(A) Every application for a permit issued pursuant to this chapter shall be in writing signed by the operator, or some person duly authorized to sign on his or her behalf, and filed with the Town Administrator. A total of eight copies of the application shall be submitted with at least three copies in a three-ring binder. The application should include a table of contents and be tabbed to indicate the different sections of the application as listed in table of contents.
(B) (1) Every application shall be accompanied by a non-refundable permit fee. The permit fee shall be set by resolution of the Lakeside City Council, as amended from time to time, and the most current resolution is incorporated herein for all purposes.
(2) The town, at its sole discretion, may elect to utilize a qualified third party to conduct any inspections required by this chapter, or for annual inspections or reviews or in response to complaints that require professional consultation or field sampling activities.
(3) Any fee charges by any and all third party inspectors, laboratories or professional consultants shall be the responsibility of the operator and shall be paid to the town within 30 days of receipt of an invoice from the town.
(C) The application shall include the following information:
(1) All application fees and other fees required by this chapter;
(2) Completed and signed application form containing at least the following information:
(a) Date of the application;
(b) Proposed well name;
(c) Surface owner names(s) and address(es) of the lease property;
(d) Mineral lessee name and address;
(e) Applicant/operator name and address and if the operator is a corporation, the state of incorporation, address, officer’s names and addresses, registered agent and address and articles of incorporation; and if the operator is a partnership, the names and addresses of the general and limited partners. Copies of any “doing business as” filings;
(f) Name and address of individual designated to receive notice;
(g) Name of operator representative with supervisory authority over all gas operation site activities and a 24-hour phone number;
(h) The name, address and 24-hour phone number of the person to be notified in case of an emergency;
(i) The exact acreage of the drill site and number of bores included in the gas well permit application or anticipated to be drilled, assuming successful completion of the first well;
(j) A copy of a contract with the town’s solid waste hauler for removal of solid waste;
(k) Disposal of any and all waste and materials from operations on the pad site will be removed from the town’s limits and disposed of according to local, state, and federal regulations;
(l) A copy of the agreement with the owner/operator of the water source to be used during drilling and fracturing operations;
(m) A copy of an erosion control plan;
(n) A copy of a dust control plan;
(o) A copy of the private road design;
(p) A report detailing all private water wells within 1,000 feet of the pad site boundary and method for which such information was obtained. The failure to identify any nonregistered well will not be considered a violation of this chapter if the operator includes a private well information request as part of the well application notices required by this chapter;
(q) A vector control plan that details all measures that will be taken to ensure that any fracture pond will not become a site for mosquito harborage. The plan shall list all planned measures for mosquito abatement activities, including any biological/chemical control applications or water level control measures;
(r) A copy of the location of the noise blankets facing all residences and on the drilling rig. Depict the hospital grade muffler or equivalent control device. Cite the approved company to conduct the field noise study within ten days of drilling;
(s) A leak detection and compliance plan to ensure all site activities and equipment are in compliance with applicable rules and regulations. This plan should outline methodology to assess and evaluate the impact of drilling, fracturing, production, and other activities at the padsite and immediate surroundings. Specific elements shall include, but is not be limited to: a quarterly leak detection monitoring program, methods and equipment for emission measurements, and a response plan to address issues, if they arise, and any other information as required by the town’s inspector. Monitoring shall include evaluation of potential impact to air, soil, surface water, or groundwater. Quarterly reporting of the monitoring results to the town is required with all laboratory data sheets, field logs, data summaries, and actions taken in the previous period;
(t) A pipeline map indicating the location of the nearest gathering station and the alignment of the pipeline(s) or proposed pipelines connecting the operation site to the gathering stations;
(u) An emergency action response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. The plan shall use existing guidelines established by the Railroad Commission, Texas Commission on Environmental Quality, Department of Transportation, and/or the Environmental Protection Agency. The plan should include drive-to-maps from public rights-of-way to drill site;
(v) A hazardous materials management plan shall be submitted and be on file with the Fire Department and the Inspector;
(w) The operator shall be responsible for establishing and reporting to the city the pre-drilling ambient noise level prior to the issuance of a gas well permit. A 72 noise study shall be utilized to establish ambient noise levels. The 72-hour time span shall include at least one 24-hour reading during either a Saturday or Sunday. The timeframe for this study shall be designed to avoid the influence of wind interference on the study. The determination as to whether subsequent studies are needed to reevaluate ambient noise conditions shall be at the sole discretion of the Town Administrator. The applicant shall submit a proposed ambient noise level study plan to the town for approval prior to conducting the study. The proposed plan shall contain a proposed testing schedule. Once the drilling is complete, the operator shall be required to establish a new ambient noise level prior to the installation of any new noise generation equipment;
(x) An emissions control/reduction plan shall be submitted to the town as part of the application package. The plan shall outline policies, practices, procedures, and equipment in sufficient detail to illustrate compliance with any federal, state or local law or ordinance, and industry best management practices regarding air quality. At a minimum, the plan shall include the following:
1. Name, location, and operator of well;
2. A detailed description of the operational steps used to ensure compliance with best management practices;
3. A detailed description of the maintenance program of equipment utilized at the well site; and
4. Description of the emission monitoring program or voluntary leak detection program; and
(y) A notarized statement signed by the operator, or designated representative, that the information submitted with the application is, to the best knowledge and belief of the operator or designated representative, true and correct;
(3) A site plan that includes the following information:
(a) Location and description of all buildings within 600 feet of the well and a site plan on an aerial map that indicates the distances of all applicable setbacks to structures, protected uses, freshwater wells, waterbodies, public streets, and all other applicable setbacks;
(b) Map showing proposed transportation routes and roads for equipment, water, chemicals or waste products used or produced by the gas operation. The map shall include a list of the length of all public roads that will be used to access the site. The map shall also show the location of any areas to be used for truck staging or storage related to the drill site;
(c) A site plan of the proposed drill site and operation site showing the location of all improvements and equipment, including the location of the proposed well(s) and other facilities, including, but not limited to, fire hydrants proposed to supply water to the site, tanks, pipelines, lights, floodways, compressors, separators and storage sheds;
(d) A detailed site plan that includes specific details to the projected location of the major components of the drilling site, impacted vegetation, creeks and other topographic features, adjacent building and other structures and the measured distance from the well site to these buildings and structures, temporary and permanent fencing and landscaping; and
(e) Location of lights on well pad site;
(4) A description of public utilities proposed to be used during drilling and operation;
(5) A description of the water source to be used during drilling, an estimate of the total volume of water needed, and the approximate dates the water supply will be needed at the site;
(6) A copy of the approved Railroad Commission permit to drill together with attachments and survey plats which are applicable to the drill and operation sites;
(7) A copy of any storm water pollution prevention plan required by the Environmental Protection Agency. A copy of the notice of intent shall be submitted to the Town of Lakeside, three days prior to the commencement of any onsite activity;
(8) An accurate legal description of the lease property to be used for the gas operation, the parcel and the production unit and name of the geologic formation as used by the Railroad Commission. Property recorded by plat should reference subdivision, block and lot numbers;
(9) A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable quality ground water; and
(10) The insurance and security requirement documents under this chapter.
(Ord. 326, passed 7-14-2011) Penalty, see § 154.999