§ 824.05 PERFORMANCE STANDARDS.
    All oil and gas activities shall be conducted pursuant to Ohio R.C. Chapter 1509, as amended, and any administrative regulations promulgated thereunder, and pursuant to the provisions of this chapter, to ensure the public health, safety and general welfare. In case of a conflict between said administrative regulations and the regulations herein, the more restrictive regulation shall prevail.
   (A)   Storage tanks, separators and well installations shall be entirely enclosed by a minimum eight-foot high chain link-type fence, with three strands of barbed wire above such fence, which fence and barbed wire shall be installed within six weeks after fracturing or completing the well or within six months after commencement of drilling, whichever occurs first.
    (B)   All hatch lids eight inches in diameter or larger must be equipped with a wire insert to prevent accidental entry into such tanks.
    (C)   No waste, sludge, water or effluent of any kind shall in any manner be emptied or drained into any storm drainage course or sanitary sewer or otherwise be disposed of so as to cause any pollution of the waters or land of the city or create an environmental hazard. After any spill, leak or malfunction, the responsible party shall remove or cause to be removed to the satisfaction of the Building Commissioner all oil and waste materials from any public or private property affected by such spill, leak or malfunction. The responsible party shall also be liable for any and all damage to municipal utility services and for any extraordinary expense incurred by the city regarding the use of safety forces at an emergency caused by the drilling operation.
    (D)   All pits used in the drilling and fracturing process shall be constructed and adequately lined so as to prevent ground absorption of any waste, brine, sludge, oil, oil byproducts or any other substance that is harmful or deleterious to the environment. All pits must be maintained with watertight integrity and must be nonleaking. Within 45 days of the completion of the well, all substances contained in such pits shall be completely removed and safely disposed of and all pits shall be filled, leveled and landscaped.
    (E)   Prior to the commencement of the drilling operation and prior to the installation of any tank, the permit holder shall provide ingress and egress roads to all well sites. All roads to tank sites shall be constructed of asphalt or concrete and shall be maintained in good condition, free of mud and dust. Should mud or other materials be carried onto any public street, the permit holder shall immediately remove the same from such street to the satisfaction of the Director of Public Service. Compliance with this division (E) shall be verified by the Director prior to any equipment for drilling being placed on the premises.
    (F)   The permit holder shall notify the Police Department prior to moving the drilling rig onto or off the well site.
    (G)   No drilling site, storage tank or other equipment shall be located within 600 feet of any habitable building in a commercial or industrial zoning district or within 600 feet of any other zoning district. No drilling site may be within 150 feet of any dedicated street or railroad right-of-way. For good cause shown, the Council may approve a drilling site or a storage tank or other equipment located within a lesser distance than those delineated herein if the Council finds that such modified location will not adversely affect the public health, safety and welfare.
    (H)   Only fluid rotary-type drilling rigs sufficiently muffled against noise emissions shall be used in drilling operations.
    (I)   All storage tanks and/or separators shall be diked in accordance with the requirements of the Ohio Fire Code as adopted by the city in Chapter 1610 of the Fire Prevention Code. Dikes are to be maintained during the entire time period of well construction and subsequent operational phases.
    (J)   Tanks used in the storage of oil or water may not exceed ten feet in height or 140 barrels in capacity and are to be painted in a color approved by the Building Commissioner so as not to contrast with the surrounding environment. Not more than one oil or gas storage tank per well site shall be permitted (one tank for oil and one tank for brine).
    (K)   All gates are to be padlocked with a copy of the key given to the Fire Chief and the Police Chief. All oil and water lines with valves extending beyond the chain link fence shall be locked and capped.
    (L)   Emergency telephone numbers of gas and oil well operators shall be made available to the Police Chief and the Fire Chief in the event an emergency occurs at the well site. Answering services are not acceptable. Any cost incurred due to the unavailability of a well operator in the case of an emergency condition where professional outside assistance is required shall be the responsibility of the well operator.
   (M)   After the issuance of a permit to drill, and again after completion of the project, the Director of Public Service, a Council representative of the Street Committee, the City Engineer and the driller shall inspect the public roads that may service the heavy equipment. The driller shall be held responsible for any road damage, and a cash bond determined by the City Engineer shall be posted in advance of equipment being placed on the premises.
(Ord. 18-98, passed 2-2-1998)