It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of oil, gas and other substances produced in association with oil and gas within the city to protect the health, safety and general welfare of the public and accomplish the orderly production of available mineral resources.
(Ordinance 2004-04, sec. 1.1, adopted 3/25/04)
(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned well.
Any well in which production casing has been run but which has not been operated for 180 days, and any well in which no production casing has been run and for which drilling operations have ceased for 30 consecutive days.
API.
The American Petroleum Institute, or its successor in function, which issues specifications for the design of petroleum-related fixtures and products.
Approved type and approved design.
Improvements, equipment or facilities of a type or design approved by this article and the RRC.
Building.
Any structure used, or designed and intended to be used, for human occupancy.
Completion of drilling, redrilling and reworking.
The date the work is completed for the drilling, redrilling or reworking and the crew is released by completing their work or contract or by their employer.
Daytime.
The period from 6:00 a.m. to 7:00 p.m.
Drilling.
Digging or boring a new well for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth.
Drilling equipment.
The derrick, together with all parts of and appurtenances to such structure, and every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.
Drill site.
The premises within the perimeter, as shown on the plat attached to the application for a permit, that are used during the drilling or reworking of a well or wells located there and subsequent life of a well or wells or any associated operation.
Dwelling.
A house, duplex, apartment, townhouse, condominium, manufactured home or any other building used for residential purposes.
Exploration.
Geologic or geophysical activities, including seismic surveys, related to the search for oil, gas or other subsurface hydrocarbons.
Fire department.
The fire department normally servicing the city.
Gas.
Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas.
Gas well.
Any well drilled, to be drilled, or used for the intended or actual production of natural gas.
Inspector, gas inspector, or oil and gas inspector.
The oil and gas inspector designated by the city administrator to fulfill duties as outlined in this article.
Lessee.
A person who:
(1) 
Has acquired an oil or gas lease or sublease from the owner(s) of the minerals;
(2) 
Has acquired a surface lease for surface operations from the owner(s) of the surface estate;
(3) 
Has a working interest and right to explore and recover minerals from the premises; and
(4) 
Conducts or carries on any oil or gas exploration, development and operations thereof, or a person conducting the operation for himself or others.
Maintenance.
The repair or replacement of machinery, equipment, apparatus, structures, facilities and parts thereof used in connection with drilling or a drill site, as well as any other work necessary to reduce fire hazards or any hazards to employees, public health, safety and welfare.
Nighttime.
The period between 7:00 p.m. and 6:00 a.m.
Oil.
Any liquid hydrocarbons, regardless of specific gravity, capable of being produced from any well in liquid form at the well by ordinary production methods, enhanced recovery or other stimulation and which is not the result of condensation of gas after it leaves the reservoir.
Oil well.
Any well drilled, to be drilled, or used for the intended or actual production of liquid petroleum or petroleum products, or for the intended or actual disposal of waste liquids, including solutions and liquids containing solids in suspension, produced from any such well.
Operation.
Construction, maintenance, or use of any installation, facility, or structure, directly or indirectly, to carry out or facilitate one or more of the following functions: repair, reworking, development, drilling, production, storage, processing, extraction, enhanced recovery, stimulation, abandonment, or shipping of oil or gas, including site development.
Operation site, well site, or pad.
The area used for development and production and all operational activities associated with oil or gas after drilling activities are complete.
Operator.
Any person who is, or will be, actually in charge and in control of drilling, maintaining, operating, pumping or controlling any well, including, without limitation, a unit operator.
Outer boundary line.
The exterior limits of the property included in the oil or gas lease.
Permit.
A permit issued under this article authorizing the drilling of an oil well or gas well or other operations as herein defined.
Person.
Both the singular and the plural, and means a natural person, corporation, association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or representative of any kind.
Protected use.
A residence, religious institution, public building, hospital building, school or public park.
Public building.
All buildings used or designed to and intended to be used for the purpose of assembly of persons for such purposes as deliberation, entertainment, amusement, or health care. Public buildings include, but shall not be limited to, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, shopping malls, stores and hospitals.
Public park.
Any land area dedicated to and/or maintained by the city for traditional park-like recreational purposes, but shall not include privately owned amusement parks or privately owned or privately managed golf courses.
Redrill.
Recompletion of an existing well by deepening or sidetrack operations extending more than one hundred fifty (150) feet from the existing well bore.
Religious institution.
Any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
Residence.
A house, duplex, apartment, townhouse, condominium, mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a drilling permit is filed with the gas inspector.
Reworking.
Recompletion or reentry of an existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) feet from the existing well bore, or replacement of well liners or casings.
Right-of-way.
Public rights-of-way, including streets, easements and other property within the city and which is dedicated to the use and benefit of the public.
RRC or commission.
The state railroad commission, or its successor in function, which regulates the oil and gas industry in the state.
School.
Any public and private, primary and secondary educational facilities providing education up through and including the twelfth grade level, and any licensed day care centers, meaning a facility licensed by the state or by the city that provides care, training, education, custody, treatment or supervision for more than six children under 14 years of age and for less than 24 hours per day.
Street.
Any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way.
Surface owner.
A person who owns the legal or equitable title in and to the surface estate.
Technical advisor.
Such person(s) familiar with and educated in the oil and gas industry or the law as it relates to oil and gas matters as may be retained from time to time by the city.
Well.
A hole or holes, bore or bores, to any horizon, formation, or strata, for the purpose of producing oil, gas, liquid hydrocarbon, brine water or sulphur water, or for use as an injection well for secondary recovery, disposal or production of oil, gas, or other hydrocarbons from the earth.
Well servicing.
The maintenance work performed within any existing well bore that does not involve drilling, redrilling or reworking.
(b) 
Technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by reasonable and prudent operators in the oil and gas industry.
(Ordinance 2004-04, sec. 1.2, adopted 3/25/04; Ordinance 2006-14, sec. 1, adopted 7/24/06)
(a) 
It shall be unlawful and an offense for any person to do the following:
(1) 
Engage in any activity not permitted by the terms of a permit issued under this article.
(2) 
Fail to comply with any condition set forth in a permit issued under this article.
(3) 
Violate any provision or requirement set forth under this article.
(b) 
Any violation of this article shall be punished by a fine of not more than $2,000.00 per day, subject to applicable state law. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 2004-04, sec. 1.13, adopted 3/25/04)
(a) 
The city administrator shall designate an oil and gas inspector, who shall enforce the provisions of this article.
(b) 
The oil and gas inspector shall have the authority to issue any orders or directives required to carry out the intent and purpose of this article and its particular provisions. Failure of any person to comply with any such order or directive shall constitute a violation of this article.
(c) 
The oil and gas inspector shall have the authority to enter and inspect any premises covered by the provisions of this article to determine compliance with the provisions of this article and all applicable laws, rules, regulations, standards or directives of the state. Failure of any person to permit access to the oil and gas inspector shall constitute a violation of this article.
(d) 
The oil and gas inspector shall have the authority to request and receive any records (other than proprietary information), including any records sent to the RRC, daily drilling logs, reports and the like relating to the status or condition of any well or project or the appurtenances thereof within the city. This material shall remain confidential unless necessary as evidence of the violation of any of the provisions of this article. Failure of any person to provide any such requested material shall be deemed a violation of this article.
(Ordinance 2004-04, sec. 1.3, adopted 3/25/04)
Every operator of any well shall designate an agent, who is a resident of the state, upon whom all orders and notices provided in this article may be served in person or by registered or certified mail. Every operator so designating such agent shall within ten (10) days notify the city secretary in writing of any change in such agent or such mailing address unless operations within the city are discontinued.
(Ordinance 2004-04, sec. 1.4, adopted 3/25/04)
(a) 
Permit required.
A permit shall be required for all oil, gas or other hydrocarbons production and operation activities within the city limits. Such activities include, but are not limited to, exploration, reworking, site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing.
(1) 
It shall be unlawful for any person, acting either for himself or acting as agent, employee, independent contractor, or servant for any person, to drill any well, assist in any way in the production or operation of any such well or conduct any activity related to the production of oil, gas or other hydrocarbons without first obtaining a permit issued by the city in accordance with this article. Such permit shall be valid for the life of the well.
(2) 
When a permit has been issued for exploration for oil and gas or for drilling, redrilling, deepening, reworking, activating or converting of a well, such permit shall constitute sufficient authority for exploration, drilling, operation, production gathering or production maintenance, repair, reworking, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well.
(3) 
No permit shall authorize the drilling, redrilling, deepening, reworking, activating or converting of more than one well or more than one water and/or gas repressurizing or injection facility.
(4) 
No abandoned well shall be activated without obtaining a permit in accordance with the provisions of this article.
(5) 
Any permit issued pursuant to this article shall not be assigned, conveyed, sold, pledged or transferred without the consent of the city. Any assignment, conveyance, sale, pledge or transfer of any permit issued pursuant to this article without the notification shall void the permit.
(6) 
The permits required by this article are in addition to and are not in lieu of any permit which may be required by any other government agency.
(7) 
A person shall have thirty (30) days after the enactment of this article to designate an oil or gas well or facility as a preexisting operation by filing a survey description and plat with the oil and gas inspector.
(b) 
Application; fee.
(1) 
Authorization.
Every application for a permit issued pursuant to this article shall be in writing, signed by the operator, or some person duly authorized to sign on his behalf, and filed with the oil and gas inspector.
(2) 
Application requirements.
A separate permit application shall be made to the city secretary for each exploration or well to be drilled, redrilled, reworked, converted or activated and shall be accompanied by the applicable permitting fee. Completion of each of the items on the “Permit for Gas Well - Check-off Sheet” is required prior to review and/or approval of the permit.
(3) 
Fee.
Fees shall be required for the application and issuance of each permit required pursuant to this article. At the time of the filing of a permit application, a permit fee of $5,000.00 is required.
(4) 
Erection of notice signs.
At least twenty (20) days prior to the date of filing of an application for a permit under this article with the inspector, the operator shall erect at least one sign, not less than two (2) square feet or more than four (4) square feet, upon the premises upon which a permit has been requested. Where possible, the sign shall be located in a conspicuous place or places upon the property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.
(A) 
The sign(s) shall substantially indicate that a permit to drill for oil or gas has been requested and shall further set forth that additional information can be acquired by telephoning the number indicated on the sign.
(B) 
Any filing notice sign(s) shall be removed subsequent to final action by the city inspector.
(5) 
Notice to nearby surface owners.
At least twenty (20) days prior to the date of filing of an application for a urban gas well permit with the oil and gas inspector under this article, the operator shall notify, at the expense of the operator, each surface owner of property within one thousand (1000) feet of the proposed well, which property is not owned by or under lease to the operator. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail. The operator shall file with the application an affidavit showing the name and last known address, as identified by the current tax roll, of each surface owner of property to whom notice was mailed and the names of each surface owner of property to whom notice is required to be given, but whose address is unknown.
(Ordinance 2004-04, sec. 1.5, adopted 3/25/04)
By acceptance of any permit issued pursuant to this article, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this article and all applicable rules, laws, regulations and accepted practices required by applicable state and federal agencies, including but not limited to the RRC and appropriate state and federal environmental agencies. The terms of this article shall be deemed to be incorporated in any permit issued pursuant to this article with the same force and effect as if this article were set forth verbatim in such permit.
(Ordinance 2004-04, sec. 1.6, adopted 3/25/04)
(a) 
Issuance or denial of permit.
(1) 
It is the responsibility of the oil and gas inspector to review and approve or disapprove all applications for drilling permits based on the criteria established by this article.
(2) 
The oil and gas inspector, within 10 days after the filing of a completed application and remittance of all fees, insurance and bonding per the requirements of this article for a permit, shall determine whether or not the application complies in all respects with the provisions of this article. Insurance shall be in the amount of a general liability policy (umbrella) in an amount no less than $2,000,000. Bonding shall be in amounts as specified by the city council.
(3) 
If all the requirements of this article are met, the oil and gas inspector shall issue a permit for the drilling of the well or the installation of the facilities applied for.
(4) 
If the oil and gas inspector denies a permit application, he shall notify the operator in writing of such denial, stating the reasons for the denial. The operator may, within thirty (30) days of the date of the written decision of the oil and gas inspector to deny the permit, file an appeal to the city council under the provisions outlined in section 4.08.013 (appeals) of this article.
(b) 
Well setbacks.
(1) 
In addition to any other requirements outlined in this article, it shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:
(A) 
Within twenty-five (25) feet from any storage tank or source of ignition;
(B) 
Within seventy-five (75) feet of any public street, road, highway or future street, right-of-way or property line;
(C) 
Within six hundred (600) feet from any protected use;
(D) 
Within two hundred (200) feet from any building used, or designed and intended to be used, for human occupancy;
(E) 
Within one hundred (100) feet of any building accessory to but not necessary to the operation of the well; or
(F) 
Within two hundred (200) feet of any freshwater well not drilled by the operator as a specific source of water used for drilling or completion operations without the express written permission of the owner of the water well. The measurement shall be in a direct line from the closest well bore to the freshwater well bore. The distance requirement for freshwater wells is subject to the railroad commission regulations and any other state or federal requirements.
(2) 
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 subsections (b)(1)(A) through (F) above.
(3) 
The provisions of this section shall also apply to any dwellings or buildings for which a permit has been issued or to any freshwater wells being or permitted to be drilled on the date the application for a permit is filed with the oil and gas inspector. A well that conforms to the separation requirements at the time it is drilled will not become a “nonconforming use” due to subsequent surface development.
(4) 
The protected use distance requirements set out in subsection (b)(1)(C) above may be reduced, but never less than two hundred (200) feet from any protected use, with a waiver granted by the city council, in accordance with the procedure established below.
(c) 
Waiver to protected use distance requirements.
(1) 
Within forty-five (45) days of receipt of a complete application, a site plan and a request for waiver to the protected use distance requirements, the gas inspector shall place the matter on the city council agenda for a public hearing and give notice by mail of the time, place and purpose thereof to the applicant and any other party who has requested in writing to be so notified. The forty-five-day period shall not begin to run until the applicant/operator has provided the gas inspector with a complete application package.
(2) 
At least twenty (20) days, and no more than thirty (30) days, prior to the date of the public hearing before the city council for a waiver and the issuance of a well permit, the city shall notify by mail, at the operator’s expense, each surface owner of property as shown by the current tax rolls within one thousand (1,000) feet of the proposed well not owned by or under lease to the operator of the hearing date and time.
(3) 
At least fifteen (15) days, and no more than twenty (20) days, prior to the date of the public hearing before city council, the operator shall publish a copy of the notice in a form approved by the city, at the operator’s expense, in one issue of the local section of a newspaper of general circulation in the city, for ten (10) consecutive days. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application and will be prima facie evidence of such publication.
(4) 
At least twenty (20) days prior to the date of the public hearing before the city council, the operator shall, at the operator’s expense, erect at least one sign, no less than three feet by three feet, upon the premises upon which a waiver has been requested. The sign(s) shall indicate that a drilling permit has been requested and state the date, time and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the applicant/operator at the number indicated on the sign. The sign shall remain posted at the site for the duration of the well permit application.
(5) 
All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
(6) 
The burden of proof on all matters, except notice, considered at the hearing shall be upon the applicant/operator.
(7) 
The city council shall consider the following in deciding whether to grant a waiver to the distance requirements of subsection (b)(1)(C) above:
(A) 
Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there;
(B) 
Whether the drilling of such wells would conflict with the orderly growth and development of the city;
(C) 
Whether there are other alternative well site locations that would allow reasonable access to explore, develop and produce the mineral estate without creating mineral waste;
(D) 
Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the well permit conditions to be imposed;
(E) 
Whether there is access for the city fire personnel and firefighting equipment;
(F) 
Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the well permit conditions are reasonable and justified, balancing the following factors:
(i) 
The right of the owner(s) of the mineral estate to explore, develop, and produce the minerals; and
(ii) 
The availability of alternative drill sites, both presently and at other times, during the lease term;
(G) 
The recommendations of the gas inspector;
(H) 
Whether the protected use property owners within a six-hundred-foot radius around the proposed well approve or object to the proposed well.
(8) 
The city council may require an increase in the operator/applicant’s proposed distance that the well is to be set back from any residence, religious institution, public building, hospital building, school or public park, or require any change in operation, plan, design, or layout or any change in the on-site and technical regulations of this article, including fencing, screening, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by public interest.
(9) 
The city council may accept, reject or modify the application in the interest of securing compliance with this article and/or to protect the health, safety and welfare of the community.
(Ordinance 2006-14, sec. 2, adopted 7/24/06)
(a) 
The oil and gas inspector may, by issuing written notice to the operator of the nature of the noncompliance, suspend or revoke any permit issued under the provisions of this article upon finding any of the following:
(1) 
An operator has failed, neglected or refused to perform, comply with and abide by any of the conditions of the permit;
(2) 
An operator has failed or neglected or refused to comply with or abide by or has in any way violated any of the provisions of this article, or any other ordinance of the city, or any other law, rule, order or regulation, either directly or indirectly, by reason of or in connection with or incidental to his conduct of operations within the city; or
(3) 
An operator has made any willful misrepresentation of any facts in any application for any such permit, or in any report or record required by this article to be filed or furnished by the operator.
(b) 
In the event of the failure of the operator to comply with any provisions of subsection (1), (2) or (3) in subsection (a) above, the oil and gas inspector shall issue a written notice to the operator of the nature of the noncompliance and give the operator a reasonable period of time, but not greater than ten (10) days, from the date of the notice, to respond in writing, to the oil and gas inspector, with a plan of action and schedule for curing the noncompliance. If the operator fails to correct the noncompliance within thirty (30) days from the date of the notice, the oil and gas inspector may suspend or revoke the permit pursuant to the provisions of this article.
(c) 
The operator may, within thirty (30) days of the date of the decision of the oil and gas inspector in writing to suspend or revoke a permit, file an appeal to the city council under the provisions outlined in the “appeals” section of this article.
(d) 
If, in the opinion of the oil and gas inspector, the noncompliance by the operator is sufficient to infringe on the health, safety and welfare of the general public or adjacent surface owners, or the noncompliance is of a nature that infringes on the rules and regulations of the state or the federal government, then the oil and gas inspector shall, upon written notice to the operator, notify the RRC and request that the RRC take any appropriate action. Such action may be taken even if an issue is under appeal to the city council.
(Ordinance 2004-04, sec. 1.8, adopted 3/25/04)
(a) 
Compliance.
The operator shall comply at all times with all applicable federal, state and city requirements.
(b) 
Hazardous materials management plan.
A hazardous materials management plan shall be on file with the fire marshal and the oil and gas inspector.
(c) 
Emergency response plan.
Prior to the commencement of any gas or other hydrocarbons production activities, the operator shall submit to the oil and gas 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 all applicable state, federal and local agencies, including, but not limited to, the RRC and other agencies regulating environmental and transportation matters.
(d) 
Site security.
(1) 
Fences and gates.
See section 4.08.011.
(2) 
Watchman.
The operator shall keep a watchman or security personnel on-site during the drilling or reworking of a well when other workmen are not on the premises.
(3) 
Contact sign and no smoking signs.
(A) 
A sign shall be immediately and prominently displayed at the entrance gate. Such sign shall be of durable material, shall be maintained in good condition and, unless otherwise required by the RRC, shall have a surface area of not less than two (2) square feet nor more than four (4) square feet and shall be lettered with the following:
(i) 
Well name and number;
(ii) 
Name of operator;
(iii) 
The words “In the event of an emergency, please call 911”;
(iv) 
Telephone numbers of two (2) persons responsible for the well who may be contacted in case of emergency.
(B) 
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 (4) 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 RRC or its successor in function.
(e) 
Operations.
(1) 
Surfacing of roads and drill site.
Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the drill site itself shall be surfaced with crushed rock or gravel capable of supporting all equipment and vehicles used in the drilling operations.
(2) 
Abandoned wells.
All wells shall be abandoned in accordance with the rules of the RRC or its successor in function; however, all well casings shall be cut and removed to a depth of at least ten feet (10') below the surface unless the surface owner submits a written agreement otherwise. Three feet (3') shall be the minimum depth. No structures shall be built over an abandoned well.
(3) 
Blowout prevention.
In all cases, blowout prevention equipment shall be used on all wells being drilled or 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 RRC and the recommendations of the API. The operator must equip all drilling wells with adequate blowout preventers, flow lines and valves commensurate with the working pressures involved as required by the RRC.
(4) 
Discharges.
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 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, or sanitary drain or any body of water or any private property in the city.
(5) 
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.
(6) 
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 that vibrations, dust, odor or other harmful or annoying substances or effects 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 methods of drilling and production shall be adopted as they become available if capable of reducing factors of dust, vibration and odor.
(7) 
Electric lines.
All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding areas or subdivisions. If any of the surrounding areas have underground electric service, then service to the production facilities shall be underground.
(8) 
Electric motors.
After drilling operations are completed, and in the event that the well must be pumped (i.e., oil or water pump jack), only electric prime movers or motors shall be permitted for the purpose of pumping. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city ordinances and the appropriate national codes.
(9) 
Painting.
All equipment remaining on the site longer than 30 days shall be painted and maintained at all times, including pumping units, storage tanks, buildings and structures. 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 oil and gas inspector.
(10) 
Fire prevention; sources of ignition.
Firefighting apparatus and supplies as approved by the fire department and required by any applicable federal, state, or local law shall be provided by the operator, at the operator’s cost, and shall be maintained on the drilling site at all times during drilling and production operations. 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.
(11) 
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 RRC. 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 RRC or its successor in function, then such vent or open flame shall not be located closer than five hundred (500) feet to 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 surface owners.
(12) 
Grass, weeds, and trash.
All drill and operation sites shall be kept clear of high grass, weeds, and combustible trash within a radius of one hundred (100) feet around any gas tank or tanks or producing wells.
(13) 
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 other properties in the general vicinity of the operation site. Site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings. A light intensity of not more than 1.0 footcandle shall be detected at a point 3’ above the ground at five hundred (500) feet from the light source.
(14) 
Muffling of exhaust.
Exhaust from any internal combustion engine, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and prevent the escape of noxious gases, fumes or ignited carbon or soot.
(15) 
Well fracturing.
All formation fracturing operations shall be conducted during daylight hours unless otherwise approved by the oil and gas inspector.
(16) 
Pits.
A properly lined earthen mud or circulating pit shall be used. Such pits and contents shall be removed from the premises and the drilling site within sixty (60) days after completion of the well.
(17) 
Saltwater disposal or injection wells.
No saltwater disposal wells, or injection wells for any other purpose, shall be located within the city.
(18) 
Storage of equipment.
(A) 
On-site storage is prohibited. 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.
(B) 
No vehicle or item of machinery shall be parked or stored on any street or right-of-way or in any driveway or alley or upon any operation site which constitutes 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. The fire department shall be the entity that determines whether any equipment on the site shall constitute a fire hazard.
(C) 
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.
(19) 
Storage tanks.
(A) 
All tanks and permanent structures shall conform to the API specifications, or those of its successor in function, unless other specifications are approved by the fire chief. All storage tanks shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be a minimum of three feet (3') in height and one and one-half (1-1/2) times the contents of the largest tank in accordance with the fire code, and buried at least one foot (1') below the surface. Drip pots shall be provided at the pump-out connection to contain the liquids from the storage tank.
(B) 
All tanks shall be set back pursuant to the standards of the RRC and the National Fire Protection Association or their successor in function, but in all cases shall be at least twenty-five (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.
(C) 
No meters, storage tanks, separation facilities, or other aboveground facilities shall be placed in the 100-year floodplain.
(20) 
Tank battery facilities.
Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system.
(21) 
Surface casing.
Surface casing shall be run and set in full compliance with the applicable rules and regulations of the RRC.
(22) 
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 enable it to close the shutoff valve in an emergency.
(23) 
Waste disposal.
Unless otherwise directed by the RRC, all tanks used for the storage of wastewater shall conform to the following:
(A) 
The operator must use closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the API standards. All tanks must have a vent line, flame arrester and pressure relief valve. No tank battery shall be within five hundred (500) feet of any dwelling or other combustible structure.
(B) 
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 RRC and any other appropriate local, state or federal agency. Unless otherwise directed by the RRC, waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every thirty (30) days. Water stored in on-site still tanks shall be removed as necessary.
(C) 
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.
(24) 
Noise.
(A) 
No well shall be drilled or redrilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at the nearest protected use receiver’s/receptor’s property line or one hundred (100) feet from the nearest protected use structure (as measured to the closest exterior point of the building), whichever is closer to the receiver/receptor, that exceeds the ambient noise level by more than five (5) decibels during daytime hours and more than three (3) decibels during nighttime hours. Fracing operations may not exceed the ambient noise level by more than ten (10) decibels. Backflow operations may not exceed the ambient noise level by more than five (5) decibels during nighttime hours.
(B) 
The operator shall be responsible for establishing and reporting to the city the pre-drilling ambient noise level prior to the issuance of a well permit. Once the drilling is complete, the operator shall be required to establish a new ambient noise level prior to the installation of any new noise generation equipment.
(C) 
Adjustments to the noise standards as set forth above in this section may be permitted in accordance with the following:
Permitted Increase
(dBA)
Duration of Increase
(minutes)*
5
15
10
5
15
1
20
Less than 1
*Cumulative minutes during any one hour.
(D) 
All workover operations shall be restricted to daytime hours. “Workover operations” shall mean work performed on a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production.
(E) 
The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within six hundred (600) feet of a protected use shall be continuously monitored to ensure compliance. The cost of such monitoring shall be borne by the operator.
(F) 
Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the gas inspector may be used to ensure compliance. All soundproofing shall comply with accepted industry standards and be subject to approval by the city’s fire department.
(G) 
The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute’s standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(H) 
A citation shall be issued for the failure to correct the violation within 24 hours of the notice of violation by either the gas inspector or the city police.
(I) 
During nighttime operations, the operation of vehicle audible backup alarms shall be prohibited or replaced with approved nonauditory signaling systems, such as spotters or flagmen. Deliveries of pipe, casing and heavy loads shall be limited to daytime hours, except for emergency situations. The derrick man and driller shall communicate by walkie-talkie or other nondisruptive means only when the derrick man is in the derrick. Horns may not be used to signal for connection or to summon the crew (except that a horn may be used for emergency purposes only). The operator shall conduct on-site meetings to inform all personnel of nighttime operations noise control requirements.
(Ordinance 2004-04, sec. 1.9, adopted 3/25/04; Ordinance 2006-14, sec. 4, adopted 7/24/06)
(a) 
Fences.
(1) 
Generally.
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. A secured entrance gate on the access road containing a Knox box shall be required, and all gates are to be kept locked when the operator or its employees are not on the premises. All production equipment on the operation site shall be completely enclosed by a permanent chain-link fence with a secured gate and Knox box as follows.
(2) 
Chain-link fences.
(A) 
The fence shall be at least six (6) feet in height;
(B) 
Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence; provided, however, so long as stability of the fence is maintained, temporary fence posts shall not be required to be set in concrete;
(C) 
The chain link shall be dark green or black steel wire;
(D) 
The chain-link fence shall have a minimum thickness of eleven (11) gauge;
(E) 
Posts and rails shall be standard black or dark green welded pipe; and
(F) 
Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have a minimum thickness of one-fourth by three-fourths inch.
(b) 
Gates.
All chain-link fences shall be equipped with at least one (1) gate. The gate shall meet the following specifications:
(1) 
Each gate must be not less than twelve (12) feet wide and be composed of two (2) gates, each of which is not less than six (6) feet wide, or one (1) sliding gate not less than twelve (12) feet wide. If two (2) gates are used, gates shall latch and lock in the center of the span;
(2) 
The gates shall be of black or dark green chain-link 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 on 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.
(c) 
Landscaping.
(1) 
Well permits will require tree preservation and/or planting measures. Well classifications are established through their proximity to protected uses. A 40% tree canopy requirement through preservation and/or planting will apply to those wells located two hundred (200) to six hundred (600) feet from a protected use. A 30% tree canopy requirement through preservation and/or planting will apply to those wells located between six hundred (600) through one thousand (1,000) feet from protected uses. The following requirements apply to all well permits:
(A) 
A minimum retention of 25% of the existing trees will be required unless removal is necessary for location of equipment as determined by the inspector.
(B) 
No more than 25% of the same species may be planted at one site.
(C) 
A minimum of 25% of the planted trees must be an evergreen species.
(D) 
A minimum of 75% of the planted trees must be located between the well site and protected uses or public ways. An administrative waiver of the 75% placement can be approved by the city administrator with proof that the proposed planting will screen the negative views into the well site from the protected uses.
(E) 
The percent coverage is established by the actual canopy coverage area retained and tree plantings. For planted trees, two thousand (2000) square feet will be credited for large canopy trees, seven hundred (700) square feet will be credited for medium canopy trees and one hundred (100) square feet will be credited for small canopy trees at normal grow-out.
(F) 
The minimum size of tree planted will be three (3) inches in diameter measured one foot about ground level. If the tree is multi-trunk, the main stem will be given full credit for its diameter and all other stems will receive 1/2 credit. The total of all must be three (3) inches or greater. All planted trees will be credited their canopy coverage at normal grow-out.
(G) 
All trees that die within two (2) years of the date of project completion will be replaced by another replacement tree. The replacement tree carries the same two-year replacement requirement. A replacement of any tree that dies within two (2) years of planting will be replaced by the operator or agent and a new two-year guarantee will begin at the time of replacement.
(H) 
All other interpretations of the tree canopy coverage and regulations will be made by the city administrator.
(2) 
The following list of trees is considered desirable and adapted trees in the city. Planting of trees from this list is acceptable. Other trees will be considered by the city administrator and granted on a case-by-case basis. The approval of additional species will be judged on adaptability, long-term health and growing characteristic of the tree type.
Common Name
Canopy Size
Redbud
Small
Mexican plum
Small
Cherry laurel
Medium
Eve’s necklace
Medium
Crab apple
Medium
Bradford pear
Medium
Golden raintree
Medium
Caddo maple
Large
Red maple
Large
Bigtooth maple
Large
Bur oak
Large
Chinquapin oak
Large
Live oak
Large
Shumard red oak
Large
Texas red oak
Large
Post oak
Large
Blackjack oak
Large
Pecan
Large
Lacebark elm
Large
Cedar elm
Large
American elm
Large
Bald cypress
Large
Black walnut
Large
Green ash
Large
Texas ash
Large
Southern magnolia
Large
(3) 
The operator/applicant may request a waiver from the requirements of this section by submitting a detailed site plan for review and approval by the city council. All hearings requesting approval for an alternate landscape plan by the city council shall follow the procedure and notice requirements for the waiver from the protected use distance requirement established in this article.
(Ordinance 2006-14, sec. 3, adopted 7/24/06)
(a) 
Cleanup after well servicing.
After completion of a well or abandonment, the operator shall clean the drill or operation site area and repair all damage to public property caused by such operations within sixty (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 city fire chief and the oil and gas inspector all oil and waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately. If the operator fails to begin site cleanup within twenty-four (24) hours, the city shall have the right, at the expense of the operator, to remove all oil and waste materials from the property affected by such spill, leak or malfunction.
(c) 
Site to be kept free from debris and waste material.
The property on which an oil well site is located shall at all times be kept free of debris, pools of oil, water or other liquids, contaminated soil, weeds, brush, trash or other waste material within a radius of one hundred (100) feet around any separators, tanks and producing wells.
(d) 
Blowouts.
In the event of the loss of control of any well, the operator shall immediately take all reasonable steps to regain control regardless of any other provision of this article and shall notify the oil and gas inspector as soon as practicable.
(Ordinance 2004-04, sec. 1.11, adopted 3/25/04)
(a) 
The city council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a permit or the revocation of any permits issued hereunder or determination of the existence of an abandoned well, as provided by this article. Any person or entity whose application is denied by the oil and gas inspector (other than for distance requirements set out in this article) or whose permit is suspended or revoked or whose well or equipment is deemed by the oil and gas inspector to be abandoned may, within thirty (30) days of the date of the written decision of the oil and gas inspector, file an appeal to the city council, after recommendation by the planning and zoning commission, in accordance with the following procedure:
(1) 
An appeal shall be in writing and shall be filed in triplicate with the city secretary. The grounds for appeal must be set forth specifically, and the error described, by the appellant.
(2) 
Within ten (10) days from and after the filing of the appeal, the city secretary shall transmit copies to the city council of all papers involved in the proceedings. In addition, the city secretary shall make and transmit to the city council such supplementary reports as deemed necessary to present the facts and circumstances of the case. Copies shall be mailed to the appellant ten (10) days prior to the hearing.
(3) 
Within forty-five (45) days of receipt of the records, the city secretary shall place the matter on the city council agenda for hearing and give notice by mail of the time, place and purpose thereof to the appellant and any other party who has requested in writing to be so notified. No other notice need be given.
(b) 
Appeal fees shall be required for every appeal in the amount of $250.00.
(Ordinance 2004-04, sec. 1.12, adopted 3/25/04)