The exploration, development and production of gas in the city
are activities which necessitate reasonable regulation to ensure that
all property owners, mineral and otherwise, have the right to enjoy
their property and its benefits and revenues. It is hereby declared
to be the purpose of this article to establish reasonable and uniform
limitations, safeguards and regulations for operations related to
the exploring, drilling, developing, producing, transporting and storing
of gas and other substances produced in association with gas within
the city to protect the health, safety and general welfare of the
public, minimize the potential impact to property and mineral rights
owners, protect the quality of the environment and encourage the orderly
production of available mineral and gas resources.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.501)
All technical industry words or phrases related to the drilling
and production of gas wells not specifically defined in this article
shall have the meanings customarily attributable thereto by prudent
and reasonable gas industry operators. The following words, terms
and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
“Abandonment” as defined by the state railroad
commission and includes the plugging of the well and the restoration
of any well site as required by this article.
A permanent surface that as a minimum is a base course constructed
such that it meets the requirements of the International Fire Code,
is at least twenty feet (20') wide, has an overhead clearance of fourteen
feet (14'), drains appropriately, remains water resistant, is free
of litter, debris, weeds, grass or other objectionable materials or
objects and is visibly dust-free.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
A mound of soil, either natural or man-made, used to obstruct
a view. The side slope shall not exceed a three-foot (3') horizontal
and a one-foot (1') vertical slope.
A mechanical, hydraulic, pneumatic or other device or combination
of such devices secured to the top of a well casing, including valves,
fittings and control mechanisms connected therewith, which can be
closed around the drill pipe, or other tubular goods which completely
close the top of the casing and are designed for preventing blowouts.
Any primary structure used or intended for supporting or
sheltering any use or occupancy. The term “building” shall
be construed as if followed by the words “or portions thereof.”
An electrochemical corrosion control technique accomplished
by applying a direct current to the structure that causes the structure
potential to change from the corrosion potential to a protective potential
in the immunity region. The required cathodic protection current is
supplied by sacrificial anode materials or by an impressed current
system.
The Code of Ordinances of the City of Lake Worth, Texas.
The state railroad commission.
The date the work is completed for the drilling, redrilling
or reworking of a well and the crew is released by completing its
work or contract or by its employer.
A calendar day.
Any portable framework, tower, mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of gas.
An internal staff review committee that includes, but is
not limited to, representatives of the departments of planning and
zoning, inspections, public works, fire, police, parks and recreation,
neighborhood services, and economic development, and the gas inspector.
Digging or boring a new well for the purpose of exploring
for, developing or producing gas or for the purpose of injecting gas,
water or any other fluid or substance into the earth.
The derrick, together with all parts of and appurtenances
to such structure, and every piece of apparatus, machinery or equipment
used or erected or maintained for use in connection with drilling.
The immediate area used during the drilling, redrilling or
reworking of a well.
A plan put in place to deal with emergency situations that
may occur at the site during all stages of the drilling and production
process.
Geologic or geophysical activities, including seismic surveys,
related to the search for gas or other subsurface hydrocarbons.
The fire chief of the city.
The fire department of the city.
The injecting of a fluid into a well to cause pressure that
“cracks” or opens up fractures already present in the
formation.
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions
and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
An individual designated by the city manager or any other
person or entity so designated as an inspector by the city manager.
The gas inspector will report to the public works director.
Any well drilled, to be drilled, or used for the intended
or actual production of natural gas.
The area used for development and production and all operational
activities associated with gas after drilling activities are complete.
For each well, the person listed on the railroad commission’s
Form W-1 or Form P-4 for a gas well that is or will be actually in
charge and in control of drilling, maintaining, operating, pumping
or controlling any well, including, without limitation, a unit operator.
If the operator, as herein defined, is not the lessee under a gas
lease of any premises affected by the provisions of the article, then
such lessee shall also be deemed to be an operator. In the event that
there is no gas lease relating to any premises affected by this article,
the owner of the fee mineral estate in the premises shall be deemed
an operator.
Any written license granted by the city for the exploration,
development, and production of gas wells issued pursuant to rules
and regulations of this article.
Both the singular and the plural and means a natural person
or a corporation, association, guardian, partnership, receiver, trustee,
administrator, executor, and fiduciary or representative of any kind.
The planning and zoning commission of the city.
The planning and zoning department of the city.
The period between completion of drilling and the abandonment
of the well.
All buildings used or designed to and intended to be used
for the purpose of assembly of persons for such purposes as deliberation,
entertainment, amusement, or health care. Public buildings include,
but shall not be limited to, theaters, assembly halls, auditoriums,
armories, mortuary chapels, dance halls, exhibition halls, museums,
gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants,
and hospitals.
Any land area dedicated to and/or maintained by the city
for traditional park-like recreational purposes, but shall not include
privately owned amusement parks.
The public works department of the city.
Recompletion of an existing well by deepening or sidetrack
operations extending more than one hundred fifty feet (150') from
the existing well bore.
Any building in which persons regularly assemble for religious
worship and activities intended primarily for purposes connected with
such worship or for propagating a particular form of religious belief.
A house, duplex, apartment, townhouse, condominium, mobile
home or other building designed for dwelling purposes, including those
for which a building permit has been issued on the date the application
for a gas well permit is filed and accepted by the planning and zoning
department.
Recompletion or reentry of an existing well within the existing
bore hole or by deepening or sidetrack operations which do not extend
more than one hundred fifty feet (150') from the existing well bore,
or replacement of well liners or casings.
Any area of land within the city that is acquired by, dedicated
to, or claimed by the city in fee simple, by easement, or by prescriptive
right or other interest and that is expressly or impliedly accepted
or used in fact or by operation of law as public roadway, sidewalk,
alley, utility, drainage, or public access easement or used for the
provision of governmental services or functions. The term includes
the area on, below, and above the surface of the public right-of-way.
The term applies regardless of whether the public right-of-way is
paved or unpaved.
A written agreement obligating the operator to repair damage,
excluding ordinary wear and tear, if any, including but not limited
to public streets, sidewalks, pathways, trails, and bridges, caused
by the operator or its employees, agents, contractors, subcontractors,
or representatives in the performance of drilling or production of
gas wells authorized by the city.
Any public and private primary and secondary educational
facilities providing education up through and including the twelfth
grade level and any licensed day-care centers, meaning a facility
licensed by the state or by the city that provides care, training,
education, custody, treatment or supervision for more than six (6)
children under fourteen (14) years of age, and for less than twenty-four
(24) hours per day.
Any street, highway, sidewalk, alley, avenue, recessed parking
area or other public right-of-way, including the entire right-of-way.
The thoroughfare plan approved by the city.
Any single hole or bore to any horizon, formation, or strata,
for the purpose of producing gas, liquid hydrocarbon, brine water
or sulphur water, or for use as an injection well for secondary recovery,
disposal or production of gas or other hydrocarbons from the earth.
For each separate new hole a gas well permit is required.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.502; Ordinance adopting 2021 Code)
The gas inspector shall have the authority to enter and inspect
any premises covered by the provisions of this article to determine
compliance with the provisions of this article and all applicable
laws, rules, regulations, standards or directives of the city or state.
Failure of any person to permit access to the gas inspector shall
constitute a violation of this article. Additionally, the gas inspector
and other city officials shall have the authority to issue any orders
or directives required to carry the intent and purpose of this article
and its provisions. 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 permit. Failure of any person to provide
any such requested material shall be deemed a violation of this article.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.503)
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 designating such agent shall within ten (10)
days notify the planning and zoning department in writing of any change
in such agent or such mailing address unless operations within the
city are discontinued. Failure to do so shall be deemed a violation
of this article.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.504)
A permit shall be required for seismic surveys. No seismic survey
permit shall be granted unless the applicant shows proof of lease
of mineral property within 200 feet of the right-of-way on which the
survey is to be conducted. All seismic survey permit applications
shall be submitted to the planning and zoning department for approval.
The seismic survey shall not begin prior to the issuance of a seismic
survey permit from the city. A permit shall include, but is not limited
to, the following information:
(1)
Operator/applicant
name, phone number, fax number, physical address, and, if possible,
e-mail address; if the operator is a corporation, the state of the
incorporation, and if the operator is a partnership, the names and
addresses of the general partners shall be provided.
(2)
Detailed
mapping of location and extent of the seismic survey.
(3)
Date
and time the seismic survey will be conducted.
(4)
Detailed
explanation of the seismic survey method to be used on the site.
(5)
Date
and time the seismic survey will be completed.
(6)
If
the seismic survey is conducted in any right-of-way, then the operator
must reimburse all costs to the city for any damages associated with
the seismic survey.
(7)
The permit fee for a seismic survey on public property shall be as set forth in the fee schedule in appendix A of this code, plus the costs of barricade rental and personnel required to direct and divert traffic if city forces and materials are used.
(8)
An
operator must submit a traffic safety and management plan as required
by the public works department with all seismic surveys that are conducted
within the right-of-way.
(9)
Under
no circumstances may explosive charges, including, but not limited
to, the use of dynamite, be used in any way related to the preparation
and/or operation of conducting a seismic survey.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.505; Ordinance adopting 2021 Code)
(a)
Permit required.
A person wanting to engage in and/or
operate in gas production activities shall apply for and obtain a
gas well permit under this article and shall indicate what type of
well permit is requested. It shall be unlawful for any person acting
either for himself or acting as an 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.
(b)
Permit required for each well.
The operator must apply
for and obtain a gas well permit for the drilling of each well. The
operator shall neither apply nor obtain a “blanket” permit
for more than one (1) well if multiple wells are located on the same
tract of land. Each new well established at the ground surface will
be considered a new gas well permit.
(c)
New permit required for reentering abandoned well.
An
existing gas well permit shall not constitute authority for the reentering
and drilling of an abandoned well. An operator shall obtain a new
well permit in accordance with the provisions of this article if the
operator is reentering and drilling an abandoned well.
(d)
Scope of permit; amended permit.
When a gas well permit
has been issued to the operator for the drilling, 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. An amended gas well permit shall be obtained
before such well may be modified 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)
Fracturing permitted well.
Any person who intends to rework a permitted well using a drilling rig to fracture stimulate (fracturing) a permitted well after initial completion 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, but not limited to, 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 twenty-four (24) hour telephone number of the person conducting the activities. The person conducting the activities shall post a sign on the property giving the public notice forty-eight (48) hours in advance of the fracturing activities. The sign shall comply with the requirements of section 4.07.013 (On-site and technical regulations), subsection (y)(1) (Signs).
(f)
Well setbacks for gas well permits.
(1)
It shall be unlawful to drill, redrill, deepen, reenter, activate
or convert any well, the center of which, at the surface of the ground,
is located:
(A)
Within six hundred feet (600') from any residence, religious institution,
public building, school, retail or commercial building or hospital
building for which a building permit has been issued on the date the
application for a gas well permit is filed with the planning and zoning
department.
(B)
Within fifty feet (50') of any public street, road, highway, or right-of-way
line.
(C)
Within one hundred feet (100') of any existing potable water well.
(D)
Within one hundred fifty feet (150') of any property line.
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The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the object listed in subsections (A) through (D) above. The above calculations shall be prepared by a registered professional land surveyor.
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(2)
Tank batteries, separators and compressors shall be located at least
three hundred feet (300') from any residence, religious institution,
public building, school, hospital building, or any other building
used, or designed and intended to be used, for human occupancy, for
which a building permit has been issued on the date the application
for a gas well permit is filed. The distance shall be calculated from
the closest tank batteries, separators or compressors, in a straight
line, without regard to intervening structures or objects, to the
closest part of the playground, competition athletic field, picnic
area, residence, religious institution, public building, hospital
building or school, or any other building used or designed and intended
to be used for human occupancy.
(3)
The distances set out in subsections (f)(1) and (2) above may be reduced at the discretion of the city council, but never less than three hundred feet (300') except as provided by subsection (4) below. All distance reductions shall be documented as exceptions to the requested permit prior to issuance.
(4)
Notwithstanding the provisions of this section, wells may be drilled
no closer than one hundred fifty feet (150') from existing residences
that are occupied by persons who in writing consent to the request
to drill the well if approved by a majority vote of the city council.
Said written consent is required from all residences occupied by persons
within three hundred feet (300') of a proposed well bore prior to
an application for a well permit being processed by city staff. Wells
may be redrilled, deepened, reentered, activated or converted if no
closer than one hundred fifty feet (150') from any residence constructed
after the well was originally drilled without such consent.
(5)
Notwithstanding the provisions of this section, new residences may
be built no closer than one hundred and fifty feet (150') from an
existing well.
(g)
Time limit for commencing drilling.
A gas well permit
shall automatically terminate, unless extended, if drilling is not
commenced within ninety (90) days from the date of the issuance of
the permit. A well permit may be extended by the gas inspector for
an additional ninety (90) days upon written request by the operator
and proof that the regulatory standards of the requested permit for
such location have not changed.
(h)
Other permits.
Permits required by this article are
in addition to and are not in lieu of any permit which may be required
by any other provision of the city code or by any other governmental
agency.
(i)
Drilling in floodway or floodplain.
No gas well permit
shall be issued for any well to be drilled within the floodway identified
by the Federal Emergency Management Agency (FEMA) on the most current
flood insurance rate map (FIRM). Gas wells proposed in the floodplain
outside of the floodway shall comply with the requirements for development
in the city’s design criteria and construction standards manual.
(j)
Compliance with design criteria and construction standards manual.
No gas well permit shall be issued for any well to be drilled
that is not in compliance with any standard, provision, procedure,
and/or recommendation as described in the city’s design criteria
and construction standards manual.
(k)
Acceptance of regulations.
By acceptance of any permit
issued pursuant to this article, the operator expressly stipulates
and agrees to be bound by and comply with the provisions of this article.
The terms of this article shall be deemed to be incorporated in any
permit issued pursuant to this article with the same force and effect
as if this article was set forth verbatim in such permit.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.506)
(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 planning and zoning department.
(b)
Every application shall be accompanied by a permit fee in the amount set forth in the fee schedule in appendix A of this code; provided, however, that in the event the city incurs additional costs to administer a permit application, the applicant shall pay for all such additional cost as part of the permit fee. The application shall include the following information:
(1)
The date of the application and type of permit requested.
(2)
An accurate legal description of the lease property to be used for
the operation site, the parcel and the production unit and name of
the geologic formation as used by the commission. Property recorded
by plat shall reference subdivision, block and lot numbers.
(3)
Map showing proposed transportation route and road(s) for equipment,
chemicals or waste products used or produced by the gas operation.
(4)
Proposed well name and well depth.
(5)
Surface owner names(s), telephone number(s), fax number(s), physical
address(es), and, if possible, e-mail addresses, of the lease property.
(6)
Mineral lessee name, telephone number, fax number, physical address,
and, if possible, e-mail address.
(7)
Operator/applicant name, telephone number, fax number, physical address,
and if possible, e-mail 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, telephone number, fax number, and physical address of the individual
designated to receive notice, and, if possible, e-mail address.
(9)
Names and address of representatives or operator’s agent with
supervisory authority over all gas operation site activities and an
emergency twenty-four (24) hour telephone number.
(10)
Location and description of all improvements and structures within
eight hundred feet (800') of the well. Such locations and descriptions
shall be prepared by a registered professional land surveyor.
(11)
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 and storage tanks or storage sheds.
All site plans must include the following criteria:
(A)
Property boundaries with dimensions and setback lines.
(B)
Location of proposed buildings and structures indicating sizes in
square feet.
(C)
The location and intensity of exterior lighting fixtures.
(D)
The location of mechanical equipment.
(E)
Outside storage areas.
(F)
Curb cut locations.
(G)
Parking, loading, and maneuvering areas.
(J)
Waste disposal locations with screening.
(K)
Adjacent property lines, streets, and easements immediately adjacent
to the operation site.
(L)
Names of owners of property immediately adjacent to the operation
site.
(M)
Names of subdivisions immediately adjacent to the operation.
(N)
Site plans shall be submitted on a sheet size of 24" x 36" minimum.
(O)
City boundaries where applicable.
(P)
Date the drawing was prepared with name, address, and phone number
of preparer.
(Q)
Location, width, purpose of all existing easements.
(R)
North arrow, at a maximum scale of 1:50, immediately adjacent to
the operation site.
(S)
All existing street names immediately adjacent to the operation site.
(T)
Dimensions of all existing rights-of-way as specified on the city’s
thoroughfare plan.
(U)
Title block identifying the gas well site location.
(V)
Vicinity location map at 1" = 2000'.
(W)
Zoning classifications of all properties shown on the site plan.
(X)
Location of 100-year flood limits where applicable.
(Y)
Texas NAD83 state plane coordinates for at least two corners.
(Z)
As a minimum, a preliminary drainage study as identified in the design
criteria and construction standards manual.
(12)
Copies of all reports required by the commission, specifically including
a copy of the approved railroad commission Form W-1 and/or P-4.
(13)
A signed right-of-way maintenance agreement supplied by the city
that provides that the operator shall repair, at his own expense,
any damage caused by any activity associated with the preparation,
drilling, production, and operation of wells.
(14)
A description of public utilities required during drilling and site
operations.
(15)
A description of the water source to be used during drilling.
(16)
A copy of the stormwater pollution prevention plan (SWPPP) as required
by the commission, the state commission on environmental quality (TCEQ),
the United States Environmental Protection Agency (USEPA) and/or the
city. A copy of the notice of intent (NOI) shall be submitted to the
public works department at least three (3) days prior to the commencement
of any on-site activity.
(17)
A copy of the determination by the TCEQ of the depth of usable quality
groundwater.
(18)
Evidence of insurance and security requirements under this article.
(19)
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.
(20)
All required application and permit fees.
(21)
A copy of a hazardous materials management plan and, additionally,
all material safety data sheets (MSDS) for all hazardous materials
that will be located, stored, transported and/or temporarily used
on the drilling site shall be provided to the gas inspector and the
fire department.
(c)
Building permits required; registration of contractors; restroom
facilities.
(1)
No building or structure regulated by the current technical codes
adopted by the city shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted, or demolished unless
a separate permit for each building or structure has first been obtained
from the planning and zoning department. No subdivision plat will
be required.
(2)
It shall be the responsibility of any person, firm, or corporation, upon submittal of an application for a building permit for work regulated by the current technical codes adopted by the city, to register as a general contractor with the city. Work regulated includes, but is not limited to, construction of gates, fencing, plumbing, irrigation, electricity, roadways, entrances, compressors, flow lines, pipelines, gathering lines, tank batteries, and buildings. Such registration shall be upon forms supplied by the planning and zoning department and shall become null and void on December 31st of each year. An appropriate fee for registration shall be assessed in accordance with the fee schedule in appendix A of this code.
(3)
Appropriate temporary or permanent restroom facilities shall be provided
during the course of any work subject to regulation by the current
technical codes adopted by the city.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.507; Ordinance adopting 2021 Code)
(a)
All
gas well permits will be filed through the planning and zoning department.
The planning and zoning department will then convene a meeting of
the development assistance committee (DAC).
(b)
It
is the responsibility of the DAC to review and approve or disapprove
all applications for gas well drilling permits based on the criteria
established by this article.
(c)
The
DAC, within forty-five (45) 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 the
permit application shall be approved or denied.
(d)
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
planning and zoning department.
(1)
All new and/or proposed construction of any buildings, structures,
streets, roads, and/or applicable improvements to the property upon
which any gas well is located must be in compliance with all applicable
setback requirements enumerated in this article.
(2)
If all the requirements of this article are met, the DAC shall issue
a permit for the drilling of the well or the installation of the facilities
for which the permit application was made.
(3)
If the DAC denies a permit application for cause as set out in this article for the requested gas well permit, the DAC shall notify the operator in writing of such denial stating the reasons for the denial. Within forty-five (45) days of the date of the written decision of the DAC to deny the permit, the operator may cure those conditions that caused the denial and resubmit the application to the planning and zoning department for approval and issuance of the permit. Additionally, the operator may file an appeal to the city council pursuant to section 4.07.018 of this article.
(4)
The failure of the DAC to review and issue a permit within the time limits specified above shall not cause the application to be deemed approved. The failure of the DAC to act within the time limit shall be deemed a disapproval. The operator may file an appeal to the city council pursuant to section 4.07.018 of this article.
(e)
If
an application for a permit is denied by the city, nothing herein
contained shall prevent a new permit application from being submitted
to the planning and zoning department for the same well.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.508)
(a)
An
amended permit may be issued for, but not limited to, the following
changes in drill and/or operational site activities:
(1)
Redrilling;
(2)
Deepening beyond one hundred fifty feet (150') of the permitted depth;
(3)
Site access;
(4)
Locations and/or quantities of equipment as determined by the gas
inspector;
(5)
Locations and/or number of drilling fluid or other types of pits;
and
(6)
Locations and/or number of buildings and structures.
(b)
Applications
for amended 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 permit (if such information has not previously been provided
to the city);
(4)
Such additional information as is reasonably required by the gas
inspector to demonstrate compliance with the applicable 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)
An amended site plan will be required.
(c)
All
applications for amended permits shall be filed with the planning
and zoning department for review by the DAC. 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 commission regarding
the determination of the operator.
(d)
If
the activities proposed by the amendment are not materially different
from the activities covered by the existing permit then the DAC shall
approve or disapprove the amendment within fifteen (15) days after
the application is filed.
(e)
If
the activities proposed by the amendment are materially different
from the activities covered by the existing permit, and do not create
a risk of destruction of property or injury to persons, then the DAC
shall approve or disapprove the amendment within forty-five (45) 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 or the DAC, might create a risk of destruction of
property or injury to persons that were not associated with the activities
covered by the existing permit or that were not otherwise taken into
consideration by the existing permit, the DAC may require the amendment
to be processed as a new permit application.
(f)
The failure of the DAC to review and issue an amended permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. Further, the decision of the DAC to deny an amendment to a permit shall be provided to the operator in writing within the time period indicated in subsections (d) and (e) above, including an explanation of the basis for the decision. The operator may appeal any such denial to the city council pursuant to section 4.07.018 of this article.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.509; Ordinance adopting 2021 Code)
(a)
If
an operator (or its officers, employees, agents, contractors, or representatives)
fails to comply with any requirement of a permit (including any requirement
incorporated by reference as part of the permit), the city 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 risk of imminent
danger 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, the city may suspend
or revoke the permit pursuant to the provisions of this article.
(c)
No
person shall carry on any operations performed under the terms of
the permit issued under this article during any period of any permit
suspension or revocation or pending a review of the decision or order
of the city in suspending or revoking the 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 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 city, upon written notice to the operator, may
notify the commission and request that the commission take any appropriate
action.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.510)
(a)
The
operator shall notify the gas inspector of any changes to the following
information within ten (10) days after the change occurs:
(1)
The name, physical address, telephone number, and fax number of the
operator;
(2)
The name, address, and telephone 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
(3)
The operator’s emergency action response plan (including “drive-to
maps” from public rights-of-way to each drill site).
(b)
The
operator shall notify in writing the gas inspector and the planning
and zoning department of any change to the name, address, and twenty-four
(24) hour phone number of the person(s) with supervisory authority
over drilling or operations activities within one (1) business day.
(c)
The
operator shall provide a copy of any “incident reports”
or written complaints submitted to the commission and a copy to the
city within thirty (30) days after the operator has notice of the
existence of such reports or complaints.
(d)
Beginning
on December 31st after each well is completed, and continuing on each
December 31st thereafter until the operator notifies the gas inspector
and the planning and zoning department 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 permit that have
not been previously reported to the city.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.511)
(a)
Duties of operator; indemnification of city.
The operator
shall be required to:
(1)
Compliance.
Comply with the terms and conditions of
this article and the permit issued hereunder.
(2)
Restoration of site.
Promptly clear drill 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 as determined by
the gas inspector.
(3)
Indemnification and express negligence provisions.
Operators
shall sign each permit and the city shall retain a signed original.
Each such permit issued by the city 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 of Lake Worth, 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 permit. The operator shall fully defend, protect,
indemnify, and hold harmless the City of Lake Worth, Texas, 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 of Lake Worth, Texas, 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 permit.
The operator agrees to indemnify and hold harmless the City of Lake
Worth, Texas, 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 of Lake Worth occurring on the drill site or operation
site in the course and scope of inspecting and permitting the wells
including, but not limited to, claims and damages arising in whole
or in part from the negligence of the City of Lake Worth occurring
on the drill site or operation site in the course and scope of inspecting
and permitting 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 OF LAKE WORTH, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF
THE NEGLIGENCE OF THE CITY OF LAKE WORTH, TEXAS 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.
(4)
Payment of fines.
Promptly pay all fines, penalties
and other assessments imposed due to breach of any terms of the permit.
(5)
Restoration of public property.
Promptly restore to
its former condition any public property damaged by the gas operation.
(b)
Bond or irrevocable letter of credit.
Prior to the issuance
of a gas well permit the operator shall provide the public works department
with a security instrument in the form of a bond or an irrevocable
letter of credit as follows:
(1)
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 permit term or until
the well is plugged and abandoned and the site is restored, whichever
occurs last. 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 manager or his/her designee.
(2)
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 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 permit term or until the well is plugged and abandoned
and the site is restored, whichever occurs last. The city shall be
authorized to draw upon such letter of credit to recover any fines
or penalties or costs to remedy assessed under this article. Evidence
of the execution of a letter of credit shall be submitted to the city
by submitting an original signed letter of credit from the banking
institution, with a copy of the same provided to the city manager
or his/her designee.
(3)
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
to reduce the existing bond to ten thousand dollars ($10,000.00) 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). 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 fifty thousand dollars ($250,000.00) per well.
(4)
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 percent (125%) 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. 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.
(5)
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.
(6)
When the well or wells covered by said irrevocable letters 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.
(c)
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 permit shall be suspended on
such date of cancellation and the operator’s right to operate
under such permit shall immediately cease until the operator files
additional insurance as provided herein.
(1)
General requirements applicable to all policies.
(A)
The city and 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.
(B)
All policies shall be written on an occurrence basis except for environmental
pollution liability (seepage and pollution coverage) and excess or
umbrella liability, which may be on a claims-made basis.
(C)
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.
(D)
Deductibles shall be listed on the certificate of insurance and shall
be on a “per occurrence” basis unless otherwise stipulated
herein.
(E)
Certificates of insurance shall be delivered to the City Secretary,
City of Lake Worth, 3805 Adam Grubb Road, Lake Worth, Texas 76135,
evidencing all the required coverages, including endorsements, prior
to the issuance of a permit.
(F)
All policies shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the city.
(G)
Any failure on 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 permit, the operator shall report, in a timely
manner, to the public works department 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.
(2)
Standard commercial general liability policy.
This coverage
must include premises, operations, blowout or explosion, products,
completed operation, 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 one million
dollars ($1,000,000.00) per occurrence location for bodily injury
and property damage.
(3)
Excess or umbrella liability.
Five million dollars ($5,000,000.00)
excess, if the operator has a stand-alone environmental pollution
liability (EPL) policy. Ten million dollars ($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 seepage
and pollution coverage is written on a “claims made” basis,
the operator must maintain continuous coverage and purchase extended
coverage period insurance when necessary.
(4)
Environmental pollution liability coverage.
The operator
shall purchase and maintain in force, for the duration of the 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 one million dollars ($1,000,000.00) per loss,
with an annual aggregate of at least ten million dollars ($10,000,000.00).
(A)
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.
(B)
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.
(5)
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. Five million
dollars ($5,000,000.00) per occurrence/no aggregate, if available,
otherwise an aggregate of ten million dollars ($10,000,000.00). Five
hundred thousand dollars ($500,000.00) sub-limit endorsement may be
added for damage to property for which the operator has care, custody
and control.
(6)
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 five hundred
thousand dollars ($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.
(7)
Automobile liability insurance.
Combined single limit
of one million dollars ($1,000,000.00) per occurrence for bodily injury
and property damage. Coverage must include all owned, hired and not-owned
automobiles.
(8)
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 department of insurance or ISO (insurance services office),
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
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 DAYS’ ADVANCE WRITTEN NOTICE IS REQUIRED.
Original endorsements affecting coverage required by this section
shall be furnished with the certificates of insurance.
(9)
Agent for receiving 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 846 adopted 11/14/06; 2004 Code, sec. 4.512; Ordinance adopting 2021 Code)
(a)
Abandoned wells.
All wells shall be abandoned in accordance
with the rules of the railroad commission; however, all well casings
shall be cut and removed to a depth of at least ten feet (10') below
the surface unless the surface owner submits a written agreement otherwise.
No structures shall be built over an abandoned well.
(b)
Blowout prevention.
In all cases, blowout prevention
equipment shall be used on all wells being drilled, 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 (API). The operator must equip all
drilling wells with adequate blowout preventers, flow lines and valves
commensurate with the working pressures involved as required by the
commission. The operator must conduct daily testing of the operation
and pressure providing a copy to the city weekly.
(c)
Chemical and materials storage.
All chemicals and/or
hazardous materials shall be stored in such a manner as to prevent,
contain, and facilitate rapid remediation and cleanup of any accidental
spill, leak, or discharge of a hazardous material. The operator shall
have all material safety data sheets (MSDS) for all hazardous materials
on-site. All applicable federal and state regulatory requirements
for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are
not limited to, chemicals and materials raised from the ground (e.g.,
wooden pallets), bulk storage, installation and maintenance of secondary
containment systems, and protection from stormwater and weather elements.
(d)
Fracturing operations.
The following requirements shall
apply to all fracture stimulation (fracturing) operations performed
on a well:
(1)
At least forty-eight (48) hours before operations are commenced, the operator shall post a sign, which complies with subsection (y)(1) (Signs) below, at the entrance of the well site advising the public of the date the operations will commence and an anticipated completion date;
(2)
“Flowback” operations to recover fluids used during fracture
stimulation shall be performed during daylight hours only unless the
gas inspector approves in writing such operations during non-daylight
hours;
(3)
A watchperson shall be required at all times during such operations;
(4)
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; and
(5)
Written notice of operations shall be provided to each owner of record
of each parcel of property located within two hundred feet (200')
of the well at least forty-eight (48) hours prior to commencement
advising the adjacent property owners of the date the operations will
commence and the anticipated completion date.
(e)
Compliance.
The operator shall comply at all times with
all applicable federal, state and city requirements.
(f)
Discharge.
No person shall place, deposit, discharge,
or cause or permit to be placed, deposited or discharged any oil,
naphtha, petroleum, asphalt, tar, hydrocarbon substances or 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, sanitary drain or any body of water or any private
or public property in the city.
(g)
Drilling fluids.
Low toxicity glycols, synthetic hydrocarbons,
polymers, and esters shall be substituted for conventional oil-based
drilling fluids.
(h)
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.
(i)
Drip pans and other containment devices.
Drip pans and
other containment devices shall be placed or installed underneath
all tanks, containers, pumps, lubricating oil systems, engines, fuel
and chemical storage tanks, system valves, connections, and any other
areas or structures that could potentially leak, discharge, or spill
hazardous liquids, semi-liquids, or solid waste materials.
(j)
Dust, vibration and odors.
All drilling and production
operations shall be conducted in such a manner as to minimize, so
far as practicable, dust, vibration, or noxious odors, and shall be
in accordance with the best accepted practices incident to drilling
for the production of gas and other hydrocarbon substances. All equipment
used shall be so constructed and operated so that vibrations, dust,
odor or other harmful or annoying substances or effect 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 as identified by the gas inspector in industry standards
of drilling and production in this area may be adopted as they become
available if capable of reducing factors of dust, vibration and odor.
(k)
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.
(l)
Electric motors.
Only electric prime movers or motors
shall be permitted for the purpose of pumping wells. No electric power
shall be generated on the location. All electrical installations and
equipment shall conform to the city’s ordinances and the appropriate
national codes.
(m)
Emergency response plan.
Prior to the commencement of
any gas or other hydrocarbons production activities, the operator
shall submit to the gas inspector and fire chief 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 TCEQ, the
state department of transportation and/or the U.S. EPA. The emergency
response plan shall be kept current with any additions, modifications,
and/or amendments concerning all construction-related activities,
natural gas operations and/or natural gas production. Updated plans
shall be submitted to the gas inspector and fire chief within two
(2) business days. A copy of the emergency response plan shall be
kept on-site.
(n)
Explosive charges.
Under no circumstances shall explosives
of any type be used during any phase of drilling, redrilling, deepening,
reentering, activating, converting, fracturing, or completing a gas
well without the prior consent of the fire department. Where permitted,
the operator shall provide notice to the gas inspector and fire chief
at least ten (10) days prior to such activities. The notice shall
identify the date that the explosive charges will be used, the date
and means of transporting the explosive charges, and the transportation
route to and from the drill and/or operation site that will be used
for the delivery of the explosive charges.
(o)
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 emergency shutoff valve to the well distribution
line.
(p)
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 five hundred feet (500') 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.
(q)
Grass, weeds and trash.
All drill and operation sites
shall be kept clear of high grass, weeds, and trash, combustible or
otherwise.
(r)
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 shielded so as to both prevent direct illumination
of and minimize glare on public roads and adjacent dwellings and buildings
within six hundred feet (600').
(s)
Muffling of exhaust; hours for conducting fracturing operations.
Exhaust from any internal combustion engine, stationary or mounted
on wheels, used in connection with the drilling of any well or for
use on any production equipment shall not be discharged into the open
air unless it is equipped with an exhaust muffler or mufflers or an
exhaust muffler box constructed of noncombustible materials sufficient
to suppress noise and prevent the escape of obnoxious gases, fumes
or ignited carbon or soot. All formation fracturing operations shall
be conducted during daylight hours unless the operator has notified
the gas inspector that fracturing will occur before or after daylight
hours to meet safety requirements.
(t)
Organic solvents.
Organic solvents, such as trichloroethylene
and carbon tetrachloride, shall not be used for cleaning any element,
structure, or component of the drilling rig, platform, and/or associated
equipment, tools, or pipes. To the maximum extent practicable, high
flash point Varsol shall be used.
(u)
Pipe dope.
Lead-free, biodegradable pipe dope shall
be substituted for API specified pipe dope.
(v)
Pits.
All reserve pits, completion/workover pits, drilling
fluid disposal pits, fresh makeup water pits, gas plant evaporation/retention
pits, mud circulation pits, or water condensate pits shall be lined
with plastic or stored above ground in tanks. The water surface elevation
of the pit may not exceed twelve inches (12") above the existing ground
elevation prior to any on-site construction of the pit. One foot (1')
of freeboard is required between the surface elevation and on top
of the berm. Such pits and contents shall be removed from the premises
and the drilling site within forty (40) days after completion of the
well, unless otherwise authorized by the gas inspector. No washout
pits shall be located within the city, unless all fluid, sludge, solid
waste materials, drilling fluids, waste oil, spent completion fluids,
all other liquids, semi-liquids, mud, including hazardous waste inseparable
by simple mechanical removal processes, and is made up primarily of
natural material is immediately captured within a fully enclosed,
above-ground containment tank.
(w)
Private roads and drill sites.
Prior to the commencement
of any drilling operations, all private roads used for access to the
drill site and the operation site itself shall be at least twenty
feet (20') wide, have an overhead clearance of fourteen feet (14')
and shall be an all-weather hard surface and maintained to prevent
dust, mud and rutting. In particular cases these requirements governing
surfacing of private roads may be altered at the discretion of the
public works department 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.
(x)
Saltwater wells.
No saltwater disposal wells shall be
located within the city.
(y)
Signs.
(1)
A sign shall be immediately and prominently displayed at the gate
on the temporary and permanent site fencing erected pursuant to 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 sixteen (16) square feet with
contrasting lettering not less than four inches (4") tall and shall
be lettered with the following:
(2)
Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED”
in both English and Spanish 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
department of the city. Sign lettering shall be four inches (4") 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.
(z)
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 equipment on the site shall constitute
a fire hazard. No refinery, processing, treating, dehydrating or absorption
plant of any kind shall be constructed, established or maintained
on the premises. This shall not be deemed to exclude a conventional
gas separator or dehydrator.
(aa)
Storage tanks.
All tanks and permanent structures shall
conform to the API specifications unless other or additional specifications
are approved by the fire department. All storage tanks shall be equipped
with a secondary containment system including lining with an impervious
material. The secondary containment system shall be a minimum of three
feet (3') in height and one and one-half (1-1/2) times the contents
of the largest tank in accordance with the fire code, and buried at
least one foot (1') below the surface. Drip pots shall be provided
at the pump-out connection to contain the liquids from the storage
tank. All tanks shall be set back pursuant to the standards of the
commission and the National Fire Protection Association. 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
above-ground facilities, other than the well head and flow lines,
shall be placed in a floodway identified by FEMA on the most current
FIRM. Meters, storage tanks, separation facilities, or other above-ground
facilities proposed in the floodplain shall be outside of the floodway
and shall comply with the requirements for development in the city
design criteria and construction standards manual.
(bb)
Tank battery facilities.
Tank battery facilities shall
be equipped with a remote foam line and a lightning arrestor system.
(cc)
Surface casing.
Surface casing shall be run and set
in full compliance with the applicable rules and regulations of the
commission.
(dd)
Valves.
Each well must have a shutoff valve to terminate
the well’s production. The fire department shall have access
to the well site to enable it to close the shutoff valve in an emergency.
(ee)
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 API 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. 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 an above-ground self-contained
tank, or, if authorized by the city council, a lined 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 and approved by the gas inspector, 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.
(ff)
Watchperson.
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.
(gg)
Installation of pipelines on, under or across public property.
The operator shall apply to the city for a right-of-way use
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.
The operator shall:
(1)
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.
(2)
Furnish to the public works department a site plan showing the location
of such pipelines.
(3)
Construct such lines out of pipe in accordance with the city codes
and regulations, including, but not limited to, the design criteria
and construction standards manual.
(4)
Grade, level and restore such property to the same surface condition,
as nearly as practicable, as existed prior to the laying of the pipeline.
(hh)
Drilling in public streets or alleys; blocking or encumbering street
or alley.
No 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 the public works department. Any consent
from the public works department 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. The site must not conflict with
the city’s thoroughfare plan.
(ii)
Vehicle routes.
Vehicles associated with drilling and/or
production in excess of three (3) tons shall be restricted to state
arterials, and where local access is required, to those arterials,
collectors or commercial routes designated on the city’s thoroughfare
plan.
(jj)
Work hours.
Site development, other than drilling and fracturing, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 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 between the above same work-hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request an exception from the city council pursuant to section 4.07.018 of this article.
(kk)
Noise restrictions.
(1)
During drilling, redrilling or reworking, no on-site activity shall
produce a sound level greater than seventy-eight (78) dB(A) when measured
at a distance of three hundred feet (300') from the drilling equipment
in question.
(2)
During fracturing, no on-site activity shall produce a sound level
greater than eighty-five (85) dB(A) when measured at a distance of
three hundred feet (300') from the drilling equipment in question.
(3)
During production, no on-site activity shall produce a sound level
greater than sixty-five (65) dB(A) when measured at a distance of
three hundred feet (300') from any on-site equipment in question.
(4)
Sound level measurements shall be made with a sound level meter conforming,
as a minimum, to the requirements of the American National Standards
Institute (ANSI).
(5)
If sound levels exceed the dB(A) levels referenced in this subsection,
the gas inspector may require additional sound-reducing techniques
and devices including, but not limited to, sound-reducing mufflers.
(ll)
Tank specifications.
All tanks and permanent structures
shall conform to the API specifications unless other specifications
are approved by the fire department. The top of the tanks shall be
no higher than twelve feet (12') above the terrain surrounding the
tanks.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.513)
(a)
Required.
Throughout the entire exploration, drilling,
and production process there shall be screening improvements (fences,
walls, berms and landscaping) required during each phase of the process.
(1)
Exploration through completion (drilling phase).
A temporary
chain-link fence with all-weather screening fabric at least six feet
(6') in height shall be established around the entire operation site
to obscure view of the gas drilling activities. A secured entrance
gate shall be required. All gates are to be kept locked when the operator
or his or her employees are not within the enclosure. A Knox padlock
or Knox box with a key shall be provided to access the well site to
be used only in case of an emergency.
(2)
Completion through abandonment (production phase).
A
masonry wall with landscaping shall be required to enclose and visually
screen the well and all associated equipment. An earthen berm may
also be required. The masonry walls, berms, and landscaping shall
be in compliance with standard engineering and design practices and
shall meet the following minimum requirements:
(A)
The masonry wall material and design shall be generally compatible
with the design of similar facilities, buildings and structures on
and/or adjacent to the site.
(B)
Masonry walls shall be at least eight feet (8') in height.
(C)
Masonry walls shall be placed upon earthen berms in order to prevent
viewing of the well and associated equipment from a public street,
existing residences and residentially zoned undeveloped property contiguous
to the well site where practicable as determined by the DAC. However,
the above-mentioned berms shall not be required unless needed to augment
the height of an eight-foot (8') masonry wall in order to prevent
the viewing of the well or any associated equipment from the above
items.
(D)
All landscape improvements shall be maintained in an attractive and
healthy state by the applicant and/or operator as to ensure the effective
visual screening of the site throughout its use for gas production
and associated activities.
(E)
Screening shrubs and trees shall be evergreen species and shall be
installed in conjunction with the required masonry walls and/or berms
in order to supplement both the visual screening and noise mitigation
of the well site and associated equipment. Screening shrubs shall
be a minimum of five feet (5') in height at planting, having the potential
to grow to a mature height of at least eight feet (8'), be planted
on four-foot (4') centers and must have an irrigation system that
provides total water coverage to all plant materials. Screening trees
shall be planted on twenty-foot (20') centers. Trees must be a minimum
of three inch (3") caliper at time of planting and be irrigated as
above. Plans for landscape and irrigation shall be submitted to the
planning and zoning department for approval.
(b)
Gate specifications.
All temporary fences and masonry
walls shall be equipped with at least one (1) gate. The gate shall
meet the following specifications:
(1)
Each gate shall be not less than twelve feet (12') wide and be composed
of two (2) gates, each of which is not less than six feet (6') wide,
or one (1) sliding gate not less than twelve feet (12') wide. If two
(2) gates are used, gates shall latch and lock in the center of the
span;
(2)
The gates shall be of chain-link construction, with all-weather screening
fabric, that meets the applicable specifications, or of other approved
material that, for safety reasons, shall be at least as secure as
a chain-link fence;
(3)
The gates shall be provided with a combination catch and locking
attachment device for a padlock, and shall be kept locked except when
being used for access to the site; and
(4)
The operator must provide the fire department with a Knox padlock
or Knox box with a key to access the well site to be used only in
case of an emergency.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.514)
(a)
Cleanup after well servicing.
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.
(b)
Cleanup after spills, leaks and malfunctions.
After
any spill, leak or malfunction, the operator shall remove or cause
to be removed to the satisfaction of the fire department 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 within
twenty-four (24) hours, the city shall have the right to contact the
commission in order to facilitate the removal of all waste materials
from the property affected by such spill, leak or malfunction.
(c)
Painting.
All production equipment shall be painted
and maintained at all times, including wellheads, pumping units, tanks,
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, gray and unobtrusive shades of green, blue and brown, or other
neutral colors approved by the planning and zoning department.
(d)
Blowouts.
In the event of the loss of control of any
well, the operator shall immediately take all reasonable steps to
regain control regardless of any other provision of this article and
shall notify the gas inspector and fire department as soon as practicable.
The gas inspector shall certify in writing, briefly describing the
same, to the city manager or his/her designee. If the city manager
or his/her designee, 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 city 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 city 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 846 adopted 11/14/06; 2004 Code, sec. 4.515; Ordinance adopting 2021 Code)
(a)
Surface requirements for plugged and abandoned well.
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.
(b)
Requirements for restoration of site.
Abandonment shall
be approved by the gas inspector after restoration of the drill and/or
operation site has been accomplished in conformity with the following
requirements at the discretion of the public works department:
(1)
The derrick and all appurtenant equipment thereto shall be removed
from the site;
(2)
All tanks, towers, and other surface installations shall be removed
from the site;
(3)
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;
(4)
If any soil was contaminated, it shall be removed from the site in
accordance with city, state and federal regulations;
(5)
All holes and depressions shall be filled with clean, compactable
soil;
(6)
All waste, refuse or waste material shall be removed from the site;
and
(7)
During abandonment, the operator shall comply with all applicable
sections in this article.
(c)
Notice to gas inspector.
The operator shall furnish
the following to the gas inspector:
(1)
A copy of the approval of the commission confirming compliance with
all abandonment proceedings under the state law; and
(2)
A 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 dates so stated.
(d)
Abandonment 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.
(e)
Approval of abandonment.
The operator can only abandon
a well if the gas inspector has reviewed and approved the abandonment.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.516)
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/are 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 846 adopted 11/14/06; 2004 Code, sec. 4.517)
(a)
In accordance with sections 4.07.008, 4.07.009 and 4.07.010 of this article, 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. Any person or entity whose application is denied, suspended or revoked may, within thirty (30) days of the date of the written decision of the gas inspector or DAC, 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 manager or his/her designee. 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 manager
or his/her designee 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 appellant and any
other party who has requested in writing to be so notified. No other
notice need be given.
(b)
In accordance with sections 4.07.006, 4.07.013 and 4.07.018 of this article, the city council shall have and exercise the power to hear and determine appeals for deviations from well setback, hours of operation, waste disposal, landscaping and screening requirements. An appeal under this subsection may be filed by the applicant at any time.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.518; Ordinance adopting 2021 Code)
(a)
It
shall be unlawful and an offense for any person to do the following:
(b)
Any
violation of this article shall be punished by a fine of not more
than five hundred dollars ($500.00) per violation per day, subject
to applicable state law. Each day that a violation exists shall constitute
a separate offense.
(c)
Any
violation of this article that governs fire safety, public health,
and/or sanitation, including dumping, refuse, or discharge, shall
be punished by a fine not exceeding two thousand dollars ($2,000.00)
per violation per day, subject to applicable state law. Each day that
a violation exists shall constitute a separate offense.
(d)
The
penalty provided herein shall be cumulative of other remedies provided
by state law, including but not limited to the recovery of civil penalties
under subchapter B, chapter 54, of the Texas Local Government Code.
The city may institute any appropriate action or proceeding in a court
of competent jurisdiction to enjoin the violation of this article.
The power of injunction may be exercised in enforcing this article
whether or not there has been a criminal complaint filed.
(Ordinance 846 adopted 11/14/06; 2004 Code, sec. 4.519)
