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WS Item 4 SummaryPage 1 Ordinance 880 -A: Summary of Changes .8-10-11 Section Change Justification Sec. 9.5 -222. Definitions Drill site: The entire area or acreage used during the drilling, re- drilling or re- working of a well or page 3 wells including storage, trailers, parking and equipment areas. A drill site includes an operation CC directive site. Sec. 9.5 -222. Definitions Fresh Water Intermittent Stream: A body of water that flows only at certain times of the year in a Staff added definition to provide 2 page 4 natural or man — made channel. It can be identified by a "broken blue line" on the United States consistency with added language to on- Geological Survey maps. site operations requirements. Sec. 9.5 -222. Definitions Fresh Water Perennial Stream: A body of water flowing in a natural or man -made channel year - "continuous Staff added language to give reference to 3 page 4 round exce t durin eriods of drou ht. It can be identified b a blue line" on the p g p g y USGS maps. United States Geological Survey maps. Sec. 9.5 -222. Definitions Staff added definition to provide 4 page 4 Fresh Water Pond or Lake: An inland body of standing water typically artificially created. consistency with added language to on- site operations requirements. Sec. 9.5 -223. Variance procedure (2) The director of planning and development services shall review the application and shall place 5 page 8 each variance request on the city council agenda for consideration. In considering the variance the CC directive city council may take into account the following: In order to be approved, a proposed variance must receive the affirmative vote of a majority of the members of the city council then present; provided, however, that with respect to a variance from the provisions of division 2, §§ 9.5- 230 - -9.5 -252 if a proposed variance relates to a drill site for which a three - fourths vote of all members of the city council was required pursuant to the provisions of section 45 of the zoning ordinance, in order to be approved, the proposed variance Sec. 9.5 -223. Variance procedure must then receive the affirmative vote of three - fourths of all members of the city council, whether 6 page 9 present or not. The details of each action granting or denying the requested variance shall be CC directive recorded and entered in the files of the city secreta and the director of p lanning and development Y y p g p services shall forward a letter to the operator stating whether the city council has approved or denied the variance request and listing any conditions placed upon an approval. * numerous previous references to "pad site" have been changed to read "drill site" where applicable Page 1 Page 2 Section Change Justification (b) The following applies to a variance request filed concurrently with an application for a 7 Sec. 9.5 -223. Variance procedure Specific Use Permit for gas and oil well drilling and production. CC directive page 9 * all previous references to "oil and gas" have been changed to read "gas and oil" A variance application that accompanies an application for a specific use permit shall be considered in conjunction with specific use permit application by the City Council following a 8 Sec. 9.5 -223. Variance procedure recommendation by the Planning and Zoning Commission. Each variance request will be listed as CC directive e 9 page a separate item on both the Planning and Zoning Commission and City Council agendas. The p g g Y g Planning and Zoning Commission and City Council mad take separate action on each variance request or may consider all variances collectively. Proof of insurance in the form of a standard commercial general liability insurance bond. This Staff added language to provide p Sec. 9.5 -233. Seismic survey coverage must include premises, operation, products, completed operations, sudden or accidental consistency between the application 9 permit required page 13 pollution, blanket contractual liability, form property damage, independent contractors' Y ' p p Y g p requirements and the language added to protective liability and personal injury. This coverage shall be a minimum combined single limit of the insurance requirements q one million dollars ($1,000,000) per occurrence location for bodily injury and property damage 10 Sec. 9.5 -233. Seismic survey permit required page 13 A detailed ma showing he locations of all vibration and eo hone points p g g p p ua Staff recommended added language. g g Every application for a well permit shall be in writing, signed by the operator or person duly Sec. 9.5 -234. Application and review of pp authorized to sign on the operator's behalf, and filed with the department of planning and 11 well permit page 13 development services. A separate application is required for each well bore. The City may engage CC directive a third art consultant or e to review information submitted b the a p p licant for comp liance p Y g Y pp p with this ordinance and verification of the submittal information. All current material safety data sheets (MSDS) detailing the hazardous materials that will be located, stored, transported and /or used at the drill site (including site preparation, boring, Sec. 9.5 -234. Application and review of completion, fracturing (or similar programs) and production) shall be provided to the inspector and 12 well permit page 15 fire marshal. The MSDS shall indicate all types, volumes and concentration of all additives used in CC directive the ro osed drilling, completion and fracturing similar programs). MSDS sheets must be p p g� p g provided quarterly to the City consistent with the requirements of section 9.5 -242 (t) of the this Article; and Page 2 Page 3 Section Change Justification A noise management plan complying with all requirements of the city, prepared by a noise control engineer or other qualified person approved by the inspector, for any equipment used in the drilling, completion or production of a well as required in section 9.5 -243, hereof, or, if a specific use permit has already been approved for the drill site, a copy of the noise management plan previously approved. The noise management plan shall address the following: a) Indentify noise impacts; Staff added language to provide p 13 Sec. 9.5 -234. Application and review of b ) daytime and Establish the ambient noise level for both the nighttime g httime hours; onsistency between the application well permit a 15 & 16 es p pages requirements and the Ian ua a added to q language c Indentif all noise mitigation techniques that will be implemented on the site including Y g q p g the on -site operation requirements. blankets /curtains, sound walls, and mufflers for generators and motors; d) Best management practices used to reduce the impact of noisier operations such as pipe deliveries, use of horns for communication, tripping and fracturing; and e) Mitigation of pure tone and low tone frequency noise. Sec. 9.5 -234. Application and review of A signage plan complying with all requirements of the railroad commission for both the drill site and 14 well permit page 16 pipelines, or, if a specific use permit has already been approved for the drill or operation site, a CC directive co of the si na a Ian previously approved; and copy g g p p Y pp rove A screening, fencing and landscape plan detailing compliance with all landscape and screening 15 Sec. 9.5 -234. Application and review of requirements required by city ordinance, or, if a specific use permit has already been approved for CC directive well permit page 16 the drill or operation site, a copy of the screening, fencing and landscape plan previously approved; and A landscape irrigation plan as designed by a State of Texas licensed landscape architect detailing the appropriate type of irrigation for the site; measures to be taken to adequately irrigate all 16 Sec. 9.5 -234. Application and review of landscaping, including indicating the water source for irrigation and the proposed efforts to replace CC directive well permit page 16 dead or dying screening vegetation, or, if a specific use permit has already been approved for the drill or operation site, a copy of the landscape irrigation plan previously approved. All trees on site shall be irrigated by a bubbler system ; and Page 3 Page 4 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, completion and other activities at the drill site „° the immediate surroundings. Specific elements shall include, but are not limited to: A Sec. 9.5 -234. Application and review of quarterly leak detection monitoring program, methods and equipment for emission measurements, 17 well permit page 17 and a response plan to address emergency issues, if they arise; and any other information required CC directive b the Specific Use Permit or the administrator. Monitoring shall include evaluation of potential Y p g p impact to air, soil, surface water, and groundwater. Quarterly reporting of the monitoring results to the 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. (45) A continuous air quality monitoring plan that addresses the requirements outlined in section 9.5 -242 (q) of this Article. (46) A continuous water testing plan that addresses the requirements outlined in section 9.5 -242 (gg) of this Article. (47) A traffic impact analysis study, which includes but is not limited to, proposed truck routes, types and weights of trucks and vehicles accessing the drill site, hours of the day that truck and Staff added language to tie in the vehicle traffic will be entering and leaving the site, days of the week that truck and vehicle traffic application requirements to what was Sec. 9.5 -234. Application and review of will be entering and leaving the site, turning movements associated with truck and vehicle traffic, added to the on -site operation 18 well permit pages 17 & 18 proposed proposed access points and ro osed traffic control devices. requirements. (48) Colored renderings of the site as viewed from all adjacent rights of way showing site And, to add the requirement for a traffic elevations, screening walls and other landscaping and screening at the site. impact analysis (CC directive) (49) A line of site analysis which illustrates that permanent equipment on the site such as tanks, dehydrators, separators, vapor recovery systems and Christmas trees will be screened and not visible from adjacent rights of way or residential properties and addressing the requirements outlined in section 9.5 -242 (h) of this Article. (50) A list of green compounds that will be employed in the fracturing /drilling process. Page 4 Page 5 Section Change Justification Sec. 9.5 -239. Periodic re p orts A quarterly extended gas analysis report must be provided to the City once completion or fracturing 19 page 24 begins. The report must be in a format and include data as specified by the City's gas consultant CC directive or petroleum engineer. 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. No permanent equipment shall be visible from the adjacent rights of way or from residential properties. No permanent equipment on the drill site shall be a higher elevation than the associated screening wall. Only devices such as antennas, lightning arrestors, or other related devices may extend 20 Sec. 9.5 -242. On -site operation above the height of the screening wall. Such wall must be completed within 60 days of completion CC directive requirements page 27 of drilling or as required by the city council as a condition of the specific use permit. The masonry perimeter wall shall have an architectural metal gate that shall remain locked when the operator or operator's employees are not within the enclosure. In addition to the 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 found in the Southlake Comprehensive Faster Plan, as it may be amended. Air testing. Continuous air testing is required as soon as the first well is fractured or completed and must be maintained continuously until the well site is abandoned. Testing and air monitoring equipment used must be consistent with City - established methodology, as required by the applicable Specific Use Permit. If requested, the operator may witness testing conducted by the 21 Sec. 9.5 -242. On -site operation city consultant. The operator shall be responsible for the cost of all monitoring equipment. The CC directive re requirements page 28 q p g location of the continuous monitoring equipment will be determined b city consultant with the g Y Y operator's representative present during installation. A gas chromatograph or a similar air monitoring testing system approved by City Council is required. The operator and /or City shall seek incorporation of all data generated into the Texas Commission on Environmental Quality air monitoring program. Page 5 Page 6 Section Change Justification Blowout prevention. In all cases, the operator shall install and utilize blowout prevention equipment such as a downhole preventer valve and a blind shear ram on all wells being drilled, re- worked, worked -over or in which tubing is being changed. Protection shall be provided to prevent blowout and /or loss of well control during oil and /or gas operations as required by and in conformance with 22 Sec. 9.5 -242. On -site operation the requirements of the railroad commission and the recommendations of the American Petroleum CC directive requirements page 28 Institute. 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 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 current material safety data sheets (MSDSs) for all chemicals and /or hazardous materials on site and shall provide the city with updated copies on a quarterly basis to address additional products that may Staff added language to provide 23 Sec. 9.5 -242. On -site operation have been introduced or to remove previously listed products that may have been discontinued. consistency between the definition and requirements pages 28 & 29 The operator shall comply with all applicable federal and state regulatory requirements for the text. proper labeling of containers. The operator shall take all appropriate pollution prevention actions including 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 stormwater and weather elements. The site shall not be used for long -term storage of additives. Page 6 Page 7 Section Change Justification 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 CC directive - making his regulation g re g 24 Sec. 9.5 -242. On -site operation injury or annoyance of persons living in the vicinity. The operator shall maintain all aspects of the consistent with other City ordinances that requirements pages 29 & 30 p g site and structures thereon in good operating condition and good appearance. Proven g p g g pp earance regulate construction sites. technological improvements in industry standards of drilling and production in this area shall be 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 comply with the regulations set forth in the City's Erosion and Sediment Control and Illicit Discharge Ordinances. 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 Sec. 9.5 -242. On -site operation with any additions, modifications, and /or amendments concerning all construction related activities, 25 requirements page 30 oil and /or natural gas operations and production. Updated plans shall be submitted to the inspector CC directive and fire marshal within two business days after an additions modifications and /or amendments to y 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, a blowout contingency plan and a loss of well control plan. Page 7 Page 8 Section Change Justification Fresh water wells , Fresh Water Perennial Streams, Fresh Water Intermittent Streams, Freshwater Honds, and/ or Wetlancls . 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 Sec. 9.5 -242. On -site operation external corrosion, unless the inspector approves an alternative method of protecting the language p Staff added Ian to ass all encomp a 26 requirements page 30 production casing from external corrosion. The operator of a well shall provide the inspector with a '� "and " possible nearby water ways. p ost-drilling" pre anal analysis and flow rate from an existing Y Y g fresh water well within 2,000 feet of the well and any existing fresh water perennial or intermittent stream, pond, or wetland within TBD feet of the well. Such water tests shall conform to the methodology prescribed by the applicable Specific Use permit and the following testing requirements: Well, stream, pond and /or wetland water samples shall be obtained by the third party consultant Staff added language to encompass all 27 Sec. 9.5 -242. On -site operation and analyzed prior to any construction activity to document baseline water quality data. Continuous possible nearby water ways. requirements page 31 quarterly water testing shall begin once construction of the site begins and shall continue until abandonment of all wells on the pad site. And revised language per CC directive Sec. 9.5 - 242. On - site operation Parameters to be tested for, include, but are not limited to, TDS, Chlorides, VOC's and TPH, 28 e page requirements a 31 g ases ( methane , � g et com dissolved ethane TPH fractioned SVOC's HAP and other tar ounds p CC directive based on drilling and fracturing additives disclosed by the operator. 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 appropriate personal protective equipment. The inspector or 29 Sec. 9.5 -242. On -site operation city consultant must be provided with access to all relevant reports associated with the setting of CC directive re a requirements es 33 & 34 q p ages the casing The operator shall provide the city with 72 - hours notice prior to setting the well casing. g p p Y p g The downhole preventer valve and 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 corrective measures must be implemented to repair the failure and ensure the pressure integrity of the casing string before conducting subsequent operations. 30 Sec. 9.5 -242. On -site operation Thermal Oxidizer. A thermal oxidizer shall be required at times deemed necessary by the city's CC directive requirements page 34 inspector or consultant. Page 8 Page 9 Section Change Justification Watchperson. The operator must keep a watchman or security personnel at all times on -site 31 Sec. 9.5 -242. On -site operation during the drilling or re- working of a well when other workmen are not on the premises. (Discuss if CC directive - pending discussion requirements page 34 a security guard should be required on site 24/7 after drilling operations cease and production begins) Security camera(s). The operator shall at all times after the temporary perimeter fence is in place, have installed a minimum of one 24 -hour operating security camera inside the perimeter fence, and 32 Sec. 9.5 -242. On -site operation post on the fencing of the site signs indicating that any activity on the site may be recorded by CC directive requirements page 36 video surveillance. The location of the 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: Fracturing operations shall be scheduled to occur during daytime hours. The operator shall add 33 Sec. 9.5 -244. Workover or re- working of non - radioactive tracing or tagging additives into fracturing fluids and the gas and oil inspector and CC directive well; notice page 41 the city's consultant shall be notified, in writing, of the formula identifying such additive(s). The written formula submitted by the operator shall be unique for each permitted drill site. Page 9