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HomeMy WebLinkAboutOrdinance 17361-01-2007ORDINANCE NO. i736i-01-2007 AN ORDINANCE EXTENDING TIIE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SALT WATER DISPOSAL WELLS PENDING CONSIDERATION OF REVISED R.EGIJ~LATIONS REGARDING SALT WATER DISPOSAL WELLS IN THE CURRENT GAS DRILLING ORDINANCE OF CHAPTER 15 OF THE CITY CODE; PROVIDING A SEVERADILTTY CLAITSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an December 11, 2001, the City Council adopted Ordinance Number 1d880 regulating gas drilling within the city limits of port Worth; and WHEREAS, the ordinance adopted in December of 2001 prohibited salt water disposal wells within the city limits of Fart Worth; and WHEREAS, since 2001 over f ve 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 mare 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 farce 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 wafer to be injected 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 I6, 2007 on the acceptance of applications for salt water disposal wells as regulated by the Gas Drilling Ordinance to explore the affects of and alternatives to salt water injection wells ;and WHEREAS, it is advisable to extend the moratorium to March 20, 2007, to allow the staff and City Council time to fiu~ther study all 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 Werth; and WHEREAS, all findings in Ordinance No. 17224-10-2006 are reaffirmed. NOW, TIIEREFORE, SE IT ORDAINED I1~Y THE CITY COUNCIL OF THE CITX OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. The expiration of the moratorium on acceptance of applications of ar~y type of salt water disposal wells, enacted pursuant to Ordinance Nn. 17224-10-2006, is hereby extended from January 16, 2007 to March 20, 2007 at 11:59 p.m., or until the City Council terminates the mnratorium, whichever occurs first. SECTION 2. All provisions of Ordinance No. 17224W 10~-2006, with the exccption of the expiration date extended by Section 1 of this Ordinance, shall remain in full force and effect. 2 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 ar unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, 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. SEC"TI®N 4. This ordinance shall take effect upon adoption. APPItOV II A.S T® F®R1VI ANI) )C.EGALITYe By: ~-- ~~ ~ Assistant City Att rney ADOPTED: .lanuary 9, 207 EFFECTIVE: ~ ~ ~ 3 Cif ®f ~'®~t ®r~f~, T"~~as ~ r1 rl ~ ~1 i CQUNCIL ACTT®N: Approved on 1/9/2007 -Ordinance No. 17361-01-~©07 ©ATE: Tuesday, January 09, 2007 L©G NAME: 12EXTMORATORSWD REFERENCE N®»: G-15570 SUBJECT: Adoption of Ordinance Extending the Moratorium an the Acceptance of Applications for Salt Water Disposal Wells as Regulated by Article ll, Chapter 15 of the City Code, Regarding Gas Drilling and Production ._ R1rCOMMIEN©ATION: It is recommended that the City Council adopt the attached ordinance extending the moratorium to March 20, 2007 for acceptance of applications for salt water disposal wells as regulated by Article Il, Chapter 15 of the City Cnde, regarding Gas Drilling and Production. DISCUSSION: On October 3, 2006, the City Council adapted Ordinance Nn. 17224-10-2006, establishing a 60 day moratorium on the acceptance of applications fnr salt water disposal wells as regulated by the Gas Drilling Ordinance. On December 11, 2001, the City Council adopted Ordinance Na. 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 ofi t=ort Worth. Since 2001, aver 500 permits have been issued fnr drilling and production of gas within the city limit 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 far those citizens working and living near the drilling sites. The task farce 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 iota 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. Lognanae: 12EXTMORATORSWD Page t a~2 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. An extension of the morafarium will allow staff to complete its research and receive recommendations from the industry. Adoption of the attached ordinance would extend the moratorium from January 16, 2007 to March 20, 2007. The March 2D, 2007 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 waufd not apply to applications that have been accepted by the City before the enactment of the ordinance an October 3, 2D06. FISCAL INFOFZII~ATIONICFRTIFICA~N: The Finance ©irector certifies that this action will have no material affect on City funds. TO F~€ndlAccountlCenters FROM FundlAcco~ntlCenters Submitted for Ci I~lana er's Office bv: Dale Fisseler (6266) Originating 0e artment Head: David Yett (7023) Additions[ Inforrrtation Contact: Sarah 1=ullenwider (7619) Logname: 12EXTMORATORSWD Page 2 of 2