All applicants for and holders of a conditional use certificate for gas and oil well drilling shall comply with the following specific requirements, which are deemed to be minimum specifications unless noted otherwise:
(a) Limits on Unitizing Properties. Any owner who has unitized any portion of his property by entering into a community lease or other agreement shall not share in any adjacent well production because of conflicting lease interests of such real estate caused by such real estate being in more than one unitized site. It is the express intention of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
(b) Drilling Equipment and Training of Crews.
(1) Rotary equipment. The drilling preparation used in wells drilled with rotary equipment shall be capable of sealing off each oil, gas, brine, or fresh water stratum above the producing horizon or objective formation and shall be capable of preventing blowouts and flows of salt or fresh water, in accordance with good well drilling practice. Rotary tools shall have the innermost string of casing equipped with a blowout preventer properly installed and tested prior to drilling into any formation likely to contain oil or gas.
(2) Cable tools. Wells drilled with cable tools shall have the innermost string of casing equipped with a high pressure master valve and control head and an oil saver, securely anchored by concrete, prior to drilling into any formation likely to contain oil or gas.
(3) Crews and equipment. All crews shall be trained in the operation of the blowout preventer, control head and related equipment, and all equipment to be used shall be in good condition. Sanitary toilet facilities shall be provided on the drill site for the drilling crew.
(c) Protection of Fresh Water Wells. It shall be the duty of the certificate holder to seal gas and oil wells to protect fresh water wells from salt water or other pollution or contamination in such proper manner as is in accordance with good practice. Both the certificate holder and driller shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to re-establish proper potability on any polluted or contaminated well or wells. Unless otherwise specified by Council or the building department, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the well head. The certificate holder and driller shall be jointly and severally responsible for the obligation to provide potable water, without cost to the residents receiving the water.
(d) Drainage Into Sewers, Water Courses and Surrounding Areas. No waste, sludge, water or effluents of any type, where an oil or gas well is being drilled, fractured, or is in production, shall in any manner, be emptied or drained into any storm or sanitary sewer, drainage course, water body, wetland, or any other area. All sludge and holding pits shall be lined and diked so that no waste, sludge, water or effluents are allowed to penetrate the soil or to run off and pollute any area outside of the dike. Disposal of all materials shall be in strict compliance with the provisions of the approved conditional use certificate and referenced plans and proposals.
(e) Storage Tanks and Production Equipment. In non-industrially zoned areas having two or more existing residences within 500 feet of the storage tanks and production equipment site, all storage tanks and other equipment shall not exceed a height of ten feet above the average grade outside the diked and fenced area. In any zoning district, the location of tank batteries and other production equipment shall meet the following locational and other criteria:
(1) In areas in which two or more wells are proposed for adjacent properties or drill units or are to be located within reasonable distances of one another, the storage tanks and processing equipment shall be consolidated on a single or as few sites as possible.
(2) Storage tanks and all other processing equipment shall be set back from all road rights-of-way at least 100 feet.
(3) Storage tanks, production facilities, and processing equipment shall have access drives of such quality, lengths, widths and locations to assure year- round access for service and emergency equipment and to minimize any potential conflict with traffic on existing and proposed roads.
(f) Diking of Storage Tanks. All gas and oil well storage tanks or groups of tanks situated within the corporate limits of the City shall be diked or other suitable means taken to prevent discharge of liquid from endangering adjoining property or reaching waterways. Each dike shall have a capacity of not less than that of the tank or tanks served by the enclosure and shall be completed prior to the initiation of production and processing through the enclosed facilities. All dikes shall be continuous with no openings for roadways and no residual opening shall remain as a result of piping passing through. All dikes shall be constructed of earth, clay, steel, masonry, or reinforced concrete so constructed to be watertight and afford adequate protection and, if of concrete or masonry, shall be properly reinforced and shall have footings below the frostline.
(g) Access to the Well Site. The certificate holder or well driller shall install a 40-foot long, 3/8-inch minimum walled steel culvert, ten inches in diameter or larger, as specified and approved by the City Engineer, or his designate, located in the roadside ditch or other location determined by the City Engineer, or his designate, at each entrance or exit to a proposed well site. This installation is to provide for a ground cushion and entrance pad at the road edge to prevent berm and roadway damage or destruction. Further, a gravel entry drive of not less than 100 feet in length by ten feet in width, and a gravel type and thickness as specified by the City Engineer, or his designate shall be laid out as a vehicle clean-up area to help reduce the amount of mud being carried onto the road right-of-way and pavement. This culvert and gravel entry drive shall be installed prior to the arrival of drilling equipment at the site and shall be maintained in an acceptable manner.
(h) Maintenance of Site and Streets. All certificate holders and well drillers shall use care in the set up, operation, and removal of drilling and fracturing equipment to keep the area around the drilling site free of mud which could be carried onto the public streets by any vehicle or other equipment used at the drilling site. Should any mud be carried onto public streets from a drilling site, the certificate holder shall be required to clean up the streets to the satisfaction of the City. The City shall have authority to require a certificate holder or driller to take specific steps to reduce mud at a given location. Failure of a certificate holder or driller to clean up the public streets to the satisfaction of the City, or failure to take specific steps to reduce mud at a given location, as requested by the City shall be grounds for revocation of the conditional use certificate, forfeiture of the bond posted under Section 1173.06(d), and shall further be a misdemeanor punishable under the provisions of Section 1137.09. If deemed necessary by the certificate holder, driller, zoning compliance officer, or City Engineer, suitable washing equipment shall be stationed at the road entry location and used to remove the loose mud from all vehicle tires and equipment prior to entry upon the public road right-of-way.
(i) Noise Level. Drilling operations shall be controlled by double exhausts, mufflers, or otherwise, so that the noise level of engines during the actual drilling does not exceed the noise level of 70 decibels at a 300 foot radius during maximum noise production periods.
(j) Restoration of the Site and Public and Private Property. The certificate holder or driller shall clear the site and area of all litter, rubbish, machinery, derricks, buildings, structures, oil or other substances used or associated in the drilling, fracturing or producing operations. The certificate holder or driller shall restore the streets, sidewalks, drainage facilities and water courses and other City, public facilities or places which have been damaged or disturbed in the various operations. All restoration and cleaning up of the site and area shall be completed within one year of the date of the initiation of drilling and shall be done regardless of whether a producing well has resulted or whether the well has been fractured. Restoration shall include, at a minimum, the fine grading of the soil to produce a readily mowable condition and the establishment of grass or other vegetative cover sufficient to prevent erosion and rapid storm water runoff.
(k) Equipment, Operation, and Maintenance of Producing Wells. The certificate holder, driller or producer shall meet the following requirements for all producing wells:
(1) All pipelines used for transmission of gas, oil, or other hydrocarbons, shall be located at least 30 inches below the surface, shall be well marked on the surface as to their location, and shall be located on easements, which are located with due consideration for potential conflict with existing and future development, streets, excavations and other activity areas.
(2) Excluding initial drill stem well testing and other extraordinary well production conditions, all removal of brines, oil, or other substances from a well shall be accomplished by pumping or other closed system methods; no gas or liquids of any kind shall be expelled directly to the air without first removing all oil, salt, or other potential environmental contaminants, including odor producing elements normally associated with sour gas.
(3) All well pumps shall be operated by electric motors only; all power lines leading to a well site shall be located underground.
(4) All gas and oil production facilities shall be equipped with automatic regulating and shut-off valves, which shall be located in the system ahead of any pressure relief valves included in the production and processing equipment. Such valves shall be designed to eliminate or reduce to as great a degree as possible, the venting of gas to the air.
(5) All gas and oil production and processing facilities serving wells producing sour gas shall be designed to effectively prevent the release of hydrogen sulfides or other mercaptans to the air.
(6) The fire chief, fire marshal, and City Engineer, or their designates, shall be notified 24 hours in advance of all scheduled or anticipated well tests and other extraordinary well production conditions which will result in large volumes of gas being released to the air.
(7) The well site, access drive, well head, production and processing equipment, dikes, fences, and landscaping shall all be maintained in good condition, comparable at least to the qualities existing at the time of the releasing of the performance bond, during the full period of production from the well and until such time as the well, whether a producing well or not, has been abandoned and removed, and the site restored to a condition compatible and consistent with the general conditions of the area.
(l) Fencing and Landscaping. The certificate holder, driller or producer of any drilled well, whether producing or not, shall meet the following requirements:
(1) Within one year of the initiation of drilling or prior to the initiation of production, whichever occurs earlier, the well head and all production and processing equipment shall be enclosed by a permanent eight foot high fence of such quality and maintenance to prevent to a reasonable degree, any unauthorized entry or access.
(2) Wells, production facilities, and processing equipment located on a site in a platted residential subdivision, a proposed residential subdivision, or an area of existing homes where two or more existing dwellings, not belonging to the owner(s) or certificate holder of said well or equipment are located partly or completely within a radius of 300 feet from the well or equipment shall be enclosed by a vision obscuring masonry wall or wood fence at least eight feet in height.
(3) In all undeveloped areas not part of a platted or proposed residential subdivision or not containing existing dwellings as specified in (l)(2) above, the vision obscuring masonry wall and wood fence may be delayed at the discretion of the Planning Commission and Council, who may at some future date require vision obscuring fences in response to changing development conditions and as a condition for the continued production of an existing well. Non-vision obscuring fences shall be chain link at least eight feet in height.
(4) Wells, production facilities and processing equipment located on a site adjacent to existing or proposed residential, commercial, or other non- residential structures or land uses, or adjacent to existing streets, roads or highways, where existing views or other aesthetic conditions are potentially damaged by the well or facilities, may be required by the Planning Commission and Council, to be enclosed by a vision obscuring masonry wall or wood fence at least eight feet in height.
(5) In addition to fine grading and the restoration of grass or other vegetative cover, the well head and all equipment sites located in non-industrially zoned areas, or in industrially zoned areas within 300 feet of non-industrial areas, shall be landscaped with shrubs and trees to create an environment and appearance compatible with the adjacent properties, neighborhood and area. Upon the recommendation of the Planning Commission after reviewing the submitted plans for restoration, fencing, and landscaping, Council shall approve the amount and type of landscaping to be provided. Existing trees and shrubs shall be preserved and utilized to as great a degree as possible in the final restoration and landscaping.
(6) Restoration, fencing and landscaping shall be completed within one year of the date drilling was initiated, in conformance with approved plans, and prior to the release of performance bonds.
(m) Maintenance Guarantee. A cash maintenance guarantee of $500.00 shall be posted with the City to ensure the maintenance of the well site and all production and processing sites during the production life of the well and until the well is capped and all equipment is removed. This guarantee may be utilized in full or in part by the City for maintenance deemed necessary by the Planning Director or City Engineer, or his designate, and not being done by the certificate holder after written notice by the City to the certificate holder indicating the nature of the problem and the time period to be allowed for the remedy. The guarantee shall be maintained at the level of $500.00 and shall be replenished to the level each time a City incurred cost is charged against it. All such City costs shall be documented, a permanent record maintained, and a copy sent to the certificate holder.
(n) Conversion, Reopening, and Deepening of Wells. No existing or abandoned well shall be deepened, reopened, or converted to any use other than its original City approved purpose unless prior approval is granted by Council.
(o) Abandoning Wells. In the event that a well is abandoned, it shall be the duty of the certificate holder, owner or lessee to notify the building and zoning inspector of such abandonment before the well has been abandoned and the equipment removed. All certificate holders shall be required to pull or plug a well site on abandonment and remove all above-ground appurtenances and return ground to original grade and condition, and follow any other rules and regulations promulgated by any department or division of the state relative to pulling, plugging and abandoning oil and gas wells. Landscaping may be preserved at the time of abandonment of the well, if feasible, and if desired by the property owner.
(p) Exceptions. A request for an exception to any provision of these regulations shall be made in writing to the City. Such request shall be studied by the Planning Commission and, where the Planning Commission feels that special conditions warrant granting such exceptions, Council shall be notified of such decisions. Granting or refusal to grant an exception to any of the provisions of this section shall rest with the discretion of the Planning Commission and shall also be approved by Council.
(q) Technical Assistance. In light of the technical and potentially complex nature of well drilling, gas and oil production and facilities maintenance, the City may need to utilize consultants, technical people, and special equipment for the evaluation and regulation of plans, operations and maintenance including such things as monitoring and measuring noise and odor levels. The costs for such consultants, technical people or special equipment shall be paid for by the applicant or certificate holder in an amount not to exceed the amount of the performance bond or maintenance bond or may be charged against the performance bond or maintenance guarantee. In the event additional money is required, these costs will be incurred only upon the prior consideration and approval by Council in consultation with the well owner, applicant, or permittee.
(r) Well and Equipment Identification. As soon as practical and no later than the initiation of production or six months from the completion of drilling, all wells and associated production and processing equipment shall be identified with a permanent and conspicuous sign indicating the well name and number, as shown on the state drilling permit, the name of the owner or permittee and the name, address and telephone number of the person or firm to be called in case of emergency.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)