Any person who has a permit to drill for oil and gas within the Village of Gates Mills which has been issued by any Department of the State of Ohio (“Permit Holder”) shall adhere to the following regulations:
(a) A copy of the state issued permit shall be filed by the Permit Holder with the Fire Chief and Building Official not less than fourteen (14) days before the commencement of any operations preparatory to drilling in the Village. A copy of such permit shall also be delivered to all owners and/or occupants of all properties which adjoin the property where a well is to be drilled, with proof and date of such delivery furnished to the Fire Chief and Building Official by the Permit Holder not less than fourteen (14) days before commencement of any operations preparatory to drilling in the Village. The Permit Holder shall check with the Building Official prior to delivery to adjacent property owners/occupants to obtain information of the Village as to the identity of the individuals to receive the notice and permit.
(b) With a copy of the permit, a letter will be filed with the Fire Chief which identifies the owner(s) of the subject property where the well is to be drilled by name and address, and identifies all persons, including but not limited to the Permit Holder, who are responsible for the drilling and operation of the well. The identification shall include, at a minimum, names, addresses and work telephone numbers which shall be valid twenty-four (24) hours a day.
(c) Plans for all wells, tank batteries (including tank dimensions and gas meter types), all excavation work (including but not limited to boring pits), fencing heights and type and site landscaping plans shall be presented to the Fire Chief not less than fourteen (14) days prior to the commencement of any drilling or other operations. These plans shall show the topography of the site and of all vehicular access to the site from any public right-of-way.
(d) Plans showing all buildings on the subject premises, and all buildings within five hundred (500) feet of the well and tank sites, shall be provided.
(e) No well may be drilled, or tank batteries located, in any location where emergency vehicles (e.g., fire trucks and ambulances) cannot obtain reasonable access to the site.
(f) No well is allowed to be drilled within any distance of any structure or facility (e.g., playground) which, based upon the specific facts and circumstances surrounding such structure or facility, creates a threat to the health, safety and welfare of said structure or facilities or occupants or users thereof.
(g) Proof of insurance shall be filed with the Fire Chief, prior to the commencement of drilling. The proof of insurance must establish that the Permit Holder is insured by a solvent insurer, licensed to do business in the State of Ohio, with limits of $3,000,000.00 per occurrence for personal injury and property damage. The amount of such insurance shall be reviewed by the Village every five (5) years and may be adjusted based on inflationary increases. The Village shall be an additional named insured on the insurance policy.
(h) Emergency contact information for all persons engaged in drilling and operating the well shall be filed with the Fire Chief prior to the commencement of drilling. Such information shall be immediately updated upon any change of circumstance.
(i) Within thirty (30) days after drilling operations have been completed, the Permit Holder shall do all of the following:
(1) Fill all bore pits with clean fill dirt, and restore the grade of the site to its previous elevation;
(2) Seed all disturbed sites with grass or other vegetative ground cover, and ensure such ground cover becomes established; and
(3) Notify the Building Official that the site has been restored pursuant to the terms of this paragraph. The Building Official shall inspect the site within five (5) days of the notification.
(j) At all times relative to the drilling, operation and capping of the well, the well and all tank facilities shall be secured from public access by sufficient fencing. The sufficiency of the fencing shall be determined by the Building Official.
(k) Within thirty (30) days after the drilling operations have been completed and the site restored, the Permit Holder shall plant sufficient vegetation which, in conjunction with any fencing and natural vegetation, shall effectively and permanently screen all above-ground facilities (including well head and tank locations) for both summer and winter conditions from all neighbors and from all public and private rights-of-way while such facilities are on the subject premises for the life of the well. The Building Official shall determine the sufficiency of the screening and may order the Permit Holder to plant more vegetation.
(l) The Permit Holder shall give the Fire Chief at least forty-eight (48) hours notice before commencing to drill.
(m) A cash bond, performance bond or escrow account of five thousand dollars ($5,000.00) per well shall be filed with the Building Official to ensure sufficient securing and screening of facilities, as provided herein, and the removal of all equipment and the restoration of the site after the well is drilled. The Municipality shall return the bond upon the restoration of the site after the well has been drilled and all equipment has been removed and all the terms of this Chapter 1513 have been complied with. Any expenses the Village incurs as a result of the drilling including engineering, legal, repair of streets, sidewalks, curbing, tree lawns or berms within the Village shall be withheld from the deposit. The amount of the bond shall be reviewed every five (5) years and may be increased based on inflationary increases.
(n) Notwithstanding Section 1315.13 of the Building and Housing Code, drilling operations may occur twenty-four hours per day until the permitted depth is reached.
(o) It shall be a violation of this section for a Permit Holder to violate the terms and conditions of the state issued permit.
(p) The Fire Chief or his designee shall, within two (2) business days of receipt of the plans pursuant to subsection (c) hereof, review said plans and immediately advise the Permit Holder if anything shown on the plans does not comply with the regulations set forth herein. In the event that any Permit Holder fails to comply with the regulations herein promulgated, the administrative official responsible for the enforcement hereof (i.e., the Building Official or Fire Chief, as designated herein), shall provide written notice to the owner of the property and the Permit Holder within forty-eight (48) hours of the discovery of such failure to comply. Such service shall be made to the addresses identified in paragraph (b) hereof, and if no address has been provided, to any address identified on the permit issued by the State of Ohio. The notice shall advise the owner and the Permit Holder that if they wish to appeal the decision of the administrative official, the time for appeal is five (5) days after service of the notice. (Ord. 2006-07. Passed 2-14-06.)
(q) The Permit Holder shall be responsible for filing a monthly Inspection Report for the wellhead and tank battery. The Inspection Report shall be submitted to the Fire Department. The Inspection Report shall address repairs completed and any incidents or emergencies during the month.
(r) The Permit Holder shall be responsible for providing an employee/contractor (“Pumper”) who will be responsible for the oil and gas well. The Pumper shall be qualified and responsible for maintaining the well and to take whatever action(s) necessary to mitigate any hazardous condition.
(s) Upon receiving notice that a safety issue has been detected at the Permit Holder’s well, the Permit Holder or its Pumper shall respond. The maximum acceptable response time (as defined by the Fire Department) is thirty (30) minutes. Response time is defined as the elapsed time between notification of the Permit Holder (per section (h)) that a problem exists and the Pumper’s arrival at the well site. The Fire Department has the authority to shutdown the well.
(t) The Fire Chief is responsible for primary coordination in emergency situation(s) per Ohio Revised Code 3737.80.
(u) The Permit Holder shall install “hold-open” latches on all wellhead and tank battery enclosures.
(v) The Permit Holder grants “Right of Entry” to any facility to the Fire Department for any purpose. (Ord. 2009-15. Passed 7-14-09; Ord. 2014-03. Passed 4-8-14.)
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