HomeMy WebLinkAboutOrdinance 18063-04-2008ORDINANCE NO.18063-04-2008
AN ORDINANCE EXTENDING THE MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR SALT WATER DISPOSAL
WELLS PENDING CONSIDERATION OF REVISED REGULATIONS
REGARDING SALT WATER DISPOSAL WELLS IN THE CURRENT
GAS DRILLING ORDINANCE OF CHAPTER 15 OF THE CITY CODE;
PROVIDING A SEVERABLLITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on December 11, 2001, the City Council adopted Ordinance Number 14880
regulating gas drilling within the city limits of Fort Worth; and
WHEREAS, the Ordinance adopted in December of 2001 prohibited salt water disposal
wells within the city limits of Fort Worth; and
WHEREAS, since 2001 over five hundred permits have been issued for drilling and
production of gas within the city limits; and
WHEREAS, in the past five years, gas drilling and production has moved from sparsely
populated areas in the northern part of the City to more densely urbanized areas in the southern,
western and eastern portions of the City; and
WHEREAS, in December of 2005, the City Council appointed a task force composed of
representatives of the gas industry, developers and neighborhood representatives to study
revisions to the gas drilling ordinance that would improve the quality of life for those citizens
working and living near the drilling sites; and
WHEREAS, the task force recommended increasing the permitted distance requirements
for high impact permits, increasing notification to the citizens of Fort Worth, additional noise
abatement procedures, site security, signage, and other revisions that will provide additional
protections of surface property rights, but continue to allow access to the minerals; and
WHEREAS, an additional concern raised by the task force was the amount of truck
traffic on city roads as a result of drilling within the City and the hauling of salt water to salt
water disposal wells outside the city limits; and
WHEREAS, before adoption of the proposed revised Ordinance on June 13, 2006,
regulations were added to allow salt water disposal wells within the city limits in industrially
zoned districts for lease use only, provided the salt water was injected into the Ellenberger
Formation and the casing is cemented to the surface, for the purpose of reducing truck traffic
related to salt water disposal; and
WHEREAS, since the adoption of Ordinance Number 16986-06-2006, a variance
request was submitted for the City Council's consideration to allow salt water to be injected into
the Caddo Sands formation without cementing the casing to the surface, raising concerns about
surface and ground water contamination ;and
W[~REAS, on October 3, 2006, the City Council adopted Ordinance No. 17224-10-
2006, establishing a moratorium until January 16, 2007, on the acceptance of applications for salt
water disposal wells as regulated by the Gas Drilling Ordinance to explore the effects of and.
alternatives to salt water injection wells; and
WHEREAS, on January 9, 2007, the City Council adopted Ordinance No. 17361-01-
2007 extending the moratorium until March 20, 2007, on the acceptance of applications for salt
water disposal wells as regulated by the Gas Drilling Ordinance to further explore the effects of
and alternatives to salt water injection wells ;and
WHEREAS, on March 20, 2007, the City Council adopted Ordinance No. 17443-03-
2007 extending the moratorium until July 31, 2007, on the acceptance of applications for salt
water disposal wells as regulated by the Gas Drilling Ordinance to allow the staff and City
Council time to further study the impact and effects of salt water wells within the city limits, any
alternative methods available for the disposal of the salt water; and the current state laws and city
regulations for the disposal of salt water within the city limits of Fort Worth; and
WI~RIEAS, on July 24, 2007, the City Council adopted Ordinance No. 17667-07-2007
extending the moratorium until October 31, 2007, on the acceptance of applications for salt water
disposal wells as regulated by the Gas Drilling Ordinance to allow the staff time to meet with
representatives of the gas industry, developers and neighborhood representatives to discuss
alternative methods available for the disposal of the salt water; and
WHEREAS, on October 23, 2007, the City Council adopted Ordinance No. 17846-10-
2007 extending the moratorium until April 30, 2008, on the acceptance of applications for salt
water disposal wells as regulated by the Gas Drilling Ordinance to allow the staff time to meet
with representatives of the gas industry, developers and neighborhood representatives to discuss
alternative methods available for the disposal of the salt water; and
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WHEREAS, it is advisable to extend the moratorium a fifth time to October 31, 2008, to
allow the staff additional time for further discussions with representatives of the gas industry,
developers and neighborhood representatives regarding alternative methods available for the
disposal of the salt water; and
WHEREAS, all findings in Ordinance Nos. 17224-10-2006, 17361-01-2007, 17443-03-
2007, 17667-07-2007 and 17846-10-2007 are reaffirmed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
The expiration of the moratorium on acceptance of applications of any type of salt water
disposal wells, enacted pursuant to Ordinance No. 17224-10-2006, as extended by 17361-01-
2007, 17443-03-2007, 17667-07-2007 and 17846-10-2007 is hereby extended from April 30,
2008, until October 31, 2008, at 11:59 p.m., or until the City Council terminates the moratorium,
whichever occurs first.
SECTION 2.
All provisions of Ordinance No. 17224-10-2006, as extended by Ordinance No. 17361-
01-2007, 17443-03-2007, 17667-07-2007 and 17846-10-2007, with the exception of the
expiration date extended by Section 1 of this Ordinance, shall remain in full force and effect.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this Ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such
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voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
This ordinance shall take effect upon adoption.
APPRO D AS TO FORIM~A~ND LEGALITY:
Assistant City ttorney
ADOPTED: Aprii 22, 2008
EFFECTIVE: Apri122, 2008
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G-ty ®f 1~®e~ ®h, 1°exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/22/2008 -Ord. # 18063-04-2008
DATE: Tuesday, April 22, 2008
LOG NAME: 12MORATORIUMEXT REI=ERENCE NO.: G-16116
SUBJECT:
Adopt Ordinance Extending the Moratorium on the Acceptance of Applications for Salt Water
Disposal Wells as Regulated by Article II, Chapter 15, of the City Code Regarding Gas Drilling and
Production
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance extending the moratorium to October
31, 2008, for acceptance of applications for salt water disposal wells as regulated by Article II, Chapter 15
of the City Code, regarding Gas Drilling and Production.
DISGUSSION:
On October 3, 2006, the City Council adopted Ordinance No. 17224-10-2006, establishing a 60-day
moratorium on the acceptance of applications for salt water disposal wells as regulated by the Gas Drilling
Ordinance. The moratorium was extended on January 9, 2007, until March 20, 2007, by Ordinance No.
17361-01-2007; and again extended on March 20, 2007, until July 31, 2007, by Ordinance No. 17443-03-
2007. On July 24, 2007, by Ordinance No. 17667-07-2007, the moratorium was extended a third time to
October 31, 2007. On October 23, 2007, by Ordinance No. 17846-10-2007, the moratorium was extended
a fourth time to April 30, 2008.
On December 11, 2001, the City Council adopted Ordinance No. 14880 regulating the drilling and extraction
of natural gas within the city limits. The Ordinance adopted in 2001 prohibited salt water disposal wells
within the city limits of Fort Worth. Since 2001, over 500 permits have been issued for drilling and
production of gas within the city limits, and gas drilling and production has moved from sparsely populated
areas in the northern part of the City to more densely urbanized areas in the southern, western, and eastern
portions of the City.
In December of 2005, the City Council appointed a task force composed of representatives from the gas
industry, developers and neighborhood representatives to study revisions to the gas drilling Ordinance that
would improve the quality of life for those citizens working and living near the drilling sites. The task force
recommended increasing the permitted distance requirements for high impact permits, increasing
notification to the citizens of Fort Worth, additional noise abatement procedures, site security, signage, and
other revisions that would provide additional protections of surface property rights, but continue to allow
access to the minerals. An additional concern raised by the task force was the amount of truck traffic on
city roads as a result of drilling within the City and the hauling of salt water to salt water disposal wells
outside the city limits.
Before the adoption of the revised gas drilling Ordinance on June 13, 2006, regulations were added to allow
salt water disposal wells within the city limits in industrially zoned districts for lease use only, provided the
salt water was injected into the Ellenberger Formation and the casing is cemented to the surface. The
regulations were added for the purpose of reducing truck traffic related to salt water disposal.
Logname: 12MORATORIUMEXT Page 1 of 2
Since the adoption of Ordinance No. 16986-06-2006, a variance request was submitted for the City
Council's consideration to allow salt water to be injected into the Caddo Sands formation without cementing
the casing to the surface, raising concerns about possible contamination to the ground and surface water
and surrounding property.
Due to the environmental and other health and safety concerns, staff advised further study of the impacts
and effects of salt water wells within the city limits, including any alternative methods available for the
disposal of the salt water; and the current state laws and city regulations for the disposal of salt water within
the city limits of Fort Worth. In addition to researching the issue, staff met with the industry to discuss the
concerns of the City and the industry and explore possible solutions. A second extension of the moratorium
allowed staff to further explore the effects of and alternatives to salt water injection wells. A third extension
allowed staff time to meet with representatives of the gas industry, developers and neighborhood
representatives to discuss alternative methods available for the disposal of the salt water. Staff feels that
additional time is needed for further discussions with representatives of the gas industry, developers and
neighborhood representatives, and a fourth extension is advisable for that purpose.
Adoption of the attached Ordinance would extend the moratorium from April 30, 2008 to October 31, 2008.
The October 31, 2008, expiration date would maintain the status quo while the staff prepares and presents
to the City Council proposed revisions to the current Ordinance regulating salt water disposal wells within
the city limits of Fort Worth. The Ordinance would not apply to applications that have been accepted by the
City before the enactment of the Ordinance on October 3, 2006.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material affect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (8042)
Originating Department Head: David Yett (7623)
Additional Information Contact: Sarah Fullenwider (7619)
Logname: 12MORATORIUMEXT Page 2 of 2