installations shall be removed from the drill site;
(3) 
All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the commission;
(4) 
All holes and depressions shall be filled with clean, compactable soil;
(5) 
All waste, refuse or waste material shall be removed from the drill site; and
(6) 
During abandonment, the operator shall comply with all applicable sections in this article.
(h) 
Abandoned well requirements.
The operator shall furnish the following at the discretion of the inspector:
(1) 
A copy of the approval of the commission confirming compliance with all abandonment proceedings under the state law; and
(2) 
A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.
(i) 
Abandonment requirements prior to new construction.
All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.24)
(a) 
Any person who may be aggrieved or injured by any ruling, order, or decision of the mayor or city secretary, or their designees, shall have a right to appeal to the city council from such ruling, order or decision, in the following manner:
(1) 
The appellant shall first deliver to the city secretary, in writing, a statement of the complaint, setting out in detail the nature of the action complained of, the reason for dissatisfaction with such action, and the action which is desired to be taken. A copy of the complaint shall be furnished to the city attorney. The mayor shall have five business days following the delivery of such statement in which to respond or take appropriate corrective action.
(2) 
Thereafter, such person(s) may appeal to the city council by delivering to the city secretary a letter of appeal stating that a desire to appeal to the city council, the nature of the action complained of, the reason(s) for dissatisfaction with such action, and the action which is desired to be taken. The city council may, at its discretion, consider such appeal at a regular session or at a special session, subject always to the notice requirements of the Open Meetings Act.
(3) 
A person who has exhausted all administrative remedies available before the city council, and who is aggrieved by a final decision under this article, may thereafter seek review and judicial relief through a court of competent jurisdiction of the state.
(b) 
A person wishing to appeal or protest a ruling, order, or decision of the mayor or his representatives under the provisions of this article shall do so in the manner set out in this section within 60 days after the ruling, order, or decision complained of, unless the time for such appeal shall be extended by authority of the governing body of the city.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.25)
If ever in [If any of] the restrictions, prohibitions, or provisions in this article conflict with laws of the state or with regulations of the railroad commission of the state, the more restrictive restriction, prohibition, or provision shall apply. In case of inconsistency between this article and any other ordinance of the city, including but not limited to the zoning ordinance, the terms and conditions of this article shall control.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.26)
Any violation of the law of the state or the United States, or any rules, regulations or requirements of any state or federal regulatory body having jurisdiction with reference to drilling, construction, operation or maintenance of oil or gas wells or pipelines, shall also be a violation of this article, and shall be punishable in accordance with the provisions hereof.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.27)
(a) 
Criminal penalty.
It shall be unlawful and an offense for any person to violate or fail to comply with any provision of this article. Any person who shall violate any of the provisions of this article or any of the provisions of a permit issued pursuant to this article or who shall fail to comply with the terms hereof shall, on conviction thereof, be fined in an amount not exceeding $500.00; provided, however, the violation of any provision hereof which governs fire safety, public health and sanitation shall be punished by a fine not exceeding $2,000.00. Each and every day a violation continues shall constitute a separate offense punishable hereunder.
(b) 
Civil enforcement.
Upon the violation of any of the provisions of this article, the city, through its attorney, may bring an action in the name of the city, against the person(s) engaged in or permitting the violation or reasonably believed about to engage in the violation of this article, to restrain by temporary or permanent injunction such act or practice in violation of this article. The city may likewise, by civil suit, seek civil penalties of $500.00 per day, plus attorneys' fees, and such other civil relief to which it may be entitled at law or by the terms of this article and its contractual provisions.
(Ordinance O-15-12, sec. 1, adopted 12/11/2012; 1997 Code, sec. 115.28)