[Code 1974 § 5-100; Code 1985 § 18-21; Code 2005 § 66-71]
It shall be an offense for any person to drill, operate, maintain or abandon any oil and/or gas wells or disposal wells within the city, or to work upon or assist in any way in such work, unless a permit for such work is authorized by the board of commissioners.
[Code 1974 §§ 5-101, 5-102; Code 1985 § 18-22; Code 2005 § 66-72; Ord. 10-06-15-04, 10-06-2015]
A. 
A permit shall be issued pursuant to this article only to the owners of the oil and gas leasehold interest and every applicant for such permit shall, at least 30 days prior to the proposed commencement of such work, file a written application addressed to the board of commissioners for such permit and such written application shall contain the following information:
(1) 
The name and address of each owner of an interest in the oil and gas lease under which such well is to be drilled or work is to be done.
(2) 
The name and address of the person in charge of the operation and maintenance of such well.
(3) 
The name and address of the person in charge of the work to be done under such permit.
(4) 
The exact location of such proposed well.
(5) 
If such proposed well is to be drilled and operated under a written pooling agreement of several leasehold estates, such area to be pooled shall be set forth and described.
(6) 
A list of names and last-known mailing addresses of all surface owners located within 300 feet of the boundaries of the well site. Such list to be attached to the application as Exhibit “A” and signed by an attorney at law on behalf of the applicant.
(7) 
That the owners of the leasehold interest and persons in charge of the drilling, operation, maintenance and work of such proposed well are familiar with the ordinances of the city and will abide by the provisions thereof.
(8) 
A statement describing all pollution prevention equipment to be utilized.
(9) 
Location of all mud pits along with a statement that all mud pits will be metal and portable.
B. 
The applicant shall attach to his application exhibits reflecting the following:
(1) 
Exhibit "A." A list of names and last-known addresses of all surfaces owners located within 300 feet of the boundaries of the well site, signed by an attorney at law.
(2) 
Exhibit "B". A plat with detailed, scaled dimensions of the proposed well location, lot and property lines reflecting structures within 300 feet of such well site, with notation or reference thereon to the surface owner of all such property as reflected by Exhibit "A."
(3) 
Exhibit "C". A dimensioned drawing of the proposed well site reflecting proposed well location of drilling, rig, motors, tanks and other principal equipment to be used in the drilling, maintenance and operation and other work of such well with reference being made to the property lines and structures (nature of structures being noted) located within 100 feet of such well site.
[Code 1974 § 5-103; Code 1985 § 18-23; Code 2005 § 66-73]
A. 
Every applicant at the time of filing his application for a permit required by this article shall also submit a bond in favor of the city in the amount of $50,000. The bond shall be executed by the applicant and a corporate surety authorized to do business within the state and conditioned that the applicant shall:
(1) 
Pay the city, and discharge any liability imposed by law upon it, on account of injury to property, private or public, or person, including death, received or suffered by the city or any other person resulting directly or indirectly and however remote from the drilling, operation, maintenance, abandonment or any other work relating to the well.
(2) 
Defend the city, and hold it free and harmless of all judgments, fees and expenses incident thereto, from all claims and causes of action arising out of the granting of such permit and the drilling, operation, maintenance and abandonment of the well.
(3) 
Pay to any resident or property owner of the city any increase in insurance premium occasioned by the drilling, maintaining, operating or abandoning of the well.
(4) 
Pay all fees and sums due the city under this article and comply and abide by the ordinances of the city and laws of the state, and should fail to do so, applicant to pay all costs and expenses incident for a determination by trust or otherwise, whether such failure to comply with such ordinances and laws has resulted in any damage to the city or others, and if so, pay the expense and costs of correcting such condition created by such failure and all damages resulting therefrom.
B. 
The board of commissioners may increase or reduce the amount of such bond required at or after the issuance of such permit.
C. 
In case any bond required in this section shall lapse or become void for any reason whatsoever, the permit issued under the terms of this article shall immediately become inoperative and void until a new bond shall be provided and filed with the city clerk or the existing bond reinstated in full force, and such well shall be shutdown and all operations and production thereof suspended and discontinued until the filing of such new bond or reinstatement of such existing bond.
D. 
In lieu of the bond required in subsection A of this section, the board of commissioners may accept an irrevocable letter of credit containing such terms as may be prescribed by the city for the benefit of city issued by a financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation in lieu of such bonding requirement.
[Code 1974 § 5-104; Code 1985 § 18-24; Code 2005 § 66-74]
Each applicant for the permit required by this article shall submit with his written application a copy of a policy of insurance in the amount of at least $500,000 insuring the applicant and the city against all claims or causes of action made against either or both the applicant and city for damages to persons or property arising out of the drilling, maintenance, operation, production and other work done with respect to the proposed oil and gas well.
[Code 1974 § 5-105; Code 1985 § 18-25; Code 2005 § 66-7; Ord. 10-06-15-04, 10-06-2015]
A. 
Upon the filing of an application, the board of commissioners shall cause notice of such application to be published in two consecutive weekly issues of a weekly newspaper having a general circulation within the city. The notice shall state the name of the applicant, the proposed location of such well, and the date and place of the hearing of the board of commissioners at which time and place the application shall be considered. Such notice shall also be mailed by the City to all property owners identified on Exhibit “A’ to the Application not less than 10 days prior to such hearing.
B. 
The hearing on the application shall be at least 10 days after the date of first publication of such notice. Upon hearing such application, the board of commissioners may authorize the city clerk to issue the permit for the drilling, operation and maintenance of such well.
C. 
Premises Maintenance. The premises upon which any oil, gas or disposal well is drilled, operated, or maintained shall be kept free of all accumulations of vegetation, rubbish, litter, unused equipment, or discarded materials, and other wastes in so far as the same may be reasonably done in the conduct of operations covered by this article.
D. 
Premises Restoration. All lands upon which a drilling operation is or has been operated shall, within a six month time period following cessation of operations, be returned, as nearly as practicable, to the previous original topography and natural state unless the applicant has paid damages for removal for anything other than ground cover, in which case the applicant must, in lieu of returning the land to its natural state and topography, provide ground cover in the interest of abating erosion thereof.
[Code 1974 § 5-106; Code 1985 § 18-26; Code 2005 § 66-76]
Every applicant granted a permit pursuant to the provisions of this article shall, upon such permit being granted, pay a fee in the amount established by resolution to the city and an annual amount established by resolution, payable within 30 days after each anniversary date of the permit; provided, however, that the board of commissioners may reduce or increase such fee for any second or subsequent permit after the first annual permit.
[Code 1974 § 5-107; Code 1985 § 18-27; Code 2005 § 66-77; Ord. 10-06-15-04, 10-06-2015]
A. 
No new wellbore shall be located within 100 feet of any existing property lines, nor within 75 feet of any dedicated right of way for public street, highway or nearest rail or any operating railway rights of way.
B. 
No new wellbore shall be located within 300 feet of any existing residential dwelling unit or within 300 feet of any existing non-residential building, unless applicant has secured the written permission of the owner of such units or buildings. In no event, shall such wellbore be located within 100 feet of any such existing residential building unit or existing non-residential building.
C. 
No new wellbore shall be located within 660 feet of any existing public school or hospital building unless applicant has secured the written permission of the school district or hospital administrator. In no event, shall such wellbore be located within 300 feet of any existing public school or hospital building.
D. 
No new wellbore shall be located within 300 feet of building with an occupancy classification Assembly Group A, Educational Group E, or Institutional Group I as defined in the International Fire Code.
[Code 1974 § 5-116; Code 1985 § 18-28; Code 2005 § 66-7; Ord. 10-06-15-04, 10-06-2015]
A. 
In the addition to the conditions contained herein, the following additional conditions and requirements are adopted:
(1) 
Once a well is placed in production, operations which are placed upon the pump shall be powered by electricity.
(2) 
All permanent equipment shall be painted, where possible, and kept in a neat condition.
(3) 
All production operations shall be as free from noise as possible with modern operations.
(4) 
All power operations other than drilling and pulling units shall be only by means of electrical power, which shall not be generated from the drilling site.
(5) 
All completion and routine maintenance will be done during daylight hours unless in an emergency situation.
(6) 
No sign shall be constructed, erected, maintained, or placed on the premises or any part thereof, except those required by law or this Code to be displayed in connection with the drilling, maintenance or operation of the well.
(7) 
Applicant shall file with the City an emergency response plan, which shall set forth the appropriate emergency measures applicant intends to enact in the event of an event which threatens the health, safety or welfare of the public or environment.
(8) 
All oil and gas operations shall be in compliance with the International Fire Code, as adopted by the City pursuant to § 10-9 of the Cushing City Code with particular emphasis on Chapter 34, Flammable and Combustible Liquids.