This article as herein established has been written for the
purpose of promoting and protecting the public health, safety, and
general welfare of the community and in the furtherance of conserving
the value of property and establishing a community desirable to reside
therein.
(Ordinance 426, sec. I, adopted 9/18/08)
As pertaining to this article, the following words shall have
meanings respectively ascribed to them. Generally, all technical or
oil and gas industry words or phrases used herein and not specifically
defined herein shall have that meaning customarily attributed to them
by the oil and gas industry.
Digging or boring a new well or redrilling an existing well
to a deeper depth for the purpose of exploring for, developing or
producing oil, gas or hydrocarbons, or for the purpose of injecting
gas, water or any other fluid or substances into the earth.
One contiguous body or block of land composed of one or more
tracts complying with the spacing regulations promulgated by the state
railroad commission or its successor.
Any area within the corporate limits of the city designated
as a fire zone by a provision of this article or in any ordinance
duly passed and approved by the city council.
The person to whom the city issues a permit to drill and
operate a well under the provisions of this article, and his or its
administrators, executors, heirs, successors and assigns.
Any holes, bore or bores which is, or are, drilled, bored,
dug, sunk or put down to any depth, strata, sand or formation for
the purpose of exploring for or ascertaining the existence of any
oil, gas or liquid hydrocarbon or for the purpose of producing and
recovering any oil, gas or liquid hydrocarbon, or for the purpose
of injecting gas or any fluid or substances into the earth.
(Ordinance 426, sec. II, adopted 9/18/08)
Any person who violates any provision of this article shall,
upon conviction, be subjected to a fine of not more than two thousand
dollars ($2,000.00) for each offense. Each day that such violation
is permitted to continue shall constitute a separate offense. The
term “person” as used in this section shall include the
owner, occupant, mortgagee or vendor in possession, assignee of rents,
executor, trustee, or lessee, agent or another person, firm or corporation
directly or indirectly in control of a building or tract of land.
(Ordinance 426, sec. XXXXI, adopted 9/18/08)
In the event of any conflicts between this article which governs
city-wide drilling permits and the zoning ordinance in effect now
or in the future in this city, then this article shall govern.
(Ordinance 426, sec. XXXXIII, adopted 9/18/08)
Neither the city nor any authorized agent acting under the terms
of this article shall be liable or have any liability by reason of
orders issued, or not issued, or work done, or not done, in compliance
with the terms of this article.
(Ordinance 426, sec. III, adopted 9/18/08)
Every person, firm, corporation, association or other legal entity desiring to drill and/or operate any gas or oil well of any kind in the city limits must obtain the proper permit from the city administrator before proceeding. To obtain said permit, the person, firm, corporation, association or other legal entity shall submit to the city administrator proof of valid state certification and compliance with the rules and regulations as promulgated by the state railroad commission or its successor. In addition, a permit fee as provided for in the fee schedule found in appendix A to this code shall be required before any such permit may be issued.
(Ordinance 426, sec. IV, adopted 9/18/08)
Any violation of the state laws or any rules, regulations or
requirement of any state or federal regulatory body having jurisdiction
in reference to drilling, completing, equipping, operating, producing,
maintaining or abandoning an oil or gas well, or related appurtenances,
equipment or facilities, fire protection, blow-out protection, safety
protection or convenience of persons or property shall also be a violation
of this article and shall be punishable in accordance with the provisions
hereof.
(Ordinance 426, sec. V, adopted 9/18/08)
The premises of each well shall be kept clean and sanitary,
free from rubbish of every character, to the satisfaction of the city
health officer, at all times during drilling operations or reworking
operations are being conducted and as long thereafter as oil or gas
is being produced from the well or fluids or other substances are
being injected into any disposal well.
(Ordinance 426, sec. VI, adopted 9/18/08)
At all times from the start of erection of a derrick, a mast,
or a gin pole until any well is completed as a producer and enclosed
with a fence or until the well is abandoned and plugged, the permittee
shall keep a watchman on duty on the premises.
(Ordinance 426, sec. VII, adopted 9/18/08)
Any operator desiring to rework a well shall give the city council
written notice of this intent prior to the commencement of reworking
operations; provided, however, in the event of an emergency an operator
may proceed with such reworking without notice.
(Ordinance 426, sec. VIII, adopted 9/18/08)
No well shall be drilled and no permit shall be issued for any
well to be drilled at any location which is nearer than five hundred
feet (500') to any residence, building or structure without the applicant
for a permit having first secured the written permission of the owner
or owners thereof, except that the city council may permit a well
where the applicant secures written permission from seventy percent
(70%) of the owners of all residences or business structures within
five hundred feet (500') of the location of any well if the council
determines that the well will not endanger the safety, health or welfare
of the citizens of the city.
(Ordinance 426, sec. IX, adopted 9/18/08)
(a)
It
shall be unlawful to drill any well and no permit shall be issued
for any well to be drilled at any location which is within fifty feet
(50') of the boundary line of any of the streets, alleys, public ways
and water wells of the city. No street, alley or public way shall
be blocked, encumbered or closed in any drilling or production operation,
except on a temporary basis and then only by special permit issued
by the city council.
(b)
Every
oil or gas well drilled within fifteen hundred feet (1500') of the
site of any existing or designated Sand formation; and similar casing
shall be set and cemented on wells located at greater distances from
such water wells when requested by the city council [sic]. Such requirement
may be waived by the city council for good cause shown after due hearing,
but if not waived by the city council may be enforced by injunction
or any other available remedy. No drilling permit shall ever be issued
to any person for the drilling or operation of any well when such
person is in default hereunder, and any such permit inadvertently
issued shall be deemed wholly void from the beginning future municipal
water well of the city shall have casing set and cemented down to
the first impervious stratum below the Trinity [sic].
(Ordinance 426, sec. X, adopted 9/18/08)
Whenever a well is abandoned, it shall be the obligation of
the permittee and the operator of the well to set a cement plug in
the casing from the base of the Wilcox formation to the specifications
as set forth by the state railroad commission or its successor.
(Ordinance 426, sec. XI, adopted 9/18/08)
The productive string shall have a mill test of eighteen hundred
(1,800) pounds for wells six thousand feet (6,000') or less in depth.
The surface casing shall be a new pipe and shall have a mill test
of eleven hundred (1,100) pounds.
(Ordinance 426, sec. XII, adopted 9/18/08)
No well shall be drilled within the city without properly setting
the surface casing. No well shall be drilled within the city without
cementing the surface casing by the pump and plug method with sufficient
cement to completely fill all of the annular space behind such casing
to the surface of the ground, and without cementing the production
string by the pump and plug method with sufficient cement to completely
fill the annular space behind the production string to the surface
of the ground. The production string shall be centralized from one
thousand feet (1,000') to the surface with the use of five (5) centralizers
to be placed at depths of one hundred feet (100'), three hundred feet
(300'), five hundred feet (500'), seven hundred feet (700') and nine
hundred fifty feet (950'). Sufficient cement shall be used so as to
insure the circulation of cement from the bottom of the oil string
to the surface.
(Ordinance 426, sec. XIII, adopted 9/18/08)
The Christmas tree and all well head connections on each well
shall be as follows: On all wells completed at a depth above four
thousand feet (4,000'), the Christmas tree and well head connections
shall be at least a minimum test pressure of one thousand (1,000)
psi; and on all wells completed to a depth of from four thousand one
feet (4,001') to seven thousand feet (7,000'), the Christmas tree
and well connections shall have at least a minimum working pressure
of three thousand (3,000) psi and a minimum test pressure of at least
six thousand (6,000) psi; and on all well head connections there shall
be at least a minimum working pressure of five thousand (5,000) psi
and a minimum test pressure of at least ten thousand (10,000) psi.
In the event the surface shut-in pressure of any well exceeds two
thousand (2,000) psi, the flow string of the Christmas tree shall
be equipped with an automatic closing safety valve in addition to
the regular control valves.
(Ordinance 426, sec. XIV, adopted 9/18/08)
It shall be unlawful for any person to use or operate any wooden
derrick or any steam-powered rig in connection with the drilling or
reworking of any well, or to permit any derrick or derricks to remain
on the premises or drilling site for a period longer than thirty (30)
days after completion of abandonment of the well.
(Ordinance 426, sec. XV, adopted 9/18/08)
The permittee shall make adequate provisions for the disposal
of all salt water or other impurities which may be brought to the
surface from the depth of the well. No salt water pits, vats or other
open storage of salt water shall be permitted within the city. All
movement of salt water in the city shall be by enclosed lines with
no leakage, except by special permit from the city council, which
may impose necessary restrictions on the use of transport vehicles
during certain times or the prohibition of transporting disposal fluids
or substances for more than a specified period, require a special
bond, and impose reasonable inspection fees.
(Ordinance 426, sec. XVI, adopted 9/18/08)
All operators shall be required to drill all wells with mud
through the process commonly referred to as mud drilling. Drilling
with air and/or gas shall be prohibited.
(Ordinance 426, sec. XVII, adopted 9/18/08)
It shall be unlawful for any person to take or to complete any
drill stem test or tests except during daylight hours and then only
if the well effluent during the test is produced through an adequate
oil and gas separator to storage tanks, and effluent remaining in
the drill pipe at the time the tool is closed and flushed to the surface
by circulating drilling fluid down the annulus and up the pipe.
(Ordinance 426, sec. XVIII, adopted 9/18/08)
Any person who completes a well as a producer shall have the
obligation to enclose said well, tank battery and any other surface
facilities by a substantially smooth net wire fence or other material
sufficiently high and properly built so as to ordinarily keep persons
and animals out of the enclosure, as approved by the council. All
gates thereto shall be kept locked when the permittee or employees
are not within the enclosure. Tank batteries shall be enclosed by
earthen firewalls arranged so that the capacity of the enclosure will
be sufficient to contain the full volume of fluids in the tanks. The
well permit may require tree preservation and landscaping. Landscaping
shall consist of native plants. Retention of twenty-five percent (25%)
of the existing trees will be required through either retention or
replanting.
(Ordinance 426, sec. XIX, adopted 9/18/08)
No water, gas, air or chemicals shall be injected into any well
for the purpose of forcing oil out of the producing formation or for
any other purpose without applying for a special permit. In applying
for such approval, the permittee shall include in the application
a detailed statement of the method to be used in injecting said water,
gas, chemicals or other fluids and its plan for inspections and protection
of the groundwater from contamination.
(Ordinance 426, sec. XX, adopted 9/18/08)
(a)
No
well shall be drilled or redrilled or any equipment operated at any
location within the city in such a manner so as to create any noise
which causes the exterior noise level when measured at the nearest
protected use receiver’s/receptor’s property line or one
hundred feet (100') from the nearest protected use structure (as measured
to the closest exterior point of the building), whichever is closer
to the receiver/receptor, that exceeds the ambient noise level by
more than five (5) decibels during daytime hours and more than three
(3) decibels during nighttime hours. Fracing operations may not exceed
the ambient noise level by more than ten (10) decibels. Backflow operations
may not exceed the ambient noise level by more than five (5) decibels
during nighttime hours.
(b)
The
operator shall be responsible for establishing and reporting to the
city the pre-drilling ambient noise level prior to the issuance of
a gas well permit. Once the drilling is complete, the operator shall
be required to establish a new ambient noise level prior to the installation
of any new noise generation equipment.
(c)
Adjustments to the noise standards as set forth above in subsection (a) of this section may be permitted in accordance with the following:
|
Permitted dBA
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
20
|
Less than 1
|
|
*Cumulative minutes during any one (1) hour.
|
(d)
All
workover operations shall be restricted to daytime hours. “Workover
operations” shall mean work performed in a well after its completion
in an effort to secure production where there has been none, restore
production that has ceased or increase production.
(e)
Acoustical
blankets, sound walls, mufflers or other alternative methods may be
used to ensure compliance. All soundproofing shall comply with accepted
industry standards and is subject to approval by the city.
(f)
The
sound level meter used in conducting noise evaluations shall meet
the American National Standard Institute’s standard for sound
meters or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
(g)
A
citation shall be issued for the failure to correct the violation
within twenty-four (24) hours of the notice of violation by the city.
(Ordinance 426, sec. XXI, adopted 9/18/08)
All slush pits or other means of storing mud or water for use
in drilling or reworking operations shall be constructed, dug, or
placed at the location and in the manner specified by the state railroad
commission or its successor.
(Ordinance 426, sec. XXII, adopted 9/18/08)
Printed signs reading “Dangerous, No Smoking Allowed”
shall be posted in conspicuous places on each producing unit.
(Ordinance 426, sec. XXIII, adopted 9/18/08)
All storage tanks shall be located at the place designated by
and in the manner recommended by the state railroad commission or
its successor. No oil, gas, salt water or other pipelines shall be
installed in the streets, alleys, public ways or on property owned
by the city without prior consent of the city council. Use of such
streets, alleys, public ways or municipally owned property for such
purpose shall be subject to the terms and conditions imposed by the
city council. The depth and location at which such lines shall be
laid shall be specified by the city council or its duly designated
representative.
(Ordinance 426, sec. XXIV, adopted 9/18/08)
All tubing used in any well drilled to a depth of six thousand
feet (6,000') or less shall be J-55 mill tested to three thousand
(3,000) psi.
(Ordinance 426, sec. XXV, adopted 9/18/08)
Valves and blow-out preventers shall be installed when deemed
necessary.
(Ordinance 426, sec. XXVI, adopted 9/18/08)
No person engaged in drilling or operating any well shall permit
gas to escape or be vented into the air within the city. Flaring of
gas within the city is prohibited.
(Ordinance 426, sec. XXVII, adopted 9/18/08)
