A. Oil And Gas Post-Extraction:
1. Zoning Classifications: Oil or gas post-extraction facilities shall only be allowed in the Heavy Industrial Zoning District, subject to the standards listed herein. Such facilities are prohibited in all other zoning districts.
2. Permit Requirement:
a. No oil or gas post-extraction facility shall be constructed or located within the City unless a conditional use permit has been issued to the applicant approving the construction or preparation of the site for oil or gas post-extraction activities.
b. Each application shall be submitted with the fee established pursuant to resolution of the City.
c. Any modification to an oil and gas post-extraction site that materially alters the size, location, number of accessory equipment or structures, shall require a modification of the permit under this ordinance. Like-kind replacements shall not require a permit modification.
3. Permit Application: The applicant shall provide to the City at the time of permit application:
a. A narrative describing an overview of the post-extraction project including the number of acres to be disturbed for development, the process proposed for post-extraction, including, compressor stations, dehydration facilities, tanks, pits or ponds, collection lines, equipment and structures number and description of equipment and structures to the extent known. In addition to the narrative statement, each application shall contain the following:
(1) The surface owner’s name, address, email address, and phone numbers.
(2) The mineral owner’s name, address, email address, and phone numbers (if different than the surface owner).
b. The address of the oil or gas post-extraction site and a legal description of the parcel as determined by the City and information needed to gain access to the site in the event of an emergency.
c. The contact information of the individual or individuals responsible for the operation and activities at the oil or gas post-extraction site shall be provided to the City and all applicable emergency responders as determined by the City. Such information shall include a phone number where such individual or individuals can be contacted twenty four (24) hours per day, three hundred sixty five (365) days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the City and all applicable emergency responders as determined by City.
d. A scaled site plan of the oil or gas post-extraction site showing the planned access roads, compressor stations, dehydration facilities, tanks, pits or ponds, collection lines, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas post-extraction site.
e. A narrative and map describing the planned access routes to the site on public roads including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the post-extraction operations.
f. A statement that the applicant will make the operation's preparedness, prevention and contingency plan available to the City and all emergency responders at least thirty (30) days prior to the commencement of operations and at least annually thereafter while drilling activities are taking place at the oil or gas well site. Operations shall not commence until the City has approved the plan. The plan must contain the MSDS or similar disclosure for all chemicals used on site. Such plan must also contain a provision that upon the discovery of any oil and/or gas leak, spill, and/or emission release, the City must be notified and all operations must immediately cease until such equipment has been repaired. After the equipment has been repaired and prior to operation, operator must submit certification from a licensed and qualified professional verifying that the equipment has been adequately repaired and the equipment is safe to return to service. Such certification will be reviewed by the City Engineer. The City must be notified regarding any modifications to operations or a change in the use of chemicals.
g. An appropriate site orientation and training of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the City will be conducted prior to the commencement of post-extraction activities. The cost and expense of the orientation shall be the sole responsibility of the applicant.
h. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the City. A copy of any remediation and/or mitigation plan filed with the State must be submitted to the City and approved prior to the commencement of operations.
i. The applicant shall provide, prior to post-extraction, current documentation of baseline water testing on a minimum of two (2) domestic wells, down gradient (1 may be up gradient if 2 down well gradient wells do not exist), which wells shall be located within one-fourth (1/4) of a mile of the well site. Such wells shall be retested at least annually and the results submitted to the City. If two (2) domestic wells are not found within one- fourth (1/4) mile, the applicant shall install a monitoring well at the well site for such testing. The following parameters to be tested, include, but are not limited to, water temperature, pH, specific conductivity, total dissolved solids, major ions, trace elements, radiochemical, and organic constituents as determined by the City Engineer.
j. Automatic emergency shut off valves that can be operated remotely must be installed on drilling equipment.
k. The applicant shall comply with all State and Federal air quality regulations. The applicant shall report the receipt of any air quality complaints to the City within ten (10) days.
l. The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of not less than fifteen million dollars ($15,000,000.00) per occurrence with an aggregate of thirty million dollars ($30,000,000.00) and a company authorized to do business in the State of Idaho shall write the policy. The certificate shall require at least thirty (30) days' notice to the City prior to termination of coverage for any reason. The applicant will be required to sign an indemnification provision with the City.
4. Site Design And Installation:
a. Access:
(1) Vehicular access to the project site solely via a residential street is prohibited unless it can be proven that the only viable vehicular access to the site is via the residential route. The use of collector streets is required, unless no viable alternative exists.
(2) City adopted standards pertaining to minimum traffic sight distances for all access points shall be adhered to. A stabilized construction entrance shall be installed between the site and the access road pursuant to the Idaho Standards for Public Works Construction.
(3) Access directly to State roads from a project site may require an Idaho Transportation Department (ITD) Approach Permit. Prior to initiating any work at the site, the City shall be provided a copy of any required approach permit.
(4) Access directly to City local streets shall require a Road Repair Agreement with the City prior to initiating any work at well site. Operator shall comply with any generally applicable bonding and permitting requirements for City roads that are to be used by vehicles for site construction, drilling activities and site operations. The Road Repair Agreement must be signed by the operator prior to any operations. The Road Repair Agreement shall cover permitting for any desired use of the City rights-of-way, requirements for road revisions such as for safe driveway approaches, and fees and notice regarding damages or obstructions to City roadways used. The operator may be required by the Public Works Department to regularly clean excessive mud and debris off of access roads. The operator may also be required to pay for traffic control during times of inordinate traffic disturbances that keep people from accessing their homes and businesses as determined by the Public Works Department.
(5) No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, oil and gas or petroleum liquids on, under or through the streets, alleys or other properties owned by the City without an easement or right-of-way permit from the City, pursuant to resolution no. 2009-05, as such may be amended, and then only in strict compliance with other City ordinances and all requirements of the City's Department of Public Works.
b. Height: No post-extraction facility shall exceed thirty five feet (35').
c. Setbacks/Location:
(1) Post-extraction facilities shall not be constructed within:
(A) Eight hundred feet (800') from a highway.
(B) One thousand five hundred feet (1,500') from the nearest property line of an existing occupied structure.
(C) One thousand five hundred feet (1,500') from a water well, ditches or canals.
(D) Two thousand feet (2,000') from the nearest property line of an existing church, school, hospital/medical facility, or place of assembly.
(2) Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with City residents' enjoyment of their property and future development activities as authorized by the City applicable ordinances.
(3) Post-extraction facilities shall not be constructed within the FEMA special flood hazard area.
d. Screening And Fencing:
(1) Security fencing with materials approved by the City, shall be installed around post-extraction structures and ponds or pits prior to the commencement of post-extraction.
(2) Security fencing shall be at least six feet (6') in height equipped with lockable gates at every access point and have vehicular openings no less than twenty feet (20') wide, pursuant to International Fire Code requirements for minimum fire lane access. Additional lockable gates used to access oil and gas well sites by foot may be allowed or required, as necessary. The Fire Chief shall be provided with a method to access the drill site in the case of an emergency, preferably by use of the Knox system.
(3) Warning signs shall be placed on the fencing surrounding the oil or gas post-extraction site providing notice of the potential dangers and the contact information in case of an emergency.
(4) In construction of post-extraction sites, the natural surrounding should be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible. Re-forestation/re-vegetation of the site will be provided by the owner/operator as required by Rules Governing Oil and Gas Conservation.
e. Lighting: Lighting at the site, either temporary or permanent, shall be directed downward and inward toward the activity so as to minimize glare on public roads and prevent direct illumination of adjacent properties. Lighting shall be adequate to ensure safety while minimizing the disturbance to adjacent properties.
f. Noise: Post-extraction activities shall comply with the City's noise regulations.
g. Dust Control, Vibrations And Odors:
(1) To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct production in a manner that minimizes dust, vibrations, or odors, and in accordance with industry best practices for production of gas and other hydrocarbons.
(2) The operator shall adopt proven technological improvements in industry standards for production of reducing dust, vibration, and odor.
(3) If the City determines that the dust, vibrations, or odors related to the drilling and production use present an unreasonable risk of injury, operations must cease until such issue is adequately addressed to the satisfaction of the City. If the City determines that the dust, vibrations, or odors related to the drilling and production have become a nuisance to persons living and working in the area, the City shall require the operator to adopt reasonable methods for reducing the dust, vibrations, and odors. This may include a requirement to install equipment on vehicles to minimize mud and debris with construction of access roads for vehicles exiting the site.
(4) Operator shall control fugitive dust arising from operations. Operator shall follow dust control methods approved in the dust control plan. Brine water, sulfur water, water in mixture with any type of hydrocarbon, including used motor oil may not be used for dust suppression.
(5) Any unpaved gravel areas shall be covered by a final layer of washed aggregate.
h. Hours Of Operation: Site development, other than drilling shall be conducted only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday and nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. on Saturday. Truck deliveries of equipment and materials associated with post- extraction, site preparation and other related work conducted on the site shall be limited to the above same work hour restrictions except in cases of an emergency.
5. Waiver: In the case of an application for permit under this section, a waiver from an imposed condition(s) shall be granted if the provision is in operational conflict with chapter 3, title 47 of the Idaho Code or the Rules Governing Oil and Gas Conservation. The applicant will have the burden to show there is an actual or operational conflict and the local and State rules cannot be implemented harmoniously. (Ord. 629, 3-12-2018; amd. Ord. 682, 5-10-2021)