(1) Drilling is permitted twenty-four hours a day, but no driller shall detonate explosive devices, perform the process call fracturing, dress tools, sharpen bits or operate his or her forge between the hours of 9:00 p.m. and 6:00 a.m. of the following day in any area where there are inhabited dwellings within 1,000 feet of any drilling operation, unless the consent of all property owners within such distance is obtained in writing. All operations shall be conducted in such a manner as to eliminate, so far as practicable, dust, noise, vibration and noxious odors.
(2) During the drilling phase, all flowback and waste shall be accumulated in containers as described in paragraph (27) hereof and no hydrocarbons, waste, water or other such elements shall be permitted to enter the atmosphere at the well site. Upon fracturing of any well, the applicant shall contain flowback entirely within an adequately vented enclosed system to be approved by the City geologist or petroleum engineer.
(3) All storage tanks for the storage of oil, water, salt brine and other such elements shall be lined with a coal-tar based material held with an epoxy on the inside of the tank to avoid leakage, shall be equipped with a thief hatch cover in a location satisfactory to the City geologist or petroleum engineer in order to sufficiently enable visual inspection of the tank, and shall be kept closed at all times when not in use. Any brine storage tank manhole shall have a device securely attached across the opening of the manhole to eliminate access into the storage tank. The oil storage tank shall be equipped with a vent pipe with a safety check valve installed in the vent pipe on top of the storage tank.
(4) If the City geologist or petroleum engineer determines that any drilling or production of a gas and oil well causes any sour gas, or any gas or oil odor deemed to be a nuisance by the City geologist or petroleum engineer, the applicant shall take all necessary steps to eliminate the escape of any sour gas, and where ordered by the City geologist or petroleum engineer, shall provide a filter retrofitted on all storage tanks.
(5) The flow line from the well to the separator device shall have a pressure activated shut-off valve system to cut off the flow just prior to the opening of the safety valve on the separator. If the well system utilizes a pump jack, the pump jack shall also have an automatic shut-down system to stop fluid spills if the rod packing leaks, approved by the City geologist or petroleum engineer. At least once each year, commencing at initial production of a well, the applicant shall test all safety valves used in the production of oil and gas to determine that they are properly functioning and shall report the same to the Building and Zoning Director. If such report is not received within fifteen days after the anniversary date, the Director and the City geologist or petroleum engineer shall inspect the premises, to determine the same, and shall obtain reimbursement of the cost of such inspection from the applicant or from any bond or deposit of the applicant being held by the City.
(6) All motor powered equipment intended for permanent use in production of wells or transmission of fluid or gas shall be operated only on electrical power. This regulation shall not apply to motors used in drilling operations or mobile service rigs at the site. Any diesel engines being utilized during the drilling stage shall have adequate mufflers to suppress sound, and each drilling rig shall be provided with fire-resistant soundproofing material and shall be subject to the approval of the City geologist or petroleum engineer. All storage tanks, separators and distribution pipes shall be based on a minimum of one-inch clay seal on the surface of the ground and shall be contained by a retainer wall with a minimum of one-inch clay seal capable of holding two times the capacity of all storage tanks. The applicant shall provide a loading area to the storage tanks with provisions for a ramp so that if any spillage occurs while removing any materials from storage tanks, the spill will go into a sump which can be pumped into a brine removal vehicle. Whenever the brine removal vehicle is at the loading area, all fluids in such sump shall be pumped into the brine removal vehicle. The applicant shall not permit the fluids in the sump to overflow at any time.
(7) The maximum sound level of all operations during the drilling stage shall be sixty-five decibels at a distance of 350 feet, not to be exceeded more than ten percent of the time during drilling. If any City official determines that the decibel limit has been violated, such official shall order the applicant to cease production until adequate measures are taken to reduce the decibel level equal to or less than sixty-five decibels at a distance of 350 feet.
(8) Any liquid or waste, other than water used within the contained flowback process, extracted from a well during drilling or productions shall not be re-injected into the ground within the City. All such wastes and brines shall be stored in tanks and removed from the City by haulers who shall first obtain a permit from the Building and Zoning Director. Such haulers shall prove their ability and experience to remove such waste and brine safely and provide evidence of liability insurance in an amount satisfactory to the Law Director. When requested by the City officials, such hauler shall produce receipts for the locations where such wastes and brines are injected.
(9) During drilling of a well, the applicant shall install a blowout preventer with a remote manual preventer control to shut down the system. The applicant shall also install a gas detector meter to the drilling apparatus to determine if a gas pocket has been hit during drilling. The applicant or his or her agents shall be on-site during all phases of drilling and the applicant shall ensure that adequate, knowledgeable and experienced. drillers are on-site during all phases of drilling.
(10) The applicant, during production of a well, shall make daily fluid level checks of all oil, gas, brine, waste and other elements removed from any well and shall also check, on a daily basis, the condition of all equipment. Any joint or connection under pressure and above ground which carries fluids or gases under pressure shall be inspected weekly to ensure against leakage. The applicant shall provide a monthly report to the Building and Zoning Director of fluid levels indicated herein, the equipment, the pressure level of all equipment, and leaks if any, and shall advise the Building and Zoning Director of efforts taken to avoid build-up of paraffin on any equipment or apparatus contained at a well site. The Building and Zoning Director shall prepare an inspection form to be filled out monthly by the applicant and filed by the fifth day of each month.
(11) The person or persons who will perform the fracture of each well, shall be identified to the City geologist or petroleum engineer who shall ensure that such person or persons are adequately experienced and will take adequate precautions to avoid any danger to any person or property. If any well site, in the opinion of the City Engineer or the hydrologist, is sufficiently close enough to potentially adversely affect any existing pond, stream, lake or other body of surface water, the applicant shall construct diversionary ditches and devise and construct an impounding system to contain any liquids that might otherwise escape from the well site. Such ditches and impounding systems shall be constructed in a manner approved by the City Engineer.
(12) After conclusion of the drilling stage, and upon the date when notice is required to be given to the City of the commencement of production, the applicant shall remove all drilling equipment, temporary tanks and other materials not intended to be permanently placed at the well site.
(13) All landscaping shall be completed within sixty days and all grading shall be completed within fourteen days after drilling is completed. The site where all permanent storage tanks and other apparatus will be located shall be screened with natural vegetation, and such vegetation, when planted, shall be at least five feet in height, with the ability to grow to at least fifteen feet in height.
(14) All storage tanks, apparatus and other equipment located above ground at a well site shall be removed and abandonment completed within 180 days after a well stops producing, and the ground shall be restored, to the extent possible, to its original condition prior to drilling of such well, within such 180-day period.
(15) The City hydrologist shall, at the applicant's expense, on at least a semi-annual basis, test the nearest water well, spring and downstream surface water, at locations selected by the City hydrologist, to ensure that no ground water or surface water is being contaminated as a result of any oil and gas well operation. The hydrologist shall submit a copy of the results of such test to the applicant and to the Building and Zoning Director if such testing determines that any contamination has occurred, the applicant shall cease production until the source of contamination is located and the applicant is able to eliminate the source of contamination to the satisfaction of the City hydrologist.
(16) If an applicant, at any time, determines to cap a producing well, the applicant shall notify the Director. The applicant shall advise the Director of the length of time the well shall be capped and shall further notify the Director when the well will again be made productive. The Director, upon receiving notice of the applicant's intention to cap the well, shall notify the City geologist or petroleum engineer who shall then inspect any well after it is capped to ensure that the applicant has safely capped the well. If the well is capped for more than one year, abandonment proceedings shall be commenced and completed within one month thereafter unless an extension is requested by the applicant and approved by the Planning Commission.
(17) The applicant shall not permit any hydrocarbons or brines to enter the Sharon or Berea Sandstone formations during drilling or production of any oil and gas well. If such contamination of either Sandstone occurs, the applicant shall immediately notify the Director who shall than notify the City hydrologist to determine if any temporary or permanent damage has occurred to the potable water supply.
(18) During the drilling stage, no other improvement or additional use shall be placed on the drilling unit. Following the initiation of production, as approved by all City officials, such additional improvements and uses as may conform to the Zoning Code may be initiated on the drilling unit subject to the restrictions of all other applicable laws and regulations of the City and the State. In recharge districts, no new structure shall be located within 2,000 feet of any well site area within the drilling unit or any land outside the drilling unit contiguous thereto and owned by the applicant. Within a discharge district, no new structure shall be located within 300 feet of any well site area. No person shall plat or develop a minor or major subdivision on the drilling unit while any well is still producing and has not been abandoned without first obtaining the approval of the Planning Commission after a public hearing and notice and in accordance with procedures set out for public hearings in the Subdivision Regulations. No minor or major subdivision shall be permitted to be developed by the Commission if such subdivision would endanger the health, safety or welfare of the residents of such subdivision, any structure to be developed thereon and any water well or central water system to be constructed on the drilling unit. The Commission shall ensure that no development is permitted, and that no common area in any subdivision is permitted to be developed, in violation of the Zoning Code or within a distance from any well site that would cause other detriment to the health, safety and welfare of the residents or to the natural resources of the City. The Commission shall ensure that no structures or common areas are permitted to be developed in an area that may be unreasonably exposed to dangers associated with production, transmission or abandonment of oil and gas wells. The well site area shall include the oil and gas well, any storage or separation tanks, compressor stations, and pit or contamination areas for the storage of brine and other wastes.
(19) The applicant shall be prohibited from accumulating combustible materials in the well site areas, and, upon order of the Fire Chief, shall remove any combustible materials that, in the opinion of the Chief, may be hazardous. Permanent no-smoking signs shall be posted at the entrance gate, and on the oil storage tanks, and temporary signs shall be posted at the drilling site until production commences. No person shall smoke any cigarette, cigar, pipe or other form of tobacco, have any matches, or open flames or burn any other combustible materials at the well site during drilling or when handling or removing gas at the well site. The applicant shall ensure that when any welding occurs on the premises, suitable welding screens are utilized to protect any person from injury.
(20) All artificial lighting used during drilling or production of any gas and oil well shall be designed, constructed and located in such a manner as to prevent emission upon any property not within the drilling unit.
(21) The use of nitroglycerin as an explosive shall be prohibited during any phase of drilling, fracturing, operation, production or abandonment of a gas and oil well. The applicant and any contractor shall be permitted to use an explosive other than nitroglycerin to perforate the casing and cement prior to fracturing of a well. Explosives shall not be used to otherwise increase the porosity and permeability of the subsurface, and fracturing shall be through the process of hydro-fracturing, unless otherwise approved by the City geologist or petroleum engineer.
(22) No person shall refine or otherwise process for extraction the products of a gas and oil well except when necessary to make gas acceptable to flow through gas transmission lines. If the latter becomes necessary, the applicant shall notify the Building and Zoning Director prior to commencement of such processing or production. Any burner unit installed in an oil storage tank shall be properly vented and monitored to ensure no excess heating within the tank while in use.
(23) If, during drilling, the site will be unattended at any time, and during the completion phase of drilling, when the well site area is unattended, the applicant shall cap the assembled sections of the well to avoid any hazard or leakage of hydrocarbons, wastes or other elements.
(24) All pipe and related fittings must be equal to or better than the American Petroleum Institute Code 5-L, Grade B, and shall consist of prime material with standard coating. Any deviation from these standards shall be approved by the City geologist or petroleum engineer prior to construction of the same at the well site. Upon completion of construction of all tanks and other apparatus to remain on the well site and the laying of pipelines, the applicant shall return all disturbed public or private roads, driveways, walks or approaches to their original condition before disturbance to the satisfaction of the City Engineer. The applicant shall backfill to the existing grade level in such a manner as to prevent erosion or siltation and shall complete all of the same within fourteen days after completion of installation of storage tanks and other apparatus and pipelines.
(25) A hydrostatic test of all pipelines from the well to the separator and from the separator to transmission lines shall be performed by the applicant prior to placing such line on any section thereof into operation. A hydrostatic test, or such other test as may be approved by the City geologist or petroleum engineer, shall consist of a pressure not less than twice the expected maximum operating pressure and shall be recorded over a minimum period of forty-eight hours. If any drop of pressure is noted within such forty-eight hour period, the line shall not be made operational until the line is capable of performing as set forth in this paragraph.
(26) All gas produced from wells shall be transported from the drill site by means of underground pipelines connected directly with the producing well to the separator or treating facilities by a completely closed system which shall be not larger than that sufficient to contain and store 210 barrels of oil (each barrel capable of holding forty-two U.S. gallons).
(27) All waste substances, such as drilling muds, brine or acids, produced or used in connection with drilling operations or production, shall be retained in watertight receptors from which they shall be hauled for disposal outside of the City within ten days after the completion of drilling, and no production shall commence until such removal has occurred.
(28) Truck routes in and out of the well site shall be approved by the Planning Commission. The Commission shall require that the truck routes through City streets be limited to roads that can accept the load limits and shall consider routes that will minimize wear on public streets within the City and that would prevent hazards and damage to other properties in the City.
(29) The applicant shall be responsible for maintaining the public roads in a debris-free condition at all times, and the applicant shall cause the public roads to be free of all debris, mud and other materials that accumulate as a result of drilling, production, transmission, hauling or abandonment proceedings.
(30) The applicant shall provide one off-street parking space for each employee engaged in the drilling process and shall provide at least two permanent off-street parking spaces at the site where production equipment will be located. All trucks, machinery, drilling rigs and other equipment temporarily stored at the site shall be kept within a temporary fenced-in area around the well site when not in use. All materials extracted during drilling and stored at the site shall be kept within such fenced-in area.
(31) In addition to the regulations set forth herein, the Planning Commission may, after a public hearing, impose such other conditions, requirements and limitations, and delegate authority to other City officials, which the Commission may deem necessary for the protection of property and person and in furtherance of the health, safety and welfare of the residents of the City and surrounding communities.
(Ord. 1986-6. Passed 4-28-87.)