HomeMy WebLinkAboutOrdinance 18399-12-2008
ORDINANCE NUMBER 18399-12-2008
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 AND NAMING AN EFFECTIVE DATE
WHEREAS, on December 11 2001 the City Council adopted Ordinance Number 14880
regulating gas dnllmg within the city limits of Fort Worth, and
WHEREAS, since 2001 over one thousand permits have been issued for dnllmg and
production of gas within the city limits, and
WHEREAS, between 2001 and 2006 gas drilling and production moved from sparsely
populated areas in the northern part of the City to more densely urbanized areas in the southern,
western and eastern portions of the City and
WHEREAS, in 2006 the City Council appointed a task force composed of gas industry
developers and neighborhood representatives to study revisions to the gas dnllmg ordinance that
would improve the quality of life for those citizens working and living near the drilling 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 securty signage, and other revisions to provide
additional protections of surface property rghts but continue to allow access to the minerals, and
WHEREAS, in June of 2006, the City Council amended the gas dnllmg ordinance for
the drilling, production and redrlhng 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 of surface property and
mineral rights owners, and
WHEREAS, in 2008 the City Council appointed a third task force of gas industry
developer and neighborhood representatives to study revisions to the gas drlling 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 m 1994 to prescribe minimum
safety standards for pipelines transportation and pipelines facilities and as such, m the area of
natural gas, cities are expressing preempted from establishing safety standards for pipelines
facilities or pipeline transportation, and
WHEREAS, through the Pipeline Safety Act, the Texas Utilities Code gives the Texas
Railroad Commission exclusive ~urisdichon 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, in accordance with Section 121.202 of the Texas Utilities Code,
municipalities can adopt standards regarding pipelines and pipelines facihhes 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 mumcipahty• and
WHEREAS, the City Council deems it advisable to adopt standards governing the
installation and maintenance of pipelines and pipeline facilities m 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, 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 to Chapter 15 `Gas" of the Code of Ordinances of Fort Worth, Texas is hereby
amended to reads as follows
DIVISION I. PURPOSE
SEC. 15-30. PURPOSE.
The exploration, development, and production of gas m the Crty 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
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regulations for present and future operations related to the exploring, dulling, developing,
producing, transporting and storing of gas and other substances produced m association with gas
within the Crty 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 dulling 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 Texas Railroad Commission and
includes the plugging of the well and the restoration of any well site as required by this
Ordinance.
B. Ambient noise level means the all encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location, constituting
the normal or existing level of environmental noise at a given location.
C. Blowout 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 can be closed around the dull 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 in the immunity region. The required
cathodic protection current is supplied by sacuficial anode mateuals or by an impressed
current system.
F Cessation of drilling activities means the time when the Blow Out Protectors (BOP s) are
removed or otherwise rendered inoperable and/or there are no further activities to trip
dull 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 Crty of Fort Worth.
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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 in Private Residential Areas with the boundaries of
the city
K. Closed Loop Mud System means a system utilized while drilling so that reserve pits are
not used and instead steel bins are used to collect all drilling waste.
L. Commission means the Texas Railroad Commission 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 drilling contractors on the IADC API
Daily Drilling Report Form mamtamed 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 dnllmg, re-dnllmg 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 umt for measuring the intensity 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 dernck, together with all parts of and appurtenances to
such structure, every piece of apparatus, machinery or equipment used or erected or
mamtamed for use in connection with drilling.
U Drilling operations means drilling with drill pipe and bit, running casing, circulating mud
and fluids, tripping tools and setting production casmgJtubmg.
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 City 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
hue.
AA. Fracture or Fracturing means the process of fracture stimulation 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
CC. Fresh Water means water obtained from any source (natural or reuse) that contains 3000
ppm chlorides of less or as defined by the Texas Railroad Commission.
DD Gas means any fluid, either combustible or noncombustible, which rs 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 City
Departments assembled for the purpose of reviewing wells drilled within 600 feet of a
Protected Use without waivers, all pipeline permit apphcations for pipelines through a
Private Residential Area, and permit apphcations involving noncommercial truck routes.
A Parks Advisory Board member will be included on the Gas Dulling Review
Committee when any of the afore mentioned reviews affects dedicated public parkland.
FF Gas well means any well drilled, to be drilled, or used for the intended or actual
production of natural gas.
GG Habitable Structures 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 all buildings 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
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JJ Lift Compressor means a device that raises the pressure of a compressible fluid (gas} m
order to lift gas from the well.
KK. Line Compressor means a device that raises the pressure of a compressible fluid (gas) in
order for the gas to be transported through a pipeline.
LL. Mobilization means those activities when the dnllmg 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 dnllmg. This includes all activities and services
prior to the dell bit being lowered below the rotary table and entering the conductor pipe
in an attempt to make hole ("spud in') for the first time at the pad site.
MM. Multiple Well Site Permit means that permit required when there is an application for the
placement of more than one well on a pad site.
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, including, without limitation, a
unit Operator If the Operator as herein defined, is not the lessee under a gas lease of
any premises affected by the provisions of this Ordinance, then such lessee shall also be
deemed to be an Operator In the event that there is no gas lease relating to any premises
affected by this Ordinance, the owner of the fee mineral estate in the premises shall be
deemed an Operator
PP Duter 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 in transportation, including but limited to
pipe, valves and other appurtenance attached to pipe, whether or not laid in public or
private easement or public or private right-of way wrthin the Crty including but not
limited to gathering lines, production fines 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 applied 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 territorial hmrts of the City 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, public building, hospital building,
school or public park.
ZZ. Public building means all buildings used or designed to and intended to be used for the
purpose of assembly of persons for such purposes as deliberation, entertainment,
amusement, or health care. Public buildings include, but shall not be limited to theaters,
assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls,
museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants,
shopping malls, stores, and hospitals.
AAA. Public park means any land area dedicated to by 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 (i50) 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 m 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 homes 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 and half way houses.
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.
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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
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 Crty 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 con~unct~on 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 may be 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 injection well for secondary recovery disposal or production of gas, or other
hydrocarbons from the earth.
PPP Workover operation means work performed m 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 dulling 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 City to determine that the wells are operating m accordance within proper parameters
as set out m 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. OPERATORS 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 m this Ordinance may be served m 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 in gas production activities shall apply for and
obtain a Gas Well Permit under this Ordinance and shall indicate what type of Gas Well
Permit is requested. It shall be unlawful for any person acting either for himself or acting
as agent, employee, independent contractor or servant for any person to drill any well,
assist 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, dulling, operation,
construction of rigs or tank batteries, fracturing and pressurizing. A permit shall not be
required for seismic surveys except a permit shall be required for seismic surveys
conducted on City owned property or City rights-of ways unless such requirement is
waived by the City
B. Operator must apply for and obtain a Gas Well Permit for the drilling, re-drilling,
deepening, re-entering, activating or converting of each well.
C. Gas Well Permit shall not constitute authority for the re-entering and drilling of an
abandoned well. An Operator shall obtain a new Gas Well Permit in accordance with the
provisions of this Ordinance if the Operator is re-entering and drilling an abandoned well
D When a Gas Well Permit has been issued to the Operator for the dnlhng, re-drilling,
deepening, re-entering, activating or converting of a well, such Gas Well Permit shall
constitute sufficient authority for drilling, operation, production gathering or production
maintenance, repair re-working, testing, plugging and abandonment of the well and/or
any other activity associated with mineral exploration at the site of such well, provided,
however that a new or supplemental permit shall be obtained before such well may be
reworked for purposes of re-drilling, deepening or converting such well to a depth or use
other than that set forth in the then current permit for such well.
E. Any person who intends to re-work a permitted well using a drilling rig, to fracture
stimulate a permitted well after initial completion or to conduct seismic surveys or other
exploration activities shall give written notice to the Gas Inspector and post a sign as
described below no less than ten (10) days before the acrivities 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 achvihes. 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 dulling of the well bore has not
commenced within three hundred sixty days (365) days 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 days (365) days upon request by the Operator if•
1 Operator provides proof that there are no additional Protected Uses within 600
feet from the time of the filing of the ougmal permit applications, and
2. The request is submitted poor 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 in addition to and are not in lieu of
any permit which may be required by any other provision of this Code or by any other
governmental agency
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H. No additional Gas Well Permit or filing fees shall be required for•
a. any wells, existing, previously permitted or approved by the City wrthm the
corporate limits of the City on the effective date of this Ordinance; or
b any wells which drilling has commenced on the effective date of this Ordinance;
or
c. any wells in existence or on any wells on which drilling has commenced on land
annexed into the Crty after the effective date of this Ordinance; or
d. 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 the enactment of this Ordinance or
annexation into the City to designate a gas operation as a preexisting operation by fihng 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
I. No Gas Well Permit shall be issued for any well to be drilled within any public park
without the prior consent of the Crty Council. The Crty 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 dulled wrthm any floodplam or
floodway identified by FEMA on the most current FIRM without obtaining a floodplain
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 Crty to prevent any off site migration of silt and sediment.
No Gas Well Permit shall be issued for any well to be dulled on City owned property
without the prior consent of the Crty Council. The City Council shall review the
insurance and security requirements on an individual basis prior to issuing the permit.
L Gas Well Pad Site Permit. At the time the Operator submits an application for the
issuance of a gas well permit, the Operator at his option, may also request the issuance of
a gas well pad site permit. Gas pad site permits applications and gas wells drilled on a
permitted pad site shall comply with the following:
a. If the pad site is located within six hundred (600) feet of a Protected Use at the
time of the fihng of a pad site permit application, the applicant must comply with all
regulations of a high impact gas well permit, including a variance granted by the Crty
Council or waivers obtained from all Protected Uses wrthm a six hundred (600) foot
radius before the Pad Site Permit maybe issued.
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b Notice that a gas well pad site permit application has been filed with the Crty
must be included m any notice to property owners and m the published newspaper
notice as required by the initial gas well permit.
c. All pad site permits must be filed of record by the Operator at his expense in the
applicable county deed records and indicated on all applicable plats filed in the deed
records. Each filed pad site permit shall contain the address, lot and block, subdivision
name and plat volume and page of each lot, tract or parcel located within 1000 feet of
the pad site permit.
d. Pnor to the issuance of a Pad Srte permit by the Crty 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 nearest any nght-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 nght-of way
street, roadway or public thoroughfare. The sign shall indicate that a Pad Srte Permit
to dell multiple wells for gas on this site has been issued, and shall further set forth
that additional information can be acquired by telephoning the apphcant/Operator at
the number indicated on the sign. The sign shall remain posted at the pad site for the
duration of the Pad Site Permit
e. Pnor to the commencement of dnlhng of a future gas well on a permitted Gas
Well pad site, the Operator must submit an application for the issuance of a Gas Well
permit, for each such future well, m accordance with this ordinance.
f. All future gas wells drilled on a permitted gas well pad site permit shall comply
with all the then current applicable well classification regulations, including the notice
and landscape provisions, and all other provisions of this ordinance, except for the
distance setback requirements related to drilling a well from a Protected Use. All
additional wells that are within 600 feet of a Protected Use, must comply with all
regulations regarding a High Impact Gas Well, except that no variance or waiver for a
distance setback shall be required, however no well shall be dulled closer than 200
feet from any Protected Use. If the proposed well bore is between 600 and 1 000 feet,
all regulations regarding an Urban Gas Well shall apply and if the well is greater than
1 000 feet from any Protected Use all regulations regarding a Rural Gas Well shall
apply except for the distance setback requirements.
g. No gas well pad site permit shall be issued for a gas well pad site greater than five
(5) acres m surface area or the amount of surface area acreage included m the surface
use agreement, whichever is larger
h. All wells will be set back a minimum of seventy five (75) feet from the outer pad
site permit boundary
i The Pad Site Permit shall automatically terminate if drilling of the initial well
bore has not commenced within one hundred eighty (180) days from the date of the
issuance of the Gas Well Permit unless the initial Gas Well Permit is extended by the
Gas Inspector for an additional one hundred eighty (180) days upon request by the
Operator
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~ The issuance of a gas well pad site permit is for the sole purpose of allowing
future wells to be dulled on an existing pad site and within 600 feet of Protected Uses
without obtaining waivers and/or vauances as set forth m Section 15 42 of this
Ordinance. All gas wells dulled upon a permitted gas well pad site must otherwise
comply with any dulling 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
M. 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
Ordinance. The terms of this Ordinance shall be deemed to be incorporated m 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.
N Gas Drilling Review Committee (GDRC).
1 All apphcahons where a City Council waiver is required, all applications that involve non
commercial truck routes and all applications for pipelines or pipeline facilities located m a
Private Residential Area shall be reviewed by the Gas Dulling Review Committee (GDRC) prior
to the application being presented to the City Council or admmistrativelyissued bythe Crty staff,
where applicable.
2 The GDRC shall be composed of City staff representatives from the Transportation and
Public Works. Gas Inspectors, Water Planning & 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 wrthm 600 feet of
a public park, drilling on a pubhc park or a pipeline through a pubhc park. The committee shall
be chaired by the Assistant Director of Planning & Development Gas Dulling Management
Division.
3 Notice of GDRC meeting shall be mailed 10 days after receipt of the application to
a. All neighborhood associations wrthm %2 mile of dell site;
b All property owners within 1 000 feet of the proposed well, and
c. All property owners fronting or along the non-commercial truck route.
d. All property owners along the proposed Pnvate 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 in 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
application.
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b Staff shall present the staff report including applicable ordinance
regulations.
c. Following the presentations, a total of 15 minutes shall be allotted for citizen
comments from the notified persons listed m number 3 above.
5 If the apphcahon 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.
6 No continuance shall be allowed unless requested by the applicant/operator 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 3 above will be resent with revised information.
7 The GDRC shall submit a written report with the Mayor and Council Communication
permit request on all applications 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 Drilling Management 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 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
writing signed by the Operator or some person duly authorized to sign on his behalf, and
filed with the Gas Inspector
B. Every application shall be accompanied by a permit fee as set forth 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
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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
feet (600) feet of the well
10) Owner and address of each parcel of property within six hundred (600) feet of the
proposed drill site.
11) A 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. Survey site plan shall show the location of specific wells,
pipelines, tanks and reservoir(s) m relationship with 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 m Section 15-
43 of this Ordinance, adjacent building and other structures and the measured
distance from the well site to these buildings and structures, temporary and
permanent fencing and landscaping.
12) The name, address and a phone number that is answered on a 24 hours 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 Crty-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 drilling.
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
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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 application 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
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 dell site.
No permit shall be issued until a copy of .the approved Railroad Commission
permit to dell together with all submitted attachments and survey plats which are
applicable to the dell and operation sites are submitted to the Gas Inspector
SEC. 15-36. GAS WELL PERMITTING PROCEDURE.
A. WELLS LOCATED WITHIN 600 FEET OF A PROTECTED USE.
A Gas Well Permit shall not be issued for any well to be dolled within six hundred (600)
feet of a residence, religious institution, public building, hospital building, school or
public park without:
1 Waiver granted by the City Council, or
2 Written notarized waiver granted by the all the Protected Use property owners
within a six hundred (600) foot radius around the proposed well pursuant to
this Section. All waivers must identify the property address, block and lot
number subdivision name (if applicable) and plat volume and page and be
filed, at the expense of the operator in the applicable county records prior to
the application of a Gas well Permit.
This setback distance may be reduced, but never less than two hundred (200) feet, from
any residence, religious institution, public building, hospital building, school or public
park.
This provision applies to any existing residence, religious institution, public building,
hospital building, school or public park or where a building permit has been issued for a
Protected Use on the date the application for a permit is filed with the Gas Inspector
The measurement of the six hundred (600) foot distance shall be made from the well
bore, m a straight line, without regard to intervening structures or objects, to the closest
exterior point of the building or boundary line of a public park.
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B. Application Requirements.
In addition to the requirements of Section 15-43 an application for a Gas Well Permit to
dell a well within 600 feet of a Protected Use shall include a letter to the Assistant
Director of Planning and Development -Gas Well Division requesting a public heanng
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.
C. Permitting Procedure for Request of a Waiver by the City Council.
1) Wrthm 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 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 in wasting to be so notified. The forty-five (45) day period
shall not begin to run until the applicant/Operator has provided the Gas Inspector with a
complete application package.
2) At least twenty (20) days, and no more than thirty (30) days prior to the date of
the public heanng before the City Council for a waiver and the issuance of €ljpast a
Gas Well Permit within 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 and the hearing date and time. The notice, shall contain the information as
outlined below an Internet link for information on gas drilling, the number of wells
requested by the applicant, that drilling may commence within 180 days for the issuance
of the permit, and contact telephone numbers for City staff and the Operator/Applicant.
Such notice shall be deposited properly addressed and postage paid, in the United States
mail Notice shall be sent by the Crty to all registered neighborhood associations within
one-half mile of the proposed drill site.
3) At least fifteen (15) days, and no more than twenty (20) days prior to the date of
the public heanng before Crty Council for a Gas Well Permit within 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 in the
Crty for ten (10) consecutive days. An affidavit by the punter or publisher of the
newspaper indicating publication of the notice shall be filed wrth the application and will
be puma facie evidence of such publication. All notices shall follow a format required by
the Crty
4) At least twenty (20) days prior to the date of the public heanng before Crty
Council for a Gas Well Permit within 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 feet by three feet, upon the premises upon which a
~ Gas Well Permit within 600 feet of a Protected Use has been requested. Where
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possible, the sign or signs shall be located in a conspicuous place or places upon the
property at a point or points nearest any right-of way street, roadway or public
thoroughfare adjacent to such property The Gas Inspector may require additional signage
if the premise fronts on more than one right-of way street, roadway or public
thoroughfare.
a. The sign(s) shall substantially indicate that a Gas Well Permit to dell for gas
within 600 feet of a Protected Use has been requested and state the date, time and
place of the public hearing, and shall further set forth that additional information
can be acquired by telephoning the applicant/Operator at the number indicated on
the sign.
b The continued maintenance of any such sign(s) shall not be deemed a condition
precedent to the holding of any public heanng 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 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 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, including minimum
separation distance for drilling 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 heanng along with evidence that timely
actual notice of the heanng was given to all persons as required by this Ordinance
7) At the public heanng and before the Crty Council considers the meats of the
application and the recommendations of the Gas Inspector the applicant/Operator shall
provide evidence of a certificate of publication estabhshmg timely publication of the
notice of the hearing, and that the applicant/Operator has otherwise complied with or
satisfied all other requirements of this Ordinance, including full and complete compliance
with the insurance and security requirements.
8) The burden of proof on all matters, except notice, considered m the heanng shall
be upon the applicant/Operator
9) The City Council shall review the application and any other related mfonnation.
The Crty Council shall consider the following m deciding whether to grant a waiver and
authorize the issuance of a Gas Well Permit to drill within 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 there;
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b Whether the drilling of such wells would conflict with the orderly growth
and development of the City
c. Whether there are other alternative well site locations that would allow
reasonable access to explore, develop and produce the mineral estate without
creating mineral waste;
d. Whether the operations proposed are consistent with the health and
welfare of the public when and if conducted in accordance with the
Gas Well Permit conditions to be imposed,
e. Whether there is accessible access for the City fire personnel and fire
fighting equipment;
g. Whether there is a 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,
h. 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 drill sites, both presently and at other
times during the lease term, and
i. The recommendations of the Gas Inspector
10) The City Council may require an increase m the operator/applicant's proposed
distance that the well is to be setback from any residence, religious institution, public
building, hospital building, school or public park or require any change 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, red ect 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 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 m 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 within
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
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the Operator must submit a request for a waiver to dell a gas well within 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 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
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 Internet link for
information on gas dnllmg, 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 wrthm 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 in 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
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 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 feet by three feet, upon the
premises upon which a gas well permit within 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 any nght
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 nght-of
way street, roadway or public thoroughfare.
a. The sign(s) shall substantially indicate that a Gas Well Permit wrthm 600
feet of a Protected Use by Protected Use Waiver 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 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 City Council.
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5) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
E. PERMITTING PROCEDURE FOR GAS WELLS LOCATED GREATER THAN 600 FEET FROM A
PROTECTED USE.
Notice for Gas Well Permit.
1) At least ten (10) days after to 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 Internet link for
information on gas dulling, the number of wells requested by the applicant, that drilling
may commence within 180 days from the issuance of the permit, and contact telephone
numbers for 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 copy of the
notice as outlined below at the expense of the Operator in one issue of the local section
of a newspaper of general circulation 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
3) At least ten (10) days pnor to but not more than thirty (30) days, the date of filing
of an application for a 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 feet by three 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 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
drill for gas has been requested and shall further set forth that additional
information can be acquired by telephoning the Operator at the number
indicated on the sign.
b. The continued maintenance of any such sign(s) shall not be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
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c. The sign shall remain posted at the pad site for the duration of the ~
Gas Well Permit.
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 criteria 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 dnlhng 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 in this Ordinance for the requested Gas Well Permit, he shall
notify the Operator m 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 Sec. 15-47 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 within
600 feet of a Protected Use. Operator must comply with all the application requirements
for a Gas Well Permit within 600 feet of a Protected Use.
SEC. 15-38. AMENDED GAS WELL PERMIT APPLICATION
An Operator may request to amend a Gas Well Permit Application without re-noticing, to
relocate a dell site or operation site that is shown on (or incorporated by reference as part of) on
the Application, provided that the distance to Protected Uses is not decreased.
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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 injury to persons or unless the failure involves the
Operator's failure to provide periodic reports as regmred 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 24 hours from notice ofnon-compliance to correct
the violation from an identified source before a citation is issued. Additional extensions
of the 24-hour period maybe 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 period 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 in this
Ordinance, the Gas Inspector upon written notice to the Operator may notify the
Commission and request that the Commission take any appropriate action.
E. Operator may within thirty (30) days of the date of the decision of the Gas Inspector in
writing to suspend or revoke a Gas Well Permit, file an appeal to the City Council under
the provisions outlined m this Ordinance pursuant to SEC. 15-47 APPEALS" of this
Ordinance.
F If an application for a Gas Well Permit is denied by the Gas Inspector nothing herein
contained shall prevent a new permit application from being submitted to the Gas
Inspector for the same well.
SEC. 15-40 PERIODIC REPORTS.
23
A. The Operator shall notify the Gas Inspector of any changes to the following information
within one business week after the change occurs
1) The name, address, and phone number of the Operator
2) The name, address, and phone number of the person designated to receive notices
from the city (.which person must a resident of Texas that can be served in person
or by registered or certified mail) and
3) The Operator's Emergency Action Response Plan (including `dnve-to-maps"
from public rights-of way to each dell 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 wrthm one business day
C. The Operator shall provide a copy of any `incident reports" or written complaints
submitted to the Railroad Commission wrthm 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 Crty
E. Beginning on December 31st after each well is permitted by the City the Operator shall
provide an operational status report for every well permitted to the Operator within the
City The report shall include the Well Name, API Number Lease Name, City Case
Number Commission Permit Number Commission Lease ID Number and Current Status
whether pending, drilling, completing, producing, plugged or abandoned.
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 m the operations, and after abandonment
or completion grade, level and restore such property to the same surface
conditions as nearly as possible as existed before operations.
3) Indemnify and hold harmless the City its officers, agents, and employees from
and against any and all claims, losses, damages, causes of action, suits and
24
habilrty 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
ausmg out of or m connection with the work done by Operator under a Gas Well
Permit:
a. where such mjuues, 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 m~uries, death or damages are caused m 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 m 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 m 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`h) and each additional well being drilled in
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 m 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 authouzed 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
for the cost of doing any work required by to remedy any default by the Operator
under any provision of this ordinance. If the City determines that a default has
25
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 in 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 m 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 drill 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 City may proceed to obtain compliance and
abate the default by way of civil action against the Operator or by criminal action
against the Operator or by both such methods.
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
Permit term or until the well is plugged and abandoned and the site is restored,
whichever occurs first. The Operator shall be listed as principal and the
instrument shall run to the City as obligee, and shall be conditioned that the
Operator will comply with the terms and regulations of this Ordinance and the
City The original bond shall be submitted to the Gas Inspector with a copy of the
same provided to the City Secretary
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 penod 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
Ordinance, the Operator must agree to either renew the Letter of Credit or replace
the Letter of Credit with a bond in the amount required by this Ordinance, on or
26
before sixty (60) days prior to the expiration date of the Letter of Credit. If the
Operator fails to deliver to the City of Fort Worth either the renewal Letter of
Credit or replacement bond in the appropriate amount on or before sixty 60 days
pnor to the expiration date of the Letter of Credit, the City of Fort Worth may
draw the entire face amount of the attached Letter of Credit to be held by the City
of Fort Worth as security for Operator's performance of its obligations under this
Ordinance.
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 City 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 in Texas. In the event such insurance policy or
policies are cancelled, the Gas Well Permit shall be suspended on such date of
cancellation and the Operator's right to operate under such Gas Well Permit shall
immediately cease until the Operator files additional insurance as provided herein.
1) General 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 carvers acceptable to the City
d. Deductibles shall be listed on the Certificate of Insurance and shall be on a
`per occurrence" basis unless otherwise stipulated herein.
e. Certificates of Insurance shall be delivered to the City of Fort Worth,
Development Department, 1000 Throckmorton Street, Fort worth, Texas
76102, evidencing all the required 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 Crty
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 m policy
27
terms or coverage. A ten days notice shall be acceptable in the event of
non-payment of premium.
i During the term of the Gas Well Permit, the Operator shall report, m a
timely manner to the Gas Inspector any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result m a
property loss.
~ Upon request, certified copies of all msurance policies shall be furnished
to the City
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 m force for the duration of the Gas
Well Permit, msurance for environmental pollution liability applicable to
bodily m~ury property damage, including loss of use of damaged property
or of property that has not been physically m~ured 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 arising from the insured site. Coverage shall be maintained m 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 irntants, contaminants or pollutants.
c. The Operator shall maintain continuous coverage and shall purchase
Extended Coverage Period insurance when necessary The Extended
Coverage Period msurance must provide that any retroactive date
applicable to coverage under the policy precedes the effective date of the
issuance of the permit by the City
5) Control of Well.
The policy should cover the cost of controlling a well that is out of control, re
drilling or restoration expenses, seepage and pollution damage as first party
28
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.
$ 500 000 sub-limit endorsement may be added for damage to property for
which the Operator has care, custody and control.
6) Workers Compensation and Employers Liability Insurance.
a. Workers Compensation benefits shall be Texas Statutory Limits.
b Employers Liability shall be a minimum of $500 000 per accident.
c. Such coverage shall include a waiver of subrogation 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 in the State of
Texas, unless the coverage is written by a Surplus Lines insurer
b The insurance set forth by the insurance company must be underwritten on
forms that have been approved by the Texas State Board of Insurance or ISO
or an equivalent policy form acceptable to the City with the exception of
Environmental Pollution Liability and Control of Well coverage.
c. Sets forth all endorsements and insurance coverage according to requirements
and instructions contained herein.
d. Shall specifically set forth the notice of cancellation, termination, or change 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"
e. Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
D Indemnification and Express Negligence Provisions.
1) Each Gas Well Permit issued by the Gas Inspector shall include the following
language• Operator does hereby expressly release and discharge, all claims,
demands, actions, judgments, and executions which 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,
29
volunteers, or employees, created by or ansmg out of personal m~ures, known or
unknown, and in~unes to property real or personal, or m any way incidental to or
m connection with the performance of the work performed by the Operator under
a Gas Well Permit. The Operator shall fully defend, protect, mdemmfy 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~mcurred
in defense of the City of Fort Worth, Texas, its departments, agents, officers,
servants, or employees, including, without limitation, personal m~ures and death
m 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 m connection with the performance of the work performed by the Operator
under a Gas Well Permit. The Operator agrees to mdemmfy 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
ansmg out of the acts or omissions of the City of Fort Worth occurrng 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 mdrvidual designated to receive notice shall be a resident of Texas upon
whom all orders and notices provided m this Ordinance may be served in person or by
registered or certified mail. Every Operator shall within ten (10) days notify the Gas
Inspector m 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 in such Owner's or Operator's most
recent audited financial statements, may substitute an acceptance and indemnity
agreement in lieu of the bond or irrevocable letter of credit and insurance requirements
set forth m this Ordinance, provided that such acceptance and indemnity agreement shall
be in a form acceptable to and approved by the City Attorney and the Director of Risk
Management of the City The Gas Inspector may request an annual review of the
30
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 drilled, worked-over or m which tubing is being changed. Protection shall be
provided to prevent blowout during gas operations as required by and in conformance
with the requirements of the Commission and the 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
drilling 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
feet (1 000) of a Protected Use may use a lined earthen pit instead of a closed loop mud
system.
4) Compliance. Operator shall comply at all times with all applicable federal, state and
City requirements.
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 brine from any gas operation or the contents of any
container used in connection with any gas operation m, into or upon any public right-of
way alleys, streets, lots, storm dram, ditch or sewer sanitary drain without permits from
the appropriate city departments or any body of water or any private property in the City
6) Drilling Notice. The Operator shall provide 48-hour notice to the Gas Inspector before
the start of drilling operations, fracture stimulation, work over or servicing operations.
7) Drill Stem Testing. All open hole formation or drill stem testing shall be done during
daytime hours. Drill stem tests maybe conducted only if the well effluent during the test
is produced through an adequate gas separator to storage tanks and the effluent remaining
in the dell pipe at the time the tool is closed is flushed to the surface by circulating
dulling fluid down the annulus and up the drill pipe.
8) Dust, Vibration, Odors. All dulling and production operations shall be conducted in
such a manner as to minimize, so far as practicable, dust, vibration, or noxious odors, and
31
shall be m accordance with the best accepted practices incident to drilling for the
production of gas and other hydrocarbon substances m urban areas. All equipment used
shall be so constructed and operated so that, vibrations, dust, odor or other harmful or
annoying substances or effect will be minimized by the operations earned on at any
drilling or production site or from anything incident thereto to the injury or annoyance of
persons living m the vicmrty• nor shall the site or structures thereon 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 m 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 drilling, completion or producing of gas wells. Said plan shall use existing
guidelines established by the Commission, Texas Natural Resource Conservation
Commission, Department of Transportation and/or the Environmental Protection Agency
and City Fire Code. A copy of the Emergency Response Plan shall be kept on site.
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 wrthm the Crty limits shall require a permit issued
by the Bomb & Arson Section of the Crty of Fort Worth Fire Department.
14) Fire Notice. In the event of a fire or discovery of a fire, smoke, or unauthorized release
of flammable or hazardous materials on any property the Operator shall immediately
report such condition to the fire department in accordance with the City of Fort Worth
Fire Code. The reporting limits for hazardous materials release shall conform to the
requirements of the Railroad Commission and not exceed any state or federal permitting
limit. A copy of the hazardous materials release records required by TCEQ shall be
forwarded to the Fire Marshal on an annual basis.
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 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
32
m operating pressure. All well heads shall contain an appropriately labeled emergency
shut off valve to the well distribution line.
16) Fracturing Operations.
i. All formation fracture stimulation operations shall be conducted during daytime
hours.
ii. At least 48 hours before operations are commenced, the Operator shall notify the
Gas Inspector and post a sign at the entrance of the well site advising the public of
the date the operations will commence.
m. `Flowback" operations to recover fluids used during fracture stimulation shall be
exempt from work hour restrictions, subject to noise restrictions of Sec. 15-42.B
iv A watchman shall be required at all times during such operations.
v 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.
i. Permit Required. The construction of a fresh water fracture pit shall require a
permit from the City after approval from the following City Departments.
a. Fire Department in order to address the location of the fresh water pit
b Water department for sewer line and water line review
c. TPW master thoroughfare and floodplam review
d. Planning and Development for forestry review
e. Any other applicable City Department as determined by the City
u. No construction of the fracture pond shall commence until review and approval
from all Crty Departments are received and a permit is issued by the Gas
Inspector
iii No fresh water pit may be placed m any Crty recognized drainage way FEMA
floodplam or floodway existing Crty rights-of way or Crty easements.
iv Construction and maintenance of the fresh water pit must comply with all city
state and federal regulations.
iv All fracture ponds located on a tract of land not adjacent to a gas drilling pad site
shall be located m AG I, J and K unless otherwise authorized by the Gas
Inspector for the purpose of reducing total number of fracture ponds.
v The permit or authorization issued by the City shall be maintained on the location
at all times during construction of the fresh water fracture pond.
vi. All pits shall meet the following requirements
a. 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
b The fresh water fracturing pit shall be enclosed with open design chain
hnk black or dark green fencing on all four sides,
c. Pits shall be maintained in 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,
33
nonstructural and managerial techniques that are recognized to be the most
effective and practical means to control water storage m open pits in an
urban or rural setting;
d. No oil & gas waste by-products or salt water shall be allowed in the fresh
water fracture pit; and
e. 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.
vii. 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 Crty
viu. Periodic test may be required by the Crty of Fort Worth Gas Well Inspector All
costs for testing shall be borne by the Operator or permrttee of the fresh water
fracture pond. 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 to 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.
i. The operator of a gas well shall provide the Gas Inspector with a `pre-drilling"
and `post-drilling" water analysis and flow rate from any existing fresh water well
within five hundred (500) feet of the gas well.
ii. An operator may dell a fresh water well, in compliance with state law to use for
drilling and completion operations within two hundred (200) feet of the wellbore,
however a well that is used for drilling and production operations is excluded
from the two hundred (200) feet setback for future wells dulled on the permitted
pad site.
ui. A copy of the Texas Water Development Board permit shall be provided to the
Gas Inspector along with the geographic coordinates of every water well within
five hundred (500) feet of the well bore.
iv A copy of all plugging and abandonment reports filled with the state and/or
transfer of ownership notice shall be provided to the Gas Inspector and the Water
Department.
v The operator of a gas well shall provide the Gas Inspector with a `pre-dulling"
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 onsite 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,
34
established or maintained on the premises without appropriate City permits and a
Certificate of Occupancy
22) Grass, Weeds, Trash. All dell 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.
23) Hazardous Plan. Hazardous Materials Management Plan (HMMP) and all Material
Safety Date Sheets (MSDS) for all hazardous materials that will located, stored,
transported and/or temporarily used on the operations site shall be submitted to the Gas
Inspector the for distribution to the Director of the Emergency Management Office.
24) Lights. No person shall permit any fights located on any drill or site to be directed
m such a manner so that they shore directly on public roads, adjacent property or property
m the general vicinity of the site. To the extent practicable, and taking into account
safety considerations, site lighting shall be directed downward and internally so as to
avoid glare on public roads and adjacent dwellings and buildings within three hundred
(300) feet.
25) Mobilization and Demobilization. Mobilization and demobilization shall be prohibited
before 9 am and after 6 pm on Sundays. Other than mobilization and demobilization and
advancing the bore hole, no other activities other shall be allowed on the wells site on
Sundays.
26) 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 rt is
equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of
noncombustible materials sufficient to suppress noise and disruptive vibrations and
prevent the escape of obnoxious gases, fumes or ignited carbon or soot.
27) Pits. The following applies for pits used for drilling and completion operations
i) Lined earthen mud or circulating pits or a closed loop mud system maybe used
for gas wells permitted prior to January 2009
ii) All pits shall be approved by the applicable City department.
iii) All pits and contents shall be dewatered, backfilled and compacted following the
schedule established by the statewide rules of the Railroad Commission.
iv) No dell cuttings, rotary mud and wastewater generated during dulling operations
may be burred on site unless permitted by the Texas Railroad Commission and
approved by the City after submission of an acceptable pre-burial test.
v) No pit shall be placed in a floodplam without obtaining a floodplain development
permit from the Transportation and Public Works Department.
vi) Every drill pit used for drilling operations shall be fenced on all open sides during
drilling operations and enclosed on all four sides with a chain link fence in
compliance with Section 15-43 after drilling operations have ceased.
35
vii) No flowback water produced by fracture operations shall be placed m any open
pit without a copy of a valid state permit submitted to the Gas Inspector
28) Private Roads and Drill Sites. Prior to the commencement of any drilling operations,
all private roads used for access to the dell site and the site itself shall be at least fifteen
(15)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 drilling 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 hmrted to the following: distances from public streets
and highways, distances from ad~oming and nearby property owners whose surface rights
are not leased by the operation, the purpose for which the property of such owners is or
may be used, topographical features, nature of the soil, and exposure to wind. Watering,
wetting or other methods or materials must be used to control the dust on all roads
adjacent to residential property
A permanent approach, meeting the City design requirements, gate shall be constructed at
the entrance of the access road onto a public street within sixty (60) days after drilling
operations have ceased or at the request of the Gas Inspector
29) 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 m 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.
1) were permitted prior to July 1 2009 or
2) is the first permitted well on a pad site.
Flaring may be allowed m some instances to an alternative from 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
m such a way as to minimize detrimental effects to adjacent property owners.
30) Salt Water Wells. No commercial salt water disposal wells shall be located within the
Crty of Fort Worth.
A city permit for a non commercial saltwater disposal wells for lease use may be issued
for wells as identified on the Railroad Commission form W 14 if
i. Well is located in an I, J and K Industrial Zoned Districts
36
ii All permit and notifications requirements to obtain a state permit are reviewed by
the Gas inspector pnor to obtaining the state permit;
v 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,
vi. The saltwater disposal well waste is infected into the Ellenberger Formation,
vii The saltwater disposal well is cased and cemented to the surface;
viii. The disposal well permit must be approved by the City Council if the well is
located within 1 000 feet of a Protected Use;
ix. The disposal well is m compliance with all conditions of the state permit; and
x. The disposal well is m compliance with any restrictions placed on the city permit.
The Crty 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.
31) Signs.
a. A sign shall be immediately and prominently displayed at the gate on the temporary
and permanent site fencing erected pursuant to Sec. 15-43 of this Ordinance. Such sign
shall be durable material, maintained in good condition and, unless otherwise required by
the Commission, shall have a surface area of not less than two (2) square feet nor more
than four (4) square feet and shall be lettered with the following:
i. Well name and number
ii Name of Operator
iii. The emergency 911 number and
iv Telephone numbers of two (2) persons responsible for the well who may be
contacted in case of emergency
b Permanent weatherproof signs reading `DANGER NO SMOKING OR OPEN
FLAME ALLOWED IN THIS AREA `PELIGRO NO FUMAR O INICIAR LLAMA
EN ESTA AREA shall be posted immediately upon completion of the well site
fencing at the entrance of each well site and tank battery or m any other location
approved or designated by the Fire Chief of the Crty Sign lettering shall be four (4)
inches 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
provide 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
maybe contained m the tank. Text shall be minimum 6 inches m height, contrasting with
the background color
32) Storage of Equipment. On-site storage is prohibited on the ep~ site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well Lumber pipes, tubing and casing shall
not be left on the operation site except when drilling or well servicing operations are
being conducted on the site.
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No vehicle or item of machinery shall be parked or stored on any street, right-of way
or m any driveway alley or upon any ep~ site which constitutes a fire hazard or
an obstruction to or interference with fighting or controlling fires except that
equipment which is necessary for drilling or production operations on the site. The
Fire Department shall be the entity that determines whether an equipment on the site
shall constitute a fire hazard.
33) 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 feet (3') in height and one and one-half
(1 h) times the contents of the largest tank m accordance with the Fire Code, and burred
at least one foot (1) Drip pots shall be provided at the pump out connection to contain
the liquids form 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. All tanks shall be set back pursuant to the standards of the Commission and the
National Fire Protection Association, but in all cases, shall be at least seventy-
five (75) from any public street, road, highway or future street, or right-of way
d. 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 m the tank.
e. No meters, storage tanks, separation facilities, or other aboveground facilities,
other than the well head and flow lines, shall be placed in a floodway identified
by FEMA on the most current FIRM or the 100-year floodplam without a
floodplam development permit obtained from the Department of Transportation
and Public Works.
f. Tank batteries, separators and equipment shall be set back at least 200 feet from
the Protected Use or Habitable Structure or 100 feet from the property line,
whichever is greater The setback shall apply for any Protected Use 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.
34) Tank Battery Facilities. Tank battery facilities shall be equipped with a lightning
arrestor system.
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35) Surface Casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
36) 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 m an emergency
Each well shall be equipped with an automated valve that closes the well m the event of
any abnormal increase m operating pressure.
37) 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 in such a way to ensure a 95% recover
efficiency between the internal and external atmospheres of the tank(s)
38) Vehicle Truck Routes. Vehicles associated with drilling and/or production in excess of
three tons shall be restricted to such streets designated as either truck routes or
commercial delivery routes by the City Code wherever capable of being used. The
vehicles shall be operated on a truck route wherever capable of being used, they shall be
operated on a commercial delivery route only when it is not possible to use a truck route
to fulfill the purpose for which such vehicle is then being operated. Commercial delivery
route means any street or highway so designated by the City Council for the use by any
commercial motor vehicle, truck tractor trailer semi-trailer or any combination thereof.
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.
39) Waste Disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following:
a. Operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks
must have a vent line, flame arrester and pressure relief valve. All tanks must be
enclosed by a fence applicable to the issued permit classification.
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 in such a manner as to comply with the air and
water pollution control regulations of the State, this Ordinance and any other applicable
ordinance of the Crty
40) Watchman. The Operator must keep a watchman or security personnel on site during
the drilling or re working of a well when other workmen are not on the premises.
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41) Wellhead Status Wellbores, Mouse Holes, Rat Holes, Cellars and Conduit Casings shall
be:
1 Covered at all times when not in use by /2 steel plating, adequately covering the
entire bore hole annulus to prevent accidental entrapment of persons or animals,
2 Completed through the production casing flange with a metal plate or blind flange
bolted across the head,
3 Surrounded with a six (6) feet tall chain link fence halving a gate and lock;
4 The cellar shall be filled or closed, and
The Bradenhead shall be piped to the surface and open to the atmosphere or have an
observable and adequate pressure gauge with operable test valve.
42) Work Hours. No construction activities 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 dulling and/or
production, well servicing, site preparation and other related work conducted on the well
site shall be limited to daytime hours except in cases of fires, blowouts, explosions and
any other emergencies or where the delivery of equipment is necessary to prevent the
cessation of drilling or production. Other than mobilization and demobilization and
advancing the bore hole, no other activities other shall be allowed on the wells site on
Sundays.
B. Noise -Gas Wells.
1 Puor 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 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
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:
1 Nature and proximity of adjacent development, location, and type;
2. Seasonal and prevailing weather patterns, including wind
directions,
3 Vegetative cover on or adjacent to the site; and
4 Topography
The Operator shall be responsible for verif}nng compliance with this
section and the noise management plan after the installation of the noise
generation equipment
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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 as provided
m 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 5 dB for center frequencies of 500
Hertz and above, and by 8 dB for center frequencies between 160 and 400 Hertz,
and by 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-four (24) hour reading during 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 in the ambient noise level is not associated with
dulling 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 intermittently in accordance with the
following:
Permitted Increase Duration of Increase
(dBA) (minutes)*
10 5
15 1
20 less than 1
*Cumulative minutes during any one hour
5 All workover operations shall be restricted to daytime hours.
6 The exterior noise level generated by the dulling, redrilling or other
operations of all gas wells located within six hundred (600) feet of a Protected
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Use shall be continuously monitored, to ensure compliance. The cost of such
monitoring 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
24 hours of notice of the complaint, continuously monitor fora 72-hour period the
exterior noise level generated by the drilling, redrillmg 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 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 Institutes Standard for sound meters or an
instrument and the associated recording and analyzing equipment which will
provide equivalent data.
9 A citation may be 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 24 hours from notice of non-compliance to correct the violation from an
identified source before a citation is issued. Additional extensions of the 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. Setbacks.
A. It shall be unlawful to drill any well, the center of which, at the surface of
the ground, is located.
1) Within twenty five (25) feet from any storage tank, or source of
ignition,
2) Within seventy-five (75) feet of any public street, road, highway or
future street or right-of way or property line;
3) Within six hundred (600) feet from any Protected Use;
4) Within two hundred (200) feet from any Habitable Structure;
5) Within one hundred (100) feet of any building accessory to but not
necessary to the operation of the well,
6) Within two hundred (200) feet to any fresh water well not drilled
by the operator as a specific source of water used for drilling or
completion operations without the express written permission of
the owner of the water well, or
7) Within two hundred (200) 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:
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a. the oil, gas and mineral lease precedes the
formation of an outer boundary surface property line; or
b 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 1) through 5) and 7) 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 6) 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.
B Distance Reduction for Protected Uses
The distance set out m subsection 3) of this section may be reduced to
Two hundred (200) feet from any Protected Use, with a.
a. Waiver granted by the City Council, or
b Written notarized waivers granted by the all the Protected Use
property owners within a six hundred (600) foot radius around the
proposed well pursuant to Section 15-36 of this Ordinance.
D Compressor Stations Natural Gas Facilities.
A. Compressor Noise Regulations.
For purposes of this subsection, `Operator" shall refer to either the Pipeline
Operator or the Gas Well Operator as applicable.
1 Maximum permitted sound levels for all permanent Lift or Line
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
2. Operators shall be allowed to demonstrate that the current actual ambient
is greater than allowed which will become the new ambient for that location
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(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.
3 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
4 Compressors shall meet the low and high frequency
requirements/standards as required for gas wells cited above.
B. Lift Compressors.
1 Lift Compressors shall be allowed m all zoning distracts, but shall be
restricted to the gas drilling pad site.
2 Except as outlined below Lift Compressors shall be required to meet all
the noise standards of subsection A.
a. Temporary Lift Compressor for each well shall be classified as
temporary for 6 months for noise regulations purposes and shall be
allowed 5 dBA over ambient during the day and 3 dBA over ambient
at night.
b No compressor shall be considered temporary if installed within six
months of removal of the initial compressor for that well.
c. Permanent Lift Compressors shall be required to meet the zoning noise
requirements for their zoning location as outlines m subsection A
above.
d. Sound blankets shall be permitted for noise abatement on temporary
Lift Compressors.
e. No sound blankets shall be permitted for permanent Lift Compressors.
All acoustical structures for permanent compressors 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
painted in anon-contrasting soft earth tone color to match the nearby
surroundings as nearly as possible and meets all applicable building
and fire codes.
3 All Lift Compressors shall be setback a minimum of 200 feet from any
Protected Use or Habitable Structure property line or 100 feet from the property
lines, whichever is greater Equipment and buildings not part of the operation of
the compressor shall be setback a minimum of 200 feet from the Protected Use or
Habitable Structure or 100 feet from the property line, whichever is greater
4 All compressor and associated equipment and buildings shall be enclosed
by a six foot security fence constructed per Section 14-43 `Fences and
Landscaping" of this Ordinance.
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5 One three inch caliper tree shall be planted every 40 linear feet along the
property line 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.
6 All equipment or buildings associated with the operation of the
compressor located m or within 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 material as approved by the director of planning and
development or his/her designee that significantly screens the equipment and is
painted m a non-contrasting soft earth tone color to match the nearby
surroundings as nearly as possible.
7 Secondary Containment
Secondary containment shall be required around all compressors stations. All
secondary containment must meet the requirements of Subsection 29 of Section
15-42, Technical Regulations.
8 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 noncombustible materials sufficient to suppress noise and
disruptive vibrations and prevent the escape of noxious gases, fumes or ignited
carbon or soot.
9 All facilities shall be inspected by the fire marshal for compliance with
relative fire codes and the gas inspector prior to operation of the compressor
C. Line Compressors.
1 Line Compressors shall be permitted only in AG" Agricultural District,
`I" Light Industrial, `J" Medium Industrial and `K" Heavy Industrial zoning
districts.
2. All Line Compressors shall be setback a minimum of 600 feet from any
Protected Use and 300 feet from all Habitable Structures not necessary to the
operation of the compressor The setback from Protected Uses maybe reduced to
300 feet provided the Line Compressor is fully enclosed. Equipment and
buildings not part of the operation of the compressor shall be setback a minimum
of 200 feet from the Protected Use or Habitable Structure or 100 feet from the
property line, whichever is greater
3 Line Compressors located m AG J" Medium Industrial and `K Heavy
Industrial zoning distracts shall be required to meet the following standards.
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a. Lme Compressor stations located m AG" J" and `K" mdustraal distracts
shall meet the applicable noise standards for that zoning classification as
set out m Subsection 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 distract.
b No sound blankets shall be allowed.
c. All acoustical structures must be constructed of permanent materaal
constructed of metal, masonry or other structurally sound materaal 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.
d. All facilities shall be inspected by the fire marshal for compliance with
relative fire codes, and the gas inspector praor to operation of the
compressor
e. 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 materaals sufficient to suppress noise and
disruptive vibrations and prevent the escape of noxious gases, fumes or
ignited carbon or soot.
4 Lme Compressors shall be permitted m 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 Line 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.
5 All compressor and associated equipment and buildings shall be enclosed
by a six foot security fence constructed per Section 14-43 `Fences and
Landscaping" of this Ordinance.
6 One three inch caliper tree shall be planted every 40 linear feet along the
property brae abutting a public raght-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 cratical 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.
7 All equipment, that is located m or within 600 feet of residentially used
property or from the public raght-of way shall be screened from public view by
appropraate landscaping, bermmg, structure or wall constructed of metal, masonry
or other structurally sound materaal as approved by the director of development
46
that significantly screens the equipment and is painted m anon-contrasting soft
earth tone color to match the nearby surroundings as nearly as possible
8 Secondary containment shall be required around all compressors stations.
All secondary containment must meet the requirements of Subsection 29 of
Section 15-42, Technical Regulations.
9 In addition to the regulations set out above, Line Compressors located in
`I" Light Industrial zoning district adjacent to residential zoning shall be required
to meet the following standards.
a. The six foot security fence constructed per Section 14 43 `Fences and
Landscaping shall be set back a minimum of 10 feet from the residential
property line and a minimum of 20 feet from the public right of way
b A 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 byproducts. The bufferyard shall be required
even when an alley is located between the compressor site and the
residential district.
c. A minimum 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 rights of way
d. A minimum of one three inch capper large canopy tree, as defined m
Section 6 301.K of the Zoning Ordinance, with a mature height of 25 feet
shall be required every 40 feet and screening shall be provided using
hedges, berms or mass planting to a height of not less than 24 inches with
live groundcover
e. 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 utilizing a synthetic liner shall be
secured with a permanent fence with a secured gate and Knox box as follows
a. The fence shall be at least six (6) feet in height;
b Support posts shall be set m concrete and shall be imbedded into the
ground to a depth sufficient to maintain the stability of the fence;
provided, however so long as stability of the fence is maintained,
temporary fence posts shall not be required to be set in concrete;
c. The 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 may be constructed on the remaining two sides of the pad
site;
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d. The chain hnk fence shall have a minimum thickness of eleven (11)
gauge;
e. Posts and rails shall be standard black or dark green welded pipe;
f. Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable
tighteners shall be turnbuckle or equivalent having a six inch minimum
take-up Tension bars shall have a minimum thickness of one fourth by
three-fourths inch, and
g. Fences shall not be required on drill sites during initial drilling,
completion or re working operations as long as 24-hour on-site
supervision is provided. A secured entrance gate on the access road
containing a Knox box shall be required and all gates are to be kept locked
when the Operator or his employees are not on the premises.
C. Gate specifications. All chain link fences shall be equipped with at least one (1) gate.
The gate shall meet the following specifications.
1) Each gate shall be not less than twelve (12) feet wide and be composed of two (2)
gates, each of which is not less than six (6) feet wide, or one (1) sliding gate not
less than twelve (12) feet wide. If two (2) gates are used, gates shall latch and lock
in the center of the span,
2) The gates shall be of black or dark green chain link construction that meets the
applicable specifications, or of other approved material that are at least as secure
as a chain link fence and shall be included m the chain link 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 City Fire Chief with a `Knox Padlock" or `Knox Box
with a key" to access the well site to be used only in case of an emergency
D 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 in one- and two-family residential zoned areas,
b A 30% tree canopy requirement m multifamily institutional and commercial
zoned areas, and
c. A 20% tree canopy requirement for wells located m industrial zoned areas.
d. Payment to the tree fund of $200 00 per diameter inch will be required for 25
percent of the removed trees greater than six (6) inches on pad sites located m
Agricultural zoned areas. The Operator may chose to plant a 20% tree canopy
in lieu of payment into the tree fund.
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The following requirements shall apply to all wells, including wells located along city
rights-of way Wells located in Agricultural (AG) zoned areas are exempted from the
requirements.
1 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
2 No more than 25% of the same species may be planted at one site.
3 A minimum of 25% of the planted trees must be an evergreen species, and
4 A minimum of 75% of the planted trees must be located between the gas
well site and protected uses or public way An administrative waiver of
the 75% placement can be approved by the City Forester with proof that
the proposed planting will screen the negative views into the well site
from the Protected Uses.
5 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.
6 The minimum size of tree planted will be 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
credit. The total of all must be 3 inches or greater All planted trees will
be credited its canopy coverage at normal grow out.
7 All trees that die within two years of the date of project completion will be
replaced by another replacement tree. The replacement tree Carnes the
same two-year replacement requirement. A replacement of any tree that
dies within 2 years of planting will be replaced by the Operator or agent
and a new 2 year guarantee will begin at the time of replacement.
8 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.
9 Landscaping shall be installed no later than one hundred eighty (180) days
after completion of the first well.
2. Except as allowed m subsection 3 fracture ponds established for the intent of storing and
supplying water for drilling 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 m 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
49
will be fudged on adaptability long-term health and growing characteristic of the tree
type.
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 Ramtree 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 americana 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
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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 City Fire Chief
and the Gas Inspector all waste materials from any public or private property affected by
such spill, leak or malfunction. Clean-up operations must begin immediately If the
owner fails to begin site clean-up 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,
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 m 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
51
deems necessary to regain control of such well. The City shall then have a valid lien
against the interest m 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 so 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 dell
site;
2) All tanks, towers, and other surface installations shall be removed from the dell
site;
3) All concrete foundations, piping, wood, guy anchors and other foreign materials
regardless of depth, except surface casing, shall be removed from the site, unless
otherwise directed by the Commission,
4) All holes and depressions shall be filled with clean, compactable soil,
5) All waste, refuse or waste material shall be removed from the drill site; and
6) During abandonment, Operator shall comply with all applicable sections m this
Ordinance.
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; and
2) ~4 Prior 48-hour notice of intention to abandon under the provisions of this section
and stating the date such work will be commenced. Abandonment may then be
commenced on or subsequent to the date so stated.
3) All wells shall be abandoned in accordance with the rules of the Railroad
Commission, however all well casings and cellars shall be cut and removed to a
depth of at least three (3) feet below the surface. A permanent abandonment
marker pipe, with the well identity and location permanently inscribed, shall be
welded to the casing and shall be at least four (4) inches in diameter with a length
of four (4) feet visible above the ground level.
D Surface Reclamation Plan Requirements. Each Operator must submit as part of the
Gas Well Permit application a surface reclamation plan that must include information
52
outlined in this subsection, m the degree of detail necessary to demonstrate that full site
reclamation can be accomplished.
The reclamation plan must mclude•
(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,
(2) Cleaning up polluted surface and ground water
(3) Backfilling, soil stabilization, compacting, grading, and appropriate re-
vegetahon,
(4) Soil reconstructions, replacement, and stabilization,
(5) Configuration of the reshaped topography
(6) Waste disposal,
(7) A plan for re vegetation of affected lands,
(8) Road reclamation, and
(9) Other practices necessary to ensure all disturbed areas will be reclaimed.
E. Abandonment requirements prior to new construction. All abandoned or deserted
wells or drill sites shall meet the most current abandonment requirements of the
Commission and this ordinance prior to the issuance of any building permit for
development of the property No structure shall be built over an abandoned well.
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 City pipelines may not
interfere with or damage existing uhhties, including but not limited to water sewer or gas lines,
storm drams, electric lines or the facilities of any public utilities located, m public rights-of way
utility easements or other Crty-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.
53
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 time the required pipeline records are submitted to the Railroad Commission, the
Pipeline Operator shall provide the City the following information, mcludmg GPS information
sufficient to locate the pipelines m the future, mcludmg the beginning 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 m a DFF digital file format with the location tied to at least one
(1) nearby GPS (global positioning 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 Crty 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 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 address 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.
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8 At the time of permitting and each year thereafter that the pipeline remains active, each
Pipeline Operator shall provide to the 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 City and
c. Can furnish the common name of the material then being carved 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 City 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 wrthm the
City concurrently with the Crty
10 Every Pipeline Operator shall be required to file with the Crty an annual verified report m
letter form on or before June 30 of each year to cover a reporting period of June 1 through May
31 Said written report shall contain a statement that the pipeline has no outstanding safety
violations within the City of Fort Worth as determined in 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 wrthm the Crty 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, 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 Crty Regulated Pipelines shall adhere to all standards outlined m Section A. Federal and
state statutory or regulatory requirements shall apply to pipelines between the well and the point
of custody transfer Prior to the transport of gas, oil, liquids or hydrocarbons, the Operator shall
provide to the Crty certification from a professional engineer registered with the State of Texas
that the design and installation of the pipelines meets all state and federal requirements.
2 Prior to Pipeline Construction and the issuance of notice required m Section A.4 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 an Pipeline Emergency
3 At the same time the Pipeline Operator submits a Gas Well drilling permit application,
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the Pipeline Operator shall submit a proposed pipeline route from the well bore to the
transmission line, for all Crty 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, maintain, repair replace, modify remove or operate a
pipeline m 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
maintain a minimum depth of ten feet (10') below the finished grade except m public rights-of
way where minimum cover to the top of the pipe shall be at the discretion of the Crty based on
existing or planned utilities. During the backfill of any pipeline excavations m open cut sections,
the Pipeline Operator shall bury `Burred 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 it 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 wrthm the
City hmrts.
7 Review by the Gas Drilling Review Committee for all proposed pipelines through Pnvate
Residential Areas shall be required pnor to the issuance of a permit for the commencement of
Pipeline Construction.
8 A Pipeline Permit application shall be required as follows
a. Applications for a Crty Regulated Pipeline or other activities regulated by the
subsection shall be submitted to the City m a form prescribed by the Crty
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 wrthm fifteen feet (15') 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 in the application.
(1) The name, business addresses and telephone numbers of the Pipeline
Operator
(2) 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
56
c. The person designated as the twenty four (24) hour emergency
contact;
(3) The origin point and the destination of the proposed subject pipeline;
(4) A text description of the general location of the proposed subject pipeline
(5) A description of the substance to be transported through the proposed
subject pipeline;
(6) A copy of the substance material safety data sheet (MSDS)
(7) 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
(8) 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
(9) Detailed cross section drawings for all public street right-of way and
easement crossings,
(10) The proposed method or methods to be used for the installation of the
pipeline;
(11) Methods to be used to prevent both internal and external corrosion,
(12) A binder or certificates of all bonds and insurance; and
(13) A proposed alignment strip map showing name and address of all affected
property owners.
C. Gas Drilling Review Committee.
1 After the filing of an administratively complete application, the Gas Drilling Review
Committee shall review all applications for pipelines located m a Private 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 in Section 15-36 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 & Development Gas Drilling Management
Division Gas Well Division is final.
2 If the Gas Drilling 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 Dulling 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
s~
of such agencies, the following documents pertaining to the preceding reporting period of June 1
through May 31
a. Copies of internal reports of responses to Pipeline Emergencies,
b Current operations and maintenance logs, and
c. Current emergency action plan.
E. Abandoned Pipelines.
1 All pipelines shall be maintained m 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 integrity and compliance with Railroad Commission and/or United
States Department of Transportation regulations.
F Emergency Response Plans and Emergency Incident Reporting.
Each Pipeline Operator shall maintain written procedures to minimize the hazards
resulting from an emergency These procedures shall at a minimum provide for the
following:
a. Prompt and effective response to emergencies, including but not limited to
the followmg:
(1) Leaks or releases that can impact public health safety or welfare;
(2) Fire or explosions at or m the vicinity of a pipeline or pipeline
easement; and
(3) Natural disaster
(4) Effective means to notify and communicate required and pertinent
information to local fire, police and public officials during an
emergency
(5) The availability of personnel, equipment, tools and materials as
necessary at the scene of an emergency
(6) Measures to be taken to reduce public exposure to injury and
probability of accidental death or dismemberment;
(7) Emergency shut down and pressure reduction of a pipeline;
(8) The safe restoration of service followmg an emergency or incident;
and
(9) 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;
58
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.
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 feet (500') from the centerline of the pipeline
section to be repaired at least five (5) days prior to commencing such repairs.
4 The notice required m subsections (1) and (2) 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
notice 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 maintain same m good condition. It shall be a violation of this
Article 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 in 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
59
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 in this Subsection shall be construed as an assumption by the City of any
responsibility of a Pipeline Operator of a Pipeline not owned by the City
L. It is the point and several responsibility of the owner and the Pipeline Operator of any and
all pipeline to maintain the markers m 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
a) 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,
b) The top of all marker signs shall be a minirrium 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;
c) All marker signs shall be a minimum of twelve (12) inches square and shall
be marked as `S W Pipe Line;
d) All marker signs shall contain the name of the owner and operator of the pipeline
and a 24-hour local contact number
e) Pipelines shall be marked along there entire length with a burred metal wire and
metallic flag tape
f) All signs shall also contain an 811 designation `Call Before You Dig" statement;
and
g) 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 outlines in API
1162.
SEC. 15-47 SALT WATER PIPELINES.
60
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 wrthm the City without first obtaining a
Pipeline Permit from the Crty
C. Salt water pipe shall be installed beneath all City utilities, no seams shall be allowed
wrthm City ROW and minimum cover to the top of the pipe shall be at the discretion of the Crty
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 m the State of Texas.
E. All new or replacement pipe or pipelines shall 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 Prior to installation,
the owner of the pipeline shall submit to the Director of Planning and Development and the
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 criteria and the process of installation. The design submittal must
be signed and sealed by a Professional Engineer registered in the State of Texas.
The depth requirements in this subsection shall not apply to piping constructed or installed
wrthm the secondary containment perimeter of the tank battery which piping may be 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 m 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.
a) 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,
b) 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;
61
c) All marker signs shall be a minimum of twelve (12) inches square and shall be marked as
`S W Pipe Lme;
d) All marker signs shall contain the name of the owner and operator of the pipeline and a
24-hour local contact number
e) Pipelines shall be marked along there entire length with a burred metal wire and metallic
flag tape; and
f) 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 in the State of Texas and all pipelines shall
a) Have a maximum inside diameter of twelve inches,
b) Consist of material approved by the City and
c) 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.
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 in the gas industry or the law as it pertains to gas matters. The function of such
advisor(s) shall be to advise, counsel or represent the City on such matters relating to gas
operations within the City as the City may want or require and the effect thereof, both present
and future, on the health, welfare, comfort 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 Crty 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 City Council.
DIVISION X. APPEALS
SEC 15-49 APPEALS.
A. The Crty 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 in this Ordinance) or whose Gas
62
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 wntten decision
of the Gas Inspector file an appeal to the City Council in accordance with the following
procedure.
1) An appeal shall be m wntmg and shall be filed m tnphcate 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 in the proceeding, place the matter on the City
Council agenda for heanng and give notice by mail of the time, place and purpose
thereof to appellant and any other party who has requested m wntmg to be so
notified. No other notice need be given.
B. Appeal fees shall be required for every appeal m the amount of three hundred ($300)
dollars.
DIVISION XI. PENALTY
SEC.15-50. PENALTY
A. It shall be unlawful and an offense for any person to do the following:
1) Engage in any activity not permitted by the terms of a Gas Well Permit issued
under this Ordinance.
2) Fail to comply with any condition set forth in a Gas Well Permit issued under this
Ordinance; or
3) Violate any provision or requirement set forth under this Ordinance.
B Any violation of this Ordinance shall be punished by a fine of not more than $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.
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That all rights or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of the City Code, or any amendments thereto that have accrued at the
time of the effective date of this ordinance; and as to such accrued violations, and all pending
litigation, both civil or criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 4.
That rt is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the 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
64
This ordinance shall take effect on January 1 2009 after adoption and publication as
required by law
APPROVED AS TO FORM AND LEGALITY
Assistant rty Attorney
Adopted. December 9, 2008
Effective• January 1, 2009
65
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved As Amended on 12/9/2008 Ord No 18399-12 2008
DATE Tuesday December 09 2008
LOG NAME 06GASORDREV2
REFERENCE NO G-16391
SUBJECT
Adopt Amendment to Article II Chapter 15 'Gas Drilling and Production of the City Code to
Revise the Regulations Related to Protected Use Definitions Notice Provisions Permitting Noise
Mitigation Setbacks Landscaping Fencing and Technical Requirements add Regulations
Regarding Compressors Site Management, Reduced Emissions and Pipelines
4
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance 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 add regulations
regarding compressors site management, reduced emissions and pipelines
DISCUSSION
On December 11 2001 the City Council adopted Ordinance No 14880 regulating gas drilling within the
City limits of Fort Worth At the time the ordinance was adopted gas drilling was taking place mainly in the
northern and less densely populated areas of the City Since 2001 over 1 000 permits have been issued for
drilling and production of gas within the City limits Gas drilling and production has moved from sparsely
populated areas in the northern part of the City to more densely urbanized areas in the southern western
and eastern portions of the City
Due to the increasing impact of noise to residential neighborhoods related to drilling activities nearby the
City Council appointed a task force in November 2005 composed of five gas industry representatives four
developers two attorneys and nine neighborhood representatives to study and recommend revisions to the
gas drilling ordinance that would improve the quality of life for those citizens working and living near the
drilling sites Based on the recommendations of the Task Force the ordinance was revised on June 13
2006 (Ordinance No 16986-06-2006)
The City Council appointed the 2008 Task Force to study and recommend revisions to the gas drilling
ordinance regarding noise compressors environmental impacts, pipelines setbacks road impacts,
protected use definitions, notice and well classifications. The 2008 Task Force was composed of four gas
industry representatives five land/real estate developers and nine neighborhood representatives The Task
Force conducted 21 meetings from March 2008 through the month of September 2008 to study the
ordinance and hear presentations by staff and outside experts. In addition to its regular meetings the Task
Force went on a site tour and held three public hearings to receive input on the proposed revisions
The City Council held a workshop on November 4 2008 to consider the Task Force and staff
recommendations for revisions to the ordinance A public hearing was held on November 20 2008 at the
Botanic Gardens to receive input on the proposed revisions before placing it on the Council agenda for
consideration and adoption
Logname• 06GASORDREV2 Page 1 of 2
The Task Force and staff are recommending revisions to the ordinance regarding the noise provisions to
require a noise mitigation plan add new regulations regarding pure tones and low frequency noise require
longer ambient noise level testing and allow for the immediate issuance of citations for non-compliance with
the noise mitigation plan
In addition to noise revisions the proposed ordinance would include regulations regarding landscaping and
permitted locations and setbacks for lift and line compressors and associated equipment. Protected use
definitions for public buildings residences and public parks would be revised to provide clarity and a new
definition for hospitals would be added If adopted the ordinance would amend the setback regulations to
require the measurements from a well bore to a school be taken from the property line of the school
property rather than the edge of the building and require the setback between buildings and wells be a
minimum of 200 feet.
The Task Force is recommending the establishment of a Gas Drilling Review Committee composed of
appropriate staff members to evaluate applications for gas wells within 600 feet of a protected use and
applications involving non-commercial truck routes. Staff is recommending that pipelines located in private
residential areas be a part of the committee s review
In order to address increased impacts to the surrounding uses resulting from multiple wells on a pad site
the Task Force recommended that a multiple well site permit be required after the first well on a pad site
This requirement would provide notice to all property owners within 1 000 feet of the boundary of the pad
site rather than the specific wellbore when multiple wells are planned for the site
In addition to the Task Force recommendations staff is recommending that the current classifications for
gas wells (high impact, urban and rural) be eliminated and that the same regulations apply for all gas
wells The procedure for drilling within 600 feet of a protected use would not be revised Staff is also
recommending a time frame to install the required landscaping permitting for fresh water fracture pits
reduced emission completions, and requirements for site management and remediation
The revised ordinance includes regulations for pipelines in City right-of-way and in private residential areas
as well as notice to residents along the proposed pipeline route and the submission of digital as-built
drawings. Salt water pipelines will be required to meet certain construction standards.
The proposed ordinance includes revisions to the technical regulations as recommended by the City's gas
inspectors
It is advisable to amend the current regulations for the drilling production and re-drilling of gas so that these
activities may be conducted in a manner that protects the public health safety and welfare of the citizens of
Fort Worth and minimizes the potential impact of surface property and mineral rights owners
The gas drilling ordinance affects ALL COUNCIL DISTRICTS
FISCAL INFORMATION/CERTIFICATION
The Financial Management Services Director certifies that this action will have no material affect on City
funds
TO Fund/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Sarah Fullenwider (7619)
Logname: 06GASORDREV2
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