(a) In general.
(1) No person shall participate in site preparation, drilling, reworking, fracturing, operation, production, or any other related activity without first obtaining a gas well permit issued by the city in accordance with this article. Each well on an operation site must obtain a separate gas well permit.
(2) A gas well permit is required, in addition to any permit, license, or agreement required under this article, other city ordinances, or state or federal law.
(3) A gas well permit application may not be approved until an SUP is approved. Denial of an SUP is grounds for automatic denial of all related gas well permit applications.
(4) A gas well permit automatically terminates if the operator does not begin drilling within 180 days after the gas inspector issues the gas well permit. The gas inspector may extend the time for an additional 180 day period upon request by the operator and proof that the conditions on the operation site have not substantially changed. Only one extension is permitted.
(5) An existing gas well permit does not authorize reworking of an abandoned well. A new gas well permit is required to rework an abandoned well.
(6) A gas well permit automatically terminates after the well authorized by the gas well permit is abandoned pursuant to this article.
(7) The operator shall complete all drilling activities on the operation site within five years from the date the first gas well permit was issued.
(A) The operator may apply for a one-time, two-year extension from the gas inspector. The request for an extension must be made to the gas inspector in writing at least six months before the fifth year from the date the first gas well permit was issued.
(B) The gas inspector must approve or deny the extension within 45 days after receiving the extension request. The gas inspector must approve the extension if the drilling activities will not adversely impact the neighboring properties or if additional measures required eliminate the reasons for denial.
(C) If the gas inspector denies the request for a one-time, two-year extension, he must provide the operator with a written explanation of the reasons for denial within 30 days.
(D) As a condition of approval of the extension, the gas inspector may require additional measures, as necessary, to minimize the impact of the additional drilling activities upon neighboring properties.
(E) The operator has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code.
(b) Permit applications. A gas well permit application must be in writing, signed by the operator and filed with the gas inspector. The operator shall provide the following information on a form furnished by the city:
(1) the date the operator submitted the application;
(2) the proposed number of wells on the operation site;
(3) the field name as used by the Texas Railroad Commission;
(4) the proposed well name;
(5) the operator’s name and address;
(6) all surface owners’ names and addresses;
(7) all mineral rights owners’ names and addresses;
(8) the name of a representative with supervisory authority over all gas drilling and production operations and a phone number where they can be reached 24 hours a day;
(9) the name, address, and phone number of a person who is a resident of the State of Texas and is designated to receive notices from the city;
(10) the names of two designated emergency contact persons, their addresses, and phone numbers where they may be reached 24 hours a day;
(11) the names and addresses of tenants, property owners, and residents within 1,500 feet of the boundary of the operation site in accordance with the plans required as part of the gas well permit application;
(12) the address and legal description of the operation site;
(13) the location and a description of all structures and improvements within 1,500 feet of the boundary of operation site;
(14) a description of all fuel sources and public utilities required during drilling and production operations;
(15) a site plan of the operation site that matches the site plan attached to the SUP, was prepared by a licensed surveyor or registered engineer, is drawn to scale, complies with the site requirements in this article, and provides the following information:
(A) the date, scale, north point, name of owner, and name of person preparing the site plan;
(B) the location of existing boundary lines and dimensions of the operation site;
(C) the location of all improvements and equipment, including proposed wells, tanks, pipelines, compressors, separators, and storage sheds;
(D) the zoning of the operation site;
(E) the location of flood plains, and the existing and base flood elevations at the location of any proposed improvement including the well head;
(F) the existing watercourses and drainage features;
(G) off-street parking and loading areas and the surface material used;
(H) ingress and egress points;
(I) existing and proposed streets and alleys;
(J) location, height, and materials of existing and proposed fences;
(K) existing and proposed landscaping;
(L) location and description of signs, lighting, and outdoor speakers;
(M) location and description of all easements, along with the volume and page number where the easement is recorded;
(N) a map of the surrounding area, showing the zoning on all property within 1,500 feet of the boundary of the operation site, and the distance from wells, structures, or equipment to any use, structures, or features that have spacing requirements under Sections 51-4.213(19) or 51A-4.203(b)(3.2);
(O) a tree survey that complies with Article X;
(P) a copy of the SUP ordinance;
(Q) a copy of the Texas Railroad Commission drilling permit and its attached documents, as well as any other permits, disclosures, or reports required by the Texas Railroad Commission;
(R) a copy of the storm water pollution prevention plan and the notice of intent required by the Environmental Protection Agency;
(S) a copy the Texas Commission on Environmental Quality’s determination of the depth of useable-quality ground water;
(16) documentation of the insurance and security instruments required by this article;
(17) an indemnification agreement, approved as to form by the city attorney, stating that the operator agrees to defend the city and its officers and employees against all claims of injury or damage to persons or property arising out of the drilling and production operation;
(18) a notarized statement signed by the operator that the information submitted with the application is true and correct, to the best of the operator’s knowledge and belief;
(19) an air quality management and monitoring plan that includes:
(A) measures and equipment the operator will use to ensure that all site activities and equipment on the operation site comply with applicable emissions limits, applicable laws relating to emissions, and best management practices of the Environmental Protection Agency and the Texas Commission on Environmental Quality regarding air quality;
(B) monitoring techniques the operator will use to measure for and ensure compliance with applicable emissions limits and all applicable laws relating to emissions; and
(C) a categorization of Environmental Protection Agency Tier (Tier 0 to 4) of all diesel equipment that will be used on the operation site during each phase of the drilling and production use;
(20) a communications plan developed to keep tenants, property owners, and residents of protected uses within 2,000 feet of the boundary of the operation site informed that:
(A) documents how the operator will notify, solicit feedback, and respond to concerns about the gas drilling and production use;
(B) identifies how the operator will employ early and continuous engagement, including posted notice in public locations;
(C) establishes how the operator will develop and use advance or near-real-time notice of all significant activities occurring during the well’s life, including drilling, fracturing, flowback, redrilling and refracturing, completion, abandonment, as well as non-routine occurrences including flaring, spills, or emissions events;
(21) a dust mitigation plan detailing measures the operator will implement to mitigate and suppress dust generated at the operation site, including a mud shaker for vehicles exiting the site;
(22) an electricity usage plan showing:
(A) the equipment powered by electricity;
(B) the amount of electricity needed;
(C) the sources of the electric power;
(D) whether electricity is generated on site or purchased from a retail electric provider; and
(E) the approximate location of lines, poles, generators, generator fuel tanks, transformers, fuse boxes, and other apparatus necessary to use electric power;
(23) an emergency action response plan approved by the fire marshal that:
(A) establishes written procedures to minimize any hazard resulting from drilling, completion, production, or abandonment of wells, including prompt and effective response to emergencies from:
(i) leaks or releases that may impact public health, safety, or welfare;
(ii) fire, explosions, loss of well control, or blowout at or near the well; and
(iii) natural disasters;
(B) complies with the existing guidelines established by the Texas Railroad Commission, the Texas Commission on Environmental Quality, the Department of Transportation, and the Environmental Protection Agency;
(C) includes maps showing the public rights-of-way to the operation site, and turn-arounds and staging areas for emergency equipment;
(D) includes an effective means of notifying and communicating with local fire, police, and public officials during an emergency, including a detailed plan of how the operator will notify and communicate with city officials responsible for notification and evacuation of residents within one-half mile of the operation site, measured from the boundary of the operation site;
(E) includes the availability of personnel, equipment, tools, and materials at the operation site as necessary in case of an emergency;
(F) outlines measures to be taken to reduce public exposure to injury and the probability of accidental death or dismemberment;
(G) documents emergency shut-down procedures for a gas well and the operation site, if necessary;
(H) establishes a plan for the safe restoration of service and operations following an emergency or incident; and
(I) establishes a follow-up procedure for incident investigation to determine the cause of the incident and the implementation of corrective measures;
(24) an erosion control plan that complies with all city regulations;
(25) a fresh-water fracture pond design plan that includes an engineering design and a landscape and fencing design that includes:
(A) a detailed grading plan prepared by a civil engineer licensed by the state of Texas;
(B) measures that will be taken, such as shallow safety ledges, to prevent drowning;
(C) the fresh-water fracture pond size and how it is designed to minimize its footprint based on water supply;
(D) an open-design black or dark green chain link fence, a minimum of six feet in height, that encloses the fresh-water fracture pond; and
(E) restorative vegetation that complies with Article X;
(26) a hazardous materials management plan that:
(A) complies with the Dallas Fire Code;
(B) includes the formula identifying the non-radioactive tracing or tagging additives that the operator will use in all fracturing fluids on the operation site; and
(C) has been filed with the fire department;
(27) a hazardous materials inventory statement that:
(A) complies with the Dallas Fire Code;
(B) includes material safety data sheets or an equivalent detailing all hazardous materials that are or will be located, stored, transported, or temporarily used on the operation site, including site preparation, boring, fracturing, completing, reworking, redrilling, refracturing, and production. The material safety data sheets must indicate all types, quantities, volumes, and concentrations of all hazardous chemicals and additives used in these processes; and
(C) has been filed with the fire department;
(28) a landscape irrigation plan designed by a State of Texas licensed irrigator that includes:
(A) the appropriate type of irrigation for the operation site; and
(B) measures to be taken to adequately irrigate all landscaping, indicating the water source for irrigation;
(29) a noise management plan detailing how the equipment used in the drilling, completion, transportation, or production of a well complies with the maximum permissible noise levels in Section 51A-6.102 and this article, and that:
(A) identifies the noise impacts of gas drilling and production;
(B) provides documentation establishing the ambient noise level in accordance with this article; and
(C) details how the gas drilling and production noise impacts will be mitigated, considering the operation site characteristics, including:
(i) nature and proximity of adjacent development, location, and type;
(ii) seasonal and prevailing weather patterns, including wind directions;
(iii) vegetative cover on and adjacent to the operation site; and
(iv) topography on and adjacent to the operation site;
(30) a pipeline map indicating the location of the nearest gathering station, the alignment of the pipelines connecting the operation site to the gathering station, and a description of how the operator intends to get the gas to market;
(31) a screening and landscape plan that complies with all city screening and landscape requirements and includes:
(A) a schedule detailing the timing of all landscaping and screening installation or, if a SUP has already been approved with a screening and landscape plan, a copy of the approved screening and landscape plan;
(B) the proposed efforts to replace dead or dying screening vegetation; and
(C) a fully-executed third-party landscape maintenance agreement detailing the frequency and scope of the services to be provided;
(32) a security plan that includes details about how the security alarm system requirements in this article will be complied with and provides the location of all security cameras provided on the operation site;
(33) a signage plan that complies with the Texas Railroad Commission regulations, this article, and all other city ordinances, rules, and regulations for the operation site and pipelines;
(34) a spill prevention plan that complies with state and federal regulations, this article, and all other city ordinances, rules, and regulations and includes a plan for effective containment of all materials on site, including containment and mitigation strategies for any failures of temporary or permanent pipes, tanks, secondary containment systems, and water recycling systems;
(35) a surface reclamation plan that includes how the operator, using industry best practices, will:
(A) restore the operation site to allow its use under the city’s comprehensive plan;
(B) control surface water drainage, water accumulation, and measures that will be taken during the reclamation process to protect the quantity and quality of surface and groundwater systems;
(C) clean up any polluted surface or ground water;
(D) backfill, grade, and re-vegetate the operation site;
(E) reconstruct, replace, and stabilize the soil;
(F) reshape the topography; and
(G) employ other methods or practices necessary to ensure that all disturbed areas will be reclaimed;
(36) a site lighting plan that complies with city code, is designed to promote the safety of all gas drilling and production operations, and includes a photometric plan, indicating the type and color of lights to be used and demonstrates how it complies with all Federal Aviation Administration requirements;
(37) a transportation plan that includes a:
(A) traffic impact analysis, including the proposed truck routes, types and weights of trucks and vehicles accessing the operation site; hours of the day that truck and vehicle traffic will be entering and leaving the operation site; days of the week that truck and vehicle traffic will be entering and leaving the operation site; turning movements associated with truck and vehicle traffic; proposed access points; and proposed traffic control devices;
(B) map consistent with any SUP requirements showing the truck routes approved by the gas inspector and identifying all public rights-of-way, private streets, and routes intended for use within the city;
(C) videotape of the approved truck routes, showing in adequate detail the physical conditions of the rights-of-way; and
(D) road repair agreement approved as to form by the city attorney and signed by the operator;
(38) a vector control plan detailing all measures:
(A) that will be taken to ensure that a fresh-water fracture pond will not become a site for mosquito harbourage; and
(B) for mosquito abatement activities, including any biological or chemical control applications or water level control measures;
(39) a waste management plan that includes:
(A) recycling, treatment, and disposal methods for all drilling muds and cuttings, flowback water, fracturing fluids, salt water, produced water, solid waste, and any other materials generated from pad site operations;
(B) a copy of the Texas Railroad Commission underground injection control permit if the waste management plan includes an injection method; and
(C) the location of the landfill and a copy of the permit if the waste management plan includes disposal at a landfill;
(40) a water management plan that includes a description of the water source to be used, the volumes, and the recycling, reuse, or disposal methods that will be used during drilling and production operations; and
(41) any other information the gas inspector deems necessary.
(c) Review of permit applications.
(1) The gas inspector shall return incomplete applications to the operator with a written explanation of the deficiencies.
(2) The gas inspector shall determine whether the gas well permit should be issued, issued with conditions, or denied within 45 days after receiving a complete gas well permit application. If the gas inspector fails to make this determination within this specified time, the gas well permit is deemed denied.
(3) The gas inspector shall issue a gas well permit if the application meets the requirements of this article and the conditions of the SUP. If the application does not meet the requirements of this article or the conditions of the SUP, the gas inspector shall either deny the application or issue the gas well permit subject to written conditions if compliance with the conditions eliminates the reasons for denial. If the gas inspector denies a gas well permit, the gas inspector shall provide the operator with a written explanation of the reasons for denial within 30 days.
(d) Content of gas well permit. A gas well permit must:
(1) identify the name of the well and its operator;
(2) identify the name, address, and telephone number of the person designated to receive notices from the city;
(3) identify the names, addresses, and phone numbers of the two emergency contact persons;
(4) state the date the permit is issued;
(5) state that the gas well permit will automatically terminate if the operator does not begin drilling within 180 days after the date of issuance unless the gas inspector grants an extension;
(6) state that all drilling activities must cease within five years from the issuance of the first gas well permit issued on the operation site unless a one-time two-year extension is approved;
(7) state that the gas well permit shall automatically terminate after the well is abandoned;
(8) state that the operator shall apply for a new gas well permit before reworking an abandoned well;
(9) incorporate the full text of the indemnity provision from the operator’s submitted indemnity agreement;
(10) incorporate, by reference:
(A) the insurance and security requirements of this article;
(B) the conditions of the applicable SUP;
(C) the information contained in the permit application;
(D) the rules and regulations of the Texas Railroad Commission, including the field rules;
(E) all other required permits and fees; and
(F) the requirement for annual inspections, periodic reports, emergency reporting, and notice before reworking a well; and
(11) state that the operator shall comply with the most recently submitted and approved site plan, tree survey, hazardous materials management plan, and emergency action response plan. The SUP and the full-sized site plan must be attached to the gas well permit.
(e) Acceptance of permit. By accepting a gas well permit, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this article. The terms of this article shall be deemed to be incorporated in any gas well permit as if they were set forth verbatim in the gas well permit.
(f) Amendment of permit. If the operator wants to change the original site plan attached to the gas well permit and the SUP, the operator shall first seek a zoning amendment or minor amendment and then apply in writing for a gas well permit amendment. If the operator pays the fee to amend their gas well permit, and the new site plan complies with the requirements of the SUP and this article, the gas inspector shall issue an amended gas well permit.
(g) Transfer of permit.
(1) The gas inspector shall transfer a gas well permit to a new operator if:
(A) the transfer is in writing, approved as to form by the city attorney, signed by both operators, and the new operator agrees to be bound by the terms and conditions of the transferred gas well permit, the SUP, and this article;
(B) all information previously provided to the city as part of the application for the original gas well permit is updated to reflect the new operator;
(C) the new operator provides proof of the insurance and security required by this article; and
(D) the operator-transfer fee is paid in full.
(2) The gas inspector shall release the insurance and security provided by the old operator if the requirements of this subsection are met. The transfer does not relieve the old operator from any liability arising out of events occurring before the transfer.
(h) Revocation or suspension of permit.
(1) If the operator violates this article, the gas well permit, or the SUP, the gas inspector shall give written notice to the operator describing the violation and giving the operator a reasonable time to cure. The time to cure must take into account the nature and extent of the violation, the efforts required to cure, and the potential impact on public health, safety, and welfare. The time to cure must not be less than 30 days unless the violation:
(A) could cause imminent destruction of property or injury to persons; or
(B) involves the operator’s failure to take a required immediate action as required by this article.
(2) If the operator fails to correct the violation within the specified time, the gas inspector shall suspend or revoke the gas well permit. The gas inspector shall also report any violations to the Texas Railroad Commission and request that the Texas Railroad Commission take appropriate action.
(3) If a gas well permit is suspended, no person may engage in any activities that were permitted under that gas well permit except for those activities necessary to remedy the violation. If the violation is remedied, the gas inspector shall reinstate the gas well permit, and the operator may resume gas drilling and production.
(4) If a gas well permit is revoked, the operator shall obtain a new gas well permit before resuming gas drilling or production.
(i) Appeal.
(1) If the gas inspector denies, suspends, or revokes a gas well permit, the gas inspector shall send the operator, by certified mail, return receipt requested, written notice of the decision and the right to appeal.
(2) The operator has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code. (Ord. Nos. 26920; 29228)