[Adopted 12-1-1977 by Ord. No. 2301; amended in its entirety 3-4-2008 by Ord. No. 6002]
No substantial property right accrued or action
or proceeding commenced prior to the effective date of this article
shall be affected by the provisions hereof, but all provisions thereafter
taken shall, so far as possible, conform to the provisions of this
article.
A.
The City Manager shall appoint an inspector to enforce
the provisions of this article.
B.
The inspector shall have authority to review documents,
inspect equipment and sites, issue permits and licensing, and authorize
his designees to perform the same.
C.
The inspector shall have authority to enter and inspect
any premises covered by the provisions of this chapter to determine
compliance with all applicable laws, rules, regulations, standards
or directives of the City and the State of Oklahoma. Failure of any
person to allow access to the inspector shall constitute a violation
of this article.
D.
The inspector shall have the authority to request
and receive any records, logs, reports and the like relating to the
status or condition of any well or project or the appurtenances thereof
within the City. This material shall remain confidential unless necessary
as evidence of the violation of any of the provisions of this article.
Failure of any person to provide any such requested material shall
be deemed a violation of this article.
E.
In the case of a well being drilled pursuant to a
variance granted by the Board of Adjustment of the City, the inspector
shall be bound by any conditions placed upon the grant of the variance
by the Board of Adjustment and shall have no authority to vary such
conditions. In the case of an enhanced recovery or disposal well being
allowed pursuant to a special exception granted by the Board of Adjustment,
the inspector shall be bound by any conditions placed upon the special
exception and shall have no authority to vary such conditions.
[Amended 6-12-2018 by Ord. No. 9147]
A.
Application:
(1)
Completed permit application form.
(2)
Site plan thoroughly detailing all areas within 1,000 feet of the
wellhead, showing radii at distances of 500 feet and 1,000 feet from
the wellhead. Distances shall be shown to each fresh water well, and
to each of the following protected land uses: religious institutions,
public buildings, hospital buildings, schools, residentially zoned
properties, and residential dwellings.
(3)
The measurement of 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 well or protected land use.
(4)
A truck route map that clearly defines the proposed driving directions
for vehicular entrance and departure from the site. The map shall
display the entire route to and from the nearest location on a City
of El Reno truck route, as defined by the Council by resolution, or
to the corporate limit of the City of El Reno, if not entering the
City on an approved truck route. The route proposed should be the
most direct path to a City of El Reno truck route. A less direct path
to a City of El Reno truck route may be proposed, based on the following
factors:
(5)
Name of representative with supervisory authority over all gas operation
site activities and a twenty-four-hour phone number.
(6)
A signed road maintenance agreement supplied by the City that provides
that the operator shall repair, at his own expense, any City of El
Reno 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.
(7)
Plan review fees as established by Council through resolution.
(8)
Proof of liability insurance in an amount acceptable to the City
Attorney.
B.
Issuance.
(1)
The inspector shall review applications and plans for conformity
to the City Code.
(2)
Permits shall be issued where it appears all criteria are met.
(3)
Proof of compliance with the blanket bond or irrevocable letter of
credit requirements of this article must be presented prior to the
issuance of a permit.
C.
Permits shall be valid for up to one year from the date they are
issued.
The term "special drilling/conversiEditor's
Note: on permit," as used herein, shall mean a written permit allowing
the holder thereof to drill an enhanced recovery, saltwater, or deleterious
substance well within the City and in conformity with the provisions
of this article or to convert an existing oil and gas well for such
purpose. Permit applications shall be filed with the inspector.
A.
No person shall convert any well from natural or primary
production to a use for enhanced recovery or disposal of saltwater
or deleterious substances before obtaining a permit for such activity.
B.
No person shall reenter any abandoned well or drill
an original well to be used for enhanced recovery or disposal of saltwater
or deleterious substances without first obtaining a permit therefor.
C.
Application for permit and permit fee for enhanced
recovery and disposal well.
(1)
Every application for a permit as required by § 270-6 of this chapter shall be in the same form as that required for a permit to drill an original well. All such applications shall be filed with the inspector, and all such applications shall be accompanied by a nonrefundable application fee in the amount established by City Council through resolution. The permittee shall pay an additional nonrefundable annual licensing fee as described in § 270-8. The applicant shall submit two copies of all documents required by the inspector, including the following:
(a)
A block map of the well site, showing all equipment
to be used thereat, location of pipelines, access road, and distances
from the well to any and all fences, public roadways, and buildings
within a radius of 500 feet.
(b)
A block map of the project, showing the location
of all water supply, disposal, injection and producing wells; all
pipelines; tank batteries, pumping station and appurtenant equipment;
all wells in the project area and those located within one mile of
a proposed enhanced recovery or disposal well, including producing,
abandoned, disposal, and public or private freshwater supply wells.
(c)
Evidence that all freshwater zones within the
project area and within one mile of a proposed enhanced recovery or
disposal well will be adequately protected.
(d)
All wells within the project area and within
one mile of a proposed enhanced recovery or disposal well shall be
indicated by status (i.e., plugged and abandoned, injection, saltwater,
etc.) and show the following additional information:
[1]
Footage location (surface casing).
[2]
Derrick floor and ground level elevation.
[3]
Drilled total depth.
[4]
Plugged back total depth.
[5]
Size, depth and quality of surface and production
casing, including zones from which casing has been removed.
[6]
Location of all plugs, packers, cement plugs,
tubing anchors, etc., with the well bore.
[7]
Depth and nature of all cement squeeze jobs.
[8]
Formation name and depth of all perforations
and open-hole completions.
[9]
Volume and type of cement used on surface and
production strings.
[10]
Top of cement.
[11]
One copy of all electric, mechanical, sample
and driller's log, if available.
[12]
Fee and operator name for each well.
[13]
One copy of all cement bond logs and temperature
surveys which show the top of the cement outside the production casing.
[14]
One copy of all work performed on the well.
[15]
Copies of all information supplied to the Oklahoma
Corporation Commission, and said Commission's approval of the project.
[16]
The detail of a pressure test of the tubing-casing
annulus as described herein. The pressure test shall be required prior
to the use of any such enhanced recovery or disposal well.
[17]
The applicant shall also submit a certified
copy of the order by the Board of Adjustment of the City or a certified
copy of the journal entry of judgment which grants such applicant
a special exception for such enhanced recovery or disposal well.
[18]
Proof of insurance coverage as fully described
in this chapter.
[19]
Proof of compliance with the blanket bond or
irrevocable letter of credit conforming to the requirements of this
chapter.
(2)
No application for a permit to drill or operate an
enhanced recovery or disposal well shall be considered to be a valid
and a complete application unless and until the applicant submits
the required application fee and all of the items, documents and/or
information required above.
Effective March 1, 2008, and each year thereafter,
on February 1, every owner or operator of a well or wells within the
City shall provide the inspector with the following information:
A.
A list of personnel to be contacted in case of an
emergency at the well site. This list shall contain all information
reasonably requested by the inspector, including but not limited to
the following:
B.
A list of all wells owned or operated within the City
by that owner or operator. This list shall include all wells, except
wells which have been plugged and abandoned in compliance with the
law. The list shall contain all information reasonably requested by
the inspector, including but not limited to the following:
[Amended 9-12-2023 by Ord. No. 9335]
A.
Operating oil and gas wells. A current annual license is required
for each operating oil and gas well, thereof being operated by any
individual, corporation, partnership, unincorporated association,
firm or any other entity within the El Reno City limits. Each well
requires a separate license.
(1)
Annual licensing fees shall be set by Council through resolution
and shall not be prorated. The cost of the first year's annual
license for each well is included in the initial plan review fee to
obtain the requisite drilling permit for the initial drilling of any
new well in the El Reno City limits.
(2)
Prior to issuing an annual license, the inspector must perform a
site visit at the location of each operating oil and gas well to verify
compliance with the following requirements:
(a)
The operator's name and contact information, lease name,
and legal description of the lease are available and clearly visible
at the entrance to the lease road and at the well site.
(b)
The driveway or entrance to the leased road, lease road, and
related appurtenances are in good condition in compliance with the
International Fire Code and can easily be traversed by the Fire Department
during inclement weather.
(c)
Tank batteries are free from leaks, rust and corrosion and are
appropriately marked.
(d)
Containment dikes are structurally sound and contiguous where
necessary.
(e)
No abandoned vehicles, discarded equipment, rubbish, trash or
other nuisances are present at the site.
(f)
Tall grass or weeds are not present that would constitute a
fire hazard.
(g)
All required fencing is maintained in good order.
(h)
There are no leaks, spills, contaminants, or other hazards present
that could be detrimental to public health, safety, welfare, or the
environment.
(3)
The inspector and/or Streets Department shall also inspect the approved
and other potentially used truck routes.
B.
Licenses are nontransferable and are valid for one calendar year
from the date of issuance.
C.
City of El Reno license number(s) must be legibly posted at the entrance
to the well site.
D.
When an operator sells, or otherwise transfers a licensed oil and
gas well, the new operator must apply for and receive a new annual
operating license for each well.
(1)
The new annual license will be issued upon verification the well
meets all requirements of this chapter, including, but not limited
to:
(2)
The bond for the operator who is selling or transferring a licensed
oil and gas well will only be released upon verification by the City
that all fees, fines, and other costs owed to the City, including
the cost to repair damaged roadways, have been paid in full.
Every person owning or operating any well and
the officers, agents and employees of such person shall begin removing
all derricks, machinery, concrete foundations and any and all other
objects that interfere with the leveling of the land within a period
of 60 days from the day of abandonment of the well and shall remove
such objects in a workmanlike manner. Such person shall also grade,
level and restore the land as nearly as possible to the same conditions
which existed before the well was first commenced.
A.
Any well in which production casing has been run but
which has not been operated for six months, and which has not received
temporarily abandoned status from the Oklahoma State Corporation Commission
and the inspector, and any well in which no production casing has
been run and for which drilling operations have ceased for 30 consecutive
days, shall be presumed to be abandoned and shall be plugged in accordance
with the provisions of the Oklahoma State Corporation Commission.
B.
Any well which has not had the annual operating license
paid for a period of one year or for which the inspector has not been
provided proof of bond or letter of credit as required by this chapter
or for which the inspector has not been provided proof of insurance
as provided in this chapter shall be presumed to be abandoned and
shall be plugged in accordance with this chapter.
D.
The operator must notify the inspector that plugging
operations are commencing at least 48 hours beforehand.
A.
After the inspector's review, but prior to the issuance
of any permit, the permittee must also provide a bond or irrevocable
letter of credit in the principal of $25,000.
(1)
Said bond or letter of credit must be executed by
a reliable insurance company or bank authorized to do business in
the State of Oklahoma, as surety or creditor, with the permittee as
principal or debtor, running to the City of El Reno for the benefit
of the City and all persons concerned, conditioned that the permittee
will comply with the terms and conditions of this article in the drilling
and operation of all oil or gas wells drilled or operated within the
City.
(2)
Said bond or letter of credit must become effective
on or before the date same filed with the City and remain in full
force and effect for at least 12 months subsequent to the expiration
of the permit term, and in addition, the bond or letter of credit
must be conditioned that the permittee must promptly pay all fines,
penalties, and other assessments imposed upon the permittee by reason
of his breach of any of the terms, provisions or conditions of this
chapter and that the permittee must promptly restore the streets,
sidewalks and other public property within the City which may be disturbed
or damaged during the permittee's operations to their former condition;
and that the permittee must promptly clear all premises of all litter,
trash, waste and other substances and must, after plugging and abandonment,
grade, level and restore said property to the same surface condition,
as far as possible, as existed prior to commencing operations; and
further that the permittee shall indemnify and hold harmless the City
of El Reno from any and all liability attributable to granting the
permit; and that the permittee shall promptly pay all sums with respect
to deductibles on covered losses under insurance policies required
by this chapter; and that the permittee shall comply with all of the
terms of this chapter concerning the plugging and abandonment of all
such wells.
(3)
Each bond or letter of credit submitted shall cover
all wells drilled or operated by said person within the City of El
Reno as specifically described all wells covered by name, legal description,
and oil and gas permit number, if any. For good cause shown, the City,
after notice to a permittee and opportunity for hearing, may require
the filing of a blanket bond or letter of credit for all wells within
the City of El Reno in an amount higher than $25,000, but not to exceed
$100,000. "Good cause" shall include, but shall not be limited to,
a showing that the operator or permittee has previously violated the
provisions of this chapter, or that the operator has multiple wells
so that, in the exercise of ordinance prudence, the El Reno City Council
shall require an additional amount.
B.
All applications for a permit under the provisions
of this chapter shall be accompanied by proof of insurance coverage
as follows:
(1)
The applicant for a permit shall submit with the permit
application a policy or policies of standard comprehensive public
liability insurance, including contractual liability insurance covering
bodily injuries and property damage naming the applicant/permittee
and the City as coinsureds, issued by an insurance company authorized
to do business within the state; said policy or policies in the aggregate
shall provide for the following minimum coverage:
(2)
Said insurance policy or policies shall provide that
they may not be canceled without written notice to the inspector at
least 30 days prior to the effective date of such cancellation. In
the event said policy or policies are canceled, the permit granted
shall immediately terminate without any action on the part of the
inspector, and the applicant's/permittee's right to operate under
said permit shall cease until the permittee files additional insurance
as required herein.
(3)
The insurance policies required by this section shall
be submitted and maintained in full force and effect at all times
by all persons drilling, completing, operating, maintaining and/or
producing any well located within the limits of the City, whether
drilling operations were commenced on, prior to or subsequent to February
10, 2008.
C.
In addition to the requirements outlined hereinabove,
the permittee shall obtain seepage and pollution insurance of $1,000,000
per well for the benefit of the City of El Reno and all persons concerned,
conditioned that the permittee will comply with all applicable federal
and state law, rules, regulations, standards or directives relating
to the maintenance of the safe and beneficial physical, chemical and
biological properties of any natural waters of the City, including
the Lake El Reno Watershed and the Wellhead Protection Area; that
the permittee shall obtain the necessary permits from the City and
state with regard to any operations which have the potential of rendering
such waters harmful or detrimental or injurious to the public health,
safety and welfare; that the permittee shall bear all the cost necessary
and incidental to the correction of any pollution to said waters caused
by the permittee or permittee's agents, servants, employees, subcontractors
or independent contractors; that the permittee shall pay all fines,
penalties, assessments or judgments resulting directly or incidentally
from the permittee's activities and which result in pollution of City
waters; that the permittee shall indemnify and hold harmless the City
from any and all liability attributable to granting the permit where
such liability results from the pollution of City waters, the Lake
El Reno Watershed, and/or Wellhead Protection Area. The Wellhead Protection
Area shall be defined on a map maintained by the City of El Reno Public
Works Department.
[Amended 6-12-2018 by Ord. No. 9147; 8-13-2019 by Ord. No. 9202; 9-14-2021 by Ord. No. 9282; 2-8-2022 by Ord. No. 9292]
A.
No drilling permit shall be issued for any location within 500 feet
of any existing residence, religious institution, public building,
hospital building, school, or residentially zoned property, nor shall
a drilling permit be issued for any location within 300 feet of any
existing fresh water well.
B.
A separate floodplain development permit shall be required for any
drilling related activities occurring within the floodplain. Drilling,
storage, and other constructed or permanent activities shall not be
permitted within the floodway.
C.
The City Manager or his designee and the operator or his agent shall
agree to and sign an official truck route map, a copy of which shall
be retained by the operator on site. Any truck travel associated with
the permitted activities shall be conducted along the official truck
route. The mutual agreement and signing of said official truck route
map shall be a prerequisite to issuance of a drilling permit. Truck
travel associated with the permitted activities which is not confined
within the "official truck route" shall be considered a violation
of this article.
D.
The operator shall be responsible for restoring the official truck
route to predevelopment conditions. The City Manager, or his designee,
shall be responsible for recording predevelopment conditions for purposes
of comparison.
E.
Noise emitted by any drilling activity shall be measured from the location of any of the protected land uses referenced in § 270-5A. Noise shall be measured on a sound level meter of standard design and quality having specifications recognized and established by the American National Standards Institute. Measurements with sound level meters shall be made when wind velocity at the time and place of the measurement is not more than five miles per hour, or 25 miles per hour with a windscreen. In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of the sound level measurement.
(1)
Permissible defined levels. A noise or recognized noise pollution
measured or in excess of the guidelines and measured in accordance
with the above requirements is declared to be excessive and is unlawful.
A noise shall be found to be excessive when it exceeds the following
defined levels for more than 15 minutes in duration or more than two
times in one hour.
(2)
Noise ordinance waiver. A waiver from noise pollution requirements
may be obtained in instances where all protected land uses within
the 1,000 foot distance agree to the waiver. To apply for the waiver,
the applicant must provide notarized signatures from the affected
party of each protected land use. Affected parties include:
(a)
For residential dwellings and residentially zoned properties,
the affected party is the resident. If there is no resident, the affected
party is the owner.
(b)
For religious institutions, public buildings, hospital buildings,
and schools not owned by the City of E1 Reno, the affected party shall
certify that they are able to make the decision to allow the waiver
by their organization.
(c)
For protected land uses owned by the City of E1 Reno, the determination
of whether to sign a waiver shall be made by the City Council.
F.
Drilling operations shall comply with all fencing requirements established
by the Oklahoma Corporation Commission. In addition to the aforementioned
requirements, all commercial vehicles and equipment parked or stored
for the execution of permitted activities shall be parked or stored
in a fenced area no less than 140 feet from the nearest residentially
zoned property. If the parking or storage of vehicles is at least
500 feet from the nearest residentially zoned property, the fencing
requirement is not applicable.
G.
Section 361-25 of this code, concerning landscaping, shall be enforced for all drilling permits issued for locations within 1,000 feet of any of the protected land uses referenced in § 270-5A. A landscaping plan shall be required to be submitted with the permit application. Continued maintenance of the landscaped areas shall be required for the issuance of the annual renewal of the permit.
H.
The use of nonelectric motor-driven equipment on any oil or gas well
is prohibited after drilling operations have been completed and during
the production phase of such well. This shall not apply to equipment
or appliances used for temporary maintenance such as work over rigs.
[Amended 6-12-2018 by Ord. No. 9147]
A.
It shall be unlawful and an offense for any person to violate or
neglect to comply with any provisions of this article.
B.
Any person who shall violate any of the provisions of this article,
any of the provisions of a drilling and operating permit issued pursuant
thereto, or any condition of the bond filed by the permittee pursuant
to this article or who shall neglect to comply with the terms hereof
shall be guilty of violating this article.
C.
The permittee and all of his co-owners, partners, associates, employees
and contractors or any other persons who may have assisted in the
commission of any violation of the provisions of this article shall
each be deemed guilty of a separate offense.
D.
The violation of each separate provision of this article, of said
permit, or of said bond shall be considered a separate offense, and
each day's violation of each separate provision thereof shall be considered
a separate offense.
E.
In addition to the foregoing penalties, it is further provided that
the inspector may, upon 10 days' written notice to the permittee,
hold a hearing to consider the revocation or suspension of any permit
issued under this article. Any violation of the provisions of this
article or the terms of the permit shall be sufficient grounds for
revocation or suspension. The written notice issued by the inspector
must specify the alleged grounds for revocation or suspension and
the date, time and place of the hearing.
F.
Any continuing offense shall be considered a public nuisance, the
remedies for which under law shall be in addition to those hereinbefore
enumerated.
[Added 6-12-2018 by Ord.
No. 9147]
A.
No saltwater disposal well or other well for the disposal of deleterious
substances shall be located within the municipal corporate limits.
B.
Enhanced recovery by use of injection wells shall be allowed only
where freshwater or nontoxic gases are used. Use of saltwater for
injection recovery is specifically prohibited.
[Added 6-12-2018 by Ord.
No. 9147]
Violations of this article shall be punishable as provided in § 1-10 of this Code.