(A)   The drilling and production of an oil or gas well by right or the drilling and production of an oil or gas well by a conditional use permit required by this chapter shall include the following standards:
      (1)   Compliance with the development plat. No drilling or production of an oil or gas well shall begin until an oil or gas well development plat that has been approved by the City Council is on file with the city that conforms to the requirements of the city.
         (a)   The oil or gas well development plat shall provide for adequate public facilities, including water supply, access roads, drainage, erosion control and other necessary supporting facilities identified on the oil or gas well development plat.
         (b)   The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.
         (c)   A road repair agreement shall be entered into with the City Council.
      (2)   On-site requirements.
         (a)   No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than 1 well.
         (b)   A chain link fence at least feet but not to exceed 10 feet in height shall enclose all completed wells and tanks located within an oil or gas well permit area. Fences shall not be required on drill sites during initial drilling, completion or re-working operations as long as 24-hour on-site supervision is provided. A secured entrance gate shall be required. All gates are to be kept locked when the operator or his or her employees are not within the enclosure.
         (c)   Landscaping and irrigation shall be required along all street frontages of the well site with suitable screening shrubs that complement the architectural character of the surrounding neighborhood or opaque vinyl slats in the chain link fencing. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted to the city.
         (d)   Vehicles associated with drilling and/or production in excess of 3 tons shall be restricted to streets as designated on the vehicle route map.
         (e)   Site development, other than drilling or working over a well shall be conducted only between the hours of 7:00 a.m. to 7:00 p.m. on Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Truck deliveries of equipment and materials, including the delivery of water for all fracture stimulation operations performed on a well, associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. except in cases of fires, blowouts, explosions and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. "Flowback" operations to recover fluids used during fracture stimulation shall be performed between the hours of 7:00 a.m. to 7:00 p.m.
         (f)   Noise restrictions.
            1.   No drilling, producing or other operations shall produce a sound level greater than 85 dB(a) when measured at a distance of 300 feet from the production equipment in question. A maximum sound level of 90 dB(a) shall apply to formation fracturing when measured at a distance of 300 feet from the production equipment in question.
            2.   No person shall operate or permit to be operated in connection with the operation of a producing well any engine, compressor or motor-driven machinery of any type which creates a sound level greater than 65 dB(a) when measured at a distance of 300 feet from the well site.
            3.   If sound levels exceed the dB(a) levels cited in subdivisions 1. and 2. above, the city may require sound reducing mufflers.
            4.   No air, gas or pneumatic drilling shall be allowed due to the noise and safety factors involved.
         (g)   All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the Fire Chief. The top of the tanks shall be no higher than 15 feet above the terrain surrounding the tanks. 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 25 feet from any public right-of-way.
         (h)   Main transmission pipeline cooling or compression facilities are not allowed in any zoning district in the city.
         (i)   Air or pneumatic drilling is not allowed in the city.
         (j)   Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of 4 inch lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (911), the number for the operator, and the well designation required by the Railroad Commission in 2 inch lettering.
         (k)   Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the operation site itself shall be at least 10 feet wide, have an overhead clearance of 14 feet and shall be surfaced with crushed rock, gravel or ore and maintained to prevent dust and mud. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the City Engineer and/or Fire Chief after consideration of all circumstances including, but not limited to, the following: distances from public streets and highways; distances from adjoining and nearby property owners whose surface rights are not leased by the operation; the purpose for which the property of such owners is or may be used; topographical features; nature of the soil; and exposure to wind.
         (l)   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, or any refuse, including wastewater or brine, from any gas operation or the contents of any container used in connection with any oil or gas 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 within the corporate limits of the city.
         (m)   All electric lines to production facilities shall be located underground.
         (n)   All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator.
         (o)   No operator shall excavate or construct any lines for the conveyance of fuel, water, or minerals on, under, or through the streets or other land of the city without an easement or right-of-way permit approved by the City Council and then only in strict compliance with this chapter, with other ordinances of the city, and/or with the specifications established by the City Engineer.
         (p)   The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the City Engineer, and then only in compliance with specifications established by city ordinances.
         (q)   No oil or gas well permit shall be issued for any well to be drilled within any of the streets of the city and/or streets shown by the city thoroughfare plan and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained by the City Council, and then only temporarily.
         (r)   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. No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway or upon any operation site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site. The City Engineer or the Fire Chief shall determine whether equipment on the site shall constitute a fire hazard. No refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises. This shall not be deemed to exclude a conventional gas separator or dehydrator.
      (3)   Flow lines and gathering lines.
         (a)   Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road.
         (b)   Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as required by the Railroad Commission.
         (c)   All flow lines and gathering lines within the corporate limits of the city (excluding utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. All such lines shall be buried to a minimum of 36 inches below the ground surface and shall be shown on the as-built plans.
         (d)   Structures shall not be built over flow lines or gathering lines.
      (4)   Additional safety and environmental requirements.
         (a)   The drilling and production of oil or gas and accessing the oil or gas well site shall be in compliance with all state and federal environmental regulations.
         (b)   Oil or gas wells may have a target location or bottom-hole location that is under an environmentally sensitive area when the oil or gas well is drilled directionally from a location outside the environmentally sensitive area.
         (c)   Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut-off valve to the well distribution line.
         (d)   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.
         (e)   All storage tanks shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain 1-1/2 times the contents of the largest tank in accordance with the Fire Code, and buried at least 1 foot below the surface. Drip pots shall be provided at pump out connection to contain the liquids from the storage tank.
         (f)   Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system.
         (g)   A hazardous materials management plan shall be on file with the City Secretary.
         (h)   An evacuation program shall be filed with the city prior to starting any drilling operation.
         (i)   All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be cut and removed to a depth of at least 10 feet below the surface unless the surface owner submits a written agreement otherwise. Three feet shall be the minimum depth. A copy of the mandatory well casing report required for abandoned wells by the Railroad Commission shall be submitted to the water service provider that provides services to the area in which a well is located.
         (j)   No structures shall be built over an abandoned well.
         (k)   No salt-water disposal wells shall be located within the city.
         (l)   Lining and fencing the reserve pit shall be required for any and all drilling operations.
         (m)   Audible alarms required. An automated audible alarm system shall be installed at each well site to provide warnings for a substantial drop in pressure, the release of any gas or oil, or fire. Said audible alarm system shall be approved by the city.
         (n)   Site cleanup required.
            1.   Cleanup after well servicing.  After the well has been completed or plugged and abandoned, the operator shall clean and restore the drill site or operation site as close as practicable to the site's pre-drilling condition and repair all damage to public property caused by such operations within 30 calendar days of the completion of well drilling activities or plugging and abandonment of a well.
            2.   Cleanup 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 city all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately. If the owner fails to begin site cleanup within 24 hours, the city shall have the right to contact the Railroad Commission in order to facilitate the removal of all waste materials from any property affected by such spill, leak or malfunction.
            3.   Free from debris.  The property on which a well site is located shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material within a radius of 100 feet around any tanks, separators, and producing wells.
            4.   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 chapter and shall notify the city as soon as practicable. If the city believes that danger to persons and property exists because of 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 city 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 that the city deems necessary to regain control of such well. The city shall then have a valid lien against the interest of the well of all working interest owners to secure payment of any expenditure made by the city pursuant to such action of the city in gaining control of said well.
         (o)   Emergency response plans and emergency incident reporting.  The reporting requirements specified herein are in addition to those required by this chapter.
            1.   Each gas or oil well owner or operator shall maintain written procedures to minimize the hazards resulting from an emergency and shall provide a copy of these procedures to the City Secretary. These procedures shall at a minimum provide for:
               A.   Prompt and effective response to emergencies regarding: leaks or releases that can impact public health, safety, welfare; fire or explosions at or in the vicinity of an oil or gas well; or 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 probability of accidental death or dismemberment;
               E.   Emergency shut down of an oil or gas well and related site;
               F.   The safe restoration of service and operations following an emergency or incident; and
               G.   A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures.
            2.   Each oil or gas well owner or operator shall meet annually with representatives of the city to review emergency response plans. These reviews shall be in accord with U.S. Department of Transportation and Texas Railroad Commission requirements and the owner or operator will:
               A.   Furnish or update a copy of the emergency response plan described in division (A)(4)(o)1. of this section;
               B.   Review the responsibilities of each governmental organization in response to an emergency or incident;
               C.   Review the capabilities of the pipeline owner or operator to respond to an emergency or incident;
               D.   Identify the types of emergencies or incidents that will result in or require contacting the city; and
               E.   Plan mutual activities that the city and the oil or gas well owner or operator can engage in to minimize risks associated with oil or gas well operation.
   At this meeting, the city shall provide the oil or gas well owner or operator with a list of additional contacts that should be made in the event of an oil or gas well emergency or incident. The city will inform the oil or gas well owner or operator of the emergency response groups that will be contacted through 911.
            3.   Upon discovery of an oil or gas well emergency or incident, the following communications are to be initiated by the affected pipeline owners or operators:
               A.   A general description of the emergency or incident;
               B.   The location of the emergency or incident;
               C.   The name and telephone number of the person reporting the emergency or incident;
               D.   The name of the oil or gas well owner or operator;
               E.   Whether or not any hazardous material is involved and identification of the hazardous material so involved; and
               F.   Any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident.
            4.   The oil or gas well owner or operator shall contact any other emergency response groups that are necessary that may not be activated through the Ellis County 911 system.
            5.   The oil or gas well owner or operator shall contact the Ellis County Emergency Planning Committee (ECEPC) no later than 1 hour after the discovery of any incident.
            6.   Within 2 years of the effective date of the oil or gas well permit and every 2 years thereafter, the oil or gas well owner or operator shall conduct an on-site, emergency drill that includes, but shall not be limited to, the personnel operating the oil or gas well, local law enforcement personnel, and officials of the city.
      (5)   Reworking of a well.
         (a)   Reworking of a well to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable conditional use permit or underlying zoning classification that permits oil or gas development by right. The operator shall provide the city a copy of additional Railroad Commission permits that allow drilling to a deeper depth.
         (b)   Reworking of a well to deepen or directional drill an existing well shall be conducted in accordance with the approved oil or gas well permit for the well on file with the City Secretary.
      (6)   Drilling and production of oil or gas wells shall comply with all federal, state, and local laws applicable to oil or gas well drilling, production and operations.
      (7)   It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located within 200 feet to any fresh water well. The measurement shall be in a direct line from the closest well bore to the fresh water well bore. The operator of a gas well shall provide the city with a "pre-drilling" and "post-drilling" water analysis from any fresh water well within 500 feet of the gas well. The operator shall install a fresh water well within 200 feet for testing purposes and shall be tested on a semi-annual basis. Within 180 days of its completion date, each gas well shall be equipped with a cathodic protection system to protect the production casing from external corrosion. The city may approve an alternative method of protecting the production casing from external corrosion.
(Ord. 618, passed 3-20-2006)  Penalty, see § 155.99