(a) The Permit Holder shall provide the following information to the Fire Chief and Chief Building Official no less than fourteen (14) business days before the commencement of any operations preparatory to drilling for oil and gas in the City of Eastlake:
(1) Site plans for all wells; tank batteries including tank dimensions and gas meter types; all excavation work including but not limited to boring pits, fencing (type, location height) and site landscaping plans (including plant type, size and installed height). The site plans shall show:
A. The topography of the site.
B. All vehicular access roads, gates and traffic controls from the site to any public right-of-way.
C. Proof of compliance with the conditions set forth in the State issued permit for the location of the wells and tank batteries.
D. Location of all buildings on the property where the well is to be drilled which are within five hundred (500) feet of the well and tank battery sites.
E. All buildings on adjacent properties which are within five hundred (500) feet of the well and tank battery sites.
(2) Proof of insurance. The proof of insurance must establish that the Permit Holder is insured by a solvent insurer, is licensed to do business in the State of Ohio, and that the insurance provides limits as provided and required by the Ohio Revised Code and the Ohio Administrative Code per occurrence for personal injury and property damage. The amount of such insurance shall be reviewed by the Chief Building Official every five (5) years and may be adjusted based on inflationary increases. The City shall be an additional named insured on the insurance policy.
(3) A cash bond, performance bond, or escrow account, with interest accruing shall be provided the Permit holder, their heirs or assigns in the amount of limits as provided and required by the Ohio Revised Code and the Ohio Administrative Code per well which shall be filed with the Chief Building Official to ensure sufficient securing and screening of facilities, as provided herein, and to ensure the proper capping of the well, the removal of all equipment and the restoration of the site after the well is abandoned. The City of Eastlake shall return the bond or escrow account with the accrued interest upon the restoration of the site after the well has been capped and abandoned and all equipment has been removed and all the terms of this Section 1521.05 have been complied with as determined by the Fire Chief and the Chief Building Official. The amount of the bond shall be reviewed every five (5) years by the Fire Chief and the Chief Building Official and may be increased based on inflationary increases.
(b) The Permit Holder must show compliance with the following to the satisfaction of the Fire Chief and Chief Building Official no less than fourteen (14) business days before the commencement of any operations preparatory to drilling for oil and gas in the City of Eastlake:
(1) No well may be drilled, or tank batteries located, in any location where emergency vehicles, such as fire trucks and ambulances, cannot obtain reasonable access to the site.
(2) No well shall be allowed within any distance of any structure or facility (e.g., playground) that, based on the specific facts and circumstances surrounding such structure or facility, creates a threat to the health, safety and welfare of said structure or facilities or occupants or users thereof.
(3) Drilling operations and site preparation and restoration work shall comply with Chapter 906 “Erosion and Sediment Control” of the Codified Ordinances of the City of Eastlake.
(4) At all times relative to the drilling, operation, and capping of the well, the well and all tank facilities shall be secured from public access by sufficient fencing.
(5) The long term operation of the well shall be served by electric pumps. Gas (or other fossil fuel) operated pumps or generators shall not be permitted unless specifically approved by the Chief Building Official.
(6) Notwithstanding Chapter 509 “Noise Disturbance Prohibited” of these Codified Ordinances, drilling operations may occur twenty-four (24) hours per day until the permitted depth is reached. This applies only to the drilling operations and does not apply to any site preparation, restoration, or other associated work.
(c) The Fire Chief and Chief Building Official shall, in two (2) business days of receipt of the information in subsection (a) and (b) above, review said plans and advise the Permit Holder if anything shown on the plans does not comply with the regulations set forth herein. In the event that any Permit Holder fails to comply with the regulations herein promulgated, the Chief Building Official shall provide written notice to the owner of the property and the Permit Holder in forty- eight (48) hours of the discovery of such failure to comply. Such service shall be made to the addresses identified in paragraph (b) hereof, and if no address has been provided, to any address identified on the State issued permit. The notice shall advise the owner and the Permit Holder that if they wish to appeal the decision of the administrative official, the time for appeal is five (5) business days after service of the notice.
(d) The Permit Holder shall reimburse the City for all reasonable, clerical, professional engineering, legal fees, and other costs incurred by the City in reviewing the Permit Holder plans and operations, as provided in Chapter 1301.
(e) Within thirty (30) days after drilling operations have been completed, the Permit Holder shall do all of the following:
(1) Fill all excavations with approved fill material, and restore the grade of the site to its previous elevation;
(2) Seed all disturbed sites with grass or other vegetative ground cover, and ensure such ground cover becomes established; and
(3) Notify the Fire Chief and Chief Building Official that the site has been restored pursuant to the terms of this paragraph. The Fire Chief and Chief Building Official shall inspect the site within five (5) business days of the notification to determine compliance with these requirements.
(4) Consistent with the approved site plan furnished under Section 1521.05 of this Ordinance plant sufficient vegetation that, in conjunction with any fencing and natural vegetation, shall effectively and permanently screen all above-ground facilities, including well head and tank locations, for both summer and winter conditions from all neighbors and from all public and private rights-of-way while such facilities are on the subject premises for the life of the well. The Fire Chief and Chief Building Official shall determine the sufficiency of the screening and may order the Permit Holder to plant more vegetation. The minimum acceptable screening shall be board on board fencing unless specifically allowed by the Chief Building Official.
(f) The Permit Holder shall give the Fire Chief and Chief Building Official at least forty-eight (48) hours notice before commencing to drill.
(g) It shall be a violation of this section for a Permit Holder to violate the terms and conditions of the State issued permit.
(Ord. 2008-100. Passed 11-11-08.)
(Ord. 2008-100. Passed 11-11-08.)