WS Item 3 SummaryPage 1
Ordinance 880-A: Summary of Changes - 7/27/11
Section
Change
Justification
Staff recommended added term. Term was
Sec. 9.5 -222. Definitions
Blind /shear ram: an integral part of a blowout preventer, which serves as the closing
added to language found on page 27, Blowout
1
page 2
element to an open hole. Its ends do not fit around the drill pipe but seal against each
Prevention, added safety feature. Added to
other and shut off the space below completely.
definitions for clarity and ensure that this safety
feature is included in operations.
Christmas tree: the control valves, pressure gauges, and chokes assembled at the top
2
Sec. 9.5 -222. Definitions
of a well to control the flow of oil and gas after the well has been drilled and completed.
Added to definitions as this term is referenced in
page 2
It is used when reservoir pressure is sufficient to cause reservoir fluids to flow to the
the ordinance.
surface.
Sec. 9.5 -222. Definitions
Frac, fracture or fracturing: The process of fracture stimulation of a rock formation,
Staff recommended added language in order to
3
page 3
including but not limited to the process of pumping sand laden fluids down a well, or any
maintain sustainability in the future for possible
other means used to stimulate a rock formation.
advances in fracturing technology.
Staff recommended added term. Term added to
language found on page 29, Fresh Water Well
Sec. 9.5 -222. Definitions
Fresh Water Perennial Stream: A body of water flowing in a natural or man -made
Testing. Stream testing was a condition placed
4
page 4
channel year - round, except during periods of drought. It can be identified by a "blue line"
on the SUP for the Milner site due to the close
on the United States Geological Survey.
proximity of the pad to Dove Creek. Stream
testing may be applicable in other locations.
Added to definitions for clarity.
Green Completion: Using technology to recover gas that may otherwise be vented or
flared during the completion phase of a natural gas well; using equipment designed to
Staff recommended added term. Term added to
handle high pressure, high rate flowback fluids so as to safely handle and to sell the
language found on page 16, (42) regarding
Sec. 9.5 -222. Definitions
natural gas produced during flowback period; using flowback equipment to separate
Green Completion plan requirement. Definition
5
page 4
sand, water and gas during initial flowback; having a sales line in place prior to
added for clarity. A Green completion plan is
completion of the frac'king process; using the recommended technologies and practices
recommended as a submission requirement (p.
outlined in the U.S. Environmental Protection Agency Natural Gas STAR Program and
16).
also including, but not limited to, vapor recovery systems, no -bleed pneumatic valves,
flaring and venting bans, and electric compressors.
Page 1
Page 2
Section
Change
Justification
Staff recommended added term. The word
Sec. 9.5 -222. Definitions
Lightning arrester: A device incorporated into an electrical system to prevent damage
"lightning" added to language found on page 34,
6
page 5
by heavy surges of high- voltage electricity, such as a stroke of lightning or voltage
Tank Battery Equipment. Term added to
surges resulting from mishaps in operations.
definitions for clarity and to better define the
equipment.
7
Sec. 9.5 -223. Variance procedure
(a) The following procedures apply to a variance request made subsequent to the
Staff recommended added language to clarify the
page 8
issuance of a Specific Use Permit for gas and oil well drilling and production
variance procedure.
An operator or pipeline operator requesting a permit or other approval required by this
article may apply for a variance from the requirements of this article by submitting to the
Staff recommended added language to clarify the
8
Sec. 9.5 -223. Variance procedure
director of planning and development services a written request for variance. The
variance procedure in regards to the consent
page 8
request must include the following, where applicable; provided, however, that the
form signatures in that 100% does not guarantee
provision of the information below does not automatically result in the approval of the
variance approval.
variance request:
The variance request shall be deemed approved if, within 45 days after the
Staff recommended revised language to be more
9
Sec. 9.5 -223. Variance procedure
administrator issues a written determination that the variance request is administratively
specific. This now references variance requests
page 9
complete, the administrator does not lace the variance request on the agenda for city
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submitted post SUP.
council consideration.
Staff recommended revised language to clarify
10
Sec. 9.5 -223. Variance procedure
(b) The following applies to a variance filed concurrently with an application for a
the variance procedure. Variances submitted in
page 9
Specific Use Permit for oil and gas well drilling and production:
conjunction with the SUP must be considered in
the processing of the application.
A variance application that accompanies an application for a specific use permit shall be
Sec. 9.5 -223. Variance procedure
considered in conjunction with specific use permit application by the City Council
Staff recommended revised language to be more
11
page 9
following a recommendation by the Planning and Zoning Commission. The Planning
specific as well as add P &Z to the formal action
and Zoning ommission and City Council may take a separate action on each variance
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process.
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request or may consider all variances collectively.
Page 2
Page 3
Section
Change
Justification
Each variance request application submitted in conjunction with a Specific Use Permit
12
Sec. 9.5 -223. Variance procedure
shall include all information required under section 9.5 -223(1 )(a -f) and the City Council
Staff recommended added language to clarify the
page 9
and Planning and Zoning Commission may consider the factors set forth in section 9.5-
variance procedure.
223(2)(a -f) when evaluating a variance request.
(a) Any aggrieved person who believes that an action taken pursuant to this Article by
the City Council or any officer or employee of the City constitutes a taking under the
Texas or United States Constitution or under other State law, may file an application
with the City Council requesting a takings determination.
(b) The applicant seeking a takings determination from the Council shall file its appeal
with the office of the City Secretary. The City Secretary shall then forward the appeal to
the City Council for consideration. An appeal fee in the amount set in the city's fee
schedule shall accompany each filing.
Sec. 9.5 -225. Takings Determination
(c) The appeal shall state the reasons that the applicant believes would support a
13
pages 10 & 11
finding that the City's actions constitute a taking under the Texas or United States
City attorney will discuss with Council.
Constitution or pursuant to other State law and shall include evidence substantiating the
purported diminution in value of the applicant's real property.
(d) If the Council finds in favor of the applicant it may: (1) grant the relief requested, (2)
direct the City Manager to rescind action taken by City staff that formed the basis of the
takings determination appeal, or (3) direct the City Manager to reconsider action taken
by City staff that formed the basis of the takings determination appeal. If the Council
denies the appeal, or after a favorable determination the City Council fails to take action
as specified above, the applicant may appeal the decision or inaction of the City Council
to the county or district court of the county in which the affected real property is located
within 30 days of the date that the Council issues its final decision.
Page 3
Page 4
Section
Change
Justification
In addition to obtaining a well permit and before establishing a drill site and access road,
Staff recommended added Ian ua a for tree
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Sec. 9.5 -232. Well permit required
the operator must obtain all other necessary permits, including a tree protection and
protection permit. While this type of permit is
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page 12
earth disturbance permit from the building inspections department. Theoperator shall
p g p p p
already required, the language communicates
also be required to demonstrate compliance with the city's tree preservation ordinance,
this to the o erator.
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Ordinance No. 585 -C, (Code §§ 9.5- 371 - -9.5 -385) as amended.
15
Sec. 9.5 -233. Seismic survey
Y
o seismic activity shall be permitted on city- owned fee property without the express
Y p Y p p Y p
Attorney recommended added language to be
more specific regarding the seismic survey permit
permit required page 13
consent of, and pursuant to the conditions established by, the City Council.
requirements.
Sec. 9.5 -233. Seismic survey
Y
o seismic activity shall be permitted within City owned rights of way or utility
Staff recommended added language to be more
16
permit required page 13
easements without first entering into a license agreement with the City, prepared by the
specific regarding the seismic survey permit
City ublic Works Department.
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requirements regarding license agreements.
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Sec. 9.5 -234. Application and review of
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Owner and address of each parcel of property parcel (s) on
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Staff recommended revised language to be more
17
well permit page 14
which the proposed drill site is located; and
spec ific regarding the property information
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requirements on the site plan.
A site plan of the proposed drill site and operation site depicting the color, height, size,
Sec. 9.5 -234. Application and review of
bulk and location of all structures and equipment specific to the proposed site, including
Condition of the SUP approval. Included to
18
well permit page 14
but not limited to all security cameras, lighting, utilities and the floodplain, and the
ensure that the operator identifies equipment as
location and description of all improvements, structures utilities and flood lain areas
p p p
p art of the submittal.
within 1,000 feet of the proposed drill site; and
All current material safety data sheets (MSDSs) detailing the hazardous materials that
Condition of the SUP approval. Included to
pp
19
Sec. 9.5 -234. Application and review of
will be located, stored, transported and /or used at the drill site shall be provided to the
ensure that the operator identifies all compounds
well permit e 15
a
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inspector and fire marshal which must include all types, volumes and concentration of
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used in the frac'ing process.
all additives for the proposed drilling and frac program; and
Page 4
Page 5
Section
Change
Justification
A screening, fencing and landscape plan detailing compliance with all landscape and
screening requirements required by city ordinance, or, if a specific use permit has
already been approved for the pad site, a copy of the screening, fencing and landscape
plan previously approved; and
Condition of the SUP approval; staff
Sec. 9.5 -234. Application and review of
recommended revised language for improved
20
well permit page 15
A landscape irrigation plan as designed by a State of Texas licensed landscape
readability and incorporating additional
architect detailing he appropriate t e of irri irrigation for the site; measures to be taken to
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submission information in regards to landscape
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adequately irrigate all landscaping, including indicating the water source for irrigation
irrigation and maintenance.
and the proposed efforts to replace dead or dying screening vegetation, or, if a specific
use permit has already been approved for the pad site, a copy of the landscape
irrigation plan previously approved; and
A dust mitigation plan detailing measures to be implemented to mitigate and suppress
Condition of the SUP a royal. Included to
pp
21
Sec. 9.5 -234. Application and review of
dust generated at the drill site and the private vehicle access route, including a mud
ensure that a mud shaker will be shown on the
well permit page 16
p p g
shaker for vehicles exiting the site or, if a specific use permit has already een
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site plan at time of submittal.
approved for the pad site, a copy of the dust mitigation plan previously approved; and
A detailed evacuation p Ian addressin g strategy the evacuation strate fora public ublic or private
During the SUP application on the Milner tract
22
Sec. 9.5 -234. Application and review of
school, hospital or daycare facility if any such facility will be located within 1,250 feet of
there was a condition placed on the application
that the operator work with a nearby future
well p ermit page 16
the proposed permit approved drill site or, if a specific use has already been a roved for the ad
hospital approximately a quarter mile away on an
site, a copy of the evacuation plan previously approved; and
evacuation p Ian.
Page 5
Page 6
Section
Change
Justification
A leak detection and compliance plan to ensure that all site activities and equipment are
in compliance with applicable rules and regulations. This plan should outline
methodology to assess and evaluate the impact of drilling, fracturing, production, and
other activities at the pad site on the immediate surroundings. Specific elements shall
Staff recommendation to address general air
include, but are not limited to: A quarterly leak detection monitoring program, methods
quality concerns discussed during the recent
23
Sec. 9.5 -234. Application and review of
and equipment for emission measurements, and a response plan to address
SUP applications. Leak detection programs are
well permit page 16
emergency issues, if they arise; and any other information required by the Specific Use
now requirements in other cities. Addition of leak
Permit or the administrator. Monitoring shall include evaluation of potential impact to air,
detection and compliance plan recommended to
soil, surface water, and groundwater. Quarterly reporting of the monitoring results to the
be at time of application submittal.
Planning and Development Services department is required with all laboratory data
sheets, field logs, data summaries, and actions taken in response to problems identified
during the prior quarter.
24
Sec. 9.5 -234. Application and review of
A Green Completion plan that addresses equipment, techniques, practices and
Staff recommendation to add as a submission
well permit page 16
programs that will be implemented to reduce emissions
requirement.
Sec. 9.5 -234. Application and review of
A gas dispersion model and a risk assessment study that includes a blowout
SUP condition. This study was required as part of
25
well permit pages 16 & 17
iliated third with
contingency assessment and a blast stud conducted b un affiliated art
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the Wright SUP conditions.
a licensed engineer on staff.
Staff recommended added language to include a
Sec. 9.5 -234. Application and review of
requirement for a cement casing program.
26
well permit page 17
A cement casing program
Based on SUP motion requiring full compliance
with State and local municipality requirements for
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ground water protection.
Page 6
Page 7
Section
Change
Justification
If the application for a well permit is approved, prior to a permit being issued, the
operator shall deposit with the city the sum of $50,000.00 for each pad site containing a
well permit application approved. The funds shall be maintained by the city in an interest
bearing account from which the city may reimburse itself for the actual administrative
expenses, consulting fees, contracting fees or the funding of inspector position(s). All
interest earned shall be credited to the fund balance or refunded to the operator if and
when the minimum balance is achieved. The city shall invoice and notify the operator, in
Staff recommended revised language to raise the
Sec. 9.5 -234. Application and review of
writing of any deduction from the application fund and within 15 days of receipt thereof,
amount of the revolving account in order to be
27
well permit page 17
the operator shall a to the city for deposit into the fund the amount necessary o return
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commensurate to realistic costs associated with
the balance to $50,000.00. The operator may appeal any charge assessed against the
applicable fees.
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fund by filing an appeal as provided in this article. If the operator fails to maintain the
fund as required by this section, such failure shall constitute a violation of this article,
and the administrator may suspend or revoke the well permit and the city may pursue all
remedies provided in this article for such violation. Upon completion of all drilling
activities, final inspection and approval by the city of a restored site, and fulfillment by
the operator of all of operator's obligations under this article, the city shall return any
remaining account balance to the operator or the operator's approved assign.
Bodily injury and property damage coverage shall be a minimum combined single limit
of $20,000,000.00 per occurrence with an annual general aggregate coverage of
28
Sec. 9.5 -237. Insurance and
$50 This coverage must include premises, operations, blowout or
Condition of the SUP approval.
indemnification page 21
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explosion, products, completed operations, blanket contractual liability, round
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property damage, underground reservoir (or resources) damage, broad form property
damage, independent contractor's protective liability and personal injury.
Page 7
Page 8
Section
Change
Justification
Environmental impairment (or seepage and pollution) coverage shall be either included
in the comprehensive general liability coverage or as separate coverage. Such
coverage shall not exclude damage to the lease site. If environmental impairment (or
seepage and pollution) coverage as written on a "claims made" basis, the policy must
Sec. 9.5 -237. Insurance and
provide that any retroactive date applicable precedes the effective date of the issuance
29
indemnification page 21
of the permit. Coverage shall apply to sudden and accidental pollution conditions
Condition of the SUP approval.
resulting rom the escape or release of smoke vapors, fumes acids alkalis toxic
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chemicals, liquids, oil and gas, waste material, or other irritants, contaminants or
pollutants. Such policy shall provide for a minimum combined single limit coverage of
$20,000,000.00 per occurrence. A discovery period for such peril shall not be less than
ten years after the occurrence.
Sec. 9.5 -237. Insurance and
Automobile liability insurance: Minimum combined single limit of $20,000,000.00 per
30
indemnification page 21
occurrence for bodily injury and property damage. Such coverage shall include owned,
Condition of the SUP approval
non -owned and hired vehicles
Sec. 9.5 -239. Periodic reports
A quarterly extended gas analysis report must be provided to the City once production
31
page 23
begins. The report must be in a format specified by the City's gas consultant or
Condition of the SUP approval
petroleum engineer
The operator shall construct all facilities located off the pad site and used for parking,
loading, unloading, driveways, and other vehicular access areas of concrete, unless an
Sec. 9.5 -242. On -site operation
alternative material is approved by the city council as a condition of a specific use
Staff recommended added Ian for clarity in
language y
ua a
32
requirements page 25
permit or an approved variance. The operator shall maintain the surface for such
defining location
facilities and drive approach in good condition and repair and meet the minimum
pp g p
requirements set forth in the fire code approved by the city council, as amended. The
pad site is not required to be constructed of concrete or asphalt
Page 8
Page 9
Section
Change
Justification
A masonry perimeter wall of a minimum of eight feet in height shall be required to
enclose and visually screen the well and all associated equipment during post - drilling
operations. Such wall must be completed within 60 days of completion of drilling or as
Staff recommended added language in order to
Sec. 9.5 -242. On -site operation
required by the city council as a condition of the specific use permit. The masonry
add some flexibility in the timing requirement; and
33
requirements pages 25 & 26
perimeter wall shall have an architectural metal ate that shall remain locked when the
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to add other governing documents that may
operator or operators employees are not within the enclosure. In addition to the
apply.
foregoing, the operator shall also be required to comply with the screening requirements
set forth in the zoning ordinance, as well as the City's Policy on Natural Resource
Extraction Activities, as it may be amended.
The operator shall provide and maintain in good working order all fire suppression and
Sec. 9.5 -242. On -site operation
prevention equipment required by any applicable federal, state or local law, or the
Staff recommended added language to add
34
requirements page 26
p response operator's p p Ian at the operator's cost. The operator shall keep
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flexibility that would enable the Fire Marshal to
adequate foam fire suppressant equipment and supplies at each drill site, in addition to
increase requirements if necessary.
any fire suppressant equipment and supplies deemed necessary by the fire marshal
Air testing. Continuous air testing is required as soon as the first well is frac'ed and
must be maintained until one year after third well is placed into production on the pad,
where applicable. Testing must be consistent with City established methodology, as
required by the applicable Specific Use Permit. If requested, the operator may witness
35
Sec. 9.5 -242. On -site operation
testing conducted by the city consultant. The operator shall be responsible for the cost
Condition of the SUP approval.
re
requirements pages 26 & 27
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of all monitoring equipment. The location of the continuous monitoring equipment will be
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determined by the city consultant with the operator's representative present during
installation. A gas chromatograph system is required. The operator shall seek
incorporation of all data generated into the Texas Commission on Environmental Quality
air monitoring program.
Annual meeting with city required. Each operator shall meet annually with
36
Sec. 9.5 -242. On -site operation
representatives of the city to review emergency response and evacuation plans. These
Staff recommendation that evacuation plans be
requirements page 27
reviews shall be in accord with U.S. Department of Transportation and railroad
review annually.
commission requirements and the operator will
Page 9
Page 10
Section
Change
Justification
Blowout prevention. In all cases, the operator shall install and utilize blowout prevention
equipment on all wells being drilled, worked -over or in which tubing is being changed.
Protection shall be provided to prevent blowout during oil and /or gas operations as
required by and in conformance with the requirements of the railroad commission and
Staff recommended added language to include
37
Sec. 9.5 -242. On -site operation
the recommendations of the American Petroleum Institute. The operator must equip all
blind /shear ram installation for increased safety in
requirements page 27
drilling wells with adequate blowout preventers, flow lines and valves commensurate
emergency closing of the hole.
with the working pressures involved as required by the railroad commission. A
blind /shear ram shall be used as part of the blowout preventer stack. Well control
surface equipment shall be inspected after rig up to ensure function and appropriate
application for the well parameters
Chemical and materials storage. The operator shall store all chemicals and /or
hazardous materials in such a manner as to prevent, contain and facilitate rapid
remediation and clean -up of any accidental spill, leak or discharge of a hazardous
material. The operator shall maintain all material safety data sheets (MSDSs) for all
Staff recommended added language per the
hazardous materials on site and shall provide the city with updated copies on a quarterly
advice of gas inspector who stated that new
Sec. 9.5 -242. On -site operation
basis to address additional products that may have been introduced or to remove
products are introduced regularly and older
38
requirements pages 27 & 28
previously listed products that may have been discontinued. The operator shall comply
products may get discontinued.
With all applicable federal and state regulatory requirements for the proper labeling of
containers. The operator shall take all appropriate pollution prevention actions including
Condition of the SUP approval
but not limited to raising chemical and materials and bulk storage (e.g., placing such
materials on wooden pallets), installing and maintaining secondary containment
systems, and providing adequate protection from storm water and weather elements.
fhe site shall not be used for long -term storage of additives.
Sec. 9.5 -242. On -site operation
Drilling fluids. Low toxicity glycols, synthetic hydrocarbons, polymers and esters shall be
39
requirements page 28
substituted for conventional oil -based drilling fluids. Appropriate green fluids shall be
Condition of the SUP approval
used to the extent possible
Page 10
Page 11
Section
Change
Justification
Drip pans and other containment devices. The operator shall install drip pans and other
containment devices underneath all tanks, containers, pumps, lubricating oil systems,
Sec. 9.5 -242. On -site operation
engines, fuel and chemical storage tanks, system valves, connections and any other
40
requirements page 28
areas or structures that could potentially leak, discharge or spill hazardous liquids, semi-
Condition of the SUP approval
liquids or solid waste materials including hazardous waste. A secondary containment
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system shall be installed around all separators, tank batteries, and other fluid containing
equipment on the drill site.
Dust, vibrations, odors. The operator shall conduct all drilling and production operations
in such a manner as to minimize, so far as practicable, dust, vibration or noxious odors,
and in accordance with the best accepted practices incident to drilling for the production
of oil, gas and other hydrocarbon substances. The operator shall construct and operate
all equipment so that vibrations, dust, odor or other harmful or annoying substances or
effect created by the operations carried on at any drill site or from anything incident
thereto will be minimized, to minimize the possibility of injury or annoyance of persons
Sec. 9.5 -242. On -site operation
living in the vicinity. The operator shall maintain all aspects of the site and structures
41
requirements page 28
thereon in good operating condition and good appearance. Proven technological
Condition of the SUP approval.
improvements in industry standards of drilling and production in this area shall be
p Y g p
adopted as they become available if capable of reducing factors of dust, vibration and
odor. Brine water, sulphur water, or water in mixture with any type of hydrocarbon may
not be used for dust suppression. A mud shaker for truck traffic shall be installed with
the construction of any access road. Dust suppression must be applied prior to drilling
and every three months or sooner, where necessary to mitigate dust dispersion.
Periodic watering must occur during dry periods or when necessary to mitigate dust
dispersion.
Page 11
Page 12
Section
Change
Justification
Emergency response plan. Prior to the commencement of oil and /or gas drilling, or any
other hydrocarbons production activities, the operator shall submit to the inspector and
fire marshal an emergency response plan to the city, and no drilling or other production
activity shall commence until such plan has been approved by the city. The emergency
response plan shall be kept current with any additions, modifications, and /or
42
Sec. 9.5 -242. On -site operation
amendments concerning all construction related activities, oil and /or natural gas
Staff recommendation to ensure element is
requirements page 29
operations and production. Updated plans shall be submitted to the inspector and fire
addressed in the emergency response plan.
marshal within two business days after any additions, modifications and /or amendments
to said plan(s). A copy of the emergency response plan shall be kept on site. The
emergency response plan shall at a minimum provide for prompt and effective response
to emergencies and shall include a site - specific evacuation plan and blowout
contingency plan
Fire prevention; sources of ignition. The operator shall provide and maintain on the drill
site at all times during drilling and production operations all firefighting apparatus and
supplies which are required by the fire chief, or the fire chief's designee, or which are
Sec. 9.5 -242. On -site operation
required by any applicable federal, state or local law, at the operator's cost. The
ua
Staff recommended added language. 300 feet is
g g
43
requirements page 29
operator shall be responsible for the maintenance and upkeep of such equipment. Each
twice the distance allowed by TRRC.
well shall beequipped 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. All potential permanent off -site sources of ignition
shall be setback a minimum distance of 300 feet from the pad site.
Fresh water wells and /or Fresh Water Perennial Streams. The operator shall, within
120 days of its completion date, equip each gas well with a cathodic protection system
to protect the production casing from external corrosion, unless the inspector approves
Sec. 9.5 -242. On -site operation
p
an alternative method of protecting the production casing from external corrosion. The
44
requirements page 29
operator of a well shall provide the inspector with a "pre- drilling" and "post- drilling" water
Condition of the SUP approval.
analysis and flow rate from an existi fresh water well within 2 000 feet of the well;
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and any existing fresh water perennial stream within 300 feet of the well. Such water
tests shall conform to the methodology prescribed by the applicable Specific Use Permit
and the following testing requirements:
Page 12
Page 13
Section
Change
Justification
Water samples must be collected by a third party consultant and analyzed utilizing
45
Sec. 9.5 -242. On -site operation
proper sampling and laboratory protocol from a U.S. Environmental Protection Agency
Condition of the SUP approval.
pp
requirements page 29
or Texas Commission on Environmental Quality approved laboratory, with a copy of the
third party analysis provided to the city;
Well and /or stream samples shall be analyzed prior to any drilling activity to document
Sec. 9.5 -242. On -site o p eration
baseline water quality data of the well. A post - drilling sample shall be analyzed once
46
requirements page 29
frac`ng begins and quarterly thereafter until one year after the third well on the pad site
Condition of the SUP approval
is laced into roduction where applicable; or as required b the applicable Specific
p p � pp � q Y pp p
Use Permit; and
Sec. 9.5 -242. On -site operation
Parameters to be tested for, include, but are not limited to, TDS, Chlorides, VOC's and
47
requirements a 29
p g e
TPH dissolved ethane), fractioned SVOC's and other target
g ases (methane, � g
Condition of the SUP approval.
pp
compounds based on drilling and fracturing additives disclosed by the operator.
Gas emission or burning restrictions. No person shall allow, cause or permit gases to
Sec. 9.5 -242. On -site operation
be vented into the atmosphere or to be burned by open flame. No open flaring is
48
requirements page 30
permitted. A vapor recovery system is required. The frac'ing process shall not be
Condition of the SUP approval.
completed until a sales line is in lace to service the well. Green completion methods
p p p
as defined by this Article, are required.
Firefighter /Emergency Responder training. Each operator shall be required to provide
training and instruction to the fire department and other emergency responder
Sec. 9.5 -242. On -site operation
personnel regarding well safety and emergency management protocol, and all
Staff recommended added language to extend
49
requirements page 30
information specific to the well operation which is requested by the fire chief or the fire
required training to additional emergency
chief's designee, or which is relevant to emergency management activities at the site.
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personnel.
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Such fire department training must occur prior to the operator conducting drilling
operations under the operator's first well permit
Page 13
Page 14
Section
Change
Justification
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
Staff recommended language added from
50
Sec. 9.5 -242. On -site operation
equipment shall not be discharged into the open air unless it is equipped with an
neighboring city's ordinance (experienced with
requirements page 30
exhaust muffler or mufflers, or an exhaust muffler box constructed of noncombustible
active pad sites and the nuisances caused by
materials sufficient to suppress noise and prevent the escape of obnoxious gases,
noise and /or obnoxious air emissions).
fumes, or ignited carbon or soot.
The operator shall immediately install and continuously display a sign at the gate on the
temporary and permanent site fencing erected pursuant to the requirements of this
Staff recommended language added from
51
Sec. 9.5 -242. On -site operation
section. Such sign shall be constructed of a durable material, maintained in good
neighboring city's ordinance that is more specific
requirements page 31
condition and, unless otherwise required by the railroad commission, shall have a
and would require a more weather -proof durable
surface area of not less than two (2) square feet, or more than four (4) square feet and
material.
shall contain the following:
A sign shall be placed at the exit to the site that reads "ALL TRUCK TRAFFIC IS
REQUIRED TO FOLLOW THE APPROVED TRANSPORTATION ROUTE.
VIOLATORS SUBJECT TO $2,000 FINE. TODOS LOS CAM ION ES ESTAN
Sec. 9.5 -242. On -site operation
OBLIGADOS A SEGUIR LAS RUTAS DE TRANSPORTE APROBADAS. LOS
Staff recommended language added from
52
requirements pages 31 & 32
INFRACTORES ESTAN SUJETOS A MULTAS DE $2,000." The sign lettering, size,
neighboring city's ordinance (experienced with
and background shall meet city specifications. A directional arrow shall be laced
g Y p p
active ad sites and truck route violators .
p )
immediately below the above sign and shall indicate the proper direction of travel for
exiting truck traffic. The sign shall be placed in a location that is visible to exiting truck
traffic and shall not be placed within the city right of way.
53
Sec. 9.5 -242. On -site operation
No other signs shall be permitted at the site other than those required by this Article or
Staff recommended language added from
neighboring city's ordinance (experienced with
requirements page 32
other law.
active pad sites) to prohibit advertising.
All tanks shall be set back pursuant to the standards of the railroad commission and the
national fire protection association, but in all cases, shall be at least feet from any
Sec. 9.5 -242. On -site operation
public right of way and adjacent property line. Each storage tank shall be equipped with
Staff recommended revised language to increase
54
requirements page 32
a level control device that will automatically activate a valve to close the well in the
Y
distance requirements as a safety precaution.
event of excess liquid accumulation in the tank. The city council may require installation
of barriers and /or other protections for any tank located within 150 feet of a public right
of way or other public property.
Page 14
Page 15
Section
Change
Justification
Sec. 9.5 -242. On -site operation
Tanks must be setback at least 300 feet from any other fuel source not related to
Language added from neighboring city's
55
requirements page 32
operator s operations.
ordinance (experienced with active pad sites) as
an added safety precaution
Surface casing. The operator shall set surface casing in full compliance with the
applicable rules and regulations of the appropriate state and local authorities for
groundwater protection. The operator shall permit the inspector or city consultant to
access the site during casing installation, provided that the individual has the
Sec. 9.5 -242. On -site operation
appropriate personal protective equipment. The inspector or city consultant must be
56
requirements pages 32 & 33
provided with access to all relevant reports associated with the setting of the casing.
Condition of the SUP approval.
Theo operator shall provide the city with 72 -hours notice prior to setting the well casing.
p p Y p g . g
The casing string must be pressure tested prior to drilling the next section of the hole. If
the casing fails a pressure test, isolation tools must be placed in the hole to locate the
leak and the corrective measures must be implemented to repair the failure and ensure
the pressure integrity of the casing string before conducting subsequent operations.
57
Sec. 9.5 -242. On -site operation
Thermal Oxidizer. A thermal oxidizer shall be required if deemed necessary by the
Condition of the SUP approval.
pp
requirements page 33
city's inspector or consultant.
Valves. The operator shall equip each well with a shutoff valve to terminate the well's
58
Sec. 9.5 -242. On -site operation
production. The fire department shall have access to the drill site to enable it to close
Condition of the SUP approval.
pp
requirements page 33
the shut -off valve in an emergency. The operator shall paint these valves red and post
signs to show they are shut off valves. No —bleed pneumatic valves shall be used.
Bond for surface restoration. The operator shall restore surface locations of all dry wells
and /or abandoned operations as nearly as possible to its original condition. The
Sec. 9.5 -242. On -site operation
operator shall submit a performance bond in a form acceptable to the city to cover the
59
requirements page 34
costs of any clean -up necessary. The amount of the performance bond shall be
Condition of the SUP approval.
60 000.00 provided, however, the amount may be hi
� ,p Y her if the administrator g
determines that the estimated cost of the restoration project, including labor and
materials, will likely exceed this amount.
Page 15
Page 16
Section
Change
Justification
Security camera(s). The operator shall at all times after the permanent masonry
perimeter fence is in place, have installed a minimum of one 24 -hour operating security
Sec. 9.5 -242. On -site operation
camera inside the perimeter fence, and post on the fencing of the site signs indicating
Staff recommended revised language for
60
requirements page 35
that any activity on the site may be recorded by video surveillance. The location of the
clarification.
security camera and picture resolution of the recordings shall be subject to the approval
of the police chief. Camera systems shall be maintained in proper operating condition
and must perform all of the following functions.
Tank battery equipment. The operator shall equip any tank battery facilities with a
Sec. 9.5 -242. On -site operation
remote foam line and lightning arrestor system, and shall erect a sign clearly indicating
Staff recommended revised language adding the
61
requirements page 35
the location of the foam line and lightning arrestor system. All connections for the
Word lightning for clarity.
remote foam line and lightning arrestor system shall meet industry specifications and be
approved by the fire marshal's office.
An operator shall not drill or re -drill a well or operate any equipment in such a manner
so as to create pure tones where one -third octave band sound - pressure level in the land
Language added from neighboring city's
62
Sec. 9.5 -243. Operations and equipment
with the tone exceeds the arithmetic average of the sound - pressure levels of two
five for frequencies
ordinance (experienced with active pad sites and
practices and standards page 36
contiguous one -third octave bands by (5) dB center of 500 hertz and
the nuisance caused by vibrations)
above, and by eight (8) dB for center frequencies between 160 and 400 hertz, and by
fifteen (15) dB for center frequencies less than or equal to 125 hertz
An operator shall not drill or re -drill a well or operate any equipment in such a manner
so as to create low- frequency outdoor noise levels that exceed the following decibel
Sec. 9.5 -243. Operations and equipment
levels:
Language added from neighboring city's
63
practices and standards page 36
16 hertz octave band: 65 dB
ordinance (experienced with active pad sites and
32 hertz octave band: 65 dB
the nuisance caused by vibrations)
64 hertz octave band: 65 dB
Sec. 9.5 -243. Operations and equipment
f the proposed gas well is within 1,000 feet of any habitable structure, the operator mus
language added from neighboring city's
64
practices and standards page 37
comply with these additional noise abatement measures:
ordinance (experienced with active pad sites and
the nuisance caused by noise)
Page 16
Page 17
Section
Change
Justification
Exterior noise levels, including pure tone and low frequency data, shall be continuously
monitored to ensure compliance. This data shall also include an audio recording to help
identify the source of sound level "spikes" throughout the logging period. The
continuous noise monitoring equipment shall be capable of wireless transmission of real
time noise and audio data. Access to this real -time data shall be made available to the
Language added from neighboring city's
g g y
65
Sec. 9.5 -243. Operations and equipment
inspector. The cost of all such monitoring shall be borne by the operator. The noise
ordinance (experienced with active pad sites and
practices and standards page 37
p g
readings shall also be submitted to the inspector on a week) basis in an electronic
g p y
the nuisance caused by noise)
format or other format specified by the inspector. The weekly report shall state whether
the pad site is in compliance with the noise requirements. If the report states that the
pad site is not in compliance with the noise standards, then the report shall state the
measures that are being taken to return the pad site to compliance and the timeframes
for implementing these remedial measures.
At a minimum, the operator shall install noise reduction blankets on the pad site
boundaries facing any habitable structures within 1,000 feet. The height of boundary
blankets shall at a minimum be 30 feet. The height may be increased at the discretion
anguage added from neighboring ,
city's
66
Sec. 9.5 -243. Operations and equipment
p
of the inspector in response to topographic necessity. In addition to the boundary
p p y y
ordinance (experienced with active pad sites and
practices and standards pages 37 & 38
barriers, the operator must, at a minimum, install additional noise reduction blankets to
the nuisance caused b noise
y
mitigate noise generated from the rig substructure the rig floor area brake drum
g g g � g
housings, mud pumps, diesel motors, and generators. The blankets shall be
constructed of a fire - retardant material approved by the fire department.
Acoustical blankets, sound walls, mufflers or other alternative methods as approved by
the inspector may be used to ensure compliance with this article. All soundproofing shall
Language added from neighboring city's
g g y
67
Sec. 9.5 -243. Operations and equipment
comply with accepted industry standards and subject to approval by the fire marshal.
ordinance (experienced with active pad sites and
practices and standards page 38
p g
Noise mitigation measures will be evaluated on a case b case basis. The inspector
g y p
the nuisance caused by noise)
may require the operator to use noise reduction blankets that meet a standard of STC
30 or greater, if necessary.
Page 17
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Section
Change
Justification
The casing string will be pressure tested prior to drilling the next section of the hole. If
68
Sec. 9 -245. Well operations and
the casing fails a pressure test then isolation tools will be placed in the hole to locate the
Condition of the SUP approval
pp
inspections page 40
leak and the corrective measures will be taken to repair the failure and ensure pressure
integrity of the casing string before conducting subsequent operations.
The operator shall submit an educational letter to the administrator for approval detailing
drilling operations within 15 days of approval of the well permit. The letter shall detail
typical operations associated with oil and gas drilling activity with an intended audience
Staff recommended revised language to allow the
69
Sec. 9.5 -252. Public information
of the general public. The topics to be detailed shall include, but are not limited to, site
use of social media provided by the City, i.e., web
page 45
preparation, site development and construction drilling, fracturing, pipeline
p p p g ' g ' g p p
site, twitter, facebook and CTY
construction, production, transportation, and general weekly, monthly and yearly
maintenance of the operation site. The letter will be published on the City's web site and
further dissimulated using social media for the benefit of the public.
7o
Sec. 9.5 -271. Pipeline markers
The material, design, color, size and content of each line marker shall comply with
These markers are state and federally regulated.
e 55
page
railroad commission and U.S. Department of Transportation regulations
p p g
Within 30 days after the date of filing of said application and plans, the administrator
shall send notice to the pipeline operator as to whether the application will be accepted
Sec. 9.5 -287. Unregulated pipeline permit
for formal submittal processing and the total charge due. A formal submittal application
Staff recommended revised language due to
71
application requirements
for an unregulated pipeline permit shall be accompanied by two full -size paper sets, one
experience with previous applications. Language
pages 63 & 64
11 x17 paper set and one pdf electronic set showing all of the items described in
better defines submittal requirements.
subsection (b)(2) above. Any application that is returned as incomplete, the
administrator shall provide notice to the pipeline operator of the deficiencies.
Page 18