The exploration, development, and production of gas in the town
are activities which necessitate reasonable regulation to ensure that
all property owners, mineral and otherwise, have the right to peaceably
enjoy their property and its benefits and revenues. 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 or gas and other substances produced in association
with oil and gas within the town to protect the health, safety and
general welfare of the public, minimize the potential impact to property
and mineral rights owners, protect the quality of the environment
and encourage the orderly production of available mineral resources.
(Ordinance 2006-1113-02 adopted 11/13/06)
All technical industry words or phrases related to the drilling
and production of oil or gas wells not specifically defined shall
have the meanings customarily attributable thereto by prudent operators
in the oil and gas industry. For the purposes of this article, the
following definitions shall apply unless the context clearly indicates
or requires a different meaning.
As defined by the railroad commission and includes the plugging
of the well and restoration of the drill site as required by this
article.
The building inspector or building official employed by,
or designated by, the town.
Any digging or boring of a new well to develop or produce
oil or gas or to inject gas, water, or any other fluid or substance
into the earth. Drilling means and includes the reentry of an abandoned
well and/or reentry for the purpose of directionally drilling to establish
a new well bore. Drilling does not mean or include the reentry of
a well that has not been abandoned.
The area used for drilling, completing, or reworking a well,
as well as, all access roads into and out of said location.
The United States Environmental Protection Agency.
Geologic or geophysical activities, including, but not limited
to, surveying and seismic exploration, related to the search for oil,
gas, or other sub-surface oil or gas.
The United States Federal Emergency Management Agency.
The fire chief (or other designee by the town) of the town
volunteer fire department.
The most recent fire code adopted by the town.
Gas or natural gas, as such terms are used in the rules,
regulations, or forms of the railroad commission.
Any well drilled for the production of gas or classified
as a gas well under the Texas Natural Resources Code.
The hazardous materials management plan and hazardous materials
inventory statements required by the fire code.
A new well bore or new hole established at the ground surface
and shall not include the reworking of an existing well that has not
been abandoned.
Oil or crude oil, as such terms are used in the rules, regulations,
or forms of the state railroad commission.
An oil or gas well permit applied for and issued or denied
under this article, authorizing the drilling, production, and operation
of one or more oil or gas wells.
Any well drilled for the production of oil or classified
as an oil well under the Texas Natural Resources Code.
The area used for development and production and all related
operational activities of gas after drilling activities are complete.
For each well, the person listed on the state railroad commission
form W-1 or form P-4 for an oil or gas well.
Both the singular and plural and means a natural person,
corporation, association, partnership, receiver, trustee, guardian,
executor, administrator, and a fiduciary or representative of any
kind.
A person familiar with, and educated in, the oil and gas
industry, who has been retained by the town.
The railroad commission of the state.
Recompletion or reentry of existing well within the existing
borehole 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.
A hole or bore to any horizon, formation, or strata for the
purpose of producing oil, gas, or other liquid hydrocarbons.
(Ordinance 2006-1113-02 adopted 11/13/06)
The placement of a well for the exploration for or the production
of oil or gas is prohibited in all zoning districts, except “A”
agricultural, “LI” light industry, and “U”
utility, unless otherwise specifically excepted herein. Notwithstanding
the foregoing, no well shall be placed in any district without a special
use permit having first been granted in accordance with the town’s
comprehensive zoning ordinance.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
Subject
to the issuance of a special use permit, the drilling and production
of oil or gas within the corporate limits of the town shall be permitted
by right within the “A” agricultural district, provided
that no residential structure or place of assembly, institution or
school exists no closer than six hundred feet (600') from the wellhead
or within a previously platted residential subdivision where one or
more lots have structures and provided that the drilling and production
of gas meets the following requirements:
(b)
The
drilling and production of gas within the corporate limits of the
town shall be permitted by right within the “A” agricultural
district, if the property owner of a residential structure within
two hundred and fifty feet (250') to six hundred feet (600') of the
wellhead agrees in writing and provided that the drilling and production
of gas meets the requirements of this section and other requirements
of this article.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
No person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall engage in drilling or production of an oil or gas well within the corporate limits of the town, without first obtaining a special use permit as required by this article, as amended, and chapter 14 of this code (the town’s comprehensive zoning ordinance).
(b)
An
application for a special use permit for the drilling and production
of an oil/gas well shall be filed by the person having legal authority.
That person is presumed to be the record owner, mineral owner, or
the duly authorized agent of either the record owner or the mineral
owner. An applicant shall submit written notarized documentation of
his/her authority to file an application.
(c)
No
application shall be accepted for filing until it is complete, and
the fee established by the town council has been paid. Incomplete
applications shall be returned, less a fee for processing determined
by the town secretary and/or designee.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
Prior
to the issuance of an oil/gas drilling permit, any person who proposes
drilling and/or the production of oil or gas on a tract of land located
within the town limits or within the town’s extraterritorial
jurisdiction shall prepare and file an oil/gas well development plat
with the town, regardless of whether the property has previously been
platted.
(b)
Oil/gas
well development plats shall be processed and approved in accordance
with the town’s subdivision regulations and the provisions of
this article, and no new oil or natural gas development may begin
on property until the oil/gas well development plat is filed and approved
by the town in accordance with the provisions of this section. Where
the provisions of this article conflict with those set forth in the
town’s subdivision regulations, the provisions of this article
will prevail.
(c)
Erosion
control is required and shall comply with all local, state and federal
requirements. The operator shall file a copy of the stormwater pollution
plan if required by the EPA.
(d)
With
the exception of vehicular access, no development is allowed in a
floodplain.
(e)
General requirements.
An application for the approval
of an oil and gas well development plat, together with fifteen (15)
prints, shall be filed with the town secretary at least thirty (30)
consecutive calendar days prior to the meeting of the planning and
zoning commission at which the plat is to be considered. No plat will
be considered filed until a complete application, inclusive of all
the required items and information listed herein are provided, and
the appropriate filing fees have been paid. In addition, tax certificates
(indicating that all taxes on the land covered by the plat have been
paid to the current year) must be submitted with an application for
approval of an oil and gas well development plat.
(f)
Existing features.
The oil and gas well development
plat shall be drawn at a scale of one hundred feet to the inch (1"
= 100'). The information to be included and the procedure for submittal
are as follows:
(1)
Boundary lines of the entire area covered by the oil and gas well
development plat, indicated by heavy lines, and the computed acreage
of the subdivision shall be noted;
(2)
The widths and names of all existing or platted streets or other
public rights-of-way or easements within, or adjacent to, the tract,
shall be located together any existing permanent buildings, railroads,
and other important features, such as abstract lines, political subdivisions
or corporation boundaries, and school district boundaries; [sic]
(3)
Existing sewer mains, water mains, drainage culverts, or other underground
structures within the tract and within at least two hundred (200)
feet of the tract, with pipe sizes and grades;
(4)
Contours with intervals of two (2) feet or less, with references
to mean sea level datum;
(5)
The names and lot patterns of subdivisions and/or the names of record
owners of unsubdivided land within six hundred (600) feet of the perimeter
of the oil and gas well development plat;
(6)
Permanent structures and land uses within the area covered by the
oil and gas well development plat and within six hundred (600) feet
of the perimeter of the oil and gas well development plat. Said permanent
structures and uses shall include houses, barns, walls, wells, tanks,
and other significant features;
(7)
The exact location, dimension, description, and flow line of existing
drainage structures and the locations, flow line of existing water
courses, and the 100-year FEMA floodplain within the plat;
(8)
The locations, types, and sizes of all utility infrastructure within
the area covered by oil and gas well development plat.
(g)
New features.
The following features must also be shown
on the oil and gas well development plat:
(1)
North point, scale, date, and approximate acreage of the proposed
plat;
(2)
The names, addresses, and phone numbers of the applicant(s), engineer,
surveyor, or planner;
(3)
The tract designation and other description according to the real
estate records of the town, county, or central appraisal district
for each tract of land contained within the oil and gas well development
plat;
(4)
The layout, names, and widths of all existing and proposed interior
roads, gates, and fencing;
(5)
Identification of all truck routes and access points;
(6)
A drainage and erosion control plan that is prepared by a professional
engineer licensed to operate in the state must be submitted with an
application for an oil and gas well development plat. The drainage
and erosion control plan must be approved by the town engineer and
must include the following information:
(A)
All floodplain, creek, and stream crossings shall be designed to
a 25-year storm frequency;
(B)
The erosion control plan must provide references to all applicable
local, state, and federal standards and must indicate how these requirements
are to be satisfied;
(C)
Verification that all floodplain, creek, and stream crossings shall
have no negative effects on other property.
(7)
Identify the proposed source of water and any other public utilities
required;
(9)
Provide typical well site schematics showing [the] layout during
drilling and upon completion of drilling;
(10)
Show location of all proposed underground pipelines;
(11)
Identify pipelines connected with a gas distribution system;
(12)
Identify the location of any freshwater wells;
(13)
Identify the location of all reserve pits, structures, tanks and
all areas where equipment is to be stored;
(14)
Identify all required screening and shrubs;
(15)
Legal description of the property included within the plat and a
metes and bounds description of perimeter of the plat;
(16)
Primary control points or descriptions, and ties to such control
points to which all dimensions, angles, bearings, block numbers, and
similar data shall be referred;
(17)
Location of town limits, the town’s extraterritorial jurisdiction,
and zoning district boundaries, if they traverse the plat, or form
any part of the boundary of the plat, or are contiguous to the boundary
of the plat;
(18)
Any proposed changes in topography shown by contour lines on a basis
of five (5) foot vertical intervals in terrain with a slope of two
(2) percent or more, and on a basis of two (2) foot vertical intervals
in terrain with a slope of less than five (5) percent;
(19)
A copy of all existing protective covenants regulating the use of
land shall be submitted with an application for an oil or gas well
development plat; and
(20)
Written agreement(s) with notarized signatures of the applicant for
an oil and gas well development plat and any person owning a residential
structure located within six hundred (600) feet of a proposed well
site that grants authorization to drill within six hundred (600) feet
of said residential structure(s) must be submitted with an application
for an oil and gas well development plat.
(h)
As-built
drawings shall be filed with the town.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
Prior
to the issuance of an oil/gas drilling permit, any person who proposes
drilling and/or the production of oil or gas on a tract of land located
within the town limits or within the town’s extraterritorial
jurisdiction shall prepare and file a site plan with the town. No
oil or gas development activity may begin on property until the oil/gas
well development site plan is filed and approved by the town council,
after recommendation by the planning and zoning commission.
(b)
The
site plan shall be drawn to scale and shall show general use, lot
arrangements, building sites and elevations, and the location and
design of all internal streets, drives, railway facilities, parking
areas, uses, pipelines, and structures. Site plans shall be prepared
by a professional engineer licensed to practice in the state and shall
bear the engineer’s seal.
(Ordinance 2006-1113-02 adopted 11/13/06)
The drilling and production of an oil/gas well by right or the
drilling and production of an oil/gas well by a special use permit
required by this article shall include the following standards:
(1)
Compliance with the development plat.
No drilling or
production of an oil/gas well shall begin until an oil/gas well development
plat that has been approved by the town council is on file with the
town that conforms to the requirements of this article and the town’s
subdivision regulations.
(A)
The oil/gas well development plat shall provide for adequate public
facilities, including water supply, access roads, drainage, erosion
control and other necessary supporting facilities identified on the
oil/gas well development plat.
(B)
The design, location, and arrangement of all driveways and parking
spaces shall provide for the safe and convenient movement of vehicular
and pedestrian traffic without adversely affecting the general public
or adjacent developments.
(C)
A road repair agreement shall be entered into with the town council.
(2)
On-site requirements.
(A)
No refining process, or any process for the extraction of products
from gas, shall be carried on at a drill site or operation site, except
that a dehydrator and separator may be maintained on a drill site
or operation site for the separation of liquids from gas. Any such
dehydrator or separator may serve more than one well.
(B)
A chainlink fence, at least (8) feet but not to exceed ten (10) feet
in height, shall enclose all completed wells and tanks located within
an oil/gas well permit area. 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 shall be required. All gates are to be kept locked when the operator
or his employees are not within the enclosure.
(C)
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 or opaque
vinyl slats in the chainlink fencing. The vegetation or berms shall
be kept in an attractive state and in good condition at all times
by the applicant or operator. All landscape and irrigation plans shall
be submitted to the town.
(D)
Vehicles associated with drilling and/or production in excess of
three (3) tons shall be restricted to streets as designated on the
vehicle route map.
(E)
Site development, other than drilling or working over a well, shall
be conducted only between the hours of 7 a.m. to 7 p.m. on Monday
through Friday and 9 a.m. to 5 p.m. on Saturday. Truck deliveries
of equipment and materials, including the delivery of water for all
fracture stimulation operations performed on a well, 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 a.m. to 7 p.m., Monday through Friday, 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. “Flowback” operations to recover
fluids used during fracture stimulation shall be performed between
the hours of 7 a.m. to 7 p.m., Monday through Friday.
(F)
Noise restrictions.
(i)
No drilling, producing or other operations shall produce a sound
level greater than 85 dB(a) when measured at a distance of three hundred
(300) feet from the production equipment in question. A maximum sound
level of 90 dB(a) shall apply to formation fracturing when measured
at a distance of three hundred (300) feet from the production equipment
in question.
(ii)
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 three hundred (300) feet
from the well site.
(iii)
If sound levels exceed the dB(a) levels cited in (i) and (ii)
of this subsection, the town may require, in addition to any other
remedy or sanction, sound-reducing mufflers.
(iv)
No air, gas or pneumatic drilling shall be allowed due to the
noise and safety factors involved.
(G)
All tanks and permanent structures shall conform to the American
Petroleum Institute (A.P.I.) specifications, unless other specifications
are approved by the fire chief. The top of the tanks shall be no higher
than fifteen (15) feet above the terrain surrounding the tanks. All
tanks shall be set back pursuant to the standards of the railroad
commission and the National Fire Protection Association, but in all
cases, shall be at least twenty-five (25) feet from any public right-of-way.
(H)
Main transmission pipeline cooling or compression facilities are
not allowed in any zoning district in the town.
(I)
Air or pneumatic drilling is not allowed in the town.
(J)
Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED”
in a minimum of four-inch (4") lettering shall be posted at the entrance
of each drill site and operation site. The sign shall include the
phone number for emergency services (911), the number for the operator,
and the well designation required by the railroad commission in two-inch
(2") lettering.
(K)
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 (10) feet wide, have an overhead clearance of
fourteen (14) feet and shall be paved or 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 town engineer and/or fire chief
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.
(L)
No person shall place, deposit, or discharge (or cause or permit
to be placed, deposited, or discharged) any oil, naphtha, petroleum,
asphalt, tar, hydrocarbon substance, or any refuse, including wastewater
or brine, from any gas operation or the contents of any container
used in connection with any oil or gas operation in, into, or upon
any public right-of-way, storm drain, ditch or sewer, sanitary drain
or sewer, any body of water, or any private property within the corporate
limits of the town or the town’s extraterritorial jurisdiction.
(M)
All electric lines to production facilities shall be located underground.
(N)
All fire suppression and prevention equipment required by any applicable
federal, state, or local law shall be provided by the operator, at
the operator’s cost, and maintenance and upkeep of such equipment
shall be the responsibility of the operator.
(O)
No operator shall excavate or construct any lines for the conveyance
of fuel, water, or minerals on, under, or through the streets or alleys
or other land of the town without an easement or right-of-way permit
approved by the town council and then only in strict compliance with
this article, with other ordinances of the town, and/or with the specifications
established by the town engineer.
(P)
The digging up, breaking, excavating, tunneling, undermining, breaking
up, or damaging of any public street or leaving upon any public street
any earth or other material or obstruction, is prohibited unless the
operator has first obtained written permission from the town engineer,
and then only in compliance with specifications established by town
ordinances.
(Q)
No oil/gas well permit shall be issued for any well to be drilled
within any of the streets or alleys of the town and/or streets or
alleys shown by the town’s thoroughfare plan, and no street
shall be blocked or encumbered or closed due to any exploration, drilling,
or production activities unless prior consent is obtained by the town
council, and then only temporarily.
(R)
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. 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 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 town engineer or the fire chief shall determine whether
equipment on the site shall constitute a fire hazard. 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.
(3)
Flow lines and gathering lines.
(A)
Each operator shall place an identifying sign at each point where
a flow line or gathering line crosses a public street or road.
(B)
Each operator shall place a warning sign for lines carrying H2S (hydrogen
sulfide) gas as required by the railroad commission.
(C)
All flow lines and gathering lines within the corporate limits of
the town (excluding utility lines and franchise distribution systems)
that are used to transport oil, gas, and/or water shall be limited
to the maximum allowable operating pressure applicable to the pipes
installed and shall be installed with at least the minimum cover or
backfill specified by the American National Safety Institute Code,
as amended. All such lines shall be buried to a minimum of 36" below
the ground surface and shall be shown on the as-built plans.
(D)
Structures shall not be built over flow lines or gathering lines.
(4)
Additional safety and environmental requirements.
(A)
The drilling and production of oil/gas and accessing the oil/gas
well site shall be in compliance with all state and federal environmental
regulations.
(B)
Oil/gas wells may have a target location or bottom-hole location
that is under an environmentally-sensitive area when the oil/gas well
is drilled directionally from a location outside the environmentally-sensitive
area.
(C)
Each well shall be equipped with an automated valve that closes the
well in the event of an abnormal change in operating pressure. All
wellheads shall contain an emergency shutoff valve to the well distribution
line.
(D)
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.
(E)
All storage tanks shall be equipped with a secondary containment
system including lining with an impervious material. The secondary
containment system shall be of a sufficient height to contain 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 pump out connection to contain the
liquids from the storage tank.
(F)
Tank battery facilities shall be equipped with a remote foam line
and a lightning arrestor system.
(G)
A hazardous materials management plan shall be on file with the town
secretary.
(H)
An evacuation program shall be filed with the town prior to starting
any drilling operation.
(I)
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 (10') below the surface unless the
surface owner submits a written agreement otherwise. Three feet (3')
shall be the minimum depth. A copy of the mandatory well casing report
required for abandoned wells by the railroad commission shall be submitted
to the water service provider that provides services to the area in
which a well is located.
(J)
No structures shall be built over an abandoned well.
(K)
No saltwater disposal wells shall be located within the town.
(L)
Lining and fencing the reserve pit shall be required for any and
all drilling operations.
(M)
Audible alarms required.
An automated audible alarm
system shall be installed at each well site to provide warnings for
a substantial drop in pressure, the release of any gas or oil, or
fire. Said audible alarm system shall be approved by the town.
(N)
Site cleanup required.
(i)
Cleanup after well servicing.
After the well has been
completed or plugged and abandoned, the operator shall clean and restore
the drill site or operation site as close as practicable to the site’s
predrilling condition and repair all damage to public property caused
by such operations within thirty (30) calendar days of the completion
of well drilling activities or plugging and abandonment of a well.
(ii)
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 town 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 twenty-four (24) hours, the town
shall have the right to contact the railroad commission in order to
facilitate the removal of all waste materials from any property affected
by such spill, leak or malfunction.
(iii)
Free from debris.
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 one hundred (100) feet
around any tanks, separators, and producing wells.
(iv)
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 town as soon as practicable. If the town believes
that a danger to persons and property exists because of 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
town 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 that the town deems necessary to regain control
of such well. Upon the filing of a statement of expenses with the
county clerk, the town shall then have a first, prior, and valid lien
against the property and the interest of the well of all working interest
owners to secure payment of any expenditure made by the town, pursuant
to such action of the town in gaining control of said well. Said lien
shall accrue interest at the rate of ten percent (10%) per annum and
shall be superior to all other liens against the property, including
purchase-money security interests, regardless of when such other lien(s)
may have arisen, except liens for taxes.
(O)
Emergency response plans and emergency incident reporting.
The reporting requirements specified herein are in addition to those required by section 4.07.014 of this article.
(i)
Each gas or oil well owner or operator shall maintain written procedures
to minimize the hazards resulting from an emergency and shall provide
a copy of these procedures to the town secretary. These procedures
shall at a minimum provide for:
(bb)
Effective means to notify and communicate required and pertinent
information to local fire, police, and public officials during an
emergency;
(cc)
The availability of personnel, equipment, tools, and materials
as necessary at the scene of an emergency;
(dd)
Measures to be taken to reduce public exposure to injury and
probability of accidental death or dismemberment;
(ee)
Emergency shut down of an oil or gas well and related site;
(ff)
The safe restoration of service and operations following an
emergency or incident;
(gg)
A follow-up incident investigation to determine the cause of
the incident and require the implementation of corrective measures.
(ii)
Each oil or gas well owner or operator shall meet annually with
representatives of the town to review emergency response plans. These
reviews shall be in accord with U.S. Department of Transportation
and railroad commission requirements, and the owner or operator will:
(aa)
Furnish or update a copy of the emergency response
plan described in the foregoing subsection (O)(i);
(bb)
Review the responsibilities of each governmental organization
in response to an emergency or incident;
(cc)
Review the capabilities of the pipeline owner or operator to
respond to an emergency or incident;
(dd)
Identify the types of emergencies or incidents that will result
in or require contacting the town; and
(ee)
Plan mutual activities that the town and the oil or gas well
owner or operator can engage in to minimize risks associated with
oil or gas well operation.
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At this meeting, the town shall provide the oil or gas well
owner or operator with a list of additional contacts that should be
made in the event of an oil or gas well emergency or incident. The
town will inform the oil or gas well owner or operator of the emergency
response groups that will be contacted through 911.
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(iii)
Upon discovery of an oil or gas well emergency or incident,
the following communications are to be initiated by the affected pipeline
owners or operators:
(aa)
A general description of the emergency or incident;
(bb)
The location of the emergency or incident;
(cc)
The name and telephone number of the person reporting the emergency
or incident;
(dd)
The name of the oil or gas well owner or operator;
(ee)
Whether or not any hazardous material is involved and identification
of the hazardous material so involved; and
(ff)
Any other information as requested by the emergency dispatcher
or other such official at the time of reporting the emergency or incident.
(iv)
The oil or gas well owner or operator shall contact any other
emergency response groups that are necessary that may not be activated
through the county 911 system.
(v)
The oil or gas well owner or operator shall contact the county emergency
planning committee (DCEPC) no later than one (1) hour after the discovery
of any incident.
(vi)
Within two (2) years of the effective date of the oil or gas
well permit and every two (2) years thereafter, the oil or gas well
owner or operator shall conduct an on-site, emergency drill that includes,
but shall not be limited to, the personnel operating the oil or gas
well, local law enforcement personnel, and officials of the town.
(5)
Reworking of a well.
(A)
Reworking of a well to deepen or directional drill an existing well
shall be conducted in accordance with the conditions for the applicable
special use permit or underlying zoning classification that permits
oil/gas development by right. The operator shall provide the town
a copy of additional railroad commission permits that allow drilling
to a deeper depth.
(B)
Reworking of a well to deepen or directional drill an existing well
shall be conducted in accordance with the approved oil/gas well permit
for the well on file with the town secretary.
(6)
Drilling
and production of oil/gas wells shall comply with all federal, state,
and local laws applicable to oil/gas well drilling, production and
operations.
(7)
It
shall be unlawful to drill any well, the center of which, at the surface
of the ground, is located within two hundred (200) feet to any freshwater
well. The measurement shall be in a direct line from the closest well
bore to the freshwater well bore. The operator of a gas well shall
provide the town with a “predrilling” and “post-drilling”
water analysis from any freshwater well within five hundred (500)
feet of the oil or gas well. The operator shall install a freshwater
well within two hundred (200) feet for testing purposes and [it] shall
be tested on a semi-annual basis. Within one hundred eighty (180)
days of its completion date, each oil or gas well shall be equipped
with a cathodic protection system to protect the production casing
from external corrosion. The town may approve an alternative method
of protecting the production casing from external corrosion.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
The town secretary shall forward all applications for special use permits to the planning and zoning commission for review. The planning and zoning commission shall review each application and shall make recommendations regarding the applications to the town council. A copy of all recommendations shall be provided to the operator. The planning and zoning commission may make recommendations regarding any aspect of the proposed oil/gas well development including, but not limited to, recommendations with respect to the standards set forth in section 4.07.008 of this article.
(b)
In
connection with its review of an application for a special use permit
for the drilling and production of oil/gas wells, the planning and
zoning commission may determine that it is necessary to hire a petroleum
specialist to assist the commission in reviewing the application.
If such a determination is made, the commission will provide the operator
a written “scope of work” that the commission proposes
for such specialist. The planning and zoning commission and the operator
will attempt to agree upon the “scope of work”; however,
the decision of the commission shall control. If required by the specialist,
the operator will provide a retainer; otherwise, the operator will
pay for the services of the specialist after they are rendered. All
work performed by the specialist shall be itemized on a daily basis
(including a description of the work and the amount of time spent),
and such itemization shall be provided to the operator with each request
for payment. The operator shall be responsible for payment.
(c)
The
planning and zoning commission has the authority to establish guidelines
to use in making recommendations for oil/gas well permits or by special
use permit.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
Any
person, acting for himself or acting as an agent, employee, independent
contractor, or servant for any person, shall not engage in the drilling
and production of oil/gas wells within the corporate limits of the
town without first obtaining an oil/gas well permit issued under this
article.
(b)
When
an oil/gas well permit has been issued covering a well, the permit
shall constitute authority for drilling, operation, production, gathering
of production, maintenance, repair, reworking, testing, site preparation
consisting of rigs or tank batteries, plugging and abandonment, and
any other activity authorized by this article associated with drilling
or production, by the operator and their respective employees, agents,
and contractors. An oil/gas well permit shall also constitute authority
for the construction and use of all facilities reasonably necessary
or convenient in connection therewith, including gathering lines and
discharge lines, by the operator and its respective employees, agents,
contractors and subcontractors.
(c)
An
oil/gas well permit shall not be required for exploration for oil
or gas. Exploration of oil/gas means geologic or geophysical activities,
including, but not limited to, surveying and seismic exploration,
related to the search for oil, gas, or other sub-surface hydrocarbons.
(d)
Any
well that has been annexed into the town shall be required to meet
the requirements of this article and shall apply for an oil/gas well
permit on the effective date of the annexation. Any well that has
obtained an oil/gas well permit issued by the town prior to the effective
date of this article (ordinance adopted November 13, 2006) shall provide
all information required for oil/gas well permits under this article,
unless the information has been previously provided to the town. Oil/gas
well permits issued prior to the effective date of this article (ordinance
adopted November 13, 2006) shall comply with the following requirements:
(4)
Road maintenance agreement unless already provided.
(e)
An
oil/gas well permit shall not, however, constitute authority for the
reentering and drilling of an abandoned well. Reentry and drilling
of an abandoned well shall require a new oil/gas well permit.
(f)
Applications
for oil/gas well permits shall be in writing; shall be on forms provided
by the town; shall be signed by the operator; shall include the application
fee; and shall include a copy of the applicable special use permit,
development plat and site plan.
(g)
An
oil/gas well permit shall not be issued until such time that the operator
has filed a vehicle route map indicating the route that will be used
by all vehicles associated with drilling and/or production in excess
of three (3) tons.
(h)
An
oil/gas well permit shall not be issued until such time that the operator
and the town have entered into an acceptable road maintenance agreement
that includes provisions for a predrilling road condition evaluation
study and a post-drilling road condition evaluation study. The studies
shall be prepared by a professional engineer and shall be paid for
by the operator. The purpose of the studies is to evaluate the condition
of the vehicle routes used by the operator in order to determine the
extent of damage, if any, caused by drilling operations of the operator.
(i)
Before
drilling and setting casing in any well for oil or gas within the
corporate limits or the extraterritorial jurisdiction of the town,
the permit applicant must contact the town and the governing body
of potable public water supplies and obtain letters stating where
the freshwater sands are to [be] found in the area or field in which
the well is to be drilled. A copy of the governing body of potable
water supplies’ letter must be filed with the town, and the
permit applicant must set sufficient surface casing as required. Failure
to file such letter shall be unlawful and shall be punishable as such.
(Ordinance 2006-1113-02 adopted 11/13/06)
The operator shall provide or cause to be provided the insurance
described below for each well for which an oil/gas well permit is
issued, such insurance to continue until the well is abandoned and
the site restored. Such coverage shall be approved by the town council.
(1)
General requirements.
Indemnification and express negligence
provisions:
(A)
Each oil/gas well permit issued by the town shall include the following
language: “Operator does hereby expressly release and discharge
all claims, demands, actions, judgments, and executions which it ever
had, or now have or may have, or its successors or assigns may have,
or claim to have, against the Town of Cross Roads, and/or its departments,
it[s] agents, officers, servants, successors, assigns, sponsors, volunteers,
or employees, created by, or arising out of personal injuries, known
or unknown, and injuries to property, real or personal, or in any
way incidental to or in connection with the performance of the work
performed by the operator under an Oil/Gas Well Permit and the operator
caused by or arising out of, that sequence of events which occur from
the operator under the Oil/Gas Well Permit and work performed by the
operator. The operator shall fully defend, protect, indemnify, and
hold harmless the Town of Cross Roads, Texas, and/or its departments,
agents, officers, servants, employees, successors, assigns, sponsors,
or volunteers from and against each and every claim, demand, or cause
of action and any and all liability, damages, obligations, judgments,
losses, fines, penalties, costs, fees, and expenses incurred in defense
of the Town of Cross Roads, Texas, and/or its departments, agents,
officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted
by [the] Operator, its agents, assigns, or any third parties on account
of, arising out of, or in any way incidental to or in connection with
the performance of the work performed by the Operator under an Oil/Gas
Well Permit and the Operator agrees to indemnify and hold harmless
the Town of Cross Roads, Texas, and/or its departments, and/or its
officers, agents, servants, employees, successors, assigns, sponsors,
or volunteers from any liabilities or damages suffered as a result
of claims, demands, costs, or judgments against the Town and/or, its
departments, its officers, agents, servants, or employees, created
by, or arising out of the acts or omissions of the Town of Cross Roads
occurring on the drill site or operation site in the course and scope
of inspecting and permitting the oil/gas wells INCLUDING, BUT NOT
LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
SOLE NEGLIGENCE OF THE TOWN OF CROSS ROADS OCCURRING ON THE DRILL
SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING
THE OIL/GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR
TO INDEMNIFY AND PROTECT THE TOWN OF CROSS ROADS, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES
OF THE NEGLIGENCE OF THE TOWN OF CROSS ROADS, TEXAS, ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE
IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH,
AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE TOWN IN THE
COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE OIL/GAS WELL
IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS
ACT.”
(B)
All policies shall be endorsed to read, “This policy will not
be cancelled or nonrenewed without 30 days advanced written notice
to the owner and the Town except when this policy is being cancelled
for nonpayment of premium, in which case 10 days advance written notice
is required.”
(C)
Liability policies shall be written by carriers licensed to do business
in the state and with companies rated A+ or better by A.M. Best, or
with nonadmitted carriers that have a financial rating comparable
to carriers licensed to do business in the state, approved by the
town. The A+ rating by A.M. Best shall be maintained for the policy
period.
(D)
Liability policies shall name as “additional insured”
the town and its officials, agents, employees, and volunteers.
(E)
Certificates of insurance must be presented to the town evidencing
all coverages and endorsements required by this section, and the acceptance
of a certificate without the required limits and/or coverages shall
not be deemed a waiver of these requirements.
(F)
Claims made policies will not be accepted except for excess policies
or unless otherwise provided by this article.
(2)
Required insurance coverages.
(A)
Commercial general liability insurance.
Coverage should
be a minimum combined single limit of $1,000,000 per occurrence for
bodily injury and property damage. This coverage must include premises,
operations, blowout or explosion, products, completed operations,
blanket contractual liability, underground property damage, broad
form property damage, independent contractors protective liability
and personal injury.
(B)
Environmental pollution liability coverage.
(i)
Operator shall purchase and maintain in force for the duration of
the oil or gas well permit, insurance for environmental pollution
liability applicable to bodily injury, property damage, including
loss of use of that damaged property or of property that has not been
physically injured or destroyed; cleanup costs; and defense, including
costs and expenses incurred in the investigation, defense or settlement
of claims; all in connection with a loss arising from the insured
site. Coverage shall be maintained in an amount of at least one million
dollars ($1,000,000) per loss, with an annual aggregate of at least
ten million ($10,000,000) dollars.
(ii)
Coverage shall apply to sudden and accidental pollution conditions
resulting from escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids or gasses, waste material or other irritants,
contaminants or pollutants.
(iii)
The operator shall maintain continuous coverage and shall purchase
extended coverage period insurance when necessary. The extended coverage
period insurance must provide that any retroactive date applicable
to coverage under the policy precedes the effective date of the issuance
of the permit by the town.
(C)
Automobile liability insurance.
Minimum combined single
limit of $500,000 per occurrence for bodily injury and property damage.
Such coverage shall include owned, nonowned, and hired vehicles.
(D)
Worker’s compensation insurance.
In addition to
the minimum statutory requirements, coverage shall include employer’s
liability limits of at least $100,000 for each accident, $100,000
for each employee, and a $500,000 policy limit for occupational disease,
and the insurer agrees to waive rights of subrogation against the
town, its officials, agents, employees, and volunteers for any work
performed for the town by the operator.
(E)
Excess (or umbrella) liability insurance.
Minimum limit
of $10,000,000 covering in excess of the preceding insurance policies.
(F)
Control of well insurance.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
A
security instrument that covers each well must be delivered to the
town before the issuance of the oil/gas well permit for the well.
The instrument must provide that it cannot be cancelled without at
least thirty-days’ prior written notice to the town and, if
the instrument is a performance bond, that the bond cannot be cancelled
without at least ten-days’ prior written notice for nonpayment
of premium. The instrument shall secure the obligations of the operator
related to the well to:
(1)
Repair damage as determined by a professional engineer by comparing
the predrilling and the post-drilling road condition evaluation studies,
excluding ordinary wear and tear, if any, to public streets, including
but not limited to, bridges, caused by the operator or by the operator’s
employees, agents, contractors, subcontractors or representatives
in the performance of any activity authorized by, or contemplated
by, the oil/gas well permit;
(2)
Comply with the insurance and security provisions set forth in section 4.07.011 of this article and this section; and
(3)
Pay any and all fines and penalties imposed upon the operator by
the town for any breach of the oil/gas well permit.
(b)
The
security instrument may be in the form of an irrevocable letter of
credit or payment bond issued by a bank or surety authorized to do
business in the state and approved by the town. The instrument shall
run to the town for the benefit of the town, shall become effective
on or before the date the oil/gas well permit is issued, and shall
remain in effect until the well is abandoned and the site restored.
The security instrument must be provided by a surety company with
an A.M. Best A+ rating that is licensed to conduct business in the
state and shall be payable to the town. Such surety company shall
maintain an A.M. Best A+ rating for the policy period.
(c)
A
certificate of deposit may be substituted for the letter of credit
or payment bond. The certificate shall be issued by a bank in the
county, shall be approved by the town, shall be payable to the order
of the town to secure the obligations of the operator described above,
and shall be pledged to the bank with evidence of delivery provided
to the town. Interest on the certificate shall be payable to the operator.
(d)
The
amount of the security shall be a minimum of $50,000 for any single
well. Any operator who initially posted a $50,000 bond, and whose
well in the producing stage and all drilling operations have ceased,
may submit an application to the town to reduce the existing $50,000
bond.
(e)
The
security will terminate when the oil/gas well permit is transferred,
with respect to the operator-transferor and if the operator-transferee
provides replacement security that complies with this section, when
the well is abandoned and the site restored, and when the town consents
in writing to such termination.
(f)
An
appeal of the determination of the amount of security required under
this article may be made to the planning and zoning commission for
recommendation to the town council for final determination of the
amount of security.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
All
applications for oil/gas well permits shall be filed with the town
secretary or assigns, who shall immediately forward all applications
to the planning and zoning commission for review. Incomplete applications
shall be returned to the applicant, in which case, the town shall
provide a written explanation of the deficiencies, if requested by
the applicant. The town shall retain a processing fee determined by
the town. The town may return any application as incomplete, if there
is a dispute pending before the railroad commission regarding the
determination of the operator. All such applications shall be accompanied
with an approved permit issued by the railroad commission.
(b)
The planning and zoning commission shall review each application and shall determine whether the application includes all of the information required by this article, whether the application is in conformance with the applicable oil/gas well development plat, applicable special use permit or planned development zoning district and whether the application is in conformance with the insurance and security requirements set forth in sections 4.07.011 and 4.07.012 of this article. The planning and zoning commission shall forward a written report regarding its determination to the town council, with a copy provided to the operator.
(c)
The
planning and zoning commission shall review the application and shall
make recommendations to the town council regarding issuance of the
oil/gas well permit. If the town council approves the oil/gas permit
application, the town shall issue an oil/gas permit, which shall be
forwarded to the operator. If, after receiving the application, the
planning and zoning commission determines that the application is
incomplete or that the application is not in conformance with the
applicable oil/gas well development plat and/or the applicable special
use permit, the town may employ a technical advisor under the fire
code.
(d)
The town council may condition the release of the approved oil/gas well permit upon the operator providing the security required by section 4.07.012 of this article and upon the operator entering into a road repair agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved oil/gas well permit.
(e)
Each
oil/gas well permit issued by the town shall:
(1)
Identify the name of each well and its operator;
(2)
Specify the date on which the town issued each permit;
(3)
Specify that drilling must commence on the well covered by the permit
within six (6) months of approval by the town, otherwise the permit
expires. A one-year extension of time may be granted if existing conditions
are the same;
(4)
Specify that once drilling has commenced, the permit shall continue
until the well covered by the permit is abandoned and the site restored
or within one year of the approval date of the permit by the town
council, whichever comes first;
(7)
Incorporate the full text of the release of liability provisions set forth in section 4.07.011(1)(A) of this article;
(8)
Incorporate, by reference, the conditions of the applicable development
plat, site plan or applicable special use permit;
(9)
Incorporate, by reference, the information contained in the permit
application;
(10)
Incorporate, by reference, the applicable rules and regulations of
the railroad commission, including the applicable “field rules”;
(11)
Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by section 4.07.012 of this article;
(12)
Contain the name, address, and phone number of the person designated
to receive notices from the town, which person must be a resident
of the state, that can be served in person or by registered or certified
mail; and
(13)
Incorporate by reference all other permits and fees required by the
fire code.
(f)
The
decision of the planning and zoning commission to recommend denial
of an application for an oil/gas well permit shall be provided to
the operator in writing within 10 days after the decision, including
an explanation of the basis for the decision, if requested by the
operator. The town council shall make the final decision regarding
approval of the oil/gas well permit.
(g)
If
an application for a gas well permit is denied by the town council,
nothing herein contained shall prevent a new permit application from
being submitted to the town for the same well.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
The
operator shall notify the town secretary of any changes to the following
information immediately, within one business day after the change
occurs.
(1)
The name, address, and phone number of the operator;
(2)
The name, address, and 24-hour phone number of the person(s) with
supervisory authority over drilling or operations activities;
(3)
The name, address, and phone number of the person designated to receive
notices from the town, which person must be a resident of the state,
that can be served in person or by registered or certified mail; and
(4)
The operator’s emergency action response plan including “drive-to-maps”
from public rights-of-way to each drill site.
(b)
The
operator shall provide a copy of any “incident reports”
or written complaints submitted to the railroad commission or any
other state or federal agency within 30 days after the operator has
notice of the existence of such reports or complaints.
(c)
Beginning
on December 31st after each well is completed, and continuing on each
December 31st thereafter, until the operator notifies the town that
the well has been abandoned and the site restored, the operator shall
prepare a written report to the town identifying any changes to the
information that was included in the application for the applicable
oil/gas well permit that have not been previously reported to the
town.
(Ordinance 2006-1113-02 adopted 11/13/06)
Any person who intends to rework a well using a drilling or
workover rig, to fracture stimulate a well after initial completion,
or to conduct seismic exploration involving explosive charges shall
give written notice to the town at least 10 days before the activities
begin. The notice shall identify where the activities will be conducted
and shall describe the activities in reasonable detail, including
but not limited to, the duration of the activities and the time of
day they will be conducted. The notice must also provide the address
and 24-hour phone number of the person conducting the activities.
The person conducting the activities will post a sign on the property
giving the public notice of the activities, including the name, address,
and 24-hour phone number of the person conducting the activities.
If the town determines that an inspection by the town is necessary,
the operator will pay the town’s applicable fee for the inspection.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
An
operator shall submit an application to the town to amend an existing
oil/gas well permit to commence drilling from a new drill site that
is not shown on (or incorporated by reference as part of) the existing
permit, to relocate a drill site or operation site that is shown on
(or incorporated by reference as part of) the existing permit, or
to otherwise amend the existing permit.
(b)
Applications
for amended oil/gas well permits shall be in writing, shall be on
forms provided by the town, shall be signed by the operator, and shall
include the following:
(1)
The application fee as set by the town’s adopted fee schedule;
(2)
A description of the proposed amendments;
(3)
Any changes to the information submitted with the application for
the existing oil/gas well permit (if such information has not previously
been provided to the town);
(4)
Such additional information as is reasonably required by the town
to demonstrate compliance with the applicable development plat, site
plan, applicable special use permit or planned development zoning
district; and
(5)
Such additional information as is reasonably required by the town
to prevent imminent destruction of property or injury to persons.
(c)
All
applications for amended oil/gas well permits shall be filed with
the town secretary, who shall then immediately forward said amended
application to the planning and zoning commission for review. Incomplete
applications may be returned to the applicant, in which case the town
shall provide a written explanation of the deficiencies; however,
the town may retain a processing fee as determined by the town. The
town may return any application as incomplete, if there is a dispute
pending before the railroad commission regarding the determination
of the operator.
(d)
If
the activities proposed by the amendment are not materially different
from the activities covered by the existing oil/gas well permit, and
if the proposed activities are in conformance with the applicable
development plat, site plan, or applicable special use permit, then
the planning and zoning commission shall have the authority to approve
the amendment within 10 days after the application is filed.
(e)
If
the activities proposed by the amendment are materially different
from the activities covered by the existing oil/gas well permit, and
if the proposed activities are in conformance with the applicable
development plat, site plan, or the applicable special use permit,
then the planning and zoning commission shall approve the amendment
within 30 days after the application is filed. If, however, the activities
proposed by the amendment are materially different and, in the judgment
of the planning and zoning commission, might create a risk of imminent
destruction of property or injury to persons that was not associated
with the activities covered by the existing permit or that was not
otherwise taken into consideration by the existing permit, the planning
and zoning commission may require the amendment to be processed as
a new oil/gas well permit application.
(f)
The
failure of the planning and zoning commission to review and issue
an amended oil/gas well permit within a reasonable specified time
limit shall not cause the application for the amended permit to be
deemed approved.
(g)
The
decision of the planning and zoning commission to deny an amendment
to an oil/gas well permit shall be provided to the operator in writing
within 10 days after the decision, including an explanation of the
basis for the decision. The operator may appeal any such denial to
the town council.
(Ordinance 2006-1113-02 adopted 11/13/06)
An oil/gas well permit may be transferred by the operator without the consent of the town council if the transfer is in writing [and] signed by both parties, if the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the town as part of the application for the transferred permit is updated to reflect any changes, and if the transferee provides the insurance and security required by sections 4.07.011 and 4.07.012 of this article. The insurance and security provided by the transferor shall be released if a copy of the written transfer is provided to the town. The transfer shall not relieve the transferor from any liability to the town arising out of any activities conducted prior to the transfer.
(Ordinance 2006-1113-02 adopted 11/13/06)
The installation, construction, reconstruction, use, operation,
maintenance, repair and removal of any and all pipelines, conduits
and lines for the conveyance, transmission and delivery of oil and
gas within or through the town shall be in conformity with the oil
and gas pipeline standards hereby adopted by the town, as such may
be amended. A true and correct copy of the oil and gas pipeline standards
and any and all amendments thereto shall be maintained in the office
of the town secretary and the building official. This section and
the standards adopted herein shall not apply to pipes, conduits or
lines used for the transmission of natural gas (liquefied petroleum
gas – LPG) for domestic and household consumption where such
transmission of LPG is directly to households.
(Ordinance 2006-1113-02 adopted 11/13/06)
(a)
If
an operator (or its officers, employees, agents, contractors, subcontractors
or representatives) fails to comply with any requirement of an oil/gas
well permit (including any requirement incorporated by reference as
part of the permit), the town shall give written notice to the operator
specifying the nature of the alleged failure and giving the operator
a reasonable time to cure, taking into consideration the nature and
extent of the alleged failure, the extent of the efforts required
to cure, and the potential impact on the health, safety, and welfare
of the community. In no event, however, shall the cure period be less
than 30 days unless the alleged failure presents a risk of imminent
destruction of property or injury to persons or unless the alleged
failure involves the operator’s failure to provide periodic
reports. The town may issue a stop work order under the fire code.
(b)
If
the operator does not cure the alleged failure within the time specified
by the town, the town may notify the railroad commission and request
that the railroad commission take appropriate action (with a copy
of such notice provided to the operator), and the town may pursue
any other remedy available under this article or other law.
(c)
If
the operator does not cure the alleged failure within the time specified
by the town, the town may, in addition to any other remedy:
(d)
The
recommendation of suspension or revocation of an oil/gas well permit
shall be provided to the operator in writing at least ten (10) days
before any action by the town council. Failure to furnish the operator
with written notice of such recommendation shall not affect the validity
of any proceedings or determination of suspension or revocation.
(e)
If
an oil/gas well permit is revoked, the operator may submit an application
for a new oil/gas well permit for the same well.
(Ordinance 2006-1113-02 adopted 11/13/06)
The building official is authorized and directed to enforce
this article and the provisions of any oil/gas well permit. Whenever
necessary to enforce any provision of this article or an oil/gas well
permit, or whenever there is reasonable cause to believe there has
been a violation of this article or an oil/gas well permit, the building
official, or his designated representative, may enter upon any property
covered by this article or an oil/gas well permit at any reasonable
time to inspect or perform any duty imposed by this article. If entry
is refused, the town shall have recourse to every remedy provided
by law and equity to gain entry. Such refusal shall constitute an
offense under the provisions of this article.
(Ordinance 2006-1113-02 adopted 11/13/06)
(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 an oil/gas well
permit or an oil and gas pipeline permit issued under this article;
(2)
Fail to comply with any conditions set forth in an oil/gas well permit
or an oil and gas pipeline permit issued under this article; or
(3)
Violate any provision or requirement set forth under this article.
(b)
Any violation of this article shall be punished by a fine per day in accordance with section 1.01.009 of this code, subject to applicable state law. Each day a violation occurs constitutes a separate violation.
(c)
The
penalties and remedies provided for in this article are cumulative
of all other penalties and enforcement procedures.
(Ordinance 2006-1113-02 adopted 11/13/06)
