HomeMy WebLinkAboutOrdinance 18449-02-2009ORDINANCE NO 18449-02-2009
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, GAS PIPELINES, 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 PROVIDING THAT ORDINANCE NUMBERS
18399-12-2008 AND 18412-12-2008 ARE REPEALED AND NAMING AN EFFECTIVE
DATE
WHEREAS, on December 11 2001 the City Council adopted Ordinance Number 14880
regulating gas dnlling within the city limits of Fort Worth, and
WHEREAS, since 2001 over one thousand permits have been issued for dnlling and
production of gas within the city limits, and
WHEREAS, between 2001 and 2006 gas dnlling and production moved from sparsely
populated areas m the northern part of the City to more densely urbanized areas m the southern,
western and eastern portions of the Crty and
WHEREAS, in 2006 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 dnlling sites,
and
WHEREAS, the 2006 task force recommended an increase to the permitted distance
requirements for high impact permits, increased notification to the citizens of Fort Worth,
additional noise abatement procedures, site secunty signage, and other revisions to provide
additional protections of surface property nghts but continue to allow access to the minerals, and
WHEREAS, in June of 2006 the City Council amended the Gas Drilling Ordinance for
the drilling, production and redrilling of gas so that these activities may be conducted m a
manner that protects the public health and welfare of the citizens of Fort Worth, conforms with
established codes and regulations while minimizing the potential impact to surface property and
of mineral nghts owners, and
WHEREAS, m 2008 the City Council appointed a third task force of gas industry
developer and neighborhood representatives to study revisions to the Gas Dnlling Ordinance,
including revisions to the current regulations for compressors, noise, public notice, Protected Use
definitions, setbacks, roads, and other revisions that will improve the quality of life while
allowing the continued access to the minerals, and
WHEREAS, the City Council also directed staff to study the continued impact of the use
of city roads, pipelines and environmental issues and recommend revisions to the ordinance to
address these concerns, and
WHEREAS, the federal Pipeline Safety Act was enacted in 1994 to prescribe minimum
safety standards for pipeline transportation and pipeline facilities and as such, m the area of
natural gas, cities are expressly preempted from establishing safety standards for pipelines
facilities or pipeline transportation, and
WHEREAS, through the Pipeline Safety Act, the Texas Utilrties Code gives the Railroad
Commission of Texas exclusive jurisdiction over safety standards related to pipelines and
intrastate gas transportation, but allows municipalities to adopt standards governing the
installation and maintenance of pipelines m certain areas, and
WHEREAS, m accordance with Section 121.202 of the Texas Utilities Code,
municipalities can adopt standards regarding pipelines and pipeline facilities related to mapping,
inventorying or relocating pipelines over under along, or across a public street or alley or
Private Residential Areas m the boundaries of a mumcipalrty and
WHEREAS, the City Council deems it advisable to adopt standards governing the
installation and maintenance of pipelines and pipeline facilities in these permitted areas to ensure
the compatibility of pipelines and compressor stations to the surrounding uses, reduce associated
noise, maintain property values, and protect the quality of life by minimizing the impact of
pipelines and related facilities on the citizens of Fort Worth, and
WHEREAS, the City Council deems it advisable to address a mayor source of emissions
m Fort Worth by requiring techniques or methods that minimize the amount of natural gas and
vapors released to the environment when a well is being flowed during the completion or re-
completion phase of a Barnett Shale well, and
WHEREAS, on December 9 2008, the Crty Council amended the Gas Drilling
Ordinance, including revisions for new environmental provisions to reduce emissions from wells
and trucks, new salt water piping standards, the requirement for the submission of noise
management plans, mitigation and enforcement of low frequency and pure tone noise,
compressor setback and noise standards, permits and standards for certain pipeline routes, the
creation of a gas drilling review committee to provide problem solving venue for high impact
wells, pipelines through residential areas, and non-commercial truck routes, clarification of
definitions and language for clearer enforcement; the establishment of landscaping deadlines, the
creation of permitting and regulations for fracture ponds and a requirement for surface
reclamation plans (Ordinance Number 18399-12 2008) and
WHEREAS, on December 9th, the Crty Council did not adopt proposed provisions
related to the definition of a public building and the requirements of a multiple well site permit m
order to study the two issues further at the next City Council meeting; and
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WHEREAS, on December 16 2008 the City Council adopted Ordinance Number
18412 12 2008 related to the definition of a public building and the requirements of a multiple
well site permit; and
WHEREAS, in order to improve the staff, industry and public s understanding and to
facilitate the application of the gas drilling regulations, it is advisable to repeal both ordinances
and combine the regulations m Ordinance Numbers 18399-12 2008 and 18412 12 2008 into one
ordinance; and
WHEREAS the provisions set forth m 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 of property
rights,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
Article II of Chapter 15 `Gas" entitled `Gas Drilling and Production, of the Code of
Ordinances of Fort Worth, Texas is hereby amended in its entirety to reads as follows.
DIVISION I. PURPOSE
SEC. 15-30. PURPOSE.
The exploration, development, and production of gas m the City are activities which
necessitate 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 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 m this Ordinance, shall have the meanings ascribed to them m this Section,
except where the context clearly indicates a different meaning:
A. Abandonment means abandonment" as defined by the Railroad Commission of Texas
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 Preventer 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 cari be closed around the
dell pipe, or other tubular goods which completely close the top of the casing and are
designed for preventing blowouts.
D Building means any structure used or intended for supporting or shelteung 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 m the
immunity region. The required cathodic protection current is supplied by sacuficial
anode materials or by an impressed current system.
F Cessation of Drilling Activities means the time when the Blowout Protectors (BOPS)
are removed or otherwise rendered inoperable and/or there are no further activities to
trip dell pipe, casing or insert other tools into or out of the hole.
G. City means the City of Fort Worth.
H. City Code means the Code of the City of Fort Worth.
I. City Attorney means the City Attorney of the City of Fort Worth.
J City Regulated Pipelines means those pipelines within the City that under federal and
state rules and regulations are not exempt from City regulations and ordinances
regarding mapping, inventorying, locating or relocating of pipelines, including, but not
limited to pipelines over under along, or across a public street or alley pipelines from
the well to the first point of custody transfer or m Private Residential Areas within the
boundaries of the City
K. Closed Loop Mud System means a system utilized while dulling so that reserve pits are
not used and instead steel bins are used to collect all drilling waste.
L. Commission means the Railroad Commission of Texas and all state rules.
M. Commencement of drilling activities means the reflection of either `Spud Well or
`Nipple Up the Blow Out Protectors (BOP) by the dulling contractors on the IADC
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API Daily Drilling Report Form maintained by the Operator's tool pusher on the pad
site.
N Completion of drilling, re-drilling and Re working 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
O Daytime means the period from 6.00 am to 7.00 pm.
P Decibel (db) means a unit for measuring the mtensrty of a sound/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.
Q Demobilization means those activities when the drilling has ceased and the rig
equipment and related pad site equipment is being dismantled for the purpose of
moving off the drill pad site.
R. 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.
S. 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 m~ectmg gas,
water or any other fluid or substance into the earth.
T Drilling Equipment means the demck, together with all parts of and appurtenances to
such structure, every piece of apparatus, machinery or equipment used or erected or
maintained for use m connection with drilling.
U Drilling Operations means drilling with drill pipe and bit, running casing, circulating
mud and fluids, tripping tools and setting production casmg/tubmg.
V Exploration means geologic or geophysical activities, including seismic surveys,
related to the search for gas or other subsurface hydrocarbons.
W FEMA means Federal Emergency Management Agency
X. FIRM means Flood Insurance Rate Map
Y Fire Department means the Fire Department of the Crty of Fort Worth.
Z. Flowback means the process of flowing acompleted/fractured well for the purpose of
recovering water and residual sand from the gas stream prior to sending gas down a
sales line.
AA. Fracture or Fracturing means the process of fracture stimulation of a rock formation.
BB. Freshwater Fracture Pit means a pit used for the collection and storage of Fresh Water
for the purpose of fracture stimulation of Gas wells.
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CC. Fresh Water means water obtained from any source (natural or reuse) that contains
3000 ppm chlorides or less or as defined by the Railroad Commission of Texas.
DD 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
occurnng m or derived from petroleum or natural gas.
EE. Gas Drilling Review Committee means a committee consisting of applicable Crty
Departments assembled for the purpose of reviewing wells drilled within six hundred
(600) feet of a Protected Use without waivers, all Pipeline Permit applications for gas
pipelines through a Private Residential Area, and permit applications involving non-
commercial truck routes. A Parks Advisory Board member will be included on the Gas
Drilling Review Committee when any of the aforementioned reviews affects dedicated
public parkland.
FF Gas Well means any well dulled, to be drilled, or used for the intended or actual
production of natural gas.
GG Habitable Structure means any structure for which a certificate of occupancy is
required. A habitable structure shall not include detached accessory buildings, garages
and sheds.
HH. Hospital Building means any building used or designed to and intended to be used for
medical, surgical, psychiatric, nursing or custodial care on a 24-hour basis, including
convalescent facilities, social rehabilitation centers, mental hospitals, detoxification
facilities, and alcohol and drug centers.
II. Inspector means the Gas Inspector(s) or other Inspectors as needed and as designated
by the City
JJ Lift Compressor means a device that raises the pressure of a compressible fluid (gas) in
order to lift gas from the well.
KK. Line Compressor means a device that raises the pressure of a compressible fluid (gas)
m order for the gas to be transported through a pipeline.
LL. Mobilization means those activities when the dulling rig and related equipment and
personnel arrive at the well site and are conducting activities to rig up or position the
rig equipment at the well and prepare for drilling. This includes all activities and
services prior to the dell bit being lowered below the rotary table and entering the
conductor pipe m an attempt to make hole ("spud in') for the first time at the pad site.
MM. Multiple Well Site Permit means that permit issued for the sole purpose of allowing
future wells to be drilled on an existing pad site and within six hundred (600) of
Protected Uses without obtaining waivers and/or variances.
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NN Nighttime means the period between 7 00 p.m. and 6.00 a.m.
00 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 m charge and m control of
drilling, maintaining, operating, pumping or controlling any well, mcludmg, 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
PP Outer Boundary Surface Property Line means the outer boundary of any property for
which a preliminary plat or concept plan has been filed with the City of Fort Worth.
QQ Person means both the singular and the plural and means a natural person, a
corporation, association, guardian, partnership, receiver trustee, administrator
executor and fiduciary or representative of any kind.
RR. Pipeline means all parts of those physical facilities through which gas, hazardous
liquids, Fresh Water salt water or chemicals move m transportation, mcludmg but
limited to pipe, valves and other appurtenance attached to pipe, whether or not laid in
public or pnvate easement or public or pnvate Right-of way within the City mcludmg
but not limited to gathering lines, production lines and transmission lines. This
definition does not include pipelines associated with franchise utilities.
SS. Pipeline Construction means the initiation of any excavation or other disturbance of
property for the purpose of installation, construction, maintenance, repair replacement,
modification or removal of a pipeline.
TT Pipeline or Well Emergency means a pipeline or well incident that is required to be
reported to the Railroad Commission, the Texas Commission on Environmental
Quality or any federal, state, or local regulatory agency
UU Pipeline Permit means a permit for the movement of gas, oil, water or other products.
W Pipeline Operator means any person owning, operating or responsible for operating a
pipeline.
WW Private Residential Area means any area within the temtonal hmrts of the Crty zoned
and used as single or multi family residential.
XX. Property Owner means the owner of the surface property
YY Protected Use means a Residence, Religious Institution, Hospital Building, School or
Public Park.
ZZ. Public Building means all buildings with occupancies of 50 or more persons and more
than 750 square feet used or designed to and intended to be used for motion picture
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theaters, symphony and concert halls, television and radio studios admitting an
audience, theaters, banquet halls, night clubs, restaurants, taverns and bars, amusement
arcades, art galleries, bowling alleys, community halls, courtrooms, dance halls,
exhibition halls, funeral parlors, gymnasiums without spectator seating, indoor
swimming pools and tenors courts without spectator seating, lecture halls, libraries,
museums, waiting areas m transportation terminals, pool and billiard parlors, arenas
with spectator seating, skating ranks with spectator seating, swimming pools with
spectator seating, tenors courts with spectator seating and amusement park structures,
bleachers, grandstands and stadiums used for viewing outdoor activrhes.
AAA. Public Park means any land area dedicated to the City for traditional park like
recreational purposes.
BBB. 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.
CCC. Reduced Emission Completion (Green Completion) means techniques or methods that
minimize the release of natural gas and vapors to the environment when a well is being
flowed during the completion or re-completion phase of a Barnett Shale well.
DDD 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.
EEE. Residence means a house, duplex, apartment, townhouse, condominium, city inspected
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 Residence shall include assisted living facilities,
nursing homes (both intermediate care facilities and skilled nursing facilities),
residential board and care facilities, group homes, 24-hour shelters, half way houses,
hotels, motels and ails.
FFF 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.
GGG 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.
HHH. School means any public and private, primary and secondary educational facilities
providing education or off-site related School sports venues 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
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III. Site means the area used for drilling, development and production and all operational
activities associated with gas production.
JJJ Site Preparation means any grading, tree removal, construction of access roads,
delivery of fill material, staging of equipment or any other activity that would disturb
the surface of the property
KKK. State or Federal Regulated Pipelines means those pipelines within the City that under
state and federal rules and regulations are exempt from City regulations and ordinances
regarding mapping, inventorying, locating and relocating of pipelines.
LLL. Street means any street, highway sidewalk, alley avenue, recessed parking area or
other public Right-of way including the entire Right-of way
MMM. Tank means a container covered or uncovered, used m conjunction with the drilling or
production of gas or other hydrocarbons for holding or storing fluids.
NNN Technical Advisor means such person(s) familiar with and educated in the gas industry
or the law as rt relates to gas matters that maybe retained from time to time by the City
000 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 infection well for secondary recovery disposal or production of gas, or other
hydrocarbons from the earth.
PPP Workover Operation means work performed in a well after its completion m an effort
to secure production where there has been none, restore production that has ceased or
increase production.
DIVISION III. GAS INSPECTOR
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 m petroleum engineering with a
background m 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.
B. 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 m
the Crty to determine that the wells are operating m accordance within proper 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 and Pipeline Permits or other permits as required by this Ordinance.
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 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 and Gas Well Division m writing of any change m such agent or
such mailing address unless operations within the City are discontinued.
DIVISION V GAS WELL PERMITS
SEC. 15-34. GAS WELL PERMIT REQUIRED.
A. A person wanting to engage in and operate m 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 m any way m 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 m 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 for seismic surveys unless the survey is conducted on City owned
property or Crty rights-of ways unless such requirement is waived by the Crty
B. Operator must apply for and obtain a Gas Well Permit for the dnllmg, re-drilling,
deepening, re-entering, activating or converting of each well.
C A Gas Well Permit shall not constitute authority for the re-entering and dulling 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.
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D When a Gas Well Permit has been issued to the Operator for the dulling, 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-dulling, 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 and post a sign as
described below 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 m 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. 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
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 if drilling of the well bore has not
commenced within three hundred sixty five (365) days from the date of the issuance of
the Gas Well Permit.
A Gas Well Permit maybe extended one time by the Gas Inspector for an additional three
hundred sixty five (365) days upon request by the Operator if:
1 Operator provides proof that there are no additional Protected Uses within six
hundred (600) feet from the time of the filing of the original permit applications, and
2 The request is submitted prior to the expiration of the original permit.
No permit shall be extended beyond the expiration date of the current Railroad
Commission permit.
G The Gas Well Permits required by this Ordinance are m addition to and are not m 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•
1 any wells that are existing, previously permitted or approved by the City within the
corporate limits of the City on the effective date of the 2001 Gas Drilling Ordinance
(Ordinance Number 14880) or
2 any wells where drilling has commenced on the effective date of the 2001 Ordinance;
or
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3 any wells in existence or on any wells on which drilling has commenced on land
annexed into the City after the effective date of the 2001 Ordinance; or
4 any well that was planned for the land before the 90th day before the effective date of
its annexation and one or more licenses, certificates, permits, approvals, or other forms of
authorization by a governmental 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 annexation into the City to designate a Gas
operation as apre-existing operation by filing a site plan drawn to scale that shows the
proposed location of the well or pad site with respect to survey lines and the proposed
associated production facilities, if any or designate an existing pad site as a Multiple
Well Site with the Gas Inspector
An Operator or Property Owner shall have forty five days after the effective date of this
Ordinance to notify the City of well sites existing prior to January 1 2009 that have a
Protected Use (permitted or built), as defined m the 2006 Gas Drilling Ordinance
(Ordinance Number 16986), or a residential lot that is located between three hundred
(300) feet and two hundred (200) feet from an existing well site. Sites that meet the above
notice and distance requirements will be grandfathered to the setback requirements
existing prior to January 1 2009 For residential lots only if the above required notice is
not received by the City within forty-five (45) days, the minimum setback distance may
be reduced by the City Council to two hundred (200) feet.
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 without obtaining a floodplam
development permit from the Transportation and Public Works Department.
K. No Gas Well Permit shall be issued without an approved erosion control and grading plan
as required by the City to prevent any off site migration of silt and sediment.
L. No Gas Well Permit shall be issued for any well to be drilled on City owned property
without the poor 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. Multiple Gas Well Pad Site Permit. At the time the Operator submits an application for
the issuance for a single well permit, the Operator at his option, may also request the
issuance of a Multiple Well Site Permit for drilling future wells. Applications for Gas
wells drilled on a Multiple Well Site shall comply with the following:
1 For all purposes, the measurement shall be from the boundary line of the pad site.
2. If the pad site is located within six hundred (600) feet of a Protected Use at the
time of the filing of a Multiple Well Site Permit application, the applicant must obtain a
variance granted by the City Council or waivers from all Protected Uses within a six
hundred (600) foot radius before the Multiple Well Site Permit maybe issued.
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3 Notice that a Multiple Well Site Permit application has been filed with the City
must be included m any notice to Property Owners and m the published newspaper notice
as required by Section i 5-36 for the initial Gas Well permit.
4 All Multiple Well 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 Multiple Well 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 Multiple Well Site Permit.
5 Prior to the issuance of a Multiple Well Site Permit by the City the Operator must
place at least one sign on the property located m a conspicuous place or places upon the
property at a point or points visible from the nearest 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 Multiple Well Site Permit
to dell multiple wells for gas on this site has been applied for and shall further set forth
that additional information can be acquired by telephoning the apphcant/Operator at the
number indicated on the sign. A permanent sign approved by the Gas Inspector indicating
that a Multiple Well Srte Permit has been issued shall remain posted at the pad site
location for the duration of the Multiple Well Site Permit.
6 Prior to the commencement of dnllmg of each additional Gas Well on a permitted
Multiple Well Site Permit 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.
7 All subsequent Gas Wells drilled on a permitted Gas Well pad site permit shall
comply with all 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. No variance or waiver for a distance setback from a
Protected Use shall be required for subsequent wells, however no well shall be drilled
closer than three hundred (300) feet from any Protected Use or Public Building.
8 No Multiple Well 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
9 All wells will be set back a minimum of seventy five (75) feet from the outer pad
site boundary
10 The Multiple Well Site Permit shall automatically terminate if drilling of the
initial well bore has not commenced within three hundred sixty-five (365) days from the
date of the issuance of the Gas Well Permit unless the initial Gas Well Permit is extended
by the Gas Inspector
11 The issuance of a multiple well 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 15-36
of this Ordinance. All Gas Wells drilled upon a permitted Gas Well pad site must
otherwise comply with any dnllmg 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.
N By acceptance of any Gas Well Permit issued pursuant to this Ordinance, the Operator
expressly stipulates and agrees to be bound by and comply with the provisions of this
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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 m such Gas Well Permit.
O Gas Drilling Review Committee (GDRC).
1 All applications where a City Council waiver is required, all applications that
involve non commercial truck routes and all applications for gas Pipelines or gas Pipeline
facilities located m a Private Residential Area shall be reviewed by the Gas Drilling
Review Committee (GDRC) prior to the application being presented to the City Council
or administratively issued by the City staff, where applicable.
2. The GDRC shall be composed of Crty staff representatives from the
Transportation and Public Works, Gas Inspectors, Water Planning and Development,
Law Community Relations and Parks and Community Services Departments. A
representative from the City's Parks Advisory Board shall sit as a committee member
when the application involves drilling within six hundred (600) feet of a Public Park,
drilling on a Public Park or a Pipeline through a Public Park. The committee shall be
chaired by the Assistant Director of Planning and Development Gas Well Division.
3 Notice of GDRC meeting shall be mailed ten (10) days after receipt of the
application to
a. All neighborhood associations within %Z mile of drill site;
b All Property Owners within one thousand (1 000) feet of the proposed well,
c. All Property Owners fronting or along the non-commercial truck route; and
d. All Property Owners along the proposed Private Residential Area Pipeline
route.
Notices shall follow the same format used for adoption of zoning regulations and district
boundary changes and shall include a description of the application, the proposed truck
route, distance setbacks, a location map and the GDRC meeting date and time. Notices
shall include the email and phone contact information for the Operator and the street
address for the well location.
All notices and applications shall be placed on the City's webpage m an electronic
format.
4 The GDRC meeting shall be conducted m the following manner
a. The Operator (or Pipeline Operator where applicable) shall present
overview of the application.
b Staff shall present the staff report including applicable ordinance
regulations.
c. Following the presentations, a total of fifteen (15) minutes shall be allotted
for citizen comments from the notified persons listed in number 3 above.
S If the application involves a Public Park issue, the Parks Advisory Board
representative shall report the recommendation of the GDRC to the Park Advisory Board
at their next meeting.
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6 No continuance shall be allowed unless requested by the Operator/applicant. If a
continuance is requested, the Operator must submit new revisions within two weeks of
the initial GDRC hearing date. Notices to neighborhood associations and Property
Owners as outlined m Number 3 above will be resent with revised mformahon.
7 The GDRC shall submit a written report with the Mayor and Council
Communication permit request on all apphcahons involving Gas Wells or Multiple Well
Site Permit without waivers and Pipelines within the City's rights-of way The report
shall include the staff and citizen concerns and any unresolved issues. The GDRC shall
submit a recommendation to the Gas Well Division on all applications that involve non-
commercial truck routes and all applications for Pipelines or Pipeline facilities located m
a Private Residential Area.
8 The results and recommendations of the GDRC shall be sent to the Operator or
Pipeline Operator and shall be posted on the City's webpage within two weeks following
the GDRC meeting.
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 m
wasting 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 m the City Code of
Ordinances for 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 indicating commercial and
non-commercial routes.
4 Proposed well name.
5 Surface owner name(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 regulatory response and supervisory authority over
all gas operation site activities and a phone number that is answered on a 24-hour
basis.
9 Location and description of all improvements and structures within six hundred
(600) feet of the well.
~5
10 Owner and address of each parcel of property within six hundred (600) feet of the
proposed drill site.
11 A surveyed site plan of the proposed operation site shall display a Registered
Professional Land Surveyor seal, a legend with scale for measurements and a
complete legal description. The site plan shall include specific details to the
projected location of the mayor components of the drilling site, the location of all
improvements and equipment, including the location of the proposed well(s) and
other facilities, including, but not limited to tanks, City Regulated Pipelines,
compressors, separators, lights, storage sheds, fencing, driveway approaches and
any access roads. Surveyed site plan shall show the location of specific wells,
pipelines, tanks and reservoir(s) m relationship to 'existing and proposed water and
sanitary sewer lines and any other utility easements. The site plan shall also
indicate floodway floodplam or City recognized drainage ways and the elevation
and slope of the pad site which indicates compliance with the then current Fill
Ordinance, impacted vegetation, tree survey creeks and other topographic
features, compliance with the landscaping requirements as set out in Section 15-
43 of this Ordinance, adjacent Buildings and other structures and the measured
distance from the well site to these Buildings and structures, temporary and
permanent fencing and landscaping.
12 The name, address and a phone number that is answered on a 24-hour basis of the
person to be notified m case of an emergency
13 The exact and correct acreage and number of wells, if applicable, included m the
Gas Well Permit application.
14 Copies of all reports submitted to 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, dulling, production, and operation of Gas Wells.
16 Copies of erosion control and grading plans.
17 A description of the water source to be used during dulling.
18 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 poor to the commencement of any onsite
activity
19 A copy of the determination by the Texas Commission on Environmental Quality
(TCEQ) of the depth of useable quality ground water
20 Evidence of insurance and security requirements under this Ordinance.
21 A statement, under oath, signed by the Operator or designated representative, that
the information submitted with the apphcahon is, to the best knowledge and belief
of the Operator or designated representative, true and correct.
22. All applicable City departmental reviews and approvals.
23 Fracture pond permit/approval.
24 A Surface Reclamation Plan.
16
25 The proposed gathering Pipeline route from the well to the transmission Pipeline,
including all existing and proposed City rights-of way and public or private
property crossed by the proposed gathering Pipeline.
26 Noise Management Plan as outlined in Section 15-42.B
27 All required application and Gas Well Permit fees.
28 A copy of the approved Commission permit to drill together with attachments and
survey plats which are applicable to the drill site.
No permit shall be issued until a copy of the approved Railroad Commission
permit to drill together with all submitted attachments and survey plats which are
applicable to the drill and operation sites are submitted to the Gas Inspector
SEC. 15-36. GAS WELL PERMITTING PROCEDURE.
A. WELLS LOCATED WITHIN SIX HUNDRED (600) FEET OF A PROTECTED USE.
A Gas Well Permit shall not be issued for any well to be drilled within six hundred (600)
feet of a Residence, Religious Institution, Hospital Building, School or Public Park
without:
1 Waiver granted by the City Council, or
2 Written notarized waiver granted by 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 m the applicable county records prior to
the application of a Gas Well Permit.
This setback distance maybe reduced, but never less than three hundred (300) feet, from
any Residence, Religious Institution, Hospital Building, School or Public Park.
This provision applies to any existing Residence, Religious Institution, 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
The measurement of the six hundred (600) foot distance shall be made from the well
bore, m a straight line, without regard to mtervemng structures or objects, to the closest
exterior point of the building or boundary line of a Public Park or property line of a
School.
B. Application Requirements.
In addition to the requirements of Section 15-35 an application for a Gas Well Permit to
drill a well within six hundred (600) feet of a Protected Use shall include a letter to the
Assistant Director of Planning and Development -Gas Well Division requesting a public
hearing to obtain a Gas Well Permit from Crty 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 m the applicable county deed records.
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C. Permitting Procedure for Request of a Waiver by the City Council.
1 Within forty-five (45) days of receipt of a complete application, a site plan and a
request for a waiver to dell a Gas Well within six hundred (600) feet of a Protected Use,
the Gas Inspector shall schedule the matter on a City Council night agenda for a public
heanng and give notice by mail of the time, place and purpose thereof to the applicant
and any other party who has requested m wrtmg to be so notified. The forty five (45)
day penod 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 pnor to the date of
the public heanng before the City Council for a waiver and the issuance of a Gas Well
Pennrt within six hundred (600) feet of a Protected Use, 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 or boundary of a Multiple Well Site not owned by or
under lease to the Operator of the heanng date and time. The notice shall contain an
internet link for mfonnation on gas dnlhng, the number of wells requested by the
applicant, that dnlhng may commence within three hundred sixty five (365) days from
the date of 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,
m the United States mail. Notice shall be sent by 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 pnor to the date of
the public heanng before City Council for a Gas Well Permit within six hundred (600)
feet of a Protected Use under this Ordinance, Operator shall publish a notice at
Operator's expense, in one issue of the local section of a newspaper of general circulation
m the City for ten (10) consecutive days. An affidavit by the punter or publisher of the
newspaper indicating publication of the notice shall be filed with the appheahon and will
be puma facie evidence of such publication. All notices shall follow a format required by
the City
4 At least twenty (20) days pnor to the date of the public heanng before City
Council for a Gas Well Permit within six hundred (600) feet of a Protected Use under this
Ordinance the Operator shall, at Operator's expense, erect at least one sign, as approved
by the Gas Inspector no less than three (3) feet by three (3) feet, upon the premises upon
which a Gas Well Permit within six hundred (600) feet of a Protected Use 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 to 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 Gas Well Permit to dell for
gas within six hundred (600) feet of a Protected Use has been requested and state
the date, time and place of the public heanng, and shall further set forth that
18
additional information can be acquired by telephoning the Operator/applicant 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 Gas
Well Permit to drill within six hundred (600) feet of a Protected Use.
5 All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this Section.
6 After a Permit application and site plan is submitted to drill within six hundred
(600) feet of a Protected Use, 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,
mcludmg minimum separation distance for dnlhng or other operations, special 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 nonce of the heanng was given to all persons as required by
this Ordinance
7 At the public hearing and before the City Council considers the meats of the
application and the recommendations of the Gas Inspector the Operator/applicant shall
provide evidence of a certificate of publication establishing timely publication of the
notice of the hearing, and that the Operator/applicant has otherwise complied with or
satisfied all other requirements of this Ordinance, mcludmg full and complete compliance
with the insurance and security requirements.
8 The burden of proof on all matters, except notice, considered in the heanng 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 m deciding whether to grant a waiver and
authorize the issuance of a Gas Well Permit to drill within six hundred (600) feet of a
Protected Use
a. Whether the operations proposed are reasonable under the circumstances
and conditions prevailing m the area considering the particular location and the
character of the improvements located thereon,
b Whether the dnlhng 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 and
welfare of the public when and if conducted in accordance with the Gas Well
Permit conditions to be imposed,
19
e. Whether there is approved access for the City fire personnel and fire
fighting equipment;
f. Whether there is reasonable access to the Gas Well site that minimizes the
impact to residential properties if the use of non-designated commercial or truck
routes are required,
g. Whether the impact upon the adjacent property and the general public by
operations conducted m 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 dell sites, both presently and at other
times during the lease term, and
h. The recommendations of the Gas Inspector
10 The City Council may require an increase in the Operator/applicant's proposed
distance that the well is to be set back from any Residence, Religious Institution, public
Building, Hospital Building, School or Public Park or require any change m operation,
plan, design, layout or any change m the on-site and technical regulations m 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 m the interest of
securing compliance with this Ordinance, the City Code and/or to protect the health and
welfare of the community
D Permitting Procedure for a Waiver from Protected Use Property Owners.
1 No application for a Gas Well permit within six hundred (600) feet of a Protected
Use 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 or
boundary of Multiple Well Site 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 Gas Well permit wrthm six hundred (600) feet of a Protected Use.
If the Operator fails to obtain written waivers from all Property Owners within a six
hundred (600) foot radius around the proposed well, or boundary of Multiple Well Site
the Operator must submit a request for a waiver to drill a Gas Well wrthm six hundred
(600) feet of a Protected Use from City Council pursuant to the requirements of
Subsection C of this Section or modify the well location to comply with the six hundred
(600) foot setback from all Protected Uses. Waivers from new Protected Use Property
Owners shall not be required for an approved or existing Multiple Well Site 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
20
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
or boundary of Multiple Well Site not owned by or under lease to the Operator
The notice shall contain the information as outlined below an mternet link for
information on gas dulling, the number of wells requested by the applicant 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 dell
site.
3 At least ten (10) days pnor to the date of filing of an application for a Gas Well permit
within six hundred (600) feet of a Protected Use by Protected Use Waiver under this
Ordinance with the Gas Inspector Operator shall publish the notice at the expense of the
Operator in one issue of the local section of a newspaper of general circulation m 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 puma facie evidence of such publication. All notices shall follow a format required by
the Crty
4 At least ten (10) days pnor to but not more than thirty (30) days, the date of filing
of an application for a Gas Well Permit within six hundred (600) feet of a Protected Use
under this Section with the Gas Inspector the Operator at Operator's expense, shall erect
at least one sign, as approved by the Gas Inspector no less than three (3) feet by three (3)
feet, upon the premises upon which a Gas Well permit within six hundred (600) feet of a
Protected Use 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 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 Gas Well Permit within six
hundred (600) feet of a Protected Use 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 heanng 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 Crty Council.
5 All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this Section.
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E. PERMITTING PROCEDURE FOR GAS WELLS LOCATED GREATER THAN SIX HUNDRED
(600) FEET FROM A PROTECTED USE.
Notice for Gas Well Permit.
1 At least ten (10) days after the date of filing of an application for a 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 mternet link for
mformahon on gas dulling, the number of wells requested by the applicant, that drilling
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 a Gas Well
Permit under this Ordinance with the Gas Inspector Operator shall publish a notice at the
expense of the Operator in one issue of the local section of a newspaper of general
circulation m the City for ten (10) consecutive days. An affidavit by the punter or
publisher of the newspaper indicating publication of the notice shall be filed with the
application and will be puma facie evidence of such publication. All notices shall follow
a format required by the City
3 At least ten (10) days pnor to but not more than thirty (30) days, the date of filing
of an application for a Gas Well Permit under this Ordinance with the Gas Inspector the
Operator at Operator's expense, shall erect at least one sign, as approved by the Gas
Inspector no less than three (3) feet by three (3) feet, upon the premises upon which a
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 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 Gas Well Permit to dell 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 Gas
Well Permit.
22
4 All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this Section.
SEC. 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 cntena established by this
Ordinance. The Gas Inspector 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 m all respects with the
provisions of this Ordinance and determine if the proposed well to be drilled or the
facility to be installed is m compliance with the distance requirements for the requested
Gas Well Permit on the date the completed application is received by the Gas Inspector
B. 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 Permit is filed with the Gas Inspector
C. 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
D If the Gas Inspector denies a Gas Well Permit application for reasons other than lack of
required distance as set out m this Ordinance for the requested Gas Well Permit, he shall
notify the Operator in wasting 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 m this
Ordinance pursuant to Section 15-49 Appeals" of this Ordinance.
E. If the Gas Inspector determines that the Operator has complied with all of the provisions
of this Ordinance but that the proposed drill site does not comply with the distance
requirements of this Ordinance the Gas Inspector shall notify the Operator The Operator
may modify the well location or resubmit the application for a Gas Well Permit witthin
six hundred (600) feet of a Protected Use. Operator must comply with all the application
requirements for a Gas Well Permit within six hundred (600) feet of a Protected Use.
SEC. IS-3H. AMENDED GAS WELL PERMIT APPLICATION
An Operator may request to amend a Gas Well Permit Application without re-noticing, to
relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the
Application, provided that the distance to Protected Uses is not decreased.
23
SEC 15-39 SUSPENSION OR REVOCATION OF GAS WELL PERMIT
ISSUANCE OF A CITATION, EFFECT
A. If an Operator (or its officers, employees, agents, contractors, or representatives) fails to
comply with 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 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
imminent destruction of property or m~ury 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 may be immediately
issued for failure to comply with the provisions of Section 15-42.B `Noise" However if
the Operator is in compliance with the approved noise management plan, and a violation
still occurs, the Operator will be given twenty four (24) hours from notice of non-
compliance to correct the violation from an identified source before a citation is issued.
Additional extensions of the twenty-four (24) hour period may be granted in the event
that the source of the violation can not be identified after reasonable diligence by the
Operator
C No person shall carry on any operations performed under the terms of the Gas Well
Permit issued under this Ordinance during any penod of any Gas Well Permit suspension
or revocation or pending a review of the decision or order of the City m 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 m this
Ordinance, the Gas Inspector upon wntten 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 m
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 Section 15-49 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.
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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 be a resident of Texas that can be served m
person or by registered or certified mail) and
3 The Operator's Emergency 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
C. The Operator shall provide a copy of any `incident reports" or written complaints
submitted to the 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 m 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, dnlhng, completing, producing, plugged or abandoned.
DIVISION VI. INSURANCE, BOND AND INDEMNITY
SEC. 15-41 BOND, LETTERS OF CREDIT INDEMNITY INSURANCE.
A. General Requirements.
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 occurnng 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.
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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 point 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.
B. Bond, 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 m the form of a bond or an irrevocable letter
of credit in accordance with this Subsection B 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
a. During Drilling
An Operator dulling between one (1) and five (5) wells m the City at any
time shall provide a blanket bond or letter of credit that meets the
requirements of this Subsection B in the principal minimum amount of
One Hundred Fifty Thousand Dollars ($150 000 00) Such blanket bond
or letter of credit shall be increased by Fifty Thousand Dollars
($50 000 00) for the sixth (6~") and each additional well being drilled m
the City
b During Production.
An Operator with wells that are producing and for which all Drilling
Operations have ceased shall provide a blanket bond or letter of credit that
meets the requirements of this Subsection B in the principal minimum
amounts as follows
1 Up to 75 wells One Hundred Thousand Dollars ($100 000 00)
2. Between 76 and 150 wells One Hundred Fifty Thousand Dollars
($150 000 00) and
3 More than 150 wells Two Hundred Fifty Thousand Dollars
($250 000 00)
2 The City shall be authorized to draw upon such bond or letter of credit to (i)
recover any fines or penalties assessed under this ordinance or (ii) to pay the City
26
for the cost of doing any work required to remedy any default by the Operator
under any provision of this ordinance. If the City determines 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 penod of time deemed 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 m the notice. In no event, however shall the cure penod be less than thirty
(30) days unless the failure presents a risk of 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.
The City shall be authorized to draw against the bond or letter of credit provided
hereunder to recover such amount due from the Operator Upon receipt of such
monies, the City shall proceed by such mode as deemed convenient and necessary
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 the well and restore the dell site in
conformity with the regulations of this Ordinance. 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 Crty 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.
3 Requirements for Bonds
A bond shall be executed by a reliable bonding or insurance institution authorized
to do business m 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 penod of six (6) months after the expiration of the Gas Well
Pennrt teen 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 teens 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
4 Requirements for Letters 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 penod less than the life of the well as required by this
27
Ordinance, the Operator must agree to either renew the Letter of Credit or replace
the Letter of Credit with a bond m the amount required by this Ordinance, on or
before sixty (60) days prior to the expiration date of the Letter of Credit. If the
Operator fails to deliver to the City either the renewal Letter of Credit or
replacement bond in the appropriate amount on or before sixty (60) days pnor to
the expiration date of the Letter of Credit, the Crty 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.
5 When the well or wells covered by said irrevocable letters of credit or bond have
been properly abandoned m conformity with all regulations of this Ordinance, and
m conformity with all regulations of the Commission and notice to that effect has
been received by the Crty or upon receipt of a satisfactory substitute, the
irrevocable letter of credit or bond issued m 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 m 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 Requirements 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,
Planning and Development Department, 1000 Throckmorton Street, Fort
worth, Texas 76102, evidencing all the required coverage, including
endorsements, pnor to the issuance of a Gas Well Permit.
f. All policies shall be endorsed with a waiver of subrogation providing
rights of recovery m 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.
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
28
terms or coverage. A ten days notice shall be acceptable in the event of
non-payment of premium.
i. Dunng 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 nse to a liability claim or lawsuit or which could result m a
property loss.
~ Upon request, certified copies of all insurance policies shall be furnished
to the Crty
2. 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 and equipment hazard 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.
3. Excess or Umbrella Liability
Five Million Dollar ($5 000 000) Excess 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 inured or destroyed, cleanup
costs, and defense, including costs and expenses incurred in the
investigation, defense or settlement of claims, all m connection with any
loss ansing from the insured site. Coverage shall be maintained in an
amount of at least five million dollars ($5 000 000) per loss.
b Coverage shall apply to sudden and accidental, as well as gradual
pollution conditions resulting from the escape or release of smoke, vapors,
fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or
other imtants, contaminants or pollutants.
c. The Operator shall maintain continuous coverage and shall purchase
Extended Coverage Period insurance when necessary The Extended
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 Crty
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/combined single limit.
29
$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 Liabihty shall be a minimum of $500 000 per accident.
c. Such coverage shall include a waiver of subrogation m favor of the City
and provide coverage in accordance with applicable State and Federal
laws.
7 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 m 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•
1 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;
2. Set forth all endorsements and insurance coverage according to
requirements and instructions contained herein, and
3 Shall specifically set forth the notice of cancellation, termination, or
change m coverage provisions to the City All policies shall be endorsed to
read `THIS POLICY WILL NOT BE CANCELLED OR NON
RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS
REQUIRED"
c. 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 rt 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 m any way incidental to or
30
m 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 hmrtation, personal in~unes and death
in connection therewith which may be made or asserted by Operator its agents,
assigns, or any third parties on account of, ansmg out of, or m 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 IN THE
COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS
WELLS INCLUDING BUT NOT LIMITED TO CLAIMS AND DAMAGES
ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE
CITY OF FORT WORTH OCCURRING ON THE DRILL SITE OR 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
E. Notice. The individual designated to receive notice shall be a resident of Texas upon
whom all orders and notices provided m this Ordinance may be served m person or by
registered or certified mail. Every Operator shall within ten (10) days notify the Gas
Inspector in wasting of any change m such agent or mailing address unless operations m
the City are discontinued and Abandonment is complete.
F Acceptance and Indemnity Agreement. The Operator who has a net worth of not less
than fifty million dollars ($50 000 000), as shown m such Owner's or Operator's most
recent audited financial statements, may substitute an acceptance and indemnity
agreement m lieu of the bond or irrevocable letter of credit and insurance requirements
set forth m this Ordinance, provided that such acceptance and indemnity agreement shall
be m a form acceptable to, and approved by the City Attorney and the City's Director of
31
Risk Management. The Gas Inspector may request an annual review of the Operator's
most recent audited financial statements to assure compliance with this Section.
DIVISION VII. ON SITE AND TECHNICAL REGULATIONS
SEC. 15-42. TECHNICAL REGULATIONS.
A. On 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 dulled, worked-over or m which tubing is being changed. Protection shall
be provided to prevent blowout dunng gas operations as required by and m conformance
with the requirements of the Commission and the recommendations 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. Closed Loop Mud Systems. A Closed Loop Mud System shall be required for
all dulling and reworking operations for all Gas Wells. Gas Wells located on an open
space of not less than twenty-five acres with no operations to be conducted within one
thousand (1 000) feet of a Protected Use may use a lined earthen pit instead of a closed
loop mud system.
4 Compliance. Operator shall comply with all applicable federal, state and City
requirements at all times.
5. 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 bone from any gas operation or the
contents of any container used m connection with any gas operation m or upon any body
of water or any puvate property m the Crty or m or upon any public Right-of way alleys,
streets, lots, storm drain, ditch or sewer sanitary dram without permits from the
appropuate City departments.
6. Drilling Notice. The Operator shall provide forty-eight (48) hour notice to the
Gas Inspector before the start of Dulling Operations, fracture stimulation, work over or
servicing operations.
7 Drill Stem Testing. All open hole formation or drill stem testing shall be done
dunng daytime hours. Drill stem tests may be conducted only if the well effluent dunng
the test is produced through an adequate gas separator to storage tanks and the effluent
remaining in the dull pipe prior to the time the tool is closed is flushed to the surface by
circulating drilling fluid down the annulus and up the dull pipe.
32
8. Dust, Vibration, Odors All drilling and production operations shall be
conducted m such a manner as to minimize, so far as practicable, dust, vibration, or
noxious odors, and shall be m accordance with the best accepted practices incident to
dulling for the production of gas and other hydrocarbon substances m urban areas. All
equipment used shall be constructed and operated so that vibrations, dust, odor or other
harmful or annoying substances or effects are minimized by the operations carried on at
any drilling or production site or from anything incident thereto to avoid m~ury to or
annoyance of persons living m the vicinity The site or structures shall not be permitted to
become dilapidated, unsightly or unsafe. Proven technological improvements m industry
standards of drilling and production m this area shall be adopted as they become available
if capable of reducing factors of dust, vibration and odor
9 Electric Lines. All electric lines to production facilities shall be located in a
manner compatible to those already installed m the surrounding area or subdivision.
10. Electric Motors 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.
11 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 dulling, 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.
12. Equipment Painted. All production equipment on the site shall be painted and
maintained at all times, including pumping units, storage tanks, Buildings and structures.
No company logos or advertisement shall be allowed.
13 Explosives. Use of explosive charges within the Crty limits shall require a permit
issued by the Bomb & Arson Section of the City of Fort Worth Fire Department.
14 Fire Notice. In the event of a fire or discovery of a fire, smoke, or unauthouzed
release of flammable or hazardous materials on any property the Operator shall
immediately report such condition to the fire department m 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 Texas
Commission on Environmental Quality (TCEQ) shall be forwarded to the Fire Marshal
on an annual basis.
15. Fire Prevention, Sources of Ignition. Firefighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state, or local
law shall be provided by the Operator at the Operator's cost, and shall be maintained on
33
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 m 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.
16. Fracturing Operations.
a. All formation fracture stimulation operations shall be conducted during
daytime hours.
b 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 publrc of the date the operations will commence.
c. `Flowback" operations to recover fluids used dunng fracture stimulation
shall be exempt from work hour restrictions, subject to noise restrictions of
Section 15-42
d. A watchman shall be required at all times during such operations.
e. 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.
17 Fresh Water Fracture Ponds.
a. Permit Required. The construction of a Fresh Water Fracture Prt shall require a
permit from the City after approval from the following Crty Departments.
i. Fire Department in order to address the location of the Fresh Water
Fracture Prt;
ii. Water Department for sewer line and water line review
iii.Transportation and Public Works for master thoroughfare and
floodplam review
iv Planning and Development for forestry review and
v Any other applicable Crty Department as determined by the Crty
b No construction of the fracture pond shall commence until review and
approval from all City Departments are received and a permit is issued by the Gas
Inspector
c. No Fresh Water Fracture Prt may be placed in any Crty recognized
drainage way FEMA floodplain or floodway existing City Rights-of way or Crty
easements.
d. Construction and maintenance of the Fresh Water Fracture Pit must
comply with all city state and federal regulations.
e. All fracture ponds located on a tract of land not adjacent to a gas drilling
pad site shall be located m AG" Agricultural, `I" Light Industrial, J" Medium
Industrial and `K Heavy Industrial zoning districts unless otherwise authorized
by the Gas Inspector for the purpose of reducing total number of fracture ponds.
f. The permit or authorization issued by the City shall be maintained on the
location at all times dunng construction of the Fresh Water Fracture Prt.
g. All pits shall meet the following requirements.
34
i. Fresh Water Fracture Pits shall not be lined with a synthetic
impervious liner unless approved by the Gas Inspector Existing liners
shall be removed at the time any pit is reworked, enlarged, restored or
altered unless otherwise authorized by the Gas Inspector
11. The Fresh Water Fracture Pit shall be enclosed with open design
chain link black or dark green fencing on all four sides,
iu. Pits shall be maintained m a manner utilizing Best Management
Practices to ensure the integrity of pit walls and liners. For purposes of this
subsection, `Best Management Practices" shall mean structural,
nonstructural and managerial techniques that are recognized to be the most
effective and practical means to control water storage in open pits m an
urban or rural setting;
iv No oil and gas waste by products or salt water shall be allowed in
the Fresh Water Fracture Pit; and
v A sign at a conspicuous place or places on the property near any
right of way street, road, or public thoroughfare. The sign shall provide
the Operator's phone number for additional information.
h. The Operator shall enter into a specific surface use agreement with the
surface owner that provides for the maintenance and operation of the fracture
pond when the pond is no longer under the control or use of the Operator or that
the Operator will restore the property to its condition prior to the construction of
the fracture pond. The agreement shall be provided to the City
i. Periodic tests may be required by the City's Gas Well Inspector All costs
for testing shall be borne by the Operator or permittee of the Fresh Water Fracture
Pit. All samples collected for testing shall be witnessed by the Gas Inspector or
other designated City personnel.
18. 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 of any existing Fresh
Water well unless a waiver is obtained from the Property Owner The measurement shall
be in a direct line from the closest well bore to the Fresh Water well bore.
a. 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.
b An Operator may drill a Fresh Water well in compliance with state law
within two hundred (200) feet of the wellbore to use for drilling and completion
operations. A Fresh Water well that is used for drilling and production operations
is excluded from the two hundred (200) foot setback for future Gas Wells drilled
on the permitted pad site.
c. 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.
d. A copy of all plugging and Abandonment reports filed with the state
and/or transfer of ownership notice shall be provided to the Gas Inspector and the
Water Department.
35
e. 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.
19 Gas Lift Compressor Any on-site compressor used to lift gas shall be
designed to comply with the noise requirements of this Ordinance.
20. Gas Processing Onsite. Except for a conventional gas separator or line heater
no refinery processing, treating or absorption plant of any kind shall be constructed,
established or maintained on the premises without appropriate City permits and a
Certificate of Occupancy
21. Grass, Weeds, Trash. All drill 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.
22. Hazardous Plan. Hazardous Materials Management Plan (HMMP) and all
Material Safety Data Sheets (MSDS) for all hazardous materials that will be located,
stored, transported and/or temporarily used on the operations site shall be submitted to
the Gas Inspector for distribution to the Director of the Emergency Management Office.
23. Lights. No person shall permit any fights located on any site to be directed m
such a manner so that they shine directly on public roads, adjacent property or property in
the general vicinity of the site. To the extent practicable, and taking into account safety
considerations, site fighting shall be directed downward and internally so as to avoid
glare on public roads and adjacent dwellings and Buildings within three hundred (300)
feet.
24. Mobilization and Demobilization. Mobilization and demobilization shall be
prohibited before 9 am and after 6 pm on Sundays. Other than mobihzation and
demobilization and advancing the bore hole, no other activities shall be allowed on the
site on Sundays.
25. Muffling 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
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.
26. Pits. The following applies for pits used for drilling and completion operations
a. Lined earthen mud or circulating pits or a Closed Loop Mud System may
be used for Gas Wells permitted prior to January 2009
b All pits shall be approved by the applicable City department.
36
c. All pits and contents shall be de watered, back filled and compacted
following the schedule established by the statewide rules of the Railroad
Commission.
d. No drill cuttings, rotary mud or wastewater generated dunng Drilling
Operations may be buried on site unless permitted by the Commission and
approved by the City after submission of an acceptable pre-burial test.
e. No pit shall be placed m a floodplain without obtaining a floodplain
development permit from the Transportation and Public Works Department.
f. Every drill pit used for Dnllmg Operations shall be fenced on all open
sides dunng Drilling Operations and enclosed on all four sides with a chain link
fence in compliance with Section 15-43 after Dnlhng Operations have ceased.
g. No flowback water produced by fracture operations shall be placed in any
open pit without a copy of a valid state permit submitted to the Gas Inspector
27 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 site itself shall be at
least fifteen (1.5) feet wide, dram 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. All temporary driveway approaches must be approved by the City
prior to the commencement of any Dnllmg Operations. 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 maybe 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 gated permanent approach meeting the City design requirements shall be constructed at
the entrance of the access road onto a public street within sixty (60) days after Dnlhng
Operations have ceased or at the request of the Gas Inspector
28. Reduced Emission Completion. After fracturing or re fracturing, Operators shall
employ appropriate equipment and processes as soon as practicable to minimize natural
gas and associated vapor releases to the environment. All salable gas shall be directed to
the sales line as soon as practicable or shut in and conserved. All wells that have a sales
line shall be required to employ Reduced Emission Completion techniques and methods,
but Operators may request a variance from the Gas Inspector if they believe that Reduced
Emission Completion techniques or methods are not feasible or would endanger the
safety of personnel or the public.
Reduced Emission Completion techniques and methods shall not be required for well(s)
that do not have a sales line and.
a. were permitted prior to July 1 2009 or
b is the first permitted well on a pad site.
37
Flaring may be allowed m some instances as an alternative to venting as allowed by the
Gas Inspector If burning of gases by open flame is authorized by the Gas Inspector then
such 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 open flame shall be screened
in such a way as to minimize detrimental effects to adjacent Property Owners.
29 Salt Water Wells No commercial salt water disposal wells shall be located
wrthm the City
A city permit for anon-commercial saltwater disposal wells for lease use may be issued
for wells as identified on the Railroad Commission form W 14 if:
a. Well is located m an `I" Light Industrial, J" Medium Industrial, or `K"
Heavy Industrial Zoned Districts,
b All permit and notification requirements to obtain a state permit are
reviewed by the Gas inspector prior to obtaining the state permit;
c. A state permit is obtained from the Commission to dispose of non-
hazardous oil and gas waste by m~ection into a porous formation not productive of
oil and gas,
d. The saltwater disposal well waste is m~ected into the Ellenberger
Formation,
e. The saltwater disposal well is cased and cemented to the surface;
f. The disposal well permit must be approved by the City Council if the well
is located wrthm one thousand (1 000) feet of a Protected Use;
g. The disposal well is m compliance with all conditions- of the state permit;
and
h. The disposal well is m compliance with any restrictions placed on the city
permit.
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.
30. Signs.
a. A sign shall be immediately and prominently displayed at the gate on the
temporary and permanent site fencing erected pursuant to Section 15-43 of this
Ordinance. Such sign shall made from be durable material, maintained m 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
maybe contacted in case of emergency
b Permanent weatherproof signs reading `DANGER NO SMOKING OR
OPEN FLAME ALLOWED IN THIS AREA `PELIGRO NO FUMAR O
38
~__
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) niches m 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
a 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 m the tank. Text shall be a minimum of
six (6) inches m height, contrasting with the background color
31 Storage of Equipment. On-site storage is prohibited. 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
many driveway alley or upon any 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 any equipment on the site shall constitute a fire hazard.
32 Storage Tanks. All tanks and permanent structures shall conform to the
American Petroleum Institute (A.P.L) specifications unless other specifications are.
approved by the Fire Chief. The top of the tanks shall be no higher than ten (10) feet
above the terrain surrounding the tanks. All storage tanks shall be equipped with a
secondary containment system including lining with an impervious synthetic material.
The secondary containment system shall be a minimum of three (3) feet m height and
one and one-half (1 /2) times the contents of the largest tank m accordance with the Fire
Code, and buried at least one (1) foot deep Drip pots shall be provided at the pump out
connections to contain the liquids from the storage tanks.
a. Secondary containment shall be required for all equipment. Secondary
containment shall be capable of containing a release of 150% of the largest
storage container within the containment and have adequate freeboard to contain
an average annual ram event.
b 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.
c. Each storage tank shall be equipped with a level control device that will
automatically activate a valve to close the well m the event of excess liquid
accumulation in the tank.
d. No meters, storage tanks, separation facilities, or other aboveground
facilities, other than the well head and flow lines, shall be placed m a floodway
39
identified by FEMA on the most current FIRM or the 100-year floodplam without
a floodplam development permit obtained from the Department of Transportation
and Public Works.
e. All tanks shall be set back at least seventy five (75) feet from any public
street, road, highway or future street, or Right-of way or the nearest rail of an
operating railway
f. Tank batteries, separators and equipment shall be set back at least two
hundred (200) feet from the Protected Use, Public Building or Habitable Structure
or one hundred (100) feet from the property line, whichever is greater The
setback shall apply for any Protected Use, Public Building or Habitable Structure
for which a building permit has been issued on the date of the application for a
drilling permit. The distance shall be calculated from the closest tank batteries,
well facilities and/or equipment, m a straight line, without regard to intervening
structures or objects, to the closest exterior point of the building.
33. Tank Battery Facilities. Tank battery facilities shall be equipped with a
lightning arrestor system.
34. Surface Casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
35. 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 Each well shall be equipped with an automated valve that closes the well in
the event of any abnormal increase in operating pressure.
36. Vapor Recovery for Storage Tanks. Vapor recovery equipment shall be
required for tank batteries that have an estimated rolling annual aggregate emissions rate
of 25 tons or greater of total volatile organic hydrocarbons per year per well head. Vapor
recovery equipment must be operated and maintained m such a way to ensure a 95%
recovery efficiency between the internal and external atmospheres of the tank(s)
37 Vehicle Truck Routes. Vehicles associated with drilling and/or production m
excess of three tons shall be restricted to such streets designated as either truck routes or
commercial delivery routes designated 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 combmahon
thereof. All vehicle truck routes must be approved by the Gas Inspector before the Gas
Well permit is issued. The Gas Inspector shall have the authority to require an alternate
route to minimize the impact to surrounding uses.
38. Waste Disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following:
40
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.
b Except as provided m Subsection 3 above, 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 a
Closed Loop Mud System. All disposals must be in accordance 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 m 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
39 Watchman. The Operator must keep a watchman or security personnel on site
during the dnlhng or Re working of a well when other workmen are not on the premises.
40. Wellhead Status Wellbores, Mouse Holes, Rat Holes, Cellars and Conduit
Casings shall be
a. Covered at all times when not in use by %i steel plating, adequately covering
the entire bore hole annulus to prevent accidental entrapment of persons or
animals,
b Completed through the production casing flange with a metal plate or blind
flange bolted across the head, and
c. Surrounded with a six (6) feet tall chain link fence having a gate and lock.
The cellar shall be filled or closed. The Braden head shall be piped to the surface and
open to the atmosphere or have an observable and adequate pressure gauge with operable
test valve.
41 Work Hours. No construction actrvrties involving excavation of, alteration to or
repair work on any access road or pad site shall occur during nighttime hours or at any
time on Sunday Truck deliveries of equipment and materials associated with dnlhng
and/or production, well servicing, Site Preparation and other related work conducted on
the well site shall be limited to daytime hours except m 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. Other than mobilization and
demobilization and advancing the bore hole, no other activities shall be allowed on the
wells site on Sundays.
B. Noise -Gas Wells.
1 Prior to the issuance of a Gas Well permit and the commencement of operations,
the Operator shall submit a noise management ,plan, approved by the gas inspector
41
detailing how the equipment used m the drilling, completion, transportation, or
production of a well complies with the maximum permissible noise levels of this Section.
The noise management plan must:
a. Identify operation noise impacts,
b Provide documentation establishing the Ambient Noise Level poor to
construction of any wellhead, compressor or compression facility and
c. Detail how the impacts will be mitigated. In determining noise
mitigation, specific site characteristics shall be considered, including but
not limited to the following:
i. Nature and proximity of adjacent development, location, and
type;
u. Seasonal and prevailing weather patterns, including wind
directions,
iii. Vegetative cover on or adjacent to the site; and
rv Topography
The Operator shall be responsible for verifying compliance with this Section and
the noise management plan after the installation of the noise generation equipment
2 No well shall be drilled, re-drilled or any equipment operated at any location
within the City m such a manner so as to create any noise which causes the exterior noise
level when measured at the Protected Use receiver's/receptor's property line or from the
closest exterior point of the Protected Use structure or inside the Protected Use structure
if access to the property is granted by the receiver/receptor that:
a. Exceeds the Ambient Noise Level by more than five (5) decibels during
daytime hours and more than three (3) decibels during nighttime hours,
b Exceeds the Ambient Noise Level by more than 10 decibels over the daytime
average Ambient Noise Level during fracturing operations during daytime hours. No
fracturing shall be allowed during nighttime hours except for Flowback operations related
to fracturing as provided in c. below
c. Exceeds the Ambient Noise Level by more than three (3) decibels during
flowback operations during nighttime hours,
d. Creates pure tones where one-third octave band sound-pressure level in the
band with the tone exceeds the arithmetic average of the sound-pressure levels of two
contiguous one third octave bands by five (5) dB for center frequencies of 500 Hertz and
above, and by eight (8) dB for center frequencies between 160 and 400 Hertz, and by
fifteen (15) dB for center frequencies less than or equal to 125 Hertz; or
e. Creates low frequency outdoor noise levels that exceed the following dB levels
16 Hz octave band. 65 dB
32 Hz octave band. 65 dB
64 Hz octave band. 65 dB
3 The Operator shall be responsible for establishing and reporting to the City a
continuous seventy-two (72) hour pre-drilling Ambient Noise Level prior to the issuance
of a Gas Well permit. The seventy-two hour time span shall include at least one twenty
42
four (24) hour reading dunng either a Saturday or Sunday The Operator shall use the
prior established Ambient Noise Level for the installation of any new noise generation
equipment unless the Operator can demonstrate that the increase m the Ambient Noise
Level is not associated with dnlhng and production activities located either on or off-site.
4 Adjustments to the noise standards as set forth above in subsection 1 a, b and c of
this section may be permitted mtermrttently m accordance with the following:
Permitted Increase
(dBA)
10
15
20
Duration of Increase
(minutes)*
5
1
less than 1
*Cumulative minutes dunng any one hour
5 All Workover Operations shall be restricted to daytime hours.
6 The exterior noise level generated by the drilling, redrillmg 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 momtoung shall be
borne by the Operator If a complaint is received by either the Operator or the Gas
Inspector from any Protected Use the Operator shall, within twenty-four (24) hours of
notice of the complaint, continuously monitor for aseventy-two (72) hour period the
exterior noise level generated by the dulling, rednlling or other operations to ensure
compliance. At the request of the Gas Inspector the Operator shall monitor the exterior
noise level at the source of the complaint.
7 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 be subject to approval by the City's
Fire Department.
8 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.
9 A citation maybe immediately issued for failure to comply with the provisions of
this Section. However if the Operator is m compliance with the approved noise
management plan, and a violation still occurs, the Operator will be given twenty-four
(24) hours from notice of non-compliance to correct the violation from an identified
source before a citation is issued. Additional extensions of the twenty-four (24) hour
period may be granted m the event that the source of the violation can not be identified
after reasonable diligence by the Operator
43
C. Setbacks.
1 It shall be unlawful to drill any well, the center of which, at the surface of the
ground, is located.
a. Within twenty five (25) feet from any storage tank, or source of
ignition,
b Within seventy five (75) feet of any public street, road, highway
future street, Right-of way property line or the nearest rail of an
operating railway
c. Within six hundred (600) feet from any Protected Use;
d. Within three hundred (300) feet from any Public Building;
e. Within two hundred (200) feet from any Habitable Structure;
f. Within one hundred (100) feet of any Building accessory to, but
not necessary to the operation of the well,
g. Within two hundred (200) feet to any Fresh Water well not dulled
by the Operator as a specific source of water used for dulling or
completion operations without the express written permission of
the owner of the water well, or
h. Within three hundred (300) feet from an Outer Boundary Surface
Property Line or a distance minus the required zoning setback of
the adjacent property at the time of permitting the first Gas Well
unless one of the following conditions exist:
i. the oil, gas and mineral lease precedes the
formation of an outer boundary surface property
line; or
ii. the adjacent property is owned or under lease by the
operator
The distance shall be calculated from the well bore, m a straight line, without
regard to intervening structures or objects, to the closest exterior point of any object listed
m a. through f. and h. above, except that the measurement from a well bore to a School
not located within another Protected Use shall be from the property line of the School to
the well bore, m a straight line, without regard to intervening structures or objects.
The measurement for g. above 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.
2. Distance Reduction for Protected Uses
The distance set out in Subsection c. of this Section may be reduced to three
hundred (300) feet from any Protected Use, with a.
a. Waiver granted by the City Council, or
b Written notarized waivers granted by 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.
44
D Compressor Stations Natural Gas Facilities.
1. Compressor Noise Regulations.
For purposes of this Subsection, `Operator" shall refer to either the Pipeline Operator or
the Gas Well Operator as applicable.
a. Maximum permitted sound levels for all permanent Lift or Lme
Compressors shall be limited by the following zoning classifications.
Industrial 75 dBA day / 65 dBA night
Commercial 65 dBA day / 55 dBA night
Residential. 55 dBA day / 50 dBA night
If the measurement location is on a boundary between two (2) different land use
classifications, the lower noise level standard applicable to the noise zone shall
apply
b Operators shall be allowed to demonstrate that the current actual ambient
is greater than allowed which will become the new ambient for that location
(measured at the property line of the noise creator), except if located m residential
zoning, a special exception granted by the Board of Adjustment shall be required.
c. Noise measurement will be taken at the property line of the compressor
station to determine ambient. To determine compliance with the noise
requirements all measurements will be taken at the property line of the
receiver/receptor
d. Compressors shall meet the low and high frequency
requirements/standards as required for Gas Wells cited above.
2. Lift Compressors.
a. Lift Compressors shall be allowed in all zoning districts, but shall be
restricted to the gas dulling pad site.
b Except as outlined below Lift Compressors shall be required to meet all
the noise standards of subsection A, `On-Site Requirements.
i. Temporary Lift Compressor for each well shall be classified as
temporary for six (6) months for noise regulations purposes and shall be
allowed five (5) dBA over ambient during the day and three (3) dBA over
ambient at night.
ii. No compressor shall be considered temporary if installed within six (6)
months of removal of the initial compressor for that well.
ui. Permanent Lift Compressors shall be required to meet the zoning noise
requirements for their zoning location as outlined m Subsection 1 above.
rv Sound blankets shall be permitted for noise abatement on temporary
Lift Compressors.
45
v No sound blankets shall be permitted for permanent Lift Compressors.
All acoustical structures for permanent compressors must be constructed
of permanent matenal constructed of metal, masonry or other structurally
sound matenal as approved by the Director of Planning and Development
that significantly screens the equipment, is painted m anon-contrasting
soft earth tone color to match the nearby surroundings as nearly as
possible and meets all applicable building and fire codes.
c. All Lift Compressors shall be set back a minimum of three hundred (300)
feet from any Protected Use, Public Building or Habitable Structure property line
not necessary to the operation of the compressor Equipment and Buildings not
part of the operation of the compressor shall be set back a minimum of two
hundred (200) feet from the Protected Use, Public Building or Habitable Structure
or one hundred (100) feet from the property line, whichever is greater
d. All compressor and associated equipment and Buildings shall be enclosed
by a six foot security fence constructed per Section 15-43 `Fences and
Landscaping" of this Ordinance.
e. One three inch caliper tree shall be planted every forty (40) linear feet
along the property line abutting a public Right-of way No heavy equipment,
including but not hmrted to trucks, tractors, trailers, bulldozers, bobcat tractors,
trenchers, compressors and hoists shall be allow inside the critical root zone of
any protected tree on any compressor site without the specific approval of the
City Forester This requirement shall supersede other landscaping requirements,
except for the tree preservation and/or planting percentage requirements m
Section 15-43
f. All equipment or Buildings associated with the operation of the
compressor located m or wrthm six hundred (600) feet of residentially used
property or from the public Right-of way shall be screened from public view by
appropriate landscaping, bermmg, structure or wall constructed of metal, masonry
or other structurally sound matenal as approved by the Director of Planning and
Development or his/her designee that significantly screens the equipment and is
painted in a non-contrasting soft earth tone color to match the nearby
surroundings as nearly as possible.
g. Secondary Containment
Secondary containment shall be required around all compressor stations. All
secondary containment must meet the requirements of Subsection 32 of Section
15-42, `Technical Regulations.
h. Exhaust from any internal combustion engine or compressor stationary or
mounted on wheels, used m 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 non-combustible materials sufficient to suppress noise and
46
disruptive vibrations and prevent the escape of noxious gases, fumes or ignited
carbon or soot.
i. All facilities shall be inspected by the fire marshal for compliance with
relative fire codes and the gas inspector pnor to operation of the compressor
3 Line Compressors.
a. Line Compressors shall be permitted only m AG" Agricultural District,
`I" Light Industrial, J" Medium Industrial and `K Heavy Industrial zoning
distracts.
b All Line Compressors shall be set back a minimum of six hundred (600)
feet from any Protected Use and three hundred (300) feet from all Public
Buildings and Habitable Structures not necessary to the operation of the
compressor The setback from Protected Uses may be reduced to three hundred
(300) feet provided the Line Compressor is fully enclosed. Equipment and
Buildings not part of the operation of the compressor shall be set back a minimum
of two hundred (200) feet from the Protected Use, Public Building or Habitable
Structure or one hundred (100) feet from the property line, whichever is greater
c. Line Compressors located m AG" Agricultural, J" Medium Industrial
and `K Heavy Industrial zoning distracts shall be required to meet the following
standards
i. Line Compressor stations located m AG" Agricultural, J"
Medium Industrial and `K" Heavy Industrial zoning distracts shall meet
the applicable noise standards for that zoning classification as set out m
Subsection l.a. above. Landscaping, buffering or acoustical structures
shall be required as required by this Section and as required by the zoning
regulations for the applicable zoning district.
ii. No sound blankets shall be allowed.
iii. All acoustical structures must be constructed of permanent material
constructed of metal, masonry or other structurally sound material as
approved by the Director of Planning and Development that significantly
screens the equipment is anon-contrasting soft earth tone color to match
the nearby surroundings as nearly as possible and meets all applicable
building and fire codes.
iv All facilities shall be inspected by the fire marshal for compliance
with relative fire codes, and the gas inspector pnor to operation of the
compressor
v Exhaust from any internal combustion engine or compressor
stationary or mounted on wheels 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 noxious gases,
fumes or ignited carbon or soot.
47
d. Lme Compressors shall be permitted in all other zoning distracts only by a
special exception granted by the Zoning Board of Adjustment. In order for the
Zoning Board of Adjustment to grant a special exception, the Lme Compressor
must meet the minimum standards of `I" Light Industrial Distract and a site plat
must be submitted and approved by the Board. The Zoning Board of Adjustment
shall grant the application only when the Board determines that the location of the
compressor is clearly defined on the site plan by the applicant; and the exception
will be compatible with the existing uses and the development of adjacent
properties either as filed, or subject to such requirements as the Board finds
necessary to protect and maintain the stability of adjacent properties.
e. All compressor and associated equipment and Buildings shall be enclosed
by a six (6) foot security fence constructed per Section 15-43 `Fences and
Landscaping" of this Ordinance.
f. One three inch caliper tree shall be planted every forty (40) linear feet
along the property tine abutting a public Right-of way No heavy equipment,
including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors,
trenchers, compressors and hoists shall be allow inside the critical root zone of
any protected tree on any compressor site without the specific approval of the
City Forester This requirement shall supersede other landscaping requirements,
except for the tree preservation and/or planting percentage requirements m
Section 15-43
g. All equipment, that is located in or within six hundred (600) feet of
residentially used property or from the public Right-of way shall be screened
from public view by appropriate landscaping, berming, structure or wall
constructed of metal, masonry or other structurally sound material as approved by
the Director of Planning and Development that significantly screens the
equipment and is painted in anon-contrasting soft earth tone color to match the
nearby surroundings as nearly as possible.
h. Secondary containment shall be required around all compressor stations.
All secondary containment must meet the requirements of Subsection 32 of
Section 15-42, Technical Regulations.
i. In addition to the regulations set out above, Lme Compressors located m
`I" Light Industrial zoning district adjacent to residential zoning shall be required
to meet the following standards
i. The six foot security fence constructed per Section 15-43 `Fences
and Landscaping" shall be set back a minimum of ten (10) feet from the
residential property line and a minimum of twenty (20) feet from the
public right of way
ii. A ten (10) foot landscaped bufferyard along the entire length of the
boundary line between any compressor station site and the residential
zoning shall be required and maintained. The bufferyard shall consist of an
open space of grass and other landscaping that screens or blocks vision,
noise pollutants and other negative by products. The bufferyard shall be
48
required even when an alley is located between the compressor site and
the residential distnet.
iii. A minimum twenty (20) foot landscaped bufferyard shall be
required along all street frontages across the street from residential zoning
to screen the view of the property from the public nghts of way
iv A minimum of one three inch caliper large canopy tree, as defined
in Chapter 6 of the Zoning Ordinance, with a mature height of twenty five
(25) feet shall be required every forty (40) feet and screening shall be
provided using hedges, berms or mass planting to a height of not less than
twenty four (24) inches with live groundcover
v The bufferyard is intended to serve as a buffer between the
compressor station and the residential zoned property Structures and
equipment or any type of storage shall not be permitted in the bufferyard.
SEC. 15-43. FENCES AND LANDSCAPING
A. Fences. All pad sites and off-site fracture ponds shall be secured with a permanent fence
with a secured gate and Knox box as follows
1 The fence shall be at least six (6) feet m height;
2 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;
3 The site shall be completely enclosed by a permanent dark green or black steel
chain link or wrought iron fence on at least two sides of the pad site, one of which
will face the City's Right-of way if applicable. A solid masonry fence maybe
constructed on the remaining two sides of the pad site;
4 The chain link fence shall have a minimum thickness of eleven (11) gauge;
5 Posts and rails shall be standard black or dark green welded pipe;
6 Tension rods shall bethree-eighths-inch round steel bolt stock. Adjustable
tighteners shall be turnbuckle or equivalent having a six inch minimum take-up
Tension bars shall have a minimum thickness of one fourth bythree-fourths inch,
and
7 Fences shall not be required on dell sites dunng initial dnllmg, completion or re-
working operations as long as twenty four (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.
B. Gate specifications. All chain link fences shall be equipped with at least one (1) gate.
The gate shall meet the following specifications
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,
49
2. The gates shall be of black or dark green chain link construction that meets the
applicable specifications, or of other approved material that are at least as secure
as a chain hnk fence and shall be included m the chain hnk or wrought iron
portion of the 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;
4 Gates shall be designed so that they do not interfere or obstruct the public rights-
of way and
5 Operator must provide the 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
C. Landscaping.
1 All Gas Well, Compressor and Fracture Pond Permits will require tree
preservation and/or planting measures. A tree canopy requirement through preservation
and/or planting will apply as follows.
a. A 40% requirement m one and two-family residential zoned areas,
b A 30% tree canopy requirement m multi family institutional and commercial
zoned areas, and
c. A 20% tree canopy requirement m industrial zoned areas.
d. Payment to the tree fund of $200 00 per diameter inch will be required for 25%
of the removed trees greater than six (6) inches on pad sites located in
Agricultural (AG) zoned areas. The Operator may chose to plant a 20% tree
canopy in heu of payment into the tree fund.
The following requirements shall apply to all wells, including wells located along City
rights-of way Wells located m Agricultural (AG) zoned areas are exempted from the
requirements
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 may be planted at one site.
c. A minimum of 25% of the planted trees must be an evergreen species.
d. A minimum of 75% of the planted trees must be located between the Gas Well
site and Protected Uses or public Right-of way An administrative waiver of
the 75% placement can be approved by the City Forester with proof that the
proposed planting will screen the 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, 2000 square feet will be credited
for large canopy trees, 700 square feet will be credited for medium canopy
trees and 100 square feet will be credited for small canopy trees at normal
grow out.
f. The minimum size of tree planted will be three (3) inches m 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 '/z credit. The
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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 (2) 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 the designated City board or commission.
i. Landscaping shall be installed no later than one hundred eighty (180) days
after completion of the first well.
2. Except as allowed in Subsection 3 below fracture ponds established for the intent
of stonng and suppl}nng water for fracturing operations are required to comply with the
City's Tree Preservation Ordinance. The document shall identify the delineated scope of
work area of any surface disruption related to the `fracture pond" installation, operations
and shall exhibit any existing tree canopy coverage based on the applicable zoning
classification.
3 Upon approval of the Assistant Director of Planning and Development Gas Well
Division, payment may be made into the City's tree fund at an amount of $600 00 per
required tree in lieu of planting requirements for Gas Well sites and fracture ponds.
4 The following list of trees is considered desirable and adapted trees for the Fort
Worth area. Planting of trees from 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 fudged on adaptability long-term health and growing charactenstic of the
tree type.
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Common Name Scientific Name Canopy Size
Redbud Cercis Canadensis Small
Mexican Plum Prunus mexicana Small
Cherry Laurel Prunus caroliniana Medium
Eve s Necklace Sophora affinis Medium
Crab Apple Malus angustifolia Medium
Bradford Pear Pyrus calleryana var Bradford Medium
Golden Raintree Koelrueteria paniculata Medium
Cado Maple Acer saccharum Large
Red Maple Acer rubrum Large
Bigtooth Maple Acer grandidentatum Large
Bur Oak Quercus macrocarpa Large
Chinquapin Oak Quercus muhlenbergii Large
Live Oak Quercus virginiana Large
Shumard Red Oak Quercus shumardii Large
Texas Red Oak Quercus texana Large
Post oak Quercus stallata Large
Blackjack Oak Quercus marilandica Large
Pecan Carya Illinoensis Large
Lacebark Elm Ulmas parvifolia Large
Cedar Elm Ulmas crassifolia Large
American Elm Ulmas americans Large
Bald Cypress Taxodium distichum Large
Black Walnut Carya nigra Large
Green Ash Fraxinus pennsylvanica Large
Texas Ash Fraxinus Large
Southern Magnolia Magnolia grandiflora Large
SEC. 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 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 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 immediately 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. Free 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,
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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 Painting. 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
compatible with surrounding uses. Neutral colors shall include sand and unobtrusive
shades of black or dark green. No company logos or advertisement shall be allowed.
E. Blowouts. 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 m 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 m gaming
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 abandoning shall be
responsible for the restoration of the well site to its original condition as nearly as
practicable, m 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, compactible 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 m this
Ordinance.
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7 A five (5) foot no-build easement around the center of the plugged and abandoned
well bore shall be required and recorded m the applicable county deed records.
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 Commission, and
2. A 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.
All wells shall be abandoned in accordance with the rules of the 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 m diameter with a length of four (4) feet visible above the ground level.
D Surface Reclamation Plan Requirements. Each Operator must submit as part of the
Gas Well Permit application a surface reclamation plan that must include information
outlined in this Subsection, in the degree of detail necessary to demonstrate that full site
reclamation can be accomplished.
The reclamation plan must include•
1 Measures to be taken to restore property to allow use under the City
Comprehensive Plan,
2 The control of surface water drainage and of water accumulation and measures to
be taken during the reclamation process to provide for the protection of the
quantity and quality of surface and groundwater systems,
3 Cleaning up polluted surface and ground water
4 Backfillmg, soil stabilization, compacting, grading, and appropriate re vegetation,
5 Soil reconstructions, replacement, and stabilization,
6 Configuration of the reshaped topography
7 Waste disposal,
8 A plan for re vegetation of affected lands,
9 Road reclamation, and
10 Other practices necessary to ensure all disturbed areas will be reclaimed.
E. Abandonment requirements prior to new construction. All abandoned or deserted
wells or dell sites shall meet the most current Abandonment requirements of the
Commission and this ordinance poor to the issuance of any building permit for
development of the property No structure shall be built over an abandoned well.
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DIVISION VIII. PIPELINES
Sec. 15-46. OIL AND GAS PIPELINES TECHNICAL AND PERMITTING REGULATIONS.
A. General Regulations.
1 As determined m the sole, but reasonable, discretion of the Crty Pipelines may
not interfere with or damage existing utilities, including but not limited to water sewer
or gas fines, storm drams, electric lines or the facilities of any public utilities located m
public rights-of way utility easements or other City-owned property or m Private
Residential Areas.
2. The Pipeline Operator shall be required to comply with all regulations regarding
noise m Section 15-42.B of this Ordinance.
3 The Pipeline Operator shall be responsible to grade, level and restore the property
affected by Pipeline Construction to the same surface condition, as nearly practicable, as
existed before operations were first commenced within thirty (30) days after completion
of the Pipeline.
4 The Pipeline Operator shall construct, repair and/or maintain all Pipelines so as to
meet or exceed the applicable minimum criteria established by the statutory or regulatory
requirements of the state and federal governments for such Pipeline.
5 At least ten (10) days prior to the commencement of any Pipeline Construction,
the Pipeline Operator shall give written mailed notice to all residents, tenants and
Property Owners that are located adjacent to the proposed Pipeline. The mailing shall
include the Operator's publication on Pipeline safety
6 At the lime the required Pipeline records are submitted to the Railroad
Commission, the Pipeline Operator shall provide the Crty the following information,
including GPS information sufficient to locate the Pipelines m the future, including the
begmmng and end points of the Pipeline and sufficient points m between the Pipeline
route and the depth of cover information. This information shall be submitted to the City
m a format compatible with the City's own GIS system.
a. As-built or record drawings of the Pipelines. Accuracy of the record
drawings shall meet a survey level of one foot (1') to fifty thousand feet (50 000')
The scale of the record drawings shall be a minimum of one inch (1 ') to forty feet
(40') The drawings shall also be supplied in a DFF digital file format with the
location tied to at least one (1) nearby GPS (global posrtiomng system) City
monument. If the new Pipeline length exceeds one thousand feet (1 000') within
the City the Pipeline shall be tied to at least two (2) GPS City monuments,
b The origin point and the destination of the Pipeline;
c. The substance to be transported,
d. A copy of the substance material safety data sheet (MSDS)
e. Engineering plans, drawings and/or maps with summarized specifications
55
showing the horizontal location, covering depths, and location of shutoff valves of
the subject Pipeline. Drawings shall show the location of other Pipelines and
utilities that are crossed or paralleled within fifteen (15') feet of the Pipeline
Right-of way
f. Detailed cross-section drawings for all public rights-of ways and easement
crossings on City property as permitted by the City and
g. A list of the names and mailing addresses of all the Property Owners,
residents and tenants adjacent to the Pipeline Construction.
7 A Pipeline Operator that transports gas, oil, liquids or hydrocarbons through a
Pipeline located in the City shall be a member in good standing with the One Call system
or other approved excavation monitoring system as required by state law The Pipeline
Operator that transports gas, oil, liquids or hydrocarbons through a Pipeline shall contract
for service with the selected underground utility coordinating system for a minimum of
five (5) years unless there is an agreement to change to an alternate system between the
City and the Pipeline Operator Said Pipeline Operator shall maintain such services
without interruption for the life of the Pipeline Permit and as required under this Section.
8 At the time of permitting and each year thereafter that the Pipeline remains
active, each Pipeline Operator shall provide to the Gas Inspector the Fire Marshal and
the Chief of Police the names, mailing addresses and telephone numbers of at least two
(2) primary persons, officers or contacts available on a twenty-four (24) hour basis and
at least two (2) alternative persons, officers or contacts to be reached in the event that the
primary contacts are unavailable who
a Can initiate appropriate actions to respond to an emergency
b Have access to information on the location of the closest shutoff valve to
any specific point m the Crty and
c. Can furnish the common name of the material then being carried by the
Pipeline.
Any change m the above information must be provided to the Crty by contacting the Gas
Inspector prior to such change.
9 Each Pipeline Operator shall file a copy of all initial or follow up reports
provided to the U S Department of Transportation or the Railroad Commission of Texas
on unsafe Pipeline conditions, Pipeline emergencies or Pipeline incidents within the Crty
concurrently with the City In addition, such Pipeline Operator shall file any initial or
follow-up reports filed with state and federal environmental regulatory agencies
pertaining to Pipeline releases within the Crty concurrently with the Crty
10 Every Pipeline Operator shall be required to file with the Crty an annual verified
report in letter form on or before June 30 of each year to cover a reporting period of the
previous June 1 through May 31 Said written report shall contain a statement that the
Pipeline has no outstanding safety violations within the Crty of Fort Worth as determined
m an inspection or audit by either the Railroad Commission of Texas and/or the U S
Department of Transportation with regard to any Pipeline operating within the City
Alternatively if there are any safety violations as determined by the Railroad
Commission and/or the U S Department of Transportation that have not been corrected,
56
these shall be described to the City with an action plan to correct the safety violations.
Said action plan shall include a timeline for corrective action and the individual or firm
responsible for each action.
B. City Regulated Pipelines -Permit Required.
1 City Regulated Pipelines shall adhere to all standards outlined in Section A.
Federal and state statutory or regulatory requirements shall apply to Pipelines between
the well and the point of custody transfer Pnor to the transport of gas, oil, liquids or
hydrocarbons, the Operator shall provide to the City certification from a professional
engineer registered with the State of Texas that the design and installation of the
Pipelines meet all state and federal requirements.
2. Pnor to Pipeline Construction and the issuance of notice required m Section A.5
a Pipeline Operator shall obtain a Pipeline Permit from the City for all Crty Regulated
Pipelines. Exceptions to this permitting requirement are those Pipelines from the well to
the first point of custody transfer and for construction necessary to respond to a Pipeline
Emergency
3 At the same time the Operator submits a Gas Well drilling permit application, the
Operator shall require the Pipeline Operator to submit a proposed Pipeline route from the
well bore to the transmission line, for all City Regulated Pipelines.
4 The Pipeline Operator shall be required to submit an application for a Pipeline
Permit to the Crty prior to making any offer or initiating any negotiation or action to
acquire any easement or other property right to construct, install, mamtam, repair
replace, modify remove or operate a Pipeline in Pnvate Residential Areas.
5 The Pipeline Operator shall backfill all trenches and compact such trenches to
ninety five percent (95%) standard density proctor m eight inch (8') lifts and construct
the Pipeline so as to mamtam a minimum depth often feet (10') below the finished grade
except in public rights-of way where minimum cover to the top of the pipe shall be at the
discretion of the City based on existing or planned utilities. During the backfill of any
Pipeline excavations in open cut sections, the Pipeline Operator shall bury `Buried
Pipeline" warning tape one foot (1') above any such Pipeline to warn future excavators of
the presence of a burred Pipeline. The Gas Inspector may also require that a proposed or
existing Pipeline be relocated should rt conflict with the proposed alignment and depth of
a gravity dependent utility
6 The Pipeline Operator shall equip all City Regulated Pipelines with an automated
pressure monitoring system that detects leaks and shuts off any line or any section of line
that develops a leak. In lieu of such system, the Pipeline Operator may have twenty four
(24) hour pressure monitoring of the Pipeline system which provides monitoring of the
Pipeline within the Crty limits.
7 Review by the Gas Drilling Review Committee for all proposed Pipelines through
Pnvate Residential Areas shall be required prior to the issuance of a permit for the
57
commencement of Pipeline Construction.
8 A Pipeline Permit application shall be required as follows
a. Applications for a City Regulated Pipeline or other activities regulated by this
Subsection shall be submitted to the City m a form prescribed by the City
b Plans submitted with each application for a Pipeline Permit shall be m a format
approved by the City showing the dimensions and locations of the Pipeline and related
items or facilities, as well as all proposed lift stations, pumps or other service structures
related to such Pipeline and the location, type and size of all existing utilities, drainage,
Right-of way and roadway improvements. The plans must additionally show the
elevation and location of all known public utilities within fifteen (15) feet of the
centerline of the proposed Pipeline. Any application that fails to meet these requirements
will be returned unfiled to the applicant.
c. The following information shall be provided m the application.
i. The name, business addresses and telephone numbers of the Pipeline
Operator
it The names, titles and telephone numbers of the following:
a. The person signing the application on behalf of the Pipeline Operator
b The person designated as the principal contact for the submittal, and
c. The person designated as the twenty four (24) hour emergency contact;
m. The origin point and the destination of the proposed subject Pipeline;
iv A text description of the general location of the proposed subject Pipeline
v A description of the substance to be transported through the proposed
subject Pipeline;
vi A copy of the substance material safety data sheet (MSDS)
vii. Engineering plans, drawings and/or maps with summarized specifications
showing the horizontal location, covering depths and location of shutoff
valves of the proposed subject Pipeline. To the extent that information can
be obtained, drawings shall show the location of other Pipelines and utilities
that will be crossed or paralleled within fifteen (15) feet of the proposed
subject Pipeline Right-of way
viii. A description of the consideration given to matters of public safety and the
avoidance, as far as practicable, of existing Habitable Structures and Private
Residential Areas,
ix. Detailed cross section drawings for all public street Right-of way and
easement crossings,
x. The proposed method or methods to be used for the installation of the
Pipeline;
xi. Methods to be used to prevent both internal and external corrosion,
xu. A binder or certificates of all bonds and insurance; and
xiii. A proposed alignment strip map showing name and address of all affected
Property Owners.
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C. Gas Drilling Review Committee.
1 After the filing of an administratively complete application, the Gas Drilling
Review Committee shall review all apphcahons for Pipelines located m a Pnvate
Residential Area. For other Pipeline locations, an administrative conference may be
conducted to seek resolution of any substantive, non-resolvable technical issues. If
deemed necessary by the City a third-party Technical Advisor may be employed as set
out m Section 15-48 The costs associated with the Technical Advisor shall be borne by
the Pipeline Operator Any recommendation by the Gas Drilling Review Committee to
the Planning and Development Department Gas Well Division is final.
2 If the Gas Dnllmg Review Committee determines that the City should obtain an
independent study or analysis of an application to construct a new Pipeline, upon
approval by the City Council, the City shall engage duly qualified independent
consultant(s) or contractor(s) to conduct such special studies or analyses as required to
fully evaluate and act upon an application for a new Pipeline as set forth m Section 15-
48 The actual cost for said consultant or contractor including the cost of any inspections
deemed necessary by the Gas Drilling Review Committee or otherwise- required, shall be
paid by the Pipeline Operator
D Pipeline Information Reporting Requirements.
If the Pipeline Operator has no reporting responsibility to the Railroad
Commission or the U S Department of Transportation and is otherwise exempt from
the safety regulations of either of such agencies, the following documents pertaining
to the preceding reporting penod of June 1 through May 31 shall be furnished to the City
1 Copies of internal reports of responses to Pipeline Emergencies,
2 Current operations and maintenance logs, and
3 Current emergency response plan.
E Abandoned Pipelines.
1 All Pipelines shall be maintained in an active condition unless abandoned
according to applicable state and federal regulations. The Pipeline Operator shall notify
the City within thirty days of Abandonment of any Pipeline.
2. Reactivation of abandoned Pipelines shall require notification to the City pursuant
to the standards and requirements specified m Section 15-46 Reactivation shall require
pressure testing for mtegnty and compliance with Railroad Commission and/or United
States Department of Transportation regulations.
F Emergency Response Plans and Emergency Incident Reporting.
1 Each Pipeline Operator shall maintain wntten procedures to minimize the hazards
resulting from an emergency These procedures shall at a minimum provide for the
following:
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a. Prompt and effective response to emergencies, including but not limited to
the following:
i. Leaks or releases that can impact public health safety or welfare;
u. Fire or explosions at or m the vicinity of a Pipeline or Pipeline
easement; and
iii. Natural disaster
iv Effective means to notify and communicate required and pertinent
information to local fire, police and public officials during an
emergency
v The availability of personnel, equipment, tools and materials as
necessary at the scene of an emergency
vi. Measures to be taken to reduce public exposure to injury and
probability of accidental death or dismemberment;
vu. Emergency shut down and pressure reduction of a Pipeline,
vui. The safe restoration of service following an emergency or incident;
and
ix. A follow-up incident investigation to determine the cause of the
incident and require the implementation of corrective measures.
2 Upon discovery of a Pipeline emergency or incident, any affected Pipeline
Operator shall as soon as practical communicate to the City's 911 system the following
information.
a. A general description of the emergency or incident;
b The location of the emergency or incident;
c. The name and telephone number of the person reporting the
emergency or incident;
d. The name of the Pipeline Operator
e. Whether or not any hazardous material is involved and identification of
the hazardous material so involved, and
f. Any other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident.
G Pipeline Repairs and Maintenance.
1 All repairs and maintenance of Pipelines are to be performed m accordance with
U S Department of Transportation and Railroad Commission mechanical integrity
requirements.
2 If non-emergency repairs necessitate excavation of a Pipeline, the Pipeline
Operator shall send notification to occupants of business establishments and residential
dwellings located adjacent to the Pipeline to be excavated at least five (5) days prior to
commencing such repairs.
3 If above ground non-emergency repairs that are not routine maintenance are
required, the Pipeline Operator shall send notification to occupants of businesses and
residential dwellings located within five hundred (500) feet from the centerline of the
Pipeline section to be repaired at least five (5) days prior to commencing such repairs.
60
4 The notice required in Subsections (2) and (3) of this Section shall be sent by U S
regular mail, postage prepaid mailed at lease five (5) days prior to commencing any non-
emergency repair provided, however that the Pipeline Operator may use hand delivery
nonce as an alternative, at the Pipeline Operator's discretion.
5 Inspection of the interior of all Regulated Pipelines shall comply with United
States Department of Transportation and Railroad Commission rules.
H. Protection and Painting of Structures.
A Pipeline Operator shall keep protected and painted all Pipeline users and all
appurtenances related to Pipeline construction and operations which are composed of
materials which are generally protected or painted. Such Operator shall repaint all such
items at sufficiently frequent intervals to mamtam same m good condition. It shall be a
violation of this Ordinance for any Pipeline Operator to permit any Pipeline riser and/or
appurtenances related to Pipeline Construction and operations to be m a state of disrepair
or to have chipped, peeling or unpainted portions.
I. No Implied Grant of Use of Public Rights-of Way Utility Easements or other City-
owned Property
Nothing m this Subsection grants permission for the use of any street, public
rights-of way utility easements, or City-owned property In the event a Pipeline Operator
wishes to undertake any Pipeline Construction on, over under along, or across any
public rights-of way utility easements or other City-owned property the Pipeline
Operator shall apply for and execute a written agreement with the City governing the
terms and conditions for such use; obtain all required permits and comply with any other
applicable provisions of the City Code.
J Expiration of Pipeline Permit.
If construction of a Pipeline has not commenced within one (1) year of the date of
issuance of the Pipeline Permit, or if the Pipeline has not been completed and the surface
restored within two (2) years, the Pipeline Permit shall expire; provided, however that
the Director of Planning and Development Services may grant an extension of time not to
exceed an additional one (1) year if the Director of Planning and Development Services
determines that weather or other unexpected physical conditions justify such an
extension.
K. No Assumption of Responsibility by City
Nothing m this Subsection shall be construed as an assumption by the Crty of any
responsibility of a Pipeline Operator of a Pipeline not owned by the Crty
L. It is the ~omt and several responsibility of the owner and the Pipeline Operator of
any and all Pipeline to mamtam the markers m accordance with this Ordinance. The
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location of all new or replacement pipe and Pipelines shall be marked by the owner(s)
thereof or by the person installing or operating such Pipelines as follows
1 Marker signs shall be placed at all locations where pipe or Pipelines cross
property boundary lines and at each side of a public street or road Right-of
way which the pipe or Pipeline crosses,
2 The top of all marker signs shall be a minimum of four (4) feet above ground
level, and the support post must be sufficient to support the marker sign and
shall be painted yellow or such other color as may be approved by the
Director of Transportation and Public Works or his designee;
3 All marker signs shall be a minimum of twelve (12) inches square and shall be
marked as `Gas Pipe Line;"
4 All marker signs shall contain the name of the owner and operator of the
Pipeline and atwenty-four (24) hour local contact number
5 Pipelines shall be marked along there entire length with a burred metal wire
and metallic flag tape;
6 All signs shall also contain an 811 designation `Call Before You Dig"
statement; and
7 The Pipeline Operator shall annually replace signage that has been lost,
damaged or removed.
M. Annually all Pipeline Operators will provide affected landowners, public official and
emergency providers with appropriate Public Awareness information as outlined in API
1162.
SEC. 15-47 SALT WATER PIPELINES.
A. All references in this Subsection to `Pipe" or `Pipelines" shall mean `salt water
Pipelines.
B. No Pipeline for the transportation of saltwater shall be constructed, installed,
maintained, repaired, replaced, modified, removed or operated within the City without
first obtaining a Pipeline Permit from the City
C. Salt water pipe shall be installed beneath all City utilities, no seams shall be
allowed within City Right-of way and minimum cover to the top of the pipe shall be at
the discretion of the City based on existing or planned utilities. The Pipeline crossings
must pass through a casing of a design and constructed m accordance with the United
States Department of Transportation standards set forth in 49 CFR 192.323 (Casing) as
same exists on the date of the adoption of this ordinance.
D All infrastructure included under this Section shall be designed and sealed by a
Registered Professional Engineer in the State of Texas.
E. All new or replacement Pipe or Pipelines shall be installed in such a manner that
the Pipelines clear the lowest City utility by a minimum of five (5) feet. In areas where no
City Utilities are present, Pipelines shall be covered and must be not less than thirty six
(36) inches below the existing ground level as verified and approved by the inspector
62
Prior to mstallahon, the owner of the Pipeline shall submit to the Director of Planning
and Development and the Gas Inspector the Pipeline design criteria, including but not
limited to, operating pressures, Pipeline gradient and elevation to sea level, location, pipe
ASTM grade, pipe manufacturer pipe wall thickness, Pipeline capacity and volume.
Pnor to and subsequent to installation of each segment of new or replacement Pipeline,
the pipe and Pipeline must receive and pass an on-site inspection of the compliance with
design cntena and the process of installation. The design submittal must be signed and
sealed by a Professional Engineer registered m the State of Texas.
The depth requirements m this Subsection shall not apply to piping constructed or
installed within the secondary containment perimeter of the tank battery which piping
maybe placed at ground level.
F Pipe location information shall be provided to the Crty m an electronic format
acceptable to the Director of Planning and Development.
G It is the point and several responsibility of the owner and the operator of any and
all Pipeline to maintain the markers in accordance with this Ordinance. The location of
all new or replacement pipe and Pipelines shall be marked by the owner(s) thereof or by
the person installing or operating such Pipelines as follows.
1 Marker signs shall be placed at all locations where pipe or Pipelines cross property
boundary lines and at each side of a public street or road Right-of way which the pipe
or Pipeline crosses,
2. The top of all marker signs shall be a minimum of four (4) feet above ground level,
and the support post must be sufficient to support the marker sign and shall be
painted yellow or such other color as maybe approved by the Director of
Transportation and Public Works or his designee;
3 All marker signs shall be a minimum of twelve (12) inches square and shall be
marked as `S W Pipe Line"
4 All marker signs shall contain the name of the owner and operator of the Pipeline and
a 24-hour local contact number
5 Pipelines shall be marked along their entire length with a burred metal wire and
metallic flag tape; and
6 The Pipeline Operator shall annually replace signage that has been lost, damaged or
removed.
H. General Pipeline Design Requirements.
All infrastructure included under this memorandum shall be designed and sealed by a
Registered Professional Engineer m the State of Texas and all Pipelines shall
1 Have a maximum inside diameter of twelve inches,
2 Consist of material approved by the Crty and
3 Be monitored by a SCADA system that allows shutdown via automatic valves spaced
at each well head, mayor Pipeline functions, at the influent and effluent of the
recycling unit(s), and prior to ultimate disposal.
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DIVISION IX. TECHNICAL ADVISOR
SEC. 15-48. TECHNICAL ADVISOR.
The City may from time to time employ a Technical Advisor or advisors who are
experienced and educated m the gas industry or the law as rt 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 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 the estimated costs and expenses. The employment of a
Technical Advisor shall be approved by the Crty Council.
DIVISION X. APPEALS
SEC. 15-49 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 Permit 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 m 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:
An appeal shall be in writing and shall be filed m triplicate with the City
Secretary The grounds for appeal must be set forth specifically and the error
described, by the appellant.
2. Within forty five (45) days of receipt of the records, the City Secretary shall
transmit all papers involved m 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.
64
DIVISION XI. PENALTY
SEC. 15-50. PENALTY
A. It shall be unlawful and an offense for any person to do the following:
1 Engage m 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 m 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 $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 Crty of Fort Worth and
shall not repeal any of the provisions of such ordinances, except in those instances where
provisions of such ordinances are m direct conflict with the provisions of this ordinance.
SECTION 3.
That all nghts 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 cnmmal, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
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 ~unsdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
65
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the Crty 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 m 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
That Ordinance Numbers 18399-12 2008 and 18412 12 2008 are hereby repealed.
SECTION 8.
This ordinance shall take effect after adoption and publication as required bylaw
APPROVED AS TO FORM AND LEGALITY
~ ~~~
Assist nt City Attorney
Adopted. February 3, 2009
Effective• ~ aiOO~
66
City of Fort Worth, Texas
Mayor and Council Communication
T _ ~ _
COUNCIL ACTION Approved: on 2/312009 Ord. No. 18449-02-2009
_ ~ ~_. _
DATE Tuesday February 03 2009
LOG NAME 06GASORDCOMBINE
REFERENCE NO *G-16439
SUBJECT
Repeal of Ordinance Nos 18399-12 2008 and 18412 12 2008 Amending Article II Chapter 15 'Gas
Drilling and Production" of the City Code and Adoption of Ordinance Combining the Provisions of Both
Ordinances into One
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance combining the provisions of
Ordinance Nos 18399-12 2008 and 18412 12 2008 amending Article II Chapter 15 'Gas Drilling and
Production of the City Code and repeal the previously adopted Ordinances
DISCUSSION
On December 9 2008 the City Council adopted Ordinance No 18399-12 2008 amending Article II
Chapter 15 'Gas Drilling and Production" to revise the regulations related to protected use definitions
notice provisions permitting noise mitigation setbacks landscaping fencing and technical requirements
and add regulations regarding compressors site management, reduced emissions and pipelines. The City
Council continued two issues involving multiple well sites and the definition of a public building until the
December 16 2008 Council meeting.
On December 16 2008 the City Council adopted Ordinance No 18412 12 2008 (1) amending Section
15-31 of the Gas Drilling Ordinance to revise the definition of a 'public building" and associated setback,
(2) revising Section 15-34 to change all references to a 'pad site permit" to a 'multiple well site permit"
and (3) removing the requirement that a Railroad Commission permit be submitted with a drilling
application as required in Section 15-35
In order to improve the staff industry and public's understanding and facilitate application of the gas
drilling regulations, it is recommended that the City Council adopt the attached Ordinance combining the
regulations of both Ordinance Nos. 18399-12 2008 and 18412 12 2008 into one Ordinance Combining
the two will not revise the language as adopted previously by the City Council other than to add a 75-foot
gas well setback from an existing railway consistent with the City's Fire Code regulations and to clarify
when permits are required for existing or annexed gas wells Grammatical and typographical errors were
corrected
The Gas Drilling Ordinance affects ALL COUNCIL DISTRICTS
FISCAL_INFORMATION / CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
Logname 06GASORDCOMBINE Page 1 of 2
_ _
v
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office by.
Originatin Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Sarah Fullenwider (7619)
Judy Lacker (8006)
Logname 06GASORDCOMBINE Page 2 of 2