HomeMy WebLinkAboutOrdinance 19234-07-2010ORDINANCE NO 19234-07 2010
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 SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS on December 11 2001 the Crty 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 2401 over five hundred permits have been issued for drilling and
production of gas wrthm the City limits, and
WHEREAS m the past five years, gas drilling and production has moved from sparsely
populated areas m the northern part of the City to more densely urbanized areas in the southern,
western and eastern portions of the Crty 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 dulling 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 dulling within the City and the hauling of salt water to salt
water disposal wells outside the Crty hmrts, and
WHEREAS, before adoption of the proposed revised Ordinance on June 13 2006,
regulations were added to allow salt water disposal wells wrthm the Crty hmrts m industnally
zoned distracts for lease use only provided the salt water was m~ected 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-Ob-2006 a variance
request was submitted for the City Council s consideration to allow salt water to be infected into
the Caddo Sands formation without cementing the casing to the surface, raising concerns about
surface and ground water contamination and
WHEREAS, 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 infection 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 infection 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 Dulling Ordinance to allow the staff and City
Council time to further study the impact and effects of salt water wells within the Czty 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
WHEREAS on July 24 200? 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 Dnlhng Ordinance to allow the staff lime 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
WHEREAS, in March of 2008 the City Council again appointed a task force composed
of representatives from the gas industry developers and neighborhood representatives to study
further revisions to the Gas Drilling Ordinance to continue to improve the quality of life for those
citizens working and living near the drilling sites,
2
WHEREAS on Apri122, 2008 the City Council adopted Ordinance No 18063-04-2008
extending the moratorium until October 31 2008 on the acceptance of applications for salt water
disposal wells as regulated by the Gas Dulling 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 14 2008 the City Council adopted Ordinance No 18332 10-
2008 extending the moratorium until July 31 2009 on the acceptance of applications for salt
water disposal wells as regulated by the Gas Drilling Ordinance to allow staff time to evaluate all
aspects of a pilot program with Chesapeake Operating Company involving salt water injection
and salt water pipelines, and its results, and
WHEREAS, on July 14 2009 the City Council adopted Ordinance No 18706-07 2009
extending the moratorium until January 31 2010 on the acceptance of applications for salt water
disposal wells as regulated by the Gas Drilling Ordinance to allow staff time to evaluate all
aspects of a pilot program with Chesapeake Operating Company involving salt water m~echon
and salt water pipelines, and its results, and
WHEREAS, on January 12, 2010 the Crty Council adopted Ordinance No 18989-01
2010 extending the moratorium until July 31 2010 on the acceptance of applications for salt
water disposal wells as regulated by the Gas Drilling Ordinance to allow staff lime to evaluate all
aspects of a pilot program with Chesapeake Operating Company involving salt water m~echon
and salt water pipelines, and its results, and
WHEREAS, the City is continuing its participation m the pilot program with
Chesapeake Operating Company Chesapeake has now acquired all but two tracts needed for the
right-of way for the salt water pipelines, and will be installing the recycling equipment m the
near future. In order to provide staff additional time to evaluate the operations of the salt water
pipelines and the recycling efforts, an extension to July 31 2011 is advised, and
WHEREAS, adoption of this Ordinance would extend the moratorium from July 31
2010 until July 31 2011 and maintain the status quo while the staff continues the pilot program
with Chesapeake at the Brentwood site located on East First Street next to the old Arc Park; and
WHEREAS at the direction of the Mayor and City Council, staff is working with the
community to identify a contractor to perform testing to accurately assess the source, area, and
ambient air quality impacts of gas operations within the Crty of Fort Worth. As part of this
assessment, disposal and recycling operations will be examined. The Brentwood site is currently
3
the only operational saltwater disposal and recycling site within the City of Fort Worth. By
extending the moratorium, operations will be allowed to continue so that appropriate data can be
collected to determine the impacts from this site and a fact based decision may be made as to
whether the moratorium should be lifted or a complete disposal ban should be enacted within the
City limits of Fort Worth, and
WHEREAS, following the conclusion of the pilot program, the staff would present to the
City Council proposed revisions to the current Gas Dulling Ordinance regulating salt water
disposal wells wrthm the City limits of Fort Worth, and
WHEREAS, the Ordinance would not apply to applications that were accepted by the
City before enactment of the Ordinance on October 3 2006 first estabhshmg the moratorium,
and
WHEREAS, all findings in Ordinance Nos. 17224-10-2006, 17361-01 2007 17443-03
2007 17667-07 2007 17846-10-2007 18063-04-2008, 18332 10-2008, 18706-07 2009 and
18989-01 2010 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 17846-10-2007 18063-04-2008 18332 10-2008 18706-
07 2009 and 18989-01 2010 is hereby extended from July 31 2010 to July 31 2011 at
11 59 p.m., or until the Crty Council terminates the moratorium, whichever occurs first.
SECTION 2
All provisions of Ordinance No 17224-10-2006, as extended by Ordinance No 17361
O1 2007 17443-03 2007 17667-07 2007 17846-10-2007 18063-04-2008 18332 10-2008
18706-07 2009 and 18989-01 2010 with the exception of the expiration date extended by
Section 1 of this Ordinance, shall remain in full force and effect.
4
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 ~unsdiction, such
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.
APPR AS TO FO D LEGALITY
Assistant City At rney
ADOPTED• Julv 20, 2010
EFFECTIVE. July 20, 2010
5
pity of Fort Worth, Texas
Mayor and Council Coranmunication
-__ ~.
`..COUNCIL ACTION: Approved on 7120/2010_ ="Ord. No~`19234-07-2010...._
_,-~ ~ ~ ~.~-- _~ ~~- ~ -...__~a~ ~--~-: ,tea
DATE Tuesday July 20 2010
LOG NAME 12SWDMORATORIUM9EX
REFERENCE NO G-16990
SUBJECT
Adopt an Ordinance Extending to July 31 2011 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 July
31 2011 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
DISCUSSION
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 April 22 2008 by Ordinance No 18063-04-2008 the moratorium was
extended a fifth time to October 31 2008 On October 14 2008 by Ordinance No 18332 10-2008 the
moratorium was extended a sixth time to July 31 2009 On July 14 2009 by Ordinance No 18706-07
2009 the moratorium was extended a seventh time to January 31 2010 On January 12, 2010 by
Ordinance No 18989-01 2010 the moratorium was extended an eighth time to July 31 2010
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 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.
Logname• 12SWDMORATORIUM9EX Page 1 of 3
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
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.
Further extensions 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
The City is continuing its participating in the pilot program with Chesapeake Operating Company involving
salt water injection and salt water pipelines Chesapeake has now acquired all but two tracts needed for
the right-of-way for the salt water pipelines and will be installing the recycling equipment in the near future
An extension to July 31 2011 will allow staff additional time to evaluate the operations of the salt water
pipelines and the recycling efforts Adoption of the attached Ordinance would extend the moratorium from
July 31 2010 until July 31 2011 and maintain the status quo while the staff continues the pilot program
with Chesapeake at the Brentwood site located on East First Street next to the old Arc Park.
In addition at the direction of the Mayor and City Council staff is working with the community to identify a
contractor to perform testing to accurately assess the source area and ambient air quality impacts of gas
operations within the City of Fort Worth As part of this assessment, disposal and recycling operations will
be examined The Brentwood site is currently the only operational saltwater disposal and recycling site
within the City of Fort Worth By extending the moratorium operations will be allowed to continue so that
appropriate data can be collected to determine the impacts from this site and a fact based decision may
be made as to whether the moratorium should be lifted or a complete disposal ban should be enacted
within the City limits of Fort Worth
Following the conclusion of the pilot program the staff would present to the City Council proposed
revisions to the current Gas Drilling Ordinance regulating salt water disposal wells within the City limits of
Fort Worth The Ordinance would not apply to applications that were accepted by the City before
enactment of the Ordinance on October 3 2006 first establishing the moratorium
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating Department Head.
Fernando Costa (8476)
David Yett (7623)
Lo gname: 12 S W DMORATORIUM9EX
Page 2 of 3
Additional Information Contact: Sarah Fullenwider (7619)
Logname• 12SWDMORATORIUM9EX Page 3 of 3