§ 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)

DIVISION IX: TECHNICAL ADVISOR

§ 15-48 TECHNICAL ADVISOR.

   The city may from time to time employ a technical advisor or advisors who are experienced and educated in the gas industry or the law as it pertains to gas matters. The function of such advisor(s) shall be to advise, counsel or represent the city on such matters relating to gas operations within the city as the city may want or require and the effect thereof, both present and future, on the health, welfare, comfort of the citizens of the city. In the event such technical advisor(s) is employed for the purpose of advising, counseling or representing the city relative to an operator’s unique and particular set of circumstances, case or request relating to this article, then the cost for such services of such technical advisor(s) shall be assessed against and paid for by such operator in addition to any fees or charges assessed pursuant to this article. Prior to the employment of a technical advisor, the city shall inform the operator of the intended scope of work and the estimated costs and expenses. The employment of a technical advisor shall be approved by the city council.

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

DIVISION X: APPEALS