(A) All gas well sites shall be equipped with a manual shut-off valve or device in order for the town to terminate the well’s production in the event of an emergency. The location of the valve shall be determined by the oil and gas inspector.
(B) 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 operations as required by and in conformance with the requirements of the Railroad 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. The operator must conduct daily testing of the operation and pressure providing a copy to the town weekly.
(C) Chemicals and materials storage. All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain, and facilitate rapid remediation and cleanup of any accidental spill, leak, or discharge of a hazardous material. Operator shall have all material safety data sheets (MSDSs) for all hazardous materials on site. All applicable federal and state regulatory requirements for the proper labeling of containers shall be followed. Appropriate pollution prevention actions shall be required and include, but are not limited to, chemical and materials raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of secondary containment systems, and protection from storm water and weather elements.
(D) Closed loop system. A closed loop mud circulating system shall be the only approved and permitted system used in the drilling process. This system is self contained and has the ability to reuse certain products and is contained within the confines of the drilling pad site.
(E) 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, into, or upon any public rights-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private or public property in the town.
(F) Drill stem testing. All open hole formation or drill stem testing shall be done during daylight 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 at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(G) Drilling fluids. Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids.
(H) Drip pans and other containment devices. Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections, and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semi-liquids, or solid waste materials.
(I) 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 so constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effect will be minimized by the operations carried on at any drilling or production site or from anything incident thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon 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. Watering, wetting or other methods or materials must be used to control dust adjacent to residential property.
(J) 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.
(K) 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 town ordinances and the appropriate national codes.
(L) Emergency response plan. Prior to the commencement of any gas or other hydrocarbons production activities, Operator shall submit to the 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 Railroad Commission, Texas Commission on Environmental Quality, Department of Transportation and/or the Environmental Protection Agency and Town Fire Code. A copy of the emergency response plan shall be kept on site and be kept current with any additions, modifications, and/or amendments concerning all construction-related activities, natural gas operations and, and/or natural gas production. Updated plans shall be submitted to the Gas Inspector within two business days. A copy of the emergency response plan shall be kept on site.
(M) Equipment painted. All production equipment shall be painted and maintained at all times, including wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the 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, gray and unobtrusive shades of brown, or other neutral colors approved by the Inspector.
(N) Explosives. Under no circumstances shall explosives of any type be used during any phase of drilling, re-drilling, deepening, reentering, activating, converting, fracturing, or completing a gas well without the prior consent of the Gas Inspector. The operator shall provide notice to the Gas Inspector at least ten days prior to such activities. The notice shall identify the date that the explosive charges will be used, the date and means of transporting the explosive charges, and the transportation route to and from the drill and/or operation site that will be used for the delivery of the explosive charges. A permit shall be issued from the Gas Inspector for all use of explosives. Under no circumstance may explosives be stored at the pad site. Explosives to be used in connection with an operation approved by the Inspector shall be brought in on the day of their use and must either be used that day or removed.
(O) 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.
(P) Fire prevention; sources of ignition. Firefighting apparatus and supplies as approved by the Fire Department or Inspector 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 drill 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 emergency shut off valve to the well production sale line.
(Q) Fracture stimulation earthen pit. Lined earthen pits may be used for the purpose of storing fresh water for fracture stimulation operations. Such pits and contents shall be removed from the premises and the drilling site within 60 days after completion of the well. The operator shall provide temporary fencing around pits. If an operator who maintains a tank or pit does not take protective measures necessary to prevent harm to birds, the operator may incur liability under federal and state wildlife protection laws. Federal statutes, such as the Migratory Bird Treaty Act, provide substantial penalties for the death of certain species of birds due to contact with oil in a tank or pit. These penalties may include imprisonment. State statutes also protect certain species of birds. An operator must screen, net, cover, or otherwise render harmless to birds all open-top storage tanks that are eight feet or greater in diameter and contain a continuous or frequent surface film or accumulation of oil. However, temporary, portable storage tanks that are used to hold fluids during drilling operations, workovers, or well tests are exempt.
(R) Fracture stimulation (fracing) operations. All formation fracture stimulation operations shall be conducted during daytime hours unless the operator has notified and obtained permission from the town for operations during nighttime hours. 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. A watchperson shall be required at all times during such operation.
(S) Gas emission or burning restricted. No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law or as permitted by the Railroad Commission. If the venting of gases into the atmosphere or the burning of gases by open flame is authorized as provided by law or as permitted by the Railroad Commission, then such vent or open flame shall not be located closer than 300 feet from any building not used in operations on the drill site and such vent or open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners.
(T) (1) Lift compressors. Lift compressors are restricted to gas drilling pad sites and must be at least 700 feet from the nearest protected use, unless a lesser distance is authorized by the city council (subsection 13-510(f)(10)), and shall have secondary containment as required by subsection 13-515(a)(33). Additional requirements for lift compressors are as follows:
(a) A lift compressor shall be considered temporary if the installation is for less than 90 days and shall be allowed five dBA over ambient during the day and three dBA over ambient at night. No compressor shall be considered temporary if installed after the removal of the initial compressor for that well. Sound blankets shall be required for noise abatement on temporary lift compressors.
(b) Permanent lift compressors shall be enclosed within an acoustical structure composed of permanent material constructed of metal, masonry or other structurally sound material as approved by the environmental services director that significantly screens the equipment, is painted in a noncontrasting soft earth-tone color to match the nearby surroundings as nearly as possible and meets applicable building and fire codes. The structure shall be architecturally compatible with surrounds building structures and the structure’s facade shall be approved by the City Administrator.
(c) Any exhaust from an internal combustion engine or compressor, stationary or mounted on wheels, must be controlled through the utilization of a “hospital” grade muffler or equivalent control device. This device must be sufficient to suppress noise and vibration and prevent the escape of noxious gases, fumes, or ignited carbon or soot.
(d) The operation of permanent lift compression equipment shall not create any noise that exceeds the noise levels allowed and set out in this chapter.
(2) Line compressors. This division shall apply to line compressors restricted to gas drilling pad sites. Line compressors on gas drilling pad sites must be at least 700 feet from the nearest protected use, unless a lesser distance is authorized by the city council (subsection 13-510(f)(10)), and shall have secondary containment as required by subsection 13-515(a)(33). Additional requirements for line compressors are as follows:
(a) Line compressors shall be enclosed within an acoustical structure composed of permanent material constructed of metal, masonry or other structurally sound material as approved by the environmental services director that significantly screens the equipment, is painted in a noncontrasting soft earth-tone color to match the nearby surroundings as nearly as possible and meets applicable building and fire codes. The structure shall be architecturally compatible with surrounds building structures and the structure’s facade shall be approved by the Town Administrator.
(b) Any exhaust from an internal combustion engine or compressor, stationary or mounted on wheels, must be controlled through the utilization of a “hospital” grade muffler or equivalent control device. This device must be sufficient to suppress noise and vibration and prevent the escape of noxious gases, fumes, or ignited carbon or soot.
(c) The operation of line compression equipment shall not create any noise that exceeds the permissible noise levels set out in this chapter.
(U) Gas processing onsite. Except for a conventional gas separator or line heater, no refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises unless approved as part of the gas well permit.
(V) Grass, weeds, trash. The property on which a well site is located shall at all times be kept free of 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.
(W) Hazardous plan. A hazardous materials management plan shall be on file with the Fire Department and the Inspector.
(X) Lights. No person shall permit any lights located on any drill or operation 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 operation 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.
(Y) Muffling exhaust. Exhaust from any internal combustion engine, 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 noncombustible materials sufficient to suppress noise and prevent the escape of noxious gases, fumes or ignited carbon or soot. All formation fracturing operations shall be conducted between 7:00 a.m. and 7:00 p.m. Monday through Saturday.
(Z) Noise restrictions for gas well permits.
(1) No well shall be drilled, re-drilled or any equipment operated so as to create any noise which causes the exterior noise level, when measured at the well setback required by this chapter, to exceed the ambient noise level by more than five decibels during daytime hours and more than three decibels during nighttime hours. Fracture stimulation (fracing) operations shall not exceed the ambient noise level by more than seven decibels. Backflow operations shall not exceed the ambient noise level by more than five decibels during daylight hours and by no more than three decibels during nighttime hours. Production operations shall not exceed the established pre-drilling ambient noise level.
(2) (a) An operator shall not drill or re-drill a well or operate any equipment in such a manner so as to create 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.
(b) An operator shall not drill or re-drill a well or operate any equipment in such a manner so as to create low-frequency outdoor noise levels that exceed the following decibel levels:
16 hertz octave band 65 dB
32 hertz octave band 65 dB
64 hertz octave band 65 dB
(3) Exterior noise levels, including pure tone and low frequency data, shall be continuously monitored to ensure compliance. This data shall also include an audio recording to help identify the source of sound level “spikes” throughout the logging period. The continuous noise monitoring equipment shall be capable of wireless transmission of real-time noise and audio data. Access to this real-time data shall be made available to the town and its inspector. The cost of such monitoring shall be borne by the operator. The noise readings shall also be submitted to the Inspector on a weekly basis in an electronic format or other format specified by the inspector. The weekly report shall contain all noise data including pure tone and low frequency readings. The report shall state whether the pad site is in compliance with the noise requirements. If the report states that the pad site is not in compliance with the noise standards, then the report shall state the measures that are being taken to return the pad site to compliance and the timeframes for implementing these remedial measures.
(4) At a minimum, the operator shall install noise reduction blankets on the pad site boundaries facing any protected uses within 1,000 feet. The height of boundary blankets shall at a minimum be 30 feet. The height may be increased at the discretion of the Inspector in response to topographic necessity. In addition to the boundary barriers, the operator must, at a minimum, install additional noise reduction blankets to mitigate noise generated from the rig substructure, the rig floor area, brake drum housings, mud pumps, diesel motors, and generators. The blankets shall be constructed of fire-retardant material approved by the fire department. The boundary noise reduction blankets for class 1 well sites shall be required to meet a standard of STC or greater. Blankets that meet an equivalent national standard will be considered on a case by case basis by the Inspector.
(5) The sound level meter used in conducting noise evaluations shall meet the American National Standards Institute’s standard for sound meters.
(6) During nighttime operations, the operation of vehicle audible back-up alarms shall be prohibited or replaced with approved nonauditory signaling systems, such as spotters or flagmen. Deliveries of pipe, casing and heavy loads shall be limited to daytime hours, except for emergency situations. The derrick man and driller shall communicate by walkie-talkie or other nondisruptive means only when the derrick man is in the derrick. Horns may not be used to signal for connection or to summon crew (except that a horn may be used for emergency purposes only). The operator shall conduct onsite meetings to inform all personnel of nighttime operations noise control requirements.
(7) Time frame for boundary noise reduction blankets.
(a) If at any time, drilling, well completion, or fracturing operations cease for a period of greater than 90 days, the applicant shall be required to immediately remove any noise walls and any supporting structures. The Inspector may grant a one-time, 30-day extension per well. Additionally, the Inspector may waive this requirement for pad sites that have sufficient natural/vegetative/topographical screening that prevents the view of the boundary noise reduction blankets from town streets or from protected uses.
(b) To facilitate enforcement of this provision, all applicants with pad sites that have boundary noise reduction blankets shall be required to provide written notice by letter or email. This notice, required within 48 hours of the termination of drilling, well completion, or fracturing operations, shall be directed to the Town Administrator or his or her designee.
(AA) Organic solvents. Organic solvents, such as trichloroethylene and carbon tetrachloride, shall not be used for cleaning any element, structure, or component of the drilling rig, platform, and/or associated equipment, tools or pipes. The maximum extent practicable, high flash point Varsol shall be used.
(BB) Pipe dope. Lead-free, biodegradable pipe dope shall be substituted for API specified pipe dope.
(CC) Pits. No open pit shall be used except for freshwater storage. One foot of freeboard shall be required between the surface elevation and the top of the berm.
(DD) Private roads and drill sites. Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the operation site itself shall be at least 20 feet wide, have an overhead clearance of 14 feet. All private roads on drill sites during the drilling and fracturing stages of a drill site shall be an all-weather hard surface and maintained to prevent dust, mud and rutting. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the Inspector and the Town Administrator 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 dust adjacent to residential property.
(EE) Public streets. No permit shall be issued for any well to be drilled within any of the streets or alleys of the town and/or projected streets or alleys of the town, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the Town Administrator. Any consent from the Town Administrator shall be temporary in nature and state the number of hours and/or days that any street or alley may be blocked, encumbered or closed.
(FF) Salt water wells. No salt water disposal wells shall be located within the town.
(GG) Signs.
(1) A sign shall be immediately and prominently displayed at the gate on the fencing erected pursuant to § 154.056 of this chapter. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the Railroad Commission, shall have a surface area of not less than two square feet or more than four square feet and shall be lettered with the following:
(a) Well name and number;
(b) Name of operator;
(c) The emergency 911 number; and
(d) Telephone numbers of two persons responsible for the well who may be contacted in case of emergency.
(2) Permanent weatherproof signs reading: “DANGER NO SMOKING OR OPEN FLAME ALLOWED, 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 Town Administrator or their designee. Sign lettering shall be four inches in height and shall be red on a white background or white on a red background. A label must be located on each tank indicating exact chemicals that may be contained in the tank. Text shall be minimum six inches in height, contrasting with the background color. Each sign shall include the emergency notification numbers of the Town Hall, Fire Department and the operator, well and lease designations required by the Railroad Commission.
(3) No other signs shall be permitted on the site except as required by the Railroad Commission.
(HH) Storage of equipment. On-site storage or equipment is prohibited on the drilling or production operation site. 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. 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 operation 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 equipment on the site shall constitute a fire hazard. No refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises. This shall not be deemed to exclude a conventional gas separator or dehydrator.
(II) Storage tanks. All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.). All storage tanks shall be equipped with a secondary containment system including lining with an impervious 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 below the surface. Drip pots shall be provided at the pump out connection to contain the liquids from the storage tank. All tanks shall be set back pursuant to the standards of the Railroad Commission and the National Fire Protection Association, but in all cases, shall be at least 25 feet from any public right-of-way or property line. 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. No meters, storage tanks, separation facilities, or other aboveground facilities, other than the well head and flow lines, shall be placed in a floodway or the 100-yearfloodplain.
(JJ) Surface casing. Surface casing shall be run and set in full compliance with the applicable rules and regulations of the Railroad Commission.
(KK) Tank battery facilities. Tank battery facilities shall be equipped with a lightning arrestor system.
(LL) Tank specifications for gas well permits. All tanks and permanent structures shall conform to the API specifications. The top of the tanks shall be no higher than 12 feet above the terrain surrounding the tanks.
(MM) Valves. Each well must have a shutoff valve to terminate the well’s production. The Fire Department shall have access to the well site to enable it to close the shut-off the valve in an emergency.
(NN) Vehicle routes for gas well permits. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to state arterials, and where local access is required, to those arterials, collectors or commercial routes as designated by the town as part of the well permit.
(OO) Waste disposal.
(1) Unless otherwise directed by the Railroad Commission, all tanks used for storage shall conform to the following: operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute (A.P.I.) 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. No tank battery shall be within 100 feet of any dwelling or other combustible structure.
(2) 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 above-ground tanks (closed-loop mud system). All disposals must be in accordance with the rules of the Railroad Commission and any other appropriate local, state or federal agency. Unless otherwise directed by the Railroad 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. 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 chapter and any other applicable ordinance of the town.
(PP) Watchperson. The operator must keep a watchperson or security personnel on site during the drilling or re-working of a well when other workmen are not on the premises.
(QQ) Wellhead status after fracing. All wellheads waiting on completion, for a period greater than ten days, shall be:
(1) Completed through the production casing flange with a metal plate or blind flange bolted across the head;
(2) Surrounded with a six-foot tall chain link fence halving a gate and lock;
(3) The cellar shall be filled or closed; and
(4) The Bradenhead shall be piped to the surface and open to the atmosphere or have an observable and adequate pressure gauge with operable test valve.
(RR) Work hours for gas well operations. No activity other than drilling shall be conducted between 7:00 p.m. and 7:00 a.m. Sunday through Saturday. 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 between the above same work hour restrictions 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. It is understood, however that preparation for fracturing operations including assembly, perforating, disassembly and cleanup are allowed other than designated hours with approval from the Gas Inspector.
(SS) Notifications.
(1) Completion. The operator’s agent shall notify Inspector in writing at least 72 hours prior to starting completion procedures such as perforating and fracing. The well must be equipped with a blowout preventer before this operation is commenced. Also, if a bridge plug is set over a producing formation prior to additional completion, it must be pressure tested to a sufficient pressure to ensure that it is not leaking.
(2) Pipeline hookup. The operator’s agent shall notify the Inspector in writing at least 72 hours prior to the first sale.
(TT) Cathodic protection. Within 180 days of its completion date, each gas well shall be quipped with a cathodic protection system to protect the production casing from external corrosion. The Inspector may approve an alternative method of protecting the production casing from external corrosion in writing.
(UU) 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 chapter and shall notify the Inspector as soon as practicable. The Inspector shall certify in writing, briefly describing the same, to the official designated by the town. If the 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 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 Inspector deems necessary to regain control of such well. The town 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 town pursuant to such action of the Inspector in gaining control of the well.
(Ord. 326, passed 7-14-2011) Penalty, see § 154.999