(a)
A person wanting to engage in and operate in gas production activities shall apply for and obtain a gas well permit under this article. It shall be unlawful for any person, acting either for himself or acting as agent, employee, independent contractor, or servant for any person, to drill any well, assist in any way in the site preparation, reworking, fracturing or operation of any such well or conduct any activity related to the production of gas without first obtaining a gas well permit issued by the city in accordance with this article. Such activities include, but are not limited to, reworking, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing. A permit shall not be required for seismic surveys.
(b)
The operator must apply for and obtain a gas well permit for the drilling, redrilling, deepening, reentering, activating or converting of each well. Each individual well bore shall require a separate gas well permit.
(c)
A gas well permit shall not constitute authority for the reentering and drilling of an abandoned well. An operator shall obtain a new gas well permit in accordance with the provisions of this article if the operator is reentering and drilling an abandoned well.
(d)
When a gas well permit has been issued to the operator for the drilling, redrilling, deepening, reentering, activating or converting of a well, such gas well permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair, reworking, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well; provided, however, that a new or supplemental permit shall be obtained before such well may be reworked for purposes of redrilling, deepening or converting such well to a depth or use other than that set forth in the then-current permit for such well.
(e)
Any person who intends to rework a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion or to conduct seismic surveys or other exploration activities shall give written notice to the gas inspector no less than ten (10) days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and 24-hour phone number of the person conducting the activities. If requested by the gas inspector, 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 gas inspector determines that an inspection by the gas inspector is necessary, the operator will pay the city for the inspection. A late fee in the amount of $250.00 plus interest at a rate of 1% per month will be assessed if payment is not made to the city within 30 days of issuance of the invoice.
(f)
A gas well permit shall automatically terminate unless extended, if drilling of the well bore has not commenced within one hundred eighty (180) days from the date of the issuance of the gas well permit. A gas well permit may be extended by the gas inspector for an additional one hundred eighty (180) days upon request by the operator and proof that the proposed drill site continues to meet all required minimum setbacks.
(g)
The gas well permit required by this article is in addition to and is not in lieu of any permit which may be required by any other provision of the city’s ordinances or by any other governmental agency.
(h)
No additional gas well permit or filing fees shall be required for:
(1)
Any wells, existing, previously permitted or approved by the city, within the corporate limits of the city on the effective date of this article;
(2)
Any wells on which drilling has commenced on the effective date of this article;
(3)
Any wells in existence or any wells on which drilling has commenced on land annexed into the city after the effective date of this article; or
(4)
Any well that was planned for the land before the 90th day before the effective date of its annexation and one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for such well and the completed application for the initial authorization was filed before the date the annexation proceedings were instituted.
A person shall have forty-five (45) days after the enactment of this article or annexation into the city to designate a gas operation as a preexisting operation by filing a site plan drawn to scale that shows the proposed location of the well with respect to survey lines and the proposed associated production facilities, if any, with the gas inspector. |
(i)
No gas well permit shall be issued for any well to be drilled within any public park without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.
(j)
No gas well permit shall be issued for any well to be drilled within any floodway identified by FEMA on the most current FIRM.
(k)
No gas well permit shall be issued unless the pad site is graded in such a way as to comply with the following:
(1)
Any fill material shall not be higher than the highest elevation along the perimeter of the adjacent tracts, parcels or platted lots; however, fill material placed on pad sites shall not exceed three (3) feet in height above the highest elevation along the perimeter of the adjacent tracts, parcels or platted lots.
(2)
The slope of the fill material is a maximum ratio of three (3) feet horizontal to one (1) foot vertical.
(3)
Fill material must be leveled and graded for positive drainage.
(4)
The placement of fill material may not cause the release of dust and/or odor, damage any public improvements or public infrastructure, or be placed in a floodway, or result in flooding or significant increase in runoff to adjacent properties in accordance to state law.
(5)
Erosion control measures must be implemented to prevent any off-site migration of silt and sediment.
The city manager, with the additional approval of the city engineer, may grant an administrative waiver to the above regulations. |
(l)
No gas well permit shall be issued for any well to be drilled on city-owned property without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.
(m)
By acceptance of any gas well permit issued pursuant to this article, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this article. The terms of this article shall be deemed to be incorporated in any gas well permit issued pursuant to this article with the same force and effect as if this article were set forth verbatim in such gas well permit.
(Ordinance 418-2006, sec. 5, adopted 11/16/06; Ordinance 547-2012, sec. 2, adopted 6/21/12)