(A) Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration at each drill site, operation site and line compressor facility.
(B) Electric power.
(1) An operator shall only use electricity to power a drilling rig and all permanent compressors, excluding temporary lift compressors as described in § 114.03(B) hereof. The electricity shall be provided by the electric delivery utility company using a ground-mounted transformer located on the drill site or operation site.
(2) The city may approve an alternative power source or equipment such as diesel generators if the drill site or operation site is located more than 1,000 feet from a property with a protected use, or if the electric delivery utility company reports that there is insufficient capacity to serve a drill site or operation site.
(3) An operator may use temporary diesel generators during a disruption of electric service until such service is restored, provided that noise produced by such equipment does not exceed the maximum limits established for the drill site or operation site.
(C) No person shall permit any lights located on any drill site, operation site or line compressor facility to be directed in such a manner so that they shine directly on public streets, adjacent property or property in the general vicinity of the drill site, operation site or line compressor facility. Site lighting shall be shielded and directed downward and internally so as to avoid glare on public streets and buildings within 300 feet.
(D) The operator shall at all times comply with all applicable federal, state and city requirements.
(E) Noise.
(1) Prior to the issuance of a gas well permit, the operator shall report to the city ambient noise readings taken over a 72 hour period, including at least one 24 hour reading during a Saturday or Sunday. During the 72 hour period, readings shall be taken from the hours of 7:00 a.m. to 7:00 p.m. to establish the pre-drilling or pre-installation ambient noise level for daytime operations and from the hours of 7:00 p.m. to 7:00 a.m. to establish the pre-drilling or pre-installation ambient noise level for any nighttime operations.
(2) The exterior noise level generated by any operations (including, but not limited to, drilling, re-drilling, production, hydraulic fracturing, and flowback) or any line compressor facility shall not exceed the pre-drilling or pre-installation ambient noise level by more than five decibels for daytime operations and shall not exceed the pre-drilling or pre-installation ambient noise level by more than three decibels for nighttime operations when measured at the nearest boundary of a property occupied by a protected use or 100 feet from the nearest structure occupied by a protected use (as measured to the closest exterior point of the structure), whichever is closer to the protected use.
(3) Adjustments to the noise standards as set forth above in division (D)(2) of this section may be permitted in accordance with the following:
Permitted Increase (dBA) | Duration of Increase (minutes*) |
10 | 5 |
15 | 1 |
20 | Less than 1 |
* Cumulative minutes during any one hour | |
(4) During workover operations, all activities shall be restricted to daytime hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m., Saturday and Sunday.
(5) During hydraulic fracturing, all activities shall be restricted to hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturdays. Hydraulic fracturing shall be prohibited on Sundays and holidays. Notwithstanding the foregoing, hydraulic fracturing pumping shall be prohibited on Saturdays for drill sites or operation sites located within 1,000 feet of a protected use as measured from the edge of the drill site or operation site to nearest property line of the protected use.
(6) 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.
(7) 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 |
(8) The exterior noise level generated by the drilling, re-drilling or other operations on a drill site or an operation site located within 600 feet of a property occupied by a protected use shall be continuously monitored to ensure compliance. 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 city's Inspectors. The cost of such monitoring shall be borne by the operator. Where continuous monitoring is not required, and a complaint is received by the city from the occupants of any protected use on property located more than 600 feet from a drill site or operation site, the operator shall, if required by the city, and within 24 hours of notice of the complaint, continuously monitor the exterior noise level generated by the drilling, re-drilling or other operations for a 72 hour period to ensure compliance. At the request of the city, the operator shall monitor the exterior noise level at the source of the complaint.
(9) Acoustical blankets, sound walls or other alternative methods as approved by the Gas Inspector may be used to ensure compliance. All soundproofing shall comply with accepted industry standards and be subject to approval by the city.
(10) The sound level meter, instrument, or analyzing device used in conducting noise evaluations shall meet the American National Standard Institute's Standards.
(11) Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan, approved by the city, detailing how the equipment used in the drilling, completion, transportation, or production of a well complies with the maximum permissible noise levels of this section. The operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of any noise generating equipment.
(12) A citation may be issued immediately for failure to comply with the provisions of this section. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given 24 hours from notice of non-compliance to correct the violation from an identified source before a citation is issued. Additional extensions of the 24-hour period may be granted in the event that the source of the violation cannot be identified after reasonable diligence by the operator.
(13) Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open unless equipped with a hospital grade exhaust muffler or mufflers.
(F) An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the applicable specific use permit and associated site plan and gas well permit. The use of centralized tank batteries is permitted only as shown on the applicable specific use permit and associated site plan and gas well permit.
(G) In parallel to gas gathering pipeline, a flow back line may be installed to handle water and gas flow back following well fracture treatment.
(H) All surface facilities used for drilling, production or compression, including, but not limited to, a drill site, operation site, line compressor facility, fracturing pit, access road, and areas disturbed by grading or other means to accommodate such facilities shall be constructed within the boundaries established by the applicable specific use permit and associated site plan. All equipment, machinery, vehicles shall be stored and drilling and production operations shall be conducted within such boundaries as established by the applicable specific use permit and associated site plan and gas well permit. The use of public rights-of-way or property outside of the established boundaries for drilling, production or compression operations is prohibited.
(I) Except in the case of an emergency, well servicing operations and any deliveries to the site or to a line compressor facility shall be scheduled to occur between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m., Saturday and Sunday, only. The time limits set forth herein do not apply during the drilling of a well, except that the mobilization and demobilization of any equipment used for drilling and related operations, trailers, and vehicles shall be permitted only during daytime hours.
(J) Air, gas, or pneumatic drilling shall not be permitted.
(K) The operator shall immediately notify the city of any substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If for safety or other reasons, the city elects to perform the removal, the cost of such removal shall be paid by the operator.
(L) Within 60 days of the completion of the well or within 60 days of re-working a well, the area around the well shall be cleaned up and cleared of all material and equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area.
(M) An operator shall connect to a city water supply line or outlet for water used in the preparation, drilling, completion, production, and operation of gas wells, drill sites, operation sites and line compressor facilities when such facilities are located within 1,500 feet of a city water supply line or outlet. This provision shall not apply if above-referenced facilities are located more than 1,500 feet from a city water supply line or outlet, or if the city's Water Department reports that there is insufficient capacity to serve a drill site, operation site or line compressor facility.
(N) No vehicle, equipment, materials or other similar items shall be placed or stored on a drill site or operation site when not in use or are not necessary for the operation of such site, as determined by the Inspector.
(Ord. OR-1942-15, passed 3-23-15) Penalty, see § 114.99