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HomeMy WebLinkAboutOrdinance 17224-10-2006ORDINANCE NO. 17224-10-20D6 AN ORDINANCE ESTABLISII[ING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SALT WATER DISPOSAL WELLS PENDING CONSIDERATION OF REVISED REGULATIONS REGARDING SALT WATER DISPOSAL WELLS IN THE CURRENT GAS DRILLING ORDINANCE; PROVIDING AN APPEAL PROCEDURE; PROVIDING A SEVEI2ABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WI~EREAS, an December 11, 2001, the City Council adopted Ordinance Number 14880 regulating gas drilling within the city limits of Fort Worth; and WHEREAS, the ordinance adopted in December of 2001 prohibited salt water disposal wells within the city limits of Fort Worth; and WHEREAS, since 2001 over five hundred permits have been issued for drilling and productian 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 northena part of tlae City to more densely urbanized areas in the southern, western and eastern portions of the City; and WHEREAS, in December of 2005, the City Council appointed a task force composed of representatives of the gas industry, developers and neighborhood representatives to study revisions to the gas drilling ordinance that would improve the quality of life for those citizens working and living near the drilling sites; and WHEREAS, the task force recommended increasing the permitted distance requirements for high. impact permits, increasing notification to the citizens of Fort Worth, additional noise abatement procedures, site security, signage, and other revisions, that will provide additional protections of surface property rights but continue to allow access to the minerals; and WHEREAS, a~a additional co~acern raised by the task farce was the amount of truck traffic on city roads as a result of drilling within the City and the hauling of salt water to salt water disposal wells outside the city limits; and WIIEREAS, before adoption of the proposed revised ordinance on June 13, 2006, regulations were added to allow salt water disposal wells within the city limits in industrially zoned districts for lease use only, provided the salt water was injected into the Ellenberger 10-0-C,CR1()~I':> RCt~D Formation and the casing is cemented to the surface, for the purpose of reducing truck traffic related to salt water disposal; and W~7CEREAS, since the adoption of Ordinance Number 16986-06-2006, a variance request was submitted for the City Council's consideration to allow salt water to be injected into the Caddo Sands formation without cementing the casing to the surface, raising concerns about surface and ground water contamination ;and WHEREAS, it is advisable to further study all the impact and effects of salt water wells within the city limits, any alternative methods available for the disposal of the salt water; and the current state laws and city regulations for the disposal of salt water within the city limits of Fort Worth; and WHEREAS, the City Council anticipates that, by 7anuary 1G, 2007, the Development and Environmental Departments could present proposed regulations on the disposal of salt water within the city limits N®W, THEREFORE, BE IT ORDAII®1ED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEAS, AS FOLLOWS: SECTION ] . Inter t A. It is the intent of this ordinance to limit temporarily, except as otherwise provided herein, the acceptance of applications for any type of salt water disposal wells in order to maintain the status qua pending consideration of the adoption of any amended regulations. B. It is recognized that there is a need to establish regulations addressing the disposal of salt water due to the applications for variances to the current regulations. C. The intent of dais ordinance is to promote the orderly development of the City of Fort Worth, to protect the public health, safety and general welfare of the citizens of the City of Fort Worth and to maintain the status quo pending adoption of such. regulations. It is not the intent of this ordinance to deny development rights protected bylaw. D. Further, it is the intent of the City to address the disposal of salt water in the City in an expeditious manner and with. due regard for the legal rights of citizens and property owners in Fort Worth. 2 SECTION 2. Dei$nitions "Application" means a request for any type of salt water disposal well located within the City of Fort Worth. SECTI®N 3. Isianitaton_on Acce~tanee of Applications A. Except as otherwise provided herein, after the effective date of, and extending for the duration of this ordinance, no employee, officer, agent, department or commission of the City shall accept for filing any application for any type of salt water disposal well. B. Applications unrelated to any type of salt water dlsposal well axe not subject to the moratorium. C. The Development Director, the gas inspector, building official, or other city official responsible under city regulations for reviewing an application, as defined herein, for the Property shall determine whether the application is subject to the moratorium. Acceptance of an application for the limited purpose of such xeview shall not constitute fling or acceptance of the application. In the event the official determines an application is subject to the moratorium, the official shall take no further action on the application and shall return the application, together with any proffered application fee, to the applicant with the notification that the application will not be accepted for filing or filrther processing for the duration of this ordinance and any extension thereof. SECTION ~. Terrri of Urdinanee Unless extended by the City Council, this ordinance shall continue in effect until January 16, 2007 at 11:54 p.m., or until the City Council terminates the moratorium, whichever occurs first. 3 SECTION 5. Ai~peal~ A. If the Development Director, gas inspector, building off cial, or other city official refuses to accept an application, the applicant may appeal the decision to the City Council. The appeal shall be in writing and shall be transmitted to the Office of the City Attorney within ten days after receipt of notification that the application will not be accepted far filing. B. The appeal shall be considered by the City Council within 20 days after the appeal is received in the Office of the City Attorney, unless the applicant requests a later hearing. The City Council shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that enforcement of this ordinance as to the applicant would deprive the applicant of rights protected by law. C. The City Council may ia1~e the following actions an an appeal: (1) deny the appeal, in which case the application shall not be accepted; or (2) grant the appeal, and direct the Development Director to accept the application for filing and processing. D. fn no event shall acceptance of an application guarantee that the City will issue the permit, unless the application is in compliance with all applicable codes, laws and regulations. SECTION 6. p-__ -- d[ie~g, .applications at_ _p cable to P~~,,,..,,..... This ordinance does not apply to applications that have been accepted by the City before the enactment of this ordinance. Such applications shall be processed in accordance with applicable policies and procedures and shall not be affected by the enactment of this ordinance. SECTION 7. Cumulative Effect This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (198b}, as amended, except where the provisions of this ordinance are 4 in direc# conflict with the provisions of such ordinances and such Cade, in which event such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. ~ECT~ON 8. Seyexabillty It is hereby declared #o be the intention of the City Council that the sections, paragraphs, se~atences, 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 unconsti#utional by the valid judgment or final decree of a.court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall nat affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9, EfI'eetive Date This ordinance shall take effec# upon adoption. .A~PPROVEI<3 AS T® FORM r-~ND LEGALICTY: Assistant it ttorney ADOPTED: October 3 2006 EFFECTIVE: October 3, 2000 5 City ®f F®l~ V~/~1"f'~t, l"eXa~ r ~~~ is ti COUNCIL ACTION: Approved on 10/312006 -Ordinance No. 17224-10-2006 ®ATE: Tuesday, October 03, 2006 LOG NAIIAE: 'i2SALTWATERMORT REFERENCE NO.: G-15433 SUBJECT: Adoption of Ordinance Establishing a Moratorium until January 16, 2007 on Acceptance of Applications for Salt Water Disposal Wells within the City Limits -- -. RECONflllll NDATION_: It is recommended that the City Council adopt the attached ordinance establishing a moratorium until January 16, 2007 on the acceptance of applications for salt water disposal wells as regulated by the Gas Drilling Ordinance. DISCUSStON» C}n December 11, 2001, the City Council adopted Ordinance No. 14880 regulating the drilling and extraction of natural gas within the city limits. The ordinance adopted in 2001 prohibited salt water disposal wells within the city limits of Fort Worth. Since 2D01, over five hundred permits have been issued for drilling and production of gas within the city limit and gas drilling and production has moved from sparsely populated areas in the northern part of the City to more densely urbanized areas in the southern, western and eastern portions of the City. In December of 2005, the City Council appointed a task force composed of representatives from the gas industry, developers and neighborhood representatives to study revisions to the gas drilling ordinance that would improve the quality of life for those citizens working and living near the drilling sites. The task force recommended increasing the permitted distance requirements for high impact permits, increasing notification to the citizens of Fart Worth, additional noise abatement procedures, site security, signage, and other revisions, that would provide additional protections of surface property rights but continue to allow access to the minerals. An additional concern raised by the task force was the amount of truck traffic on city roads as a result of drilling within the City and the hauling of salt water to salt water disposal wells outside the city limits. Before the adoption of the revised gas drilling ordinance on June 13, 2006, regulations were added to allow salt water disposal wells within the city limits in industrially zoned districts far lease use only, provided the salt water was injected into the Ellenberger Formation and the casing is cemented to the surface. The regulations were added far the purpose of reducing truck traffic related to salt water disposal. Since the adoption of Qrdinance No. 16986-D6-2D06, a variance request was submitted for the City Council's consideration to allow salt water to be injected into the Caddo Sands formation without cementing the casing to the surface, raising concerns about possible contamination to the ground and surface water and surrounding property. Due to the environmental and other health and safety concerns, it is advisable to further study all the impacts and effects of salt water wells within the city limits, any alternative methods available for the disposal of the salt water; and the current state laws and city regulations for the disposal of salt water within the city limits of Fort Worth. Lognazne: 12SALTWATERMORT Page I of 2 Staff anticipates that, by January '16, 2007, the Development and Environmental Departments could present proposed revised regulations to the City Council on the disposal of salt water within the city limits Adoption of the moratorium will maintain the status quo while the staff prepares and presents to the City Council proposed revisions to the current ordinance regulating salt water disposal wells within the city limits of Fort Worth. The ordinance would not apply to applications that have been accepted by the City before the enactment of this ordinance. FISCAL INFORMATiON1CERTIFICATION: The Finance Director certifies that this will have no material affect on city funds. TO FundlAccountlCenters FROM FundlAccountlCenters Submitted for City Manager's Office b~ Dale Fisseler (6266) Oriainatina ©enactment Head: ^avid Yett (7623) Additional Inforrr~ation Contact: Sarah Fullenwider (7619) Lagnaz~ne: 12SALTWATERMORT t'age 2 0~2