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Editor’s note:
Ord. 16986, § 1, adopted June 13, 2006, amended Art. II, in its entirety, to read as herein set out. Prior to inclusion of Ord. 16986, Art. II pertained to similar subject matter. Subsequently, Ord. 18449-02-2009, § 1, adopted February 3, 2009, amended Art. II, in its entirety, to read as herein set out. See also the Code Comparative Table.
The exploration, development and production of gas in the city are activities which necessitate reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of gas and other substances produced in association with gas within the city to protect the health and general welfare of the public; minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
All technical industry words or phrases related to the drilling and production of gas wells not specifically defined in this article shall have the meanings customarily attributable thereto by prudent and reasonable gas industry operators. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABANDONMENT. As defined by the railroad commission of Texas and includes the plugging of the well and the restoration of any well site as required by this article.
AMBIENT NOISE LEVEL. 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.
BLOWOUT PREVENTER. A mechanical, hydraulic, pneumatic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe, or other tubular goods which completely close the top of the casing and are designed for preventing blowouts.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. The term BUILDING shall be construed as if followed by the words “or portions thereof.”
CATHODIC PROTECTION. An electrochemical corrosion control technique accomplished by applying a direct current to the structure that causes the structure potential to change from the corrosion potential to a protective potential in the immunity region. The required CATHODIC PROTECTION current is supplied by sacrificial anode materials or by an impressed current system.
CESSATION OF DRILLING ACTIVITIES. The time when the blowout protectors (BOPs) are removed or otherwise rendered inoperable and/or there are no further activities to trip drill pipe, casing or insert other tools into or out of the hole.
CITY. The City of Fort Worth.
CITY CODE. The code of the City of Fort Worth.
CITY ATTORNEY. The city attorney of the City of Fort Worth.
CITY REGULATED PIPELINES. Those pipelines within the city that under federal and state rules and regulations are not exempt from city regulations and articles regarding mapping, inventorying, locating or relocating of pipelines, including, but not limited to, pipelines over, under, along or across a public street or alley, pipelines from the well to the first point of custody transfer or in private residential areas within the boundaries of the city.
CLOSED LOOP MUD SYSTEM. A system utilized while drilling so that reserve pits are not used and instead steel bins are used to collect all drilling waste.
COMMISSION. The railroad commission of Texas and all state rules.
COMMENCEMENT OF DRILLING ACTIVITIES. The reflection of either “spud well” or “nipple up” the blow out protectors (BOP) by the drilling contractors on the IADC-API daily drilling report form maintained by the operator’s tool pusher on the pad site.
COMPLETION OF DRILLING, RE-DRILLING and RE-WORKING. The date the work is completed for the drilling, re-drilling or re-working and the crew is released by completing their work or contract or by their employer.
DAYTIME. The period from 6:00 am to 7:00 pm.
DECIBEL (dB). A unit for measuring the intensity of a sound/noise and is equal to ten times the logarithm to the base ten of the ratio of the measured sound pressure squared to a reference pressure which is 20 micropascals.
DEMOBILIZATION. Those activities when the drilling has ceased and the rig equipment and related pad site equipment is being dismantled for the purpose of moving off the drill pad site.
DERRICK. Any portable framework, tower, mast and/or structure which is required or used in connection with drilling or re-working a well for the production of gas.
DRILLING. Digging or boring a new well for the purpose of exploring for, developing or producing gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth.
DRILLING EQUIPMENT. The derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.
DRILLING OPERATIONS. Drilling with drill pipe and bit, running casing, circulating mud and fluids, tripping tools and setting production casing/tubing.
EXPLORATION. Geologic or geophysical activities, including seismic surveys, related to the search for gas or other subsurface hydrocarbons.
FEMA. The Federal Emergency Management Agency.
FIRM. The flood insurance rate map.
FIRE DEPARTMENT. The fire department of the City of Fort Worth.
FLOWBACK. The process of flowing a completed/fractured well for the purpose of recovering water and residual sand from the gas stream prior to sending gas down a sales line.
FRACTURE or FRACTURING. The process of fracture stimulation of a rock formation.
FRESHWATER FRACTURE PIT/POND. A pit used for the collection and storage of fresh water for the purpose of fracture stimulation of gas wells.
FRESH WATER. Water obtained from any source (natural or reuse) that contains 3,000 ppm chlorides or less or as defined by the railroad commission of Texas.
GAS. Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas.
GAS DRILLING REVIEW COMMITTEE. A committee consisting of applicable city departments assembled for the purpose of reviewing wells drilled within 600 feet of a protected use without waivers, all pipeline permit applications for gas pipelines through a private residential area, and permit applications involving noncommercial truck routes. A parks advisory board member will be included on the GAS DRILLING REVIEW COMMITTEE when any of the aforementioned reviews affects dedicated public parkland.
GAS WELL. Any well drilled, to be drilled, or used for the intended or actual production of natural gas.
HABITABLE STRUCTURE. Any structure for which a certificate of occupancy is required. A HABITABLE STRUCTURE shall not include detached accessory buildings, garages and sheds.
HOSPITAL BUILDING. Any building used or designed to and intended to be used for medical, surgical, psychiatric, nursing or custodial care on a twenty-four-hour basis, including convalescent facilities, social rehabilitation centers, mental hospitals, detoxification facilities, and alcohol and drug centers.
INSPECTOR. The gas inspector(s) or other inspectors as needed and as designated by the city.
LIFT COMPRESSOR. A device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well.
LINE COMPRESSOR. A device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline.
LINE COMPRESSOR OPERATOR. Any person issued a permit for a line compressor site, and/or who owns, operates, maintains or is responsible for operating a line compressor.
LINE COMPRESSOR SITE. A land area, as defined and submitted to the city by the line compressor operator, for the purpose of transporting gas through a pipeline by one or more line compressors and all associated operational activities and equipment.
MOBILIZATION. Those activities when the drilling rig and related equipment and personnel arrive at the well site and are conducting activities to rig up or position the rig equipment at the well and prepare for drilling. This includes all activities and services prior to the drill bit being lowered below the rotary table and entering the conductor pipe in an attempt to make hole (“spud in”) for the first time at the pad site.
MULTIPLE WELL SITE PERMIT. That permit issued for the sole purpose of allowing future wells to be drilled on an existing pad site and within 600 of protected uses without obtaining waivers and/or variances.
NIGHTTIME. The period between 7:00 p.m. and 6:00 a.m.
OPERATOR. For each well, the person listed on the railroad commission Form W-1 or Form P-4 for a gas well that is, or will be, actually in charge and in control of drilling, maintaining, operating, pumping or controlling any well, including, without limitation, a unit operator. If the OPERATOR, as herein defined, is not the lessee under a gas lease of any premises affected by the provisions of this article, then such lessee shall also be deemed to be an operator. In the event that there is no gas lease relating to any premises affected by this article, the owner of the fee mineral estate in the premises shall be deemed an OPERATOR.
OUTER BOUNDARY SURFACE PROPERTY LINE. The outer boundary of any property for which a preliminary plat or concept plan has been filed with the City of Fort Worth.
PERSON. Both the singular and the plural and a natural person, a corporation, association, guardian, partnership, receiver, trustee, administrator, executor and fiduciary or representative of any kind.
PIPELINE. All parts of those physical facilities through which gas, hazardous liquids, fresh water, salt water or chemicals move in transportation, including but limited to, pipe, valves and other appurtenance attached to pipe, whether or not laid in public or private easement or public or private right-of-way within the city, including but not limited to gathering lines, production lines and transmission lines. This definition does not include pipelines associated with franchise utilities.
PIPELINE CONSTRUCTION. The initiation of any excavation or other disturbance of property for the purpose of installation, construction, maintenance, repair, replacement, modification or removal of a pipeline.
PIPELINE OR WELL EMERGENCY. A pipeline or well incident that is required to be reported to the railroad commission, the Texas commission on environmental quality, or any federal, state or local regulatory agency.
PIPELINE PERMIT. A permit for the movement of gas, oil, water or other products.
PIPELINE OPERATOR. Any person owning, operating or responsible for operating a pipeline.
PRIVATE RESIDENTIAL AREA. Any area within the territorial limits of the city that is zoned and used as single- or multifamily residential; or vacant residentially-zoned lot that is adjacent to properties that are zoned and used as single- or multifamily residential.
PROPERTY OWNER. The owner of the surface property.
PROTECTED USE. A residence, religious institution, hospital building, school or public park.
PUBLIC BUILDING. All buildings with occupancies of 50 or more persons and more than 750 square feet used or designed to and intended to be used for motion picture theaters, symphony and concert halls, television and radio studios admitting an audience, theaters, banquet halls, night clubs, restaurants, taverns and bars, amusement arcades, art galleries, bowling alleys, community halls, courtrooms, dance halls, exhibition halls, funeral parlors, gymnasiums without spectator seating, indoor swimming pools and tennis courts without spectator seating, lecture halls, libraries, museums, waiting areas in transportation terminals, pool and billiard parlors, arenas with spectator seating, skating rinks with spectator seating, swimming pools with spectator seating, tennis courts with spectator seating and amusement park structures, bleachers, grandstands and stadiums used for viewing outdoor activities.
PUBLIC PARK. Any land area dedicated to the city for traditional park-like recreational purposes.
RE-DRILL. Re-completion of an existing well by deepening or sidetrack operations extending more than 150 feet from the existing well bore.
REDUCED EMISSION COMPLETION (GREEN COMPLETION). Techniques or methods that minimize the release of natural gas and vapors to the environment when a well is being flowed during the completion or re-completion phase of a Barnett Shale well.
RELIGIOUS INSTITUTION. Any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
RESIDENCE. A house, duplex, apartment, townhouse, condominium, city-inspected mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a gas well permit is filed with the gas inspector. RESIDENCE shall include assisted living facilities, nursing homes (both intermediate care facilities and skilled nursing facilities), residential board and care facilities, group homes, 24-hour shelters, half-way houses, hotels, motels and jails.
RE-WORKING. Re-completion or re-entry of existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than 150 feet from the existing well bore, or replacement of well liners or casings.
RIGHT-OF-WAY. Public rights-of-way including streets, easements and other property within the city and which is dedicated to the use and benefit of the public.
SCHOOL. Any public and private, primary and secondary educational facilities providing education or off-site related school sports venues up through and including the twelfth grade level and any licensed day care centers, meaning a facility licensed by the State of Texas or by the City of Fort Worth that provides care, training, education, custody, treatment or supervision for more than six children under 14 years of age, and for less than 24 hours per day.
SITE. The area used for drilling, development and production and all operational activities associated with gas production.
SITE PREPARATION. Any grading, tree removal, construction of access roads, delivery of fill material, staging of equipment or any other activity that would disturb the surface of the property.
STATE OR FEDERAL REGULATED PIPELINES. Those pipelines within the city that under state and federal rules and regulations are exempt from city regulations and articles regarding mapping, inventorying, locating and relocating of pipelines.
STREET. Any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way.
TANK. A container, covered or uncovered, used in conjunction with the drilling or production of gas or other hydrocarbons for holding or storing fluids.
TECHNICAL ADVISOR. Such person(s) familiar with and educated in the gas industry or the law as it relates to gas matters that may be retained from time to time by the city.
URBAN VILLAGE. A highly urbanized place designated by the city council that has a concentration of jobs, housing units, commercial uses, public spaces, public transportation, pedestrian activity and a sense of place within a relatively compact geographical area as identified and amended from time to time in the comprehensive plan.
WELL. A hole or holes, bore or bores, to any horizon, formation or strata for the purpose of producing gas, liquid hydrocarbon, brine water or sulphur water, or for use as an injection well for secondary recovery, disposal or production of gas, or other hydrocarbons from the earth.
WORKOVER OPERATION. Work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 18910-2009, §§ 1, 2, passed 11-10-2009; Ord. 19402-10-2010, § 2, passed 10-12-2010; Ord. 20927-09-2013, § 1, passed 9-10-2013; eff. 9-20-2013)
(a) The city manager shall designate a gas inspector who shall enforce the provisions of this article. The gas inspector shall have a degree in petroleum engineering with a background in drilling and production or demonstrate a proven background in the drilling, production and operation of gas wells. The gas inspector shall have the authority to issue any orders or directives required to carry out the intent and purpose of this article and its particular provisions. Failure of any person to comply with any such order or directive shall constitute a violation of this article.
(b) The gas inspector shall have the authority to enter and inspect any premises covered by the provisions of this article to determine compliance with the provisions of this article and all applicable laws, rules, regulations, standards or directives of the state and to issue citations for violations of this article. Failure of any person to permit access to the gas inspector shall constitute a violation of this article. The gas inspector shall conduct periodic inspections at least once a year of all permitted wells in the city to determine that the wells are operating in accordance within proper parameters as set out in this article and all regulations of the commission.
(c) The gas inspector shall have the authority to request and receive any records, including any records sent to the commission, logs, reports and the like, relating to the status or condition of any permitted well necessary to establish and determine compliance with the applicable gas well and pipeline permits or other permits as required by this article. Failure of any person to provide any such requested material shall be deemed a violation of this article.
(d) The gas inspector shall have the authority to allow alternatives to the technical standards of this article such as new technology, if the operator has demonstrated to the gas inspector’s satisfaction that the alternatives provide equal or greater protection of the environment or public.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
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