§ 15-41 BOND, LETTERS OF CREDIT, INDEMNITY, INSURANCE.

   (a)   General requirements. The operator shall be required to:

      (1)   Comply with the terms and conditions of this article and the gas well permit issued hereunder;

      (2)   Promptly clear drill and operation sites of all litter, trash, waste and other substances used, allowed or occurring in the operations, and after abandonment or completion grade, level and restore such property to the same surface conditions as nearly as possible as existed before operations;

      (3)   Indemnify and hold harmless the city, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work done by operator under a gas well permit:

         a.   Where such injuries, death or damages are caused by operator’s sole negligence or the joint negligence of operator and any other person or entity; and

         b.   Regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of operator.

      (4)   Promptly pay all fines, penalties and other assessments imposed due to breach of any terms of the gas well permit; and

      (5)   Promptly restore to its former condition any public property damaged by the gas operation.

   (b)   Bond, irrevocable letter of credit.

      (1)   Prior to the issuance of a gas well permit the operator shall provide the gas inspector with a security instrument in the form of a bond or an irrevocable letter of credit in accordance with this subsection (b). Evidence of the execution of a letter of credit shall be submitted to the gas inspector by submitting an original signed letter of credit from the banking institution, with a copy of the same provided to the city secretary.

         a.   During drilling. An operator drilling between one and five wells in the city at any time shall provide a blanket bond or letter of credit that meets the requirements of this subsection (b) in the principal minimum amount of $150,000. Such blanket bond or letter of credit shall be increased by $50,000 for the sixth and each additional well being drilled in the city.

         b.   During production. An operator with wells that are producing and for which all drilling operations have ceased shall provide a blanket bond or letter of credit that meets the requirements of this subsection (b) in the principal minimum amounts as follows:

            1.   Up to 75 wells: $100,000;

            2.   Between 76 and 150 wells: $150,000; and

            3.   More than 150 wells: $250,000.

      (2)   a.   The city shall be authorized to draw upon such bond or letter of credit to:

            1.   Recover any fines or penalties assessed under this article; or

            2.   To pay the city for the cost of doing any work required to remedy any default by the operator under any provision of this article.

         b.   If the city determines that a default has occurred in the performance of any requirement or condition imposed by this article, a written notice shall be given to the operator. Such notice shall specify the work to be done, the estimated cost and the period of time deemed to be reasonably necessary for the completion of such work. After receipt of such notice, the operator shall, within the time therein specified, either cause or require the work to be performed, or failing to do so, shall pay over to the city 125% of the estimated cost of doing the work as set forth in the notice. In no event, however, shall the cure period be less than 30 days unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the operator’s failure to provide periodic reports as required by this article.

         c.   The city shall be authorized to draw against the bond or letter of credit provided hereunder to recover such amount due from the operator. Upon receipt of such moneys, the city shall proceed by such mode as deemed convenient and necessary to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the commission, such additional money may be demanded from the operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this article. In the event the operator does not cause the work to be performed and fails or refuses to pay over to the city the estimated cost of the work to be done as set forth in the notice, or the issuer of the security instrument refuses to honor any draft by the city against the applicable irrevocable letter of credit or bond the city may proceed to obtain compliance and abate the default by way of civil action against the operator, or by criminal action against the operator, or by both such methods.

      (3)   Requirements for bonds. A bond shall be executed by a reliable bonding or insurance institution authorized to do business in Texas, acceptable to the city. The bond shall become effective on or before the date the gas well permit is issued and shall remain in force and effect for at least a period of six months after the expiration of the gas well permit term or until the well is plugged and abandoned and the site is restored, whichever occurs first. The operator shall be listed as principal and the instrument shall run to the city, as obligee, and shall be conditioned that the operator will comply with the terms and regulations of this article and the city. The original bond shall be submitted to the gas inspector with a copy of the same provided to the city secretary.

      (4)   Requirements for letters of credit. A letter of credit shall be issued by a reliable bank authorized to do business in Texas and shall become effective on or before the date the gas well permit is issued. The letter of credit shall remain in force and effect for at least a period of six months after the expiration of the gas well permit term. If the letter of credit is for a time period less than the life of the well as required by this article, the operator must agree to either renew the letter of credit or replace the letter of credit with a bond in the amount required by this article, on or before 60 days prior to the expiration date of the letter of credit. If the operator fails to deliver to the city either the renewal letter of credit or replacement bond in the appropriate amount on or before 60 days prior to the expiration date of the letter of credit, the city may draw the entire face amount of the attached letter of credit to be held by the City of Fort Worth as security for operator’s performance of its obligations under this article.

      (5)   When the well or wells covered by said irrevocable letters of credit or bond have been properly abandoned in conformity with all regulations of this article, and in conformity with all regulations of the commission and notice to that effect has been received by the city, or upon receipt of a satisfactory substitute, the irrevocable letter of credit or bond issued in compliance with these regulations shall be terminated and cancelled.

   (c)   Insurance. In addition to the bond or letter of credit required pursuant to this article, the operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in Texas. In the event such insurance policy or policies are cancelled, the gas well permit shall be suspended on such date of cancellation and the operator’s right to operate under such gas well permit shall immediately cease until the operator files additional insurance as provided herein.

      (1)   General requirements applicable to all policies.

         a.   The city, its officials, employees, agents and officers shall be endorsed as an “additional insured” to all policies except employers liability coverage under the operator’s workers compensation policy.

         b.   All policies shall be written on an occurrence basis except for environmental pollution liability (seepage and pollution coverage) and excess or umbrella liability, which may be on a claims-made basis.

         c.   All policies shall be written by an insurer with an A-VIII or better rating by the most current version of the A. M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the city.

         d.   Deductibles shall be listed on the certificate of insurance and shall be on a “per occurrence” basis unless otherwise stipulated herein.

         e.   Certificates of insurance shall be delivered to the City of Fort Worth, Planning and Development Department, 1000 Throckmorton Street, Fort Worth, Texas 76102, evidencing all the required coverage, including endorsements, prior to the issuance of a gas well permit.

         f.   All policies shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the city.

         g.   Any failure on part of the city to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein.

         h.   Each policy shall be endorsed to provide the city a minimum thirty-day notice of cancellation, non-renewal and/or material change in policy terms or coverage. A ten days’ notice shall be acceptable in the event of non-payment of premium.

         i.   During the term of the gas well permit, the operator shall report, in a timely manner, to the gas inspector any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss.

         j.   Upon request, certified copies of all insurance policies shall be furnished to the city.

      (2)   Standard commercial general liability policy. This coverage must include premises, operations, blowout or explosion, products, completed operations, sudden and accidental pollution, blanket contractual liability, underground resources and equipment hazard damage, broad form property damage, independent contractors’ protective liability and personal injury. This coverage shall be a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage.

      (3)   Excess or umbrella liability. Five million dollar excess when necessary.

      (4)   Environmental pollution liability coverage.

         a.   Operator shall purchase and maintain in force for the duration of the gas well permit, insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least $5,000,000 per loss.

         b.   Coverage shall apply to sudden and accidental, as well as gradual pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants.

         c.   The operator shall maintain continuous coverage and shall purchase extended coverage period insurance when necessary. The extended coverage period insurance must provide that any retroactive date applicable to coverage under the policy precedes the effective date of the issuance of the permit by the city.

      (5)   Control of well. The policy should cover the cost of controlling a well that is out of control, re-drilling or restoration expenses, seepage and pollution damage as first party recovery for the operator and related expenses, including, but not limited to, loss of equipment, experts and evacuation of residents:

         a.   Five million dollars per occurrence/combined single limit; and

         b.   Five hundred thousand dollars sub-limit endorsement may be added for damage to property for which the operator has care, custody and control.

      (6)   Workers compensation and employers liability insurance.

         a.   Workers compensation benefits shall be Texas statutory limits.

         b.   Employers liability shall be a minimum of $500,000 per accident.

         c.   Such coverage shall include a waiver of subrogation in favor of the city and provide coverage in accordance with applicable state and federal laws.

      (7)   Automobile liability insurance.

         a.   Combined single limit of $1,000,000 per occurrence for bodily injury and property damage.

         b.   Coverage must include all owned, hired and not-owned automobiles.

      (8)   Certificates of insurance.

         a.   The company must be admitted or approved to do business in the State of Texas, unless the coverage is written by a surplus lines insurer.

         b.   The insurance set forth by the insurance company must be:

            1.   Underwritten on forms that have been approved by the Texas state board of insurance or ISO, or an equivalent policy form acceptable to the city, with the exception of environmental pollution liability and control of well coverage;

            2.   Set forth all endorsements and insurance coverage according to requirements and instructions contained herein; and

            3.   Shall specifically set forth the notice of cancellation, termination or change in coverage provisions to the city. All policies shall be endorsed to read “THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN DAYS’ ADVANCE WRITTEN NOTICE IS REQUIRED.”

         c.   Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance.

   (d)   Indemnification and express negligence provisions. Each gas well permit issued by the gas inspector shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the City of Fort Worth and/or its departments, agents, officers, servants, successors, assigns, sponsors, volunteers or employees, created by or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas well permit. The operator shall fully defend, protect, indemnify and hold harmless the City of Fort Worth, Texas, its departments, agents, officers, servants, employees, successors, assigns, sponsors or volunteers from and against each and every claim, demand or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees and expenses incurred in defense of the City of Fort Worth, Texas, its departments, agents, officers, servants or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by operator, its agents, assigns or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas well permit. The operator agrees to indemnify and hold harmless the City of Fort Worth, Texas, its departments, its officers, agents, servants, employees, successors, assigns, sponsors or volunteers from any liabilities or damages suffered as a result of claims, demands, costs or judgments against the city, its departments, its officers, agents, servants or employees, created by, or arising out of the acts or omissions of the City of Fort Worth occurring on the drill site or in the course and scope of inspecting and permitting the gas wells including, but not limited to, claims and damages arising in whole or in part from the negligence of the City of Fort Worth occurring on the drill site or in the course and scope of inspecting and permitting the gas wells. It is understood and agreed that the indemnity provided for in this section is an indemnity extended by the operator to indemnify and protect the City of Fort Worth, Texas and/or its departments, agents, officers, servants or employees from the consequences of the negligence of the City of Fort Worth, Texas and/or its departments, agents, officers, servants or employees, whether that negligence is the sole or contributing cause of the resultant injury, death and/or damage.

   (e)   Notice. The individual designated to receive notice shall be a resident of Texas upon whom all orders and notices provided in this article may be served in person or by registered or certified mail. Every operator shall within ten days notify the gas inspector in writing of any change in such agent or mailing address unless operations in the city are discontinued and abandonment is complete.

   (f)   Acceptance and indemnity agreement. The operator who has a net worth of not less than $50,000,000, as shown in such owner’s or operator’s most recent audited financial statements, may substitute an acceptance and indemnity agreement in lieu of the bond or irrevocable letter of credit and insurance requirements set forth in this article, provided that such acceptance and indemnity agreement shall be in a form acceptable to, and approved by, the city attorney and the city’s director of risk management. The gas inspector may request an annual review of the operator’s most recent audited financial statements to assure compliance with this section.

(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)

DIVISION VII: ONSITE AND TECHNICAL REGULATIONS

§ 15-42 TECHNICAL REGULATIONS.

   (a)   Onsite requirements.

      (1)   Abandoned wells. All wells shall be abandoned in accordance with the rules of the railroad commission and pursuant to § 15-45 of this article.

      (2)   Blowout prevention. In all cases, blowout prevention equipment shall be used on all wells being drilled, worked-over or in which tubing is being changed. Protection shall be provided to prevent blowout during gas operations as required by and in conformance with the requirements of the commission and the recommendations of the American Petroleum Institute. The operator must equip all drilling wells with adequate blowout preventers, flow lines and valves commensurate with the working pressures involved as required by the commission.

      (3)   Closed loop mud systems. A closed loop mud system shall be required for all drilling and reworking operations for all gas wells. Gas wells located on an open space of not less than 25 acres with no operations to be conducted within 1,000 feet of a protected use may use a lined earthen pit instead of a closed loop mud system.

      (4)   Compliance. Operator shall comply with all applicable federal, state and city requirements at all times.

      (5)   Discharge. No person shall place, deposit, discharge or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any gas operation or the contents of any container used in connection with any gas operation in or upon any body of water or any private property in the city or in or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain without permits from the appropriate city departments.

      (6)   Drilling notice. The operator shall provide 48-hour notice to the gas inspector before the start of drilling operations, fracture stimulation, work over or servicing operations.

      (7)   Drill stem testing. All open hole formation or drill stem testing shall be done during daytime hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe prior to the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.

      (8)   Dust, vibration, odors. All drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of gas and other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effects are minimized by the operations carried on at any drilling or production site or from anything incident thereto to avoid injury to or annoyance of persons living in the vicinity. The site or structures shall not be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor.

      (9)   Electric lines. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision.

      (10)   Electric motors. Only electric prime movers or motors shall be permitted for the purpose of pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city articles and the appropriate national codes.

      (11)   Emergency response plan. Prior to the commencement of any gas or other hydrocarbons production activities, operator shall submit to the gas inspector an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the commission, Texas natural resource conservation commission, department of transportation and/or the Environmental Protection Agency and city fire code. A copy of the emergency response plan shall be kept on-site.

      (12)   Equipment painted. All production equipment on the site shall be painted and maintained at all times, including pumping units, storage tanks, buildings and structures. No company logos or advertisement shall be allowed.

      (13)   Explosives. Use of explosive charges within the city limits shall require a permit issued by the bomb and arson section of the City of Fort Worth fire department.

      (14)   Fire notice. In the event of a fire or discovery of a fire, smoke or unauthorized release of flammable or hazardous materials on any property, the operator shall immediately report such condition to the fire department in accordance with the City of Fort Worth Fire Code. The reporting limits for hazardous materials release shall conform to the requirements of the railroad commission and not exceed any state or federal permitting limit. A copy of the hazardous materials release records required by Texas commission on environmental quality (TCEQ) shall be forwarded to the fire marshal on an annual basis.

      (15)   Fire prevention; sources of ignition. Firefighting apparatus and supplies as approved by the fire department and required by any applicable federal, state or local law shall be provided by the operator, at the operator’s cost, and shall be maintained on the drilling site at all times during drilling and production operations. The operator shall be responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an appropriately labeled emergency shut off valve to the well distribution line.

      (16)   Fracturing operations.

         a.   All formation fracture stimulation operations shall be conducted during daytime hours.

         b.   At least 48 hours before operations are commenced, the operator shall notify the gas inspector and post a sign at the entrance of the well site advising the public of the date the operations will commence.

         c.   “Flowback” operations to recover fluids used during fracture stimulation shall be exempt from work hour restrictions, subject to noise restrictions of § 15-42.

         d.   A watchman shall be required at all times during such operations.

         e.   At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.

      (17)   Fresh water fracture ponds.

         a.   Permit required. The construction of a fresh water fracture pit shall require a permit from the city after approval from the following city departments:

            1.   Fire department in order to address the location of the fresh water fracture pit;

            2.   Water department for sewer line and water line review;

            3.   Transportation and public works for master thoroughfare and floodplain review;

            4.   Planning and development for forestry review; and

            5.   Any other applicable city department as determined by the city.

         b.   Fracture pond. No construction of the fracture pond shall commence until review and approval from all city departments are received and a permit is issued by the gas inspector.

         c.   Fresh water fracture pond. No fresh water fracture pond may be placed in any city recognized drainage way or FEMA floodplain or floodway without a floodplain development permit from the transportation and public works department. Fresh water fracture pond shall not be placed in existing or future rights-of-way as shown on the city’s master thoroughfare plan.

         d.   Compliance. Construction and maintenance of the fresh water fracture pit must comply with all city, state and federal regulations.

         e.   Location. All freshwater fracture ponds located on a tract of land not adjacent to a gas drilling pad site shall be located in “AG” Agricultural, “I” Light Industrial, “J” Medium Industrial and “K” Heavy Industrial zoning districts unless otherwise authorized by the gas inspector for the purpose of reducing total number of fracture ponds. All freshwater fracture ponds located in urban villages shall require approval by the city council.

         f.   On location. The permit or authorization issued by the city shall be maintained on the location at all times during construction of the fresh water fracture pit.

         g.   Pit requirements. All pits shall meet the following requirements.

            1.   Fresh water fracture pits shall not be lined with a synthetic impervious liner unless approved by the gas inspector. Existing liners shall be removed at the time any pit is reworked, enlarged, restored or altered unless otherwise authorized by the gas inspector.

            2.   The fresh water fracture pit shall be enclosed with open design chain link black or dark green fencing on all four sides.

            3.   Pits shall be maintained in a manner utilizing best management practices to ensure the integrity of pit walls and liners. For purposes of this subsection (a), BEST MANAGEMENT PRACTICES shall mean structural, nonstructural and managerial techniques that are recognized to be the most effective and practical means to control water storage in open pits in an urban or rural setting.

            4.   No oil and gas waste by-products or salt water shall be allowed in the fresh water fracture pit.

            5.   A sign at a conspicuous place or places on the property near any right-of-way, street, road or public thoroughfare. The sign shall provide the operator’s phone number for additional information.

         h.   Specific surface use agreement. The operator shall enter into a specific surface use agreement with the surface owner that provides for the maintenance and operation of the fracture pond when the pond is no longer under the control or use of the operator or that the operator will restore the property to its condition prior to the construction of the fracture pond. The agreement shall be provided to the city.

         i.   Periodic tests. Periodic tests may be required by the city’s gas well inspector. All costs for testing shall be borne by the operator or permittee of the fresh water fracture pit. All samples collected for testing shall be witnessed by the gas inspector or other designated city personnel.

      (18)   Fresh water wells. It shall be unlawful to drill any well the center of which, at the surface of the ground, is located within 200 feet of any existing fresh water well unless a waiver is obtained from the property owner. The measurement shall be in a direct line from the closest well bore to the fresh water well bore.

         a.   The operator of a gas well shall provide the gas inspector with a “pre-drilling” and “post-drilling” water analysis and flow rate from any existing fresh water well within 500 feet of the gas well.

         b.   An operator may drill a fresh water well in compliance with state law within 200 feet of the wellbore to use for drilling and completion operations. A fresh water well that is used for drilling and production operations is excluded from the 200 foot setback for future gas wells drilled on the permitted pad site.

         c.   A copy of the Texas water development board permit shall be provided to the gas inspector along with the geographic coordinates of every water well within 500 feet of the well bore.

         d.   A copy of all plugging and abandonment reports filed with the state and/or transfer of ownership notice shall be provided to the gas inspector and the water department.

         e.   The operator of a gas well shall provide the gas inspector with a “pre-drilling” and “post-drilling” water analysis from the fresh water well if the well is transferred to private or public use.

      (19)   Gas lift compressor. Any on-site compressor used to “lift gas” shall be designed to comply with the noise requirements of this article.

      (20)   Gas processing onsite. Except for a conventional gas separator or line heater, no refinery, processing, treating or absorption plant of any kind shall be constructed, established or maintained on the premises without appropriate city permits and a certificate of occupancy.

      (21)   Grass, weeds, trash. All drill sites shall be kept clear of high grass, weeds and combustible trash within a radius of 100 feet around any gas tank or tanks or producing wells.

      (22)   Hazardous plan. Hazardous materials management plan (HMMP) and all material safety data sheets (MSDS) for all hazardous materials that will be located, stored, transported and/or temporarily used on the operations site shall be submitted to the gas inspector for distribution to the director of the emergency management office.

      (23)   Lights. No person shall permit any lights located on any site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within 300 feet.

      (24)   Mobilization and demobilization. Mobilization and demobilization shall be prohibited before 9:00 a.m. and after 6:00 p.m. on Sundays. Other than mobilization and demobilization and advancing the bore hole, no other activities shall be allowed on the site on Sundays.

      (25)   Muffling exhaust. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.

      (26)   Pits. The following applies for pits used for drilling and completion operations.

         a.   Lined earthen mud or circulating pits or a closed loop mud system may be used for gas wells permitted prior to January, 2009.

         b.   All pits shall be approved by the applicable city department.

         c.   All pits and contents shall be de-watered, back-filled and compacted following the schedule established by the statewide rules of the railroad commission.

         d.   No drill cuttings, rotary mud or wastewater generated during drilling operations may be buried on site unless permitted by the commission and approved by the city after submission of an acceptable pre-burial test.

         e.   No pit shall be placed in a floodplain without obtaining a floodplain development permit from the transportation and public works department.

         f.   Every drill pit used for drilling operations shall be fenced on all open sides during drilling operations and enclosed on all four (4) sides with a chain link fence in compliance with § 15-43 after drilling operations have ceased.

         g.   No flowback water produced by fracture operations shall be placed in any open pit without a copy of a valid state permit submitted to the gas inspector.

      (27)   Private roads and drill sites.

         a.   Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the site itself shall be at least 15 feet wide, drain appropriately, have an overhead clearance of 14 feet and shall be surfaced with a crushed rock, gravel or ore and maintained to prevent dust and mud. All temporary driveway approaches must be approved by the city prior to the commencement of any drilling operations. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the gas inspector and the city director of transportation and public works 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. Watering, wetting or other methods or materials must be used to control the dust on all roads adjacent to residential property.

         b.   A gated permanent approach meeting the city design requirements shall be constructed at the entrance of the access road onto a public street within 60 days after drilling operations have ceased or at the request of the gas inspector.

      (28)   Reduced emission completion.

         a.   After fracturing or re-fracturing, operators shall employ appropriate equipment and processes as soon as practicable to minimize natural gas and associated vapor releases to the environment. All salable gas shall be directed to the sales line as soon as practicable or shut in and conserved. All wells that have a sales line shall be required to employ reduced emission completion techniques and methods, but operators may request a variance from the gas inspector if they believe that reduced emission completion techniques or methods are not feasible or would endanger the safety of personnel or the public.

         b.   Reduced emission completion techniques and methods shall not be required for well(s) that do not have a sales line and:

            1.   Were permitted prior to July 1, 2009; or

            2.   Is the first permitted well on a pad site.

         c.   Flaring may be allowed in some instances as an alternative to venting as allowed by the gas inspector. If burning of gases by open flame is authorized by the gas inspector, then such open flame shall not be located closer than 300 feet from any building not used in operations on the drilling site and such open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners.

      (29)   Salt water disposal wells. Salt water disposal wells shall not be allowed or permitted within the corporate limits of the city.

      (30)   Signs.

         a.   A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing erected pursuant to § 15-43 of this article. Such sign shall made from be durable material, maintained in good condition and, unless otherwise required by the commission, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following:

            1.   Well name and number;

            2.   Name of operator;

            3.   The emergency 911 number; and

            4.   Telephone numbers of two persons responsible for the well who may be contacted in case of emergency.

         b.   Permanent weatherproof signs reading “DANGER NO SMOKING OR OPEN FLAME ALLOWED IN THIS AREA” “PELIGRO NO FUMAR O INICIAR LLAMA EN ESTA AREA” shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the city. Sign lettering shall be four inches in height and shall be red on a white background or white on a red background. Each sign shall include the emergency notification numbers of the fire department and the operator, well and lease designations required by the commission.

         c.   In accordance with the Fort Worth Fire Code, §§ 2703.5 and 2703.6, a National Fire Prevention Association (NFPA) 704 diamond hazard identification signs are required on each tank and at the entrance to the site adjacent to the operator’s sign. A label must be located on each tank indicating exact chemicals that may be contained in the tank. Text shall be a minimum of six inches in height, contrasting with the background color.

      (31)   Storage of equipment.

         a.   Onsite storage is prohibited. 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.

         b.   No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway, alley or upon any 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 fire department shall be the entity that determines whether any equipment on the site shall constitute a fire hazard.

      (32)   Storage tanks. 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 ten feet above the terrain surrounding the tanks. All storage tanks shall be equipped with a secondary containment system including lining with an impervious synthetic material. The secondary containment system shall be a minimum of three feet in height and one and one-half times the contents of the largest tank in accordance with the Fire Code, and buried at least one foot deep. Drip pots shall be provided at the pump out connections to contain the liquids from the storage tanks.

         a.   Secondary containment shall be required for all equipment. Secondary containment shall be capable of containing a release of 150% of the largest storage container within the containment and have adequate freeboard to contain an average annual rain event.

         b.   Temporary flowback tanks shall be removed within 90 days after completion of the gas well(s) at the pad site unless permission is obtained from the gas inspector to extend the time period for no more than 30 days.

         c.   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.

         d.   No meters, storage tanks, separation facilities or other aboveground facilities, other than the well head and flow lines, shall be placed in a floodway identified by FEMA on the most current FIRM or the 100-year floodplain without a floodplain development permit obtained from the department of transportation and public works.

         e.   All tanks shall be set back at least 75 feet from any public street, road, highway or future street, or right-of-way or the nearest rail of an operating railway.

         f.   Tank batteries, separators and equipment shall be set back at least 200 feet from the protected use, public building or habitable structure or 100 feet from the property line, whichever is greater. The setback shall apply for any protected use, public building or habitable structure for which a building permit has been issued on the date of the application for a drilling permit. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building.

      (33)   Tank battery facilities. Tank battery facilities shall be equipped with a lightning arrestor system.

      (34)   Surface casing. Surface casing shall be run and set in full compliance with the applicable rules and regulations of the commission.

      (35)   Valves. Each well must have a shutoff valve to terminate the well’s production. The fire department shall have access to the well site and the shut-off valve in an emergency. Each well shall be equipped with an automated valve that closes the well in the event of any abnormal increase in operating pressure.

      (36)   Vapor recovery for storage tanks. Vapor recovery equipment shall be required for tank batteries that have an estimated rolling annual aggregate emissions rate of 25 tons or greater of total volatile organic hydrocarbons per year per well head. Vapor recovery equipment must be operated and maintained in such a way to ensure a 95% recovery efficiency between the internal and external atmospheres of the tank(s).

      (37)   Vehicle truck routes. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as either truck routes or commercial delivery routes designated by the city code wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the city council for the use by any commercial motor vehicle, truck-tractor, trailer, semi-trailer or any combination thereof. All vehicle truck routes must be approved by the gas inspector before the gas well permit is issued. The gas inspector shall have the authority to require an alternate route to minimize the impact to surrounding uses.

      (38)   Waste disposal. Unless otherwise directed by the commission, all tanks used for storage shall conform to the following.

         a.   Operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks must have a vent line, flame arrester and pressure relief valve. All tanks must be enclosed by a fence applicable to the issued permit classification.

         b.   Except as provided in subsection (a)(3) above, drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling, re-working or deepening of any well shall be discharged into a closed loop mud system. All disposals must be in accordance with the rules of the commission and any other appropriate local, state or federal agency.

         c.   Unless otherwise directed by the commission, waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every 30 days. Water stored in on-site tanks shall be removed as necessary.

         d.   All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the state, this article and any other applicable article of the city.

      (39)   Watchman. The operator must keep a watchman or security personnel on site during the drilling or re-working of a well when other workers are not on the premises.

      (40)   Wellhead status wellbores, mouse holes, rat holes, cellars and conduit casings.

         a.   Wellhead status wellbores, mouse holes, rat holes, cellars and conduit casings shall be:

            1.   Covered at all times when not in use by one-half-inch steel plating, adequately covering the entire bore hole annulus to prevent accidental entrapment of persons or animals;

            2.   Completed through the production casing flange with a metal plate or blind flange bolted across the head; and

            3.   Surrounded with a six feet tall chain link fence having a gate and lock.

         b.   The cellar shall be filled or closed. The Braden head shall be piped to the surface and open to the atmosphere or have an observable and adequate pressure gauge with operable test valve.

      (41)   Work hours. No construction activities involving excavation of, alteration to or repair work on any access road or pad site shall occur during nighttime hours or at any time on Sunday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to daytime hours 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. Other than mobilization and demobilization and advancing the bore hole, no other activities shall be allowed on the wells site on Sundays.

   (b)   Noise - gas wells.

      (1)   Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan, approved by the gas inspector, detailing how the equipment used in the drilling, completion, transportation or production of a well complies with the maximum permissible noise levels of this section. The noise management plan must:

         a.   Identify operation noise impacts;

         b.   Provide documentation establishing the ambient noise level prior to construction of any wellhead, compressor or compression facility; and

         c.   1.   Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:

               i.   Nature and proximity of adjacent development, location and type;

               ii.   Seasonal and prevailing weather patterns, including wind directions;

               iii.   Vegetative cover on or adjacent to the site; and

               iv.   Topography.

            2.   The operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of the noise generation equipment

      (2)   No well shall be drilled, re-drilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at the protected use receiver’s/receptor’s property line or from the closest exterior point of the protected use structure or inside the protected use structure if access to the property is granted by the receiver/receptor, that:

         a.   Exceeds the ambient noise level by more than five decibels during daytime hours and more than three decibels during nighttime hours;

         b.   Exceeds the ambient noise level by more than ten decibels over the daytime average ambient noise level during fracturing operations during daytime hours. No fracturing shall be allowed during nighttime hours except for flowback operations related to fracturing as provided in subsection (b)(2)c. below;

         c.   Exceeds the ambient noise level by more than three decibels during flowback operations during nighttime hours;

         d.   Creates pure tones where one-third octave band sound-pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of two contiguous one-third octave bands by five dB for center frequencies of 500 Hertz and above, and by eight dB for center frequencies between 160 and 400 Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or

         e.   Creates low-frequency outdoor noise levels that exceed the following dB levels:

 

16 Hz octave band	65 dB
31.5 Hz octave band	65 dB
64 Hz octave band	65 dB

 

      (3)   The operator shall be responsible for establishing and reporting to the city a continuous 72 hour pre-drilling ambient noise level prior to the issuance of a gas well permit. The 72-hour time span shall include at least one 24-hour reading during either a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off-site.

      (4)   Adjustments to the noise standards as set forth above in subsection (b)(1)a., (b)(1)b. and (b)(1)c. of this section may be permitted intermittently in accordance with the following:

 

Permitted Increase (dBA)	Duration of Increase (minutes)*
10	5
15	1
20	Less than 1
*   Cumulative minutes during any one hour

 

      (5)   All workover operations shall be restricted to daytime hours.

      (6)   The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within 600 feet of a protected use shall be continuously monitored, to ensure compliance. The cost of such monitoring shall be borne by the operator. If a complaint is received by either the operator or the gas inspector from any protected use the operator shall, within 24 hours of notice of the complaint, continuously monitor for a 72-hour period the exterior noise level generated by the drilling, redrilling or other operations to ensure compliance. At the request of the gas inspector, the operator shall monitor the exterior noise level at the source of the complaint.

      (7)   Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the gas inspector may be used to ensure compliance. All soundproofing shall comply with accepted industry standards and be subject to approval by the city’s fire department.

      (8)   The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute’s Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

      (9)   A citation may be immediately issued for failure to comply with the provisions of this section. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given 24 hours from notice of noncompliance to correct the violation from an identified source before a citation is issued. Additional extensions of the 24-hour period may be granted in the event that the source of the violation can not be identified after reasonable diligence by the operator.

   (c)   Setbacks.

      (1)   Distance.

         a.   It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:

            1.   Within 25 feet from any storage tank or source of ignition;

            2.   Within 75 feet of any public street, road, highway, future street, right-of-way, property line or the nearest rail of an operating railway;

            3.   Within 600 feet from any protected use;

            4.   Within 300 feet from any public building;

            5.   Within 200 feet from any habitable structure;

            6.   Within 100 feet of any building accessory to, but not necessary to the operation of the well;

            7.   Within 200 feet to any fresh water well not drilled by the operator as a specific source of water used for drilling or completion operations without the express written permission of the owner of the water well; or

            8.   Within 300 feet from an outer boundary surface property line or a distance minus the required zoning setback of the adjacent property at the time of permitting the first gas well unless one of the following conditions exist:

               i.   The oil, gas and mineral lease precedes the formation of an outer boundary surface property line; or

               ii.   The adjacent property is owned or under lease by the operator.

         b.   The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any object listed in subsections (c)(1)a.1. through (c)(1)a.6. and (c)(1)a.8. above, except that the measurement from a well bore to a school not located within another protected use shall be from the property line of the school to the well bore, in a straight line, without regard to intervening structures or objects.

         c.   The measurement for g. above shall be in a direct line from the closest well bore to the fresh water well bore. The distance requirement for fresh water wells is subject to the railroad commission regulations and any other state or federal requirements.

      (2)   Distance reduction for protected uses. The distance set out in subsection (c) of this section may be reduced to 300 feet from any protected use, with a:

         a.   Waiver granted by the city council; or

         b.   Written notarized waivers granted by all the protected use property owners within a 600-foot radius around the proposed well pursuant to § 15-36 of this article.

   (d)   Compressor stations - natural gas facilities.

      (1)   Compressor noise regulations. For purposes of this subsection (d), OPERATOR shall refer to either the pipeline operator or the gas well operator, as applicable.

         a.   1.   Maximum permitted sound levels for all permanent lift or line compressors shall be limited by the following zoning classifications:

 

Industrial	75 dBA day/65 dBA night
Commercial	65 dBA day/55 dBA night
Residential	55 dBA day/50 dBA night

 

            2.   If the measurement location is on a boundary between two different land use classifications, the lower noise level standard applicable to the noise zone shall apply.

         b.   Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient for that location (measured at the property line of the noise creator).

         c.   Noise measurement will be taken at the property line of the compressor station to determine ambient. To determine compliance with the noise requirements all measurements will be taken at the property line of the receiver/receptor.

         d.   Compressors shall meet the low and high frequency requirements/standards as required for gas wells cited above.

      (2)   Lift compressors.

         a.   Lift compressors shall be allowed in all zoning districts, but shall be restricted to the gas drilling pad site.

         b.   Except as outlined below, lift compressors shall be required to meet all the noise standards of subsection (a) above.

            1.   Temporary lift compressor for each well shall be classified as temporary for six months for noise regulations purposes and shall be allowed five dBA over ambient during the day and three dBA over ambient at night.

            2.   No compressor shall be considered temporary if installed within six months of removal of the initial compressor for that well.

            3.   Permanent lift compressors shall be required to meet the zoning noise requirements for their zoning location as outlined in subsection (d)(1) above.

            4.   Sound blankets shall be permitted for noise abatement on temporary lift compressors.

            5.   No sound blankets shall be permitted for permanent lift compressors. All acoustical structures for permanent compressors must be constructed of permanent material constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment, is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible and meets all applicable building and fire codes.

         c.   All lift compressors shall be set back a minimum of 200 feet from any protected use, public building or habitable structure or 100 feet from the property line, whichever is greater.

         d.   All compressor and associated equipment and buildings shall be enclosed by a six-foot security fence constructed per § 15-43, Fences and landscaping, of this article.

         e.   One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of-way. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allow inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester. This requirement shall supersede other landscaping requirements, except for the tree preservation and/or planting percentage requirements in § 15-43.

         f.   All equipment or buildings associated with the operation of the compressor located in or within 600 feet of residentially used property or from the public right-of-way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the director of planning and development or his or her designee that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible.

         g.   Secondary containment. Secondary containment shall be required around all compressor stations. All secondary containment must meet the requirements of subsection (a)(32) above.

         h.   Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of non-combustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of noxious gases, fumes or ignited carbon or soot.

         i.   All facilities shall be inspected by the fire marshal for compliance with relative fire codes and the gas inspector prior to operation of the compressor.

      (3)   Line compressor sites.

         a.   Line compressor site permit application requirements.

            1.   A person wanting to engage in and operate a line compressor shall first apply for and obtain a line compressor site permit as required under this article.

            2.   The requirements below are for the purpose of evaluating and processing an application for a line compressor site and are not meant to supersede any other part of the city code pertaining to development or building standards.

               i.   Every application for a line compressor site issued pursuant to this article shall be in writing signed by the line compressor operator, or a person duly authorized to sign on behalf of the line compressor operator, and filed with the inspector.

               ii.   Each application shall be accompanied by a fee as set forth in the city code for gas drilling and production fees.

               iii.   The application shall include the following information:

                  A.   The date of the application;

                  B.   A legal description of the property. The property must be platted and referenced by subdivision, block and lot numbers;

                  C.   Surface owners’ name(s) and address(es) of the line compressor site property;

                  D.    Line compressor operator/applicant name and address and if the line compressor operator is a corporation, the state of incorporation, and if the line compressor operator is a partnership, the names and addresses of the general partners;

                  E.   Name and address of individual designated to receive notice;

                  F.   Location and description of all improvements and structures within 1,000 feet of the line compressor site;

                  G.   Owner and address of each parcel of property within 1,000 feet of the proposed line compressor site;

                  H.   A surveyed site plan of the proposed line compressor site shall display a registered professional land surveyor seal, a legend with scale for measurements and a complete legal description with property lines and easements shown. The surveyed line compressor site plan shall include specific details to the projected location of the major components of the line compressor site, the location of all improvements and equipment, including, but not limited to, tanks, city regulated pipelines, compressors, separators, lights, storage sheds, fencing, driveway approaches and any access roads. The surveyed line compressor site plan shall show the location of specific compressors, pipelines, tanks and reservoir(s) in relationship to existing and proposed water and sanitary sewer lines and any other utility easements. The line compressor site plan shall also indicate floodway, floodplain or city recognized drainage ways and the elevation and slope of the line compressor site which indicates compliance with the then current fill article, impacted vegetation, tree survey, creeks and other topographic features, compliance with the landscaping requirements as set out in § 15-43 of this article, adjacent buildings and other structures and the measured distance from the compressors to these buildings and structures, temporary and permanent fencing and landscaping. Zoning of the property and adjacent property must be shown;

                  I.   A statement, under oath, signed by the line compressor operator, or designated representative, that the information submitted with the application is, to the best knowledge and belief of the compressor operator or designated representative, true and correct;

                  J.   Noise management plan demonstrating compliance with subsection (d)(1)a. above; and

                  K.   A request for waiver as outlined in subsection (d)(4) below, if applicable.

         b.   Location. Line compressor sites shall be permitted only in “PD” planned development zoning districts, “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts and shall meet the following setbacks.

            1.   “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts setback. The boundary of all line compressor sites in “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts shall be set back a minimum of 600 feet from any protected use. The setback from protected uses may be reduced to 300 feet from the boundary of the line compressor site provided the line compressor(s) located within the line compressor site are fully enclosed.

            2.   “PD” planned development zoning district setback. The boundary of all line compressor sites in “PD” zoning districts shall be set back a minimum of 1,000 feet from a protected use. The distance may be reduced to 600 feet when written waivers are obtained from 100% of the protected use property owners within such distance by the applicant or by the granting of a waiver from the city council.

            3.   All zoning districts. The boundary of all line compressor sites shall be setback a minimum of 300 feet from a public building or a habitable structure.

         c.   Equipment and buildings not part of the operation of the line compressor site. Equipment and buildings not part of the operation of the line compressor site shall be set back a minimum of 200 feet from the protected use, public building or habitable structure or 100 feet from the property line, whichever is greater.

         d.   Setback measurement. The measurement of the setback distance shall be made from the boundary of the line compressor site, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the closest protected use or boundary line of a public park or property line of a school. The line compressor operator shall designate the area within the line compressor site where one or more line compressors may be located. The line compressor site will be defined as an area on the site plan by coordinates and setback distance will be measured from the defined area.

         e.   Standards. Line compressor sites shall be required to meet the following standards.

            1.   Line compressor sites shall meet the applicable noise standards for that zoning classification as set out in subsection (d)(1)a. above. Landscaping, buffering or acoustical structures shall be required as required by this section and as required by the zoning regulations for the applicable zoning district.

            2.   No sound blankets shall be allowed.

            3.   All acoustical structures must be constructed of permanent material constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment is a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible and meets all applicable building and fire codes.

            4.   All facilities shall be inspected by the inspector prior to operation of the compressor.

            5.   Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels shall not be discharged into the open air unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations.

         f.   All line compressor sites and associated equipment and buildings shall be enclosed by a six foot security fence constructed per § 15-43 of this article.

         g.   One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of-way. No heavy equipment, including, but not limited to, trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allow inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester. This requirement shall supersede other landscaping requirements, except for the tree preservation and/or planting percentage requirements in § 15-43.

         h.   All equipment, that is located in or within 600 feet of a residence or from the public right- of-way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible.

         i.   Secondary containment shall be required around all line compressors and within the line compressor site. All secondary containment must meet the requirements of § 15-42(a)(32).

         j.   In addition to the regulations set out above, line compressor sites located adjacent to residential zoning shall be required to meet the following standards.

            1.   The six-foot security fence constructed per § 15-43 shall be set back a minimum of ten feet from the property line of the residence and a minimum of 20 feet from the public right-of-way.

            2.   A ten-foot landscaped bufferyard along the entire length of the boundary line between any line compressor site and the residential zoning shall be required and maintained. The bufferyard shall consist of an open space of grass and other landscaping that screens or blocks vision, noise pollutants and other negative by products. The bufferyard shall be required even when an alley is located between the line compressor site and the residential zoning.

            3.   A minimum 20-foot landscaped bufferyard shall be required along all street frontages across the street from residential zoning to screen the view of the property from the public rights-of-way.

            4.   A minimum of one three-inch caliper large canopy tree, as defined in Chapter 6 of the zoning article, with a mature height of 25 feet shall be required every 40 feet and screening shall be provided using hedges, berms or mass planting to a height of not less than 24 inches with live groundcover.

            5.   The bufferyard is intended to serve as a buffer between the compressor station and the residential zoned property. Structures and equipment or any type of storage shall not be permitted in the bufferyard.

      (4)   Gas line compressor site in PD zoning districts - setback waiver process.

         a.   A request for a setback waiver for a line compressor site within 1,000 feet of a protected use shall be submitted to the director of planning and development gas well division.

         b.   A line compressor site shall not be allowed within 1,000 feet of a protected use in a PD zoning district without a:

            1.   Waiver granted by the city council; or

            2.   Written notarized waivers granted by 100% of the protected use property owners within a 1,000-foot radius around the proposed line compressor site pursuant to this section. All waivers must identify the property address, block and lot number, subdivision name (if applicable) and plat volume and page and be filed, at the expense of the line compressor operator, in the applicable county records prior to the application of a line compressor site.

            3.   This setback distance may be reduced, but never less than 600 feet from a protected use.

            4.   This provision applies to any existing protected use or where a building permit has been issued or applied for a protected use on the date the application for a line compressor site is filed with the inspector.

         c.   Permitting procedure for request of a waiver by the city council.

            1.   After a line compressor site permit application and waiver request are submitted for a line compressor site within 1,000 feet of a protected use, the inspector shall schedule a review of the permit by the GDRC. Notice provisions for the GDRC and its reporting requirements are provided for under § 15-34(p).

            2.   At least 20 days, and no more than 30 days prior to the date of the public hearing before the city council for a waiver to allow the issuance of a line compressor site within 1,000 feet of a protected use, the city shall notify, at line compressor operator’s expense, each surface owner of property, as shown by the current City of Fort Worth fire department address system and the current tax rolls within 1,000 feet of the proposed line compressor site of the hearing date and time. The notice shall contain an internet link for information on gas drilling, and contact telephone numbers for city staff and the line compressor operator/applicant. Such notice shall be deposited properly addressed and postage paid, in the United States mail. Notice shall be sent by the city to all registered neighborhood associations within one-half mile of the proposed line compressor site.

            3.   At least 15 days, and no more than 20 days prior to the date of the public hearing before city council to allow the issuance of a line compressor site permit within 1,000 feet of a protected use under this article, the line compressor operator shall publish a notice at line compressor operator’s expense, in one issue of the local section of a newspaper of general circulation in the city, for ten consecutive days. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application and will be prima facie evidence of such publication. All notices shall follow a format required by the city.

            4.   At least 20 days prior to the date of the public hearing before city council to allow the issuance of a line compressor site permit within 1,000 feet of a protected use under this article the line compressor operator shall, at the line compressor operator’s expense, erect at least one sign, as approved by the inspector, no less than three feet by three feet, upon the premises upon which a line compressor site waiver within 1,000 feet of a protected use has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest to any right-of-way, street, roadway or public thoroughfare adjacent to such property. The inspector may require additional signage if the premise fronts on more than one right-of-way, street, roadway or public thoroughfare.

               i.   The sign(s) shall substantially indicate that a line compressor site waiver to allow issuance of a line compressor site within 1,000 feet of a protected use has been requested and state the date, time and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the line compressor operator/applicant at the number indicated on the sign.

               ii.   The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this article.

               iii.   Any sign(s) shall be removed as soon as possible subsequent to final action by the inspector or the city council.

            5.   All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.

            6.   Before the city council considers the waiver request, the line compressor operator/applicant shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, and that the line compressor operator/applicant has otherwise complied with or satisfied all other requirements of this article, including full and complete compliance with the insurance and security requirements.

            7.   The burden of proof on all matters, except notice, considered in the hearing shall be upon the line compressor operator/applicant.

            8.   The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant a waiver and authorize the issuance of a line compressor site permit within 1,000 feet of a protected use:

               i.   Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located thereon;

               ii.   Whether the line compressor site would conflict with the orderly growth and development of the city;

               iii.   Whether there are other alternative line compressor site locations available;

               iv.   Whether there is approved access for the city fire personnel and fire fighting equipment;

               v.   Whether there is reasonable access to the line compressor site that minimizes the impact to residential properties if the use of non-designated commercial or truck routes are required; and

               vi.   The recommendations of the Inspector and zoning commission.

            9.   The city council may require an increase up to 1,000 feet in the line compressor operator/applicant’s proposed distance that the line compressor site is to be set back from any protected use or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in this section and § 15-43 of this article, including fencing, screening, lighting, delivery times, noise levels, tank height or any other matters reasonably required by public interest.

            10.   The city council may accept, reject or modify the application in the interest of securing compliance with this article and the City Code.

         d.   Permitting procedure for a waiver from protected use property owners under division (d)(4)b.2. above.

            1.   No application for a line compressor site within 1,000 feet of a protected use shall be accepted unless the written notarized waivers are obtained from 100% of the protected use property owners within 1,000 feet of the proposed line compressor site.

            2.   Waivers must be in a format approved by the city and shall include an aerial exhibit attached clearly depicting the area of a proposed line compressor site with the closest dimension to the protected use for which the waiver is being requested. Signatures are required on both the form and exhibit. The waiver form will be double sided and printed in both Spanish and English allowing the property owner to execute the waiver in their language of choice.

            3.   Written notarized waivers granted by the all the protected use property owners within a 1,000-foot radius around the proposed line compressor site must be filed, at the expense of the line compressor operator, in the applicable county records. All waivers must identify the property address, block and lot number, subdivision name and plat volume and page number. Copies of filed protected use property owner waivers must be submitted with the filing of a completed application for a line compressor site waiver within 1,000 feet of a protected use.

      (5)   Existing line compressor sites - grandfathering process.

         a.   Existing line compressor sites within city limits. Line compressor operators shall notify the inspector of existing line compressor sites within 45 days of the effective date of the ordinance adopting this regulation in order to designate those sites as “grandfathered” to prior ordinance requirements. Notification shall include a surveyed site plan that clearly describes the boundary of the line compressor site and location of equipment and buildings within the site. All protected uses within 600 feet of the site perimeter shall be shown and dimensioned from the site boundary. Setbacks to a protected use of 600 feet from the site boundary must be met.

            1.   Line compressor sites permitted or built prior to February 3, 2009 shall submit a noise management plan that demonstrates compliance with noise requirements for industrial zoning. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient (requirement) for that location (measured at the property line of the noise creator).

            2.   Line compressor sites permitted or built on or after February 3, 2009 shall verify that a noise management plan that is in compliance with this section, as amended, is on file with the Inspector.

         b.   Annexed sites. Compressor operators shall notify the inspector of existing line compressor sites within 45 days of annexation. Notification shall include a surveyed site plan that clearly describes the boundary of the line compressor site and location of equipment and buildings within the site. All protected uses within 600 feet of the site perimeter shall be shown and dimensioned from the site boundary. Sites shall adhere to the noise requirements for industrial zoning districts. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient (requirement) for that location (measured at the property line of the noise creator).

(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 18910-2009, § 4, passed 11-10-2009; Ord. 19022-02-2010, § 1, passed 2-2-2010; Ord. 20166-04-2012, § 2, passed 4-10-2012; Ord. 20927-09-2013, §§ 5, 6, 7, 8, 9, passed 9-10-2013; eff. 9-20-2013; Ord. 22420-09-2016, § 1, passed 9-13-2016, eff. 9-20-2016)

§ 15-43 FENCES AND LANDSCAPING.

   (a)   Fences. All pad sites and off-site fracture ponds shall be secured with a permanent fence with a secured gate and Knox box as follows:

      (1)   The fence shall be at least six feet in height;

      (2)   Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence; provided, however, so long as stability of the fence is maintained, temporary fence posts shall not be required to be set in concrete;

      (3)   The site shall be completely enclosed by a permanent dark green or black steel chain link or wrought iron fence on at least two sides of the pad site, one of which will face the city’s right-of-way, if applicable. A solid masonry fence may be constructed on the remaining two sides of the pad site;

      (4)   The chain link fence shall have a minimum thickness of 11 gauge;

      (5)   Posts and rails shall be standard black or dark green welded pipe;

      (6)   Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have a minimum thickness of one-fourth by three-fourths inch; and

      (7)   Fences shall not be required on drill sites during initial drilling, completion or re-working operations as long as 24-hour onsite supervision is provided. A secured entrance gate on the access road containing a Knox box shall be required and all gates are to be kept locked when the operator or his or her employees are not on the premises.

   (b)   Gate specifications. All chain link fences shall be equipped with at least one gate. The gate shall meet the following specifications:

      (1)   Each gate shall be not less than 12 feet wide and be composed of two gates, each of which is not less than six feet wide, or one sliding gate not less than 12 feet wide. If two gates are used, gates shall latch and lock in the center of the span;

      (2)   The gates shall be of black or dark green chain link construction that meets the applicable specifications, or of other approved material that are at least as secure as a chain link fence and shall be included in the chain link or wrought iron portion of the fence;

      (3)   The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site;

      (4)   Gates shall be designed so that they do not interfere or obstruct the public rights- of-way; and

      (5)   Operator must provide the fire chief with a “Knox Padlock” or “Knox Box with a key” to access the well site to be used only in case of an emergency.

   (c)   Landscaping.

      (1)   a.   All gas well, compressor and fracture pond permits will require tree preservation and/or planting measures. A tree canopy requirement through preservation and/or planting will apply as follows:

            1.   A 40% requirement in one- and two-family residential zoned areas;

            2.   A 30% tree canopy requirement in multifamily, institutional and commercial zoned areas; and

            3.   A 20% tree canopy requirement in industrial zoned areas.

         b.   Payment to the tree fund of $200 per diameter inch will be required for 25% of the removed trees greater than six inches on pad sites located in Agricultural (AG) zoned areas. The operator may chose to plant a 20% tree canopy in lieu of payment into the tree fund.

         c.   The following requirements shall apply to all wells, including wells located along city rights-of-way. Wells located in Agricultural (AG) zoned areas are exempted from the requirements:

            1.   A minimum retention of 25% of the existing trees will be required as with other land uses unless removal necessary for location of equipment as determined by the gas inspector;

            2.   No more than 25% of the same species may be planted at one site;

            3.   A minimum of 25% of the planted trees must be an evergreen species;

            4.   A minimum of 75% of the planted trees must be located between the gas well site and protected uses or public right-of-way. An administrative waiver of the 75% placement can be approved by the city forester with proof that the proposed planting will screen the views into the well site from the protected uses;

            5.   The percent coverage is established by the actual canopy coverage area retained and tree plantings. For planted trees, 2,000 square feet will be credited for large canopy trees, 700 square feet will be credited for medium canopy trees and 100 square feet will be credited for small canopy trees at normal grow out;

            6.   The minimum size of tree planted will be three inches in diameter measured one foot above ground level. If the tree is multi trunk, the main stem will be given full credit for its diameter and all other stems will receive one-half credit. The total of all must be three inches or greater. All planted trees will be credited its canopy coverage at normal grow out;

            7.   All trees that die within two years of the date of project completion will be replaced by another replacement tree. The replacement tree carries the same two-year replacement requirement. A replacement of any tree that dies within two years of planting will be replaced by the operator or agent and a new two year guarantee will begin at the time of replacement;

            8.   All other interpretations of the tree canopy coverage and regulations will be made by the city forester and/or the designated city board or commission; and

            9.   Landscaping shall be installed no later than 180 days after completion of the first well.

      (2)   Except as allowed in subsection (c)(3) below, fracture ponds established for the intent of storing and supplying water for fracturing operations are required to comply with the city’s tree preservation article. The document shall identify the

delineated scope of work area of any surface disruption related to the “fracture pond” installation, operations and shall exhibit any existing tree canopy coverage based on the applicable zoning classification.

      (3)   Upon approval of the assistant director of planning and development - gas well division, payment may be made into the city’s tree fund at an amount of $600 per required tree in lieu of planting requirements for gas well sites and fracture ponds.

      (4)   The following list of trees is considered desirable and adapted trees for the Fort Worth area. Planting of trees from this list is acceptable. Other trees will be considered by the city forester and granted on a case-by-case basis. The approval of additional species will be judged on adaptability, long-term health and growing characteristic of the tree type.

Common Name	Scientific Name	Canopy Size
Mexican Plum	Prunus mexicana	Small
Redbud	Cercis Canadensis	Small
Bradford Pear	Pyrus calleryana var. Bradford	Medium
Cherry Laurel	Prunus caroliniana	Medium
Crab Apple	Malus angustifolia	Medium
Eve’s Necklace	Sophora affinis	Medium
Golden Raintree	Koelrueteria paniculata	Medium
American Elm	Ulmas americana	Large
Bald Cypress	Taxodium distichum	Large
Bigtooth Maple	Acer grandidentatum	Large
Black Walnut	Carya nigra	Large
Blackjack Oak	Quercus marilandica	Large
Bur Oak	Quercus macrocarpa	Large
Cado Maple	Acer saccharum	Large
Cedar Elm	Ulmas crassifolia	Large
Chinquapin Oak	Quercus muhlenbergii	Large
Green Ash	Fraxinus pennsylvanica	Large
Lacebark Elm	Ulmas parvifolia	Large
Live Oak	Quercus virginiana	Large
Pecan	Carya Illinoensis	Large
Post oak	Quercus stallata	Large
Red Maple	Acer rubrum	Large
Shumard Red Oak	Quercus shumardii	Large
Southern Magnolia	Magnolia grandiflora	Large
Texas Ash	Fraxinus	Large
Texas Red Oak	Quercus texana	Large

 

(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)

§ 15-44 CLEANUP AND MAINTENANCE.

   (a)   Cleanup after well servicing. After the well has been completed or plugged and abandoned, the operator shall clean the site, complete restoration activities and repair all damage to public property caused by such operations within 60 days.

   (b)   Clean-up 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 fire chief and the gas inspector all waste materials from any public or private property affected by such spill, leak or malfunction. Clean-up operations must begin immediately. If the owner fails to begin site clean-up immediately the gas inspector may then employ any cleanup expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material which the gas inspector deems necessary to clean-up such spill, leak or malfunction.

   (c)   Free from debris. The public street entrance and property on which a well site is located shall at all times be kept free of mud, debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material within a radius of 100 feet around any separators, tanks and producing wells.

   (d)   Painting. All production equipment shall be painted and maintained at all times, including wellheads, pumping units, tanks, secondary containment and buildings or structures. When requiring painting of such facilities, the gas inspector shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand and unobtrusive shades of black or dark green. No company logos or advertisement shall be allowed.

   (e)   Blowouts. In the event of the loss of control of any well, operator shall immediately take all reasonable steps to regain control regardless of any other provision of this article and shall notify the gas inspector as soon as practicable. The gas inspector shall certify in writing, briefly describing the same, to the city manager. If the gas inspector, in his or her opinion, believes that danger to persons and property exists because of such 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 gas inspector 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 which the gas inspector deems necessary to regain control of such well. The city shall then have a valid lien against the interest in the well of all working interest owners to secure payment of any expenditure made by the city pursuant to such action of the gas inspector in gaining control of said well.

(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)

§ 15-45 PLUGGED AND ABANDONED WELLS.

   (a)   Surface requirements for plugged and abandoned well. Whenever abandonment occurs pursuant to the requirements of the commission, the operator abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this article.

   (b)   Abandonment.

      (1)   Abandonment shall be approved by the gas inspector after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the gas inspector:

         a.   The derrick and all appurtenant equipment thereto shall be removed from drill site;

         b.   All tanks, towers and other surface installations shall be removed from the drill site;

         c.   All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the commission;

         d.   All holes and depressions shall be filled with clean, compactible soil;

         e.   All waste, refuse or waste material shall be removed from the drill site; and

         f.   During abandonment, operator shall comply with all applicable sections in this article.

      (2)   A five-foot no-build easement around the center of the plugged and abandoned well bore shall be required and recorded in the applicable county deed records.

   (c)   Abandoned well requirement.

      (1)   The operator shall furnish the following to the gas inspector:

         a.   A copy of the W-3A “Notice of Intention to Plug and Abandon” and “W-3 Plugging Record” forms on the same date these forms are submitted to the commission; and

         b.   A 48-hour notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.

      (2)   All wells shall be abandoned in accordance with the rules of the commission; however, all well casings and cellars shall be cut and removed to a depth of at least three feet below the surface. A permanent abandonment marker pipe, with the well identity and location permanently inscribed, shall be welded to the casing and shall be at least four inches in diameter with a length of four feet visible above the ground level.

   (d)   Surface reclamation plan requirements.

      (1)   Each operator must submit as part of the gas well permit application a surface reclamation plan that must include information outlined in this subsection (d), in the degree of detail necessary to demonstrate that full site reclamation can be accomplished.

      (2)   The reclamation plan must include:

         a.   Measures to be taken to restore property to allow use under the city comprehensive plan;

         b.   The control of surface water drainage and of water accumulation and measures to be taken during the reclamation process to provide for the protection of the quantity and quality of surface and groundwater systems;

         c.   Cleaning up polluted surface and ground water;

         d.   Backfilling, soil stabilization, compacting, grading and appropriate re-vegetation;

         e.   Soil reconstructions, replacement and stabilization;

         f.   Configuration of the reshaped topography;

         g.   Waste disposal;

         h.   A plan for re-vegetation of affected lands;

         i.   Road reclamation; and

         j.   Other practices necessary to ensure all disturbed areas will be reclaimed.

   (e)   Abandonment requirements prior to new construction. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the commission and this article prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well.

(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)

DIVISION VIII: PIPELINES

§ 15-46 OIL AND GAS PIPELINES TECHNICAL AND PERMITTING REGULATIONS.

   (a)   General regulations.

      (1)   As determined in the sole, but reasonable, discretion of the city, pipelines may not interfere with or damage existing utilities, including but not limited to: water, sewer or gas lines, storm drains, electric lines or the facilities of any public utilities located in public rights-of-way, utility easements or other city-owned property or in private residential areas.

      (2)   The pipeline operator shall be required to comply with all regulations regarding noise in § 15-42(b) of this article.

      (3)   The pipeline operator shall be responsible to grade, level and restore the property affected by pipeline construction to the same surface condition, as nearly practicable, as existed before operations were first commenced within 30 days after completion of the pipeline.

      (4)   The pipeline operator shall construct, repair and/or maintain all pipelines so as to meet or exceed the applicable minimum criteria established by the statutory or regulatory requirements of the state and federal governments for such pipeline.

      (5)   At least ten days prior to the commencement of any pipeline construction, the pipeline operator shall give written mailed notice to all residents, tenants and property owners that are located adjacent to the proposed pipeline. The mailing shall include the operator’s publication on pipeline safety.

      (6)   At the time the required pipeline records are submitted to the railroad commission, the pipeline operator shall provide the city the following information, including GPS information sufficient to locate the pipelines in the future, including the beginning and end points of the pipeline and sufficient points in between the pipeline route and the depth of cover information. This information shall be submitted to the city in a format compatible with the city’s own GIS system.

         a.   As-built or record drawings of the pipelines. Accuracy of the record drawings shall meet a survey level of one foot to 50,000 feet. The scale of the record drawings shall be a minimum of one inch to 40 feet. The drawings shall also be supplied in a DFF digital file format with the location tied to at least one nearby GPS (global positioning system) city monument. If the new pipeline length exceeds 1,000 feet within the city, the pipeline shall be tied to at least two GPS city monuments;

         b.   The origin point and the destination of the pipeline;

         c.   The substance to be transported;

         d.   A copy of the substance material safety data sheet (MSDS);

         e.   Engineering plans, drawings and/or maps with summarized specifications showing the horizontal location, covering depths and location of shutoff valves of the subject pipeline. Drawings shall show the location of other pipelines and utilities that are crossed or paralleled within 15 feet of the pipeline right-of-way;

         f.   Detailed cross-section drawings for all public rights-of-ways and easement crossings on city property as permitted by the city; and

         g.   A list of the names and mailing addresses of all the property owners, residents and tenants adjacent to the pipeline construction.

      (7)   A pipeline operator that transports gas, oil, liquids or hydrocarbons through a pipeline located in the city shall be a member in good standing with the one call system or other approved excavation monitoring system as required by state law. The pipeline operator that transports gas, oil, liquids or hydrocarbons through a pipeline shall contract for service with the selected underground utility coordinating system for a minimum of five years unless there is an agreement to change to an alternate system between the city and the pipeline operator. Said pipeline operator shall maintain such services without interruption for the life of the pipeline permit and as required under this section.

      (8)   a.   At the time of permitting and each year thereafter that the pipeline remains active, each pipeline operator shall provide to the gas inspector, the fire marshal and the chief of police the names, mailing addresses and telephone numbers of at least two primary persons, officers or contacts available on a 24-hour basis and at least two alternative persons, officers or contacts to be reached in the event that the primary contacts are unavailable who:

            1.   Can initiate appropriate actions to respond to an emergency;

            2.   Have access to information on the location of the closest shutoff valve to any specific point in the city; and

            3.   Can furnish the common name of the material then being carried by the pipeline.

         b.   Any change in the above information must be provided to the city by contacting the gas inspector prior to such change.

      (9)   Each pipeline operator shall file a copy of all initial or follow-up reports provided to the U.S. Department of Transportation or the railroad commission of Texas on unsafe pipeline conditions, pipeline emergencies or pipeline incidents within the city concurrently with the city. In addition, such pipeline operator shall file any initial or follow-up reports filed with state and federal environmental regulatory agencies pertaining to pipeline releases within the city concurrently with the city.

      (10)   Every pipeline operator shall be required to file with the city an annual verified report in letter form on or before June 30 of each year to cover a reporting period of the previous June 1 through May 31. Said written report shall contain a statement that the pipeline has no outstanding safety violations within the City of Fort Worth as determined in an inspection or audit by either the railroad commission of Texas and/or the U.S. Department of Transportation with regard to any pipeline operating within the city. Alternatively, if there are any safety violations as determined by the railroad commission and/or the U.S. Department of Transportation that have not been corrected, these shall be described to the city with an action plan to correct the safety violations. Said action plan shall include a timeline for corrective action and the individual or firm responsible for each action.

   (b)   City regulated pipelines - permit required.

      (1)   City regulated pipelines shall adhere to all standards outlined in subsection (a) above. Federal and state statutory or regulatory requirements shall apply to pipelines between the well and the point of custody transfer. Prior to the transport of gas, oil, liquids or hydrocarbons, the operator shall provide to the city certification from a professional engineer registered with the State of Texas that the design and installation of the pipelines meet all state and federal requirements.

      (2)   Prior to pipeline construction and the issuance of notice required in subsection (a)(5) above, a pipeline operator shall obtain a pipeline permit from the city for all city regulated pipelines. Exceptions to this permitting requirement are those pipelines from the well to the first point of custody transfer and for construction necessary to respond to a pipeline emergency.

      (3)   At the same time the operator submits a gas well drilling permit application, the operator shall require the pipeline operator to submit a proposed pipeline route from the well bore to the transmission line, for all city regulated pipelines.

      (4)   The pipeline operator shall be required to submit an application for a pipeline permit to the city prior to making any offer or initiating any negotiation or action to acquire any easement or other property right to construct, install, maintain, repair, replace, modify, remove or operate a pipeline in private residential areas.

      (5)   The pipeline operator shall backfill all trenches and compact such trenches to 95% standard density proctor in eight-inch lifts and construct the Pipeline so as to maintain a minimum depth of ten feet below the finished grade except in public rights-of-way, where minimum cover to the top of the pipe shall be at the discretion of the city based on existing or planned utilities. During the backfill of any pipeline excavations in open cut sections, the pipeline operator shall bury “buried pipeline” warning tape one foot above any such pipeline to warn future excavators of the presence of a buried pipeline. The gas inspector may also require that a proposed or existing pipeline be relocated should it conflict with the proposed alignment and depth of a gravity dependent utility.

      (6)   The pipeline operator shall equip all city regulated pipelines with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, the pipeline operator may have 24- hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the city limits.

      (7)   Review by the gas drilling review committee for all proposed pipelines through private residential areas shall be required prior to the issuance of a permit for the commencement of pipeline construction.

      (8)   A pipeline permit application shall be required as follows:

         a.   Applications for a city regulated pipeline or other activities regulated by this subsection (b)(8) shall be submitted to the city in a form prescribed by the city.

         b.   Plans submitted with each application for a pipeline permit shall be in a format approved by the city showing the dimensions and locations of the pipeline and related items or facilities, as well as all proposed lift stations, pumps or other service structures related to such pipeline and the location, type and size of all existing utilities, drainage, Right-of-way and roadway improvements. The plans must additionally show the elevation and location of all known public utilities within 15 feet of the centerline of the proposed pipeline. Any application that fails to meet these requirements will be returned unfiled to the applicant.

         c.   The following information shall be provided in the application:

            1.   The name, business addresses and telephone numbers of the pipeline operator;

            2.   The names, titles and telephone numbers of the following:

               i.   The person signing the application on behalf of the pipeline operator;

               ii.   The person designated as the principal contact for the submittal; and

               iii.   The person designated as the 24 hour emergency contact.

            3.   The origin point and the destination of the proposed subject pipeline;

            4.   A text description of the general location of the proposed subject pipeline;

            5.   A description of the substance to be transported through the proposed subject pipeline;

            6.   A copy of the substance material safety data sheet (MSDS);

            7.   Engineering plans, drawings and/or maps with summarized specifications showing the horizontal location, covering depths and location of shutoff valves of the proposed subject pipeline. To the extent that information can be obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within 15 feet of the proposed subject pipeline right-of-way;

            8.   A description of the consideration given to matters of public safety and the avoidance, as far as practicable, of existing habitable structures and private residential areas;

            9.   Detailed cross section drawings for all public street right-of-way and easement crossings;

            10.   The proposed method or methods to be used for the installation of the pipeline;

            11.   Methods to be used to prevent both internal and external corrosion;

            12.   A binder or certificates of all bonds and insurance; and

            13.   A proposed alignment strip map showing name and address of all affected property owners.

   (c)   Gas drilling review committee.

      (1)   After the filing of an administratively complete application, the gas drilling review committee shall review all applications for pipelines located in a private residential area. For other pipeline locations, an administrative conference may be conducted to seek resolution of any substantive, non-resolvable technical issues. If deemed necessary by the city, a third-party technical advisor may be employed as set out in § 15-48. The costs associated with the technical advisor shall be borne by the pipeline operator. Any recommendation by the gas drilling review committee to the planning and development department - gas well division is final.

      (2)   If the gas drilling review committee determines that the city should obtain an independent study or analysis of an application to construct a new pipeline, upon approval by the city council, the city shall engage duly qualified independent consultant(s) or contractor(s) to conduct such special studies or analyses as required to fully evaluate and act upon an application for a new pipeline as set forth in § 15-48. The actual cost for said consultant or contractor, including the cost of any inspections deemed necessary by the gas drilling review committee or otherwise required, shall be paid by the pipeline operator.

   (d)   Pipeline information reporting requirements. If the pipeline operator has no reporting responsibility to the railroad commission or the U.S. Department of Transportation and is otherwise exempt from the safety regulations of either of such agencies, the following documents pertaining to the preceding reporting period of June 1 through May 31 shall be furnished to the city:

      (1)   Copies of internal reports of responses to pipeline emergencies;

      (2)   Current operations and maintenance logs; and

      (3)   Current emergency response plan.

   (e)   Abandoned pipelines.

      (1)   All pipelines shall be maintained in an active condition unless abandoned according to applicable state and federal regulations. The pipeline operator shall notify the city within 30 days of abandonment of any pipeline.

      (2)   Reactivation of abandoned pipelines shall require notification to the city pursuant to the standards and requirements specified in § 15-46. Reactivation shall require pressure testing for integrity and compliance with railroad commission and/or United States Department of Transportation regulations.

   (f)   Emergency response plans and emergency incident reporting.

      (1)   Each pipeline operator shall maintain written procedures to minimize the hazards resulting from an emergency. These procedures shall at a minimum provide for the following:

         a.   Prompt and effective response to emergencies, including but not limited to the following:

            1.   Leaks or releases that can impact public health safety or welfare;

            2.   Fire or explosions at or in the vicinity of a pipeline or pipeline easement;

            3.   Natural disaster;

            4.   Effective means to notify and communicate required and pertinent information to local fire, police and public officials during an emergency;

            5.   The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency;

            6.   Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment;

            7.   Emergency shut down and pressure reduction of a pipeline;

            8.   The safe restoration of service following an emergency or incident; and

            9.   A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures.

      (2)   Upon discovery of a pipeline emergency or incident, any affected pipeline operator shall as soon as practical communicate to the city’s 911 system the following information:

         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 pipeline 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.

   (g)   Pipeline repairs and maintenance.

      (1)   All repairs and maintenance of pipelines are to be performed in accordance with U.S. Department of Transportation and railroad commission mechanical integrity requirements.

      (2)   If non-emergency repairs necessitate excavation of a pipeline, the pipeline operator shall send notification to occupants of business establishments and residential dwellings located adjacent to the pipeline to be excavated at least five days prior to commencing such repairs.

      (3)   If above-ground non-emergency repairs that are not routine maintenance are required, the pipeline operator shall send notification to occupants of businesses and residential dwellings located within 500 feet from the centerline of the pipeline section to be repaired at least five days prior to commencing such repairs.

      (4)   The notice required in subsections (g)(2) and (g)(3) of this section shall be sent by United States regular mail, postage prepaid mailed at least five days prior to commencing any non-emergency repair; provided, however, that the pipeline operator may use hand delivery notice as an alternative, at the pipeline operator’s discretion.

      (5)   Inspection of the interior of all regulated pipelines shall comply with United States Department of Transportation and railroad commission rules.

   (h)   Protection and painting of structures. A pipeline operator shall keep protected and painted all pipeline risers and all appurtenances related to pipeline construction and operations which are composed of materials which are generally protected or painted. Such operator shall repaint all such items at sufficiently frequent intervals to maintain same in good condition. It shall be a violation of this article for any pipeline operator to permit any pipeline riser and/or appurtenances related to pipeline construction and operations to be in a state of disrepair or to have chipped, peeling or unpainted portions.

   (i)   No implied grant of use of public rights-of-way, utility easements or other city- owned property. Nothing in this subsection (i) grants permission for the use of any street, public rights-of-way, utility easements or city-owned property. In the event a pipeline operator wishes to undertake any pipeline construction on, over, under, along or across any public rights-of-way, utility easements or other city-owned property, the pipeline operator shall apply for and execute a written agreement with the city governing the terms and conditions for such use; obtain all required permits and comply with any other applicable provisions of the city code.

   (j)   Expiration of pipeline permit. If construction of a pipeline has not commenced within one year of the date of issuance of the pipeline permit, or if the pipeline has not been completed and the surface restored within two years, the pipeline permit shall expire; provided, however, that the director of planning and development services may grant an extension of time not to exceed an additional one year if the director of planning and development services determines that weather or other unexpected physical conditions justify such an extension.

   (k)   No assumption of responsibility by city. Nothing in this subsection (k) shall be construed as an assumption by the city of any responsibility of a pipeline operator of a pipeline not owned by the city.

   (l)   Responsibility of owner and pipeline operator. It is the joint and several responsibility of the owner and the pipeline operator of any and all pipeline to maintain the markers in accordance with this article. The location of all new or replacement pipe and pipelines shall be marked by the owner(s) thereof or by the person installing or operating such pipelines as follows.

      (1)   Marker signs shall be placed at all locations where pipe or pipelines cross property boundary lines and at each side of a public street or road right-of-way which the pipe or pipeline crosses.

      (2)   The top of all marker signs shall be a minimum of four feet above ground level, and the support post must be sufficient to support the marker sign and shall be painted yellow or such other color as may be approved by the director of transportation and public works or his or her designee.

      (3)   All marker signs shall be a minimum of 12 inches square and shall be marked as “gas pipe line.”

      (4)   All marker signs shall contain the name of the owner and operator of the pipeline and a 24-hour local contact number.

      (5)   Pipelines shall be marked along there entire length with a buried metal wire and metallic flag tape.

      (6)   All signs shall also contain an 811 designation “Call Before You Dig” statement.

      (7)   The pipeline operator shall annually replace signage that has been lost, damaged or removed.

   (m)   Public awareness information. Annually, all pipeline operators will provide affected landowners, public official and emergency providers with appropriate public awareness information as outlined in API 1162.

(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)

§ 15-47 SALT WATER PIPELINES.

   (a)   All references in this section to PIPE or PIPELINES shall mean salt water pipelines.

   (b)   No pipeline for the transportation of saltwater shall be constructed, installed, maintained, repaired, replaced, modified, removed or operated within the city without first obtaining a pipeline permit from the city.

   (c)   Salt water pipe shall be installed beneath all city utilities, no seams shall be allowed within city right-of-way and minimum cover to the top of the pipe shall be at the discretion of the city based on existing or planned utilities. The pipeline crossings must pass through a casing of a design and constructed in accordance with the United States Department of Transportation standards set forth in 49 C.F.R. § 192.323 (Casing) as same exists on the date of the adoption of this article.

   (d)   All infrastructure included under this section shall be designed and sealed by a registered professional engineer in the State of Texas.

   (e)   (1)   All new or replacement pipe or pipelines shall be installed in such a manner that the pipelines clear the lowest city utility by a minimum of five feet. In areas where no city utilities are present, pipelines shall be covered and must be not less than 36 inches below the existing ground level as verified and approved by the inspector. Prior to installation, the owner of the pipeline shall submit to the director of planning and development and the gas inspector the pipeline design criteria, including but not limited to, operating pressures, pipeline gradient and elevation to sea level, location, pipe ASTM grade, pipe manufacturer, pipe wall thickness, pipeline capacity and volume. Prior to and subsequent to installation of each segment of new or replacement pipeline, the pipe and pipeline must receive and pass an on-site inspection of the compliance with design criteria and the process of installation. The design submittal must be signed and sealed by a professional engineer registered in the State of Texas.

      (2)   The depth requirements in this subsection (d) shall not apply to piping constructed or installed within the secondary containment perimeter of the tank battery, which piping may be placed at ground level.

   (f)   Pipe location information shall be provided to the city in an electronic format acceptable to the director of planning and development.

   (g)   It is the joint and several responsibility of the owner and the operator of any and all pipeline to maintain the markers in accordance with this article. The location of all new or replacement pipe and pipelines shall be marked by the owner(s) thereof or by the person installing or operating such pipelines as follows.

      (1)   Marker signs shall be placed at all locations where pipe or pipelines cross property boundary lines and at each side of a public street or road right-of-way which the pipe or pipeline crosses.

      (2)   The top of all marker signs shall be a minimum of four feet above ground level, and the support post must be sufficient to support the marker sign and shall be painted yellow or such other color as may be approved by the director of transportation and public works or his or her designee.

      (3)   All marker signs shall be a minimum of twelve (12) inches square and shall be marked as “S.W. Pipe Line.”

      (4)   All marker signs shall contain the name of the owner and operator of the pipeline and a 24-hour local contact number.

      (5)   Pipelines shall be marked along their entire length with a buried metal wire and metallic flag tape.

      (6)   The pipeline operator shall annually replace signage that has been lost, damaged or removed.

   (h)   General pipeline design requirements. All infrastructure included under this memorandum shall be designed and sealed by a registered professional engineer in the State of Texas and all pipelines shall:

      (1)   Have a maximum inside diameter of 12 inches;

      (2)   Consist of material approved by the city; and

      (3)   Be monitored by a SCADA system that allows shutdown via automatic valves spaced at each well head, major pipeline junctions, at the influent and effluent of the recycling unit(s), and prior to ultimate disposal.

(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)