The gas inspector shall have the authority to enter and inspect any premises covered by the provisions of this chapter to determine compliance with the provisions of this chapter 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 chapter. 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 chapter 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 chapter. The gas inspector shall insure the drilling site meets all site plan conditions as approved in the drilling permit. The gas inspector shall have the authority to approve minor changes to the site plan in order to facilitate conditions conducive to operations as long as they do not conflict with chapter 104 or any gas board of appeals approvals or stipulations. Any major change shall require an amended permit submittal and approval.
(Ordinance 2945, § 2, adopted 7/23/2007)
Every operator of any well shall designate an agent, who is a resident of the State of Texas, upon whom all orders and notices provided in this chapter may be served in person or by registered or certified mail. Every operator designating such agent shall within ten days notify the planning and development 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 chapter.
(Ordinance 2945, § 2, adopted 7/23/2007)
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 gas inspector 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, email 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 seismic survey.
(3) 
Date and time the seismic survey will be conducted.
(4) 
Detailed explanation of the seismic survey method to be used on 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 within the City of North Richland Hills shall be $2,500.00, 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 2945, § 2, adopted 7/23/2007; Ordinance 2993, § 1, adopted 5/13/2008)
(a) 
A person wanting to engage in and/or operate in gas production activities shall apply for and obtain a gas well permit under this chapter 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, re-working, 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 chapter. Such activities include, but are not limited to, re-working, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing.
(b) 
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 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) 
An existing gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new well permit in accordance with the provisions of this chapter 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-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. An amended gas well permit shall be obtained before such well may be modified 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 re-work 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 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 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 48 hours in advance of the fracturing activities. The sign shall comply with the requirements of section 104-13, "On Site and Technical Regulations," [z] Signs (1).
(f) 
Wire line logging permit approval: ten days prior to this event a permit application shall be completed at the office of the gas inspector. Once application and permit is approved the operator shall notify the gas inspector no later than 72 hours prior to commencement of the event. A plan should be submitted for transportation route of the explosives which shall be the Primary A route as specified in the drilling permit. An on-site inspection will take place once items have been delivered and prior to use. Proper signage shall be posted for this procedure.
(g) 
Perforating permit approval: Ten days prior to the event a permit application shall be completed at the office of the gas inspector. Once application and permit is approved the operator shall notify the office of the gas inspector. A plan should be submitted for transportation route of the explosives which shall be the Primary A route as specified in the drilling permit. An on-site inspection will take place once items have been delivered and prior to use. Proper signage shall be posted for this procedure.
(h) 
No gas well permit shall be issued for any improvements on gas well sites or separate compressor sites along a pipeline that include compressors without approval from the gas board of appeals.
(i) 
Well setbacks for gas well permits.
(1) 
It shall be unlawful to drill, re-drill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located:
a. 
Within 600 feet from any playgrounds, competition athletic fields, swimming pools, water slides and playgrounds, concession stands, pavilions or picnic areas within a public park unless prior consent is obtained from the city council to drill in a public park;
b. 
Within 600 feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued on the date of the application for a gas well permit is filed with the planning and development department;
c. 
Within 150 feet of any public street, road, highway, or right-of-way line.
d. 
Within 100 feet of any existing potable water well.
e. 
Within 150 feet of any property line.
f. 
Within 150 feet from a railroad right-of-way.
g. 
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 items a through f, above. The above calculations shall be prepared by a registered professional land surveyor.
(2) 
Wall or other screening around the final production gas well site containing tank batteries and separators shall be located at least 150 feet from any public playground, competition athletic field, picnic area within a public park, unless prior consent is obtained from the city council to drill in a public park; or from any residence, religious institution, public building, hospital building or school, 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 of the application for a gas well permit is filed. The distance shall be calculated from the closest point of the wall or other screening around the final production gas well site, 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 schools, or any other building used or designed and intended to be used for human occupancy.
(3) 
The distances set out in subsection (f)(1) and (2) above may be reduced at the discretion of the gas board of appeals pursuant to section 104-18, "Appeals," of this chapter, but never less than 300 feet except as provided by (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 150 feet 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 gas board of appeals pursuant to section 104-18. Said written consent is required from all residences occupied by persons within 300 feet of a proposed well bore prior to an application for a well permit being processed by city staff. Wells may be re-drilled, deepened, re-entered, activated or converted if no closer than 150 feet from any residence constructed after the well was originally drilled without such consent.
(j) 
A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the issuance of the permit. A well permit may be extended for an additional 90 days under the following two conditions; 1) upon written request by the gas well operator, and 2) proof that the permit for which an extension is sought could be issued on the date of such extension under the regulations and conditions then existing.
(k) 
Permits required by this chapter 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.
(l) 
Gas wells proposed in the floodplain shall comply with the requirements for development in the City Code, chapter 102: "Floods and Stormwater Management" and the requirements in the public works design manual. Gas well development that will result in any changes to either the FEMA Flood Insurance Rate Maps (FIRM) or the corresponding hydraulic model will require the operator to obtain a FEMA Letter of Map Revision (LOMR).
(m) 
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 public works design manual.
(n) 
By acceptance of any permit issued pursuant to this chapter, 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 permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such permit.
(o) 
Prior to the issuance of any permit, the operator must provide a recordable instrument, in the form of a restrictive covenant, executed by the owner of the affected property for the benefit of the city, prohibiting the construction of residences, religious institutions, retail or commercial buildings within 150 feet from the outside wall or other screening around the final production gas well site. The foregoing requirement shall not apply to those sites where: (1) one or more gas drilling permits were granted on or before July 26, 2010, or (2) the owner of the affected property is a public institution that has provided a resolution committing not to construct any building within 150 feet of any outside wall or other screening around the final production gas well site.
(p) 
Prior to the issuance of any permit, the operator shall record a "gas well vicinity notice" in the Tarrant County real property records giving notice of the location of such proposed well and the description by lot, block and subdivision each undeveloped platted lot within 600 feet of such well or, if there is undeveloped land within such distance which is not within a recorded subdivision, the name of each survey within 600 feet of such well location. Such notice shall be in the form established by city staff.
(Ordinance 2945, § 2, adopted 7/23/2007; Ordinance 2953, § 1, adopted 9/24/2007; Ordinance 2965, § 1, adopted 11/12/2007; Ordinance 3031, § 1, adopted 12/22/2008; Ordinance 3057, § 1, adopted 7/13/2009; Ordinance 3099, § 1, adopted 7/26/2010)
(a) 
Every application for a gas well permit issued pursuant to this chapter shall be in writing signed by the operator, or some person duly authorized to sign on his behalf, and filed with the planning and development department.
(b) 
Every application shall be accompanied by a permit fee of $10,000.00. 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 physical address of 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 a 24 hour telephone number.
(10) 
Location and description of all improvements and structures within 800 feet 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, 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.
h. 
The location, materials and dimensions of screening improvements as required by section 104-14, Screening (a)(1).
i. 
A separate plan sheet showing the location, materials and dimensions of all screening improvements as required by section 104-14, "Screening," (a)(2).
j. 
Sanitary waste disposal locations with screening and any sanitary waste disposal operations onsite.
k. 
Adjacent property lines, streets, 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 inch x 36 inch 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 gas well site location.
v. 
Vicinity location map at one inch = 2,000 feet.
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 public works design 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.
(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 (SWPP) as required by the commission, the Texas 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 days prior to the commencement of any onsite activity.
(17) 
A copy of the determination by the TCEQ of the depth of usable quality ground water.
(18) 
Evidence of insurance and security requirements under this chapter.
(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 tree preservation plan that conforms to the city's ordinance.
(22) 
A copy of a hazardous materials management plan and additionally, all material safety data sheets (MSDSs) 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. This document shall be divided in to drilling and production with table of contents and individually tabbed chemicals.
(c) 
Building permit required.
(1) 
No building or structure regulated by the current code 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 development 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 code 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 development department and shall become null and void on December 31 of each year. An appropriate fee for registration shall be assessed in accordance with the city fee schedule.
(d) 
Annual permit required.
Operator shall be responsible for applying for an annual permit by October 1 of each year. New gas well sites annual fees shall be prorated based on the issuance of the initial gas well permit. The annual permit fee shall be $8,000.00 per pad site.
(Ordinance 2945, § 2, adopted 7/23/2007; Ordinance 3239, § 1, adopted 4/22/2013)
(a) 
All gas well permits will be filed through the planning and development department. The planning and development department will then convene a meeting of the development review committee (DRC).
(b) 
It is the responsibility of the DRC to review and approve or disapprove all applications for gas well drilling permits based on the criteria established by this chapter.
(c) 
The DRC, within 45 days after the filing of a completed application and remittance of all fees, insurance, and security per the requirements of this chapter for a gas well permit, shall determine whether the permit application shall be approved or denied. Upon approval, the gas inspector shall sign the permit.
(d) 
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 planning and development 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 chapter.
(2) 
If all the requirements of this chapter are met, the DRC shall issue an approval letter for the drilling of the well or the installation of the facilities for which the permit application was made.
(3) 
If the DRC denies a permit application for cause as set out in this chapter for the requested gas well permit, the DRC shall notify the operator in writing of such denial stating the reasons for the denial. Within 45 days of the date of the written decision of the DRC to deny the permit, the operator may cure those conditions that caused the denial and resubmit the application to the planning and development department for approval and issuance of the permit. Additionally, the operator may file an appeal to the gas board of appeals under the provisions outlined in this chapter pursuant to section 104-18 of this chapter.
(4) 
The failure of the DRC 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 DRC to act within the time limit shall be deemed a disapproval. The operator may file an appeal to the gas board of appeals under the provisions outlined in this chapter pursuant to section 104-18 of this chapter.
(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 development department for the same well.
(f) 
Forfeiture of applications fees.
The applicant shall forfeit all fees paid and be responsible for making a new application and paying new fees after 180 days from the initial permit approval if no rig-up has begun, or if the operator fails to correct any noncompliance as a result of a suspension or revocation of a gas well permit.
(Ordinance 2945, § 2, adopted 7/23/2007)
(a) 
An amended permit may be issued for, but not limited to, the following changes in drill and/or operational site activities:
(1) 
Re-drilling;
(2) 
Deepening beyond 150 feet 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:
(1) 
An application fee of $500.00;
(2) 
A description of the proposed amendments;
(3) 
Any changes to the information submitted with the application for 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 development department for review by the DRC. 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 DRC shall approve or disapprove the amendment within 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 DRC shall approve or disapprove the amendment within 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 DRC, 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 DRC may require the amendment to be processed as a new permit application.
(f) 
The failure of the DRC 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 DRC to deny an amendment to a permit shall be provided to the operator in writing within the time period indicated in (d) and (e) above, including an explanation of the basis for the decision. The operator may appeal any such denial to the gas board of appeals, if such an appeal is filed within ten days after such denial, as provided by section 104-18 of this chapter.
(Ordinance 2945, § 2, adopted 7/23/2007)
(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 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 chapter.
(b) 
If the operator fails to correct the noncompliance, the city may suspend or revoke the permit pursuant to the provisions of this chapter.
(c) 
No person shall carry on any operations performed under the terms of the permit issued under this chapter 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 chapter, the city, upon written notice to the operator, may notify the commission and request that the commission take any appropriate action.
(e) 
An operator may, within ten days of the date of the decision of the city in writing to suspend or revoke a permit, file an appeal to the gas board of appeals under the provisions outlined in this chapter pursuant to section 104-18 of this chapter.
(Ordinance 2945, § 2, adopted 7/23/2007)
(a) 
The operator shall notify the gas inspector of any changes to the following information within ten 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 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 in writing the gas inspector and the planning and development of any change to the name, address, and 24 hour phone number of the person(s) with supervisory authority over drilling or operations activities within one 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 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 and the planning and development 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 2945, § 2, adopted 7/23/2007)
(a) 
General requirements.
The operator shall be required to:
(1) 
Comply with the terms and conditions of this chapter and the permit issued hereunder.
(2) 
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 North Richland Hills, 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 North Richland Hills, 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 North Richland Hills, 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 North Richland Hills, 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 North Richland Hills 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 North Richland Hills 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 NORTH RICHLAND HILLS, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF NORTH RICHLAND HILLS, 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) 
Promptly pay all fines, penalties and other assessments imposed due to breach of any terms of the permit.
(5) 
Promptly restore to its former condition any public property damaged by the gas operation.
(b) 
Bond, 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) 
Bond.
A bond shall be executed by a reliable bonding or insurance institution authorized to do business in Texas, 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 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 chapter and the city. The original bond shall be submitted to the planning and development department with a copy of the same provided to the city secretary. City, as obligee, and shall be conditioned that the operator will comply with the terms and regulations of this chapter and the city.
(2) 
Letter of credit.
A letter of credit shall be issued by a reliable bank authorized to do business in Texas 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 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 chapter. 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 secretary.
(3) 
The principal amount of any security instrument shall be $50,000.00 for any single well. If, after completion of a well, the applicant/operator, who initially posted a $50,000.00 bond, has complied with all of the provisions of this chapter 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 $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 $50,000.00. If at any time after no less than a 15-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 $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 chapter, 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 125 percent 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 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 chapter. 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 chapter.
(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 chapter, 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 chapter, the operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in Texas. 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, 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 workers 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 North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, Texas 76180, evidencing all the required coverage's, 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 30-day notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment 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 $1,000,000.00 per occurrence location for bodily injury and property damage.
(3) 
Excess or umbrella liability.
Five million dollars excess, if the operator has a stand-alone environmental pollution liability (EPL) policy. Ten million dollars 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.
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 $1,000,000.00 per loss, with an annual aggregate of at least $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, re-drilling 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 per occurrence/no aggregate, if available, otherwise an aggregate of $10,000,000.00. Five hundred thousand dollars sub-limit endorsement may be added for damage to property for which the operator has care, custody and control.
(6) 
Workers compensation and employers liability insurance.
Workers compensation benefits shall be Texas statutory limits. Employers' liability shall be a minimum of $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 $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 of Texas, 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 Texas State Board 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 NON-RENEWED WITHOUT THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE WRITTEN NOTICE IS REQUIRED." Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance.
(9) 
Notice.
The individual designated to receive notice shall be a resident of Texas upon whom all orders and notices provided in this chapter may be served in person or by registered or certified mail. Every operator shall within ten 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.
(10) 
As an alternative to any or all of the required insurance policies, the operator may provide a letter of credit or other security satisfactory to the city's attorney in such amount, for such term and conditioned as he may require.
(Ordinance 2945, § 2, adopted 7/23/2007)
(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 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. Operator shall have all material safety data sheets (MSDSs) 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, chemical 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) 
Closed loop system.
A closed loop mud circulating system shall be the only approved and permitted system used in the drilling process. This system is self contained and has the ability to reuse certain products and is contained within the confines of the drilling pad site.
(e) 
Fracture stimulation.
The following requirements shall apply to all fracture stimulation (fracturing) operations performed on a well:
(1) 
At least 48 hours before operations are commenced, the operator shall post a sign, which complies with subsection [z] signs (1) of this section, 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; and
(f) 
Compliance.
Operator shall comply at all times with all applicable federal, state and city requirements.
(g) 
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.
(h) 
Drilling fluids.
Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids.
(i) 
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.
(j) 
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 potential leak, discharge, or spill hazardous liquids, semi-liquids, or solid waste materials.
(k) 
Dust, vibration, 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.
(l) 
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.
(m) 
Electric motors.
Only electric prime movers or motors shall be permitted for the purpose of pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city's ordinances and the appropriate national codes.
(n) 
Emergency response plan.
Prior to the commencement of any gas or other hydrocarbons production activities, operator shall submit to the gas inspector 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, TCEQ, Texas Department of Transportation and/or the USEPA. The emergency response plan shall be kept current with any additions, modifications, and/or amendments concerning all construction-related activities, natural gas operations and, and/or natural gas production. Updated plans shall be submitted to the gas inspector within two business days. A copy of the emergency response plan shall be kept on site.
(o) 
Explosive charges.
Under no circumstances shall explosives of any type be used during any phase of drilling, re-drilling, deepening, re-entering, activating, converting, fracturing, or completing a gas well without the prior consent of the gas inspector. The operator shall provide notice to the gas inspector at least ten 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. A permit shall be issued from the gas inspector for all use of explosives.
(p) 
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 shut off valve to the well distribution line.
(q) 
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 300 feet 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.
(r) 
Grass, weeds, trash.
All drill and operation sites shall be kept clear of high grass, weeds, and combustible trash.
(s) 
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 600 feet.
(t) 
Muffling exhaust.
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 noxious gases, fumes or ignited carbon or soot. All formation fracturing operations shall be conducted between 7:00 a.m. and 7:00 p.m. Monday through Saturday.
(u) 
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.
(v) 
Pipe dope.
Lead-free, biodegradable pipe dope shall be substituted for API specified pipe dope.
(w) 
Pits.
No open pit shall be used except for freshwater storage. One foot of freeboard shall be required between the surface elevation and the top of the berm.
(x) 
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 20 feet wide, have an overhead clearance of 14 feet. All private roads on drill sites during the drilling and fracturing stages of a drill site shall be an allweather hard surface and maintained to prevent dust, mud and rutting. A permanent private access roadway constructed of concrete in accordance with the public works design manual and approved by the public works department shall be constructed within 90 days after the production phase begins on all active drilling permits for each drill site.
(y) 
Salt water wells.
No salt water disposal wells shall be located within the city.
(z) 
Signs.
(1) 
A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing erected pursuant to this chapter. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the commission, shall have a surface area of not less than 16 square feet with contrasting lettering not less than four inches tall and shall be lettered with the following:
a. 
Well name and number;
b. 
Name of operator;
c. 
The emergency 911 number; and
d. 
Twenty-four hour telephone numbers of two persons responsible for the well who may be contacted in case of emergency.
(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 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, well and lease designations required by the commission.
(aa) 
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, right-of-way or in any driveway, 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.
(bb) 
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 in height and one and one-half times the contents of the largest tank in accordance with the fire code, and buried at least one foot 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. Meters, storage tanks, separation facilities, or other above ground facilities proposed in the floodplain shall comply with the requirements for development in the City Code, chapter 102: "Floods and Stormwater Management" and the requirements in the Public Works Design Manual.
(cc) 
Tank battery facilities.
Tank battery facilities shall be equipped with a lightning arrestor system.
(dd) 
Surface casing.
Surface casing shall be run and set in full compliance with the applicable rules and regulations of the commission.
(ee) 
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 shut-off the valve in an emergency.
(ff) 
Waste disposal.
Unless otherwise directed by the commission, all tanks used for storage shall conform to the following: 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 form or connected with the drilling, re-working or deepening of any well shall be discharged into an above-ground self-contained tank, or, after authorization by the gas board of appeals, 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 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 chapter and any other applicable ordinance of the city.
(gg) 
Watchperson.
The operator must keep a watchman or security personnel on site during the drilling or re-working of a well when other workmen are not on the premises.
(hh) 
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. 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, operate and maintain such lines out of pipe and related facilities in accordance with applicable federal law and regulations of the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration ("PHMSA Regulations") or, to the extent that federal law and PHMSA Regulations do not apply, in accordance with the City Codes and regulations.
(4) 
After completion of initial pipeline construction, grade, level and restore such property to the initial construction of the pipeline. With respect to any subsequent operation involving the pipeline, the operator shall grade, level and restore such property to the same surface condition, as nearly as practicable, as existed immediately prior to such subsequent operation.
(ii) 
Public streets.
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.
(jj) 
Vehicle routes for gas well permits.
Vehicles associated with drilling and/or production in excess of three 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.
(kk) 
Work hours for gas well operations.
No activity other than drilling, 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. It is understood, however that preparation activities prior to fracturing operations including assembly, perforating, disassembly and cleanup are allowed other than designated hours with approval from the gas inspector. The operator may also request an exception from the gas board of appeals, pursuant to section 104-18 of this chapter.
(ll) 
Noise restrictions for gas well permits.
(1) 
During drilling, re-drilling or re-working, no on-site activity shall produce a sound level greater than 78 dB(a) when measured at a distance of 300 feet from the drilling equipment in question.
(2) 
During fracturing, no on-site activity shall produce a sound level greater than 85 dB(a) when measured at a distance of 300 feet from the drilling equipment in question.
(3) 
During production, no on-site activity shall produce a sound level greater than 65 dB(a) when measured at a distance of 300 feet from any onsite 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.
(mm) 
Tank specifications for gas well permit.
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 12 feet above the terrain surrounding the tanks.
(Ordinance 2945, § 2, adopted 7/23/2007)
(a) 
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).
Once the pad site has been prepared a temporary chain link fence with wooden slats at least six feet in height shall be established around the entire operation site to obscure view of the gas drilling activities. The temporary fence shall remain standing and in a serviceable condition throughout this phase. 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.
Within 90 days of completion of initial drilling of any well on a drilling site a masonry wall with landscaping shall be required to enclose and visually screen the well and all associated equipment. Partial screening of the drilling site shall not be allowed without approval from the gas board of appeals. 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; and
b. 
Masonry walls shall be at least eight feet 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, playground, competition athletic field or picnic area within a public park, existing residences and residentially zoned undeveloped property contiguous to the well site where practicable as determined by the DRC. However, the above mentioned berms shall not be required unless needed to augment the height of an eight-foot 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 in height at planting, having the potential to grow to a mature height of at least eight feet, be planted on four-foot centers and must have an irrigation system that provides total water coverage to all plant materials. Screening trees shall be planted on 20-foot centers. Trees must be a minimum of three-inch caliper at time of planting and be irrigated as above. All screening shrubs and trees will comply with the evergreen species listed within the general plant list as part of the city's landscape regulations. Plans for landscape and irrigation shall be submitted to the planning and development department for approval.
(b) 
Gate specifications.
All temporary fences and masonry walls shall be equipped with at least one gate. The gate shall meet the following specifications:
(1) 
Each gate shall be not less than 12 feet wide and be composed of two gates, each of which is not less than six feet wide, or one sliding gate not less than 12 feet wide. If two 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;
(4) 
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; and
(5) 
At each gate there needs to be a sign that reads "no trespassing".
(Ordinance 2945, § 2, adopted 7/23/2007)
(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 60 days.
(b) 
Clean-up 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. Clean-up operations must begin immediately. If the owner fails to begin site clean-up within 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 development department.
(d) 
Blowouts.
In the event of the loss of control of any well, operator shall immediately take all reasonable steps to regain control regardless of any other provision of this chapter 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. If the city manager, 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 2945, § 2, adopted 7/23/2007)
(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 chapter.
(b) 
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, operator shall comply with all applicable sections in this chapter.
(c) 
Abandoned well requirement.
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) 
The operator can only abandon a well if the gas inspector has reviewed and approved the abandonment and all appropriate commission requirements have been met.
(Ordinance 2945, § 2, adopted 7/23/2007)
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 chapter, 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 chapter. 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 2945, § 2, adopted 7/23/2007)