These regulations are intended to protect the public health, safety, and welfare; minimize the impact of gas drilling and production on surrounding property owners and mineral-rights owners; protect the environment; and encourage the safe and orderly production of mineral resources. (Ord. Nos. 26920; 29228)
(a) In this article, technical terms that are not defined have the meaning customarily attributed to them in the gas drilling and production industry by prudent and reasonable operators.
(b) In this article:
(1) ABANDONMENT means the discontinuation of a well or an operation site as approved by the Texas Railroad Commission and in compliance with this article.
(2) AMBIENT NOISE LEVEL means 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 noise at a given location.
(3) BASE FLOOD means the flood having a one percent chance of being equalled or exceeded in any given year. See Article V.
(4) BLOWOUT PREVENTER means a mechanical, hydraulic, pneumatic, or other device or combination of devices secured to the top of a well casing, including valves, fittings, and control mechanisms, that can be used to completely close the top of the casing and prevent the uncontrolled flow of gas or other fluids from the well.
(5) COMPLETION means the date that drilling or reworking of the well has ended and gas is flowing to a sales or distribution point.
(6) CLOSED-LOOP SYSTEM means a system that uses sealed tanks, instead of reserve pits, to collect the drilling waste.
(7) DAYTIME HOURS means 7:00 am to 7:00 pm, Monday through Friday, and 8:00 am to 6:00 pm, Saturdays. Sundays and city holidays are not considered daytime hours.
(8) DRILLING means digging or boring a new well to explore for or produce gas.
(9) EQUIPMENT means any apparatus, machinery, or parts thereof used, erected, or maintained in connection with gas drilling or production.
(10) FRACTURING means the injecting of water into a well to cause pressure that will open up fractures already present in the formation.
(11) FLOWBACK means the process of flowing a fractured or completed well to recover water and residual sand from the gas stream before sending gas down a sales line.
(12) GAS means (1) any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions or (2) any gaseous vapors derived from petroleum or natural gas.
(13) GAS INSPECTOR means the person designated by the city to enforce the provisions of this article, or the gas inspector’s representative.
(14) LANDFARMING means the depositing, spreading, or mixing of drill cuttings, drilling fluids, drilling mud, salt water, produced water, or other waste generated by the gas drilling and production process onto the ground.
(15) OPERATION SITE means the area identified in the SUP to be used for drilling, production, and all associated operational activities after gas drilling is complete.
(16) OPERATOR means the person listed on the Texas Railroad Commission drilling permit application (currently called Form W-1 or Form P-4).
(17) PIPELINE CONSTRUCTION means the initiation of any excavation or other disturbance of property to install, construct, maintain, repair, replace, modify, or remove a pipeline.
(18) PIPELINE EMERGENCY means an incident relating to or directly attributable to the operation of a regulated pipeline in which any of the following has or is occurring:
(A) Fire or explosion not intentionally initiated by the pipeline operator as part of its normal and customary operations and in accordance with accepted safety practices.
(B) Release of a gas, hazardous liquid, or chemical that could adversely impact the environment or health of individuals, livestock, domestic animals, or wildlife in the city.
(C) Death of any person or individual.
(D) Bodily harm to any person that results in 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.
(E) Damage to private or public property not owned by the pipeline operator in excess of $5,000 in combined values, as determined by the gas inspector.
(F) The rerouting of traffic or the evacuation of buildings.
(19) PIPELINE OPERATOR means any person owning, operating, or responsible for operating a pipeline.
(20) PRODUCTION means the period between completion and abandonment of a well.
(21) REGULATED PIPELINE means all parts of those physical facilities for the transportation of gas, oil, or hydrocarbons, including pipes, valves, and other appurtenances attached to pipe, whether laid in public or private easements, public rights-of-way, or private streets within the city, including gathering lines, production lines, and transmission lines. Pipelines associated with franchised utilities are not regulated pipelines.
(22) REWORKING means the re-entry of an existing well after completion to access the existing bore hold, conduct deepening or sidetrack operations, or replace well liners or casings. Reworking is also known in the gas drilling and production industry as a work-over.
(23) TANK means a container used for holding or storing fluids from gas drilling and production.
(24) WELL means a hole or bore to any horizon, formation, or strata for the intended or actual production of gas. (Ord. Nos. 26920; 29228)
(a) Gas inspector.
(1) The gas inspector is responsible for enforcing this article, other city codes applicable to gas drilling and production, and any SUP for gas drilling and production.
(2) The gas inspector shall:
(A) review and approve or deny all seismic survey, gas well, and regulated pipeline permit applications;
(B) conduct inspections of all wells and operation sites at least yearly for compliance with this article, the gas well permit, and the SUP for gas drilling and production;
(C) request, receive, review, and inspect any records, including records the operator sends to the Texas Railroad Commission, logs, and reports relating to the status or condition of any permitted well;
(D) issue orders or citations to obtain compliance with this article, a seismic survey, gas well, or regulated pipeline permit, and the SUP for gas drilling and production; and
(E) revoke or suspend seismic survey, gas well, or regulated pipeline permits for violations of this article, the seismic survey, gas well, or regulated pipeline permit, or SUP for gas drilling and production.
(3) The gas inspector, at each inspection, shall call the emergency contact numbers listed on the operator’s informational signs to verify that the phone numbers are current and the emergency contact persons can be reached.
(4) The gas inspector shall contact the appropriate city department to inspect the operation site if the gas inspector believes the operator is violating a city code provision not addressed in this article. The gas inspector shall determine whether the other city department completed the inspection and shall document what actions, if any, were taken against the operator.
(5) The gas inspector shall contact the appropriate state agency to inspect the operation site if the gas inspector believes the operator is violating state law. The gas inspector shall determine whether the state agency completed the inspection and shall document what actions, if any, were taken against the operator.
(b) Technical or legal advisors. The city may hire technical or legal advisors to advise the city on gas drilling and production matters. If the city hires advisors to address an operator’s unique circumstances, the city shall notify the operator of the estimated cost of services. The city shall invoice the operator, who shall pay the city within 30 days of receipt of an invoice from the city. (Ord. Nos. 26920; 29228)
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