The Building, Housing and Zoning Administrator shall issue a permit to drill a gas or oil well, or to install tanks, upon receipt of the application and after a review by the Planning Commission, which permit shall be conditioned on the following:
(a) The applicant shall furnish a surety bond in the sum of two hundred thousand dollars ($200,000), approved by the Law Director, ensuring the faithful performance of all the laws, rules and regulations of the City, and further ensuring protection to the City for any damage occurring to the City or to public property. The bond shall be in force and effect during the entire operation of the drilling, until such time as the well is capped and for thirty days thereafter, at which time the applicant may discontinue the bond if he or she has complied with all conditions thereof. If the applicant chooses to discontinue his or her bond, as herein provided, he or she must deposit with the Administrator his or her insurance policies for property damage and personal injury as specified in Section 836.03(a)(6). Such policies shall not only protect the City as an additional insured for property damage or injury to third persons, but must also protect the City for damage to City property or injury to City employees.
(b) Prior to any drilling operation, a suitable driveway of 100 feet in length and capable of supporting fire equipment shall be installed and maintained as such during the operating life of the well or tank site. When the driveway crosses an open roadway ditch, a culvert pipe, approved by the Administrator as to size, material and location, shall be installed to ensure proper drainage. The spreading of mud and debris upon City streets is prohibited and the driller shall clean any mud or debris from the streets to the satisfaction oi the Administrator, the Service Director or the Safety Director. If it is not completed to the satisfaction of the appropriate authority, the City shall clean the area and all charges shall be paid by the permittee.
(c) The applicant shall faithfully observe all provisions of law relating to drilling a gas or oil well.
(d) The applicant shall restore all streets, sidewalks, utilities, public grounds and private grounds, and all places in the City which may be damaged, to their former condition.
(e) The applicant shall clear the area of all litter, machinery, derricks, buildings, oil or other substances accumulated in the drilling operation.
(f) The applicant shall pay any and all damages for property damage or personal injury arising out of the drilling operation.
(g) Fresh water wells located within a radius of one-fourth of a mile (1,320 feet) of any well shall be tested prior to drilling. Residents may waive this requirement. Such testing is the responsibility of the permittee, shall be at the permittee's expense and shall be conducted by a person approved by the City. Test results shall be filed with the City. If any fresh water well located within a radius of one-fourth of a mile is disturbed or altered, a new test will be taken for the presence of deleterious materials, such as chlorides, sulphates, hydrocarbons and dissolved solids, etc. Such testing is the responsibility of the permittee, shall be at the permittee's expense and shall be conducted by a person approved by the City. Test results shall be filed with the City. If the test shows the fresh water well was not altered by the well or tanks, the cost of the testing will be paid by the complainant.
If the fresh water well is proven to have been disturbed by the well or tanks, the permittee shall immediately correct the problem. Potable water, in amounts needed by the well user, shall be provided by the permittee, and a new fresh water well shall be drilled immediately to ensure an adequate potable fresh water supply to those injured parties. If a new fresh water well is not drilled within thirty days, the permittee shall suspend his or her operation and be fined one hundred dollars ($100.00) per day until a new fresh water well is drilled. The fine shall be in addition to any other penalty provided in this chapter.
(h) No permit shall be issued for the drilling of a well except upon the ground owned by the applicant, or upon the ground held by the applicant under an oil and gas lease or drilling contract from the owner, giving permission to drill the well. Nothing contained in this chapter, nor any permit issued pursuant to this chapter, shall be deemed to grant any right or license to the permittee to enter upon or occupy, in any respect, for drilling or production operations, any land, except by written permission of the owner thereof. Any permittee entering upon or occupying, in any respect, for drilling or production operations, any land, without the written permission of the owner thereof, shall be charged under Section 642.12 (Criminal Trespass) of the General Offenses Code.
(Ord. 29-83. Passed 3-29-83.)