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CHAPTER 113: DRILLING AND MINING
Section
General Provisions Applying to All Wells
   113.001   Purpose
   113.002   Definitions
   113.003   Oil and gas official designated
   113.004   Compliance with all federal and state law requirements
   113.005   Permit required
   113.006   Location in or obstruction of streets
   113.007   Premises to be kept clean and sanitary
   113.008   Noise regulations
   113.009   Pits
   113.010   Fence required upon completion
   113.011   Maintenance of drill site and roads
   113.012   Flaring and burning of escaping gas
   113.013   Venting
   113.014   Hazardous chemicals on drilling sites
   113.015   Emergency answering service
   113.016   Shutoff valve or switch
   113.017   Special restrictions
   113.018   Insurance required prior to drilling
General Provisions Applying to All Permit Applications
   113.030   Application and filing fee
   113.031   Application requirements
   113.032   Permitting procedure
   113.033   Location of well near residence or commercial buildings; permission of adjacent owners; waivers
   113.034   Security required
   113.035   Permit conditions
   113.036   Application denied or restricted
   113.037   Notification of issuance
   113.038   Permit term
   113.039   Completion of well
   113.040   Transfer of permit
   113.041   Termination
   113.042   Supplemental permit for deepening well
Requirements for Operating Wells
   113.055   Permit required
   113.056   Application requirements
   113.057   Annual fee
   113.058   Inspections authorized
   113.059   Minimum safety requirements
   113.060   Re-completions and stimulations
Mining
   113.075   Scope
   113.076   Mining official designated
   113.077   Permit required
   113.078   Permit issuance
   113.079   Security and insurance requirements
Compliance
   113.090   Use of security
   113.091   Revocation or suspension
   113.092   Enforcement
   113.093   Drilling and mining schedule of fees (due at the time of filing application for permit)
 
   113.999   Penalty
GENERAL PROVISIONS APPLYING TO ALL WELLS
§ 113.001 PURPOSE.
   The exploration, development and production of gas, oil and other minerals within the city are activities, which require reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. This chapter is adopted to establish reasonable and uniform limitations, safeguards and regulations of mining and the exploration and drilling for petroleum products, and the development, production, transportation and storage of petroleum products and associated substances used in such activities so as to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, and protect the quality of the environment.
(Ord. 2006-1019(2), passed 10-19-2006)
§ 113.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All technical oil and gas industry words or phrases used in this chapter and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
   CITY BLOCK. A city section, square, rectangular or other tract of land, whether vacant or built upon, and completely surrounded by streets, or otherwise designated and shown upon the plat or map of the city as a regularly constituted block, comprising a unit within itself, unattached to other property.
   CITY LIMITS. All areas within the city limits of Tool, Texas.
   COMMISSION. The Railroad Commission of Texas, or any agency of the State of Texas, which assumes the regulatory responsibilities of the Railroad Commission of Texas with respect to oil and gas drilling and production.
   COMPLETION or COMPLETION DATE. That test date shown in those forms required by the Commission to indicate that all well drilling activities are complete and the well is ready for production as the prerequisite to receiving an allowable from the Commission.
   PERMIT. A drilling permit required to be issued under this chapter as a prerequisite to beginning oil or gas drilling activity in the city limits or an annual operating permit for an operating oil or gas well.
   PERMITTEE. The person to whom a permit is issued for the drilling and operation of a well under this chapter, that person’s administrators, executors, heirs, successors and assigns.
   PERSON. Includes both the singular and the plural, and shall mean and include any person, individual, firm, partnership, association, corporation, club, society, cooperative, trust, municipal corporation or political subdivision whatsoever.
   SITE PLAN. A drawing that demonstrates the proposed operation, and includes as a minimum the following information:
      (1)   The proposed wellhead location, graphically displayed;
      (2)   The probable location of all pits;
      (3)   The probable pipeline route;
      (4)   The probable location of any separator, tank, or other similar equipment;
      (5)   The approximate size and shape of the well site (footprint);
      (6)   Specific details as to impacted vegetation, creeks and other topographic features;
      (7)   Adjacent buildings and other structures, including measured distances therefrom;
      (8)   The location of any designated floodplain, and any special flood protection equipment or flow deflectors necessary to deflect flood-carried waters where wells are located in the designated floodplain; and
      (9)   Any other surface features deemed necessary by the oil and gas official.
   WELL. Any hole or holes, bore or bores, to any sand, formation, strata or depth for the purpose of producing and recovering any oil, gas, liquid hydrocarbon or any of them.
   WELLHEAD. The exact center of the location where the driller inserts the drill bit for purposes of drilling the well; the WELLHEAD for the purposes of this chapter shall also be known as the “hole”.
(Ord. 2006-1019(2), passed 10-19-2006)
§ 113.003 OIL AND GAS OFFICIAL DESIGNATED.
   The City Council shall designate the Mayor, a Council member, or a city employee as the oil and gas official who shall be responsible for the enforcement of the provisions of this chapter.
(Ord. 2006-1019(2), passed 10-19-2006)
§ 113.004 COMPLIANCE WITH ALL FEDERAL AND STATE LAW REQUIREMENTS.
   Each permittee under this chapter, or owner or operator of any oil or gas well in the city limits of the city shall conduct all drilling and operating activities of said oil or gas well in full and complete compliance with any and all applicable state or federal laws, rules, regulations or other requirements.
(Ord. 2006-1019(2), passed 10-19-2006)
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