HomeMy WebLinkAboutOrdinance 16986-06-2006ORDINANCE NUMBER 1698.6-06-2006
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FORT WORTH, BY AMENDING ARTICLE II OF CHAPTER
15, "GAS", ENTITLED, "GAS DRILLING AND PRODUCTION,"
REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS
WITHIN THE CITY TO PROVIDE REVISED REGULATIONS
REGARDING DISTANCE, NOISE AND TECHNICAL PROVISIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE
DATE.
WI~REAS, on December 11, 2001, the City Council adopted Ordinance Number 14880
regulating gas drilling 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, the City Council appointed a task force composed of 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, increase 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, the City Council fords that the regulation of the development of gas and
other hydrocarbon substances within and under the City is necessary in order to protect the
surface property rights, to protect the owners of mineral rights and to provide for the orderly
exploration, development, and production of gas; and
WIiEREAS, is advisable to amend the current regulations for the drilling, production
and redrilling of gas so that these activities may be conducted in a manner that protects the
public health, safety and welfare of the citizens of Fort Worth, conforms with established codes
and regulations while minimizing the potential impact of surface property and mineral rights
owners; and
WHEREAS, the provisions set forth in Chapter 15 shall be considered the minimum
requirements for the development of gas and other hydrocarbon substances within and under the
City and shall not relieve any person from any duty imposed by law to use reasonable care and
precautions for the safeguarding of people and the protection of and noninterference ofproperty
rights;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
Article II to Chapter 15, "Gas" of the Code of Ordinances of Fort Worth, Texas is hereby
amended to reads as follows:
DIVISION I. PURPOSE
SEC. 15-30. PulzrosE.
The exploration, development, and production of gas in the City is an activity which
necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have
the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to
be the purpose of this Ordinance to establish reasonable and uniform limitations, safeguards and
regulations for present and future operations related to the exploring, drilling, developing,
producing, transporting and storing of gas and other substances produced in association with gas
within the City to protect the health, safety and general welfare of the public; minimize the
potential impact to property and mineral rights owners, protect the quality of the environment
and encourage the orderly production of available mineral resources.
DIVISION II. DEFINITIONS
SEC.15-31. DEFINITIONS.
All technical industry words or phrases related to the drilling and production of gas wells
not specifically defined in this Ordinance shall have the meanings customarily attributable
thereto by prudent and reasonable gas industry Operators. The following words, terms and
phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
A. Abandonment means "abandonment" as defined by the Texas Railroad Commission and
includes the plugging of the well and the restoration of any well site as required by this
Ordinance.
B. Ambient noise level means the all encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location, constituting
the normal or existing level of environmental noise at a given location.
C. Blowout preventeY means a mechanical, hydraulic, pneumatic or other device or
combination of such devices secured to the top of a well casing, including valves, fittings
and control mechanisms connected therewith, which can be closed around the drill pipe,
or other tubular goods which completely close the top of the casing and are designed for
preventing blowouts.
I). Building means any structure used or intended for supporting or sheltering any use or
occupancy. The term "building" shall be construed as if followed by the words "or
portions thereof'.
E. Cathodic protection means an electrochemical corrosion control technique accomplished
by applying a direct current to the structure that causes the structure potential to change
from the corrosion potential to a protective potential in the immunity region. The required
cathodic protection current is supplied by sacrificial anode materials or by an impressed
current system.
P. City means the City of Fort Worth.
G. City Code means the Code of the City of Fort Worth.
II. City Attorney means the City Attorney of the City of Fort Worth.
I. Closed Loop Mud System means a system utilized while drilling so that reserve pits are
not used and instead steel bins are used to collect all drilling waste.
J. Commission means the Texas Railroad Commission and all state rules.
I~. Completion of drilling, re-drilling and re-worlting means the date the work is completed
for the drilling, re-drilling or re-working and the crew is released by completing their
work or contract or by their employer.
L. Daytime means the period from 6:00 am to 7:00 pm.
1VI. Decibel (db) means a unit for measuring the intensity of asound/noise and is equal to 10
times the logarithm to the base 10 of the ratio of the measured sound pressure squared to
a reference pressure which is 20 micropascals.
N. Derrick means any portable framework, tower, mast and/or structure which is required or
used in connection with drilling or re-working a well for the production of gas.
O. Drilling means digging or boring a new well for the purpose of exploring for, developing
or producing gas or other hydrocarbons, or for the purpose of injecting gas, water or any
other fluid or substance into the earth.
P. Drilling equipment means the derrick, together with all parts of and appurtenances to
such structure, every piece of apparatus, machinery or equipment used or erected or
maintained for use in connection with drilling.
(~. Drill site means the premises used during the drilling or, re-working of a well or wells
located there and subsequent life of a well or wells or any associated operation.
R. Exploration means geologic or geophysical activities, including seismic surveys, related
to the search for gas or other subsurface hydrocarbons.
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S. FEMA means Federal Emergency Management Agency.
T. FIRM means Flood Insurance Rate Map.
U. Fire Department means the Fire Department of the City of Fort Worth.
V. Frac or Fracing means the process of fracture stimulation~a rock formation.
W. Gas means any fluid, either combustible or noncombustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarefied state at standard
temperature and pressure conditions and/or the gaseous components or vapors occurring
in or derived from petroleum or natural gas.
X. Gas well means any well drilled, to be drilled, or used for the intended or actual
production of natural gas.
Y. Inspector means the Gas Inspector designated by the City Manager of Fort Worth.
Z. Nighttime means the period between 7:00 p.m. and 6:00 a.m.
AA. Operation site means the area used for development and production and all operational
activities associated with gas after drilling activities are complete.
~)g. High Impact Permit means a permit required if the proposed well is to be located within
six hundred (600) feet of a residence, religious institution, public building, hospital
building, school or public park.
CC. Operator means, for each well, the person listed on the Railroad Commission Form W-1
or Form P-4 for a gas well that is, or will be, actually in charge and in control of drilling,
maintaining, operating, pumping or controlling any well, including, without limitation, a
unit Operator. If the Operator, as herein defined, is not the lessee under a gas lease of
any premises affected by the provisions of this Ordinance, then such lessee shall also be
deemed to be an Operator. In the event that there is no gas lease relating to any premises
affected by this Ordinance, the owner of the fee mineral estate in the premises shall be
deemed an Operator.
1)D. Person means both the singular and the plural and -means a natural person, a corporation,
association, guardian, partnership, receiver, trustee, administrator, executor, acid fiduciary
or representative of any kind.
EE. Property owner means the owner of the surface property.
FF. Protected Use means a residence, religious institution, public building, hospital building,
school or public park.
GG. Public building means all buildings used or designed to and intended to be used for the
purpose of assembly of persons for such purposes as deliberation, entertainment,
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amusement, or health care. Public buildings include, but shall not be limited to, theaters,
assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls,
museums, gymnasiums, bowling lanes, libraries, skating ~rinlcs, courtrooms, restaurants,
shopping malls, stores, and hospitals.
Public park means any land area dedicated to and/or maintained by the City for
traditional park-like recreational purposes, but shall not include privately-owned
amusement parks or privately-owned orprivately-managed golf courses.
II. Re-drill means re-completion of an existing well by deepening or sidetrack operations
extending more than one hundred fifty (150) feet from the existing well bore.
JJ. Religious Institution means any building in which persons regularly assemble for
religious worship and activities intended primarily for purposes connected with such
worship or for propagating a particular form of religious belief.
Yom. Residence means a house, duplex, apartment, townhouse, condominium, mobile home or
other building designed for dwelling purposes, including those for which a building
permit has been issued on the date the application for a Gas Well Permit is filed with the
Gas Inspector.
LL. Re-working means re-completion or re-entry of existing well within the existing bore hole
or by deepening or sidetrack operations which do not extend more than one hundred fifty
(150) feet from the existing well bore, or replacement of well liners or casings.
1VIlVI. Right-of-way means public rights-of-way including streets, easements and other property
within the City and which is dedicated to the use and benefit of the public.
NN. Rural Gas Permit means that permit required if the proposed well is located on a open
space of not less than twenty-five acres with no operations to be conducted within one
thousand feet (1,000) of a residence, religious institution, public building, hospital
building, school or public park.
®®. School means any public and private, primary and secondary educational facilities
providing education up through and including the twelfth grade level and any licensed
day care centers, meaning a facility licensed by the State of Texas or by the City of Fort
Worth that provides care, training, education, custody, treatment or supervision for more
than six children under 14 years of age, and for less than 24 hours per day.
PP. Street means any street, highway, sidewallc, alley, avenue, recessed parking area or other
public right-of--way, including the entire right-of--way.
~Q. Tanlz means a container, covered or uncovered, used in conjunction with the drilling or
production of gas or other hydrocarbons for holding or storing fluids.
RR. Technical advisor means such person(s) familiar with and educated in the gas industry or
the law as it relates to gas matters who may be retained from time to time by the City.
SS. Urban Gas Well Permit means a Gas Well Permit other than a High Impact Gas Well
Permit or Rural Gas Well Permit.
TT. Well means a hole or holes, bore or bores, to any horizon, formation, or strata for the
purpose of producing gas, liquid hydrocarbon, brine water or sulphur water, or for use as
an injection well for secondary recovery, disposal or production of gas, or other
hydrocarbons from the earth.
DIVISION III. GAS INSPECTOIZ
SEC. 15-32. GAS INSPECTOR.
A. The City Manager shall designate a Gas Inspector who shall enforce the provisions of this
Ordinance. The Gas Inspector shall have a degree in petroleum engineering with a
background in drilling and production or demonstrate a proven background in the
drilling, production, and operation of gas wells: The Gas Inspector shall have the
authority to issue any orders or directives required to carry out the intent .and purpose of
this Ordinance and its particular provisions. Failure of any person to comply with any
such order or directive shall constitute a violation of this Ordinance.
D. The Gas Inspector shall have the authority to enter and inspect any premises covered by
the provisions of this Ordinance to determine compliance with the provisions of this
Ordinance and all applicable laws, rules, regulations, standards or directives of the State
and to issue citations for violations of this ordinance. Failure of any person to permit
access to the Gas Inspector shall constitute a violation of this Ordinance. The Gas
Inspector shall conduct periodic inspections at least once a year of all permitted wells in
the City to determine that the wells are operating in accordance within proper safety
parameters as set out in this Ordinance and all regulations of the Commission.
C. The Gas Inspector shall have the authority to request and receive any records, including
any records sent to the Commission, logs, reports and the like, relating to the status or
condition of any permitted well necessary to establish and determine compliance with the
applicable Gas Well Permit. Failure of any person to provide any such requested
material shall be deemed a violation of this Ordinance.
D. The Gas Inspector shall have the authority to allow alternatives to the technical standards
of this ordinance related to public safety and welfare, such as new technology, if the
Operator has demonstrated to the Gas Inspector's satisfaction that the alternatives provide
equal or greater protection of the environment or public.
DIVISION IV. AGENT
SEC. 15-33.. OPERATOR'S AGENT.
Every Operator of any well shall designate an agent, who is a resident of the State of
Texas, upon whom all orders and notices provided in this Ordinance may be served in person or
by registered or certified mail. Every Operator so designating such agent shall within ten (10)
days notify the City Secretary in writing of any change in such agent or such mailing address
unless operations within the City are discontinued.
DIVISION V. GAS WELL PERIVIITS
SEC. 15-34. GAS WELL PERMIT REQUIRED.
A. A person wanting to engage in and operate in gas production activities shall apply for and
obtain a Gas Well Permit under this Ordinance and shall indicate what type of Gas Well
Permit is requested. It shall be unlawful for any person acting either for himself or acting
as agent, employee, independent contractor, or servant for any person to drill any well,
assist in any way in the site preparation, re-working, fracturing or operation of any such
well or to conduct any activity related to the production of gas without first obtaining a
Gas Well Permit issued by the City in accordance with this Ordinance. Such activities
include, but are not limited to re-working, initial site preparation, drilling, operation,
construction of rigs or tank batteries, fracturing and pressurizing. A permit shall not be
required far seismic surveys.
B. Operator must apply for and obtain a Gas Well Permit for the drilling, re-drilling,
deepening, re-entering, activating or converting of each well. The Operator may apply
for and obtain a "blanket" Gas Well Permit for more than one well if multiple wells are
located on the same tract of land.
C. Gas Well Permit shall not constitute authority for the re-entering and drilling of an
abandoned well. An Operator shall obtain a new Gas Well Permit in accordance with the
provisions of this Ordinance if the Operator is re-entering and drilling an abandoned well.
D. When a Gas Well Permit has been issued to the Operator for the drilling, re-drilling,
deepening, re-entering, activating or converting of a well, such Gas Well Permit shall
constitute sufficient authority for drilling, operation, production gathering or production
maintenance, repair, re-working, testing, plugging and abandonment of the well and/or
any other activity associated with mineral exploration at the site of such well, provided,
however, that a new or supplemental permit shall be obtained before such well may be
reworked for purposes of re-drilling, deepening or converting such well to a depth or use
other than that set forth in the then current permit for such well.
E. Any person who intends to re-work a permitted well using a drilling rig, to fracture
stimulate a permitted well after initial completion or to conduct seismic surveys or other
exploration activities shall give written notice to the Gas Inspector no less than ten (10)
days before the activities begin. The notice must identify where the activities will be
conducted and must describe the activities in detail, including whether explosive charges
will be used, the duration of the activities and the time the activities will be conducted.
The notice must also provide the address and 24-hour phone number of the person
conducting the activities. If requested by the Gas Inspector, the person conducting the
activities will post a sign on the property giving the public notice of the activities,
including the name, address and 24-hour phone number of the person conducting the
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activities. If the Gas Inspector determines that an inspection by the Gas Inspector is
necessary, the Operator will pay the City for the inspection.
F. A Gas Well Permit shall automatically terminate unless extended, if drilling of the well
bore has not commenced within one hundred eighty (180) days from the date of the
issuance of the Gas Well Permit. Drilling must commence within one hundred eighty
(180) days from the date of the issuance of the Gas Well Permit on at least one well under
a "blanket permit," as described in Sec. 15-34 B. in order to maintain the validity of the
Gas Well Permit for the multiple wells. A Gas Well Permit may be extended by the Gas
Inspector for an additional one hundred eighty (180) days upon request by the Operator
and proof that the classification of the requested gas well permit for such location has not
changed.
G. The Gas Well Permits required by this Ordinance are in addition to and are not in lieu of
any permit which may be required by any other provision of this Code or by any other
governmental agency.
H. No additional Gas Well Permit or filing fees shall be required for:
a) Any wells, existing, previously pernutted or approved by the City, .within the
corporate limits of the City on the effective date of this Ordinance; or
b) Any wells which drilling has commenced on the effective date of this Ordinance;
or
c) Any wells in existence or on any wells on which drilling has commenced on land
annexed into the City after the effective date of this Ordinance; or
d) Any well that was planned for the land before the 90~' day before the effective
date of its annexation and one or more licenses, certificates, permits, approvals, or
other forms of authorization by a govermnental entity were required by law for
such well and the completed application for the initial authorization was filed
before the date the annexation proceedings were instituted.
A person shall have forty-five (45) days after the enactment of this Ordinance or
annexation into the City to designate a gas operation as a preexisting operation.by filing a
site plan drawn to scale that shows the proposed location of the well with respect to
survey lines and the proposed associated production facilities, if any, with the Gas
Inspector.
I. No Gas Well Permit shall be issued for any well to be drilled within any public park
without the prior consent of the City Council. The City Council shall review the
insurance and security requirements on an individual basis prior to issuing the permit.
J. No Gas Well Permit shall be issued for any well to be drilled within any floodplain or
floodway identified by FEMA on the most current FIRM:
a) Without obtaining a floodplain development permit from the Engineering
Department; and
b) Without obtaining approval to apply for a gas well permit in the floodway from
the City Council.
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K. No Gas Well Permit shall be issued for a High Impact Permit unless the pad site is graded
in such a way as to comply with the following:
a) Any fill material shall not be higher than the highest elevation along the perimeter
of the adjacent tracts, parcels or platted lots, however; fill material placed on pad
sites shall not exceed three (3) feet in height above the highest elevation along the
perimeter of the adjacent tracts, parcels or platted lots.
b) The slope of the fill material is a maximum ratio of three (3) feet horizontal to one
(1) foot vertical, unless a retaining wall system built in compliance with the city
code and regulations is in place.
c) Fill material must be leveled and graded for positive drainage.
d) The placement of fill material may not cause the release of dust and/or odor
damage any public improvements or public infrastructure; or be placed in a flood
plain or flood way without a valid permit; result in flooding or significant increase
in runoff to adjacent properties in accordance to state law.
e) Erosion control measures must be implemented to prevent any off site migration
of silt and sediment.
The Engineering Department may grant an administrative waiver to the above
regulations.
L. No Gas Well Permit shall be issued for any well to be drilled on City owned property
without the prior consent of the City Council. The City Council shall review the
insurance and security requirements on an individual basis prior to issuing the permit.
M. Gas Well Pad Site Permit. At the time the Operator submits an application for the
issuance of a gas well permit, the Operator, at his option, may also request the issuance of
a gas well pad site permit. Gas pad site permits applications and gas wells drilled on a
permitted pad site shall comply with the following:
a) If the pad site is located within six hundred (600) feet of a Protected Use at the
time of the filing of a pad site permit application, the applicant must comply with
all regulations of a high impact gas well pernvt, including a variance granted by
the City Council or waivers obtained from all Protected Uses within a six hundred
(600) foot radius before the Pad Site Permit maybe issued.
b) Notice that a gas well pad site permit application has been filed with the City
must be included in any notice to property owners and in the published newspaper
notice as required by the initial gas well permit.
c) All pad site permits must be filed of record by the Operator, at his expense in the
applicable county deed records and indicated on all applicable plats filed in the
deed records. Each filed pad site permit shall contain the address, -lot and block,
subdivision name and plat volume and page of each lot, tract or parcel located
within one thousand (1000) feet of the pad site permit.
d) Prior to the issuance of a Pad Site permit by the City, the Operator must place at
least one sign on the property located in a conspicuous place or places upon the
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property at a point or points visible from the nearest any right-of--way, street,
roadway, public thoroughfare or Protected Use adjacent to such property. The
Gas Inspector may require additional signage if the pad site fronts on more than
one right-of--way, street, roadway, or public thoroughfare. The sign shall indicate
that a Pad Site Permit to drill multiple wells for gas on this site has been issued,
and shall further set forth that additional information can be acquired by
telephoning the applicant/Operator at the number indicated on the sign. The sign
shall remain posted at the pad site for the duration of the Pad Site Permit
e) Prior to the commencement of drilling of a future gas well on a permitted Gas
Well pad site, the Operator must submit an application for the issuance of a Gas
Well permit, for each such future well, in accordance with this ordinance.
fj All future gas wells drilled on a permitted gas well pad site permit shall comply
with all the then current applicable well classification regulations, including the
notice and landscape provisions, and all other provisions of this ordinance, except
for the distance setback requirements related to drilling a well from a Protected
Use. All additional wells that are within six hundred (600) feet of a Protected
Use, must comply with all regulations regarding a High Impact Gas Well, except
that no variance or waiver for a distance setback shall be required, however no
well shall be drilled closer than two hundred (200) feet from any Protected Use.
If the proposed well bore is between six hundred (600) and one thousand (1,000)
feet,. all regulations regarding an Urban Gas Well shall apply and if the well is
greater than one thousand (1,000) feet from any Protected Use all regulations
regarding a Rural Gas Well shall apply, except for the distance setback
requirements.
g) No gas well pad site permit shall be issued for a gas well pad site greater than five
(5) acres in surface area or the amount of surface area acreage included in the
surface use agreement, whichever is larger.
h) All wells will be set back a minimum of seventy-five (75) feet from the outer pad
site permit boundary.
i) The Pad Site Permit shall automatically terminate if drilling of the initial well
bore has not commenced within one hundred eighty (180) days from the date of
the issuance of the Gas Well Permit unless the initial Gas Well Permit is extended
by the Gas Inspector for an additional one hundred eighty (180) days upon request
by the Operator.
j) The issuance of a gas well pad site permit is for the sole purpose of allowing
future wells to be drilled on an existing pad site and within six hundred (600) feet
of Protected Uses without obtaining waivers and/or variances as set forth in
Section 15-42 of this Ordinance. All gas wells drilled upon a permitted gas well
pad site must otherwise comply with any drilling distance regulations from a
Protected Use or other structure as required by state law and applicable fire code
regulations and all other provisions of this Ordinance.
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N. By acceptance of any Gas Well Pernvt issued pursuant .to this Ordinance, the Operator
expressly stipulates and agrees to be bound by and comply with the provisions of this
Ordinance. The terms of this Ordinance shall be deemed to be incorporated in any
Gas Well Permit issued pursuant to this Ordinance with the same force and effect as if
this Ordinance was set forth verbatim in such Gas Well Permit.
SEC. 15-35. GAS WELL PERMIT APPLICATION AND FILING FEES.
A. Every application for a Gas Well Permit issued pursuant to this Ordinance shall be in
writing signed by the Operator, or some person duly authorized to sign on his behalf, and
filed with the Gas Inspector.
B. Every application shall be accompanied by a permit fee as set forth in the City Code of
Ordinances, Chapter 15, "Gas", Article III, "Gas Drilling and Production Fees.
C. The application shall include the following information:
1) The date of the application and type of Gas Well Permit requested.
2) An accurate legal description of the lease property to be used for the gas
operation, the parcel and the production unit and name of the geologic formation
as used by the Commission. Property recorded by plat should reference
subdivision, block and lot numbers.
3) Map showing proposed transportation route and road for equipment, chemicals or
waste products used or produced by the gas operation.
4) Proposed well name.
5) Surface owner narnes(s) and address(es) of the pad site property.
6) Operator/Applicant name and address and if the Operator is a corporation, the
state of incorporation, and if the Operator is a partnership, the names and
addresses of the general partners.
7) Name and address of individual designated to receive notice.
8) Name of representative with supervisory authority over all gas operation site
activities and a 24-hour phone number.
9) Location and description of all improvements and structures within six hundred
(600) feet of the well.
10) Owner and address of each parcel of property within six hundred (600) feet of the
proposed drill site.
11) A site plan of the proposed operation site showing the location of all
improvements and equipment, including the location of the proposed well(s) and
other facilities, including, but not limited to, tanks, pipelines, compressors,
separators, lights, storage sheds, fencing and any access roads. The site plan shall
also indicate any floodway, floodplain or City recognized drainage ways and the
elevation and slope of the pad site which indicates compliance with the then
current Fill Ordinance.
12) The name, address and 24-hour phone number of the person to be notified in case
of an emergency.
13) The exact and correct acreage and number of wells, if applicable, included in the
Gas Well Permit application.
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14) Copies of all reports required by the Commission as required by the Gas
Inspector.
15) An original executed City-wide Road Maintenance Agreement signed and
approved by the City must be filed with the City Secretary that provides that the
Operator shall repair, at his own expense, any damage to roads, streets, or
highways caused by the use of heavy vehicles for any activity associated with the
preparation, drilling, production, and operation of gas wells.
16) A description of public utilities required during drilling and operation.
17) A description of the water source to be used during drilling.
18) A copy of the approved Commission permit to drill together with attachments and
survey plats which are applicable to the drill and operation sites.
19) A copy of the Stormwater Pollution Prevention Plan as required by the
Environmental Protection Agency. A copy of the notice of intent shall be
submitted to the City of Fort Worth, Department of Environmental Management,
Stormwater Division, three (3) days prior to the commencement of any onsite
activity.
20) A copy of the determination by the Texas Commission On Environmental Quality
(TCEQ) of the depth of useable quality ground water.
21) Evidence of insurance and security requirements under this Ordinance.
22) A statement, under oath, signed by the Operator, or designated representative, that
the information submitted with the application is, to the best knowledge and belief
of the Operator or designated representative, true and correct.
23) All required application and Gas Well Permit fees.
SI+ C. 15-36. GAS WELL PERMTT CLASSIFICATIONS.
I. I'IIGH IMPACT GAS WELL PERMIT.
A. A High Impact Gas Well Permit shall be required if the proposed well is to be located six
hundred (600) feet of a residence, religious institution, public building, hospital building,
school or public park.
A High Impact Gas Well Permit shall not be issued for any well to be drilled within six
hundred (600) feet of a residence, religious institution, public building, hospital building,
school or public park without:
1) A waiver granted by the City Council after notice and public hearing as
required by this section; or
2) The written consent from all the Protected Use property owners filed in
the applicable county deed records as required by this section.
This provision applies to any existing residence, religious institution, public building,
hospital building, school or public park or where a building permit has been issued for a
Protected Use on the date the application for a permit is filed with the Gas Inspector.
For the purpose of a High Impact Gas Well Permit the measurement of the six hundred
(600) foot distance shall be made from the well bore, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of the building or boundary
line of a public park.
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B. Application Requirements.
An application for a High Impact Gas Well .Permit shall include the following
information:
1) All the requirements of Sec. 1S-3S of this Ordinance;
2) A detailed site plan that includes all the information required in Section 1S-3S, but
also includes specific details to the projected location of the major components of
the drilling site, impacted vegetation, creeks and other topographic features,
compliance with the landscaping requirements as set out in Section 15-43 of this
Ordinance, adjacent building and other structures and the measured distance from
the well site to these buildings and structures, temporary and permanent fencing
and landscaping;
3) A detailed landscape site plan for review and approval by the City Council, if the
proposed landscaping will not comply with the landscaping requirements as set
out in Section 15-43 of this Ordinance, including the location of the access road
and lights and fencing on the site;
4) A11 drill sites must be identified on plat(s) filed with the applicable county deed
records; and
S) A letter to the Assistant Director of Development Applications requesting a public
hearing to obtain a High Impact Gas Well Permit from City Council or a copy of
the written notarized waivers from the Protected Uses within six hundred (600)
feet of the proposed well and evidence of filing of each waiver in the applicable
county deed records.
C. Permitting Procedure for Request of Waiver for High Impact Permit by the City
Council.
1) Within forty-five (4S) days of receipt of a complete application, a site plan and a
request for a waiver to drill a High Impact gas well, the Gas Inspector shall place the
matter on the City Council agenda for a public hearing and give notice by mail of the
time, place and purpose thereof to the applicant and any other party who has requested in
writing to be so notified. The forty-five (4S) day period shall not begin to run until the
applicant/Operator has provided the Gas Inspector with a complete application package.
2) At least twenty (20) days, and no more than thirty (30) days prior to the date of
the public hearing before the City Council for a waiver and the issuance of High Impact
Gas Well Permit under this Ordinance, the City shall notify, at Operator's expense, each
surface owner of property, as shown by the current City of Fort Worth Fire Department
address system and the current tax rolls within one thousand (1000) feet of the proposed
well not owned by or under lease to the Operator and the hearing date and time. The
notice, shall contain the information as outlined below and shall also include the date and
time of the next monthly informational meeting at City Hall, an Internet link for
information on gas drilling, the number of wells requested by the applicant, that drilling
may commence within 180 days for the issuance of the permit, and contact telephone
numbers for City staff and the Operator/Applicant. Such notice shall be deposited
properly addressed and postage paid, in the United States mail. Notice shall be sent by
13
the City to all registered neighborhood associations within one-half mile of the proposed
drill site.
3) At least fifteen (15) days, and no more than twenty (20) days prior to the date of
the public hearing before City Council for a High Impact Gas Well Permit under this
Ordinance, Operator shall publish a copy of the notice as outlined below, at Operator's
expense, in one issue of the local section of a newspaper of general circulation in the
City, for ten (10) consecutive days. An affidavit by the printer or publisher of the
newspaper indicating publication of the notice shall be filed with the application and will
be prima facie evidence of such publication. The notice shall read as follows:
"Notice is hereby given that, acting under and pursuant to the Ordinances of the
City of Fort Worth, Texas, on the day of
20_, filed with
the Gas Inspector of the City of Fort Worth, an application for a High Impact Gas
Well Permit to drill, complete and operate a well for gas upon property located at
County, Fort
Worth, Texas, more particularly shown on the map of record in Volume
Page ,Plat records of County, Texas or
per Tax Tract Number County, Texas. The City
Council will conduct a public hearing on the request for said permit on the
day of 20 at o'clock _.m. in the City
Council Chambers located at 1000 Throckmorton Street, Fort Worth, Texas. A
public informational meeting on gas drilling and permitting will be held in the
City Council Chambers at City Hall at 1000 Throckmorton Street, on the
day of , 20 , at o'clock _.m.
4) At least twenty (20) days prior to the date of the public hearing before City
Council for a High Impact Gas Well Permit under this Ordinance the Operator shall, at
Operator's expense, erect at least one sign, no less than three feet by three feet, upon the
premises upon which a High Impact Gas Well Permit has been requested. Where
possible, the sign or signs shall be located in a conspicuous place or places upon the
property at a point or points nearest any right-of--way, street, roadway or public
thoroughfare adjacent to such property. The Gas Inspector may require additional
signage if the premise fronts on more than one right-of--way, street, roadway, or public
thoroughfare.
a) The sign(s) shall substantially indicate that a High Impact Gas Well
Permit to drill for gas has been requested and state the date, time and place
of the public hearing, and shall further set forth that additional information
can be acquired by telephoning the applicant/Operator at the number
indicated on the sign.
b) The continued maintenance of any such sign(s) shall not be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
c) The sign shall remain posted at the pad site for the duration of the High
Impact Gas Well Permit.
14
5) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
6) After a High Impact Permit application and site plan is submitted, the Gas
Inspector shall evaluate the public impact of the proposed activity. The Gas Inspector
shall consider the proposed site and the proposed operations or drilling program and shall
draft recommended restrictions or conditions, including minimum separation distance for
drilling or other operations, special safety equipment and procedures, recommended noise
reduction levels, screening and any other requirements the Gas Inspector deems
appropriate. The recommendation shall be submitted to the City Council for
consideration prior to the public hearing along with evidence that timely actual notice of
the hearing was given to all persons as required by this Ordinance
7) At the public hearing and before the City Council considers the merits of the
application and the recommendations of the Gas Inspector, the applicant/Operator shall
provide evidence of a certificate of publication establishing timely publication of the
notice of the hearing, and that the applicant/Operator has otherwise complied with or
satisfied all other requirements of this Ordinance, including full and complete compliance
with the insurance and security requirements.
8) The burden of proof on all matters, except notice, considered in the hearing shall
be upon the applicant/Operator.
9) The City Council shall review the application and any other related information.
The City Council shall consider the following in deciding whether to grant a waiver and
authorize the issuance of a High Impact Gas Well Permit:
a) Whether the operations proposed are reasonable under the circumstances
and conditions prevailing in the area considering the particular location
and the character of the improvements located there;
b) Whether the drilling of such wells would conflict with the orderly growth
and development of the City;
c) Whether there are other alternative well site locations that would allow
reasonable access to explore, develop and produce the mineral estate
without creating mineral waste;
d) Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the High
Impact Gas Well Permit conditions to be imposed;
e) Whether there is accessible access for the City fire personnel and fire
fighting equipment; and
f) Whether the impact upon the adjacent property and the general public by
operations conducted in compliance with the Gas Well Permit conditions
are reasonable and justified, balancing the following factors:
1) The right of the owners(s) of the mineral estate to explore,
develop, and produce the minerals; and
2) The availability of alternative drill sites, both presently and at other
times during the lease term;
g) The recommendations of the Gas Inspector.
15
10) The City Council may require an increase in the operator/applicant's proposed
distance that the well is to be setback from any residence, religious institution, public
building, hospital building, school or public park. or require any change in operation,
plan, design, layout or any change in the on-site and technical regulations in Sections 15-
42 and 15-43 of this Ordinance, including fencing, screening, lighting, delivery times,
noise levels, tank height, or any other matters reasonably required by public interest.
11) The City Council may accept, reject or modify the application in the interest of
securing compliance with this Ordinance, the City Code and/or to protect the health,
safety and welfare of the community.
D. Permitting Procedure for a High Impact Permit by Waiver of Protected Uses.
1) No application for a High Impact Permit by Waiver of Protected Uses shall be
accepted unless the written notarized waivers are obtained from all Protected Use
property owners within six hundred (600) feet of the proposed well site. Written
notarized waivers granted by the all the Protected Use property owners within a six
hundred (600) foot radius around the proposed well must be filed, at the expense of the
operator, in the applicable county records. All waivers must identify the property address,
block and lot number, subdivision name and plat volume and page number. Copies of
filed Protected Use property owner waivers must be submitted with the filing of a
completed application for a High impact Permit.
If the Operator fails to obtain written waivers from all property owners within a six
hundred (600) foot radius around the proposed well, the Operator must submit a request
for a waiver to drill a High Impact gas well from City Council pursuant to the
requirements of subsection C of this Section or modify the well location to comply with
either an Urban Gas Well Permit or Rural Gas Well Permit.
2) Upon receipt of copies of all Protected Use waivers filed in the applicable county
deed records and a completed application by the Operator, the City shall notify, at
Operator's expense, each surface owner of property as shown by the current City of Fort
Worth Fire Department addresses within one thousand (1000) feet of the proposed well
not owned by or under lease to the Operator.
The notice, shall contain the information as outlined below and shall also include the date
and time of the next monthly informational meeting at City Hall, an Internet link for
information on gas drilling, the number of wells requested by the applicant, that drilling
may commence within 180 days from the issuance of the permit, and contact telephone
numbers for the City staff and Operator/Applicant. Notice shall be sent by the City to all
registered neighborhood associations within one-half mile of the proposed drill site.
3) At least ten (10) days prior to the date of filing of an application for a High
Impact Permit by Protected Use Waiver under this Ordinance with the Gas Inspector,
Operator shall publish a copy of the notice as outlined below, at the expense of the
Operator, in one issue of the local section of a newspaper of general circulation in the
City, for ten (10) consecutive days. An affidavit by the printer or publisher of the
16
newspaper indicating publication of the notice shall be filed with the application and will
be prima facie evidence of such publication. The notice shall read as follows:
"Notice is hereby given that, acting under and pursuant to the Ordinances of the
City of Fort Worth, Texas, on the day of
20~ an
application was filed with the Gas Inspector of the City of Fort Worth, an
application to drill, complete and operate a well for gas upon property located at
County, Fort
Worth, Texas, more particularly shown on the map of record in Volume
Page ,Plat records of County, Texas or
per Tax Tract Number County, Texas. Written
waivers from all Protected Use property owners within six hundred feet of the
proposed well were filed in the applicable county deed records. A public
informational meeting on gas drilling and permitting will be held in the City
Council Chambers at City Hall at 1000 Throckmorton Street, on the day
of , 20_, at o'clock _.m.
4) At least ten (10) days prior to, but not more than thirty (30) days, the date of filing
of an application for a High Impact Gas Well Permit under this Section with the Gas
Inspector, the Operator, at Operator's expense, shall erect at least one sign, no less than
three feet by three feet, upon the premises upon which an High Impact Gas Well by
Protected Use Waiver Permit has been requested. Where possible, the sign or signs shall
be located in a conspicuous place or places upon the property at a point or points nearest
any right-of--way, street, roadway or public thoroughfare adjacent to such property. The
Gas Inspector may require additional signage if the premise fronts on more than one
right-of--way, street, roadway, or public thoroughfare.
a) The sign(s) shall substantially indicate that a High Impact Gas Well
Pernut by Protected Use Waiver to drill for gas has been requested and
shall further set forth that additional information can be acquired by
telephoning the Operator at the number indicated on the sign.
b) The continued maintenance of any such sign(s) shall not be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
c) Any sign(s) shall be removed subsequent to final action by the Gas
Inspector or the City Council.
5) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
E. Wells setbacks for High Impact Gas Well Permit.
It shall be unlawful to drill any well, the center of which, at the surface of the ground, is
located within six hundred (600) feet from any public park (unless prior consent is
obtained from the City Council to drill in a public park pursuant to Sec. 15-34 I) or from
17
any residence, religious institution, public building, hospital building or school for which
a building permit has been issued on the date of the application for a drilling permit is
filed with the Gas Inspector.
The distance shall be calculated from the well bore, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of the building or boundary
line of a public park.
This setback distance may be reduced, but never less than two hundred (200) feet, from
any residence, religious institution, public building, hospital building, school or public
park with a:
1) Waiver granted by the City Council; or
2) Written notarized waiver granted by the all the Protected Use property
owners within a six hundred (600) foot radius around the proposed well
pursuant to this Section. All waivers must identify the property address,
block and lot number, subdivision name (if applicable) and plat volume
and page and be filed, at the expense of the operator, in the applicable
county records prior to the application of High Impact Permit.
Tank batteries, well facilities and equipment shall be located at least one hundred (100)
feet from any public park (unless prior consent is obtained from the City Council to drill
in a public park pursuant to Sec. 15-34 I) or from any residence, religious institution,
public building, hospital building or school for which a building permit has been issued
on the date of the application for a drilling permit is filed. The distance shall be
calculated from the closest tank batteries, well facilities and/or equipment, in a straight
line, without regard to intervening structures or objects, to the closest exterior point of the
building.
F. p'encing for High Impact Gas Well Permit.
Fencing must comply with the requirements as outlined in Section 15-43 of this
Ordinance.
G. Landscaping.
Landscaping and irrigation shall be installed in compliance with the requirements as
outlined in Section 15-43 of this Ordinance. The Operator/applicant may request a
wavier from the requirements of Section 15-43 of this Ordinance by submitting a detailed
site plan for review and approval by the City Council. All hearings requesting approval
for an alternate landscape plan by the City Council shall follow the notice requirements
for the public hearing waiver process by City Council as set out in this section.
H. Vehicle Routes for High Impact Gas Well Permit.
Vehicles associated with drilling and/or production in excess of three tons shall be
restricted to such streets designated as either truck routes or commercial delivery routes
by the City Code wherever capable of being used. The vehicles shall be operated on a
truck route wherever capable of being used; they shall be operated on a commercial
18
delivery route only when it is not possible to use a truck route to fulfill the purpose for
which such vehicle is then being operated. Commercial delivery route means any street
or highway so designated by the City Council for the use by any commercial motor
vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof.
I. Work Hours for High Impact Gas Well Permit.
Site development, other than drilling, shall be pursuant to this ordinance under Technical
Regulations, Section 15-42, "Work hours for site development". Truck deliveries of
equipment and materials associated with drilling and/or production, well servicing, site
preparation and other related work conducted on the well site shall be limited to daytime
hours except in cases of fires, blowouts, explosions and any other emergencies or where
the delivery of equipment is necessary to prevent the cessation of drilling or production.
J. 'Tank Specifications for High Impact Gas WeII Permit.
All tanks and permanent structures shall conform to the American Petroleum Institute
(A.P.I.) specifications unless other specifications are approved by the Fire Chief. The top
of the tanks shall be no higher than eight (8) feet above the terrain surrounding the tanks.
All tanks shall be set back pursuant to the standards of the Commission and the National
Fire Protection Association, but in all cases, shall be at least twenty-five (25) feet from
any public right-of--way or property line.
I~. Closed Loop 1VIud Systems.
A Closed Loop Mud System shall be used in conjunction with all drilling and reworking
operations for all High Impact Gas Well Permits unless waived by the City Council.
L. All other provisions outlined in this Ordinance shall be required.
H. URBAN GAS WELL PERMIT.
A. An Urban Gas Well Permit shall be required for all wells not included within the
definition of a High Impact Gas Well Permit or Rural Gas Well Permit.
B. Notice for Urban Gas Well Permit.
1) At least ten (10) days after to the date of filing of an application for an Urban Gas
Well Permit with the Gas Inspector under this Ordinance, City shall notify, at the expense
of the Operator, each surface owner of property, as shown by the current City of Fort
Worth Fire Department address system and current tax roll within one thousand (1000)
feet of the proposed well not owned by or under lease to the Operator. Such notice, as
outlined below, shall be by depositing the same, properly addressed and postage paid, in
the United States mail.
The notice, shall contain the information as outlined below and shall also include the date
and time of the next monthly informational meeting at City Hall, an Internet link for
information on gas drilling, the number of wells requested by the applicant, that drilling
19
may commence within one hundred eighty (180) days from the issuance of the permit,
and contact telephone numbers for City staff and Operator/Applicant. Notice shall be
sent to all registered neighborhood associations within one-half mile of the proposed drill
site.
2) At least ten (10) days prior to the date of filing of an application for an Urban Gas
Well Permit under this Ordinance with the Gas Inspector, Operator shall publish a copy
of the notice as outlined below, at the expense of the Operator, in one issue of the local
section of a newspaper of general circulation in the City, for ten (10) consecutive days.
An affidavit by the printer or publisher of the newspaper indicating publication of the
notice shall be filed with the application and will be prima facie evidence of such
publication. The notice shall read as follows:
"Notice is hereby given that, acting under and
City of Fort Worth, Texas, on
20_, _
with the Gas Inspector of the City of Fort Worth, an application to drill, complete
and operate a well for gas upon property located at
County, Fort
Worth, Texas, more particularly shown on the map of record in Volume
Page ,Plat records of County, Texas or
per Tax Tract Number County, Texas. A public
informational meeting on gas drilling and permitting will be held in the City
Council Chambers at City Hall at 1000 Throckmorton Street, on the day
of , 20 , at o'clock _.m.
3) At least ten (10) days prior to, but not more than thirty (30) days, the date of filing
of an application for an Urban Gas Well Permit under this Ordinance with the Gas
Inspector, the Operator, at Operator's expense, shall erect at least one sign, no less than
three feet by three feet, upon the premises upon which an Urban Gas Well Permit has
been requested. Where possible, the sign or signs shall be located in a conspicuous place
or places upon the property at a point or points nearest any right-of--way, street, roadway
or public thoroughfare adjacent to such property. The Gas Inspector may require
additional signage if the premise fronts on more than one right-of--way, street, roadway,
or public thoroughfare.
a) The sign(s) shall substantially indicate that an Urban Gas Well Permit to
drill for gas has been requested and shall further set forth that additional
information can be acquired by telephoning the Operator at the number
indicated on the sign.
b) The continued maintenance of any such sign(s) shall not be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
c) The sign shall remain posted at the pad site for the duration of the Urban
Gas Well Permit.
pursuant to the Ordinances of the
the day of
will file
20
4) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
C. Fencing and Landscaping for Urban Gas Well Permit.
Fencing and landscaping must comply with the requirements as outlined in Section 15-43
of this Ordinance.
I~. Vehicle Routes for Urban Area Gas Well Permit.
Vehicles associated with drilling and/or production in excess of three tons shall be
restricted to such streets designated as either truck routes or commercial delivery routes
by the City Code wherever capable of being used. The vehicles shall be operated on a
truck route wherever capable of being used; they shall be operated on a commercial
delivery route only when it is not possible to use a truck route to fulfill the purpose for
which such vehicle is then being operated. Commercial delivery route means any street
or highway so designated by the City Council for the use by any commercial motor
vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof.
E. Tank Specifications for Urban Gas Well Permit.
All tanks and permanent structures shall conform to the American Petroleum Institute
(A.P.I.) specifications unless other specifications are approved by the Fire Chief. The top
of the tanks shall be no higher than eight (8) feet above the terrain surrounding the tanks.
All tanks shall be set back pursuant to the standards of the Commission and the National
Fire Protection Association, but in all cases, shall be at least twenty-five (25) feet from
any public right-of--way or property line.
F. Work Rours for Urban Gas Well Permit.
Site development, other than drilling, shall be accomplished pursuant to this ordinance
under Technical Regulations, Section 15-42, "Work hours for site development". Truck
deliveries of equipment and materials associated with drilling and/or production, well
servicing, site preparation and other related work conducted on the well site shall be
limited to daytime hours except in cases of fires, blowouts, explosions and any other
emergencies or where the delivery of equipment is necessary to prevent the cessation of
drilling or production.
G. All other provisions outlined in this Ordinance shall be required.
1[hI. RURAL GAS WELL PERMIT.
A. A Rural Gas Well Permit shall be required if the proposed well is located on an open
space of not less than twenty-five acres and no operations on the operation site are to be
conducted within one thousand (1,000) feet of a public park or any residence, religious
institution, public building, hospital building or school.
21
B. Notice for Rural Gas Well Permit.
1) At least ten (10) days prior to the date of filing of an application for an Urban Gas
Well Permit under this Ordinance with the Gas Inspector, Operator shall publish a copy
of the notice as outlined below, at the expense of the Operator, in one issue of the local
section of a newspaper of general circulation in the City, for ten (10) consecutive days.
An affidavit by the printer or publisher of the newspaper indicating publication of the
notice shall be filed with the application and will be prima facie evidence of such
publication. The notice shall read as follows:
"Notice is hereby given that, acting under and pursuant to the Ordinances of the
City of Fort Worth, Texas, on the day of
20_, will file
with the Gas Inspector of the City of Fort Worth, an application to drill, complete
and operate a well for gas upon property located at
County, Fort
Worth, Texas, more particularly shown on the map of record in Volume
Page ,Plat records of County, Texas or
per Tax Tract Number County, Texas. A public
informational meeting on gas drilling and permitting will be held in the City
Council Chambers at City Hall at 1000 Throclcmorton Street, on the day
of , 20 , at o'clock .m.
2) At least ten (10) days -prior to, but not more than thirty (30) days, the date of
filing with the Gas Inspector an application for a Rural Gas Well Permit under this
Ordinance, the Operator shall erect at least one sign, no less than three feet by three feet,
upon the premises upon which a Rural Gas Well Permit has been requested. Where
possible, the sign or signs shall be located in a conspicuous place or places upon the
property at a point or points nearest any right-of--way, street, roadway or public
thoroughfare adjacent to such property. The Gas Inspector may require additional signage
if the premise fronts on more than one right-of--way, street, roadway, or public
thoroughfare.
a) The sign(s) shall substantially indicate that a Rural Gas Well Permit to
drill for gas has been requested and shall further set forth that additional
information can be acquired by telephoning the Operator at the number
indicated on the sign.
b) The continued maintenance of any such sign(s) shall not be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
c) The sign shall remain posted at the pad site for the duration of the Rural
Gas We11 Permit.
3) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
22
C. Fencing for Rural Gas Well Permit.
Fencing must comply with the requirements as outlined in Section 15-43 of this
Ordinance.
D. Vehicle Routes for Rural Gas Well Permit.
Vehicles associated with drilling and/or production in excess of three tons shall be
restricted to such streets designated as either truck routes or commercial delivery routes
by the City Code wherever capable of being used. The vehicles shall be operated on a
truck route wherever capable of being used; they shall be operated on a commercial
delivery route only when it is not possible to use a truck route to fulfill the purpose for
which such vehicle is then being operated. Commercial delivery route means any street
or highway so designated by the City Council for the use by any commercial motor
vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof.
E. Tank Specifications for Rural Gas Well Permit.
All tanks and permanent structures shall conform to the American Petroleum Institute
(A.P.I.) specifications unless other specifications are approved by the Fire Chief. The top
of the tanks shall be no higher than fifteen (15) feet above the terrain surrounding the
tanks. All tanks shall be set back pursuant to the standards of the Commission and the
National Fire Protection Association, but in all cases, shall be at least twenty-five (25)
feet from any public right-of--way or property line.
F. All other provisions outlined in this Ordinance shall be required.
Sl+ C. 15-37. ISSUANCE OF GAS WELL PERMITS.
A. It is the responsibility of the Gas Inspector to review and approve or disapprove all
applications for gas well drilling permits based on the criteria established by this
Ordinance. The Gas Inspector, within thirty (30) days after the filing of a completed
application and remittance of all fees, insurance and security per the requirements of this
Ordinance for a Gas Well Permit, shall determine whether or not the application complies
in all respects with the provisions of this Ordinance and determine if the proposed well to
be drilled or the facility to be installed is in compliance with the distance requirements
for the requested Gas Well Permit on the date the completed application is received by
the Gas Inspector.
B. Failure of the Gas Inspector to complete the review and issue a Gas Well Permit within
the time limits specified above shall not cause the application for the Gas Well Permit to
be deemed approved.
C. The provisions of this Ordinance shall apply to any dwellings or buildings for which an
application for a building permit has been submitted on the date the application for a Gas
Well Pernut is filed with the Gas Inspector.
23
1). If all the requirements of this Ordinance are met, the Gas Inspector shall issue a Gas Well
Permit for the drilling of the well or the installation of the facilities applied for.
E. If the Gas Inspector denies a Urban or Rural Gas Well Permit application for reasons
other than lack of required distance as set out in this Ordinance for the requested Gas
Well Permit, he shall notify the Operator in writing of such denial stating the reasons for
the denial. Within thirty (30) days of the date of the written decision of the Gas Inspector
to deny the Gas Well Permit, the Operator may: 1) cure those conditions that caused the
denial and resubmit the application to the Gas Inspector for approval and issuance of the
Gas Well Permit; or 2) file an appeal to the City Council under the provisions outlined in
this Ordinance pursuant to Sec. 15-47, "APPEALS" of this Ordinance.
F. If the Gas Inspector determines that all of the provisions of this Ordinance have been
complied with by the Operator but that the proposed drill site does not comply with the
distance requirements of this Ordinance under the requested Urban or Rural Gas Well
Permit, the Gas Inspector shall notify the Operator. The Operator may modify the well
location to comply with either an Urban Gas Well Permit or Rural Gas Well permit or
resubmit the application for a High Impact Gas Well Permit. Operator must comply with
all the application requirements for a High Impact Gas Well Permit.
SE+ C. 15-38. AMENDED CaAS WELL PERMITS.
A. An Operator may submit an application to the Gas Inspector to amend an existing Gas
Well Permit to commence drilling from a new drill site that is not shown on (or
incorporated by reference as part of) the existing Gas Well Permit, to relocate a drill site
or operation site that is shown on (or incorporated by reference as part of) the existing
Gas Well Pernut, or to otherwise amend the existing Gas Well Permit.
E. At least ten (10) days prior to, but not more than thirty (30) days, the date of filing with
the Gas Inspector an application for an Amended Gas Well Permit under this Ordinance,
the Operator shall erect the required signage. The Gas Inspector may require additional
signage if the premise fronts on more than one right-of--way, street, roadway, or public
thoroughfare.
C. Applications for amended Gas Well Permits shall be in writing, shall be signed by the
Operator, and shall include the following:
1) The application fee as set by city ordinance;
2) A description of the proposed amendments;
3) Any changes to the information submitted with the application for the existing
Gas Well Permit (if such information has not previously been provided to the
City);
4) Such additional information as is reasonably required by the Gas Inspector to
demonstrate compliance with the applicable Gas Well Permit; and
5) Such additional information as is reasonably required by the Gas Inspector to
prevent imminent destruction of property or injury to persons.
24
Evidence of posted signs, pursuant to the permit classification defined in this ordinance,
indicating that an application to drill additional well(s) on the existing lease has been
submitted to the Gas Inspector.
D. All applications for amended Gas Well Permits shall be filed with the Gas Inspector for
review. Incomplete applications may be returned to the applicant, in which case the City
shall provide a written explanation of the deficiencies; however, the City shall retain the
application fee. The City may return any application as incomplete if there is a dispute
pending before the Railroad Commission regarding the determination of the Operator.
E. If the activities proposed by the amendment are not materially different from the
activities covered by the existing Gas Well Permit, and if the proposed activities are in
conformance with the applicable Gas Well Permit, then the Gas Inspector shall approve
the amendment within ten (10) days after the application is filed.
F. If the activities proposed by the amendment are materially different from the activities
covered by the existing Gas Well Permit, and if the proposed activities are in
conformance with the applicable Gas Well Permit, then the Gas Inspector shall approve
the amendment within thirty (30) days after the application is filed. I~ however, the
activities proposed by the amendment are materially different and, in the judgment of the
Gas Inspector, might create a risk of unininent destruction of property or injury to
persons that was not associated with the activities covered by the existing Gas We11
Permit or that was not otherwise taken into consideration by the existing Gas Well
Permit, the Gas Inspector may require the amendment to be processed as a new Gas Well
Permit application.
G. If the Gas Inspector does not complete the review and issue an amended Gas Well Permit
within the time limits specified above shall not cause the application for the amended Gas
Well Pernut to be deemed approved.
~. The decision of the Gas Inspector to deny an amendment to a Gas Well Permit shall be
provided to the Operator in writing within ten (10) days after the decision, including an
explanation of the basis for the decision. The Operator may appeal any such denial to the
City Council.
SEC. 15-39. SUSPENSION OR REVOCATION OF GAS WELL PERMIT; RSSUANCE OF A
CITATION, EFFECT.
A. If an Operator (or its officers, employees, agents, contractors, or representatives) fails to
comply Wlth any requirement of a Gas Well Permit (including any requirement
incorporated by reference as part of the Gas Well Permit), the Gas Inspector shall give
written notice to the Operator specifying the nature of the failure and giving the Operator
a reasonable time to cure, taking into consideration the nature and extent of the failure,
the extent of the efforts required to cure, and the potential impact on the health, safety,
and welfare of the community. In no event, however, shall the cure period be less than
ten (10) days unless the failure presents a violation of the noise provisions, a risk of
25
imminent destruction of property or injury to persons or unless the failure involves the
Operator's failure to provide periodic reports as required by this Ordinance.
B. If the Operator fails to correct the noncompliance within ten (10) days from the date of
the notice, the Gas Inspector may suspend or revoke the Gas Well Permit or issue a
citation pursuant to the provisions of this Ordinance. A citation shall be issued for the
failure to correct a noise violation within 24 hours of the notice of violation by either the
Gas Inspector or the City of Fort Worth Police Department.
C. No person shall carry on any operations performed under the terms of the Gas Well
Permit issued under this Ordinance during any period of any Gas Well Permit suspension
or revocation or pending a review of the decision or order of the City in suspending or
revoking the Gas Well Permit. Nothing contained herein shall be construed to prevent
the necessary, diligent and bona fide efforts to cure and remedy the default or violation
for which the suspension or revocation of the Gas Well Permit was ordered for the safety
of persons or as required by the Commission.
D. If the Operator does not cure the noncompliance within the time specified in this
Ordinance, the Gas Inspector, upon written notice to the Operator, may notify the
Commission and request that the Commission take any appropriate action.
E. Operator may, within thirty (30) days of the date of the decision of the Gas Inspector in
writing to suspend or revoke a Gas Well Permit, file an appeal to the City Council under
the provisions outlined in this Ordinance pursuant to SEC. 15-47, "APPEALS" of this
Ordinance.
)F. If an application for a Gas Well Permit is denied by the Gas Inspector, nothing herein
contained shall prevent a new permit application from being submitted to the Gas
Inspector for the same well.
SEC. 15-40. PERIODIC REPORTS.
A. The Operator shall notify the Gas Inspector of any changes to the following information
within one business week after the change occurs:
1) The name, address, and phone number of the Operator;
2) The name, address, and phone number of the person designated to receive notices
from the city (which person must a resident of Texas that can be served in person
or by registered or certified mail); and
3) The Operator's Emergency Action Response Plan (including "drive-to-maps"
from public rights-of--way to each drill site).
B. The Operator shall notify the Gas Inspector of any change to the name, address, and 24-
hour phone number of the person(s) with supervisory authority over drilling or operations
activities within one business day.
26
C. The Operator shall provide a copy of any "incident reports" or written complaints
submitted to the Railroad Commission within thirty (30) days after the Operator has
notice of the existence of such reports or complaints.
D. Beginning on December 31st after each well is completed, and continuing on each
December 31st thereafter until the Operator notifies the Gas Inspector that the well has
been abandoned and the site restored, the Operator shall submit a written report to the
Gas Inspector identifying any changes to the information that was included in the
application for the applicable Gas Well Permit that have not been previously reported to
the City.
E. Beginning on December 31st after each well is permitted by the City, the Operator shall
provide an operational status report for every well permitted to the Operator within the
City. The report shall include the Well Name, API Number, Lease Name, City Case
Number, Commission Permit Number, Commission Lease ID Number and Current Status
whether pending, drilling, completing, producing, plugged or abandoned.
IDIVISI®N ~I. INSI;.TI2AI~CE, $®I+11) ANI) INDE1VIl`1I'I'Y
SEC. 15-41. (BOND, LETTERS OF CREDTT~ INDEIVINITY~ INSURANCE.
A. Generall2equirements
The Operator shall be required to:
1) Comply with the terms and conditions of this Ordinance and the Gas Well Permit
issued hereunder.
2) Promptly clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after abandonment
or completion grade, level and restore such property to the same surface
conditions as nearly as possible as existed before operations.
3) Indemnify and hold harmless the City, its officers, agents, and employees from
and against any and all claims, losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person or for damage to any property
arising out of or in connection with the work done by Operator under a Gas Well
Permit:
a) where such injuries, death or damages are caused by Operator's sole
negligence or the joint negligence of Operator and any other person or
entity; and
b) regardless of whether such injuries, death or damages are caused in whole
or in part by the negligence of Operator.
4) Promptly pay all fines, penalties and other assessments imposed due to breach of
any terms of the Gas Well Permit.
5) Promptly restore to its former condition any public property damaged by the gas
operation.
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B. fond, Irrevocable Letter of Credit
1) Prior to the issuance of a Gas Well Permit the Operator shall provide the Gas
Inspector with a security instrument in the form of a bond or an irrevocable letter
of credit as follows:
a) Bond. A bond shall be executed by a reliable bonding or insurance
institution authorized to do business in Texas, acceptable to the City. The
bond shall become effective on or before the date the Gas Well Permit is
issued and shall remain in force and effect for at least a period of six (6)
months after the expiration of the Gas Well Permit term or until the well is
plugged and abandoned and the site is restored, whichever occurs first.
The Operator shall be listed as principal and the instrument shall run to the
City, as obligee, and shall be conditioned that the Operator will comply
with the terms and regulations of this Ordinance and the City. The
original bond shall be submitted to the Gas Inspector with a copy of the
same provided to the City Secretary.
b) Letter of Credit. A letter of credit shall be issued by a reliable bank
authorized to do business in Texas and shall become effective on or before
the date the Gas Well Permit is issued. The letter of credit shall remain in
force and effect for at least a period of six (6) months after the expiration
of the Gas Well Permit term. If the Letter of Credit is for a time period
less than the life of the well as required by this Ordinance, the Operator
must agree to either renew the Letter of Credit or replace the Letter of
Credit with a bond in the amount required by this Ordinance, on or before
45 days prior to the expiration date of the Letter of Credit. If the Operator
fails to deliver to the City of Fort Worth either the renewal Letter of Credit
or replacement bond in the appropriate amount on or before 45 days prior
to the expiration date of the Letter of Credit, the City of Fort Worth may
draw the entire face amount of the attached Letter of Credit to be held by
the City of Fort Worth as security for Operator's performance of its
obligations under this Ordinance.
The City shall be authorized to draw upon such letter of credit to recover
any fines or penalties assessed under this ordinance. Evidence of the
execution of a letter of credit shall be submitted to the Gas Inspector by
submitting an original signed letter of credit from the banking institution,
with a copy of the same provided to the City Secretary.
c) The principal amount of any security instrument shall be Fifty Thousand
Dollars ($50,000) for any single well. If, after completion of a well, the
Applicant/Operator, who initially posted a fifty thousand dollars ($50,000)
bond, has complied with all of the provisions of this Ordinance and whose
well in the producing stage and all drilling operations have ceased, may
submit a request to the Gas Inspector for approval to reduce the existing
bond to fifteen thousand dollars ($15,000) for the remainder of the time
the well produces without reworking. During reworking operations, the
28
amount of the bond or letter of credit shall be maintained at fifty thousand
dollars ($50,000).
An operator drilling or reworking between one and five wells at any given
time, may elect to provide a blanket bond or letter of credit, in the
principal minimum amount of One Hundred Fifty Thousand Dollars
($150,000). If the operator drills or reworks more than five wells at a time,
the blanket bond or letter of credit shall be increased in increments of
$50,000 per each additional well. Once the wells are in the producing
stage and all drilling operations have ceased, the Operator may elect to
submit a request to the Gas Inspector for approval to reduce the existing
bond and provide a blanket bond or letter of credit for the remainder of the
time the well produces, without reworking, as follows:
Number of Producing_Wells
Blanket Bond /Letter of Credit
Amount Required
Up to 75 wells
75 to 150 wells
More than 150 wells
$100,000
$150,000
$200,000
If at any time after no less than a fifteen (15) day written notice to the
Operator and a public hearing, the City Council shall deem any Operator's
bond or letter of credit to be insufficient, it may require the Operator to
increase the amount of the bond or letter of credit up to a maximum of two
hundred and fifty thousand dollars ($250,000) per well.
d) Whenever the Gas Inspector finds that a default has occurred in the
performance of any requirement or condition imposed by this Ordinance, a
written notice shall be given to the Operator. Such notice shall specify the
work to be done, the estimated cost and the period of time deemed by the
Gas Inspector to be reasonably necessary for the completion of such work.
After receipt of such notice, the Operator shall, within the time therein
specified, either cause or require the work to be performed, or failing to do
so, shall pay over to the City one hundred twenty-five (125) percent of the
estimated cost of doing the work as set forth in the notice. In no event,
however, shall the cure period be less than thirty (30) days unless the
failure presents a risk of innminent destruction of property or injury to
persons or unless the failure involves the Operator's failure to provide
periodic reports as required by this Ordinance.
The City shall be authorized to draw against any irrevocable letter of
credit or bond to recover such amount due from the Operator. Upon
receipt of such monies, the City shall proceed by such mode as deemed
convenient to cause the required work to be performed and completed, but
no liability shall be incurred other than for the expenditure of said sum in
hand. In the event that the well has not been properly abandoned under
the regulations of the Commission, such additional money may be
demanded from the Operator as is necessary to properly plug and abandon
29
the well and restore the drill site in conformity with the regulations of this
Ordinance.
e) In the event the Operator does not cause the work to be performed and
fails or refuses to pay over to the City the estimated cost of the work to be
done as set forth in the notice, or the issuer of the security instrument
refuses to honor any draft by the City against the applicable irrevocable
letter of credit or bond the City may proceed to obtain compliance and
abate the default by way of civil action against the Operator, or by
criminal action against the Operator, or by both such methods.
fl When the well or wells covered by said irrevocable letters of credit or
bond have been properly abandoned in conformity with all regulations of
this Ordinance, and in conformity with all regulations of the Commission
and notice to that effect has been received by the City, or upon receipt of a
satisfactory substitute, the irrevocable letter of credit or bond issued in
compliance with these regulations shall be terminated and cancelled.
C. Insurance. In addition to the bond or letter of credit required pursuant to this Ordinance,
the Operator shall carry a policy or policies of insurance issued by an insurance company
or companies authorized to do business in Texas. In the event such insurance policy or
policies are cancelled, the Gas Well Permit shall be suspended on such date of
cancellation and the Operator's right to operate under such Gas Well Permit shall
immediately cease until the Operator files additional insurance as provided herein.
1) General ltequireinents applicable to all policies.
a) The City, its officials, employees, agents and officers shall be endorsed as
an "Additional Insured" to all policies except Employers Liability
coverage under the Operator's Workers Compensation policy.
b) All policies shall be written on an occurrence basis except for
Environmental Pollution Liability (Seepage and Pollution coverage) and
Excess or Umbrella Liability, which maybe on a claims-made basis.
c) All policies shall be written by an insurer with an A-: VIII or better rating
by the most current version of the A. M. Best Key Rating Guide or with
such other financially sound insurance carriers acceptable to the City.
d) Deductibles shall be listed on the Certificate of Insurance and shall be on a
"per occurrence" basis unless otherwise stipulated herein.
e) Certificates of Insurance shall be delivered to the City of Fort Worth,
Development Department, 1000 Throckmorton Street, Fort worth, Texas
76102, evidencing all the required coverages, including endorsements,
prior to the issuance of a Gas Well Permit.
fl All policies shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the City.
g) Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement
specified herein.
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h) Each policy shall be endorsed to provide the City a minimum thirty-day
notice of cancellation, non-renewal, and/or material change in policy
terms or coverage. A ten days notice shall be acceptable in the event of
non-payment of premium.
i) During the term of the Gas Well Permit, the Operator shall report, in a
timely manner, to the Gas Inspector any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a
property loss.
j) Upon request, certified copies of all insurance policies shall be furnished
to the City.
2)
3)
Standard Commercial General Liability Policy.
This coverage must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual
liability, underground resources damage, broad form property damage,
independent contractors protective liability and personal injury. This coverage
shall be a minimum Combined Single Limit of $1,000,000 per occurrence for
Bodily Injury and Property Damage.
Excess or Umbrella Liability.
$ 5,000,000 Excess, if the Operator has astand-alone Environmental Pollution
Liability (EPL) policy.
$10,000,000 Excess, if the Operator does not have astand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental
pollution. If Seepage and Pollution coverage is written on a
"claims made" basis, the Operator must maintain continuous
coverage and purchase Extended Coverage Period Insurance when
necessary.
4) Environmental Pollution Liability Coverage.
a) Operator shall purchase and maintain in force for the duration of the Gas
Well Permit, insurance for environmental pollution liability applicable to
bodily injury, property damage, including loss of use of damaged property
or of property that has not been physically injured or destroyed; cleanup
costs; and defense, including costs and expenses incurred in the
investigation, defense or settlement of claims; all in connection with any
loss arising from the insured site. Coverage shall be maintained in an
amount of at least $1,000,000 per loss, with an annual aggregate of at least
$10,000,000.
b) Coverage shall apply to sudden and accidental pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste material or other irritants,
contaminants or pollutants.
c) The Operator shall maintain continuous coverage and shall purchase
Extended Coverage Period insurance when necessary. The Extended
31
Coverage Period insurance must provide that any retroactive date
applicable to coverage under the policy precedes the effective date of the
issuance of the permit by the City.
5) Control of Well.
The policy should cover the cost of controlling a well that is out of control, re-
drilling or restoration expenses, seepage and pollution damage as first party
recovery for the Operator and related expenses, including, but not limited to, loss
of equipment, experts and evacuation of residents.
$ 5,000,000 per occurrence/no aggregate, if available, otherwise an
aggregate of ten (10) million dollars.
$ 500,000 Sub-limit endorsement may be added for damage to
property for which the Operator has care, custody and
control.
6~ Workers Compensation and Employers Liability Insurance.
a) Workers Compensation benefits shall be Texas Statutory Limits.
b) Employers Liability shall be a minimum of $500,000 per accident.
c) Such coverage shall include a waiver of subrogation in favor of the City
and provide coverage in accordance with applicable State and Federal
laws.
~ Automobile Liability Insurance.
a) Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage.
b) Coverage must include all owned, hired and not-owned automobiles.
8) Certificates of Insurance.
a) The company must be admitted or approved to do business in the State of
Texas, unless the coverage is written by a Surplus Lines insurer.
b) The insurance set forth by the insurance company must be underwritten on
forms that have been approved by the Texas State Board of Insurance or
ISO, or an equivalent policy form acceptable to the City, with the
exception of Environmental Pollution Liability and Control of Well
coverage.
c) Sets forth all endorsements and insurance coverage according to
requirements and instructions contained herein.
d) Shall specifically set forth the notice of cancellation, termination, or
change in coverage provisions to the City. All policies shall be endorsed to
read "THIS POLICY WILL NOT BE CANCELLED OR NON-
RENEWED WITHOUT THIRTY (30) DAYS ADVANCED WRITTEN
NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS
POLICY IS BEING CANCELLED FOR NONPAYMENT OF
32
PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED".
e) Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
D. Indemnification and Express Negligence Provisions.
1) Each Gas Well Permit issued by the Gas Inspector shall include the following
language: Operator does hereby expressly release and discharge, all claims,
demands, actions, judgments, and executions which it ever had, or now has or
may have, or assigns may have, or claim to have, against the City of Fort Worth,
and/or its departments, agents, officers, servants, successors, assigns, sponsors,
volunteers, or employees, created by, or arising out of personal injuries, known or
unknown, and injuries to property, real or personal, or in any way incidental to or
in connection with the performance of the work performed by the Operator under
a Gas Well Permit. The Operator shall fully defend, protect, indemnify, and hold
harmless the City of Fort Worth, Texas, its departments, agents, officers, servants,
employees, successors, assigns, sponsors, or volunteers from and against each and
every claim, demand, or cause of action and any and all liability, damages,
obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred
in defense of the City of Fort Worth, Texas, its departments, agents, officers,
servants, or employees, including, without limitation, personal injuries and death
in connection therewith which may be made or asserted by Operator, its agents,
assigns, or any third parties on account of, arising out of, or in any way incidental
to or in connection with the performance of the work performed by the Operator
under a Gas Well Permit. The Operator agrees to indemnify and hold harmless the
City of Fort Worth, Texas, its departments, its officers, agents, servants,
employees, successors, assigns, sponsors, or volunteers from any liabilities or
damages suffered as a result of claims, demands, costs, or judgments against the
City, its departments, its officers, agents, servants, or employees, created by, or
arising out of the acts or omissions of the City of Fort Worth occurring on the drill
site or operation site in the course and scope of inspecting and permitting the gas
wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES
ARISING IN WHOLE OR 1N PART FROM THE NEGLIGENCE OF THE
CITY OF FORT WORTH OCCURRING ON THE DRILL SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND
PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN
INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND
PROTECT THE CITY OF FORT WORTH, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES
FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF
FORT WORTH, TEXAS AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT
NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE
RESULTANT INJURY, DEATH, AND/OR DAMAGE.
33
E. Notice. The individual designated to receive notice shall be a resident of Texas upon
whom all orders and notices provided in this Ordinance may be served in person or by
registered or certified mail. Every Operator shall within ten (10) days notify the Gas
Inspector in writing of any change in such agent or mailing address unless operations in
the City are discontinued and abandonment is complete.
F. Acceptance and Indemnity Agreement. The Operator who has a net worth of not less
than twenty-five million dollars ($25,000,000), as shown in such Owner's or Operator's
most recent audited financial statements, may substitute an acceptance and indemnity
agreement in lieu of the bond or irrevocable letter of credit and insurance requirements
set forth in this Ordinance, provided that such acceptance and indemnity agreement shall
be in a form acceptable to, and approved by, the City Attorney and the Director of Risk
Management of the City. The Gas Inspector may request an annual review of the
Operator's most recent audited financial statements to assure compliance with this
section.
DIVISI®N VII. ®N SITE AND TECIINICAI, REGUI~ATI®NS.
SEC. 15-42. TECHtVICAL REGULATIONS.
A. ®n Site Requirements.
1) Abandoned Wells. All wells shall be abandoned in accordance with the rules of the
Railroad Commission and pursuant to Section 15-45 of this ordinance.
2) blowout Prevention. In all cases, blowout prevention equipment shall be used on all
wells being drilled, worked-over or in which tubing is being changed. Protection shall be
provided to prevent blowout during gas operations as required by and in conformance
with the requirements of the Commission and the reconunendations of the American
Petroleum Institute. The Operator must equip all drilling wells with adequate blowout
preventers, flow lines and valves commensurate with the working pressures involved as
required by the Commission.
3) Compliance. Operator shall comply at all times with all applicable federal, state and
City requirements.
4) Discharge. No person shall place, deposit, discharge, or cause or permit to be placed,
deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances
or any refuse including wastewater or brine from any gas operation or the contents of any
container used in connection with any gas operation in, into, or upon any public right-of-
way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain without permits from
the appropriate city departments. or any body of water or any private property in the City.
5) Drilling Notice. The Operator shall provide 48-hour notice to the Gas Inspector before
the start of drilling operations.
~ Drill Stem Testing. All open hole formation or drill stem testing shall be done during
daylight hours. Drill stem tests maybe conducted only if the well effluent during the test
34
is produced through an adequate gas separator to storage tanks and the effluent remaining
in the drill pipe at the time the tool is closed is flushed to the surface by circulating
drilling fluid down the annulus and up the drill pipe.
7) Dust, Vibration, ®dors. All drilling and production operations shall be conducted in
such a manner as to minimize, so far as practicable, dust, vibration, or noxious odors, and
shall be in accordance with the best accepted practices incident to drilling for the
production of gas and other hydrocarbon substances in urban areas. All equipment used
shall be so constructed and operated so that, vibrations, dust, odor or other harmful or
annoying substances or effect will be minimized by the operations carried on at any
drilling or production site or from anything incident thereto, to the injury or annoyance of
persons living in the vicinity; nor shall the site or structures thereon be permitted to
become dilapidated, unsightly or unsafe. Proven technological improvements in industry
standards of drilling and production in this area shall be adopted as they become available
if capable of reducing factors of dust, vibration and odor.
8) Electric Lines. All electric lines to production facilities shall be located in a manner
compatible to those already installed in the surrounding area or subdivision.
9)
Electric 1Vlotors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location. All
electrical installations and equipment shall conform to the City ordinances and the
appropriate national codes.
10) Emergency Response Plan. Prior to the commencement of any gas or other
hydrocarbons production activities, Operator shall submit to the Gas Inspector an
emergency response plan establishing written procedures to minimize any hazard
resulting from drilling, completion or producing of gas wells. Said plan shall use existing
guidelines established by the Commission, Texas Natural Resource Conservation
Commission, Department of Transportation and/or the Environmental Protection Agency
and City Fire Code. A copy of the Emergency Response Plan shall be kept on site.
11) Equipment Painted. All production equipment on the site shall be painted and
maintained at all times, including pumping units, storage tanks, buildings and structures.
12) Explosives. Use of explosive charges within the City limits shall require a permit issued
by the Bomb & Arson Section of the City of Fort Worth Fire Department.
13) Fire Notice. In the event of a fire or discovery of a fire, smoke, or unauthorized release
of flammable or hazardous materials on any property, the Operator shall immediately
report such condition to the fire department in accordance with the City of Fort Worth
Fire Code. The reporting limits for hazardous materials release shall conform to the
requirements of the Railroad Commission and not exceed any state or federal permitting
limit. A copy of the hazardous materials release records required by TCEQ shall be
forwarded to the Fire Marshal on an annual basis.
14) Fire Prevention; Sources of Ygnition. Firefighting apparatus and supplies as approved
by the Fire Department and required by any applicable federal, state, or local law shall be
35
provided by the Operator, at the Operator's cost, and shall be maintained on the drilling
site at all times during drilling and production operations. The Operator shall be
responsible for the maintenance and upkeep of such equipment. Each well shall be
equipped with an automated valve that closes the well in the event of an abnormal change
in operating pressure. All well heads shall contain an appropriately labeled emergency
shut off valve to the well distribution line.
15) Fracing Operations. All formation fracture stimulation operations shall be conducted
during daylight hours unless the Operator has notified and obtained permission from the
Gas Inspector for operations during nighttune hours.
The following requirements shall apply to all fracture stimulation operations performed
on a well within six hundred (600) feet of an occupied residence:
i) At least forty-eight (48) hours before operations are commenced, the Operator
shall notify the Gas Inspector and post a sign at the entrance of the well site
advising the public of the date the operations will commence;
ii) "Flowbaclc" operations to recover fluids used during fracture stimulation shall be
exempt from work hour restrictions;
iii) A watchman shall be required at all times during such operations; and
iv) At no time shall the well be allowed to flow or vent directly to the atmosphere
without first directing the flow through separation equipment or into a portable
tank.
l~ Fresh Water Wells. It shall be unlawful to drill any well, the center of which, at the
surface of the ground, is located within two hundred (200) feet to any existing fresh water
well. The measurement shall be in a direct line from the closest well bore to the fresh
water well bore.
i) The operator of a gas well shall provide the Gas Inspector with a "pre-drilling"
and "post-drilling" water analysis and flow rate from any existing fresh water well
within five hundred (500) feet of the gas well.
ii) An operator may drill a fresh water well, in compliance with state law, to use for
drilling and completion operations within two hundred (200) feet of the wellbore,
however, a well that is used for drilling and production operations is excluded
from the two hundred (200) feet setback for future wells drilled on the permitted
pad site.
iii) A copy of the Texas Water Development Board permit shall be provided to the
Gas Inspector along with the geographic coordinates of every water well within
five hundred (500) feet of the well bore.
iv) A copy of all plugging and abandonment reports filled with the state and/or
transfer of ownership notice shall be provided to the Gas Inspector and the Water
Department.
v) The operator of a gas well shall provide the Gas Inspector with a "pre-drilling"
and "post-drilling" water analysis from the fresh water well if the well is
transferred to private or public use.
17) Gas Lift Compressor. Any onsite compressor used to `lift gas' shall be designed to
comply with the noise requirements of this ordinance.
36
18) Gas emission or Burning Ttestricted. No person shall allow, cause or permit gases to
be vented into the atmosphere or to be burned by open flame except as provided by law or as
permitted by the Commission. If the venting of gases into the atmosphere or the burning
of gases by open flame is authorized as provided by law or as permitted by the
Commission, then such vent or open flame shall not be located closer than three hundred
(300) feet from any building not used in operations on the drilling site and such vent or
open flame shall be screened in such a way as to minimize detrimental effects to adjacent
property owners.
19) Gas Processing ®nsite. Except for a conventional gas separator or line heater, no
refinery, processing, treating, dehydrating or absorption plant of any kind shall be
constructed, established or maintained on the premises without appropriate City permits
and a Certificate of Occupancy.
20) Grass, Needs, 'T'rash. All drill and operation sites shall be kept clear of high grass,
weeds, and combustible trash within a radius of one hundred (100) feet around any gas
tank or tanks or producing wells. .
21) hazardous Plan. Hazardous Materials Management Plan (HMl~~IP) and all Material
Safety Date Sheets (MSDS) for all hazardous materials that will located, stored,
transported and/or temporarily used on the operations site shall be submitted to the Gas
Inspector the for distribution to the Director of the Emergency Management Office.
22) Lights. No person shall permit any lights located on any drill or operation site to be
directed in such a manner so that they shine directly on public roads, adjacent property or
property in the general vicinity of the operation site. To the extent practicable, and taking
into account safety considerations, site lighting shall be directed downward and internally
so as to avoid glare on public roads and adjacent dwellings and buildings within three
hundred (300) feet.
23) 1VTuffling Exhaust. Exhaust from any internal combustion engine or compressor,
stationary or mounted on wheels, used in connection with the drilling of any well or for
use on any production equipment shall not be discharged into the open air unless it is
equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of
noncombustible materials sufficient to suppress noise and disruptive vibrations and
prevent the escape of obnoxious gases, fumes or ignited carbon or soot.
24) Tits. The following applies for pits used for drilling and completion operations:
i) Lined earthen mud or circulating pits or a closed loop mud system shall be used.
ii) Close loop mud systems shall be used for all High Impact Gas Well Permit sites
unless a waiver is granted by the City Council.
iii) All pits and contents shall be dewatered, backfilled and compacted following the
schedule established by the statewide rules of the Railroad Commission.
iv) No drill cuttings, rotary mud and wastewater generated during drilling operations
may be buried on site unless permitted by the Texas Railroad Commission and
approved by the City after submission of an acceptable pre-burial test.
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vi) No pit shall be placed in a floodplain without obtaining a floodplain development
permit from the City Department of Engineering.
vii) The fresh water fracing pit shall be enclosed with open design chain link black or
dark green fencing on all four sides. No fresh water pit maybe placed in any City
recognized drainage way, FEMA floodplain or floodway. Construction of the
fresh water pit must comply with all city, state and federal regulations.
viii) Every drill pit used for drilling operations shall be fenced on all open sides during
drilling operations and enclosed on all four sides with a chain link fence in
compliance with Section 15-43 after drilling operations have ceased.
ix) No flowback waste water produced by frac operations shall be placed in any open
pit without a copy of a valid state permit submitted to the Gas Inspector.
x) Fresh water fracing pits, not transferred to the surface owner, shall be closed and
the site restored within one hundred twenty (120) days after completion
operations have ceased unless extended by the Gas Inspector .
25) Private Roads and Drill Sites. Prior to the commencement of any drilling operations,
all private roads used for access to the drill site and the operation site itself shall be at
least fifteen (15) feet wide, drain appropriately, have an overhead clearance of fourteen
(14) feet and shall be surfaced with a crushed rock, gravel or ore and maintained to
prevent dust and mud. In particular cases these requirements governing surfacing of
private roads may be altered at the discretion of the Gas Inspector and the City Director
of Transportation and Public Works after consideration of all circumstances including,
but not limited to, the following: distances from public streets and highways; distances
from adjoining and nearby property owners whose surface rights are not leased by the
operation; the purpose for which the property of such owners is or may be used;
topographical features; nature of the soil; and exposure to wind. Watering, wetting or
other methods or materials must be used to control the dust on all roads adjacent to
residential property
A permanent approach, meeting the City design requirements, gate shall be constructed at
the entrance of the access road onto a public street within sixty (60) days after drilling
operations have ceased or at the request of the Gas Inspector.
2~ Salt Water Wells. No commercial salt water disposal wells shall be located within the
City of Fort Worth.
A city permit for anon-commercial saltwater disposal well for lease use only, as
identified on the Railroad Commission form W-14, maybe issued if:
i) The well is located in an I, J, and K Industrial zoned Districts;
ii) All permit and notifications requirements to obtain a state permit are reviewed by
the Gas inspector prior to obtaining the state permit;
iii) A state permit is obtained from the Commission to dispose ofnon-hazardous oil
and gas waste by injection into a porous formation not productive of oil and gas;
iv) The saltwater disposal well waste is injected into the Ellenberger Formation;
v) The saltwater disposal well is cased and cemented to the surface;
vi) The disposal well permit must be approved by the City Council if the well is
located within one thousand (1,000) feet of a Protected Use;
vii) The disposal well is in compliance with all conditions of the state permit; and
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viii) The disposal well is in compliance with any restrictions placed on the city permit.
2'n
The City shall have the right to terminate the saltwater disposal permit and required the
well to be plugged and abandoned within thirty (30) days after notice of noncompliance.
Signs.
a) A sign shall be immediately and prominently displayed at the gate on the
temporary and permanent site fencing erected pursuant to Sec. 15-43 of this
Ordinance. Such sign shall be durable material, maintained in good condition
and, unless otherwise required by the Commission, shall have a surface area of
not less than two (2) square feet nor more than four (4) square feet and shall be
lettered with the following:
i) Well name and number;
ii) Name of Operator;
iii) The emergency 911 number; and
iv) Telephone numbers of two (2) persons responsible for the well who may
be contacted in case of emergency.
b) Permanent weatherproof signs reading "DANGER NO SMOR:ING OR OPEN
FLAME ALLOWED IN THIS .AREA " "PELIGRO NO FUMAR O INICIAR
LLAMA EN ESTA AREA", shall be posted immediately upon completion of the
well site fencing at the entrance of each well site and tank battery or in any other
location approved or designated by the Fire Chief of the City. Sign lettering shall
be four (4) inches in height and shall be red on a white background or white on a
red background. Each sign shall include the emergency notification numbers of
the Fire Department and the Operator, well and lease designations required by the
Commission.
c) In accordance with the Fort Worth Fire Code, Sections 2703.5 and 2703.6,
National Fire Prevention Association (NFPA) 704 diamond hazard identification
signs are required on each tank and at the entrance to the site adjacent to the
Operator's sign. A label must be located on each tank indicating exact chemicals
that may, be contained in the tank. Text shall be minimum six (6) inches in height,
contrasting with the background color.
28) Storage of Equipment. On-site storage is prohibited on the operation site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well. Lumber, pipes, tubing and casing shall
not be left on the operation site except when drilling or well servicing operations are
being conducted on the site.
No vehicle or item of machinery shall be parked or stored on any street, right-of--way or
in any driveway, alley or upon any operation site which constitutes a fire hazard or an
obstruction to or interference with fighting or controlling fires except that equipment
which is necessary for drilling or production operations on the site. The Fire Department
shall be the entity that determines whether an equipment on the site shall constitute a fire
hazard.
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29) Storage Tanks. All tanks and permanent structures shall conform to the American
Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the
Fire Chief. All storage tanks shall be equipped with a secondary containment system
including lining with an impervious material. The secondary containment system shall
be a minimum of three feet (3') in height and one and one-half (1 '/2) times the contents
of the largest tank in accordance with the Fire Code, and buried at least one foot (1').
Drip pots shall be provided at the pump out connection to contain the liquids form the
storage tanks.
a) Temporary flowback tanks shall be removed within ninety (90) days after
completion of the gas well(s) at the pad site unless permission is obtained from
the Gas Inspector to extend the time period for no more than thirty (30) days.
b) All tanks shall be set back pursuant to the standards of the Commission and the
National Fire Protection Association, but in all cases, shall be at least twenty-five
(25) feet from any public street, road, highway or future street, or right-of--way
and fifty (50) feet from a structure. Each storage tank shall be equipped with. a
level control device that will automatically activate a valve to close the well in the
event of excess liquid accumulation in the tank.
c) No meters, storage tanks, separation facilities, or other aboveground facilities,
other than the well head and flow lines, shall be placed in a floodway identified
by FEMA on the most current FIRM or the 100-year floodplain without a
floodplain development permit obtained from the Department of engineering.
d) Tanks must be at least one hundred (100) feet from any residence, religious
institution, public building, hospital building, school or combustible structure.
30) Tank Battery Facilities. Tank battery facilities shall be equipped with a lightning
arrestor system.
31) Surface Casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
32) Valves. Each well must have a shutoff valve to terminate the well's production. The
Fire Department shall have access to the well site and the shut-off valve in an emergency.
33) Waste Disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following:
a) Operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the American Petroleum Institute standards. All
tanks must have a vent line, flame arrester and pressure relief valve.. All tanks
must be enclosed by a fence applicable to the issued permit classification. No
tank battery shall be within one hundred (100) feet of any dwelling or other
combustible structure.
b) Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or
resulting from or connected with the drilling, re-working or deepening of any well
shall be discharged into the mud reserve pit. All disposals must be in accordance
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with the rules of the Commission and any other appropriate local, state or federal
agency.
c) Unless otherwise directed by the Commission, waste materials shall be removed
from the site and transported to an off-site disposal facility not less often than
every thirty (30) days. Water stored in on-site tanks shall be removed as
necessary.
d) All waste shall be disposed of in such a manner as to comply with the air and
water pollution control regulations of the State, this Ordinance and any other
applicable ordinance of the City.
34) Watchman. The Operator must keep a watchman or security personnel on site during
the drilling or re-working of a well when other workmen are not on the premises.
35) Wellhead Status after F'racing. All wellheads waiting on completion, for a period
greater than 10 days, shall be:
i) Completed through the production casing flange with a metal plate or blind flange
bolted across the head;
ii) Surrounded with a six (6) feet tall chain link fence halving a gate and lock;
iii) The cellar shall be filled or closed;
iv) The Bradenhead shall be piped to the surface and open to the atmosphere or have
an observable and adequate pressure gauge with operable test valve.
3~ Work Hours for Site Development. No construction activities involving excavation of,
demolition o~ alteration to, or repair work on any access road or pad site, shall occur
during nighttime hours or at any time on Sunday.
1g. Noise.
1) No well shall be drilled, redrilled or any equipment operated at any location
within the city in such a manner so as to create any noise which causes the exterior noise
level when measured at the nearest Protected Use receiver's/receptor's property line or
one hundred (100) feet from the nearest Protected Use structure (as measured to the
closest exterior point of the building), whichever is closer to the receiver/receptor, that
exceeds the Ambient Noise Level by more than five (5) decibels during daytime hours
and more than three (3) decibels during nighttime hours. Fracing operations may not
exceed the Ambient Noise Level by more than ten (10) decibels. Backflow operations
may not exceed the Ambient Noise Level by more than five (5) decibels during nighttime
hours.
2) The Operator shall be responsible for establishing and reporting to the City the
pre-drilling Ambient Noise Level prior to the issuance of a gas well permit. Once the
drilling is complete, the Operator shall be required to establish a new Ambient Noise
Level prior to the installation of any new noise generation .equipment.
3) Adjustments to the noise standards as set forth above in subsection (1) of this
section maybe permitted in accordance with the following:
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Permitted Increase Duration of Increase
(dBA) (minutes)*
5 ......................................................15
10 ......................................................5
15 ......................................................1
20 ...........................................less than 1
*Curnulative minutes during any one hour
4) All workover operations shall be restricted to daytime hours. "Workover
operations" shall mean work performed in a well after its completion in an effort to
secure production where there has been none, restore production that has ceased or
increase production.
5) The exterior noise level generated by the drilling, redrilling or other operations of
all gas wells located within six hundred (600) feet of a Protected Use shall be
continuously monitored, to ensure compliance. The cost of such monitoring shall be
borne by the Operator.
6) Acoustical blankets, sound walls, mufflers or other alternative methods as
approved by the Gas Inspector may be used to ensure compliance. All soundproofing
shall comply with accepted industry standards and subject to approval by the City's Fire
Department.
7) The sound level meter used in conducting noise evaluations shall meet the
American National Standard Institute's Standard for sound meters or an instrument and
the associated recording and analyzing equipment which will provide equivalent data.
8) A citation shall be issued for the failure to correct the violation within 24 hours of
the notice of violation by either the Gas Inspector or the City of Fort Worth Police.
9) During nighttime operations for High Impact and Urban Gas Wells, the operation
of vehicle audible back-up alarms shall be prohibited or replaced with approved non-
auditory signaling systems, such as spotters or flagmen. Deliveries of pipe, casing and
heavy loads shall be limited to daytime hours, except for emergency situations. The
Derrick Man and Driller shall communicate by walkie-tallcie or other non disruptive
means only when the Derrick Man is in the derrick. Horns may not be used to signal for
connection or to summon crew (except that a horn may be used for emergency purposes
only). The operator shall conduct onsite meetings to inform all personnel of nighttime
operations noise control requirements.
C. Well Setbacks.
It shall be unlawful to drill any well, the center of which, at the surface of the ground, is
located:
1) Within twenty-five (25) feet from any storage tank, or source of ignition;
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2) Within seventy-five (75) feet of any public street, road, highway or future street,
right-of--way or property line;
3) Within six hundred (600) feet from any Protected Use;
4) Within two hundred (200) feet from any building used, or designed and intended
to be used, for human occupancy;
5) Within one hundred (100) feet of any building accessory to, but not necessary to
the operation of the well; or
6) Within two hundred (200) feet to any fresh water well not drilled by the operator
as a specific source of water used for drilling or completion operations without
the express written permission of the owner of the water well. The measurement
shall be in a direct line from the closest well bore to the fresh water well bore. The
distance requirement for fresh water wells is subject to the Railroad Commission
regulations and any other state or federal requirements.
The distance shall be calculated from the well bore, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of any object listed in 1)
through 6) above.
The distance set out in subsection 3) of this section may be reduced, but never less than
two hundred (200) feet from any Protected Use, with a:
1) Waiver granted by the City Council; or
2) Written notarized waivers granted by the all the Protected Use property
owners within a six hundred (600) foot radius around the proposed well
pursuant to Section 15-36 of this Ordinance. All waivers must identify the
property address, block and lot number, subdivision name (if applicable)
and plat volume and page and be filed, at the expense of the operator, in
the applicable county records prior to the application of High Impact
Permit.
D. Installation of Pipelines on, under or across Public Property.
The Operator shall apply to the City for a franchise agreement on, over, under, along or
across the City streets, sidewalks, alleys and other City property for the purpose of
constructing, laying, maintaining, operating, repairing, replacing and removing pipelines
so long as production or operations may be continued under any Gas Well Permit issued
pursuant to this Ordinance. Operator shall:
1) Not interfere with or damage existing water, sewer or gas lines or the
facilities of public utilities located on, under or across the course of such
rights-of way.
2) Furnish to the Director of Development of the City a plat showing the
location of such pipelines.
3) Construct such lines out of pipe in accordance with the City codes and
regulations properly cased and vented if under a street;
4) Grade, level and restore such property to the same surface condition, as
nearly as practicable, as existed when operations for the drilling of the
well were first commenced.
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No Gas Well Permit shall be issued for any well to be drilled within any of the streets or
alleys of the City and/or projected streets or alleys shown by the current comprehensive
plan of the City, and no street or alley shall be blocked or encumbered or closed due to
any exploration, drilling or production operations unless prior consent is obtained from
the Gas Inspector. Any consent from the Gas Inspector shall be temporary in nature and
state the number of hours and/or days that any street or alley may be blocked,
encumbered or closed.
SEC. 15-43. FENCES AND LANDSCAPING.
A. Fences. Fences shall not be required on drill sites during initial drilling, completion or
re-working operations as long as 24-hour on-site supervision is provided. A secured
entrance gate on the access road containing a Knox box shall be required and all gates
are to be kept locked when the Operator or his employees are not on the premises. All
production equipment on the operation site shall be completely enclosed by a permanent
chain link fence with a secured gate and Knox box as follows:
Chain Link fences
a) The fence shall be at least six (6) feet ui height;
b) Support posts shall be set in concrete and shall be imbedded into the
ground to a depth sufficient to maintain the stability of the fence;
provided, however, so long as stability of the fence is maintained,
temporary fence posts shall not be required to be set in concrete;
c) The chain link shall be dark green or black steel wire;
d) The chain link fence shall have a minimum thickness of eleven (11)
gauge;
e) Posts and rails shall be standard black or dark green welded pipe;
f) Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable
tighteners shall be turnbuckle or equivalent having asix-inch minimum
take-up. Tension bars shall have a minimum thickness of one-fourth by
three-fourths inch; and
B. Gate Specifications. All chain link fences shall be equipped with at least one (1) gate.
The gate shall meet the following specifications:
1) Each gate shall be not less than twelve (12) feet wide and be composed of two (2)
gates, each of which is not less than six (6) feet wide, or one (1) sliding gate not
less than twelve. (12) feet wide. If two (2) gates are used, gates shall latch and lock
in the center of the span;
2) The gates shall be of black or dark green chain link construction that meets the
applicable specifications, or of other approved material that, for safety reasons,
shall be at least as secure as a chain link fence;
3) The gates shall be provided with a combination catch and locking attachment
device for a padlock, and shall be kept locked except when being used for access
to the site; and
4) Operator must provide the City Fire Chief with a "Knox Padlock" or "Knox Box
with a key" to access the well site to be used only in case of an emergency.
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C. Landscaping.
1) High Impact and Urban Gas Well Permits will require tree preservation and/or
planting measures. Well classifications are established through their proximity to
Protected Uses. A 40% tree canopy requirement through preservation and/or planting
will apply to those wells located two hundred (200) to six hundred (600) feet from a
Protected Use. (High Impact Permit Gas Wells) A 30% tree canopy requirement through
preservation and/or planting will apply to those wells located between six hundred (600)
through one thousand (1,000) feet from Protected Uses. (Urban Permit Gas Well Permit).
The following requirements apply to both High Impact and Urban Gas Well Permits.
a) A minimum retention of 25% of the existing trees will be required as with
other land uses unless removal necessary for location of equipment as
determined by the Gas Inspector.
b) No more than 25% of the same species maybe planted at one site.
c) A minimum of 25% of the planted trees must be an evergreen species; and
d) A minimum of 75% of the planted trees must be located between the gas
well site and protected uses or public way. An administrative waiver of
the 75% placement can be approved by the City Forester with proof that
the proposed planting will screen the negative views into the well site
from the Protected Uses.
e) The percent coverage is established by the actual canopy coverage area
retained and tree plantings. For planted trees, two thousand (2000) square
feet will be credited for large canopy trees, seven hundred (700) square
feet will be credited for medium canopy trees and one hundred (100)
square feet will be credited for small canopy trees at normal grow out.
fj The minimum size of tree planted will be three (3) inches in diameter
measured one foot above ground level. If the tree is multi trunk, the main
stem will be given full credit for its diameter and all other stems will
receive %2 credit. The total of all must be three (3) inches or greater. All
planted trees will be credited its canopy coverage at normal grow out.
g) All trees that die within two (2) years of the date of project completion
will be replaced by another replacement tree. The replacement tree carries
the same two-year replacement requirement. A replacement of any tree
that dies within two (2) years of planting will be replaced by the Operator
or agent and a new two (2) year guarantee will begin at the time of
replacement.
h) All other interpretations of the tree canopy coverage and regulations will
be made by the City Forester and/or Urban Forestry Board.
2) The following list of trees is considered desirable and adapted trees for the Fort
Worth area. Planting of trees for this list is acceptable. Other trees will be considered by
the City Forester and granted on a case-by-case basis. The approval of additional species
will be judged on adaptability, long-term health and growing characteristic of the tree
type.
45
Common Name Scientific Name Canopy Size
Redbud Cercis Canadensis Small
Mexican plum Prtrnus ntexicana Small
Cherry laurel Prunus caroliniana Medium
Eve's necklace Sopltora ajginis Medium
Crab apple Maltrs angtrstifolia Medium
Bradford pear Pyrtrs calleryana var. Bradford Medium
Golden Raintree Koelr:reteria panic:rlata Medium
Cado Maple Acer sacchanmt Large
Red Maple Acer rubrum Large
Bigtoothmaple Acer grandidentattrnt Large
Bur oak Qtrerctrs n:acrocarpa Large
Chinquapin oak Quercus muhlenbergii Large
Live oak Quercus virginiana Large
Shumard red oak Quercus slurmm•dii Large
Texas red oak Quercus lexana Lazge
Post oak Quercus stallata Lazge
Blackjack oak Querctrs ntarilandica Large
Pecan Carya Illinoensis Large
Lacebazk elm Ulmas parvifolia Lazge
Cedar elm Ulnas crassifolia Large
American elm Uknas americana Large
Bald cypress Taxodiunt distichum Large
Black walnut Carya nigra Large
Green ash Fraxin:rs pennsylvanica Large
Texas ash Fraxintrs Lazge
Southern magnolia Magnolia grandiflora Large
~B+ C. 15-44. CLEANUP AND MAINTENANCE.
A. Cleanup after well servicing. After the well has been completed or plugged and
abandoned, the Operator shall clean the drill site or operation site, complete restoration
activities and repair all damage to public property caused by such operations within sixty
(60) days.
B. Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction, the
Operator shall remove or cause to be removed to the satisfaction of the City Fire Chief
and the Gas Inspector all waste materials from any public or private property affected by
such spill, leak or malfunction. Clean-up operations must begin immediately. If the
owner fails to begin site clean-up unmediately the Gas Inspector may then employ any
cleanup expert or experts or other contractors or suppliers of special services, or may
incur any other expenses for labor and material which the Gas Inspector deems necessary
to clean-up such spill, leak or malfunction.
C. li ree from debris. The public street entrance and property on which a well site is located
shall at all times be kept free of mud, debris, pools of water or other liquids,
contaminated soil, weeds, brush, trash or other waste material within a radius of one
hundred (100) feet around any separators, tanks and producing wells.
D. fainting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, secondary containment and buildings or
structures. When requiring painting of such facilities, the Gas Inspector shall consider the
deterioration of the quality of the material of which such facility or structure is
constructed, the degree of rust, and its appearance. Paint shall be of a neutral color,
46
compatible with surrounding uses. Neutral colors shall include sand and unobtrusive
shades of black or dark green.
E. 131owouts. In the event of the loss of control of any well, Operator shall immediately
take all reasonable steps to regain control regardless of any other provision of this
Ordinance and shall notify the Gas Inspector as soon as practicable. The Gas Inspector
shall certify in writing, briefly describing the same, to the City Manager. If the Gas
Inspector , in his opinion, believes that danger to persons and property exists because of
such loss of well control and that the Operator is not taking or is unable to take all
reasonable and necessary steps to regain control of such well, the Gas Inspector may then
employ any well control expert or experts or other contractors or suppliers of special
services, or may incur any other expenses for labor and material which the Gas Inspector
deems necessary to regain control of such well. The City shall then have a valid lien
against the interest in the well of all working interest owners to secure payment of any
expenditure made by the City pursuant to such action of the Gas Inspector in gaining
control of said well.
SEC 15-45. PLUGGED AND ABANDONED WELLS.
A. Surface requirements for plugged and abandoned well. Whenever abandonment
occurs pursuant to the requirements of the Commission, the Operator so abandoning shall
be responsible for the restoration of the well site to its original condition as nearly as
practicable, in conformity with the regulations of this Ordinance.
B. Abandonment shall be approved by the Gas Inspector after restoration of the drill site has
been accomplished in conformity with the following requirements at the discretion of the
Gas Inspector:
1) The derrick and all appurtenant equipment thereto shall be removed from drill
site;
2) All tanks, towers, and other surface installations shall be removed from the drill
site;
3) All concrete foundations, piping, wood, guy anchors and other foreign materials
regardless of depth, except surface casing, shall be removed from the site, unless
otherwise directed by the Commission;
4) All holes and depressions shall be filled with clean, compactable soil;
5) All waste, refuse or waste material shall be removed from the drill site; and
6) During abandonment, Operator shall comply with all applicable sections in this
Ordinance.
C. Abandoned well requirement. The Operator shall furnish the following to the Gas
Inspector:
1) A copy of the W-3A `Notice of Intention to Plug & Abandon' and `W-3 Plugging
Record' forms on the same date these forms are submitted to the; and
2) Prior 48-hour notice of intention to abandon under the provisions of this section
and stating the date such work will be commenced. Abandonment may then be
commenced on or subsequent to the date so stated.
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3) All wells shall be abandoned in accordance with the rules of the Railroad
Commission; however, all well casings and cellars shall be cut and removed to a
depth of at least three (3) feet below the surface. A permanent abandonment
marker pipe, with the well identity and location permanently inscribed, shall be
welded to the casing and shall be at least four (4) inches in diameter with a length
of four (4) feet visible above the ground level.
D. Abandonment requirements prior to new construction. All abandoned or deserted
wells or drill sites shall meet the most current abandonment requirements of the
Commission prior to the issuance of any building permit for development of the property.
No structure shall be built over an abandoned well.
DIVISION VIII. TECIINICAL ADVISOR
SEC. 15-46. TECHNICAL ADVISOR
The City may from time to time employ a technical advisor or advisors who are
experienced and educated in the gas industry or the law as it pertains to gas matters. The function
of such advisor(s) shall be to advise, counsel or represent the City on such matters relating to gas
operations within the City as the City may want or require and the effect thereof, both present
and future, on the health, welfare, comfort and safety of the citizens of the City. In the event
such Technical Advisor(s) is employed for the purpose of advising, counseling or representing
the City relative to an Operator's unique and particular set of circumstances, case or request
relating to this Ordinance, then the cost for such services of such technical advisor(s) shall be
assessed against and paid for by such Operator in addition to any fees or charges assessed
pursuant to this Ordinance. Prior to the employment of a Technical Advisor, the City shall
inform the Operator of the intended scope of work and thee estimated costs and expenses. The
employment of a Technical Advisor shall be approved by the City Council.
DIVISION IX. APPEALS
SEC. 15-47. APPEALS.
A. The City Council shall have. and exercise the power to hear and determine appeals where
it is alleged there is error or abuse of discretion regarding the issuance of a Gas Well
Permit or the revocation or suspension of any Gas Well Pernut issued hereunder as
provided by this Ordinance. Any person or entity whose application is denied. by the Gas
Inspector (other than for distance requirements set out in this Ordinance) or whose Gas
Well Permit is suspended or revoked or whose well or equipment is deemed by the Gas
Inspector to be abandoned may, within thirty (30) days of the date of the written decision
of the Gas Inspector file an appeal to the City Council in accordance with the following
procedure:
1) An appeal shall be in writing and shall be filed in triplicate with the City
Secretary. The grounds for appeal must be set forth specifically, and the error
described, by the appellant.
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2) Within forty-five (45) days of receipt of the records, the City Secretary shall
transmit all papers involved in the proceeding, place the matter on the City
Council agenda for hearing and give notice by mail of the time, place and purpose
thereof to appellant and any other party who has requested in writing to be so
notified. No other notice need be given.
B. Appeal fees shall be required for every appeal in the amount of three hundred ($300)
dollars.
DIVISION X. PENALTY
SEC.15-48. PENALTY.
A. It shall be unlawful and an offense for any person to do the following:
1) Engage in any activity not permitted by the terms of a Gas Well Permit issued
under this Ordinance.
2) Fail to comply with any condition set forth in a Gas Well Permit issued under this
Ordinance; or.
3) Violate any provision or requirement set forth under this Ordinance.
B. Any violation of this Ordinance shall be punished by a fine of not more than two
thousand dollars ($2,000.00) per day, subject to applicable State law. Each day that a
violation exists shall constitute a separate offense.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
and shall not repeal any of the provisions of such ordinances, except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the time of
the effective date of this ordinance; and as to such accrued violations, and all pending litigation,
both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
49
SECTION 4.
That 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 decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or 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 5.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law.
SECTION 8.
It shall be an affirmative defense to prosecution for violation of Section 15-42.B of this
ordinance for violations occurring before August 1, 2006 that the Operator has taken all
50
reasonable available measures to reduce noise and immediately, diligently, and in good faith
attempted to procure additional noise abatement equipment but was unable to do so through no
fault or delay of the Operator.
APPROVED AS TO FORM AND LEGALITY:
By.
Assist t Ci Attorney
Adopted: ~ ~ ~ ' / ~ ~
Effective: ~..,J~~~.Q. ~ ~~
51
Page 1 of 2
Cif of fort Vl/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 6/13/2006 -Ordinance No. 16986-06-2006
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, June 06, 2006
LOG NAME: 06GASDRILLING REFERENCE NO.: G-15226
SUBJECT:
Adoption of Amendment to Article II of Chapter 15, "Gas Drilling and Production" to Amend the
Distance Setback Requirements for High Impact Gas Wells and Revise the Regulations Related
to Notice Provisions, Noise Mitigation, Landscaping, Fencing and Technical Requirements
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Article II of Chapter 15
"Gas Drilling and Production" to amend the distance setback requirements for High Impact Gas Wells and
revise the regulations related to notice provisions, noise mitigation, landscaping, fencing and other technical
requirements.
DISCUSSION:
On December 11, 2001, the City Council adopted Ordinance Number 14880 regulating gas drilling within
the city limits of Fort Worth. At the time the ordinance was adopted, gas drilling was taking place mainly in
the northern and less densely populated area of the City. Since 2001, over five hundred 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.
Due to the increasing impact of noise to residential neighborhoods related to drilling activities nearby, the
City Council appointed a task force in November of 2005 composed of five gas industry representatives,
four developers, two attorneys and nine neighborhood representatives to study and recommend 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 conducted bimonthly meetings from November, 2005 through the month of April, 2006 to
study the ordinance, hear presentations and receive public comments. In addition to their regular meetings,
the Task Force went on two Saturday site tours of various drilling operations to learn about the drilling
process and study the effects of noise mitigation procedures. Don Behrens of Behrens and Associates, Inc.,
an acoustics, noise and vibration consultant from California, was retained to assist the Task Force in
evaluating the noise impacts and to recommend mitigation techniques. Public hearings were held on April
10, 2006 at North Fort Worth Baptist Church and April 20, 2006 at City Hall in order for the Task Force to
receive public comments on the proposed recommendations for revisions to the current ordinance.
In addition to noise mitigation procedures and revisions to the standards allowed for noise decibel levels,
the Task Force recommended increasing the permitted drilling distance requirements from protected uses
for high impact permits, adding further notification and informational meetings for the citizens of Fort Worth,
additional site security, signage, fencing, landscaping and other revisions that will further protect surface
property rights, but continue allow access and the orderly exploration, development, and production of gas
and other hydrocarbons in and under the City. The proposed ordinance also includes revisions to the
technical regulations as recommended by the City's gas inspectors.
http://www.cfwnet.org/council~acket/R.eports/mc~rint.asp 6/30/2006
Page 2 of 2
It is advisable to amend the current regulations for the drilling, production and redrilling of gas so that these
activities may be conducted in a manner that protects the public health, safety and welfare of the citizens of
Fort Worth and minimizes the potential impact of surface property and mineral rights owners.
The gas drilling ordinance affects ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this will have no material affect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Bob Riley (8901)
Sarah Fullenwider (7619)
David Lunsford (2339)
http://www.cfwnet.org/council~acket/R.eports/mc~rint.asp 6/30/2006