(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.
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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.
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(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.
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The city manager, with the additional approval of the city engineer,
may grant an administrative waiver to the above regulations.
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(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)
(a)
Every
application for a gas well permit issued pursuant to this article
shall be in writing signed by the operator, or some person duly authorized
to sign on his behalf, and filed with the gas inspector.
(b)
Every application shall be accompanied by a permit fee in accordance with section 4.06.006 hereof.
(c)
The
application shall include the following information:
(1)
A letter to the city manager requesting a public hearing to obtain
a gas well permit from the city council or a copy of the written notarized
waivers from the protected uses within six hundred (600) feet of the
proposed well and evidence of filing of each waiver in the applicable
county deed records, or, if there are no protected uses within six
hundred (600) feet of the proposed well, a letter to the city manager,
signed by the operator, certifying same.
(2)
The date of the application.
(3)
An accurate legal description of the lease property to be used for
the gas operation, the parcel and the production unit and the name
of the geologic formation as used by the commission. Property recorded
by plat should reference subdivision, block and lot numbers.
(4)
Map showing the proposed transportation route and road for equipment,
chemicals or waste products used or produced by the gas operation.
(5)
Proposed well name.
(6)
Surface owner names(s) and address(es) of the pad site property.
(7)
Operator/applicant name and address, and if the operator is a corporation
the state of incorporation, and if the operator is a partnership the
names and addresses of the general partners.
(8)
Name and address of the individual designated to receive notice.
(9)
Name of representative with supervisory authority over all gas operation
site activities and a 24-hour phone number.
(10)
Location and description of all improvements and structures within
six hundred (600) feet of the well.
(11)
Owner and address of each parcel of property within six hundred (600)
feet of the proposed drill site.
(12)
A site plan of the proposed operation site showing the location of all improvements and equipment, including the location of the proposed well(s) and other facilities, including, but not limited to, tanks, pipelines, compressors, separators, lights, storage sheds, fencing and any access roads. The site plan shall also indicate any floodway, floodplain or city-recognized drainageways and the elevation and slope of the pad site. In addition, the site plan shall show specific details as to the projected location of the major components of the drilling site, impacted vegetation, creeks and other topographic features, compliance with the landscaping requirements as set out in section 4.06.011 of this article, adjacent buildings and other structures and the measured distance from the well site to these buildings and structures, temporary and permanent fencing and landscaping.
(13)
The name, address and 24-hour phone number of the person to be notified
in case of an emergency.
(14)
The exact and correct acreage and number of wells, if applicable,
included in the gas well permit application.
(15)
Copies of all reports required by the commission as required by the
gas inspector.
(16)
An original executed citywide road maintenance agreement signed and
approved by the city must be filed with the city secretary that provides
that the operator shall repair, at his own expense, any damage to
roads, streets, or highways caused by the use of heavy vehicles for
any activity associated with the preparation, drilling, production,
and operation of gas wells.
(17)
A description of public utilities required during drilling and operation.
(18)
A description of the water source to be used during drilling.
(19)
A copy of the approved commission permit to drill together with attachments
and survey plats which are applicable to the drill and operation sites.
(20)
A copy of the stormwater pollution prevention plan as required by
the Environmental Protection Agency. A copy of the notice of intent
shall be submitted to the city manager three (3) days prior to the
commencement of any on-site activity.
(21)
A copy of the determination by the state commission on environmental
quality (TCEQ) of the depth of usable quality groundwater.
(22)
Evidence of insurance and security requirements under this article.
(23)
A detailed landscape site plan for review and approval by the city council, if the proposed landscaping will not comply with the landscaping requirements as set out in section 4.06.011 of this article, including the location of the access road and lights and fencing on the site.
(24)
Evidence that all drill sites are identified on final plat(s) filed
with the applicable county deed records, or a preliminary plat or
replat application reflecting this detail.
(25)
A statement, under oath, signed by the operator or designated representative,
that the information submitted with the application is, to the best
knowledge and belief of the operator or designated representative,
true and correct.
(26)
All required application and gas well permit fees.
(Ordinance 418-2006, sec. 6, adopted 11/16/06)
(a)
Waiver or consent required for wells near protected uses.
(1)
A gas well permit shall not be issued for any well to be drilled
within six hundred (600) feet of a residence, religious institution,
public building, hospital building, school or public park without:
(2)
This provision applies to any existing residence, religious institution,
public building, hospital building, school or public park or where
a building permit has been issued for a protected use on the date
the application for a permit is filed with the gas inspector.
(3)
For the purpose of a gas well permit the measurement of the 600-foot
distance shall be made from the well bore, in a straight line, without
regard to intervening structures or objects, to the closest exterior
point of the building or boundary line of a public park.
(b)
Application requirements.
An application for a gas well permit shall include all of the requirements of section 4.06.062 of this article.
(c)
Permitting procedure for request of waiver by city council.
(1)
Within forty-five (45) days of receipt of a complete application,
a site plan and a request for a waiver to drill a gas well, 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/operator has provided the gas inspector with a
complete application package.
(2)
At least twenty (20) days, and no more than thirty (30) days, prior to the date of the public hearing before the city council for a waiver and the issuance of the gas well permit under this article, the city shall notify, at the operator’s expense, each surface owner of property, as shown by the current tax rolls of the city, within one thousand feet (1000') of the proposed well, not owned by or under lease by the operator, of the hearing location, date and time. The notice shall also contain the number of wells requested by the applicant, that drilling may commence within 180 days of the issuance of the permit, and contact telephone numbers for city staff and the operator/applicant. Such notice shall be deposited properly addressed and postage paid, in the United States mail. Notice shall be sent by the operator to all registered neighborhood associations within one thousand feet (1000') of the proposed drill site. Upon request, the city shall provide the operator 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 (3) below.
(3)
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 gas
well permit under this article, the operator shall publish a copy
of the notice, as outlined below, at the operator’s expense,
in one issue of the local section of a newspaper of general circulation
in the city, for ten (10) consecutive days. An affidavit by the printer
or publisher of the newspaper indicating publication of the notice
shall be filed with the application and will be prima facie evidence
of such publication. 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 permit to drill, complete and operate a well for gas
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.
(4)
At least twenty (20) days prior to the date of the public hearing
before city council for a gas well permit under this article the operator
shall, at the operator’s expense, erect at least one sign, no
less than three feet by three feet, upon the premises upon which a
gas well permit 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.
(A)
The sign(s) shall substantially indicate that a gas well permit to
drill for gas has been requested and state the date, time and place
of the public hearing, and shall further set forth that additional
information can be acquired by telephoning the applicant/operator
at the number indicated on the sign.
(B)
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.
(C)
The sign shall remain posted at the pad site for the duration of
the gas well permit.
(5)
All notice provisions contained herein shall be deemed sufficient
upon substantial compliance with this section.
(6)
After a gas well permit application and site plan is submitted, the
gas inspector shall evaluate the public impact of the proposed activity.
The gas inspector shall consider the proposed site and the proposed
operations or drilling program and shall draft recommended restrictions
or conditions, including minimum separation distance for drilling
or other operations, special safety equipment and procedures, recommended
noise reduction levels, screening 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.
(7)
At the public hearing and before the city council considers the merits
of the application and the recommendations of the gas inspector, the
applicant/operator shall provide evidence of a certificate of publication
establishing timely publication of the notice of the hearing, and
that the applicant/operator has otherwise complied with or satisfied
all other requirements of this article, including full and complete
compliance with the insurance and security requirements.
(8)
The burden of proof on all matters, except notice, considered in
the hearing shall be upon the applicant/operator.
(9)
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 waiver and authorize the issuance of a gas well
permit:
(A)
Whether the operations proposed are reasonable under the circumstances
and conditions prevailing in the area considering the particular location
and the character of the improvements located there;
(B)
Whether the drilling of such wells would conflict with the orderly
growth and development of the city;
(C)
Whether there are other alternative well site locations that would
allow reasonable access to explore, develop and produce the mineral
estate without creating mineral waste;
(D)
Whether the operations proposed are consistent with the health, safety
and welfare of the public when and if conducted in accordance with
the gas well permit conditions to be imposed;
(E)
Whether there is accessible access for the city fire personnel and
firefighting equipment;
(F)
Whether the impact upon the adjacent property and the general public
by operations conducted in compliance with the gas well permit conditions
are reasonable and justified, balancing the following factors:
(G)
The recommendations of the gas inspector.
(10)
The city council may require an increase in the operator/applicant’s proposed distance that the well is to be set back from any residence, religious institution, public building, hospital building, school or public park, or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in sections 4.06.010 and 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.
(11)
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.
(d)
Permitting procedure by waiver from property owners or by certification
that no protected uses exist within protected radius.
(1)
No application for a gas well permit by waiver of protected uses shall be accepted unless the written notarized waivers are obtained from all protected use property owners within six hundred (600) feet of the proposed well site. Written notarized waivers granted by all the protected use property owners within a 600-foot radius around the proposed well must be filed, at the expense of the operator, in the applicable county records. All waivers must identify the property address, block and lot number, subdivision name and plat volume and page number. Copies of filed protected use property owner waivers must be submitted with the filing of a completed application for a gas well permit. If the operator fails to obtain written waivers from all property owners within a 600-foot radius around the proposed well, the operator must either certify, in writing, that no protected uses exist within a 600-foot radius around the proposed well, or must submit a request for a waiver to drill a gas well from the city council pursuant to the requirements of subsection (c) of this section.
(2)
Upon receipt of copies of all protected use waivers filed in the applicable county deed records and a completed application by the operator or certification that no protected uses exist within a 600-foot radius around the proposed well, the city shall notify, at the operator’s expense, each surface owner of property as shown by the current tax rolls of the city within one thousand feet (1000') of the proposed well not owned by or under lease to the operator. The notice shall contain the number of wells requested by the applicant, that drilling may commence within 180 days from the issuance of the permit, and contact telephone numbers for the city staff and operator/applicant. Notice shall be sent by the operator to all registered neighborhood associations within one-half mile of the proposed drill site. Upon request, the city shall provide the operator with a list of all registered neighborhood associations within one thousand feet (1000') 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 (3) below.
(3)
At least ten (10) days prior to the date of filing of an application
for a gas well permit by protected use waiver or certification of
no protected uses under this article with the gas inspector, the operator
shall publish a copy of the notice as outlined below, at the expense
of the operator, in one issue of the local section of a newspaper
of general circulation in the city. 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________, an application was filed with the Gas Inspector of the
City of Joshua, an application to drill, complete and operate a well
for gas 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. Written waivers from all Protected Use property
owners within six hundred feet of the proposed well were filed in
the applicable county deed records (or) Certification was made that
no Protected Uses exists within six hundred (600) foot radius of the
proposed well.
(4)
At least ten (10) days prior to, but not more than thirty (30) days,
the date of filing of an application for a gas well permit under this
section with the gas inspector, the operator, at the operator’s
expense, shall erect at least one sign, no less than three feet by
three feet, upon the premises upon which a gas well by protected use
waiver permit or by certification of no protected uses 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 front on more than one right-of-way, street, roadway, or
public thoroughfare.
(A)
The sign(s) shall substantially indicate that a gas well permit by
protected use waiver or by certification of no protected uses to drill
for gas has been requested and shall further set forth that additional
information can be acquired by telephoning the operator at the number
indicated on the sign.
(B)
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.
(C)
Any sign(s) shall be removed subsequent to final action by the gas
inspector or the city council.
(5)
All notice provisions contained herein shall be deemed sufficient
upon substantial compliance with this section.
(e)
Equipment setback under gas well permit.
Tank batteries, well facilities and equipment shall be located at least one hundred feet (100') from any public park (unless prior consent is obtained from the city council to drill in a public park pursuant to section 4.06.061(i)) or from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building.
(f)
Fencing.
Fencing must comply with the requirements as outlined in section 4.06.011 of this article.
(g)
Landscaping.
Landscaping and irrigation shall be installed in compliance with the requirements as outlined in section 4.06.011 of this article. The operator/applicant may request a waiver from the requirements of section 4.06.011 of this article by submitting a detailed site plan for review and approval by the city council.
(h)
Vehicle routes.
Vehicles associated with drilling and/or
production in excess of three tons shall be restricted to such streets
designated as either truck routes or commercial delivery routes by
city ordinance wherever capable of being used. The vehicles shall
be operated on a truck route wherever capable of being used; they
shall be operated on a commercial delivery route only when it is not
possible to use a truck route to fulfill the purpose for which such
vehicle is then being operated. Commercial delivery route means any
street or highway so designated by the city council for the use by
any commercial motor vehicle, truck-tractor, trailer, semitrailer,
or any combination thereof.
(i)
Work hours.
Site development, other than drilling, shall be pursuant to this article under technical regulations, section 4.06.010 (work hours for site development). Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to daytime hours except in cases of fires, blowouts, explosions and any other emergencies.
(j)
Tank specifications.
All tanks and permanent structures
shall conform to the American Petroleum Institute (APl) specifications
unless other specifications are approved by the fire chief and the
gas inspector. The top of the tanks shall be no higher than eight
(8) feet above the terrain surrounding the tanks. 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
(25) feet from any public right-of-way or property line.
(k)
Closed loop mud systems.
A closed loop mud system shall
be used in conjunction with all drilling and reworking operations
for all gas well permits unless waived by the city council.
(l)
Other requirements.
All other provisions outlined in
this article shall be required.
(Ordinance 418-2006, sec. 7, adopted 11/16/06)
(a)
It
is the responsibility of the gas inspector to review and approve or
disapprove all applications for gas well permits by protected use
waiver or certification of no protected uses based on the criteria
established by this article. The gas inspector, within thirty (30)
days after the filing of a completed application and remittance of
all fees, insurance and security per the requirements of this article
for a gas well permit, shall determine whether or not the application
complies in all respects with the provisions of this article and determine
if the proposed well to be drilled or the facility to be installed
is in compliance with the distance requirements for the requested
gas well permit on the date the completed application is received
by the gas inspector.
(b)
Failure
of the gas inspector to complete the review and issue a gas well permit
within the time limits specified above shall not cause the application
for the gas well permit to be deemed approved. The provisions of this
article shall apply to any dwellings or buildings for which an application
for a building permit has been submitted on the date the application
for a gas well permit is filed with the gas inspector.
(c)
If
all the requirements of this article are met, the gas inspector shall
issue a gas well permit for the drilling of the well or the installation
of the facilities applied for.
(Ordinance 418-2006, sec. 8, adopted 11/16/06)
(a)
An
operator may submit an application to the gas inspector to amend an
existing 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 gas well permit, to relocate a drill site or operation site
that is shown on (or incorporated by reference as part of) the existing
gas well permit, or to otherwise amend the existing gas well permit.
(b)
At
least ten (10) days prior to but not more than thirty (30) days from
the date of filing with the gas inspector an application for an amended
gas well permit under this article, the operator shall erect the required
signage. The gas inspector may require additional signage if the premises
front on more than one right-of-way, street, roadway, or public thoroughfare.
(c)
Applications
for amended gas well permits shall be in writing, shall be signed
by the operator, and shall include the following:
(2)
A description of the proposed amendments;
(3)
Any changes to the information submitted with the application for
the existing gas well permit;
(4)
Such additional information as is reasonably required by the gas
inspector to demonstrate compliance with the applicable gas well permit;
(5)
Such additional information as is reasonably required by the gas
inspector to prevent imminent destruction of property or injury to
persons; and
(6)
Evidence of posted signs, pursuant to this article, indicating that
an application to drill additional well(s) on the existing lease has
been submitted to the gas inspector.
(d)
All
applications for amended gas well permits shall be filed with the
gas inspector for review. Incomplete applications may be returned
to the applicant, in which case the city shall provide a written explanation
of the deficiencies; however, the city shall retain the application
fee. The city may return any application as incomplete if there is
a dispute pending before the railroad commission regarding the determination
of the operator.
(e)
If
the activities proposed by the amendment are not materially different
from the activities covered by the existing gas well permit, and if
the proposed activities are in conformance with the applicable gas
well permit, then the gas inspector shall approve the amendment within
ten (10) days after the application is filed.
(f)
If
the activities proposed by the amendment are materially different
from the activities covered by the existing gas well permit, and if
the proposed activities are in conformance with the applicable gas
well permit, then the gas inspector shall approve the amendment within
thirty (30) days after the application is filed. If, however, the
activities proposed by the amendment are materially different and,
in the judgment of the gas inspector, might create a risk of imminent
destruction of property or injury to persons that was not associated
with the activities covered by the existing gas well permit or that
was not otherwise taken into consideration by the existing gas well
permit, the gas inspector may require the amendment to be processed
as a new gas well permit application.
(g)
If
the gas inspector does not complete the review and issue an amended
gas well permit within the time limits specified above [this] shall
not cause the application for the amended gas well permit to be deemed
approved.
(h)
The
decision of the gas inspector to deny an amendment to a gas well permit
shall be provided to the operator in writing within ten (10) days
after the decision, including an explanation of the basis for the
decision. The operator may appeal any such denial to the city council.
(Ordinance 418-2006, sec. 9, adopted 11/16/06)
(a)
If
an operator (or its officers, employees, agents, contractors, or representatives)
fails to comply with any requirement of a gas well permit (including
any requirement incorporated by reference as part of the gas well
permit), the gas inspector shall give written notice to the operator
specifying the nature of the failure and giving the operator a reasonable
time to cure, taking into consideration the nature and extent of the
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 ten (10) days unless
the failure presents a violation of the noise provisions or 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.
(b)
If the operator fails to correct the noncompliance within time designated in the notice referenced in subsection (a) above, the gas inspector may suspend or revoke the gas well permit or issue a citation pursuant to the provisions of this article. Notwithstanding the foregoing, a citation shall be issued for the failure to correct a noise violation within 24 hours of the notice of violation by either the gas inspector or the city police department.
(c)
No
person shall carry on any operations performed under the terms of
the gas well permit issued under this article during any period of
any gas well permit suspension or revocation or pending a review of
the decision or order of the city in suspending or revoking the gas
well permit. Nothing contained herein shall be construed to prevent
the necessary, diligent and bona fide efforts to cure and remedy the
default or violation for which the suspension or revocation of the
gas well permit was ordered for the safety of persons or as required
by the commission.
(d)
If
the operator does not cure the noncompliance within the time specified
in this article, the gas inspector, upon written notice to the operator,
may notify the commission and request that the commission take any
appropriate action.
(e)
The operator may, within thirty (30) days of the date of the decision of the gas inspector in writing to suspend or revoke a gas well permit, file an appeal to the city council under the provisions outlined in this article pursuant to section 4.06.067 (appeals) of this article.
(f)
If
an application for a gas well permit is denied by the gas inspector,
nothing herein contained shall prevent a new permit application from
being submitted to the gas inspector for the same well.
(Ordinance 418-2006, sec. 10, adopted 11/16/06)
(a)
The
city council shall have and exercise the power to hear and determine
appeals where it is alleged there is error or abuse of discretion
regarding the issuance of a gas well permit or the revocation or suspension
of any gas well permit issued hereunder as provided by this article.
Any person or entity whose application is denied by the gas inspector
or whose gas well permit is suspended or revoked or whose well or
equipment is deemed by the gas inspector to be abandoned may, within
thirty (30) days of the date of the written decision of the gas inspector,
file an appeal to the city council in accordance with the following
procedure:
(1)
An appeal shall be in writing and shall be filed in triplicate with
the city secretary. The grounds for appeal must be set forth specifically,
and the error described, by the appellant.
(2)
Within forty-five (45) days of receipt of the records, the city secretary
shall transmit all papers involved in the proceeding, place the matter
on the city council agenda for hearing and give notice by mail of
the time, place and purpose thereof to the appellant and any other
party who has requested in writing to be so notified. No other notice
need be given.
(Ordinance 418-2006, sec. 18, adopted 11/16/06)
