Division 1 Generally

It shall be unlawful and an offense for any person to do the following:

Engage in any activity not permitted by the terms of a gas well permit issued under this article;

Fail to comply with any condition set forth in a gas well permit issued under this article; or

Violate any provision or requirement set forth under this article.

Any violation of this article shall be punished by a fine of not more than two thousand dollars ($2,000.00) per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense.

(Ordinance 418-2006, sec. 20, adopted 11/16/06)

§ 4.06.004 Gas inspector.

The city manager shall designate a gas inspector who shall enforce the provisions of this article. The gas well inspector shall be a qualified engineer, specialist, laboratory or specialty organization acceptable to the city manager. The gas inspector shall issue all permits in accordance with the requirements of this article and 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.

The gas inspector and city manager 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 and to issue citations for violations of this article. Failure of any person to permit access to the gas inspector shall constitute a violation of this article. The gas inspector shall conduct periodic inspections at least once a year of all permitted wells in the city to determine that the wells are operating in accordance within proper safety parameters as set out in this article and all regulations of the commission.

The gas inspector shall have the authority to request and receive any records, including any records sent to the commission, logs, reports and the like, relating to the status or condition of any permitted well necessary to establish and determine compliance with the applicable gas well permit. Failure of any person to provide any such requested material shall be deemed a violation of this article.

The gas inspector shall have the authority to allow alternatives to the technical standards of this article related to public safety and welfare, such as new technology, if the operator has demonstrated to the gas inspector’s satisfaction that the alternatives provide equal or greater protection of the environment or the public.

(Ordinance 418-2006, sec. 3, adopted 11/16/06; Ordinance 748-2019 adopted 4/18/19)

§ 4.06.005 Technical advisor.

The city may from time to time employ a technical advisor or advisors who are experienced and educated in the gas industry or the law as it pertains to gas matters. The function of such advisor(s) shall be to advise, counsel or represent the city on such matters relating to gas operations within the city as the city may want or require and the effect thereof, both present and future, on the health, welfare, comfort and safety of the citizens of the city. In the event such technical advisor(s) is employed for the purpose of advising, counseling or representing the city relative to an operator’s unique and particular set of circumstances, case or request relating to this article, then the cost for such services of such technical advisor(s) shall be assessed against and paid for by such operator in addition to any fees or charges assessed pursuant to this article. Prior to the employment of a technical advisor, the city shall inform the operator of the intended scope of work and the estimated costs and expenses. The employment of a technical advisor shall be approved by the city council.

(Ordinance 418-2006, sec. 17, adopted 11/16/06)

§ 4.06.006 Fees.

For services rendered, the following schedule of fees and charges is hereby adopted:

New gas well permit: $8,150.00.

Amended permit: $2,000.00.

Extended permit: $2,000.00.

Supplemental permit: $2,000.00.

Operator transfer: $2,000.00.

Seismic site inspection: $2,000.00.

Well site inspection fee (per well): The pass through cost to the city for the inspection, plus a $200.00 administrative fee.

Appeal fee: $2,000.00.

§ 4.06.007 Designation of operator’s agent.

In addition to the above fees, each operator shall be responsible for any additional costs incurred by the city which are necessitated by the administration of this article and the permitting of the operator’s operations. Payment of any of the above fees by an operator shall not guarantee a particular result, and all fees shall be retained by the city regardless of a particular application’s results.

(Ordinance 418-2006, sec. 18, adopted 11/16/06; Ordinance 547-2012, sec. 1, adopted 6/21/12)

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 418-2006, sec. 4, adopted 11/16/06)

§ 4.06.008 Periodic reports.

The operator shall notify the gas inspector of any changes to the following information within five business days after the change occurs:

The name, address, and phone number of the operator;

The name, address, and phone number of the person designated to receive notices from the city (which person must be a resident of the state that can be served in person or by registered or certified mail); and

The operator’s emergency action response plan (including “drive-to maps” from public rights-of-way to each drill site).

The operator shall notify the gas inspector of any change to the name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities within one business day.

The operator shall provide a copy of any “incident reports” or written complaints submitted to the railroad commission within thirty (30) days after the operator has notice of the existence of such reports or complaints.

Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the gas inspector that the well has been abandoned and the site restored, the operator shall submit a written report to the gas inspector identifying any changes to the information that was included in the application for the applicable gas well permit that have not been previously reported to the city.

§ 4.06.009 Bond, letters of credit, indemnity and insurance.

Beginning on December 31st after each well is permitted by the city, the operator shall provide an operational status report for every well permitted to the operator within the city. The report shall include the well name, API number, lease name, city case number, commission permit number, commission lease ID number and current status, whether pending, drilling, completing, producing, plugged or abandoned.

(Ordinance 418-2006, sec. 11, adopted 11/16/06)

General requirements.

The operator shall be required to:

Comply with the terms and conditions of this article and the gas well permit issued hereunder.

Promptly clear drilling and operation sites of all litter, trash, waste and other substances used, allowed, or occurring in the operations, and after abandonment or completion grade, level and restore such property to the same surface conditions as nearly as possible as existed before operations.

Indemnify and hold harmless the city, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney’s fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work done by the operator under a gas well permit:

Where such injuries, death or damages are caused by the operator’s sole negligence or the joint negligence of the operator and any other person or entity; and

Regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of the operator.

Promptly pay all fines, penalties and other assessments imposed due to breach of any terms of the gas well permit.

Promptly restore to its former condition any public property damaged by the gas operation.

Bond or irrevocable letter of credit.

Prior to the issuance of a gas well permit the operator shall provide the gas inspector with a security instrument in the form of a bond or an irrevocable letter of credit as follows:

Bond.

A bond shall be executed by a reliable bonding or insurance institution authorized to do business in the state, acceptable to the city. The bond shall become effective on or before the date the gas well permit is issued and shall remain in force and effect for at least a period of six (6) months after the expiration of the gas well permit term or until the well is plugged and abandoned and the site is restored, whichever occurs first. The operator shall be listed as principal and the instrument shall run to the city, as obligee, and shall be conditioned that the operator will comply with the terms and regulations of this article and the city. The original bond shall be submitted to the gas inspector with a copy of the same provided to the city secretary.

Letter of credit.

A letter of credit shall be issued by a reliable bank authorized to do business in the state and shall become effective on or before the date the gas well permit is issued. The letter of credit shall remain in force and effect for at least a period of six (6) months after the expiration of the gas well permit term. If the letter of credit is for a time period less than the life of the well as required by this article, the operator must agree to either renew the letter of credit or replace the letter of credit with a bond in the amount required by this article, on or before 45 days prior to the expiration date of the letter of credit. If the operator fails to deliver to the city either the renewal letter of credit or replacement bond in the appropriate amount on or before 45 days prior to the expiration date of the letter of credit, the city may draw the entire face amount of the attached letter of credit to be held by the city as security for the operator’s performance of its obligations under this article.

The city shall be authorized to draw upon such letter of credit to recover any fines or penalties assessed under this article. Evidence of the execution of a letter of credit shall be submitted to the gas inspector by submitting an original signed letter of credit from the banking institution, with a copy of the same provided to the city secretary.

Amount.

The principal amount of any security instrument shall be fifty thousand dollars ($50,000.00) for any single well. If, after completion of a well, the applicant/operator who initially posted a fifty thousand dollar ($50,000.00) bond has complied with all of the provisions of this article, and whose well in the producing stage and all drilling operations have ceased, may submit a request to the gas inspector for approval to reduce the existing bond to fifteen thousand dollars ($15,000.00) for the remainder of the time the well produces without reworking. During reworking operations, the amount of the bond or letter of credit shall be maintained at fifty thousand dollars ($50,000.00).

An operator drilling or reworking between one and five wells at any given time may elect to provide a blanket bond or letter of credit in the principal minimum amount of one hundred fifty thousand dollars ($150,000.00). If the operator drills or reworks more than five wells at a time, the blanket bond or letter of credit shall be increased in increments of fifty thousand dollars ($50,000.00) per each additional well. Once the wells are in the producing stage and all drilling operations have ceased, the operator may elect to submit a request to the gas inspector for approval to reduce the existing bond and provide a blanket bond or letter of credit for the remainder of the time the well produces, without reworking, as follows:

Number of Producing Wells	Blanket Bond/Letter of Credit Amount Required
Up to 75 wells	$100,000.00
75 to 150 wells	$150,000.00
More than 150 wells	$200,000.00

If at any time, after no less than a fifteen-day written notice to the operator and a public hearing, the city council shall deem any operator’s bond or letter of credit to be insufficient, it may require the operator to increase the amount of the bond or letter of credit up to a maximum of two hundred and fifty thousand dollars ($250,000.00) per well.

Notice of default in performance.

Whenever the gas inspector finds that a default has occurred in the performance of any requirement or condition imposed by this article, a written notice shall be given to the operator. Such notice shall specify the work to be done, the estimated cost and the period of time deemed by the gas inspector to be reasonably necessary for the completion of such work. After receipt of such notice, the operator shall, within the time therein specified, either cause or require the work to be performed, or, failing to do so, shall pay over to the city one hundred twenty-five (125) percent of the estimated cost of doing the work as set forth in the notice. In no event, however, shall the cure period be less than thirty (30) days unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the operator’s failure to provide periodic reports as required by this article.

Use of funds.

The city shall be authorized to draw against any irrevocable letter of credit or bond to recover such amount due from the operator. Upon receipt of such monies, the city shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the commission, such additional money may be demanded from the operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this article.

Civil action or criminal action against operator.

In the event the operator does not cause the work to be performed and fails or refuses to pay over to the city the estimated cost of the work to be done as set forth in the notice, or the issuer of the security instrument refuses to honor any draft by the city against the applicable irrevocable letter of credit or bond, the city may proceed to obtain compliance and abate the default by way of civil action against the operator, or by criminal action against the operator, or by both such methods.

Termination.

When the well or wells covered by said irrevocable letter of credit or bond have been properly abandoned in conformity with all regulations of this article and in conformity with all regulations of the commission and notice to that effect has been received by the city, or upon receipt of a satisfactory substitute, the irrevocable letter of credit or bond issued in compliance with these regulations shall be terminated and cancelled.

Insurance.

In addition to the bond or letter of credit required pursuant to this article, the operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in the state. In the event such insurance policy or policies are cancelled, the gas well permit shall be suspended on such date of cancellation and the operator’s right to operate under such gas well permit shall immediately cease until the operator files additional insurance as provided herein.

General requirements applicable to all policies.

The city, its officials, employees, agents and officers shall be endorsed as an “additional insured” to all policies except employer’s liability coverage under the operator’s worker’s compensation policy.

All policies shall be written on an occurrence basis except for environmental pollution liability (see page and [sic] pollution coverage) and excess or umbrella liability, which may be on a claims-made basis.

All policies shall be written by an insurer with an A-:VIII or better rating by the most current version of the A. M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the city.

Deductibles shall be listed on the certificate of insurance and shall be on a “per occurrence” basis unless otherwise stipulated herein.

Certificates of insurance shall be delivered to the City of Joshua, Attn: City Manager, 101 S. Main St., Joshua, Texas 76058, evidencing all the required coverages, including endorsements, prior to the issuance of a gas well permit.

All policies shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the city.

Any failure on the part of the city to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein.

(H)

Each policy shall be endorsed to provide the city a minimum thirty-day notice of cancellation, nonrenewal, and/or material change in policy terms or coverage. A ten-day notice shall be acceptable in the event of nonpayment of premium.

(I)

During the term of the gas well permit, the operator shall report, in a timely manner, to the gas inspector any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss.

(J)

Upon request, certified copies of all insurance policies shall be furnished to the city.

Standard commercial general liability policy.

This coverage must include premises, operations, blowout or explosion, products, completed operations, sudden and accidental pollution, blanket contractual liability, underground resources damage, broad form property damage, independent contractors protective liability and personal injury. This coverage shall be a minimum combined single limit of $1,000,000.00 per occurrence for bodily injury and property damage.

Excess or umbrella liability.

$5,000,000.00 excess, if the operator has a stand-alone environmental pollution liability (EPL) policy.

$10,000,000.00 excess, if the operator does not have a stand-alone EPL policy. Coverage must include an endorsement for sudden or accidental pollution. If See page and pollution coverage [sic] is written on a “claims made” basis, the operator must maintain continuous coverage and purchase extended coverage period insurance when necessary.

Environmental pollution liability coverage.

The operator shall purchase and maintain in force, for the duration of the gas well permit, insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of 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 any loss arising from the insured site. Coverage shall be maintained in an amount of at least $1,000,000.00 per loss, with an annual aggregate of at least $10,000,000.00. A discovery period for such peril shall not be less than 30 days after the occurrence.

Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants.

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 city.

Control of well.

The policy should cover the cost of controlling a well that is out of control, redrilling or restoration expenses, seepage and pollution damage as first party recovery for the operator, and related expenses, including, but not limited to, loss of equipment, experts and evacuation of residents.

$5,000,000.00 per occurrence/no aggregate, if available, otherwise an aggregate of ten (10) million dollars.

$500,000.00 sublimit endorsement may be added for damage to property for which the operator has care, custody and control.

Worker’s compensation and employer’s liability insurance.

Worker’s compensation benefits shall be state statutory limits.

Employer’s liability shall be a minimum of $500,000.00 per accident.

Such coverage shall include a waiver of subrogation in favor of the city and provide coverage in accordance with applicable state and federal laws.

Automobile liability insurance.

Combined single limit of $1,000,000.00 per occurrence for bodily injury and property damage.

Coverage must include all owned, hired and not-owned automobiles.

Certificates of insurance.

The company must be admitted or approved to do business in the state, unless the coverage is written by a surplus lines insurer.

The insurance set forth by the insurance company must be underwritten on forms that have been approved by the state board of insurance or ISO, or an equivalent policy form acceptable to the city, with the exception of environmental pollution liability and control of well coverage.

Sets forth all endorsements and insurance coverage according to requirements and instructions contained herein.

Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the city. All policies shall be endorsed to read “THIS POLICY WILL NOT BE CANCELLED OR NONRENEWED WITHOUT THIRTY (30) DAYS’ ADVANCE WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS’ ADVANCE WRITTEN NOTICE IS REQUIRED.”

Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance.

Indemnification and express negligence provisions.

Each gas well permit issued by the gas inspector 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 has or may have, or assigns may have, or claim to have, against the city, and/or its departments, 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 a gas well permit. The operator shall fully defend, protect, indemnify, and hold harmless the city and 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 city, its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by 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 a gas well permit. The operator agrees to indemnify and hold harmless the city, its departments, 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 city, its departments, its officers, agents, servants, or employees, created by, or arising out of, the acts or omissions of the city occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells including, but not limited to, claims and damages arising in whole or in part from the negligence of the city occurring on the drill site or operation site in the course and scope of inspecting and permitting the 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 city and/or its departments, agents, officers, servants, or employees from the consequences of the negligence of the city and/or its departments, agents, officers, servants, or employees, whether that negligence is the sole or contributing cause of the resultant injury, death, and/or damage.”

Notice.

The individual designated to receive notice shall be 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 shall within ten (10) days notify the gas inspector in writing of any change in such agent or mailing address unless operations in the city are discontinued and abandonment is complete.

(Ordinance 418-2006, sec. 12, adopted 11/16/06)

§ 4.06.010 Technical regulations.

Site requirements.

Abandoned wells.

All wells shall be abandoned in accordance with the rules of the railroad commission and pursuant to section 4.06.013 of this article.

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 commission and the recommendations of the American Petroleum Institute. 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 commission.

Compliance with applicable regulations.

The operator shall comply at all times with all applicable federal, state and city requirements.

Discharge.

No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged any oil, naphtha, petroleum, asphalt, tar, or hydrocarbon substances or any refuse, including wastewater or brine, from any gas operation or the contents of any container used in connection with any gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, or sanitary drain without permits from the appropriate city departments, or any body of water or any private property in the city.

Drilling notice.

The operator shall provide 48-hour notice to the gas inspector before the start of drilling operations.

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.

Dust, vibration, or odors.

All drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, vibration, or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of gas and other hydrocarbon substances in urban areas. All equipment used shall be so constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or 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 industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor.

Electric lines.

All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision.

(9)

Electric motors.

Only electric prime movers or motors shall be permitted for the purpose of pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city ordinances and the appropriate national codes.

(10)

Emergency response plan.

Prior to the commencement of any gas or other hydrocarbons production activities, the operator shall submit to the 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 the commission, the state commission on environmental quality (TCEQ), the department of transportation and/or the Environmental Protection Agency and the city fire code. A copy of the emergency response plan shall be kept on-site.

(11)

Equipment to be painted and maintained.

All production equipment on the site shall be painted and maintained at all times, including pumping units, storage tanks, buildings and structures.

(12)

Explosives.

Use of explosive charges within the city limits shall require the permission of the city fire chief and city manager with written notice to the police chief.

(13)

Fire notice; notice of release of flammable or hazardous materials.

In the event of a fire or discovery of a fire, smoke, or unauthorized release of flammable or hazardous materials on any property, the operator shall immediately report such condition to the fire department in accordance with the city fire code. The reporting limits for hazardous materials release shall conform to the requirements of the railroad commission and not exceed any state or federal permitting limit. A copy of the hazardous materials release records required by TCEQ shall be forwarded to the fire marshal on an annual basis.

(14)

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. The operator shall be responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an appropriately labeled emergency shutoff valve to the well distribution line.

(15)

Fracing operations.

All formation fracture stimulation operations shall be conducted during daylight hours unless the operator has notified and obtained permission from the gas inspector and city manager for operations during nighttime hours. The following requirements shall apply to all fracture stimulation operations performed on a well within six hundred (600) feet of an occupied residence:

At least forty-eight (48) hours before operations are commenced, the operator shall notify the gas inspector and post a sign at the entrance of the well site advising the public of the date the operations will commence;

“Flowback” operations to recover fluids used during fracture stimulation shall be exempt from work hour restrictions;

A watchman shall be required at all times during such operations; and

At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.

(16)

Protection of freshwater wells.

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 existing 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 gas inspector with a pre-drilling and post-drilling water analysis and flow rate from any existing freshwater well within five hundred (500) feet of the gas well.

An operator may drill a freshwater well, in compliance with state law, to use for drilling and completion operations within two hundred (200) feet of the wellbore, however, a well that is used for drilling and production operations is excluded from the 200-foot setback for future wells drilled on the permitted pad site.

A copy of the state water development board permit shall be provided to the gas inspector along with the geographic coordinates of every water well within five hundred (500) feet of the well bore.

A copy of all plugging and abandonment reports filed with the state and/or transfer of ownership notice shall be provided to the gas inspector and the city manager.

The operator of a gas well shall provide the gas inspector with a pre-drilling and post-drilling water analysis from the freshwater well if the well is transferred to private or public use.

(17)

Gas lift compressors.

Any on-site compressor used to lift gas shall be designed to comply with the noise requirements of this article.

(18)

Gas emission or burning restricted.

No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law or as permitted by the commission. If the venting of gases into the atmosphere or the burning of gases by open flame is authorized as provided by law or as permitted by the commission, then such vent or open flame shall not be located closer than three hundred (300) feet from any building not used in operations on the drilling site and such vent or open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners.

(19)

Gas processing on site.

Except for a conventional gas separator or line heater, no refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises without appropriate city permits and a certificate of occupancy.

(20)

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.

(21)

Hazardous materials management plan.

A hazardous materials management plan (HMMP) and all material safety data sheets (MSDS) for all hazardous materials that will be located, stored, transported and/or temporarily used on the operations site shall be submitted to the gas inspector.

(22)

Lights.

No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300) feet.

(23)

Muffling of exhaust.

Exhaust from any internal combustion engine or compressor, 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 disruptive vibrations and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.

(24)

Pits.

The following applies for pits used for drilling and completion operations:

Closed loop mud systems shall be used for all gas well permit sites unless a waiver is granted by the city council to permit lined earthen mud or circulating pits.

All pits and contents shall be dewatered, backfilled and compacted following the schedule established by the statewide rules of the railroad commission.

No drill cuttings, rotary mud and wastewater generated during drilling operations may be buried on-site unless permitted by the state railroad commission and approved by the city after submission of an acceptable pre-burial test.

The freshwater fracing pit shall be enclosed with open design chain-link black or dark green fencing on all four sides. No freshwater pit may be placed in any city recognized drainageway, FEMA floodplain or floodway. Construction of the freshwater pit must comply with all city, state and federal regulations.

Every drill pit used for drilling operations shall be fenced on all open sides during drilling operations and enclosed on all four sides with a chain-link fence in compliance with section 4.06.011 after drilling operations have ceased.

No flowback wastewater produced by frac operations shall be placed in any open pit without a copy of a valid state permit submitted to the gas inspector.

Freshwater fracing pits, not transferred to the surface owner, shall be closed and the site restored within one hundred twenty (120) days after completion operations have ceased unless extended by the gas inspector.

(25)

Private roads.

Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the operation site itself shall consist of a concrete entrance drive for at least ten feet (10') in length from the intersection with the edge of the paved public right-of-way and meeting the minimum design and construction standards for public streets set forth in the city’s subdivision ordinance, be at least fifteen (15) feet wide, drain appropriately, and have an overhead clearance of fourteen (14) feet, and shall be surfaced with a 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 both the gas inspector and the city manager 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. Watering, wetting or other methods or materials must be used to control the dust on all roads adjacent to residential property.

A permanent approach, meeting the city design requirements, [and] gate shall be constructed at the entrance of the access road onto a public street within sixty (60) days after drilling operations have ceased or at the request of the gas inspector.

(26)

Saltwater disposal wells.

No commercial saltwater disposal wells shall be located within the city.

(27)

Signs.

A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing erected pursuant to section 4.06.011 of this article. Such sign shall be of durable material, maintained in good condition and, unless otherwise required by the commission, 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 emergency 911 number; and

(iv)

Telephone numbers of two (2) persons responsible for the well who may be contacted in case of emergency.

Permanent weatherproof signs reading “DANGER NO SMOKING OR OPEN FLAME ALLOWED IN THIS AREA” “PELIGRO NO FUMAR O INICIAR LLAMA EN ESTA AREA” 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 commission.

In accordance with the city fire code, sections 2703.5 and 2703.6, National Fire Prevention Association (NFPA) 704 diamond hazard identification signs are required on each tank and at the entrance to the site adjacent to the operator’s sign. A label must be located on each tank indicating exact chemicals that may be contained in the tank. Text shall be minimum six (6) inches in height, contrasting with the background color.

(28)

Storage of equipment.

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 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 an equipment on the site shall constitute a fire hazard.

(29)

Storage tanks.

All tanks and permanent structures shall conform to the American Petroleum Institute (API) specifications unless other specifications are approved by the fire chief and gas inspector. 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'). Drip pots shall be provided at the pump-out connection to contain the liquids from the storage tanks.

Temporary flowback tanks shall be removed within ninety (90) days after completion of the gas well(s) at the pad site unless permission is obtained from the gas inspector to extend the time period for no more than thirty (30) days.

All tanks shall be set back pursuant to the standards of the commission and the National Fire Protection Association, but in all cases shall be at least twenty-five feet (25') from any public street, road, highway or future street, or right-of-way and fifty feet (50') from a structure. 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.

No meters, storage tanks, separation facilities, or other aboveground facilities, other than the well head and flow lines, shall be placed in a floodway identified by FEMA on the most current FIRM.

Tanks must be at least one hundred feet (100') from any residence, religious institution, public building, hospital building, school or combustible structure.

(30)

Tank battery facilities.

Tank battery facilities shall be equipped with a lightning arrestor system.

(31)

Surface casing.

Surface casing shall be run and set in full compliance with the applicable rules and regulations of the commission.

(32)

Valves.

Each well must have a shutoff valve to terminate the well’s production. The fire department shall have access to the well site and the shutoff valve in an emergency.

(33)

Waste disposal.

Unless otherwise directed by the commission, all tanks used for storage shall conform to the following:

The operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks must have a vent line, flame arrester and pressure relief valve. All tanks must be enclosed by a fence applicable to the issued permit classification. No tank battery shall be within one hundred feet (100') of any dwelling or other combustible structure.

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 the closed loop mud system or, where permitted, mud reserve pit. All disposals must be in accordance with the rules of the commission and any other appropriate local, state or federal agency.

Unless otherwise directed by the commission, waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every thirty (30) days. Water stored in on-site tanks shall be removed as necessary.

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.

(34)

Watchman.

The operator must keep a watchman or security personnel on-site during the drilling or reworking of a well when other workmen are not on the premises.

(35)

Wellhead status after fracing.

All wellheads waiting on completion for a period greater than 10 days shall be:

Completed through the production casing flange with a metal plate or blind flange bolted across the head;

Surrounded with a six-foot tall chain-link fence halving a gate and lock;

The cellar shall be filled or closed;

The bradenhead shall be piped to the surface and open to the atmosphere or have an observable and adequate pressure gauge with operable test valve.

(36)

Work hours for site development.

No construction activities involving excavation of, demolition of, alteration to, or repair work on any access road or pad site shall occur during nighttime hours or at any time on Sunday.

(37)

Additional inspections; setting and cementing surface casing.

An operator must set and cement sufficient surface casing to protect all usable-quality water strata, as defined by state law. The operator shall notify the gas well inspector in writing at least seventy-two (72) hours prior to setting and cementing surface casing. In addition, the following shall be required:

Centralizers must be used at an interval of one (1) centralizer per one hundred (100) feet, or ten (10) centralizers per one thousand (1,000) feet.

New surface casing is required.

Proper floating equipment shall be used.

Class H or class C cement with accelerators shall be used.

The operator shall circulate cement to the surface; if not, the operator shall cement with one-inch tubing and top off.

The operator shall wait on cement a minimum of eight (8) to twelve (12) hours prior to commencing further drilling operations.

The operator shall test the blowout preventer before drilling out of surface casing to one thousand (1,000) psi.

Noise.

No well shall be drilled, 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 feet (100') 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.

The operator shall be responsible for establishing and reporting to the city the pre-drilling ambient noise level prior to the issuance of a gas 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.

Adjustments to the noise standards as set forth above in subsection (1) of this section may be permitted in accordance with the following:

Permitted Increase (dB(A))	Duration of Increase (minutes)*
5	15
10	5
15	1
20	Less than 1

*Cumulative minutes during any one hour.

All workover operations shall be restricted to daytime hours. “Workover operations” shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production.

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 by the operator to ensure compliance. The cost of such monitoring shall be borne by the operator. The operator shall report monitoring data to the city manager at least once every two weeks.

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 and gas inspector.

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.

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.

(9)

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 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.

Well setbacks.

It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:

Within twenty-five (25) feet from any storage tank, or source of ignition;

Within seventy-five (75) feet of any public street, road, highway or future street, right-of-way or property line;

Within six hundred (600) feet from any protected use;

Within one hundred (100) feet of any building accessory to but not necessary to the operation of the well; or

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.

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 (A) through (E) above.

The distance set out in subsection (1)(C) of this subsection may be reduced, but never less than two hundred feet (200'), from any protected use, with a waiver granted by the city council.

Installation of pipelines on, under or across public property.

The operator shall apply to the city for a license agreement on, over, under, along or across the city streets, sidewalks, alleys and other city property for the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines so long as production or operations may be continued under any gas well permit issued pursuant to this article. The operator shall:

Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights-of-way.

Furnish to the city a site plan showing the location of such pipelines.

Construct such lines out of pipe in accordance with the city ordinances and regulations, properly cased and vented if under a street.

Grade, level and restore such property to the same surface condition, as nearly as practicable, as existed when operations for the drilling of the well were first commenced.

No gas well permit shall be issued for any well to be drilled within any of the streets or alleys of the city and/or projected streets or alleys shown by the current comprehensive plan of the city, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from both the gas inspector and the city manager. Any consent from the gas inspector and city manager shall be temporary in nature and state the number of hours and/or days that any street or alley may be blocked, encumbered or closed.

Protected use setback from wells.

No building permits for new construction of a protected use shall be issued for the area within a 600-foot radius of a permitted drill site, until the well has been plugged and abandoned in accordance with the requirements of the Texas Railroad Commission and this article. The radius of the restricted area shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects.

The distance set out in subsection (1) may be reduced, but never less than two hundred feet (200'), from any protected use, only with a waiver granted by the city council after a public hearing.

Procedure and standards for a protected use setback waiver.

Within forty-five (45) days of receipt of a complete application, which shall include a site plan depicting any proposed new construction or new development, and a request for a setback waiver, 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 45-day period shall not begin to run until the applicant has provided the gas inspector with a complete application package.

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 setback waiver, the city shall notify, at the applicant’s expense, each surface owner of property, as shown by the current tax rolls of the city, within one thousand feet (1,000') of the permitted drill site, of the hearing location, date and time. The notice shall also contain information describing the new construction or new development and contact telephone numbers for city staff and the applicant. Such notice shall be deposited properly addressed and postage paid, in the United States mail. Notice also shall be sent by the applicant to all registered neighborhood associations within one thousand feet (1,000') of the permitted drill site. Upon request, the city shall provide the applicant with a list of all registered neighborhood associations within one-half mile of the proposed drill site. Notice to the registered neighborhood associations must contain language encouraging the board of directors to notify their members of the application and contain the information set forth in subsection (C) below.

At least fifteen (15) days, and no more than twenty (20) days, prior to the date of the public hearing before the city council for a setback waiver, the applicant shall publish a copy of the notice, as outlined below, at the applicant’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. The notice shall read as follows:

Notice is hereby given that, acting under and pursuant to the Ordinances of the City of Joshua, Texas, on the ________day of ________, 20________filed with the Gas Inspector of the City of Joshua, an application for a gas well setback waiver upon property located at ________, Johnson County, Joshua, Texas, more particularly shown on the map of record in Volume ________, Page ________, Plat records of ________County, Texas or per Tax Tract Number ________County, Texas. The City Council will conduct a public hearing on the request for said permit on the ________day of________, 20________at ________o’clock _.m. in the City Council Chambers located at 101 S. Main St., Joshua, Texas.

At least twenty (20) days prior to the date of the public hearing before city council for a setback waiver, the applicant shall, at the applicant’s expense, erect at least one sign, no less than three feet by three feet, upon the premises upon which a setback waiver has been requested. Where possible, the sign or signs 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. The gas inspector may require additional signage if the premises fronts on more than one right-of-way, street, roadway, or public thoroughfare.

(i)

The sign(s) shall substantially indicate that a setback waiver 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 at the number indicated on the sign.

(ii)

The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this article.

(iii)

The sign shall remain posted on the premises until such time as the city council has finally acted upon the setback waiver.

After a setback waiver application is submitted, the gas inspector may evaluate the public impact of the proposed activity. The gas inspector may consider the proposed site and recommended restrictions or conditions, including screening, landscaping, special safety equipment and procedures, recommended noise reduction levels, and any other requirements the gas inspector deems appropriate. The recommendation shall be submitted to the city council for consideration prior to the public hearing along with evidence that timely actual notice of the hearing was given to all persons as required by this article.

At the public hearing and before the city council considers the merits of the application and the recommendations of the gas inspector, the applicant shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, and that the applicant has otherwise complied with or satisfied all other requirements of this article.

The burden of proof on all matters, except notice, considered in the hearing shall be upon the applicant.

(H)

The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant a setback waiver:

(i)

Whether there are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the vicinity;

(ii)

Whether a variance is necessary to permit the applicant the same rights in the use of his property that are presently enjoyed by other similarly situated properties, but which rights are denied to the property on which the application is made;

(iii)

Whether the granting of the waiver on the specific property will adversely affect any other feature of the comprehensive master plan of the city;

(iv)

Whether the variance, if granted, will be of no material detriment to the public welfare or injury to the use, enjoyment, or value of property in the vicinity;

(v)

The particular location and the character of the improvements contemplated;

(vi)

Whether the granting of the setback waiver is or would conflict with the orderly growth and development of the city;

(vii)

Whether the granting of the setback waiver is or would be consistent with the health, safety and welfare of the public;

(viii)

The approval of a setback waiver is consistent with protecting the site’s ecological integrity and environmental quality, including protection of surface and ground water sources, of potentially impacted environmentally sensitive areas; and

(ix)

Whether there is reasonable access for city fire personnel and firefighting equipment, including the ability to safely evacuate potentially affected residents.

(I)

The city council may require an increase in the applicant’s proposed setback from any residence, religious institution, public building, hospital building, school or public park, or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in this section and section 4.06.011 of this article, including fencing, screening, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by public interest.

(J)

The city council may accept, reject or modify the application in the interest of securing compliance with this article or other city ordinances and/or to protect the health, safety and welfare of the community.

Prior to the issuance of a building permit by the city for any residence, religious institution, public building, hospital building, school or habitable structure, the owner or developer of any lot or tract for which a building permit is sought shall have the following notation placed on any deed, plat or site plan for said lot or tract: “This tract or lot is located less than six hundred feet (600') from an existing gas well and is subject to the Code of Ordinances of the City of Joshua, Texas.”

In the event no building permit for any new construction of any residence, religious institution, public building, hospital building, school or habitable structure is issued for the area within a 600-foot radius of a permitted drill site or public infrastructure construction has not begun within twelve (12) months of the date of the city’s approval of a setback waiver, the waiver shall expire automatically.

(Ordinance 418-2006, sec. 13, adopted 11/16/06; Ordinance 699-2017 adopted 11/16/17; Ordinance 759-2019 adopted 6/20/19; Ordinance 773-2019 adopted 11/21/19)

§ 4.06.011 Fences and landscaping.

Fences.

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 his 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:

Chain-link fences.

The fence shall be at least six (6) feet in height;

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;

The chain link shall be dark green or black steel wire;

The chain-link fence shall have a minimum thickness of eleven (11) gauge;

Posts and rails shall be standard black or dark green welded pipe; and

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.

Gates.

All chain-link fences shall be equipped with at least one (1) gate. The gate shall meet the following specifications:

Each gate shall 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;

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;

The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site; and

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.

Landscaping.

Certain gas well permits will require tree preservation and/or planting measures. 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. No tree preservation and/or planting measures shall be required for wells located farther than 1,000 feet from a protected use. Those gas well permits requiring a tree preservation and/or planting measures shall additionally comply with the following:

A minimum retention of 25% of the existing trees will be required unless removal is necessary for location of equipment as determined by the gas inspector.

No more than 25% of the same species may be planted at one site.

A minimum of 25% of the planted trees must be an evergreen species.

A minimum of 75% of the planted trees must be located between the gas well site and protected uses or public way. An administrative waiver of the “75% placement” requirement may be approved with the consent of both the city manager and the gas inspector with proof that the proposed planting will screen the negative views into the well site from the protected uses.

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.

The minimum size of trees planted will be three (3) inches in diameter measured one foot above 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 its canopy coverage at normal grow-out.

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 jointly by the city manager and the gas inspector.

The following list of trees is considered desirable and adapted trees for the city area. Planting of trees from this list is acceptable. Other trees will be considered jointly by the city manager and the gas inspector and approved 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	Scientific Name	Canopy Size
Redbud	Cercis canadensis	Small
Mexican plum	Prunus mexicana	Small
Cherry laurel	Prunus caroliniana	Medium
Eve’s necklace	Sophora affinis	Medium
Crab apple	Malus augustifolia	Medium
Bradford pear	Pyrus calleryana var. Bradford	Medium
Golden raintree	Koelrueteria paniculata	Medium
Cado maple	Acer saccharum	Large
Red maple	Acer rubrum	Large
Bigtooth maple	Acer grandidentatum	Large
Bur oak	Quercus macrocarpa	Large
Chinquapin oak	Quercus muhlenbergii	Large
Live oak	Quercus virginiana	Large
Shumard red oak	Quercus shumardii	Large
Texas red oak	Quercus texana	Large
Post oak	Quercus stallata	Large
Blackjack oak	Quercus marilandica	Large
Pecan	Carya illinoensis	Large
Lacebark elm	Ulmas parvifolia	Large
Cedar elm	Ulmas crassifollia	Large
American elm	Ulmas americana	Large
Bald cypress	Taxodium distichum	Large
Black walnut	Carya nigra	Large
Green ash	Fraxinus pennsylvanica	Large
Texas ash	Fraxinus	Large
Southern magnolia	Magnolia grandiflora	Large

(Ordinance 418-2006, sec. 14, adopted 11/16/06)

§ 4.06.012 Cleanup and maintenance.

Cleanup after well completion or abandonment.

After the well has been completed or plugged and abandoned, the operator shall clean the drill site or operation site, complete restoration activities and repair all damage to public property caused by such operations within sixty (60) days.

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 gas inspector all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately. If the owner fails to begin site cleanup immediately the gas inspector with the consent of the city manager may then employ any cleanup expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material which the gas inspector, with the consent of the city manager, deems necessary to clean up such spill, leak or malfunction.

Site and street entrance to be kept free from debris.

The public street entrance and property on which a well site is located shall at all times be kept free of mud, debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material within a radius of one hundred feet (100') around any separators, tanks and producing wells.

Painting.

All production equipment shall be painted and maintained at all times, including wellheads, pumping units, tanks, secondary containment and buildings or structures. When requiring painting of such facilities, the gas inspector shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand and unobtrusive shades of black or dark green.

§ 4.06.013 Plugged and abandoned wells.

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 gas inspector as soon as practicable. The gas inspector shall certify in writing, briefly describing the same, to the city manager. If the gas inspector, in his opinion, believes that danger to persons and property exists because of such loss of well control and that the operator is not taking or is unable to take all reasonable and necessary steps to regain control of such well, the gas inspector, through the city manager, may then employ any well control expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material which the gas inspector deems necessary to regain control of such well. The city shall then have a valid lien against the interest in the well of all working interest owners to secure payment of any expenditure made by the city pursuant to such action of the gas inspector in gaining control of said well.

(Ordinance 418-2006, sec. 15, adopted 11/16/06)

Restoration of site required.

Whenever abandonment occurs pursuant to the requirements of the commission, the operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this article.

Standards for restoration of site.

Abandonment shall be approved by the gas inspector after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the gas inspector:

The derrick and all appurtenant equipment thereto shall be removed from the drill site;

All tanks, towers, and other surface installations shall be removed from the drill site;

All concrete foundations, piping, wood, guy anchors and other foreign materials, regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the commission;

All holes and depressions shall be filled with clean, compactable soil;

All waste, refuse or waste material shall be removed from the drill site; and

During abandonment, the operator shall comply with all applicable sections in this article.

Additional requirements.

The operator shall furnish the following to the gas inspector:

A copy of the W-3A “Notice of Intention to Plug & Abandon” and “W-3 Plugging Record” forms on the same date these forms are submitted to the commission.

Prior 48-hour notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.

All wells shall be abandoned in accordance with the rules of the railroad commission; however, all well casings and collars shall be cut and removed to a depth of at least three (3) feet below the surface. A permanent abandonment marker pipe, with the well identity and location permanently inscribed, shall be welded to the casing and shall be at least four (4) inches in diameter with a length of four (4) feet visible above the ground level.

Requirements prior to new construction.

All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well.