Ord 45-2009 7/21/2009 f
ORDINANCE NO. �S c�OOq
Ordinance Amending Section 6.4 Of Appendix A Of The Wichita Falls
Code Of Ordinances To Modify Regulation Of Oil And Gas Wells
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
Section 6.4 of Appendix A of the Wichita Falls Code of Ordinances is amended to
read as follows, with the stricken language deleted:
"6.4 Oil and gas wells.
For the purpose of this regulation, �o"^ °"°" °^�',,: the term
"plugged" shall refer to cementing a well to remove the well from production in
accordance with standards of the state railroad commission. .
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It shall be unlawful for any person actinq either for himself or actinq as aqent,
employee, independent contractor, or servant for any person to drill anv well, assist in
any way in the site preparation, re-workinq, fracturinq or operation of anv such well or to
conduct any activity related to the production of oil or qas without first obtaininq a permit
issued bv the director of public works in accordance with this Section. Such activities
include, but are not limited to seismic exploration, site preparation, re-workin. ,q drillinq,.
fracturinq, operation, construction of riqs or tank batteries, fracturinq and pressurizinq of
wells. A permit shall not be required for seismic exploration unless such survev
activities will be conducted on Citv property or public utilitv easement. Explosives shall
not be used within the Citv.
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A permit shall authorize seismic exploration, site preparation, re-workinq, drillinq,
fracturinq operation construction of riqs or tank batteries, and well pressurization for a
�eriod of one year after issuance. If a well is completed as a result of permitted drillinq
activity the permit shall authorize continued operation of the well.
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A. Permit application and contents. The application for the permit, required
by this chapter, shall include the following information:
1. A copy of the application to drill which has been filed with the state
railroad commission and copies addressing the requirements of the
state railroad commission for which is required to be met based on
the application, together with bonding requirements, if required.
2. The name, a�d address, and phone number of the operator of the
lease and property owner, with the name of the contact person for
the operator.
3. A description of the lease or the lands involved in the exploration,
drilling or maintenance, and the length of time that surface
operations are expected to occur.
4. A plat showing the location of the well, the ownership of the land
property lines, structures, and offset operators or landowners.
5. The name and address of the drilling contractor.
6. A site plan accurately depicting the proposed site and the location,
distance to and nature of adjacent land uses,
7. A statement warning of possible hazardous formation conditions
that may be encountered during or as a result of the proposed
drilling or exploration operation or maintenance of an existing well
site.
8. A copy of the operator's spill prevention plan.
9. The fee for a permit in the amount of $500.00 or as established in
the Fees chapter of this code. T h,� ��^� °h�ll ho +ho
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10. A bond or letter of credit approved for form by the City Attornev in
the amount of $25,000 along with the permit application for the
initial permit applied for by an operator. The bond shall be
executed bv the Operator, as principal, and a corporate suretv on
the list of authorized insurance companies published by the State
Board of Insurance of the State of Texas, as surety, in a form
a�proved by the City Attorney and with the bond in favor of the City
conditioned that the Operator will complv with all of the terms,
conditions and requirements of this Chapter and any permit issued
pursuant hereto and further conditioned that the Operator will
repair any damages to City roads, streets, hiqhways, or other Citv
property as determined by the Director of Public Works of the City,
caused by the equipment and vehicles used by the permittee in
qoinq to and from the drill site with such repairs to be in compliance
with specifications therefore prepared and provided to the operator
bv the Director of Public Works. The securitv shall remain effective
until the operations on the drill site are terminated.
11. A certificate of insurance showinq the insurance required in this
Section.
B. Insurance. No well shall be drilled or any maintenance or exploration
conducted �;:;+"�rie�els ^^° �^�' *��,^, unless the drilling firm, lease owner and/or
contractor at all times carries minimum insurance coverage for bodily injury of 500 000
for each occurrence and $1,000,000 aggregate; �^� minim� nnver�nc and for
property damage of 500 000 for each occurrence and $1,000,000 aggregate, and for
the cost of controlling a welf that is out of control, re-drillinq or restoration expenses,
seepaqe and pollution damaqe as first party recoverv for the Operator and related
expenses includinq but not limited to, evacuation of residents, in the amount of at least
$5,000,000 per occurrence. The lease owner shall at all times carry this minimum limit
of insurance until such time that the well is out of production and all appurtenances
removed from the site. The insurance under all situations and at all times shall list the
City of Wichita Falls "nrl iho re�.,o,.+;.,o �,,,,n+., as additionally named insured.
C. Location, maintenance and fencing of tanks and tank batteries.
1. The oil or fuel storage tank or tank battery shall be erected in
conformance with the spill prevention control and countermeasure
plan published by the U.S. Environmental Protection Agency.
2. The oil or fuel storage tank or tank battery shall be completely
enclosed by:
a. a minimum 6-foot tall all metal chain-link fence with 2"-
maximum mesh interwoven with opaque slats, �topped by at
least 3 strands of barbed wire,
b. a solid minimum 8-foot tall masonry wall, or
c. other fencinq material approved by the director of public
works. �ir,� .,,.e „f ., �„�,,.;°.,+��;,,.,�,.,��Ta--sTeso .,,o
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3. In no event shall a tank or tank battery be located nearer than 150
feet from any residence, or dwelling, unless the tank or tank battery
existed prior to the residence or dwelling, or nearer than 30 feet
from any combustible structure.
4. Oil and fuel storage tanks or tank batteries shall be kept well
painted and in good repair. ,
5 �n�:+h;., �o.,o� �..o If the well(s) associated with an oil storage tank or
tank battery is/are plugged, or if the storage tank or tank battery is
no longer in use, the storage tank or tank battery and associated
pipelines shall be removed and the land restored. This provision
may include all associated appurtenances with the wells and tank
or tank batteries. This removal shall occur within six months unless
documentation can be provided that the well and tank or tank
battery will be used within the next finro years. For the purpose of
this provision, the term no longer in use shall mean that the tank or
tank battery, while it or they may contain some residue or fuel, has
not been pumped into or out of within the past 6 months. The
Director of Public Works may waive this requirement if the operator
requests such waiver in writinq, and the Director determines that
failure to pump is due to a reason other than the tank(s) no lonqer
beinq in use.
6. Other oil or fuel storage tanks that receive products from
transmission or distribution lines that are not pumped into or
pumped out of for a period of six months shall be considered
abandoned and/or unused. The leaseholder shall disassemble and
completely remove such tanks from the site unless it is shown that
there are plans to reuse the storage tanks within the next finro
years.
7. Within 6 months after removal of anv oil storaqe tanks or tank
batteries the permittee shall restore the property to its oriqinal state
,
insofar as possible to include removal and/or restoration of any
unremediated soil.
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D. Pumps to be e/ectrically powered. No pumping unit used for the purpose
of lifting oil shall be powered with any power other than electricity. `"��+"�^ '°��°' ^^°, If
electrical power lines are proposed to be buried or are buried, a private easement shall
be created and the department of public works shall note the location of said easement
and/or its encroachment into or within a public easement. Such easement shall be
made a matter of public record by the filing of a plat or separate instrument.
E. Pumpinq Units.
1 . All surface equipment e,,., ,.,o�� ,",�� �� ,,.,,+� nr�cr��inn �eu�hin �o.,o�
eae shall be kept clean, painted, in good repair, and properly
lubricated in order that they will operate quietly. The noise
�roduced by wells iacks or units on a producinq well shall not
exceed 50 decibels at anv boundary of the parcel on which the well
is located.
2. All pumpinq units, compressors, and other powered equipment A�
' shall be completely enclosed by:
a. a minimum 6-foot tall all metal chain-link fence with 2"-
maximum mesh interwoven with opaque slats, topped bv at
least 3 strands of barbed wire,
b. a solid minimum 8-foot tall masonry wall, or
c. other fencinq material approved by the director of public
works. �;:;r,� ^^e ^f ° ° e-��
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F. Flow lines.
1. All flow lines and/or water and/or oil or gas lines shatl be buried at
least one foot under the ground unless permission is obtained from
the surface owner ����+";^ '°.,°' ^^°. The planning division and/or
department of public works may require that flow lines and
transmission lines be buried at a greater depth depending upon
adjacent land uses and proposed streets, roads and highways.
2 . All flow lines �h"II he in���+llorl ��ii+hin r�ri�i��o o�c+err+on+� ��ihnc�
�esa#+er� shall be shown on a plat or separate instrument and filed
for public record. Upon the removal of the associated tank batteries
and/or the plugging of wells associated with such pipelines, the
pipelines shall be removed. The department of public works may
consider an alternative to the removal of the pipelines if the lines
are flushed to remove any potential contaminates. Such exception
shall apply to only those situations where removal is not technica�ly
feasible. Aflse--t�c�;:n� �-�r,�-re�T�, ��i�--ea�se�ea�s °" ^^
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a�a+labl� The department of public works shal� have sole authority
to regulate the location and installation of such lines, which will also
incorporate standards by the appropriate government agency.
G. Waste oil or water to be cleaned up. Any waste oil or water in, on, or around
any premises within the city or the extraterritorial jurisdiction shall be immediately
cleaned up and the ground shall be cleaned of any oil-bearing dirt.
H. Drilling operations generally. The owner, leaseholder, property owner or
other who is responsible for drilling of a well or well site shall proceed with the drilling
operations with the highest degree of care so as not to injure adjoining property or
persons in any manner by:
1. Keeping the premises suitably fenced or guarded 24 hours a day in
such manner as to avoid trespassing during
the drilling and exploratory operations, ;
2. Removing all drilling mud upon the completion of such drilling
operations'^ ^� ��°�^'° '°„°' ^^°�
3. Immediately clearing the grounds around the well °^^' *"° °'� �°" ^�+c
of all drilling mud and/or all oil, salt water or water. The area shall
be made to conform in appearance to the lands in the
neighborhood wherein such drilling, exploration or maintenance
operations are so conducted. All pits must be steel or lined with a
minimum 6-mil impermeable liner. All pits and contents shall be
removed from the premises and drill site within 30 days after
completion of the well.
4. Prior to the commencement of any drillinq operations, installinq
private roads used for access to the drill site and the operation site
which are at least 10-feet wide, have an overhead clearance of at
least 14 feet and are surFaced with asphalt, crushed rock, or _ rq avel,
and maintained to qrevent dust and mud in accordance with the
requirements of the director of public works. The requirements
qoverninq surfacinq of private roads may be altered at the
discretion of the director of public works after consideration of all
circumstances includinq, but not limited to, the followinq: (1)
distances from public streets and highwavs; (2) distances from
adioining and nearbv propertv owners; (3) the purpose for which
the propertv of such owners is or mav be used; (4) topoqraphical
features� (5) nature of the soil; (6) exposure to wind, and (7)
preference of the surface owner.
5. It shall be unlawful to create sound durinq drillinq operations that
exceeds:
a. 60 decibels durinq davtime hours between 7:00 a.m. and
7:00 p.m., measured at any occupied structure on a parcel
other than the parcel on which the oil well is located.
b. 50 decibels durinq niqhttime hours between 7:00 p.m. and
7:00 a.m., measured at any occupied structure on a parcel
other than the parcel on which the oil well is located.
I. Spacin.q.
1. It shall be unlawful to drill any well, the center of which, at the
surface of the qround, is located:
a. within 25 feet of any storaqe tank or source of iqnition;
b. within 100 feet of any buildinq accessory to the well, public
street, road, highway, riqht of way or property line.
c within 300 feet of any water well used as a potential source
of drinkinq water;
d within 400 feet of any commercial or industrial buildinq; or
e. within 600 feet of any residence.
2 The minimum distances described in subsection 1.d. and 1.e. may
be reduced bv:
a. a waiver granted by the City Council; or
b written notarized waivers qranted bv all owners of all
buildinqs within the radius beinq protected from drillinq. All
waivers must identify the property address, block and lot
number subdivision name fif applicable), and plat volume
and paqe. Such waivers must be filed, at the expense of the
Operator in the Wichita Countv records prior to the issuance
of the permit.
J Fracturinp Operations. It shall be unlawful for any person to conduct
fracturinq operations on a well durinq the ni qhttime hours between 7:00 p.m. and 7:00
a m It shall further be unlawful for any person to create sound durinq such fracturinq
�erations that is qreater than 60 decibels measured at any occupied off-site structure,
unless a hi maximum decibel level has been provided b the director of public
works If a hiqher decibel level has been provided bv the director of public works, it
shall be unlawful for any person to:
1 create sound durinq fracturinq operations that exceeds the decibel
level provided by the director of public works, or
2 conduct fracturinq operations in a manner that fails to comply with
the special conditions established by the director of public works.
K. Easements. Wells shall be serviced from an existing public street or a
dedicated access easement.
1. A 25-foot access easement allowinq entrv of Citv personnel and
other public safety personnel shall be provided from a street to the
wellhead, tank, tank battery, flare and mud pits or any other areas
where machiner�is located. .
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2. The operator shall pay the City for any damaqe it causes to Citv
property within 30 davs after notification of such damaqe by the
Director of Public Works.
3. Once a well is plugged to remove from production and the site is
restored as required herein, the easement may be removed.
L. Floodplains. The floor of anv drillinq rig and the top of anv well head shall
be placed at least one foot above the "base flood elevation" in an area of "Area of
s�ecial flood hazard" as such terms are defined in Section 54-26 of this Code. The base
of any pumpinq units wel�-�s and oil storaqe tanks must be placed above the "base
flood elevation".
M. Enforcement. T�-";�-��esrt�e+��°�-o� ^�sed "„ �^�� �^^+� �;
,
. Violation of the terms of this section shall
be punishable by a fine of up to $2 000 per day, cancellation or suspension of the
permit bv the director of public works or injunction. Prior to cancellation or suspension
of a permit the director of public works shall qive the permit holder at least 10 davs
written notice posted on the drill site, an opportunity for hearinq, and at least one
opportunity to cure the failure of at least 10 days followinq the hearinq."
PASSED AND APPROVED this the 21 day o , .
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A Y O R PRO TEM
ATTEST:
�—�,---
'ty Clerk
,:
Af�l � � 1 ^
davlt of Publicat on
THE STATE OF TEXAS #239375
�� COUNTY OF WICHITA
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in, mendirig�;
Arspend'wc+'-B" Ot, The;
Code : Of ' 'Ordi+tz�nces
To Add Sectiorq 38h1; rd
Thereto Which w�u On this 3 day of August 2009 A D... -
E sta bl isWk �^?:COmmer-
cial .Business c�os��e. personally appeared before me, the undersigned authority
'fimes m�'The Centrat.
B�S����,n�str��r. Kathy Salan, Sales Assista�nt for the Times Publishing
ORDINAN'CE N0... '1
Ordinan � Company of Wichita Falls, publishers of the Wichita Falls
dex. Of�Th�e W ch,ita,� Times/Record News, a newspaper published at Wichita Falls in
Falls Code 'Af ora�- Wichita County Texas a�.d upon being duly sworn by me, on
nances� To Modify f �
Re9°'°t'°" `' qr ,°'' oath states that the attached advertisement is a true and
And Gas Wells ,; correct copy of advertising published in One (1) issues hereof
on the following date:
Aug�nst 2, 2009 -
��� �—�
Sales Assistant for Times Publishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first ahove written:
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