(A) The location, installation, drilling, operation, maintenance, completion, and abandonment of oil and gas wells shall comply with all applicable local, federal and state laws, regulations, rules, orders, and permits.
(B) Oil and gas wells shall not be located closer than 1,000 feet from a residential dwelling or place of worship, school, childcare facility or public park. An oil or gas well shall not be closer than 300 feet from an adjoining property line, unless the adjoining property is pooled with the well site property, and unless the location is 600 feet from another well. This division shall not be construed to restrict or prohibit underground horizontal directional drilling or horizontal drilling where lawfully permitted by a Michigan regulatory agency that oversees such operations (EGLE, etc). Notwithstanding the preceding sentence, the setback distance requirements in this division are in addition and supplemental to the spacing and setback requirements prescribed by Michigan Statutes, Administrative Regulations and Supervisor of Wells Orders and Instructions.
(C) Prior to drilling, the owner or operator of an oil or gas well shall provide to the city a copy of the Environmental Impact Assessment filed with the Michigan Department of Environmental Quality in connection with a well permit under Part 615 of the National Resources and Environmental Protection Act, M.C.L. §§ 524.61501 et seq, and the administrative rules promulgated under Part 615, as amended, and a hydrogeological study. The owner or operator shall install at least one groundwater monitoring well in close proximity to, and down gradient of, the well location prior to commencing drilling. The owner or operator shall collect a water sample from the monitoring well prior to commencing drilling operations and at monthly intervals following completion of drilling operations. Water samples shall be tested for specific conductance, chloride, benzene, ethylbenzene, toluene, and xylene. The owner or operator shall provide the results of the sample analysis to the designee of the city within two business days after the results are available.
(D) An oil or gas well site shall be completely enclosed with an eight foot high fence designed to prevent unauthorized entry during well drilling, completion and operation.
(E) Measures deemed adequate by an engineer chosen by the city, at the expense of the owner/operator of the well, shall be implemented at the oil or gas well site to prevent or control any objectionable dust, noise, vibrations, fumes, or odors from leaving the property or adversely affecting or unreasonably disturbing persons living or working in the vicinity. All operations shall be conducted in accordance with the best practices determined by the Michigan Department of Environmental Quality, or other agency designated by the State of Michigan, for the production of oil, gas and hydrocarbons in urban and residential areas. All costs incurred by the city for this purpose shall be reimbursed by the owner or operator.
(F) Exterior lighting shall be shielded to prevent unnecessary light or glare from being directed off-site.
(G) The completed wellhead structure shall not exceed 20 feet in height. The temporary drilling rig shall not exceed 100 feet in height.
(H) An oil or gas well shall include measures or controls satisfactory to an engineer chosen by the city, at the expense of the owner/operator of the well, to prevent migration, runoff or discharge of any hazardous materials, including but not limited to any chemicals, oil or gas, to adjoining property or to the City of Memphis Sanitary Sewer System, stormwater system or any natural or artificial watercourse, wetland, lake or pond. There shall be no off-site discharge of stormwater except at an approved drainage system in accordance with the requirements of an engineer chosen by the city. All costs to the city, including any costs incurred in retaining an engineer, shall be reimbursed by the owner or operator of the well. Failure to reimburse the city for such costs shall be grounds for immediate revocation of the privilege to operate a well in the city.
(I) All brine, mud, slush, saltwater, chemicals, wastewater, fluids or waste produced or used in the drilling or production of oil or gas shall, under the supervision of the Michigan Department of Environmental Quality or other agency designated by the State of Michigan, be safely, lawfully and properly disposed of to prevent infiltration of or damage to any fresh water well, groundwater, watercourse, pond, lake or wetland. Injection wells for the disposal of brine or chemicals from the production of oil or gas or any other source are prohibited in the city.
(J) The oil or gas well site shall be kept in a clean and orderly condition, free of trash and debris, with weeds cut. Machinery and equipment not currently in use in the operation of the well shall not be kept or stored at the wellsite.
(K) Landscaping and screening shall be provided to limit public view of wellheads and equipment after the completion of drilling/boring operation.
(L) No drilling rigs, construction vehicles, tanker trucks or heavy equipment used in connection with the drilling or production operations of oil or gas wells in the city shall be moved over the public roads and streets under the city's jurisdiction without obtaining approval from the city's Street Administrator, who shall specify the streets that may be used and any conditions that may apply.
(M) The owner or operator of a well shall provide to the city and its emergency responders any information necessary to assist the city's emergency responders with an emergency response plan and hazardous materials survey establishing written procedures to minimize any possible hazard resulting from the operation, and shall further provide to the city and its emergency responders up-to-date contact information and a means to contact a responsible representative of the owner or operator on a 24-hour basis.
(N) Hydraulic fracturing, as defined in Michigan Admin. Code, R324.1401 et seq. (i.e., a well completion operation that involves pumping fluid and proppants into the target formation under pressure to create or propagate artificial fractures, or enhance natural fractures, for the purpose of improving the deliverability and production of hydrocarbons), is prohibited in and under the city.
(O) The owner or operator of an oil or gas well shall maintain written procedures to minimize the hazards resulting from an emergency. A copy of these written procedures shall be filed with the city prior to commencement of drilling. These procedures shall at a minimum provide for the following:
(1) Prompt and effective response to emergencies including but not limited to:
(a) Leaks or releases that may impact public health, safety or welfare;
(b) Fire or explosions at or in the vicinity of the oil or gas well;
(c) Natural disaster;
(d) Effective procedures and protocols to notify and communicate required and pertinent information to local fire, police, public officials and affected residents during an emergency;
(e) The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency;
(f) Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment;
(g) Emergency shut down of the well operation;
(h) The safe resumption of operations following an emergency or incident; and
(i) A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures.
(P) Upon discovery of an oil or gas well emergency or incident, the owner or operator shall immediately communicate to the 911 system the following information:
(1) A general description of the emergency or incident;
(2) The location of the emergency or incident;
(3) The name and telephone number of the person reporting the emergency or incident;
(4) The names of the well owner and operator;
(5) Whether or not any hazardous material is involved and identification of the hazardous material so involved; and
(6) Any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident.
(Q) The drilling location of any well shall in no instance be nearer than 500 feet from any street line, alley line or railroad right-of-way line.
(R) All equipment and materials used in the drilling of wells for the discovery of oil, gas, petroleum and hydrocarbons shall be modern and shall be kept in good working condition at all times. All equipment, materials and operations shall conform to the provisions of Act No. 61 of Public Acts of Michigan of 1939 (M.C.L. §§ 319.1 et seq., MSA 13.139(1) et seq.), and the regulations promulgated thereunder.
(S) No tanks or other facilities for the storage of gas, petroleum or hydrocarbons produced from any well within the corporate limits of the city shall be kept, erected or maintained except in areas where such is permitted by the city's zoning ordinance. All such facilities shall be connected to any well by pipes or pipelines by the nearest possible route.
(T) All pipes or pipelines leading to or from a well location shall be of welded steel construction and shall be buried underground to a minimum depth of 36 inches below the normal surface of the ground and before a pipeline is laid in, down or along a street, the person or company laying such line shall deposit with the City Treasurer the sum of $0.30 per foot for the laying of such line, and in the construction of such lines the owner/operator of such lines shall pay to the city all damages sustained by it by reason of the construction of such lines and the repair of any streets crossed by or extending along such pipelines in an amount sufficient to place the city property in the same condition as prior to the laying of such lines and shall pay to the city any and all damages incident to the taking up or repairing of such lines thereafter. No concrete or asphalt paving shall be cut or disturbed unless absolutely necessary, and then only under supervision of the city. The owner/operator shall be required to replace and repair the paving at his own expense and under the supervision of the Superintendent of Public Works of the city.
(Ord. 211, passed 1-5-2021) Penalty, see § 118.99