WS Item 4 ■ m.
Work Session Item 4 - Ordinance 880 Revisions
1. Ordinance 880 -B
2. Updated Summary of Changes
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Work Session Draft — August 23, 2011
From Chapter 9.5 of the City of Southlake 's City Code
ARTICLE IV.
OIL AND GAS WELL DRILLING AND PRODUCTION*
* Editors Note: Ord. No. 880 -A, § 2, adopted May 20, 2008, set out provisions amending Art. IV, §§ 9.5- 251 - -9.5 -355. These
I provisions have been renumbered as Art. IV, §§ 9.5- 221 - -9.5 -299, at the editor's discretion, to maintain inclusion of existing Art. V,
§§ 9.5- 306 - -9.5 -355.
I DIVISION 1.
GENERAL PROVISIONS
Sec. 9.5 -221. Purpose and intent.
The exploration, development, and production and transportation of oil and gas in the city are activities
that necessitate reasonable regulation to ensure that all property owners, both mineral and surface, have the right
to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this
article to establish safeguards and regulations for operations related to the exploring, drilling, producing,
transporting and storing of oil and gas and other substances produced in association with oil and gas production
within the city to protect the health, safety and general welfare of the public, minimize the potential impact to
property owners, both surface and mineral, protect the quality of the environment, and provide for the orderly
development of available mineral resources.
(Ord. No. 880, § 2A, 10 -5 -04; Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 222. Definitions.
All technical industry words or phrases related to the drilling and production of wells not specifically
defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas
industry. For the purposes of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
Administrator: The city manager or the city manager's designated representative assigned to administer
this article.
Abandonment: "Abandonment" as defined by the railroad commission and includes the plugging of the
well and restoration of the drill site as required by this article.
All - weather surface: A surface that consists of a minimum of six inches of compacted class II base rock
for grades up to and including five percent, oil and screened for grades up to and including 15 percent, and
asphalt or concrete pavement with a non -skid finish for grades exceeding 15 percent to a maximum of 20
percent on a fire apparatus access road.
Ambient noise level: The all encompassing noise level associated with a given environment, being a
composite of sounds from all sources at the location, constituting the normal or existing level of environmental
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noise at a given location.
Applicant: A person requesting a permit or certificate for the drilling, operation and production of a
well, or the installation or operation of a pipeline, as the case may be, is issued under this article, including but
not limited to the applicant's heirs, legal representatives, successors or assigns.
Blind/shear ram: an integral part of a blowout preventer, which serves as the closing element to an open
hole. Its ends do not fit around the drill pipe but seal against each other and shut off the space below
completely.
Blowout preventer: A mechanical, hydraulic, pneumatic, or other device or combination of such devices
secured to the top of the well casing, including valves, fittings and control mechanisms connected therewith,
which can be closed around the drill pipe or other tubular goods which completely close the top of the casing
and are designed to prevent blow outs.
Base flood :: The flood having a one percent chance of being equaled or exceeded in any given year.
Building: Any structure used or intended for supporting or sheltering any use or occupancy, which
includes, but not limited to all related site work and placement of construction materials on the site.
Completion of drilling, re drilling and re working: The date the work is completed for drilling, re-
drilling or re- working and the crew is released by completing its work or contracted by its employer.
Compression facility: Those facilities that compress natural gas after production- related activities occur.
Construction: Causing or carrying out any building, bulk head, filling, clearing, excavation or
substantial improvement to land or to the size of any structure.
City: The City of Southlake, Texas.
City council: The City Council of the City of Southlake.
Closed loop mud system: An enclosed suite of solids control equipment used for mud circulation and
intended to minimize drilling fluid dilution to provide for handling of the drilling wastes so that reserve pits are
not used.
Christmas tree: the control valves, pressure gauges, and chokes assembled at the top of a well to control
the flow of oil and gas after the well has been drilled and completed. It is used when reservoir pressure is
sufficient to cause reservoir fluids to flow to the surface.
Daytime: The period from 7:00 a.m. to 7:00 p.m.
Dedication: A transfer of an interest in real property to the city for purposes of complying with
regulatory requirements, including but not limited to a permanent easement or fee simple title for a specific
purpose.
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Derrick :: Any portable framework, tower, mast and/or structure that is required or used in connection
with drilling or re- working a well for the production of oil and/or gas.
Drilling: Digging or boring a new well for the purpose of exploring for, developing or producing oil
and/or gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into
the earth.
Drilling equipment: The derrick, draw works, power plant, rotary table, pumps, together with all parts of
an apparatus to such structure, every piece of apparatus, machinery or equipment used in connection with
drilling and operations.
Drill site: The entire area or acreage used during the drilling, re- drilling or re- working of a well or wells
including storage, trailers, parking and equipment areas. A drill site includes an operation site.
Environmentally sensitive area: Either (1) an area under the jurisdiction of the U.S. Army Corps of
Engineers where scientific, ecological, cultural or aesthetic features have been identified by the Corps of
Engineers, or (2) an area designated in the environmental resource protection map as identified in the Southlake
Comprehensive Master Plan, as amended, or both.
Established pipeline corridor: Either (1) an area within a public right of way in which city -owned and/or
franchised utilities are already located or within which franchised utilities are to be located, or (2) a utility
easement created to contain either (a) a utility other than a pipeline; or (b) a pipeline which pre- existed the
pipeline under consideration, provided the location of such pipeline has been approved as part of a specific use
permit or a variance has been granted under this article; or (3) an easement for a pipeline which was in existence
prior to the effective date of this article.
Exploration: Geologic or geophysical activities, including but not limited to surveying and seismic
exploration, related to the search for oil and gas or other sub - surface hydrocarbons.
Excavation: Any movement or alteration of the surface of the ground by machinery in conjunction with
or anticipation of drilling activities or construction of a pipeline, including but not limited to scraping or grading
a site.
Filling: Any addition of rock, dirt, soil, or other earthen material in conjunction with or anticipation of
drilling activities or construction of a pipeline, including but not limited to, disposal of excavated materials.
Floodplain: Any land area susceptible to a general and temporary condition of partial or complete
inundation of normally dry land areas in a base flood from overflow of inland waters or from the unusual and
rapid accumulation or runoff of surface waters from any source, as designated by the city, the Federal
Emergency Management Agency, the U.S. Army Corps of Engineers, or other regulatory authority.
Frac, fracture or fracturing: The process of fracture stimulation of a rock formation, including but not
limited to the process of pumping sand laden fluids down a well, or any other means used, to stimulate a rock
formation.
Franchise: An agreement between a utility provider and the city authorizing such utility to utilize public
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rights of way for the location of such utility's service lines for the purpose of providing utility services to the
public located within the city.
Franchised utility: An entity authorized to provide utility services to the city pursuant to a franchise
agreement with the city; provided, however, that such definition shall not extend to any pipelines or other utility
lines which collect or transport gas, hazardous liquids or chemicals from wells located within the city into a
larger pipeline system, regardless of whether such pipelines are owned by an entity which holds a franchise
within the city for other purposes.
Fresh Water Intermittent Stream: A body of water that flows only at certain times of the year in a
natural or man — made channel. It can be identified by a "broken blue line" on the United States Geological
Survey maps.
Fresh Water Perennial Stream: A body of water flowing in a natural or man -made channel year- round,
except during periods of drought. It can be identified by a "continuous blue line" on the United States
Geological Survey maps.
Fresh Water Pond or Lake: An inland body of standing water typically artificially created.
Gas: Any fluid, either combustible or noncombustible, which is produced in a natural state from the
earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the
gaseous components or vapors occurring in or derived from petroleum or natural gas, and/or any material
defined or referred to as "gas" in the rules, regulations or forms of the railroad commission.
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 handle high pressure, high rate flowback
fluids so as to safely handle and to sell the natural gas produced during flowback period; using flowback
equipment to separate sand, water and gas during initial flowback; having a sales line in place prior to
completion of the fracturing process; using the recommended technologies and practices outlined in the U.S.
Environmental Protection Agency Natural Gas STAR Program and also including, but not limited to, vapor
recovery systems, no -bleed pneumatic valves, flaring and venting bans, and electric compressors_
Habitable structures: Structures suitable for human habitation or occupation, including but not limited
to single or multifamily residences, hotels, condominium buildings, public buildings, buildings for commercial
or industrial purposes and enclosed spaces in which individuals congregate for education, worship, amusement,
or similar purposes, or in which occupants are engaged at labor, which is equipped with means of egress, light
and ventilation facilities. Each building of a condominium regime is considered a separate habitable structure.
but if a building is divided into apartments, then the entire building, not the individual apartments, is considered
a single habitable structure. A habitable structure shall not include accessory buildings, garages and sheds. Any
structure for which a certificate of occupancy is required shall be deemed to be a habitable structure.
Hazardous liquid: Any liquid identified as hazardous by any federal or state law or regulation, including
but not limited to those liquids defined by the railroad commission at 16 Texas Administrative Code, section
7.80, Definitions, as amended, specifically including but not limited to, petroleum or any petroleum product,
and any substance or material which is in a liquid state when transported by pipeline facilities and which has
been determined by the U.S. Secretary of Transportation to pose an unreasonable risk to life or property when
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transported by pipeline facilities. The term shall be enlarged to include liquefied natural gas and anhydrous
ammonia should such materials at any time be introduced into any pipeline subject to this article. It shall also
include carbon dioxide, defined at 49 CFR 192.2 as a fluid consisting of more than 90 percent carbon dioxide
molecules compressed to a supercritical state.
Hazardous materials management plan: The hazardous materials management plan and hazardous
materials inventory statements required by the fire code.
Idled pipeline: A pipeline that has been inactive for at least two years, regardless of whether there may
be specific plans to reactivate the pipeline.
Inactive pipeline: A pipeline that has temporarily been taken out of service for a period of at least six
months for hazardous materials or hazardous liquids, or for a period of at least one year for natural gas, with the
expectation that the pipeline may be reactivated within two years, even though there may be no specific plans to
reactivate the pipeline.
Inspector: The gas and oil and gas inspector designated by the administrator.
Leak Detection and Repair (LDAR) Program - A Best Practices Pamphlet — An Environmental
Protection Agency brochure that outlines a model for a successful LDAR program.
Line marker: A marker identifying the location of a buried pipeline, as further defined in 49 CFR
192.707.
Lightning arrester: A device incorporated into an electrical system to prevent damage by heavy surges
of high- voltage electricity, such as a stroke of lightning or voltage surges resulting from mishaps in operations.
New pipelines: Pipelines constructed after the effective date of this article, provided that the following
shall not be included; (a) the replacement or repair of any existing pipeline; (b) the realignment of a portion of
an existing pipeline to a position that is not greater than 50 feet from its original position; or (c) surface
appurtenances added to existing pipelines.
New well: A new well bore or new hole established at the ground surface and shall not include the re-
working of an existing well that has not been abandoned unless the re- working involves drilling to a deeper total
depth.
Nighttime: The period commencing at 7 :00 p.m. and ending at 7 :00 a.m.
Operation site: The area used for development and production of gas and oil and gas and all related
operational activities after drilling activities are complete.
Operations: Activities leading to and supporting the production of oil, gas and /or other hydrocarbons.
Operator: The person listed on the railroad commission form W -1 or form P -4 for a well as the person
that is, has applied for, or will be, actually in charge and in control of drilling, maintaining, operating, pumping
or controlling any well including, without limitation, a unit operator. If the operator, as defined herein, for any
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well is not the lessee of any premises affected by the provisions of this article, then such lessee shall also be
deemed to be an operator. In the event there is no oil and gas lease relating to any premises affected by this
article, the owner of the fee mineral estate in the premises shall also be deemed an operator.
Pad site: The area around a well that serves as a foundation for the drilling rig.
Permittee: Any person authorized to act under a permit or a certificate issued by the city.
Person: An individual, firm, corporation, association, partnership, consortium, joint venture,
commercial entity, other non - corporeal legal entity, the U.S. Government, a state, a municipality, commission,
political subdivision or any international or interstate body or any other governmental entity.
Pipeline: All parts of those physical facilities through which gas, hazardous liquids or chemicals move
in transportation, including but not limited to pipe, valves and other appurtenance attached to pipe, whether or
not laid in public or private easement or public or private right of way within the city, including but not limited
to gathering lines, production lines and transmission lines.
Pipeline or well emergency: A pipeline or well incident in which any of the following has occurred or is
occurring:
(1) Fire or explosion not intentionally initiated by the operator as part of its normal and customary
operations (in accordance with accepted safety practices).
(2) Release of a gas, hazardous liquid or chemical that could adversely impact the environment or
health of individuals, livestock domestic animals and/or wildlife within the city.
(3) Death of any person or individual directly attributable to the operations of the pipeline or well.
(4) Bodily harm to any person that results in any of the following: loss of consciousness, the need to
assist a person from the scene of the incident, or the necessity of medical treatment in excess of
first aid.
(5) Damage to private or public property not owned by the well operator or the pipeline operator, as
the case may be, in excess of $5,000.00 in combined values, as determined by the administrator.
(6) The rerouting of traffic or the evacuation of buildings.
Pipeline permit: A permit applied for and issued or denied pursuant to this article authorizing the
movement of gas, oil, water or other products through a pipeline.
Pipeline review committee: A committee, consisting of the city engineer, fire marshal, inspector, city
director of planning and development services and, if necessary, a third -party technical advisor, appointed to
seek resolution of any substantive, non - resolvable technical issues related to the issuance of a pipeline permit.
Pipeline operator: Any person owning, operating or responsible for operating a pipeline.
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Practicable: That which reasonably may be accomplished, considering the effectiveness, scientific
feasibility and commercial availability of current technology and/or techniques, and cost, as determined by the
pipeline review committee.
Private residential areas: Any area which is within the territorial limits of the city subject to a
temporary or permanent residential or multifamily zoning classification or any area which is designated as
residential or multifamily in the Southlake Comprehensive Master Plan, as amended, or both.
Railroad commission: The Railroad Commission of Texas.
Regulated pipeline: Those pipelines within the city that under federal and state rules and regulations are
not exempt from city regulations and ordinances regarding construction standards, safety standards or reporting
requirements.
Residence: A building used or intended to be used as a place of general abode or dwelling place.
Road repair agreement: A written agreement obligating the operator to repair damage, excluding
ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or
its employees, agents, contractors, subcontractors or representatives in the performance of drilling or production
of any wells authorized by the city.
Supervisory Control and Data Acquisition (SCADA): A system that collects data from various sensors on
the drill site equipment or in close proximity efto the drill site and sends this data to a central computer, which
then e-an manages and controls the equipment. The system usually includes signal hardware (input and output),
controllers, networks, user interface (HMI), communications equipment and software. A key process of
SCADA is the ability to monitor an entire system in real time. ThisThe system is facilitated by data acquisitions
including, but not limited to, meter reading, • _ . . - - - , - - . and sensor status monitoring,
which are communicated at regular intervals depending on the system.
Specific use permit: A permit recommended by the planning and zoning commission and authorized by
the city council for the use of land or structures in accordance with the provisions of section 45 of the zoning
ordinance.
Southlake Comprehensive Master Plan: The City of Southlake Comprehensive Master Plan, as
amended, consisting of multiple elements, as adopted by the city council.
Street: The entire width between the boundary lines of the street right of way that is open to the use of
the public for purposes of vehicular travel.
Street right of way: Land dedicated by plat, easement or by fee simple, or qualifies as a prescriptive
easement, or prescriptive right of way, for the use and construction of a street or roadway, including any
sidewalks and /or adjacent areas included in such dedication.
Structure: Without limitation, any building, or combination of related components constructed in an
ordered scheme that constitutes a work or improvement constructed on or affixed to land, including but not
limited to habitable structures, partially enclosed structures, and enclosed tanks.
Tank battery: Point of collection (tanks) and disbursement (tank, meter, lease automated custody
transfer unit) of oil or gas from producing well(s).
Technical advisor: A person(s) familiar with and educated in the oil and gas industry or the law as it
relates to oil and gas matters who may be retained from time to time by the city.
Unregulated pipeline: Those pipelines within the city that under federal and state rules and regulations
are exempt from city regulations and ordinances regarding construction standards, safety standards or reporting
requirements.
Well: A hole or bore to any horizon, formation, or strata for the purpose of producing gas, oil, or other
hydrocarbons.
Well permit: A permit applied for and issued or denied pursuant to this article authorizing the drilling,
production, and operation of one or more wells.
Workover operations: Work performed in a well after its completion in an effort to secure production
where there has been none, restore production that has ceased or increase production.
Zoning ordinance: The Zoning Ordinance of the City of Southlake, Texas, as it may be amended.
(Ord. No. 880, § 2B, 10 -5 -04; Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -223. Variance procedure.
(a) The following procedures apply to a variance request made subsequent to the issuance of a Specific
Use Permit for gas-and-oil and gas well drilling and production
(1) 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 director of planning and
development services a written request for variance. The request must include the following, where applicable;
provided, however, that the provision of the information below does not automatically result in the approval of
the variance request:
(a) Description of the requested variance and an explanation of why it should be granted; and
(b) Description of alternatives considered and why each is not the preferred alternative; and
(c) Description of the economic consequences if the variance is not granted; and
(d) Description of how the level of health, safety and welfare of the public will be maintained if the
variance is granted; and
(e) A site plan of the site visually depicting the requested variance if the request for the variance
involves the location or orientation of persons or property; and
(f) A notarized consent form signed by all owners of both the affected surface and mineral interests.
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(2) The director of planning and development services shall review the application and shall place
each variance request on the city council agenda for consideration. In considering the variance the city council
may take into account the following:
(a) Whether the operations proposed are safe and reasonable under the circumstances and conditions
prevailing in the area, considering the particular location and the character of the improvements
located there; and
(b) How the operations proposed compare to available alternatives; and
(c) Whether the operations proposed would conflict with the orderly growth and development of the
city; and
(d) The economic consequence if the variance is not granted; and
(e) Whether the operations proposed adequately protect the health, safety and welfare of the public;
and
(f) Whether the operations proposed provide acceptable access for fire personnel and firefighting
equipment.
(3) 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 must then receive the affirmative vote of
three - fourths of all members of the city council, whether present or not. The details of each action granting or
denying the requested variance shall be recorded and entered in the files of the city secretary and the director of
planning and development 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.
(4) The variance request shall be deemed approved if, within 45 days after the administrator issues a
written determination that the variance request is administratively complete, the administrator does not place the
variance request on the agenda for city council consideration.
(b) The following applies to a variance request filed concurrently with an application for a Specific Use
Permit for gas-and-oil and gas well drilling and production.
(1) 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 recommendation
by the Planning and Zoning Commission. Each variance request will be listed as a separate item on both the
Planning and Zoning Commission and City Council agendas. -The Planning and Zoning Commission and City
Council may take separate action on each variance request or may consider all variances collectively.
(Ord. No. 880 -A, § 2, 5- 20 -08)
(2) Each variance request application submitted in conjunction with a Specific Use Permit shall
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include all information required under section 9.5- 223(1)(a -f) and the City Council and Planning and Zoning
Commission may consider the factors set forth in section 9.5- 223(2)(a -f) when evaluating a variance request.
Sec. 9.5 - 224. Appeal procedure.
(a) An operator, pipeline operator or other person adversely affected by a decision of the director of
planning and development services or the administrator under this article may appeal such decision by filing
written notice of such appeal to both the director of planning and development services and /or the administrator
within ten business days of notice of such adverse decision. The notice of appeal must state the appellant's
desire to appeal, the ruling from which the appellant desires to appeal and the relief or ruling sought. Any such
appeal shall be to the city council. The city council, by the affirmative vote of a majority of the members then
present, may affirm, reverse or modify the decision of the director or administrator. The decision of the city
council concerning an appeal under this article shall be final. The decision being appealed shall be suspended
pending such appeal, unless the administrator determines that such suspension endangers the public health and
safety, in which case the filing of a notice of appeal shall not act to suspend the decision of the administrator.
(b) Any appeal shall be governed by the following rules and procedures:
(1) Such appeal shall be set as an item on the regular city council agenda.
(2) The appellant shall bear the burden of persuasion that the ruling being appealed is in error and
shall bear the burden of proof on such matter.
(3) No formal testimony or swearing of witnesses shall be required, and the city council may
consider facts or evidence as the city council determines is appropriate. The director or
administrator shall present the facts and evidence relied upon by the director or administrator and
the reasons for the ruling; the appellant shall then have an opportunity to present the facts and
evidence relied upon by the appellant; the city council shall then consider any facts or evidence
from the public or other interested persons. The city council may ask questions of the director,
administrator, appellant and any other interested persons as the city council determines is
appropriate. The city council may limit the time for any presentation in its sole discretion.
(4) Upon the conclusion of the hearing, the city council shall then render its decision. Any appeal
shall be determined by majority vote of the members of the city council then present.
(5) Written documents or evidence which any party wishes to submit must be filed with the director
and administrator and submitted to the city council no less than three business days prior to the
appeal hearing.
(c) No appeal for the same or related issue on the same piece of property shall be allowed from a
previous ruling on any appeal absent a material change of circumstances. If the appellant asserts such a change
of circumstances and seeks rehearing of an appeal, such appeal need not be considered unless the applicant
presents in writing evidence establishing such change of circumstances. Any such subsequent appeal shall be
considered entirely on its merits and the peculiar and specific conditions related to the property on which the
appeal is brought.
(Ord. No. 880 -A, § 2, 5- 20 -08)
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Sec. 9.5 -225. Takings Determination.
(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.
(c) The appeal shall state the reasons that the applicant believes would support a finding that the
City's actions constitute a taking under the Texas or United States 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.
Secs. 9.5- 226 - -9.5 -229. Reserved.
DIVISION 2.
GLAND -OIL AND GAS WELL DRILLING AND PRODUCTION
Sec. 9.5 -230. Specific use permit required.
The drilling and production of gas and /or oil within the city shall only be permitted by specific use
permit in accordance with section 45 of the zoning ordinance. A separate specific use permit shall be required
for each drill site, and shall apply to all wells permitted by such specific use permit on that drill site. All
applications for a specific use permit shall be accompanied by an application fee in the amount set in the city's
fee schedule. A site plan is required with the specific use permit application and must include all information
required by sections 40 and 45 of the zoning ordinance.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -231. Road repair agreement.
A statement of intent to enter into a road repair agreement shall be submitted in conjunction with the
application for specific use permit or seismic survey permit.: The terms of the road repair agreement must be
approved by the city council as a condition of the specific use permit and signed by the operator prior to the
issuance of any specific use permit. The administrator shall have the authority to execute the road repair
agreement on behalf of the city.
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(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -232. Well permit required.
(a) No person shall engage in the drilling, production or transportation of oil or gas within the city
without first obtaining a well permit.
(b) An application for a well permit and, if applicable, a pipeline permit must be filed with the city
concurrently with the application for a specific use permit; provided, however, that the city shall not be required
to consider the application for the well permit or the pipeline permit unless and until a specific use permit is
approved by the city council and all applicable regulations of this ordinance and all other applicable city, state
or federal regulations are met.
(c) When a well permit has been issued, the permit shall constitute authority for the drilling and
1 production of gas and oil and gas in accordance with the limitations set forth in this article. The laying of
pipelines shall require separate permitting in accordance with division 3 of this article.
(d) An original well permit shall not constitute authority for the re- entering and drilling of an
abandoned well. Re -entry and drilling of an abandoned well shall require a new well permit.
(e) No permits to drill shall be issued for wells within any public park (discussion).
(ef) In addition to obtaining a well permit and before establishing a drill site and access road, the
operator must obtain all other necessary permits, including a tree protection and earth disturbance permit from
the building inspections department. The operator shall also be required to demonstrate compliance with the
city's tree preservation ordinance, Ordinance No. 585 -C, (Code §§ 9.5- 371 - -9.5 -385) as amended.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -233. Seismic survey permit required.
(a) A separate seismic survey permit shall be required for all seismic surveys. The operator
conducting the seismic survey shall complete and submit a seismic survey application to the city containing, at a
minimum, the following information:
(1) Operator name, phone number, facsimile transmission number, address, and, if available, email
address; and
(2) If the operator is a corporation or other non - corporeal entity, the state of incorporation or
organization; or if the operator is a partnership, the names and addresses of the general partners;
and
(3) Location of seismic survey; and
(4) Date and time the seismic survey will be conducted; and
(5) Detailed explanation of the seismic survey method to be used on site; and
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(6) Date and time the seismic survey will be completed; and
(7) Identification of all staging areas; and
(8) Evidence or documentation that the activity will adhere to the requirements of the city's tree
preservation ordinance, Ordinance No. 585 -C, as it may be amended.
(b) Under no circumstances may explosive charges, including but not limited to the use of dynamite,
be used to conduct a seismic survey. In addition, the seismic survey activity shall be conducted in accordance
with all applicable city ordinances.
(c) A fee in the amount set in the city's fee schedule must accompany each seismic survey permit
application.
(d) No seismic activity shall be permitted on city -owned fee property without the express consent of,
and pursuant to the conditions established by, the City Council.
(e) No seismic activity shall be permitted within City owned rights of way or utility easements
without first entering into a license agreement with the City, prepared by the City Public Works Department.
(f) Proof of insurance in the form of a standard commercial general liability insurance bond. This
coverage must include premises, operation, products, completed operations, sudden or accidental pollution,
blanket contractual liability, broad form property damage, independent contractors' protective liability and
personal injury. This coverage shall be a minimum combined single limit of one million dollars ($1,000,000)
per occurrence location for bodily injury and property damage.
(g) A detailed map showing the locations of all vibration and geophone points.
(h) A road repair agreement as outlined in section 9.5 231 obligating the seismic operator to fund the
repair of any damage caused by the operator to City infrastructure.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 234. Application and review of well permit.
(a) Every application for a well permit shall be in writing, signed by the operator or person duly
authorized to sign on the operator's behalf, and filed with the department of planning and development services.
A separate application is required for each well bore. The City may engage a third party consultant or engineer
to review information submitted by the applicant for compliance with this ordinance and verification of the
submittal information. Submission information, Such as including, but not limited to, the plans, programs and
lists detailed in Section 9.5 -243 (b) must be approved by City Council with the initial gaswell permit
application considered in conjunction with the Sspecific muse 1?permit.
(b) Each well permit application shall contain the following information:
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(1) The date of the application; and
(2) An accurate legal description of the property to be used for the oil and/or gas operation, the
parcel, the production unit and name of the geologic formation as used by the railroad
commission. Property recorded by plat should be referenced by subdivision, block and lot
numbers, as applicable; and
(3) If a specific use permit has been approved for the proposed oil and gas operation, a list of all
requirements set forth in the approved specific use permit and a written summary of how those
requirements will be met; and
(4) A map showing the proposed transportation route identifying all public and private roads /routes
intended for use within the territorial limits of the city, which transportation route must be
consistent with the requirements of the specific use permit; and
(5) The proposed well name(s); and
(6) The surface owner name(s), phone number(s), address(es), and, if possible, email address(es);
and
(7) The mineral lessee name(s), phone number(s), address(es), and, if possible, email address(es);
and
(8) Operator name, phone number, facsimile transmission number, address, and, if available, e-mail
address; and
(9) If the operator is a corporation or other non - corporeal entity, the state of incorporation or
organization; or if the operator is a partnership, the names and addresses of the general partners;
and
(10) Name, phone number, address, and, if possible, email address of the individual designated to
receive notice on behalf of the operator; and
(11) Name of representative with supervisory authority over all oil and/or gas operation site activities
and a 24 -hour phone number; and
(12) Owner and address of each parcel of property within 1,000 feet of the parcel(s) on which the
proposed drill site is located; and
(13) A site plan of the proposed drill site and operation site depicting the color, height, size, bulk and
location of all structures and equipment specific to the proposed site, including but not limited to
all security cameras, lighting, utilities and the floodplain, and the location and description of all
improvements, structures, utilities and floodplain areas within 1,000 feet of the proposed drill
site; and
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•
(14) The name, address and 24 -hour phone number of the person to be notified in case of an
emergency; and
(15) The exact acreage and number of wells included in the specific use permit application; and
(16) Copies of all reports required by the railroad commission, specifically, including a copy of the
approved railroad commission form W -1 and/or P -4; and
(17) A signed statement of intent to execute a road repair agreement with the city as provided in this
article, or, if a specific use permit has already been approved for the drill site and a road repair
agreement signed, a copy of the signed road repair agreement; and
(18) A description of all fuel sources to be used at the proposed drill and operation site, including but
not limited to all public utilities needed during drilling and operation; and
(19) A description of the water source to be used during well fracturing, drilling and/or operations;
and
(20) A copy of the approved railroad commission permit to drill, including attachments and survey
plats that are applicable to the drill and /or operation sites; and
(21) A storm water pollution prevention plan complying with all requirements of the city; and
(22) A tree protection plan complying with all requirements of the city, or, if a specific use permit has
already been approved for the drill site, a copy of the tree protection plan previously approved;
and
(23) An erosion control plan complying with all requirements of the city, or, if a specific use permit
has already been approved for the drill site, a copy of the erosion control plan previously
approved; and
(24) A hazardous materials management plan complying with all requirements of the city, or, if a
specific use permit has already been approved for the drill site, a copy of the hazardous materials
management plan previously approved. The lghazardous materials management plan shall be en-
filed with the oil and gas inspector, Fire Chief and Fire Marshal. The hazardous materials plan
shall be kept current with any additions, modifications, ands amendments concerning all
construction related activities and oil and natural gas operations and
production. The plan shall include HAZMAT and fire department response times and updated
hazardous materials plans shall be submitted to the oil and gas inspector, Fire Marshal and Fire
Chief within two (2) business days of any additions, modifications, and /or amendments ; and and
(25) All current material safety data sheets (MSDS) detailing all the hazardous and non - hazardous
materials and chemicals that will be located, stored, transported and /or used at the drill site
(including site preparation, boring, completion, fracturing (or similar programs) and production)
shall be provided to the inspector and fire marshal. The MSDS shall indicate all types,
quantities, volumes and concentration of all additives used in the drilling, completion and
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fracturing (or similar programs). MSDS sheets must be provided quarterly to the City consistent
with the requirements of section 9.5 -242 (t) of this Article; and
(26) (26) An emergency response plan complying with all requirements of the city, or, if a
specific use permit has already been approved for the drill -site, a copy of the emergency
response plan previously approved_; Said plan shall use existing guidelines established by the
Railroad Commission, the Texas Commission on Environmental Quality, Texas Department of
Transportation ands the United States Environmental Protection Agency. The emergency
response plan shall be kept current with any additions, modifications, ands amendments
concerning all construction related activities and oil and{er gas operations and, oil and /or gas
production. Updated plans shall be submitted to the oil and gas inspector, Fire Chief and Fire
Marshal within two (2) business days after any additions, modifications, ands amendments -e-
are made. A copy of the emergency response plan shall be kept on -site. The
emergency response plan shall, at a minimum, provide for:
a. Prompt and effective response to emergencies regarding:
1. Leaks or releases that can impact public health, safety, welfare;
2.Fire, explosions, loss of well control or blow out at the well or in the vicinity of
an oil or gas well; and
3.Natural disasters;
b. Effective means to notify and communicate required and pertinent information to local fire,
police, and public officials during an emergency.-;
c. The availability of personnel, equipment, tools, and materials as necessary at the scene of an
emergency;
d. Measures to be taken to reduce public exposure to injury and the probability of accidental
death or dismemberment;
e. Fire Department and HAZMAT response times;
f. Emergency shut down of an oil or gas well and related site;
g. The safe restoration of service and operations following an emergency or incident; and
h. A follow -up incident investigation to determine the cause of the incident and require the
implementation of corrective measures (Discussion); and.
and
(27) 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
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r r
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;
b) Establish the ambient noise level for both the daytime and nighttime hours;
c) Indentify all noise mitigation techniques that will be implemented on the site including
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.
(28) A signage plan complying with all requirements of the railroad commission for both the drill site
and pipelines, or, if a specific use permit has already been approved for the drill or operation
site, a copy of the signage plan previously approved; and
(29) 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 drill or operation site, a copy of the screening, fencing and landscape plan previously
approved; and
(30) 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
landscaping, including indicating the water source for irrigation and the proposed efforts to
replace 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
(31) A fully executed third -party landscape maintenance agreement detailing the frequency and scope
of the landscaping services to be provided; and
(32) A copy of the determination by the Texas Commission on Environmental Quality (TCEQ) of the
depth of useable quality ground water; and
(33) Evidence of insurance and security meeting the minimum levels established by this article; and
(34) All materials required pursuant to division 3 of this article governing pipeline installation and
safety; and
(35) A copy of all applicable right of way encroachment agreements; and
(36) A dust mitigation plan detailing measures to be implemented to mitigate and suppress dust
generated at the drill site and the private vehicle access route, including a mud shaker for
17
vehicles exiting the site, or, if a specific use permit has already been approved for the drill site, a
copy of the dust mitigation plan previously approved; and
(37) A public education plan complying with the requirements of this article, or, if a specific use
permit has already been approved for the drill site, a copy of the public education plan previously
approved; and
(38) A description of how the proposed operations are consistent with and adhere to the Southlake
Comprehensive Master Plan, as amended; and
(39) A detailed evacuation plan addressing the evacuation strategy for a public or private school,
hospital, assisted living and/or nursing care facility (discussion) or daycare facility if any such
facility will be located within 1,250 feet of the proposed drill site; and, a detailed list of all
persons to be notified in the event of an evacuation, including, without limitation, all persons
residing within one -half (1/2) mile (2,640 feet) of the proposed drill site (discussion), or, if a
specific use permit has already been approved for the drill site, a copy of the evacuation plan
previously approved. The plan should address the methods that will be wed- employed to
notify individuals, businesses and facilities that an evacuation order is in effect; and
(40) A waste management plan that addresses human, solid and drilling production waste, or, if a
specific use permit has already been approved for the drill site, a copy of the waste management
plan previously approved.
(41) A leak detection and compliance plan to ensure that all site activities and equipment are in
compliance with applicable rules and regulations. The Pplan shall address the Best Management
Practices outlined by the Environmental Protection Agency's (EPA) Leak Detection and Repair
(LDAR) Program- Best Practice Pamphlet. This includes addressing regulatory requirements
and facility- specific procedures, data to be collected, personnel and description of their roles,
training; audits; contractor accountability; intemal leak definition; frequency of monitoring;
repairing of leaking components; electronic monitoring and storage of LDAR data; quality
assurance and control that EPA Method 21 procedures are being followed; verification that
LDAR personnel are monitoring the correct components in the proper manner;
calibration/calibration drift assessment; records maintenance;
-- - ...- ...- •... . •_, -,.... . -, . ...
for emission m asuremcnts, and a response plan to address emergency issues, if they arise; and
include and the evaluation of potential impact of leaks 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. -_
(42) A Green Completion plan that addresses equipment, techniques, practices and programs that will
be implemented to reduce emissions.
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(43) A gas dispersion model and a risk assessment study that includes a blowout contingency
assessment and a blast study conducted by an unaffiliated third party with a licensed engineer on
staff.
(44) A cement casing program.
(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 vehicle
traffic will be entering and leaving the site, days of the week that truck and vehicle traffic will be
entering and leaving the site, turning movements associated with truck and vehicle traffic,
proposed access points and proposed traffic control devices.
(48) Colored renderings of the site as viewed from all adjacent rights of -way showing site elevations,
screening walls and other landscaping and screening at the site.
(49) A line of site analysis indicating 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.
(51) A Supervisory Control and Data Acquisition (SCADA) Plan. The plan shall outline how data
from the drill site will be continuously collected in a real -time manner and how this data is
monitored. Data shall be collected at every stage of the oil or gas process. The plan shall
address how the SCADA system will control factors such as leakage, fire, emergency shut -down,
oil or gas flow rate and accumulated flow, line pressure, detection and control, well -head
pressure, pump status, tank level and other critical factors defined by the City's consultant. In
addition, the plan should define the equipment, sensors, hardware, communication interfaces
(radio, wire, fiber optic and a - microwave) and electro- mechanical devices that will be-
employed and how these devices will function during an emergency situation.
(52) A Ssoil sampling plan that addresses the parameters for testing requirements outlined in section
9.5.242 (fff) of this Article.
(c) All applications for a well permit shall be accompanied by an application fee in the amount set in
the city's fee schedule.
(d) If the application for a well permit is approved, prior to a permit being issued, the operator shall
19
1 deposit with the city the sum of $50,000.00 for each -drill -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 writing of any deduction from
the application fund and within 15 days of receipt thereof, the operator shall pay to the city for deposit into the
fund the amount necessary to return the balance to $50,000.00. The operator may appeal any charge assessed
against the 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.
(e) No well permit shall be issued if the proposed activities are not in conformance with the
approved specific use permit and associated site plan, provisions of this article, the building code, fire code and
all other applicable city ordinances.
(f) Each well permit issued by the city shall state the following:
(1) The name of the well and its operator;
(2) The date on which the city issued each permit;
(3) The date by which drilling must commence;
(4) That if drilling is commenced on the well covered by the permit before the permit expires, the
permit shall continue until the well covered by the permit is abandoned and the site restored;
(5) By reference, the indemnity, insurance and security requirements set forth in this article;
(6) That no drilling operations (including the construction of internal private access roads) shall
commence until the operator has provided such information;
(7) By reference, the requirement for periodic reports;
(8) By reference, the conditions of the applicable specific use permit;
(9) By reference, the information contained in the permit application;
(10) By reference, the applicable rules, and regulations of the railroad commission, including the
applicable "field rules;"
(11) The name, address and phone number of the person designated to receive notices from the city;
and
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4
(12) By reference, all permits and fees required by the city.
(g) A decision to deny an application for a well permit shall be provided to the operator in writing,
including the reason for the decision. The operator may appeal any such denial to the city council as provided in
this article.
(h) If an application for a well permit is denied, nothing herein contained shall prevent a new
application from being submitted to the city for the same well. A new application fee is not required if the
application is denied without prejudice. Applications denied with prejudice must be accompanied by a new
application fee upon reapplication.
(i) If the application for a well permit is approved and a permit is issued, the operator shall file
notice in the Tarrant County real property records indicating the physical location of the permitted drill site and
the well /bore hole.
(j) A well permit shall automatically expire one year after the date of issuance of such permit if
drilling has not commenced on the well covered by the permit within such period, provided, however, that the
administrator may grant a one -year extension of time if existing conditions have not changed and an application
for extension is filed with the administrator prior to expiration of the initial permit. If a well permit expires, the
operator must file a new application for a new well permit as provided in this division.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 235. Gas and Gas inspector.
(a) The administrator shall designate the inspector(s) who shall enforce the provisions of this article.
The inspector shall have the authority to issue any orders or directives required to carry out the intent and
purpose of this article and its particular provisions. Failure of any person to comply with any such lawful order
or directive shall constitute a violation of this article.
(b) The inspector and fire marshal shall have the authority to enter and inspect any premises covered
by the provisions of this article to determine compliance with the provisions of this article and all applicable
laws, rules, regulations, standards or directives of the state. Failure of any person to permit lawful access to the
inspector or fire marshal shall constitute a violation of this article.
(c) The inspector shall conduct inspections of all permitted wells in the city to determine compliance
with this article and all regulations of the railroad commission.
(d) The inspector and /or administrator shall have the authority to request and receive any records,
including any records sent to the railroad commission, logs and reports relating to the status or condition of any
permitted well related to the health, safety and operations of the well. Failure of any person to provide any such
requested material shall be a violation of this article.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 236. Operator's agent.
Every operator of any well shall designate an agent, who is a resident of the state, upon whom all orders
and notices provided in this article may be served in person or by registered or certified mail. Every operator so
21
designating such agent shall within ten business days notify the city secretary in writing of any change in such
agent or such mailing address unless operations within the city are discontinued.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -237. Insurance and indemnification.
The operator shall provide or cause to be provided the insurance described below for each well for
which a well permit is issued, and shall maintain such insurance until the well is abandoned and the site
restored. The operator must provide to the city sufficient documentation that the operator's insurance complies
with the minimum requirements and coverage amounts of this section before the well permit may be issued.
(1) Indemnification and express negligence provisions.
Each well permit application issued by the city shall include the following language and
regardless of whether such language is actually included in the well permit application, it shall be
deemed to be included therein:
OPERATOR DOES HEREBY EXPRESSLY AND IRREVOCABLY RELEASE AND
DISCHARGE ALL CLAIMS, DEMANDS, ACTIONS, JUDGMENTS AND EXECUTIONS
OF ANY AND ALL KINDS WHICH IT OR ITS SUCCESSORS OR ASSIGNS EVER HAD,
OR NOW HAS OR MAY HAVE, OR CLAIMS TO HAVE, AGAINST THE CITY OF
SOUTHLAKE, TEXAS, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS,
EMPLOYEES, SPONSORS OR VOLUNTEERS, THE INSPECTOR, AND EACH OF THEIR
RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS
(THE CITY OF SOUTHLAKE, TEXAS AND ALL OTHER FOREGOING PARTIES BEING
HEREIN REFERRED TO COLLECTIVELY AS THE "INDEMNIFIED PARTIES ")
CREATED BY OR ARISING OUT OF PERSONAL INJURIES, KNOWN OR UNKNOWN,
OR INJURIES TO PROPERTY, REAL OR PERSONAL, OR IN ANY WAY INCIDENTAL
TO OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY
THE OPERATOR UNDER A WELL PERMIT. OPERATOR AGREES TO FULLY DEFEND,
PROTECT, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM
AND AGAINST EACH AND EVERY CLAIM, DEMAND OR CAUSE OF ACTION AND
ANY AND ALL LIABILITY, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, FINES,
PENALTIES, COSTS, FEES AND EXPENSES INCURRED BY THE INDEMNIFIED
PARTIES CAUSED BY OR ARISING OUT OF, INCIDENTAL TO, OR OTHERWISE IN
CONNECTION WITH ANY WORK PERFORMED BY OPERATOR UNDER A WELL
PERMIT, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES AND DEATH IN
CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY OPERATOR
OR OPERATOR'S AGENTS, ASSIGNS OR ANY THIRD PARTIES. OPERATOR AGREES
TO FULLY DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS THE
INDEMNIFIED PARTIES FROM ANY CLAIMS, LIABILITIES OR DAMAGES SUFFERED
AS A RESULT OF CLAIMS, DEMANDS, COSTS OR JUDGMENTS AGAINST THE
INDEMNIFIED PARTIES, CREATED BY OR ARISING OUT OF THE ACTS OR
OMISSIONS OF THE CITY OF SOUTHLAKE OR ANY OF THE OTHER INDEMNIFIED
PARTIES, OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE
22
AND SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS,
INCLUDING, BUT NOT LIMITED TO CLAIMS, LIABILITIES AND DAMAGES ARISING
IN WHOLE OR IN PART FROM THE NEGLIGENCE OF ANY OF THE INDEMNIFIED
PARTIES, INCLUDING THE SOLE NEGLIGENCE OF ANY INDEMNIFIED PARTY,
OCCURRING IN THE COURSE AND SCOPE OF PERMITTING OR INSPECTING THE
WELLS, DRILL SITES, PIPELINES AND OTHER AREAS INVOLVED IN OPERATOR'S
ACTIVITIES. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED
FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO
INDEMNIFY AND PROTECT THE CITY OF SOUTHLAKE, TEXAS AND THE OTHER
INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF ANY
OF THE INDEMNIFIED PARTIES, WHETHER THAT NEGLIGENCE IS THE SOLE OR A
CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH AND /OR DAMAGE.
THE FOREGOING IS NOT INTENDED TO REQUIRE THE OPERATOR TO INDEMNIFY
THE INDEMNIFIED PARTIES FROM THE INDEMNIFIED PARTIES' GROSS
NEGLIGENCE OR INTENTIONAL HARM, IRRESPECTIVE OF WHETHER THAT GROSS
NEGLIGENCE OR INTENTIONAL HARM IS THE SOLE OR A CONTRIBUTING CAUSE
OF THE RESULTANT INJURY, DEATH AND /OR DAMAGE.
(2) General provisions regarding insurance.
a. All policies shall be endorsed to read substantially as follows: "This policy will not be
canceled or non - renewed without 30 days advanced written notice to the owner and the
City of Southlake, Texas, except when this policy is being canceled for nonpayment of
premium, in which case ten days advance written notice to both such parties is required."
b. Liability policies shall be written by carriers licensed to do business in Texas and with
companies with at least an "A" rating issued by the A.M. Best Company.
c. Liability policies shall name as "additional insured" the city and the other indemnified
parties as defined in this article. Waivers of subrogation shall be provided in favor of all
indemnified parties.
d. The operator shall present to the city copies of the pertinent portion of the insurance
policies evidencing all coverage and endorsements required by this section before the
issuance of the well permit, and the acceptance by the city of a policy without the
required limits and /or coverage shall not be deemed a waiver of these requirements. The
city may, in its sole discretion, accept a certificate of insurance in lieu of a copy of the
pertinent portion of the policy pending receipt of such document by the city. After the
issuance of the well permit, the city may require the operator to provide a copy of the
most current insurance coverage and endorsements for review at any time. An
administration fee in the amount set in the city's fee schedule will be charged to cover the
cost of such review.
e. Claims -made policies shall not be accepted except for excess policies and environmental
impairment (or seepage and pollution) policies.
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3
(3) Required insurance coverage.
a. Commercial or comprehensive general liability insurance:
1. Bodily injury and property damage coverage shall be a minimum combined single
limit of $2025,000,000.00 per occurrence with an annual general aggregate
coverage of $50,000,000.00. This coverage must include premises, operations,
blowout or explosion, products, completed operations, blanket contractual
liability, underground property damage, underground reservoir (or resources)
damage, broad form property damage, independent contractor's protective liability
and personal injury.
2. Underground reservoir (or resources) damage coverage shall be on an occurrence
basis, shall not be limited to sudden and accidental occurrences, shall not have a
discovery or reporting limitation and shall not exclude damage to water tables,
formation or strata.
3. 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 provide that any retroactive date applicable precedes the
effective date of the issuance of the permit. Coverage shall apply to sudden and
accidental pollution conditions resulting from the escape or release of smoke,
vapors, fumes, acids, alkalis, toxic 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 $2075,000,000.00 per occurrence. A
discovery period for such peril shall not be less than ten years after the
occurrence.
b. Automobile liability insurance: Minimum combined single limit of $20,000,000.00 per
occurrence for bodily injury and property damage. Such coverage shall include owned,
non -owned and hired vehicles.
c. Worker's compensation insurance: In addition to the minimum statutory requirements,
coverage shall include employer's liability limits of at least $1,000,000.00 for each
accident, $1,000,000.00 for each employee, and $1,000,000.00 for occupational disease,
and the insurer shall agree to waive rights of subrogation against the city, its departments,
agents, officers, servants, employees, sponsors and volunteers, the inspector, and each of
their respective heirs, personal representatives, successors and assigns, for any work
performed for the city by the operator.
d. Excess (or umbrella) liability insurance: Minimum limit of $050,000,000.00 providing
excess coverage for each of the perils insured by the preceding liability insurance
policies.
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e. Control of well insurance:
1. Minimum limit of $10,000,000.00 per occurrence, with a maximum deductible of
$250,000.00 per occurrence.
2. Policy shall cover the cost of controlling a well that is out of control, re- drilling or
restoration expenses, and seepage and pollution damage. Damage to property in
the operator's care, custody and control with a sub -limit of $500,000.00 may be
added.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 238. Security.
(a) The operator shall file with the city a cash bond in the amount of $200,000.00 covering each pad
site before the issuance of the well permit for the well.
(b) As to each well, the cash bond shall secure the obligations of the operator to:
(1) Comply with the road repair agreement and the insurance provisions set forth in this article; and
(2) Pay fines and penalties imposed upon the operator by the city for any breach of the well permit,
this article, or the zoning ordinance if the operator fails to pay such fines or penalties within 15
days of the assessment of such fines or penalties; and
(3) Comply with the conditions of the applicable specific use permit; and
(4) Comply with the performance obligations of this article, including but not limited to the
screening requirements.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 239. Periodic reports.
(a) The operator shall notify the city of any change to the following information within one business
day after the change occurs:
(1) The name, address or phone number of the operator; or
(2) The name, address or 24 -hour phone number of the person(s) with supervisory authority over
drilling, production or operations activities; or
(3) The name, address or phone number of the person designated to receive notices from the city; or
(4) The operator's emergency action response plan including "drive -to maps" from public rights of
way to each area covered by the applicable specific use permit and associated site plan.
(b) The operator shall provide a copy of any "incident reports" or written complaints submitted to
25
the railroad commission or any other state or federal agency within 15 days after the operator has notice of the
existence of such reports or complaints.
(c) Beginning on December 31st after each well is completed, and continuing on each December
31st thereafter until the operator notifies the city that the well has been abandoned and the site restored, the
operator shall prepare a written report to the city identifying any changes to the information that was included in
the application for the applicable well permit that has not been previously reported to the city. In addition, the
annual report shall include copies of all internal reports responses to a pipeline or well emergency, copies of
operations and maintenance logs and a copy of the emergency action plan, if updated.
(Ord. No. 880 -A, § 2, 5- 20 -08)
(d) A quarterly extended gas analysis report must be provided to the City once completion or
fracturing begins. The report must be in a format and include data as specified by the City's gas consultant or
petroleum engineer.
Sec. 9.5 -240. Amended well permits.
(a) An operator must submit an application to the city's planning and development services
department to amend an existing well permit in order to commence drilling from a new drill site that is not
shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site
that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing
permit in any manner. The director of planning and development services shall review the proposed amendment
to determine if an amendment to the applicable specific use permit shall be required. If the director of planning
and development services determines that an amendment to the applicable specific use permit is also required,
the application for an amended well permit shall be processed as a new well permit application and shall include
all application materials and the appropriate fee for new well permit applications set forth in the city's fee
schedule and an amendment to the applicable specific use permit shall also be required.
(b) Applications for amended well permits shall be in writing on forms provided by the city and
signed by the operator, and shall include the following:
(1) An application fee, which shall be non - refundable regardless of the outcome of the application,
in the amount set in the city's fee schedule; and
(2) A description of the proposed amendments; and
(3) Any changes to the information submitted with the application for the current well permit (if
such information has not previously been provided to the city); and
(4) Such additional information as is reasonably required by the inspector or the administrator to
demonstrate compliance with the applicable specific use permit and associated site plan and the
provisions of this article; and
(5) Such additional information as is reasonably required by the inspector or the administrator to
prevent imminent destruction of property or injury to persons.
26
(c) If, in the judgment of the administrator or the inspector, the activities proposed by the
amendment require an inspection, an inspection fee in the amount set in the city's fee schedule shall be charged.
In such event, the operator must pay such inspection fee before the amended well permit will be processed
further.
(d) Incomplete applications shall not be accepted for filing and shall be returned to the operator
within 30 business days. The city shall return any application as incomplete if there is a dispute pending before
the railroad commission regarding the determination of the operator or where the operator is in violation of any
federal, state or local regulation with respect to the proposed activities covered by the application.
(e) If the activities proposed by the amendment are materially different from that previously
approved by the city, and, in the judgment of the city or the inspector, might create a risk of imminent
destruction of property or injury to persons that was not associated with the activities covered by the existing
permit, or that was not otherwise taken into consideration by the existing permit, or the applicable specific use
permit, the amendment shall be processed as a new well permit application and an amendment to the applicable
specific use permit shall be required.
(f) A decision to deny an amendment to a well permit shall be provided to the operator in writing,
including an explanation of the basis for the decision. The operator may appeal any such denial to the city
council as provided in this article.
(g) No amended well permit shall be issued if the proposed activities do not conform to the approved
specific use permit and associated site plan, and comply with all applicable governmental ordinances and
regulations.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -241. Transfer of well permits.
(a) A well permit may be transferred upon written request by the operator with the consent of the
city upon compliance with the following conditions:
(1) If the transferee agrees to be bound by the terms and conditions of the current well permit, road
repair agreement and demonstrates compliance with the pipeline regulations set forth in division
2 of this article; and
(2) If all information previously provided to the city as part of the current well permit application is
updated to reflect any changes; and
(3) If the transferee provides the insurance and security required by this article and otherwise
complies with all applicable governmental ordinances and regulations.
(b) The insurance and security provided by the transferor shall be released if consent of the city to
such transfer, provided, however, that the transfer shall not relieve the transferor from any liability to the city
arising out of any activities conducted prior to the transfer, and the city may retain all or a portion of any
insurance and security if the administrator determines that any facts exist which would, in the administrator's
opinion, create the likelihood of liability secured by such insurance or security for such prior activities.
27
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -242. On -site operation requirements.
(a) It shall be unlawful to drill a well, or to re -drill, deepen, re- enter, activate or convert any
abandoned well, the center of which, at the surface of the ground_is located within 1,000 feet from any habitable
structure, or from the property line of any occupied public or private school, assisted living facility for
nursing care facility (discussion) -or hospital.
(b) All distance in (a) above, shall be measured from the proposed well bore in a straight line,
without regard to intervening structures or objects, to the closest exterior point of the habitable structure.
(c) The operator shall install erosion control measures in compliance with the plan approved by city
council as a condition of the specific use permit, all applicable city ordinances and all requirements of the
public works department.
(d) A drill site or operation site may only be allowed in a floodplain with the approval of the city
and, where applicable, the U.S. Army Corps of Engineers.
(e) The operator shall keep all gates to the drill, production, and operation site locked at all times
that the operator or the operator's employees are not within the enclosure. A "Knox Padlock" or a "Knox Box
with a key" shall be provided to the fire chief to access the drill site to be used only in case of an emergency.
(f) 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 alternative material is approved by
the city council as a condition of a specific use permit or an approved variance. The operator shall maintain the
surface for such facilities and drive approach in good condition and repair and meet the minimum 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.
(g) The operator shall install and maintain a temporary chain -link fence with all- weather screening
fabric and secured entrance gate, both at least eight feet in height around the entire drill site to secure the
drilling site and obscure view of the drilling activities. In addition to the foregoing, the operator shall also be
required to comply with the screening requirements set forth in the zoning ordinance.
(h) 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, lighting
arrestors, or other related devices may extend above the height of the screening wall. Such wall must be
completed within 60 days of completion 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
Master Plan, as it may be amended.
28
r i
(i) An eight -foot high chain link fence with barbed wire or similar device as approved by city
council shall be installed around all equipment on the pad site and interior to the masonry screening wall.
(j) The city council may modify the screening requirements set forth in paragraphs (g) - -(i) as a
condition of any specific use permit.
(k) No refining process or any process for the extraction of hydrocarbon products shall be performed
at a drill site or operation site, except that a horizontal separator may be maintained for the separation of liquids
from oil and gas. Any such separator may serve more than one well. All production equipment on an operation
site shall be maintained in good working order at all times.
(1) No person shall place, deposit or discharge or cause or permit to be placed, deposited or
discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, refuse, wastewater, brine or
hazardous substance from any production operation or the contents of any container used in connection with
any production operation in, into or upon any public right of way, storm drain, ditch or sewer, sanitary drain or
sewer, any body of water, or any private property in the city.
(m) The operator shall provide and maintain in good working order all fire suppression and
prevention equipment required by any applicable federal, state or local law, or the operator's emergency
response plan, at the operator's cost. The operator shall keep adequate foam fire suppressant equipment and
supplies at each drill site, in addition to any fire suppressant equipment and supplies deemed necessary by the
Fire Marshal.
(n) No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, oil and
gas or petroleum liquids on, under or through the streets, alleys or other properties owned by the city without an
easement or right of way license from the city, at a price to be agreed upon, and then only in strict compliance
with this article, other city ordinances, and all requirements of the department of public works.
(o) No person may dig up, break, excavate, tunnel, undermine, break up, damage any public street or
leave upon any public street any earth, or other material or obstruction without prior written permission from
the city, and then only in compliance with this article, other city ordinances, and all requirements of the
department of public works.
(p) No well permit shall be issued for any well to be drilled within any of the public rights of way of
the city and /or future streets shown on the master thoroughfare plan. No street shall be blocked, encumbered or
closed due to any exploration, drilling or production activities unless prior consent is obtained from the city, and
then only temporarily.
(q) 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 city consultant. The operator shall be
responsible for the cost of all monitoring equipment. The location of the continuous monitoring equipment will
be determined by city consultant with the operator's representative present during installation. A gas
chromatograph or a similar air monitoring testing system approved by City Council is required. The operator
29
and/or City shall seek incorporation of all data generated into the Texas Commission on Environmental Quality
air monitoring program.
(r) Annual meeting with city required. Each operator shall meet annually with representatives of the
city to review all plans and other relative submission requirements outlined in Section 9.5 -234 of this -
OrdinanceArticle. - •• - • .. - ., . - . .. • . .., . These reviews shall be in accord with U.S.
Department of Transportation, U.S. Environmental Quality- Protection Agency, Texas
Commission on Environmental Quality, and (Railroad eCommission requirements and the operator will:
(1) Furnish or update a copy of all plans required inby Section 9.5-23' - - - •• : - - - .. - ., .
mss; and
(2) Review the responsibilities of each governmental organization in response to an emcrgencyor
Wit; and
(3) Review the capabi'itie of the operator's adherence to all plans and other requirements.
y or incident; and
(') Identify the types of emergencies or incidents that will result in or require contacting the city;
and
(5) Plan mutual activities that thc city and thc operator can enga: - • :. .... . - - -
(s) 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 the requirements of the
railroad commission and the recommendations of the American Petroleum 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.
(t) Chemical and materials storage. The operator shall store all chemicals and/or hazardous or non-
hazardous chemicals and 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) (as defined in Section 9.5 -234 (b) (25) of this Article) for all
chemicals aver including all hazardous and non - hazardous materials and chemicals and materials Wilson
site and shall provide the city with updated copies on a quarterly basis to address additional produets- chemicals
that may have been introduced or to- removed or quantities that have been changed from the previously listed
submitted MSDS sheet..... . - . - . .. . . The operator shall comply with all
applicable federal and state regulatory requirements for the 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
30
systems, and providing adequate protection from stormwater and weather elements. The operator is encouraged'
to- -shall only use appropriate green compounds - - - - • . - as approved by the City Council as part of
the submission requirement outlined on Section 9.5 -234 (50) of this Article . The site shall not be used for long-
term storage of additives.
(u) Closed loop mud systems. The operator shall install and use a closed loop mud system instead of
lined reserve pits.
(v) Disposal well. No saltwater or other type of disposal well shall be permitted.
(w) Drilling. No air, gas or pneumatic drilling shall be permitted.
(x) Drilling fluids. Low toxicity glycols, synthetic hydrocarbons, polymers and esters shall be
substituted for conventional oil -based drilling fluids. Appropriate green fluids shall be used to the extent
possible.
(y) Drilling fluid storage pit. No drilling fluid mud, storage or reserve pits shall be located within the
city, except steel containers used in a closed loop mud system.
(z) Drill stem testing. All open hole formation or drill stem testing shall be done during daytime
hours and in no event may drill stem testing be performed during nighttime hours. Drill stem tests may be
conducted only if the well effluent produced during the test is processed through an adequate oil and/or gas
separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to
the surface by circulating drilling fluid down the annulus and up the drill pipe.
(aa) Drip pans and other containment devices. The operator shall install drip pans and other
containment devices underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical
storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge
or spill hazardous liquids, semi - liquids or solid waste materials, including hazardous waste. A secondary
containment system shall be installed around all separators, tank batteries, and other fluid containing equipment
on the drill site.
(bb) 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 living in the vicinity. The operator
shall maintain all aspects of the site and structures thereon in good operating condition and good appearance.
Proven 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.
(cc) Electric motors. Only electric prime movers or motors shall be permitted for the purpose of
31
pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall
conform to city ordinances and applicable national codes.
(dd) 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 oil and gas inspector, Fire chief and Eire
mMarshal 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 amendments concerning all construction related activities, oil and/or natural gas
operations and production. Updated plans shall be submitted to the inspector and fire 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 meet the requirements outlined in section
9.5 -234 (26) of this Article.. . -- . .. • . . .. . ... - - . - .. - , - •• - • • - „ , .
include a site specific estimation of fire response time,evacuation plan, a blowout contingency plan and a loss
of well control plan.
(ee) 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 chiefs designee, or which are required by any applicable federal, state or local law, at
the operator's cost. The operator shall be responsible for the maintenance and upkeep of such equipment. Each
well shall be equipped with an automated valve that closes the well in the event of an abnormal change in
operating pressure. All well heads shall contain an emergency shut off valve to the well distribution line. All
1 potential off -site permanent sources of ignition shall be setback a minimum distance of 300 (TBD) feet from the
pad site.
(ff) Frac or surface ponds. Fracturing ponds or surface fresh water ponds are not permitted within
the city.
(gg) Fresh water wells , Fresh Water Perennial Streams, Fresh Water Intermittent Streams,
Freshwater Ponds, and/ or Wetlands . 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 an alternative method of protecting the production casing from external corrosion. The
operator of a well shall provide the inspector with a "pre- drilling" and "post- drilling" water analysis and flow
rate from any existing 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:
(1) Water samples must be collected by a third party consultant and analyzed utilizing proper
sampling and laboratory protocol from a U.S. Environmental Protection Agency or Texas
Commission on Environmental Quality approved laboratory with a copy of the third party
analysis provided to the city;
(2) Well, stream, pond and /or wetland water samples shall be obtained by the third party consultant
and analyzed prior to any construction activity to document baseline water quality data.
Continuous quarterly water testing shall begin once construction of the site begins and shall
continue until abandonment of all wells on the pad site.
32
(3) Parameters to be tested for, include, but are not limited to, TDS, Chlorides, VOC's and TPH,
dissolved gases (methane, ethane), TPH fractioned, SVOC's, HAP and other target compounds
based on drilling and fracturing additives disclosed by the operator.
If it is found that the fresh water well is no longer in use and without possibility of future use or
if the fresh water well owner objects to having the water well tested, the owner of the fresh water
well may waive the right to have the operator test the water.
(hh) Gas emission or burning restrictions. No person shall allow, cause or permit gases to be vented
into the atmosphere or to be burned by open flame. No open flaring is permitted. A vapor recovery system is
required. The fracturing process shall not be completed until a sales line is in place to service the well. Green
completion methods, as defined by this Article, are required.
(ii) Firefighter /Emergency Responder training. Each operator shall be required to provide training
and instruction to the fire department and other emergency responder personnel regarding well safety and
emergency management protocol, and all information specific to the well operation which is requested by the
fire chief or the fire chiefs designee, or which is relevant to emergency management activities at the site. Such
fire department training must occur prior to the operator conducting drilling operations under the operator's first
well permit.
(jj) Grass, weeds, trash. The operator shall keep the drill site and operation site clear of debris, pools
of water or other liquids, contaminated soil, brush, high grass, weeds, combustible trash and other waste
material within a radius of 100 feet around a pad site and other drill site or operation site equipment not located
on the pad site.
(kk) Wells within flight path. The operator of any well to be located within the flight path of an airport
must obtain Federal Aviation Administration approval and must submit a fully executed and recorded aviation
easement as part of the well permit application process.
(11) Hazardous materials plan. The operator shall file with both the inspector and fire marshal, a
hazardous materials management plan and shall update such plan by filing any additions, modifications, and /or
amendments regarding all construction related activities and oil and natural gas operations and production. The
operator shall file such updated plans with the inspector and fire marshal within two business days of any
material change in the activities at the site from that approved in the well permit. The city council will be
notified of any such changes. The hazardous material plan shall meet the requirements outlined in section 9.5-
234 (24) of this Article.
(mm) Organic solvents. Organic solvents, such as trichloroethylene and carbon tetrachloride, shall not
be used for cleaning any element, structure or component of the drilling rig, platform and /or associated
equipment, tools or pipes.
(nn) Muffling exhaust. Exhaust from any internal combustion engine, stationary or mounted on
wheels, used in connection with the drilling of any well or for use on any production equipment shall not be
discharged into the open air unless it is equipped with an exhaust muffler or mufflers, or an exhaust muffler box
constructed of noncombustible materials sufficient to suppress noise and prevent the escape of obnoxious gases,
33
fumes, or ignited carbon or soot.
(oo) Pipe dope. Lead -free, biodegradable pipe dope shall be substituted for American Petroleum
Institute (API) specified pipe dope. Sealant shall be used around pipe threads to ensure and maintain the
integrity of the seal.
(pp) Signs.
(1) 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 section. Such
sign shall be constructed of a durable material, maintained in good condition and, unless
otherwise required by the railroad commission, shall have a surface area of not less than two (2)
square feet, or more than four (4) square feet and shall contain the following:
a. Well name and number; and
b. Name of operator; and
c. Address of property; and
d. The emergency 911 number; and
e. Telephone numbers of two persons responsible for the well who may be contacted 24
hours a day in case of an emergency.
(2) The operator shall post and continually maintain permanent weatherproof signs reading
"DANGER NO SMOKING ALLOWED" immediately upon completion of the drill site fencing
at the entrance of each drill site and tank battery or in any other location approved or designated
by the fire chief of the city. Such signs shall conform to the approved sign plan. Each sign shall
include the emergency notification numbers of the fire department and the operator, well and
lease designations required by the railroad commission.
(3) The operator shall post and continuously maintain a "Muster Point" sign at the entrance of the
drill site and notify the city's fire marshal of its location. Such sign shall conform to the approved
sign plan. In the event of a fire or discovery of a fire, smoke or unauthorized release of
flammable or hazardous materials on any property, the operator shall immediately report such
condition to the fire department and all capable persons on the drill site shall immediately report
to the muster point. The operator shall instruct all persons who enter the drill site of this
emergency procedure prior to their entrance onto the drill site.
(4) 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 CAMIONES ESTAN OBLIGADOS A SEGUIR LAS RUTAS DE
TRANSPORTE APROBADAS. LOS INFRACTORES ESTAN SUJETOS A MULTAS DE
$2,000." The sign lettering, size, and background shall meet city specifications. A directional
arrow shall be placed immediately below the above sign and shall indicate the proper direction of
34
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.
(5) No other signs shall be permitted at the site other than those required by this article or other law.
(qq) Storage of equipment. On -site storage is prohibited on the operation site. No equipment shall be
stored on the drilling or production operation site, unless it is necessary to the everyday operation of the well.
Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing
operations are being conducted on the site. The fire marshal shall determine whether any equipment on the site
constitutes a fire hazard and must be removed. No refinery, processing, treating, dehydrating or absorption plant
of any kind shall be constructed, established or maintained on the premises, provided that this shall not be
deemed to exclude a conventional horizontal gas separator or dehydrator.
(rr) Storage tanks.
(1) All tanks and permanent structures shall conform to the A.P.I. specifications unless other
specifications are approved by the fire marshal. All storage tanks shall be equipped with a
secondary containment system including lining with an impervious material. The secondary
containment system shall be a minimum of three feet in height and one and one -half times the
contents of the largest tank in accordance with the fire code of the city, and buried at least one
foot below the surface. Drip pots shall be provided at the pump out connection to contain the
liquids from the storage tank.
(2) 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 100 feet from any public right of way
and adjacent property line. Each storage tank shall be equipped with a level control device that
will automatically activate a valve to close the well in the event of excess liquid accumulation in
the tank. 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.
(3) Meters, storage tanks, separation facilities and other aboveground facilities shall not be placed in
a floodway or within a 100 -year floodplain.
(4) Tanks must be setback at least 300 feet from any other fuel source not related to operator's
operations.
(ss) 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 city consultant must be provided with
access to all relevant reports associated with the setting of the casing. The operator shall provide the city with
72 -hours notice prior to setting the well casing. 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.
35
(tt) Thermal Oxidizer. A thermal oxidizer shall be required at times deemed necessary by the city's
inspector or consultant.
(uu) Valves. The operator shall equip each well with a shutoff valve to terminate the well's
production. The fire department shall have access to the drill site to enable it to close 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.
(vv) Waste disposal.
(1) Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or
connected with the drilling, re- working or deepening of any well shall be discharged into an
above - ground self - contained tank. All disposals must be in accordance with the rules of the
railroad commission and any other applicable local, state or federal agency. Unless otherwise
directed by the railroad commission, waste materials shall be removed from the site and
transported to an off -site disposal facility not less often than one time every 30 days. Water
stored in on -site tanks shall be removed as necessary.
(2) All waste shall be disposed of in such a manner as to comply with the air and water pollution
control regulations of the state, this article and any other applicable ordinance of the city.
(ww) Watchperson. The operator must keep a watchman or security personnel at all times on -site
during the drilling or re- working of a well when other workmen are not on the premises. (Discuss if a security
(xx) Environmentally sensitive areas. No drilling or production of gas or oil or other drilling or
production activity of any kind shall be permitted within environmentally sensitive areas, provided that wells
may have a target location or bottom -hole location that is under an environmentally sensitive area if the well is
drilled directionally from a location outside the environmentally sensitive area.
(yy) Heavy vehicles. Access to all operational wells shall be limited to state or federal highways
within the city and to those routes otherwise designated in article IV, chapter 118 of this Code, governing the
transportation of heavy vehicles on city streets, unless another route is expressly approved under the specific
use permit.
(zz) Hydrogen Sulfide. If a gas or oil field in the city is identified as a Hydrogen Sulfide (H2S) field
or if a well is producing Hydrogen Sulfide (1-T gas, the operator shall immediately cease operation of that
well or facility.
(aaa) 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 operator shall submit a performance
bond in a form acceptable to the city to cover the costs of any clean-up necessary. The amount of the
performance bond shall be $60,000.00; provided, however, the amount may be higher if the administrator
determines that the estimated cost of the restoration project, including labor and materials, will likely exceed
this amount.
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(bbb) Security system.
(1) Alarm system. Within ten days of completion of the perimeter fencing, the operator shall install a
fully operational security system that meets the following requirements:
a. Remotely monitored access control system. The operator shall install and maintain at all
vehicular gates in the perimeter fencing a permitted, remotely monitored control access
system. The system shall meet the following requirements:
1. Monitoring. The system shall be monitored by central monitoring facility capable
of monitoring security related alarm systems and meeting all required state and
federal guidelines. The central monitoring facility shall be staffed and operational
at all times.
2. Access control. Gate access shall be secured by an access control system with an
unlocking and re- locking mechanism that requires a card, numeric code or other
identification device for gate operation. The system shall record the identity of the
entering party and the date and time of such entry.
3. Intrusion detection system. The system shall include a gate closure contact sensor
that will be activated when the gate closure sensor is violated in any manner by
non - identified access. The system shall be equipped to signal a control panel
which activates an on -site audible signal and registers at the monitoring facility
when an access breach is detected.
4. Open gate detection. The security system shall include an open gate detection
alarm to notify the monitoring facility if the gate closure sensors, once accessed,
are not closed and thereby reactivated within five minutes of being opened.
5. Exit sensor. The operator shall equip all gates with a motion sensor, weight sensor
or other device to unarm the gate for vehicles exiting the site.
b. Personnel exit gate. The operator shall install an exit -only gate for personnel near the
vehicular gate entrance.
c. Response to alarms. The operator shall obtain an alarm permit for the alarm system from
the police department in accordance with the city's alarm ordinance. The monitoring
facility shall notify the operator and the police department in case of security breach at
the drill site. The operator shall respond on -site with an authorized representative within
45 minutes of notification of alarm. Fines for false alarms shall be as provided in the city
fee schedule. The administrator may suspend the well permit of any operator responsible
for more than 20 false alarms in any calendar year.
d. Automated audible alarm system: The operator shall installed and maintained an audible
alarm system at each drill site to provide warnings for a substantial drop in pressure, the
release of any gas or oil, or fire. Said alarm system shall be approved by the fire chief or
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his or her designee prior to beginning any drilling or production operations.
(2) Security camera(s). The operator shall at all times after the temporary - perimeter fence is in
place, have installed an adequate number of -24 -hour operating security
cameras to ensure coverage of the drill site, as determined by the police chief or his or her
designee, inside the perimeter fence, and post on the fencing of the site signs indicating that any
activity on the site may be recorded by video surveillance. The location of the security camera(s)
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:
a. Capture clear video images of all traffic entering and exiting the gate(s); and
b. Capture clear video images of all production equipment located on the site; and
c. Be equipped with motion detection technology; and
d. Be equipped with panning technology to pan immediately to any motion detected on the
site; and
e. Show the date and time of all activity on the footage; and
f. Be capable of being viewed at the monitoring facility.
The operator shall maintain video data for a period of at least 400 hours. At the request of the
city, the operator shall produce to the city any recorded views of the fenced area. Data from
videos may only be requested by the administrator or law enforcement officials.
(ccc) Tank battery equipment. The operator shall equip any tank battery facilities with a remote foam
line and lightning arrestor system, and shall erect a sign clearly indicating the location of the foam line and
lightning arrestor system. All connections for the remote foam line and lightning arrestor system shall meet
industry specifications and be approved by the fire marshal's office.
(ddd) Utility lines. The operator shall bury all utility lines to the operation site and/or drill site.
(eee) Emergency response plan testing. The operator shall conduct a thorough testing of its evacuation
plan on an annual basis including performing "unplanned" ? vacuation scenarios, to ensure disaster
preparedness. The operator shall provide seven days written notice of the time and date of each test to the fire
marshal. The fire marshal, or the fire marshal's designated representative, may observe the test and may require
the inclusion of certain evacuation scenarios as a component of the test. The operator shall then certify in
writing to the fire marshal on an annual basis that a test of the evacuation plan has been performed.
(Ord. No. 880 -A, § 2, D- 2O -O8)
(ffff Soil samplingpre- and post- drilling; periodic soil sampling. It shall be unlawful to contaminate
any soil, and fail to remediate such contamination, at any drill site in the town. Soil sampling shall be subject to
the following requirements:
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a. Upon application for an oil and gas well permit, soil sampling shall be conducted prior to the
commencement of any drilling activities at the proposed drill site to establish a baseline study of
site conditions. A minimum of one (1) soil sample shall be taken at the location of any proposed
equipment to be utilized at the site to document existing conditions at the drill site.
b. A third party consultant shall collect and analyze all "pre- drilling" and "post- drilling" soil
analysis. The cost of such fees and charges assessed by the third party contractor shall be borne
by the operator;
c. Soil samples must be collected and analyzed utilizing proper sampling and laboratory
protocol from a United States Environmental Protection Agency or Texas Commission on
Environmental Quality approved laboratory with a copy of the third party analysis provided
to the city.
d. Post - drilling soil samples shall be collected and analyzed after the conclusion of drilling of
each well. Subsequent to the drilling of each well, periodic soil samples shall be taken to
document soil quality data at the drill site, as requested by the oil and gas inspector.
e. Whenever abandonment occurs pursuant to the requirements of the Texas Railroad
Commission and as referenced in section 9.5 -247 of this aArticle, the operator so abandoning
shall conduct post production soil sampling when equipment is removed from the drill site to
document that the final conditions are within regulatory requirements.
f. If it is found that the soil contains a prohibited amount (pursuant to state or federal law) of a
hazardous substance, the operator, w ithi n thi ram d , shall remediate the location within
thirty (30) days and thereafter soil sampling shall be collected and analyzed at such locations on
the drill site as are necessary to determine compliance.
Sec. 9.5 -243. Operations and equipment practices and standards.
(a) The operator shall take adequate nuisance prevention measures to prevent or control offensive
odor, fumes, dust, noise and vibration. Brine water, sulphur water, or water in mixture with any type of
hydrocarbon may not be used for dust suppression.
(b) No person shall permit any lights located on any drill site or operation site to be directed in such
a manner so that they shine directly on public streets or adjacent or nearby property. Site lighting shall be
shielded and directed downward and internal to the drill or operation site so as to avoid glare on public streets
and buildings within 300 feet. In addition, all operations shall meet the city's Lighting Ordinance 693 -B, as
amended. Federal Aviation Administration approval is also required where applicable.
(c) The operator shall at all times comply with the rules and regulations of the railroad commission,
including but not limited to all applicable field rules.
(d) Noise.
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(1) No well shall be drilled, re- drilled or any equipment operated at any location within the city in
such a manner so as to create any noise which causes the exterior noise level, when measured at
the either the property line of the tract upon which the nearest habitable structure is located, or
100 feet from the nearest habitable structure (as measured to the closest exterior point of the
habitable structure), whichever is closer to the well, to exceed the ambient noise level:
a. By more than ten decibels during fracturing operations; and
b. By more than five decibels during daytime hours or more than three decibels during
nighttime hours for all activities not addressed in paragraph a. above.
c. 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 with
the tone exceeds the arithmetic average of the sound - pressure levels of two contiguous
one -third octave bands by five (5) dB for center frequencies of 500 hertz and 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.
d. 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 levels:
16 hertz octave band: 65 dB
32 hertz octave band: 65 dB
64 hertz octave band: 65 dB
(2) The operator shall be responsible for establishing and reporting to the city the pre - drilling
ambient noise level prior to the issuance of a well permit. Once the drilling is complete, the
operator shall be required to establish a new ambient noise level prior to the installation of any
new noise generating equipment. In lieu of the foregoing, the city may elect to perform the
required noise testing and establish the ambient noise level.
(3) Adjustments to the noise standards as set forth above in subsection (d)(1) of this section may be
permitted in accordance with the following:
Permitted Increase Duration of Increase
dBA Minutes*
5 15
10 5
15 1
20 less than 1
* Cumulative minutes during any one
hour period
(4) No workover or re- working operations shall be permitted during nighttime hours.
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(5) If the proposed gas well is within 1,000 feet of any habitable structure, the operator must comply
with these additional noise abatement measures:
a. 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 inspector. The
cost of all such monitoring shall be borne by the operator. The noise readings shall also
be submitted to the inspector on a weekly basis in an electronic format or other format
specified by the inspector. The weekly report shall state whether the drill site is in
compliance with the noise requirements. If the report states that the drill site is not in
compliance with the noise standards, then the report shall state the measures that are
being taken to return the drill site to compliance and the timeframes for implementing
these remedial measures.
b. At a minimum, the operator shall install noise reduction blankets on the drill site
boundaries facing any habitable structure within one thousand feet. The height of
boundary blankets shall at a minimum be 30 feet. The height may be increased at the
discretion of the inspector in response to topographic necessity. In addition to the
boundary barriers, the operator must, at a minimum, install additional noise reduction
blankets to mitigate noise generated from the rig substructure, the rig floor area, brake
drum housings, mud pumps, diesel motors, and generators. The blankets shall be
constructed of a fire- retardant material approved by the fire department.
(6) 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 comply
with accepted industry standards and subject to approval by the fire marshal. Noise mitigation
measures will be evaluated on a case by case basis. The inspector may require the operator to use
noise reduction blankets that meet a standard of STC 30 or greater, if necessary.
(7) The sound level meter used in conducting noise evaluations shall meet the American National
Standard Institute's standard for sound meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
(8) A citation may be issued for the failure to immediately correct the violation upon notice of
violation by the city or the inspector.
(9) During nighttime operations the operation of vehicle audible back -up alarms are prohibited. If
the operator uses any equipment during nighttime operations which are required to have back -up
alarms, the operator shall provide and use only approved non - auditory signaling systems, such as
spotters or flagmen. Deliveries of pipe, casing and heavy loads shall be limited to daytime hours,
except for emergency situations. The derrick man and driller shall communicate only by walkie-
talkie or other non disruptive means when the derrick man is in the derrick. Horns may not be
used to signal for connection or to summon crew (except that a horn may be used for emergency
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purposes only). The operator shall conduct on -site meetings to inform all personnel of nighttime
operations noise control requirements.
(10) The operator shall file a noise management plan which shall detail how the equipment used in
the drilling, completion, transportation, or production of a well complies with the maximum
permissible ambient noise levels of this article. The noise management plan must be approved by
the director of planning and development services and must comply with the following
requirements:
a. Identify operation noise impacts; and
b. Provide documentation, if applicable, establishing the ambient noise level prior to and
after the installation of the noise - generation equipment verifying compliance with this
section; and
c. Detail how the impacts will be mitigated. In determining noise mitigation, specific site
characteristics shall be considered, including but not limited to the following:
1. The location, type, nature and proximity of adjacent development; and
2. Seasonal and prevailing weather patterns, including wind directions; and
3. Vegetative cover on or adjacent to the site; and
4. Topography; and
5. Operation and site noise management measures which may include, but not be
limited to use of critical grade mufflers on generators and motors; use of
structural noise curtains, walls, or enclosures; and best management practices by
limiting or eliminating noisier operations, such as tripping, deliveries of pipe,
casing and heavy loads, use of horns for communication and operation of vehicle
audible back -up alarms during nighttime hours.
Violation of the noise management plan shall be a violation of this article.
(e) Parallel to any oil and gas gathering pipeline, a flow -back line may be installed to handle water
and oil and gas flow -back following well fracture treatment.
(f) Except in the case of an emergency, the operator shall schedule well servicing operations and
any deliveries to the site to occur during daytime hours, provided, however, that the time limits set forth herein
do not apply during the well drilling and well completion process.
(g) The operator shall immediately notify the city of any substantial accumulations of dirt, dust, mud
or other debris deposited on city thoroughfares by vehicles involved in the well drilling or servicing or pipeline
installation process. The operator shall be responsible for removing accumulations of dirt, dust, mud or other
debris from the city thoroughfares on a daily basis. If for safety or other reasons, the city elects to perform the
42
removal, the cost of such removal shall be assessed against and paid by the operator.
(h) Within 30 days of the completion of the well, or within 30 days of completion of re- working a
well, as the case may be, or within such longer timeframe as determined appropriate by the administrator, but
not to exceed 90 days, the operator shall clean-up and clear the area around the well of all material and
equipment, fill all holes and excavations, and grade the land and return it to its original condition, including
replanting of vegetation to match the surrounding area.
(i) The operator shall remove the drilling rig from the site within 30 days of the completion of all
drilling activities indicated on the applicable well permit.
(j) No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or
discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, refuse, wastewater, brine or
hazardous substance from any production operation or the contents of any container used in connection with
any production operation in, into or upon any public right of way, storm drain, ditch or sewer, sanitary drain or
sewer, any body of water or any private property.
(k) Compression facilities are prohibited in the city.
(1) The operator shall install truck shakers along the private access road to remove mud from
vehicles prior to entering the public right of way.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 93 -244. Workover or re- working of well; notice.
Any person who intends either to workover or re -work a well using a drilling rig or to fracture stimulate
a well after initial completion shall give written notice to the city at least 20 days before the activities begin.
The notice shall identify where the activities will be conducted and shall describe the activities in reasonable
detail, including but not limited to the duration of the activities and the time of day they will be conducted. The
notice must also provide the address and 24 -hour phone number of the person conducting the activities. The
person conducting the activities shall post a sign on the perimeter fencing at least three (3) business days prior
to conducting workover or re- working operations giving the public notice of the activities, including the name,
address, and 24 -hour phone number of the person conducting the activities. Such sign shall conform to the
approved sign plan. No well shall be worked over without the approval of the inspector. If the inspector
determines that an inspection is required, the actual cost of the inspection shall be assessed against the
respective operator's application fund balance required by section 9.5- 234(d) of this article.
Fracturing operations shall be scheduled to occur during daytime hours. The operator shall add non - radioactive
tracing or tagging additives into fracturing fluids and the gas and oii inspector and 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.
Sec. 9.5 -245. Well operations and inspections.
(a) Surface casing. An operator must set and cement sufficient surface casing to protect all usable -
quality water strata, as defined by state law. The operator shall notify the inspector in writing at least 72 hours
prior to the scheduled time for setting and cementing surface casing and such work shall not commence until the
inspector has approved the proposed work in writing. In addition, the following requirements shall apply:
43
i +
(1) Centralizers must be used at an interval of one centralizer per 100 feet, or ten centralizers per
1,000 feet; and
(2) New surface casing is required; and
(3) Proper floating equipment shall be used; and
(4) Class "H" or class "C" cement with accelerators shall be used; and
(5) The operator shall circulate cement to surface; if not, the operator shall cement with one -inch
tubing and top off; and
(6) The operator shall wait on cement a minimum of 12 hours prior to commencing further drilling
operations; and
(7) The operator shall test the blowout preventer before drilling out of surface casing to 1,000 psi.
(8) The casing string will be pressure tested prior to drilling the next section of the hole. If the casing
fails a pressure test then isolation tools will be placed in the hole to locate the leak and the
corrective measures will be taken to repair the failure and ensure pressure integrity of the casing
string before conducting subsequent operations.
(b) Completion. The operator shall notify the oil and gas inspector in writing at 1 t 72 hours no less
than tenwenty (-1-20) business days prior to starting completion procedures such as fracturing and perforating,
and such work shall not commence until the inspector has approved the proposed work in writing. At least three
(3) business days before operations are commenced, the operator shall post a sign at the access road entrance of
the drill site advising the public of the date the operations will commence; the sign shall have white letters on a
red background. The well must be equipped with a blowout preventer or Christmas tree in place before this
operation is commenced. If a bridge plug is set over a producing formation prior to additional completion, it
must be pressure- tested to a sufficient pressure to ensure that it is not leaking. Only compounds approved by
City Council, as outlined in section 9.5 -234 (b) 51 of this Article, . . . - - ... • -
.... : - - - : shall be used te-in the fractureing and stimulateion of a well. Fracturing operations
shall be scheduled to occur during daytime hours. The operator shall add non - radioactive tracing or tagging
additives into the fracturing fluids and the inspector and 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. Air, gas, or pneumatic drilling shall not be permitted.
(c) Pipeline. The operator shall notify the inspector in writing at least 72 hours prior to the first sale,
and such sale shall not commence until the inspector has approved the proposed work in writing.
(d) Final inspection. After the site has been cleaned up and screened, the operator shall notify the
inspector for a final inspection. Prior to the final inspection, the operator must provide the city with geographic
coordinates of the well bore, using the North American Datum 1983 (NAD 83), Texas State Plane - North
Central Zone (4202), in U.S. feet.
44
(e) The inspector shall conduct periodic inspections at least every six months of all permitted wells
in the city to determine that the wells are operating in accordance with the requirements of this article and all
regulations of the railroad commission, and may, in the inspector's discretion, conduct such additional
inspections as the inspector deems appropriate to insure safe and proper operations of the wells. The actual cost
of each inspection shall be assessed against the respective operator's application fund balance required by
section 9.5- 234(d) of this article.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 246. Supplemental drilling.
(a) Supplemental drilling to deepen or directionally drill a well that has not been abandoned shall be
conducted in accordance with the conditions of the applicable specific use permit and associated site plan and
the well permit for the well.
(b) The operator shall provide the city with a copy of additional railroad commission permits that
allow drilling to a deeper depth.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 247. Abandonment of wells and pipelines.
(a) Within 60 days after abandonment of a well or drill site, the operator shall plug the well in
accordance with railroad commission standards, clean the site, clear it of all material and equipment, fill all
holes and excavations, and grade the land and return it to its original condition including replanting of
vegetation to match the surrounding area. The operator shall cut and remove all well casings to a depth of at
least ten feet below the surface. Additionally, the operator shall mark the exact location of plugged and
abandoned wells with a steel marker not less than four inches in diameter set in cement and extending at least
four feet above mean ground level. The operator shall weld, stamp or otherwise permanently engrave the
operator's name, lease name and well number and location, into the marker's metal. A plugged and
abandonment marker may not be removed without the approval of the city council.
(b) Structures may be built no closer to an abandoned well than is permitted pursuant to state law,
including but not limited to the applicable rules and regulations of the railroad commission.
(c) Within 60 days after abandonment of a pipeline, the pipeline operator shall purge and plug the
line in accordance with the rules and regulations of each governmental agency with jurisdiction over the
activity, including but not limited to the railroad commission, Environmental Protection Agency and the Texas
Commission on Environmental Quality. The operator shall also be required to comply with the provisions of
division 3 of this article, governing pipeline safety and operations.
(d) Abandonment of a drill site must be approved by the inspector and approval requires completion
of the following by the operator:
(1) The derrick and all appurtenant equipment thereto shall be removed from the drill site; and
(2) All equipment, materials and other surface installations shall be removed from the drill site; and
45
1
a _
(3) All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of
depth, except surface casing, shall be removed from the site; and
(4) All holes and depressions shall be filled with clean, compactable soil; and
(5) All waste, refuse or waste material shall be removed from the drill site; and
(6) All other requirements of this article have been met, including but not limited to restoration of
the drill site; and
(7) Conduct a phase II environmental site assessment and submit the results of the assessment to the
city engineer. The city engineer shall determine whether environmental remediation work must
be performed by the operator prior to abandonment of the drill site.
(e) In accordance with section 9.5 -247 of this article, the operator shall request a final inspection of
a well intended to be abandoned and furnish the following information to the inspector:
(1) A copy of the W -3A "Notice of Intention to Plug and Abandon" and "W -3 Plugging Record"
forms on the same date these forms are submitted to the railroad commission; and
(2) A notice of intention to abandon under the provisions of this section and stating the date such
work will be commenced. Abandonment may then be commenced on or subsequent to the date
so stated and shall take no longer than 45 days once commenced.
(f) All abandoned wells or drill sites shall meet the most current abandonment requirements of the
railroad commission and this article prior to the issuance of any building permit for development of the
property.
(g) The director of planning and development services shall indicate the location of each plugged
and abandoned well on the city's land use map.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 248. Clean - up.
(a) Clean - up after well servicing. After the well has been completed, or plugged and abandoned, the
operator shall clean the drill site or operation site, complete restoration activities and repair all damage to public
property caused by such operations within 30 days.
(b) Clean -up after spills, leaks and malfunctions. After any spill, leak or malfunction, the operator
shall remove or cause to be removed to the satisfaction of the fire marshal and the inspector all waste materials
from any public or private property affected by such spill, leak or malfunction. Clean-up operations must begin
immediately. The operator shall be subject to criminal citation and a fine of up to $2,000.00 per violation for
each day the violation is permitted to continue.
(c) Painting. The operator shall paint and maintain all production equipment at all times, including
wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the
46
director of planning and development services shall consider the deterioration of the quality of the material of
which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral
color, compatible with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of
green, blue and brown, or other neutral colors approved by the director of planning and development services.
Notwithstanding the foregoing, the city council may require the use of specific paint colors, on a case -by -case
basis, as part of the applicable specific use permit.
(d) Blowouts. In the event of the loss of control of any well, the operator shall immediately take all
reasonable steps to regain control regardless of any other provision of this article and shall notify the
administrator and fire marshal as soon as practicable. If the administrator or fire marshal determines that danger
to persons and property exists because of such loss of well control and that the operator is not taking or is
unable to take all reasonable and necessary steps to regain control of such well, the administrator or fire marshal
may then employ any well control expert or experts or other contractors or suppliers of special services, or may
incur any other expenses for labor and material which they deem necessary to regain control of such well, and
all costs incurred by the city shall be assessed against the operator and the operator shall pay such costs within
ten days of receiving an invoice from the city. In the event that the operator fails to pay such costs as provided
herein, the city may charge such costs to any fund or bond posted by the operator to secure such costs, and shall
also have a valid lien against the interest in the well of all working interest owners to secure payment of any
expenditure made by the city pursuant to such action of the administrator or fire marshal in gaining control of
said well.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 249. Technical advisor.
The city may from time to time employ a technical advisor or advisors who are experienced and
educated in the oil and gas industry or the law as it pertains to oil and gas matters. The function of such
advisor(s) shall be to advise, counsel or represent the city on such matters relating to oil and gas operations
within the city as the city may want or require and the effect thereof, both present and future, on the health,
welfare, comfort and safety of the citizens of the city. In the event such technical advisor(s) is employed for the
purpose of advising, counseling or representing the city relative to an operator's unique and particular set of
circumstances, case or request relating to this article, then the cost for fees or charges assessed pursuant to this
article incurred by the city shall be assessed against the operator and the operator shall pay such costs within ten
days of receiving an invoice from the city. In the event that the operator fails to pay such costs as provided
herein, the city shall then have a valid lien against the interest in the well of all working interest owners to
secure payment of any expenditure made by the city pursuant to such action of the administrator or fire marshal
in gaining control of said well. Prior to the employment of a technical advisor, the city shall inform the operator
of the intended scope of work and the estimated costs and expenses. The employment of a technical advisor
shall be approved by the city council.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 250. Remedies of the city.
(a) If an operator or the operator's officers, employees, agents, contractors, subcontractors or
representatives fails to comply with the conditions of the applicable specific use permit and associated site plan
or any requirement of a well permit (including any requirement incorporated by reference as part of the permit),
47
1
or any applicable provisions of this article or any other city ordinances, the city shall endeavor to give written
notice to the operator specifying the nature of the alleged failure and giving the operator a specified time to
cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to
cure, and the potential impact on the health, safety, and welfare of the community; provided, however, that if
circumstances warrant proceeding without notice, no notice will be sent. In any case, failure to give such notice
shall not prohibit the city from pursuing any available remedy.
(b) If the operator does not cure the alleged failure within the time specified by the city, the city may
notify the railroad commission and request that the railroad commission take appropriate action. In addition, the
city may pursue all other remedies allowed by law, including but not limited to any or all of the following:
(1) The administrator may suspend the well permit until the alleged failure is cured; and
(2) The administrator may revoke the well permit if the operator fails to initiate and diligently
pursue a cure; and
(3) The administrator may seek recourse against the security required by provisions of this division;
and
(4) A criminal citation may be issued for violation of the specific use permit, this article or any other
ordinance or order of the city.
(c) The operator may appeal a decision to suspend or revoke the well permit or other remedial order
or action of the city taken pursuant to this section (other than a criminal citation) to the city council as provided
in this article.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -251. Enforcement, right of entry.
The administrator, fire marshal and the inspector are authorized and directed to enforce this article, the
terms and conditions of any approved specific use permit and the provisions of any well permit. Whenever
necessary to enforce the foregoing, or whenever there is reasonable cause to believe there has been a violation
of any of the foregoing, administrator, fire marshal and /or the inspector may enter upon any property covered
by this article at any reasonable time to inspect or perform any duty or requirement imposed by this article. If
entry is refused, the city shall have recourse to pursue every remedy provided by law and equity to gain entry.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -252. Public information.
(a) Public information regarding well permit activity.
(1) After approval of a permit application, the operator shall submit to the inspector an accurate
written timeline account of all planned operational events associated with the permit. The
account must be updated weekly and must thoroughly describe the events that will occur. Events
to be documented shall include, but are not limited to, site preparation and grading, site
construction of the drilling rig and accessory structures, the expected amount of time spent
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drilling on site, all casing installation, testing, disassembly of the drilling rig, pipeline
installation, fracture stimulation, maintenance, installation of production facilities, site clean-up
and production.
(2) 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 of the general public. The
topics to be detailed shall include, but are not limited to, site preparation, site development and
construction, drilling, casing, fracturing, pipeline 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.
(3) At least once each calendar year, the operator shall have a representative attend a city -wide
Southlake Program for the Involvement of Neighborhoods (SPIN) meeting and respond to citizen
questions and complaints. The director of planning and development services shall notify each
operator of the time and date of the annual SPIN meeting that the operator or a representative of
the operator shall attend.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Secs. 9.5- 253 - -9.5 -256. Reserved.
DIVISION 3.
GAUD -OIL AND GAS PIPELINE STANDARDS
Subdivision A.
General Provisions
Sec. 9.5 -257. Purpose.
It is hereby declared to be the purpose of this division to, to the extent permitted by state and federal
law, establish reasonable and uniform limitations, safeguards and regulations for present and future operations
related to transporting oil and gas and other substances produced in association with oil and gas, within the
corporate limits of the city to protect the health, safety and general welfare of the public; minimize the potential
impact to property and persons; provide for separation between residential uses and incompatible pipeline uses;
avoid unreasonable burdens on residential tracts of land caused by easements and utility uses that prevent or
hinder the full use and development of such residential tracts; protect the quality of the environment; and
encourage the safe and orderly transport of oil and gas resources.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -258. Definitions.
The words and phrases used in this division are specifically defined in section 9.5 -222 of this article. All
technical industry words or phrases related to the transportation of oil, gas, hydrocarbons and other substances
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produced in association with oil, gas and other hydrocarbons not specifically defined shall have meanings
customarily attributable thereto by prudent operators in the oil and gas pipeline industry.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -259. Exemption for franchised utility pipelines.
Nothing contained in this division shall apply to a pipeline for which a franchise has been obtained from
the city.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -260. Pipeline permit required.
It shall be unlawful for any person, acting either for himself or as an agent, employee, independent
contractor or servant of any other person, to commence to install, construct, reconstruct, rework, modify,
replace, or operate a pipeline or any section of a pipeline or to assist in the installation, construction,
reconstruction, reworking, modification, replacement or operation of a pipeline, or install monitoring or
recovery wells, unless the appropriate pipeline permit has first been obtained permitting such activities.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Secs. 9.5- 261 - -9.5 -265. Reserved.
Subdivision B.
Regulated Pipelines
Sec. 9.5 -266. General requirements and construction standards.
(a) The provisions of this subdivision shall govern all regulated pipelines as defined in this article.
(b) The following regulations shall apply to all regulated pipelines:
(1) No regulated pipeline for the transportation of gas, oil or hydrocarbons shall be constructed or
laid except on rights of way or easements owned by the owners or operators of wells or third
party pipeline companies, or upon designated drilling tracts and upon rights of way or easements
necessary to connect future wells to present lines.
(2) In order to install, construct, maintain, repair. replace, modify. remove or operate a regulated
pipeline, the pipeline operator must first obtain from the city an easement or license on, over,
under, along or across any affected city streets, sidewalks, alleys and other city property. Such
easement or license shall continue for as long as pipeline operations continue under any
regulated pipeline permit.
(3) The pipeline operator of any regulated pipeline shall:
a. Not interfere with or damage existing utilities including but not limited to: water, sewer
or gas lines, storm drains, electric lines or the facilities of public utilities located on,
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under or across the course of such right of way; and
b. Construct such pipeline or cause same to be constructed out of new pipe; and
c. Grade, level and restore the affected property to the same surface condition, as nearly
practicable, as existed before operations were first commenced; and
d. Backfill all trenches and compact such trenches to 95 percent standard density proctor in
eight -inch lifts and construct the regulated pipeline so as to maintain a minimum depth of
eight feet below the finished grade except in public rights of way, where minimum cover
to the top of the pipe shall be at least eight feet below the bottom of any adjacent roadside
ditch. No public roads may be crossed by open cut. During the backfill of any regulated
pipeline excavations, the pipeline operator shall bury "Buried Pipeline" warning tape one
foot above any such pipeline to warn future excavators of the presence of a buried
pipeline. The administrator may require that sections of proposed regulated pipeline be
constructed at deeper depths based upon future city infrastructure needs. The
administrator may also require that a proposed or existing regulated pipeline be relocated
should it conflict with the proposed alignment and depth of a gravity dependent utility;
and
e. Construct, repair and /or maintain of all regulated pipelines so as to meet or exceed the
applicable minimum criteria established by the statutory or regulatory requirements of the
state and federal governments for such pipeline; and
f. Design and construct all regulated pipelines in accordance with this subdivision and the
latest standards mandated by the U.S. Department of Transportation (DOT) and railroad
commission for pipelines operating within a class 3 location in accordance with 49 CFR
192.111; and
g. Equip all regulated pipelines subject to this subdivision with an automated pressure
monitoring system that detects leaks and shuts off any line or any section of line that
develops a leak. In lieu of such system, the pipeline operator may have 24 -hour pressure
monitoring of the pipeline system which provides monitoring of the pipeline within the
city limits. Any monitoring system(s) shall be keyed to or required to notify the city's
emergency response providers in order to provide them with immediate notice of any
leak.
(c) Upon approval of a regulated pipeline permit, and prior to the issuance of such permit, the
pipeline operator shall deposit with the city, and shall maintain at all times during the continuation of pipeline
operations, a fund with the city containing a minimum running balance of $15,000.00 for each regulated
pipeline permit application approved. The funds shall be maintained by the city in an interest bearing account
from which the city shall 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 pipeline
operator, in writing, of any deduction from the application fund, and, within 15 days of receipt thereof, the
pipeline operator shall pay to the city, for deposit into the application fund, the amount necessary to return the
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balance to $15,000.00. The pipeline operator may appeal any charge assessed against the fund by filing an
appeal as provided in this article. If the pipeline 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 regulated
pipeline permit and the city may pursue all remedies provided in this article for such violation. If the pipeline
subject to the regulated pipeline permit is disconnected from all sources or supplies of gas, hazardous liquids
and chemicals and capped or sealed at the ends and/or removed in accordance with the provisions of this
subdivision, and any required site remediation completed, following final inspection and approval by the city,
and fulfillment by the pipeline operator of all of pipeline operator's obligations under this article, the city shall
return any remaining account balance to the operator or the operator's approved assign.
(d) The pipeline operator shall give notice 72 hours prior to the commencement of pipeline
construction to all residents and operators of habitable structures that are located within 1,000 feet of the
proposed centerline of the pipeline.
(e) Within 60 days after completion of pipeline construction the pipeline operator shall provide the
city with as -built or record drawings of the pipelines. Accuracy of the record drawings shall meet a survey level
of one foot to 50,000 feet. The scale of the record drawings shall be a minimum of one inch to 40 feet. The
drawings shall also be supplied in a DFF digital file format with the location tied to at least one nearby GPS
(global positioning system) city monument. If the new pipeline length exceeds 1,000 feet within the city, the
pipeline shall be tied to at least two GPS city monuments.
(f) A preconstruction conference with the pipeline review committee shall be required prior to the
commencement of pipeline construction.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -267. Regulated pipeline permit application requirements.
(a) At least 45 days prior to the scheduled commencement of the installation, construction,
reconstruction, reworking, modification, replacement or operation of a new regulated pipeline, the pipeline
operator shall submit an application and pay a fee in the amount set in the city's fee schedule for a regulated
pipeline permit to the city.
(b) A regulated pipeline permit application shall meet the following requirements:
(1) Any applications for a new regulated pipeline or other activities regulated by this subdivision
shall be submitted to the city on a form prescribed by the city; and
(2) Each application for a regulated pipeline permit shall be accompanied by five paper sets and one
electronic set of plans showing the dimensions and locations of the regulated pipeline and related
items or facilities within the subject right of way or easement, as well as all proposed lift
stations, pumps or other service structures related to such pipeline and the location, type and size
of all existing utilities, drainage, right of way and roadway improvements. The plans must
additionally show the elevation and location of all known public utilities within 15 feet of the
centerline of the proposed pipeline. Any application that fails to meet these requirements will be
returned unfiled to the applicant; and
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(3) Within 30 days after the date of filing of said application and plans, the city shall send notice to
the applicant as to whether the application will be accepted for processing and the total charge
due. If the application is rejected, reasons for rejection of the application shall be provided in
writing.
(c) The following information shall be provided in the application for a regulated pipeline permit:
(1) The name, business addresses and telephone numbers of the pipeline operator; and
(2) The names, titles and telephone numbers of the following:
a. The person signing the application on behalf of the pipeline operator; and
b. The person designated as the principal contact for the submittal; and
c. The person designated as the 24 -hour emergency contact; and
(3) The origin point and the destination of the proposed subject pipeline; and
(4) A text description of the general location of the proposed subject pipeline; and
(5) A description of the substance to be transported through the proposed subject pipeline; and
(6) A copy of the substance material safety data sheet (MSDS); and
(7) The maximum allowable operating pressure on the proposed subject pipeline, along with the
specified minimum yield strength (SMYS) of the pipe, its pressure class and design calculations
in accordance with 49 CFR 192.105, assuming a class 3 or better location; and
(8) The normal operating pressure range of the proposed subject pipeline, not to exceed the
maximum allowable operating pressure as designated above; and
(9) Engineering plans, drawings and /or maps with summarized specifications showing the horizontal
location, covering depths and location of shutoff valves of the proposed subject pipeline. (The
location of shutoff valves must be known in order for emergency responders to clear area for
access valves.) To the extent that information can be obtained, drawings shall show the location
of other pipelines and utilities that will be crossed or paralleled within 15 feet of the proposed
subject pipeline right of way; and
(10) A description of the consideration given to matters of public safety and the avoidance, as far as
practicable, of existing habitable structures and congregated areas; and
(11) Detailed cross section drawings for all public street right of way and easement crossings; and
(12) Methods to be used to prevent both internal and external corrosion; and
(13) A binder or certificates of all bonds and insurance as required under this division; and
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(14) All application materials required pursuant to the city's tree preservation ordinance, as it may be
amended, including a tree survey measured from the outer edge of any improvements,
construction areas, development, equipment, materials, temporary roads, access easements
and/or built structures, extending 25 feet, without regard to intervening structures or objects; and
(15) A proposed alignment strip map showing name and address of all affected property owners; and
(16) A site plan showing the location of such pipeline conforming to the city's standards for site plans,
pursuant to section 40 of the zoning ordinance, as amended.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -268. Permit review process and procedures.
(a) No regulated pipeline permit shall be approved or issued if the proposed activities do not fully
conform to all provisions of this article and all other applicable city ordinances, state and federal law. No
regulated pipeline permit may be issued unless and until a specific use permit is approved by the city council for
the well or wells within the city intended to be served by such pipeline.
(b) All requirements for a regulated pipeline permit as provided in this subdivision must be
completed by the pipeline operator prior to any regulated pipeline permit being considered as being
administratively complete. Any application submitted that is determined to be administratively incomplete shall
be returned to the pipeline operator within ten business days of the submittal date along with a letter
documenting the deficiencies of the application, if any.
(c) Within 30 days after the date of presentation of said application and plans, the administrator shall
send notice to the applicant as to whether the application will be accepted for filing and the total charge due. If
the application is rejected as incomplete, the administrator shall provide the reasons for rejection of the
application in writing.
(d) After the filing of an administratively complete application, an administrative conference may be
conducted to seek resolution of any substantive, non - resolvable technical issues. The conference shall be
conducted with the pipeline review committee, which shall consist of the city engineer, fire marshal,
administrator, inspector, director of planning and development services and, if necessary, a third-party technical
advisor. The costs associated with the technical advisor shall be borne by the pipeline operator. A quorum of at
least three members must be present, and at least one of the members present at the conference must have
emergency management expertise in order to conduct a conference. Any decision by the pipeline review
committee is final.
(e) If the pipeline review committee determines that the city should obtain an independent study or
analysis of an application to construct a new pipeline, upon approval by the city council, the city shall engage
duly qualified independent consultant(s) or contractor(s) to conduct such special studies or analyses as required
to fully evaluate and act upon an application for a new pipeline. The actual cost for said consultant or
contractor, including the cost of any inspections deemed necessary by the pipeline review committee or
otherwise required by this division, shall be paid by the pipeline operator, and may be billed directly to the
pipeline operator's fund balance established pursuant to this subdivision.
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(f) Following completion of the review process described herein, the administrator shall either issue
the regulated pipeline permit, or deny the application. If the application is rejected, the administrator shall
provide the reasons for rejection of the application in writing.
(g) Any change in service of a pipeline not previously addressed by this subdivision to gas,
hazardous liquid or chemical service as a regulated pipeline must be reviewed in accordance with the new
pipeline review procedure outlined herein, as if it were a new regulated pipeline.
(h) If construction of a regulated pipeline has not commenced within six months of the date of
issuance of the regulated pipeline permit, or if the regulated pipeline has not been completed and the surface
restored within one year, the regulated pipeline permit shall expire; provided, however, that the director of
planning and development services may grant an extension of time not to exceed one year if the director of
planning and development services determines that weather or other unexpected physical conditions justify such
an extension. If the regulated pipeline permit expires as provided herein, and construction of the subject pipeline
has commenced but has not yet been completed, the pipeline operator shall immediately cease construction but
shall complete any site remediation required by this subdivision or other applicable law, regulation or
ordinance.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 269. Public education.
(a) In keeping with the Natural Gas Pipeline Safety Act of 1968 and 49 CFR 192.614, "Damage
Prevention Program," 49 CFR 192.615, "Emergency Plans," the Hazardous Liquids Safety Act of 1979, and 49
CFR 195.408, "Communications," 49 CFR 195.440, "Public Awareness," and the Community Right -to -Know
Act, 40 CFR Parts 350 -374:
(1) Each pipeline operator subject to this subdivision shall maintain a public education program,
and, as part of such program, shall communicate at least annually, in both English and Spanish,
the information specified in this section to the occupants of habitable structures within 1,000 feet
of the centerline of a regulated pipeline.
(2) Pipeline information communicated pursuant to subsection (a)(1) above of this section shall
address the following subjects:
a. Pipeline location; and
b. Material transported within the pipeline; and
c. Pipeline markers; and
d. How to recognize a pipeline; and
e. How to report a pipeline emergency; and
f. Contact information regarding underground utility locations; and
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g. Additional requirements for excavations near a home or business; and
h. Response needs during a pipeline emergency including instructions for sheltering in the
event of an emergency.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -270. Pipeline information reporting requirements.
(a) Each pipeline operator subject to this subdivision shall provide to the inspector, the fire marshal
and the police chief the names, mailing addresses and telephone numbers of at least two primary persons,
officers or contacts available on a 24 -hour basis and at least two alternative persons, officers or contacts to be
reached in the event the primary contacts are unavailable who:
(1) Can initiate appropriate actions to respond to an emergency; and
(2) Have access to information on the location of the closest shutoff valve to any specific point in
the city; and
(3) Can furnish the common name of the material then being carried by the pipeline.
Any change in the above - referenced contact information must be provided to the city by contacting the
inspector prior to such change.
(b) Every pipeline operator subject to this subdivision shall be required to present to the city a safety
report and file with the city an annual verified safety report in letter form on or before June 30 of each year to
cover a reporting period of June 1 through May 31. Said written safety report shall contain the following
information:
(1) A statement that the pipeline has no outstanding safety violations as determined in an inspection
or audit by either the railroad commission and /or the U.S. Department of Transportation with
regard to any pipeline operating within the city. Alternatively, if there are any safety violations
as determined by the railroad commission and /or the U.S. Department of Transportation that
have not been corrected, these shall be described to the city with an action plan to correct the
safety violations. Said action plan shall include a timeline for corrective action and the individual
or firm responsible for each action; and
(2) Evidence that the pipeline operator has current liability insurance as required by this subdivision;
and
(3) A statement that the pipeline information specified in subsection (a) of this section is correct.
Alternatively, in the event that the required information on file with the city is no longer correct,
updated or corrected information shall be submitted within five days of the change and the
updated information shall be submitted with the annual safety report; and
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(4) If the pipeline operator has no reporting responsibility to the railroad commission or the U.S.
Department of Transportation and is otherwise exempt from the safety regulations of either of
such agencies, the following documents pertaining to the preceding reporting period of June 1
through May 31:
a. Copies of internal reports of responses to pipeline emergencies, as pipeline emergency is
defined in this article; and
b. Current operations and maintenance logs; and
c. Current emergency action plan.
(5) A log of all the maintenance and monitoring activities conducted on all lines subject to this
division for the reporting period shall be made available upon request by the city; and
(6) The pipeline operator subject to this subdivision shall submit the annual safety report with
respect to all pipelines subject to the ordinances of the city. The safety report and verification
shall be executed by an officer or a person who is authorized to sign such safety report letter and
make verification. The prescribed form of verification on the safety report letter shall read:
Verification
I, [NAME], the [TITLE] of [PIPELINE OPERATOR], am authorized to make and have made
the foregoing annual safety report letter to the city for oil and gas pipelines. Any attachments
made to this letter are true and correct copies of originals and the information provided in this
letter is true and correct to the best of my knowledge and is information based on the standard of
inquiry and investigation as would be made by a reasonably prudent pipeline operator within the
city.
Signature of Officer or
Person Authorized to Sign Letter
STATE OF TEXAS
COUNTY OF [Place Where Safety Letter is Prepared]
The foregoing annual safety report letter was sworn to and subscribed before me by (signatory of
letter) on this day of , 20
Signed:
Notary Public for the
State of Texas
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Printed Name:
My Commission Expires:
(c) The actual administrative costs incurred by the city in reviewing the annual safety letter shall be
billed directly to the pipeline operator's fund balance established pursuant to this subdivision.
(d) Each pipeline operator subject to this subdivision shall file a copy of all initial or follow -up
reports provided to the U.S. Department of Transportation or the railroad commission on unsafe pipeline
conditions, pipeline emergencies or pipeline incidents within the city concurrently with the city. In addition,
such pipeline operator shall file any initial or follow -up reports filed with state and federal environmental
regulatory agencies pertaining to pipeline releases within the city concurrently with the city.
(e) Upon written request, each pipeline operator subject to this subdivision shall make available
during normal business hours and at the pipeline operator's local office, documents for review that are required
for submittal to or to be maintained on file for the U.S. Department of Transportation and the railroad
commission, including but not limited to the following:
(1) Operations and maintenance records; and
(2) Employee training records; and
(3) Annual inspection reports; and
(4) Repair records; and
(5) Operating records; and
(6) Insurance records.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -271. Pipeline markers.
(a) In accordance with U.S. Department of Transportation and railroad commission requirements,
each pipeline operator subject to this subdivision shall place and maintain permanent line markers as close as
practical over the regulated pipeline(s) at each crossing of a public street, utility easement and railroad.
Marker(s) shall also be maintained along each regulated pipeline that is located above ground in an area
accessible to the public. The markers shall be of permanent type construction and contain labeling identifying
the:
(1) Pipeline operator; and
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(2) Twenty - four -hour contact telephone number; and
(3) A general description of the product transported in the pipeline; i.e., natural gas, oil, petroleum.
(b) No person shall tamper with, deface, damage or remove any pipeline marker, except the pipeline
operator; and
(c) Upon written request of the owner of real property on which a habitable structure is located and
through which a regulated pipeline traverses, the pipeline operator shall install temporary pipeline markers or
flagging to reduce the possibility of pipeline damage or interference, in accordance with this division.
(d) The material, design, color, size and content of each line marker shall comply with railroad
commission and U.S. Department of Transportation regulations.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 272. One call system.
A pipeline operator that transports gas, oil, liquids or hydrocarbons through a regulated pipeline located
in the city shall be a member in good standing with the one call system or other approved excavation
monitoring system as required by state law. The pipeline operator that transports gas, oil, liquids or
hydrocarbons through a regulated pipeline subject to this subdivision shall contract for service with the selected
underground utility coordinating system for a minimum of five years unless there is an agreement to change to
an alternate system between the city and the pipeline operator. Said pipeline operator shall maintain such
services without interruption for the life of the regulated pipeline permit. The selected underground utility
coordinating system may be different that the one used by the city for other underground utility services.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 273. Inactive and idled pipelines.
(a) The following regulations shall apply to inactive pipelines:
(1) A pipeline operator subject to this subdivision shall maintain and keep current all reporting
records specified in this subdivision on all pipelines, regardless of whether such pipelines are
inactive or idled; and
(2) A pipeline operator subject to this subdivision shall purge any inactive pipelines of gas,
hazardous liquids, and chemicals, and physically isolate such pipeline if such action does not
adversely affect the pipeline operator's right of way easement and does not prevent the pipeline
operator from maintaining the physical integrity of the pipeline. A pipeline operator subject to
this subdivision shall maintain any inactive pipelines to prevent deterioration; and
(3) If a regulated pipeline is physically isolated as provided herein, a pipeline operator subject to this
subdivision shall include the means used to physically isolate the inactive pipeline in the
information retained on file with the city for reporting as specified in section 9.5 -270.
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(b) The following regulations shall apply to idled pipelines:
(1) If a regulated pipeline is idled, a pipeline operator subject to this subdivision shall make an entry
to the required reporting records as required in this subdivision that the pipeline has been idled;
and
(2) If a regulated pipeline is idled, a pipeline operator subject to this subdivision shall purge and
disconnect such pipeline from all sources or supplies of gas, hazardous liquids and chemicals,
and cap or seal such pipeline at the ends; and
(3) Reactivation of idled regulated pipelines shall require notification to the city pursuant to the
standards and requirements specified in this subdivision. Reactivation shall require pressure
testing for integrity and compliance with railroad commission and /or U.S. Department of
Transportation regulations.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -274. Emergency response plans and emergency incident reporting.
(a) Each pipeline operator subject to this subdivision shall maintain written procedures to minimize
the hazards resulting from an emergency. These procedures shall at a minimum provide for the following:
(1) Prompt and effective response to emergencies, including but not limited to the following:
a. Leaks or releases that can impact public health, safety or welfare; and
b. Fire or explosions at or in the vicinity of a pipeline or pipeline easement; and
c. Natural disasters; and
(2) Effective means to notify and communicate required and pertinent information to local fire,
police and public officials during an emergency; and
(3) The availability of personnel, equipment, tools and materials as necessary at the scene of an
emergency; and
(4) Measures to be taken to reduce public exposure to injury and probability of accidental death or
dismemberment; and
(5) Emergency shut down and pressure reduction of a pipeline; and
(6) The safe restoration of service following an emergency or incident; and
(7) A follow -up incident investigation to determine the cause of the incident and require the
implementation of corrective measures.
(b) Each pipeline operator subject to this subdivision shall meet annually with the inspector and fire
60
marshal to review emergency response plans. These reviews shall be in accord with U.S. Department of
Transportation and railroad commission requirements and the pipeline operator will do the following:
(1) Furnish or update a copy of the emergency response plan described in subsection (a) of this
section; and
(2) Review the responsibilities of each governmental organization in response to an emergency or
incident; and
(3) Review the capabilities of the pipeline operator to respond to an emergency or incident; and
(4) Identify the types of emergencies or incidents that will result in or require contacting the city;
and
(5) Plan mutual activities that the city and the pipeline operator can engage in to minimize risks
associated with pipeline operation; and
(6) The city shall provide the pipeline operator with a list of additional contacts that shall be made in
the event of a pipeline emergency or incident. The city will inform the pipeline operator of the
emergency response groups that will be contacted through 911.
(c) Upon discovery of a pipeline emergency or incident, any affected pipeline operator subject to
this subdivision shall as soon as practical communicate to the city the following information:
(1) A general description of the emergency or incident; and
(2) The location of the emergency or incident; and
(3) The name and telephone number of the person reporting the emergency or incident; and
(4) The name of the pipeline operator; and
(5) Whether or not any hazardous material is involved and identification of the hazardous material
so involved; and
(6) Any other information as requested by the emergency dispatcher or other such official at the time
of reporting the emergency or incident.
(d) Upon discovery of a pipeline emergency or incident, a pipeline operator subject to this
subdivision shall contact any other emergency response groups that are necessary that may not be activated
through the county 911 system.
(e) Upon discovery of a pipeline emergency or incident, a pipeline operator subject to this
subdivision shall contact the Southlake fire services immediately after the discovery of any pipeline emergency.
(f) Notwithstanding any provision in this division, each pipeline operator subject to this subdivision
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shall equip and maintain any pipeline containing natural gas which contains hydrogen sulfide in concentrations
of more than 100 parts per 1,000,000,000 with an audible alarm system that will provide an alarm to the general
public in the event of a leak from any pipeline, gathering or flow line subject to this division. Said audible alarm
system shall be of a type and design approved by the city.
(g) Within two years of the effective date of the pipeline permit and every two years thereafter, each
pipeline operator subject to this subdivision shall conduct an on -site emergency drill that includes, but shall not
be limited to, the personnel operating the pipeline, local law enforcement personnel and officials of the city.
(h) Notwithstanding the foregoing, a pipeline operator subject to this subdivision shall report all
incidents involving well safety or integrity that do not rise to the level of a pipeline emergency to the city by
completing an incident report on forms prepared by the city. Incident reports must be filed by the pipeline
operator within 24 hours of discovering the incident.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -275. Pipeline repairs and maintenance.
(a) All repairs and maintenance of regulated pipelines are to be performed in accordance with U.S.
Department of Transportation and railroad commission mechanical integrity requirements.
(b) If non - emergency repairs necessitate excavation of a regulated pipeline, the pipeline operator
shall send notification to occupants of business establishments and residential dwellings located within 500 feet
from the centerline of the pipeline to be excavated at least five days prior to commencing such repairs.
(c) If above - ground non - emergency repairs that are not routine maintenance are required, the
pipeline operator shall send notification to occupants of businesses and residential dwellings located within 500
feet from the centerline of the pipeline section to be repaired at least five days prior to commencing such
repairs.
(d) The notice required in subsections (b) and (c) of this section shall be sent by U.S. regular mail,
postage prepaid mailed at least five days prior to commencing any non - emergency repair; provided, however,
that the pipeline operator may use hand delivery notice as an alternative, at the pipeline operator's discretion.
(e) Inspection of the interior of all regulated pipelines shall comply with U.S. Department of
Transportation and railroad commission rules.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -276. No assumption of responsibility by city.
Nothing in this subdivision shall be construed as an assumption by the city of any responsibility of a
pipeline operator of a regulated pipeline not owned by the city, and no city officer, employee or agent shall have
authority to relieve a pipeline operator from their responsibility under this subdivision or by any other law,
ordinance or resolution.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -277. Protection and painting of structures.
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A pipeline operator subject to this subdivision shall keep protected and painted all pipeline risers and all
appurtenances related to regulated pipeline construction and operations which are composed of materials which
are generally protected or painted. Such operator shall repaint all such items at sufficiently frequent intervals to
maintain same in good condition. It shall be a violation of this article for any pipeline operator subject to this
subdivision to permit any pipeline riser and/or appurtenances related to pipeline construction and operations to
be in a state of disrepair or to have chipped, peeling or unpainted portions thereof.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 278. No implied grant of easement for street and right of way use.
(a) In the event a regulated pipeline is placed within any public right of way under the jurisdiction of
the city, the pipeline operator shall comply with the right of way use regulations as provided in this Code.
Nothing in this subdivision grants permission for the use of any street, right of way or property of the city, and
any such use shall be subject to the city at its sole discretion.
(b) To the extent that the provisions of this subdivision conflict with the city's right of way use
ordinance, this subdivision shall control.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 279. Violations.
(a) Any pipeline operator subject to this subdivision, who shall have failed to comply with this
division, shall be deemed to be maintaining a nuisance and the city may take such measures to remedy such
nuisance, including but not limited to revocation of the pipeline operator's pipeline permit.
(b) It shall be a violation of this subdivision for a person to knowingly make a misrepresentation of
any information to be reported pursuant to this division. It shall also be a violation of this subdivision if the
person makes such misrepresentation as a result of failure to exercise such due diligence of investigation or
inquiry, as would a reasonably prudent pipeline operator conducting business in the jurisdiction of the city.
(c) Each violation of any section, subsection or part of this subdivision shall be a separate offense.
Each day of ongoing violation shall be a separate offense, and shall carry with it a fine of not less than
$1,000.00 per day and not more than $2,000.00 per day. If fines are not paid within 30 days of issuance, the
well permit may be suspended or revoked by the city.
(d) The city shall be entitled to injunctive relief or any other appropriate relief in a court of
appropriate jurisdiction to prevent violation of or to compel compliance with this subdivision.
(Ord. No. 880 - A, § 2, 5 - 20 - 08)
Sec. 9.5 - 280. Bond and insurance required.
(a) In the event that a pipeline permit is issued for a regulated pipeline or other operations under this
subdivision, no actual operation shall be commenced until the pipeline operator files with the city secretary a
bond and a certificate of insurance as follows:
(1) No person shall begin the construction or operation of any regulated pipeline until such person
63
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has obtained a valid permit and filed with the city secretary a duly executed bond executed by
the pipeline operator as principal with an A.M. Best "A" rated surety company that is acceptable
to the city and is licensed to conduct business in the state as surety, payable to the city and the
policy shall name the city as an additional insured and such surety company shall maintain an
A.M. Best "A" rating for the policy period. Said bond shall include conditions that the pipeline
operator, its heirs, assigns and successors will do the following:
a. Comply with the terms and conditions of the application and this subdivision in the
construction, operation and maintenance of the pipeline and related structure(s); and
b. Restore all streets and sidewalks and all other public places and all public utilities that
may be injured or damaged in the operation to their former condition; and
c. Remove all litter, machinery, buildings, trash and waste used, accumulated or allowed in
the construction of any pipeline within ten days of the completion of said construction;
and
d. Remove all litter, machinery, buildings, trash and waste used, accumulated or allowed in
the operation of any pipeline within ten days of the completion of said operations.
(2) Such bond shall be in the sum of $1,000,000.00 and before the pipeline permit shall be issued,
the bond must be approved by the city and filed with the city secretary. Such bond shall become
effective upon the granting of the pipeline permit and shall remain in full force and effect until
all work under the terms of such pipeline permit has been completed. Such bond may later be
amended to include other pipelines, under provisions of other applications or other permits.
(3) In addition to the bond required in subsection (a)(1) above of this section, each person desiring to
construct a regulated pipeline or to conduct any other work under the provisions of this
subdivision shall be required to carry public liability insurance with a carrier rated "A" or better
by A.M. Best in a minimum amount of $1,000,000.00 for one person and $5,000,000.00 for one
accident and property damage insurance in the amount of $10,000,000.00 for one accident,
which shall remain in full force and effect and be carried so long as such pipeline is operated. A
certificate of insurance shall be furnished annually by the permittee or the subsequent pipeline
operator showing that such insurance is and continues in effect.
(4) Each pipeline operator subject to this subdivision shall provide and maintain in full force and
effect during the term of its permit insurance with the following minimum limits:
a. Worker's compensation at statutory limits; and
b. Employer's liability, including bodily injury by accident and by disease, for $500,000.00
combined single limit per occurrence and a 12 -month aggregate policy limit of
$1,000,000.00; and
c. Commercial general liability coverage, including blanket contractual liability, products
and completed operations, personal injury, bodily injury, broad form property damage,
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operations hazard, pollution, explosion, collapse and underground hazards for
$5,000,000.00 per occurrence and a 12 -month aggregate policy limit of $10,000,000.00;
and
d. Automobile liability insurance (for automobiles used by the pipeline operator in the
course of its performance under the pipeline permit, including employer's non - ownership
and hired auto coverage) for $2,000,000.00 combined single limit per occurrence.
(b) The city may adjust the above minimum liability limits every five years during the term of the
pipeline permit, or sooner as determined by city council, to compensate for the effects of inflation and with the
objective to reestablish the value of coverage required as of the effective date of this division.
(c) Each policy or an endorsement thereto, except those for worker's compensation and employer's
liability, shall name the city and its officers, officials, employees, successors and assigns as additional insured
parties, but limited to risks indemnified pursuant to this division. If any such policy is written as "claims made"
coverage and the city is required to be carried as an additional insured, then the pipeline operator subject to this
subdivision shall purchase policy period extensions so as to provide coverage to the city for a period of at least
two years after the last date that the pipeline permit is in effect. No deductible shall exceed ten percent of the
minimum limits of liability or one percent of the consolidated net worth of such pipeline operator and its
permitted affiliates, whichever is greater.
(d) Each pipeline operator subject to this subdivision shall assume and bear any claims or losses to
the extent of deductible amounts and waives any claim it may ever have for the same against the city and its
officers, officials, employees, successors and assigns in respect of any covered event.
(e) All such policies and certificates shall contain an agreement that the insurer shall notify the city
in writing not less than 30 days before any material change, reduction in coverage or cancellation of any policy.
Each pipeline operator subject to this subdivision shall give written notice to the city within five days of the
date upon which total claims by any party against such pipeline operator reduce the aggregate amount of
coverage below the amounts required by the regulated pipeline permit.
(f) Each policy must contain an endorsement to the effect that the insurer waives any claim or right
in the nature of subrogation to recover against the city, its officers, officials, employees, successors and assigns.
(g) Each policy must contain an endorsement that such policy is primary insurance to any other
insurance available to the city as an additional insured with respect to claims arising thereunder.
(h) The city council may modify the requirements of this section, as it deems appropriate, in order to
account for the risk and possible threat to the public health, safety and general welfare posed by the operation of
pipelines within the city.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -281. Termination of permit.
Any violation of the provisions of any or all sections of this subdivision shall be grounds for the
termination of any regulated pipeline permit. The termination of any regulated pipeline permit shall require the
65
immediate cessation of all operations subject to such pipeline permit and shall require the pipeline operator
subject to this subdivision to reapply for a new pipeline permit in full accordance with the provisions of this
subdivision.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Secs. 9.5- 282 - -9.5 -285. Reserved.
Subdivision C.
Unregulated Pipelines
Sec. 9.5 -286. General requirements and minimum design standards.
(a) The provisions of this subdivision shall govern all unregulated pipelines as defined in this article.
(b) The following requirements shall apply to all unregulated pipelines:
(1) No unregulated pipeline for the transportation of gas, oil or hydrocarbons from wells to be drilled
shall be constructed or laid except on rights of way or easements owned by the owners or
operators of wells or third party pipeline companies, or upon designated drilling tracts and upon
rights of way or easements necessary to connect future wells to present lines; and
(2) In order to install, construct, maintain, repair, replace, modify, remove or operate an unregulated
pipeline, the pipeline operator must first obtain from the city an easement on, over, under, along
or across the city streets, sidewalks, alleys and other city property. Such easement shall continue
for so long as pipeline operations continue under any unregulated pipeline permit.
(c) The pipeline operator of any unregulated pipeline shall do the following:
(1) Not interfere with or damage existing utilities including but not limited to: water, sewer or gas
lines, storm drains, electric lines or the facilities of public utilities located on, under or across the
course of such right of way; and
(2) Grade, level and restore the affected property to the same surface condition, as nearly
practicable, as existed before operations were first commenced; and
(3) Upon completion of pipeline construction, the pipeline operator shall provide the city with as-
built or record drawings of the pipelines within 60 days. Accuracy of the record drawings shall
meet a survey level of one foot to 50,000 feet. The scale of the record drawings shall be a
minimum of one inch to 40 feet. The drawings shall also be supplied in a DFF digital file format
with the location tied to at least one nearby GPS (global positioning system) city monument. If
the new pipeline length exceeds 1,000 feet within the city, the pipeline shall be tied to at least
two GPS city monuments.
(Ord. No. 880 -A, § 2, 5- 20 -08)
66
Sec. 9.5 -287. Unregulated pipeline permit application requirements.
(a) At least 45 days prior to the scheduled commencement of the installation, construction,
reconstruction, reworking, modification, replacement or operation of a new unregulated pipeline, the pipeline
operator shall submit an application and pay a fee in the amount set in the city's fee schedule for an unregulated
pipeline permit to the city.
(b) An unregulated pipeline permit application shall meet the following requirements:
(1) Any applications for a new unregulated pipeline or other activities regulated by this subdivision
shall be submitted to the city on a form prescribed by the city; and
(2) Each pre - submittal application for an unregulated pipeline permit shall be accompanied by ten
11x17 paper sets and one pdf electronic set of plans showing the dimensions and locations of the
unregulated pipeline and related items or facilities within the subject right of way or easement, as
well as all proposed lift stations, pumps or other service structures related to such pipeline and
the location, type and size of all existing utilities, drainage, right of way and roadway
improvements. The plans must additionally show the elevation and location of all known public
utilities within 15 feet of the centerline of the proposed pipeline. Any application that fails to
meet these requirements will be returned as incomplete to the applicant; and
(3) 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 for formal submittal
processing and the total charge due. A formal submittal application for an unregulated pipeline
permit shall be accompanied by two full -size paper sets, one 11 x 17 paper set and one pdf
electronic set showing all of the items described in subsection (b)(2) above. Any application that
is returned as incomplete, the administrator shall provide notice to the pipeline operator of the
deficiencies.
(c) The following information shall be provided in the application for an unregulated pipeline
permit:
(1) The name, business addresses and telephone numbers of the pipeline operator; and
(2) The names, titles and telephone numbers of the following:
a. The person signing the application on behalf of the pipeline operator; and
b. The person designated as the principal contact for the submittal; and
c. The person designated as the 24 -hour emergency contact; and
(3) The origin point and the destination of the proposed subject pipeline; and
(4) A text description of the general location of the proposed subject pipeline; and
(5) A description of the substance to be transported through the proposed subject pipeline; and
67
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(6) A copy of the substance material safety data sheet (MSDS); and
(7) The maximum allowable operating pressure on the proposed subject pipeline, along with the
specified minimum yield strength (SMYS) of the pipe, its pressure class and design calculations
in accordance with 49 CFR 192.105, assuming a class 3 or better location; and
(8) The normal operating pressure range of the proposed subject pipeline; and
(9) Engineering plans, drawings and/or maps with summarized specifications showing the horizontal
location, covering depths, and location of shutoff valves of the proposed subject pipeline. (The
location of shutoff valves must be known in order for emergency responders to clear area for
access valves.) To the extent that information can be obtained, drawings shall show the location
of other pipelines and utilities that will be crossed or paralleled within 15 feet of the proposed
subject pipeline right of way; and
(10) Detailed cross section drawings for all public street right of way and easement crossings; and
(11) A proposed alignment strip map showing name and address of all affected property owners; and
(12) A site plan showing the location of such pipeline.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -288. Permit approval process and procedures.
If the administrator determines that the unregulated pipeline permit application is administratively
complete, then the administrator shall issue the unregulated pipeline permit.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -289. Pipeline information reporting requirements.
(a) Each pipeline operator subject to this subdivision shall provide to the inspector, the fire marshal
and the police chief the names, mailing addresses and telephone numbers of at least two primary persons,
officers or contacts available on a 24 -hour basis and at least two alternative persons, officers or contacts to be
reached in the event that the primary contacts are unavailable who:
(1) Can initiate appropriate actions to respond to an emergency; and
(2) Have access to information on the location of the closest shutoff valve to any specific point in
the city; and
(3) Can furnish the common name of the material then being carried by the pipeline.
Any change in the above information must be provided to the city by contacting the inspector prior to such
change.
(b) Each pipeline operator subject to this subdivision shall file a copy of all initial or follow -up
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reports provided to the U.S. Department of Transportation or the railroad commission on unsafe pipeline
conditions, pipeline emergencies or pipeline incidents within the city concurrently with the city. In addition,
such pipeline operator shall file any initial or follow -up reports filed with state and federal environmental
regulatory agencies pertaining to pipeline releases within the city concurrently with the city.
(c) Upon written request, each pipeline operator subject to this subdivision shall make available
during normal business hours and at the pipeline operator's local office, documents for review that are required
for submittal to or to be maintained on file for the U.S. Department of Transportation and the railroad
commission, including but not limited to the following:
(1) Operations and maintenance records; and
(2) Employee training records; and
(3) Annual inspection reports; and
(4) Repair records; and
(5) Operating records; and
(6) Insurance records.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 290. No assumption of responsibility by city.
Nothing in this subdivision shall be construed as an assumption by the city of any responsibility of a
pipeline operator of an unregulated pipeline not owned by the city, and no city officer, employee or agent shall
have authority to relieve a pipeline operator from their responsibility under this subdivision or by any other law,
ordinance or resolution.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 291. No implied grant of easement for street and right of way use.
(a) In the event an unregulated pipeline is placed within any public right of way under the
jurisdiction of the city, the pipeline operator shall comply with the right of way use regulations as provided in
this Code. Nothing in this subdivision grants permission for the use of any street, way or property of the city,
and any such use shall be subject to the city at its sole discretion.
(b) To the extent that the provisions of this subdivision conflict with the city's right of way use
ordinance, this subdivision shall control.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 292. Violations.
(a) Any pipeline operator subject to this subdivision, who shall have failed to comply with this
division, shall be deemed to be maintaining a nuisance and the city may take such measures to remedy such
69
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nuisance, including but not limited to revocation of the pipeline operator's pipeline permit.
(b) It shall be a violation of this subdivision for a person to knowingly make a misrepresentation of
any information to be reported pursuant to this division. It shall also be a violation of this subdivision if the
person makes such misrepresentation as a result of failure to exercise such due diligence of investigation or
inquiry, as would a reasonably prudent pipeline operator conducting business in the jurisdiction of the city.
(c) The city shall be entitled to injunctive relief or any other appropriate relief in a court of
appropriate jurisdiction to prevent violation of or to compel compliance with this subdivision.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -293. Location of unregulated pipelines.
(a) A pipeline operator of an unregulated pipeline shall comply with the conditions established in
this section governing mapping, inventorying, locating or relocating of unregulated pipelines within private
residential areas within the boundaries of the municipality.
(b) All new or relocated unregulated pipelines within private residential areas shall be located within
existing pipeline corridors within the city, unless the pipeline operator of the unregulated pipeline is able to
demonstrate to the city council, pursuant to a variance request under section 9.5 -223, hereof, that such
alignment is infeasible. In addition to the criteria set forth in section 9.5 -223, the city council shall consider the
following criteria when determining the feasibility of locating the new or relocated unregulated pipeline in
established pipeline corridors in the city:
(1) The availability and cost of established pipeline corridor space; and
(2) The availability and cost of right of way to and from the established pipeline corridor; and
(3) Technical, environmental, safety, efficiency and cost issues related to building, operating and
maintaining both the portion of the unregulated pipeline that would be located in the established
pipeline corridor and the lengths of unregulated pipeline required to gain access to and from the
established pipeline corridor; and
(4) Any delays in right of way acquisition or construction of unregulated pipeline that may result
from routing through an established pipeline corridor; and
(5) The availability of an alternative right of way to the pipeline operator.
(c) Where the city council determines it is not feasible for a new or relocated unregulated pipeline to
be located within an established pipeline corridor within private residential areas, the unregulated pipeline must:
(1) For platted property, be located within mandatory front, side yard or rear setback areas;
(2) For un- platted property, be contiguous and adjacent to the property boundaries of fee parcels or
existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that
would create unusable slivers of land; and
70
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(3) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and
areas of historical or cultural significance; and
(4) Avoid conflict with the location and opening of planned future streets and laying of planned
water, sanitary sewer and storm sewer lines incident to future private residential area
development.
The ultimate location of an unregulated pipeline that is infeasible of being located or relocated within an
established pipeline corridor within the city shall be established by the city council during the variance
procedure pursuant to section 9.5 -223, taking into account the requirements of this subsection (c).
(d) The burden of establishing that a pipeline is an unregulated pipeline as defined in this article
shall be on the pipeline operator. If a pipeline operator asserts that a pipeline is an unregulated pipeline as
defined in this article, the pipeline operator shall file a notice so providing with the administrator with the
permit application required by this article, accompanied by facts and documentation sufficient to establish such
status. The administrator shall review such notice and documentation and, with the assistance of the city
attorney, shall determine whether such pipeline is an unregulated pipeline as defined in this article. If the
administrator determines that such pipeline is a regulated pipeline, as opposed to an unregulated pipeline, it
shall be so treated; provided, however, that the pipeline operator may appeal such determination as provided in
this article.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sections 9.5 294 - -9.5 - 297. Reserved.
Subdivision D.
Regulations Regarding Conduct of Third Parties
Sec. 9.5 -298. Subdivision of property burdened by pipeline.
(a) When one or more residential lots in a proposed subdivision are crossed or come by or come
within 100 feet of any existing oil or gas pipeline or pipeline easement, the subdivider shall, prior to and as a
condition of city approval of the subdivision, execute the following waiver and hold harmless agreement, which
shall be duly acknowledged in the manner provided by law, and which shall thereafter be recorded in the
appropriate deed or other permanent county records:
"[Subdivider Name], by and through its duly undersigned and authorized officer, does hereby state that
it fully realizes that it is applying for a permit from the City of Southlake to build within 100 feet of an
existing oil or gas pipeline or pipeline easement, and that the City of Southlake considers building near
such pipeline or pipeline easement to have certain inherent dangers, including but not limited to
explosion and release of noxious, toxic and flammable substances. For the aforementioned reasons
[Subdivider Name] hereby RELEASES and agrees to forever HOLD HARMLESS the City of
Southlake, Texas, its officers, officials, employees, successors and assigns from all liability in any way
arising from the building, use or habitation of [structure described in the said permit]."
71
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(b) In all cases in which one or more residential lots in a proposed subdivision are crossed or come
by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the subdivider shall provide
a note on the face of the development plan and record plat stating that the subdivision is crossed or is located
within 100 feet of an existing oil or gas pipeline, and indicate the location of such pipeline on the face of the
development plan and record plat.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 - 299. Waiver/hold harmless agreement required for issuance of building permit.
(a) Any person, firm or corporation wishing to obtain a building permit for the erection,
construction, reconstruction or expansion of any structure, of which any portion of such erection, construction,
reconstruction or expansion would occur within 100 feet of an existing oil or gas pipeline or pipeline easement
shall, prior to and as a condition of the issuance of such building permit, execute the following waiver and hold
harmless agreement, which shall be duly acknowledged in the manner provided by law and which shall
thereafter be notarized and recorded in the appropriate deed or other permanent county records:
"I, [Applicant's Name], do hereby state, on my oath, that I fully realize I am applying for a permit from
the City of Southlake to build within 100 feet of an existing oil or gas pipeline easement; that I am fully
aware of the clangers inherent in building near such pipeline or easement, including but not limited to
explosion and release of noxious, toxic and flammable substances; and, further, that I do hereby
RELEASE and agree to forever HOLD HARMLESS the City of Southlake, Texas, its officers, officials,
employees, successors and assigns from all liability in any way arising from the building, use or
habitation of the structure described in the said permit."
(b) Prior to beginning any excavation, trenching or digging using powered equipment or hand tools
that may damage a pipeline, any person within the city shall be required to contact the one call system and any
other appropriate underground utility coordinating systems and determine if there are any pipelines or public
utilities in the vicinity of the proposed activities.
(c) If physical contact is made with a pipeline during any excavation, trenching or digging, the
pipeline operator must be notified by the person or agency making the physical contact with the pipeline for any
necessary pipeline inspection or repair.
(Ord. No. 880 -A, § 2, 5- 20 -08)
72
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