A person wanting to engage in and operate in gas production activities shall apply for and obtain a gas well permit under this chapter and shall indicate what type of gas well permit is requested. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, reworking, fracturing, or operation of any such well or to 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.

Operator must apply for and obtain a gas well permit for the drilling, re-drilling, deepening, re-entering, activating, or converting of each well.

A gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new gas well permit in accordance with the provisions of this article if the operator is re-entering and drilling an abandoned well.

(d)

When a gas well permit has been issued to the operator for the drilling, re-drilling, deepening, re-entering, activating, or converting of a well, such gas well permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair, re-working, testing, plugging, and abandonment of the well, and/or any other activity associated with mineral exploration at the site of such well, provided, however, that a new or supplemental permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening, or converting such well to a depth or use other than that set forth in the then current permit for such well.

(e)

Any person who intends to rework a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion, or to conduct seismic surveys or other exploration activities shall give written notice to the gas inspector no less than ten (10) days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities, and the time the activities will be conducted. The notice must also provide the address and twenty-four-hour telephone number of the person conducting the activities. If requested by the gas inspector, the person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and twenty-four-hour telephone number of the person conducting the activities. If the gas inspector determines that an inspection by the gas inspector is necessary, the operator will pay the city for the inspection. The following requirements shall apply to all fracture stimulation operations performed on a well within six hundred (600) feet of an occupied residence:

(1)

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

(2)

"Flowback" operations to recover fluids used during fracture stimulation shall be performed during daylight hours only unless the gas inspector approves such operations during non-daylight hours;

(3)

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

(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.

(f)

A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within one hundred eighty (180) days from the date of the issuance of the gas well permit. A gas well permit may be extended by the gas inspector for an additional one hundred eighty (180) days upon request by the operator and proof that the classification of the requested gas well permit for such location has not changed.

(g)

The gas well 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 this Code or by any other governmental agency, provided that fences and tanks shown on the permit shall not require additional permits or additional fees.

(h)

No additional gas well permit or filing fees shall be required for:

(1)

Any wells, existing, previously permitted, or approved by the city, within the corporate limits of the city on the effective date of this chapter; or

(2)

Any wells which drilling has commenced on the effective date of this chapter; or

(3)

Any wells in existence or on any wells on which drilling has commenced on land annexed into the city after the effective date of this chapter; or

(4)

Any well that was planned for the land before the ninetieth day before the effective date of its annexation and one (1) or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for such well and the completed application for the initial authorization was filed before the date the annexation proceedings were instituted.

A person shall have forty-five (45) days after the enactment of this chapter or annexation into the city to designate a gas operation as a preexisting operation by filing a site plan drawn to scale that shows the proposed location of the well with respect to survey lines and the proposed associated production facilities, if any, with the gas inspector.

(i)

No gas well permit shall be issued for any well to be drilled within any public park without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.

(j)

No gas well permit shall be issued for any well to be drilled within any floodway or floodplain without the prior consent of the director of public works, pursuant to chapter 47 of the Irving City Code. The director of public works shall review the floodplain and floodway requirements on an individual basis prior to the issuance of a permit.

(k)

No gas well permit shall be issued for any well to be drilled on city-owned property without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.

(l)

By acceptance of any gas well permit issued pursuant to this article, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this chapter.

The terms of this chapter shall be deemed to be incorporated in any gas well permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such gas well permit.

(m)

A separate permit shall be required for seismic operations, which shall include seismic surveys, seismic tests, and all other seismic activities. This permit must be obtained at least ten (10) days prior to conducting such seismic operations. The application for such permit shall be on a form devised by the planning and inspections department with such terms as the gas inspector shall deem advisable. The application form to conduct seismic operations shall require the address and legal description where operations are to be performed, as well as the company's name, company's address, contact name, person conducting the seismic operation, twenty-four-hour telephone number, cell phone number, and facsimile number of persons performing the seismic operations. The terms of such permit shall include, but not be limited to:

(1)

Written notice to the gas inspector must be given ten (10) days before seismic operations begin.

(2)

The seismic permit will be valid for a period of ninety (90) days from its date of issuance. A seismic permit may be extended by the gas inspector for an additional ninety (90) days from its expiration date upon request by the operator.

(3)

All seismic operations on city property will be coordinated through the real estate services manager, public works, and require a right of entry and a permit. The real estate services manager may require additional terms and conditions as necessary to protect the interests of the City of Irving.

(4)

Notification that the permit does not grant permission to utilize city right-of-way or access public or private property, which permission must be obtained from the property owners.

(5)

Signs notifying of such seismic operations must have a surface area of not less than two (2) square feet nor more than four (4) square feet and be posted at least five (5) days prior to seismic operations. The signs must be posted on the property where seismic operations will occur in an area of clear view from the public way, and include the name, address and twenty-four-hour telephone number of the entity doing the testing.

(6)

All vehicles involved in seismic operations must display the name of the company holding the permit.

(7)

Seismic operations shall be limited to the hours between 6:00 a.m. and 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends.

(8)

The permit may be rescinded, revoked, or subject to a "stop work order" if seismic operations are performed in violation of existing codes or represents a danger to the health and safety of citizens or potential property damage.

(9)

The seismic operator is responsible for locating all utilities in the vicinity of any tests prior to any testing and is further responsible for protecting such utilities from any damage which may result from seismic operations.

(10)

The seismic permit does not give the applicant the authority to use explosives to conduct the seismic operations. Explosives must be separately permitted by the Irving Fire Department prior to use.

(11)

The seismic permit holder shall provide evidence of a policy of general liability insurance issued by a company licensed to do business in the State of Texas in an amount not less than one million dollars ($1,000,000.00) which shall include all relevant provisions and riders to protect persons and property from damages or injuries as a result of the seismic operations or the preparatory or the concluding activities of any seismic operations. Such evidence shall be on a form and with terms acceptable to the gas inspector.

(12)

The seismic permit holder shall execute and have notarized an indemnification and release of liability for the city on a form approved by the gas inspector.

(13)

The seismic operator shall provide a site plan portraying the location of the proposed seismic operations including energy source points and their proximity to the nearest residence, religious institution, public building, hospital building, school, or public park. The nearest right-of-ways should be clearly identified. The energy source shall not take place in the public right-of-way or unreasonably close to city infrastructure as determined by the department of public works.

(14)

The seismic operator shall provide a traffic control plan for signing, barricading, and pavement marking for the safe maintenance of traffic during seismic operations adjacent to existing streets and public right-of-way.

(15)

The seismic operator shall provide a map showing the transportation route and roads for equipment, chemicals, or waste products used in seismic operations.

(Ordinance 8580, § 1, adopted 12/1/2005; Ordinance 8591, § 1, adopted 1/12/2006; Ordinance 8876, § 1, adopted 10/18/2007)

§ 64-6 Permit application and filing fees.

(a)

Every application for a gas well permit issued pursuant to this article shall be in writing signed by the operator, or some person duly authorized to sign on his behalf, and filed with the gas inspector.

(b)

Every application shall be accompanied by a permit fee as listed in section 64-19 "Gas well fees." Any amendment, extension, or supplement to the permit and any change in operator(s) shall be required to pay an additional fee as outlined in section 64-19. The operator shall be required to pay an annual inspection fee per well on or before the anniversary date of the issuance of the original gas well permit for that particular well as outlined in section 64-19.

(c)

The application shall include the following information:

(1)

The date of the application and type of gas well permit requested.

(2)

An accurate legal description of the lease property to be used for the gas operation, the parcel, and the production unit and name of the geologic formation as used by the commission. Property recorded by plat should reference subdivision, block, and lot numbers.

(3)

Map showing proposed transportation route and road for equipment, chemicals, or waste products used or produced by the gas operation.

(4)

Proposed well name.

(5)

Surface owner names(s) and address(es) of the lease property.

(6)

Mineral lessee name and address.

(7)

Operator/applicant name and address and if the operator is a corporation, the state of incorporation, and if the operator is a partnership, the names and addresses of the general partners.

(8)

Name and address of individual designated to receive notice.

(9)

Name of representative with supervisory authority over all gas operation site activities and a twenty-four-hour phone number.

(10)

Location and description of all improvements and structures within one thousand (1,000) feet of the well.

(11)

Owner and address of each parcel of property within one thousand (1,000) feet of the proposed drill site.

(12)

A survey map prepared by a licensed surveyor or registered engineer and drawn to scale, of the proposed operation site showing the following information:

Date, scale, north point, name of owner, and name of person preparing the site plan.

Location of existing boundary lines and dimensions of the tract.

Approximate 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 sheds.

Designate the existing zoning of the site, and the existing flood zone as determined from the most recent flood insurance rate maps.

Clear designation of areas reserved for off-street parking and for off-street loading; type of surface material.

Location and size of points of ingress and egress to public streets.

Dimension from property line to centerline of existing watercourses, and drainage features.

Location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request indicated by dimension and bearing from a corner of the property.

Location, type, and height of existing and proposed fences or screening walls.

Landscaping plan shall be required where such treatment is essential to proper arrangement of development. Requirement of a landscape plan will be determined when the survey map is reviewed by the gas inspector, at which time the details of the plan will be determined. The city council may require the landscaping plan in a case which comes to the council.

Location and type of signs, lighting, luminaries, and exterior auditory speakers will be indicated on survey map when they are at variance to city standards.

Area map indicating the neighborhood in which the property is located.

Location, type, and size of all easements shall be indicated on the site plan, along with the volume and page number where the easement is recorded with Dallas County Deed Records.

Tree survey showing all trees six (6) inches in caliper or larger on the site.

Electricity usage plan showing the equipment to be powered by electricity, the amount of electricity needed, the sources of the electric power (whether generated on site or purchased from a retail electric provider), as well as the approximate location of the lines, poles, generators, generator fuel tanks transformers, fuse boxes, and other apparatus necessary to utilize electric power.

Limits of the one hundred-year flood plain as shown on the most recent flood insurance rate map published by FEMA, and the existing and base flood elevations at the location of any proposed improvement including, but not limited to, the well head.

(13)

The name, address, and twenty-four-hour phone number of the person to be notified in case of an emergency.

(14)

The exact and correct acreage, included in the gas well permit application.

(15)

Copies of all reports required by the commission.

(16)

A signed road maintenance agreement supplied by the city that provides that the operator shall repair, at his own expense, any damage to roads, streets, or highways caused by the use of heavy vehicles for any activity associated with the preparation, drilling, production, and operation of gas wells.

(17)

A description of public utilities required during drilling and operation.

(18)

A description of the water source to be used during drilling. Use of city water service may be interrupted where the director of water utilities determines that the system would require such interruption to maintain service to other customers or in the event of a period of general water restrictions.

(19)

A copy of the approved commission permit to drill together with attachments and survey plats which are applicable to the drill and operation sites.

(20)

A copy of the stormwater pollution prevention plan as required by the Texas Commission on Environmental Quality. A copy of the notice of intent shall be submitted to the City of Irving, Public Works and Transportation Department, Engineering Division, three (3) days prior to the commencement of any onsite activity.

(21)

A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable quality ground water.

(22)

Evidence of insurance and security requirements under this chapter.

(23)

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.

(24)

All required application and gas well permit fees.

(25)

An emergency action response plan which includes "drive-to-maps" from public rights of way as well as turn arounds and staging areas for emergency equipment. The emergency action response plan shall also include all equipment required by federal, state or local law, which may include, but not limited to, fire hydrants or other equipment determined to be necessary at the site by the fire marshal. The emergency action response plan must be approved by the fire marshal prior to approval of a gas well permit.

(Ordinance 8580, § 1, adopted 12/1/2005; Ordinance 8591, § 1, adopted 1/12/2006)

§ 64-7 Permit classifications.

(a)

High impact gas well permit.

(1)

Generally.

High impact gas well permit shall be required if the proposed well is to be located within six hundred (600) feet of residence, religious institution, public building, hospital building, school, or public park. This provision applies to any residence, religious institution, public building, hospital building, school, or public park which a building permit has been issued on the date the application for a permit is filed with the gas inspector.

For the purpose of a high impact gas well permit the measurement of the six hundred (600) distance shall be made from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building or to the property line of a park.

(2)

Application requirements.

An application for a high impact gas well permit shall include the following information:

All the requirements of section 64-6 of this article;

A detailed site plan that includes all the information required in section 64-6, but also includes specific details to the projected location of the major components of the drilling site, impacted vegetation, creeks, and other topographic features, adjacent building and other structures, and the measured distance from the well site to these buildings and structures, temporary and permanent fencing and landscaping.

(3)

Permitting procedure.

Within forty-five (45) days of receipt of a complete application, the gas inspector shall place the matter on the city council agenda for a public hearing and give notice by mail of the time, place, and purpose thereof to the applicant and any other party who has requested in writing to be so notified. The forty-five-day period shall not begin to run until the applicant/operator has provided the gas inspector with a complete application package.

At least twenty (20) days, and no more than thirty (30) days prior to the date of the public hearing before the city council for a high impact gas well permit under this article, operator shall notify, at operator's expense, each surface owner of property, as shown by the current tax roll, within six hundred (600) feet of the proposed well not owned by or under lease to the operator and the hearing date and time. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail. The operator shall file an affidavit with the gas inspector showing the name and last known address, as identified by the current tax roll, of each owner of property to whom notice was mailed and the names of each owner of property to whom notice is required to be given, but whose address is unknown. Notice shall be sent to all registered neighborhood associations within one-half (½) mile of the proposed drill site.

At least fifteen (15) days, and no more than twenty (20) days prior to the date of the public hearing before city council for a high impact gas well permit under this article, operator shall publish a copy of the notice as outlined below, at operator's expense, in one (1) issue of a daily newspaper of the city for ten (10) consecutive days. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application and will be prima facie evidence of such publication. The notice shall read as follows:

"Notice is hereby given that, acting under and pursuant to the ordinances of the City of Irving, Texas, on the _____ day of _____, 20_____, __________ filed with the gas inspector of the City of Irving, an application for a high impact gas well permit to drill, complete, and operate a well for gas upon property located at __________, Irving, Dallas County, Texas, more particularly shown on the map of record in Volume _____, Page _____, Plat Records of __________ County, Texas, or per Tax Tract Number _____, _____ County, Texas. The City Council will conduct a public hearing on the request for said permit on the _____ day of _____, 20_____ at _____ o'clock _____.m. in the City Council Chambers located at 825 West Irving Boulevard, Irving, Texas."

At least twenty (20) days prior to the date of the public hearing before city council for a high impact gas well permit under this article the operator shall, at operator's expense, erect at least one (1) sign, no less than three (3) feet by three (3) feet, upon the premises upon which a high impact gas well permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest any right-of-way, street, roadway, or public thoroughfare adjacent to such property.

The sign(s) shall substantially indicate that a high impact gas well permit to drill for gas has been requested and state the date, time, and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the applicant/operator at the number indicated on the sign.

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

Any sign(s) shall be removed subsequent to final action by the city council.

All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.

After a high impact permit application is submitted, the gas inspector shall evaluate the public impact of the proposed activity. The gas inspector shall consider the proposed site and the proposed operations or drilling program and shall draft recommended restrictions or conditions, including minimum separation distance for drilling or other operations, special safety equipment and procedures, recommended noise reduction levels, screening, and any other requirements the gas inspector deems appropriate. The recommendation shall be submitted to the city council for consideration prior to the public hearing.

At the public hearing and before the city council considers the merits of the application and the recommendations of the gas inspector, the applicant/operator shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, that timely actual notice of the hearing was given to all persons as required by this article and that the applicant/operator has otherwise complied with or satisfied all other requirements of this article, including full and complete compliance with the insurance and security requirements.

The burden of proof on all matters considered in the hearing shall be upon the applicant/operator.

The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant a high impact gas well permit:

Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there;

Whether the drilling of such wells would conflict with the orderly growth and development of the city;

Whether there are other alternative well site locations;

Whether the operations proposed are consistent with the health, safety, and welfare of the public when and if conducted in accordance with the high impact gas well permit conditions to be imposed;

Whether there is adequate access for the city fire personnel and fire fighting equipment; and

Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the gas well permit conditions are reasonable and justified, balancing the following factors:

(i)

The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and

(ii)

The availability of alternative drill sites.

The recommendations of the gas inspector.

The city council may require an increase in the distance the well is setback from any residence, religious institution, public building, hospital building, school, or public park, or require any change in operation, plan, design, layout, or any change in the onsite and technical regulations in section 64-12 of this chapter, including fencing, screening, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by public interest.

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

(4)

Well setbacks for high impact gas well permit.

It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located within three hundred (300) feet from any public park (unless prior consent is obtained from the city council to drill in a public park pursuant to subsection 64-5(i)) or from any residence, religious institution, public building, hospital building, or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the gas inspector. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building.

This setback distance may be reduced by the city council to less than three hundred (300) feet from residence, religious institution, public building, hospital building, school, or public park only when there is the unanimous consent of the property owners within a three hundred-foot radius around said well and the affirmative vote of not less than three-fourths (¾) of all the members of the city council. For protection of the public health, safety, and welfare, the city council may impose additional requirements for a reduction of such distance.

Tank batteries, well facilities, and equipment shall be located at least one hundred (100) feet from any public park (unless prior consent is obtained from the city council to drill in a public park pursuant to subsection 64-5(i)) or from any residence, religious institution, public building, hospital building, or school for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities, and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building.

(5)

Fencing for high impact gas well permit.

A coated chain link fence colored green, black, or brown, a minimum of eight (8) feet in height shall enclose all completed wells and tanks located within a high impact gas well permit area. The city council may require screening with a masonry wall or other type of screening depending on the visual impact of the location proposed.

Gates requirements and other fencing requirements as outlined in section 64-13 of this chapter shall also be required.

(6)

Landscaping.

Landscaping and irrigation shall be required along all street frontages of the well site with suitable screening shrubs that complement the architectural character of the surrounding neighborhood. Screening shrubs shall be installed completely around the well site and all fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be a minimum of three (3) feet in height at planting, have the potential to grow to a mature height of a minimum of six (6) feet and must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted to the gas inspector for approval.

(7)

Vehicle routes for high impact gas well permit. Vehicles associated with drilling and/or production in excess of three (3) tons shall be restricted to such streets designated as either truck routes or commercial delivery routes by the city code wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the city council for the use by any commercial motor vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof.

(8)

Work hours for high impact gas well permit. Site development, other than drilling, shall be conducted only between 6:00 a.m. and 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends 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 hours of 6:00 a.m. to 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends 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.

(9)

Noise restrictions for high impact gas well permit.

No drilling, producing, or other operations shall produce a sound level greater than seventy-eight (78) dB(a) when measured at a distance of three hundred (300) feet from the production equipment in question. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions, four (4) feet above ground level, when measured at a distance of three hundred (300) feet from the production equipment. A maximum sound level of eighty-five (85) dB(a) shall apply to formation fracturing when measured at a distance of three hundred (300) feet from the production equipment in question.

No person shall operate or permit to be operated in connection with the operation of a producing well any engine, compressor, or motor-driven machinery of any type which creates a sound level greater than sixty-five (65) dB(a) when measured at a distance of three hundred (300) feet from the well site. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions measured at a distance of three hundred (300) feet from the well site.

Sound level measurements shall be made with a sound level meter conforming as a minimum, to the requirements of the American National Standards Institute.

If sound levels exceed the dB(a) levels cited in (1) and (2) of this subsection, the gas inspector may require sound reducing mufflers.

(10)

Tank specifications for high impact gas well permit. All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the fire chief. The top of the tanks shall be no higher than eight (8) feet above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of the commission and the National Fire Protection Association, but in all cases, shall be at least twenty-five (25) feet from any public right-of-way or property line.

(11)

Fluid disposal for high impact gas well permit.

Fluids, including but not limited to, return flows from well fracturing operations, shall not be stored in open pits on site, but shall be immediately trucked away from the site and disposed in a closed loop system in accordance with the requirements of the law relating to the fluid and the materials within the fluid. If the fluids meet the requirements for discharge into the sanitary sewer system, and the director of water utilities approves with due consideration to the abilities of the system to handle such discharges and the ability to monitor such discharges, appropriate fluids may be disposed in the sanitary sewer system.

(12)

Water for high impact gas well permit.

Operator shall purchase water to be used at the site from the city unless such purchase is waived by the director of water utilities, such waiver being based on due consideration of the needs of other system users, the time of the year, and whether water use restrictions are in place or reasonably imminent.

(13)

All other provisions outlined in this chapter shall be required.

(b)

Urban gas well permit.

(1)

Generally.

An urban gas well permit shall be required for all wells not included within the definition of a high impact gas well permit.

(2)

Permitting procedure.

At least twenty (20) days, and no more than thirty (30) days prior to the date of the public hearing before the city council for an urban gas well permit under this article, operator shall notify, at operator's expense, each surface owner of property, as shown by the current tax roll, within six hundred (600) feet of the proposed well not owned by or under lease to the operator and the hearing date and time. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail. The operator shall file an affidavit with the gas inspector showing the name and last known address, as identified by the current tax roll, of each owner of property to whom notice was mailed and the names of each owner of property to whom notice is required to be given, but whose address is unknown. Notice shall be sent to all registered neighborhood associations within one-half (½) mile of the proposed drill site.

At least fifteen (15) days, and no more than twenty (20) days prior to the date of the public hearing before city council for an urban gas well permit under this article, operator shall publish a copy of the notice as outlined below, at operator's expense, in one (1) issue of a daily newspaper of the city for ten (10) consecutive days. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application and will be prima facie evidence of such publication. The notice shall read as follows:

"Notice is hereby given that, acting under and pursuant to the ordinances of the City of Irving, Texas, on the _____ day of _____, 20_____, __________ filed with the gas inspector of the City of Irving, an application for an urban gas well permit to drill, complete, and operate a well for gas upon property located at _______________, Irving, Dallas County, Texas, more particularly shown on the map of record in Volume _____, Page _____, Plat Records of _____ County, Texas, or per Tax Tract Number _____, _____ County, Texas. The City Council will conduct a public hearing on the request for said permit on the _____ day of _____, 20_____ at _____ o'clock _____.m. in the City Council Chambers located at 825 West Irving Boulevard, Irving, Texas."

At least twenty (20) days prior to the date of the public hearing before city council for an urban gas well permit under this article the operator shall, at operator's expense, erect at least one (1) sign, no less than three (3) feet by three (3) feet, upon the premises upon which an urban gas well permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest any right-of-way, street, roadway, or public thoroughfare adjacent to such property.

The sign(s) shall substantially indicate that an urban gas well permit to drill for gas has been requested and state the date, time, and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the applicant/operator at the number indicated on the sign.

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

Any sign(s) shall be removed subsequent to final action by the city council.

All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.

After an urban permit application is submitted, the gas inspector shall evaluate the public impact of the proposed activity. The gas inspector shall consider the proposed site and the proposed operations or drilling program and shall draft recommended restrictions or conditions, including minimum separation distance for drilling or other operations, special safety equipment and procedures, recommended noise reduction levels, screening, and any other requirements the gas inspector deems appropriate. The recommendation shall be submitted to the city council for consideration prior to the public hearing.

The burden of proof on all matters considered in the hearing shall be upon the applicant/operator.

The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant an urban gas well permit:

Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there;

Whether the drilling of such wells would conflict with the orderly growth and development of the city;

Whether there are other alternative well site locations;

Whether the operations proposed are consistent with the health, safety, and welfare of the public when and if conducted in accordance with the high impact gas well permit conditions to be imposed;

Whether there is adequate access for the city fire personnel and fire fighting equipment; and

(i)

The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and

(ii)

The availability of alternative drill sites.

The recommendations of the gas inspector.

(3)

Fencing for urban gas well permit.

A chain link fence, a minimum of eight (8) feet in height with three and one-half (3½) inch mesh shall enclose all completed wells and tanks located within an urban gas well permit area. The city council may require screening with a masonry wall or other type of screening depending on the visual impact of the location proposed.

Gate and fencing requirements as outlined in section 64-13 of this chapter shall also be required.

(4)

Vehicle routes for urban area gas well permit.

Vehicles associated with drilling and/or production rated in excess of three (3) tons shall be restricted to such streets designated as either truck routes or commercial delivery routes by the director of public works and transportation wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the director of public works and transportation for the use by any commercial motor vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof.

(5)

Noise restrictions for urban gas well permit.

No drilling, producing, or other operations shall produce a sound level greater than eighty-five (85) dB(a) when measured at a distance of three hundred (300) feet from the production equipment in question. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions, four (4) feet above ground level, measured at a distance of three hundred (300) feet from the production equipment. A maximum sound level of ninety (90) dB(a) shall apply to formation fracturing when measured at a distance of three hundred (300) feet from the production equipment in question.

No person shall operate or permit to be operated in connection with the operation of a producing well any engine, compressor or motor-driven machinery of any type which creates a sound level greater than seventy-eight (78) dB(a) when measured at a distance of three hundred (300) feet from the well site. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions measured at a distance of three hundred (300) feet from the well site.

Sound level measurements shall be made with a sound level meter conforming, as a minimum, to the requirements of the American National Standards Institute.

If sound levels exceed the dB(a) levels cited in a. and b. of this subsection, the gas inspector may require sound reducing mufflers.

(6)

Tank specifications for urban gas well permit.

All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the fire chief. The top of the tanks shall be no higher than twelve (12) feet above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of the commission and the National Fire Protection Association, but in all cases, shall be at least twenty-five (25) feet from any public right-of-way or property line.

(7)

Work hours for urban gas well permit.

Site development, other than drilling, shall be conducted only between 6:00 a.m. and 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends 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 hours of 6:00 a.m. to 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends 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.

(8)

All other provisions outlined in this chapter shall be required.

(Ordinance 8580, § 1, adopted 12/1/2005; Ordinance 8591, § 1, adopted 1/12/2006)

§ 64-8 Issuance of gas well permits.

(a)

It is the responsibility of the gas inspector to review and make recommendation on all applications for gas well drilling permits based on the criteria established by this article. The gas inspector, within thirty (30) days after the filing of a completed application and remittance of all fees, insurance, and security per the requirements of this article for a gas well permit, shall determine whether or not the application complies in all respects with the provisions of this article and determine if the proposed well to be drilled or the facility to be installed is in compliance with the distance requirements for the requested gas well permit on the date the completed application is received by the gas inspector.

(b)

The provisions of this chapter shall apply to any dwellings or buildings for which an application for a building permit has been submitted on the date the application for a gas well permit is filed with the gas inspector.

(c)

If all the requirements of this article are met and the city council approves, the gas inspector shall issue a gas well permit for the drilling of the well or the installation of the facilities applied for.

(d)

If the gas inspector determines that all of the provisions of this article have been complied with by the operator but that the proposed drill site does not comply with the distance requirements of this article under the requested urban gas well permit, the gas inspector shall notify the operator. The operator may revise the permit to comply with an urban gas well permit or the gas inspector shall notify the city manager and the city manager shall place the request for a gas well permit under this article on the city council agenda for public hearing within the next forty-five (45) days.

(e)

All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.

(f)

Following the public hearing, the city council may grant such gas well permit upon such terms and conditions as it determines to be necessary to protect the public health and safety. The city council may require changes in the operations, plan, design, layout, fencing, screening, lighting, or other matters reasonably required in the interest of the public.

(g)

In making its decision, the city council shall have the power and authority to refuse any gas well permit to drill any well at any particular location within the city, when by reason of such particular location and other characteristics, the drilling of such wells at such particular location would be injurious to the health, safety, or welfare of the inhabitants in the immediate area of the city.

(h)

If the operator elects not to accept the gas well permit under the terms and conditions imposed by the city council and wishes to withdraw his application, the operator must notify the gas inspector in writing of his decision.

(Ordinance 8580, § 1, adopted 12/1/2005; Ordinance 8591, § 1, adopted 1/12/2006)

§ 64-9 Amended gas well permits.

(a)

An operator may submit an application to the gas inspector to amend an existing gas well permit to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing gas well permit, or to otherwise amend the existing gas well permit.

(b)

Applications for amended gas well permits shall be in writing, shall be signed by the operator, and shall include the following:

(1)

The application fee as set by city ordinance;

(2)

A description of the proposed amendments;

(3)

Any changes to the information submitted with the application for the existing gas well 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 gas well permit; and

(5)

Such additional information as is reasonably required by the gas inspector to prevent imminent destruction of property or injury to persons.

(c)

All applications for amended gas well permits shall be filed with the gas inspector for review. Incomplete applications may be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies; however, the city shall retain the application fee. The city may return any application as incomplete if there is a dispute pending before the 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 gas well permit, and if the proposed activities are in conformance with the applicable gas well permit, then the gas inspector shall approve the amendment within thirty (30) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the gas inspector, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing gas well permit or that was not otherwise taken into consideration by the existing gas well permit, the gas inspector may require the amendment to be processed as a new gas well permit application.

(e)

The failure of the gas inspector to review and issue an amended gas well permit within the time limits specified above shall not cause the application for the amended gas well permit to be deemed approved.

(f)

The decision of the gas inspector to deny an amendment to a gas well permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the city council.

(Ordinance 8580, § 1, adopted 12/1/2005; Ordinance 8591, § 1, adopted 1/12/2006)

§ 64-10 Suspension or revocation of gas well permit; effect.

(a)

If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a gas well permit (including any requirement incorporated by reference as part of the gas well permit), the gas inspector shall give written notice to the operator specifying the nature of the failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the failure presents a risk of imminent destruction of property or injury to persons, unless there is a failure to immediately clean contamination, or unless the failure involves the operator's failure to provide periodic reports as required by this article.

(b)

If the operator fails to correct the noncompliance within thirty (30) days from the date of the notice, or within the reasonable time specified by the gas inspector to prevent imminent destruction of property or injury to persons, clean contamination or failure to provide periodic reports, the gas inspector may suspend or revoke the gas well permit pursuant to the provisions of this chapter.

(c)

No person shall carry on any operations performed under the terms of the gas well permit issued under this article during any period of any gas well permit suspension or revocation or pending a review of the decision or order of the city in suspending or revoking the gas well permit. Nothing contained herein shall be construed to prevent the necessary, diligent, and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the gas well permit was ordered for the safety of persons or as required by the commission.

(d)

If the operator does not cure the noncompliance within the time specified in this chapter, the gas inspector, upon written notice to the operator, may notify the commission and request that the commission take any appropriate action.

(e)

Operator may, within thirty (30) days of the date of the decision of the gas inspector in writing to suspend or revoke a gas well permit, file an appeal to the city council under the provisions outlined in this article pursuant to section 64-17, "Appeals" of this chapter.

(f)

If an application for a gas well permit is denied by the gas inspector, nothing herein contained shall prevent a new permit application from being submitted to the gas inspector for the same well.

(Ordinance 8580, § 1, adopted 12/1/2005; Ordinance 8591, § 1, adopted 1/12/2006)

§ 64-11 Periodic reports.

(a)

The operator shall notify the gas inspector of any changes to the following information within one (1) business week after the change occurs:

(1)

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

(2)

The name, address, and phone number of the person designated to receive notices from the city (which person must be a resident of Texas 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 the gas inspector of any change to the name, address, and twenty-four-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 within thirty (30) days after the operator has notice of the existence of such reports or complaints.

(d)

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

(Ordinance 8580, § 1, adopted 12/1/2005; Ordinance 8591, § 1, adopted 1/12/2006)