2013-014s;\legal\our documents\gas well documents\12\gas well ordinance amendment-january 15-2013 version.docx
oxDnvArrcE No. 2013-014
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SUBCHAPTERS 22 OF THE DENTON DEVELOPMENT CODE, RELATING
TO GAS WELL DRILLING AND PRODUCTION, DEFINITIONS, AND
PROCEDURES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND AN
EFFECTIVE DATE. (DCA12-0005).
WHEREAS, the City of Denton, Texas is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code and accordingly enjoys broad powers of self governance; and
WHEREAS, the authority of a home rule city to regulate the exploration and production
of natural gas within its city limits and extraterritorially, as herein provided, is legislatively
recognized, inter alia, at Section 92.007 of the Texas Natural Resources Code, Chapters 54, 211,
212, 217, and 551 of the Texas Local Government Code, Chapter 26 of the Texas Water Code,
Chapter 382 of the Texas Health and Safety Code, and numerous other legislative and
Constitutional provisions of the State of Texas; and
WHEREAS, the City Council, pursuant to Ordinance No. 2002-040 adopted the Denton
Development Code (the "Development Code") wherein contained is the City's gas well drilling
and production regulations, Subchapter 22, attendant with applicable procedures and definitions
in Subchapters 3 and 23;
WHEREAS, the City amended Ordinance No. 2002-040 pursuant to Ordinance No.
2010-181 to further address gas well drilling concerns within the City of Denton; and
WHEREAS, it has come to the attention of the City Council that the City's current
regulations may not fully implement the City's goals of allowing gas well operations while
protecting the public's health, safety and general welfare in that the Barnett Shale gas play is a
massive reservoir of natural gas underlying a substantial portion of southern Oklahoma and
North Central Texas, with the most active production zone being situated under the highly
urbanized Denton, Tarrant, and Wise counties; and
WHEREAS, rising demand for clean alternative fuel sources, and the advent of new
drilling and production technologies, including hydraulic fracturing, has encouraged mineral
development in these areas; and
WHEREAS, the City Council of the City of Denton, Texas has witnessed the conflict
between increased drilling and urban expansion, and acknowledges the need to regulate the
conflicting land use issues between gas well operations and surface owners seelcing the peaceful
and quiet enjoyment of their property; and
WHEREAS, the City Council finds that potentially harmful impacts of gas well drilling
and production within the City fa11 most heavily upon neighborhoods and properties adjacent to
gas well drilling and production operations; and
WHEREAS, the City appointed a task force composed of five individuals, Dr. Tom
LaPoint, Professor, University of North Texas, Department of Biology; Vicici Oppenheim, AICP,
Environmental Planning and Founder of Greenleaf; John Siegmund, Retired Wells Fargo
Advisor and Retired Petroleum Engineer; Dr. Ed Ireland, Burnett Shale Energy Education
Council (BSEEC); and Don Butler, New Tech Global, to represent environmental interests, the
gas industry and neighborhood interests to review the City's regulations and recommend
appropriate changes and, in so doing, to balance the interests of the mineral owners and operators
as against quality of life issues for those citizens working and living near drilling sites and
production infrastructure; and
WHEREAS, the task force, with the assistance of the public through multiple public
hearings, recommended many changes to Denton's gas well ordinance, including increasing the
permitted distance requirements, increasing notification to the citizens of Denton, additional
noise abatement procedures, site security, signage, and other revisions that will provide
additional protections of surface property rights while continuing to allow access to the minerals;
and
WHEREAS, the Denton Area Drilling (DAG) committee, made up of university
professors, students, environmental activists, and other citizens conducted extensive research and
held multiple public hearings in the interest of assisting the City Council with their decision
making; and
WHEREAS, Denton's Planning and Zoning Commission committed long hours and
much work toward the betterment of this ordinance, and considered much public testimony in the
process; and
WHEREAS, the City Council is most appreciative of the work of both the Taslc Force
and the DAG, as well as that of the Planning and Zoning Cornmission, and the City Council has
followed and studied the findings and the research in support of these iindings as related to all
these groups; and
WHEREAS, the City Council's regulation of gas wells in the City is based upon the
worlc of Task Force, the DAG and the Planning and Zoning Commission, as well as the
multitude of public comments received before these groups and before the City Council; and
WHEREAS, the City Council does hereby incorporate by reference all the minutes, work
papers and recommendations of the Task Force, the DAG and the Planning and Zoning
Commission, all the studies relied upon and referenced by them, all public comments made
before them, as well as on the City's website and before the City Council; and
WHEREAS, the City Council finds all the worlc of the Taslc Force, the DAG and the
Planning and Zoning Commission to be exemplary and in the public interest; and
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WHEREAS, the City Council particularly finds compelling the evidence in support of
remedying the impacts of gas well drilling in an urban environment, to include noise, dust, odor,
light pollution, vibrations, iire safety, visual aesthetics (i.e., fencing), construction standards and
materials, buffers, preservation of surface property values and the character of neighborhoods,
incompatibility, infrastructure related to public health and welfare such as water wells; setbacks,
landscaping, public notice, signage, issues related to operating hours; operator insurance issues,
road impacts, and other quality of life issues; and
WHEREAS, the City Council finds that gas well flaring, gas well pits, gas well
completion techniques, closed loop systems, vapor recovery units water and soil impacts, other
environmental impairment issues, methods of plugging and abandoning wells, pits involved in
gas well operations, emergency operation plans, and other operational aspects of extraction of
minerals trigger the immediately referenced concerns to a significant degree, as well as
triggering concerns regarding public health, life, property and the preservation of good
government, order and security of the City of Denton and its inhabitants; and
WHEREAS, the City Council finds that the aforesaid gas well operations have the
propensity for polluting or degrading streams, drains, recharge features, or tributaries that may
constitute or recharge the City of Denton's drinking water supply, and the City finds a need to
police the watersheds within its boundaries and within its extraterritorial jurisdiction; and
WHEREAS, the City Council notes various studies conducted by neighboring cities
relating to gas well drilling within municipalities, including Flower Mound's various studies
involving property values and environmental matters, as well as the City of Fort Worth's siudies
relating to gas well drilling in the city of Fort Worth, and the City Council does hereby
incorporate by reference these studies relating to the impacts of gas well drilling in a municipal
setting; and
WHEREAS, the City Council has determined that the most effective way of preventing
or moderating potentially harmful impacts of gas well drilling and production activities on
adjacent and proximate land uses is to involce the City's zoning powers by establishing
requirements for site plans and gas well permits; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Denton Development Code are
consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. All of the above recitals, including the findings made therein, are hereby
found to be true and correct factual and legislative determined of the City of Denton, Texas and
are hereby approved and incorporated by reference as though fully set forth herein.
SECTION 2. Subchapter 22 of the Denton Development Code ("Gas Well Drilling and
Production") is amended to incorporate the specific changes as identified in redline format in
3
E�iibit "1", together with a clean version of Subchapter 22, as amended, in Exhibit "2", which
are attached and incorporated fully herein by reference.
SECTION 3. The moratorium established by Ord. No. 2012-024, and as amended and
extended by Ord. Nos. 2012-126, 2012-231 and 2012-368, will terminate on the effective date of
this ordinance, as indicated in Section 7 herein.
SECTION 4. All ordinances in conflict herewith, are amended and superseded to the
limited extent of such conflict, and all remaining sections and provisions of such ordinances, not
in direct conflict herewith, are hereby made cumulative.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 7. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED at the City Council meeting posted and commenced on the
1 Sth day of January, 2013.
MARK A. B RRO S, M
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: � ��
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: /��'C����'1 �
EXHIBIT "1"
Redline Ordinance Version
35.22.1. - Purpose, Authority and Applicability.
A. Purpose. The drilling and production of gas and the development of gas well facilities
within the corporate limits of the City necessitate promulgation of reasonable regulations
to prevent �°ca�o�devaluation of property; to protect watershedsi �to prevent
deleterious uses of groundwater resources that actually or potentially threaten the health
of persons in proximity to drilling and production activities• ���r *�° r�*•� ��T��r*��, to
prevent or moderate noxious emissions of gases that potentiallv threaten the health of
nearby residents and employees; to prevent injury to persons and property;; a� to ensure
that gas well drilling and production activities are compatible with adjacent land uses
throughout the duration of such activitiesz and to assure that such activities conform to
The Denton Plan. The regulations contained in this Subchapter are designed to protect the
health, safety, and general welfare of the public and to assure that the orderly and
practical development of mineral resources is compatible with ��*�'���*��� ��*�° the qaziet
enjovment of affected surface estates. The re�ulations contained in this Subchapter are
desi�ned to imnlement the purposes set forth in this subsection and are supported by the
followin� findin�s of fact:
l. Gas well drilling and production activities create externalities that potentiallv threaten
the health, safetv and �eneral welfare of persons residing or workin�on propertv in
�roximity to such operations.
2. Gas well drillin� and production activities, in the absence of local re ul�atory controls
may �enerate noxious aerial emissions, introduce contaminants into groundwater
emit hi�h noise levels, produce lar�e volumes of dust congest local streets present
fire hazards and produce other deleterious effects all of which fall disproportionatelX
on adiacent land uses, and which can result individuallv or cumulativelv in injurv to
persons and destabilization of propertv values in the vicinity of such operations
3. The Citv of Denton recognizes that the United States and the State of Texas regulate
�as well drillin� and production activities for the purpose of implementin� broad air
quality and water qualitv �oals. The regulations in this Chapter are intended to
supplement such standards in order to implement compatible local objectives that
assure the health, safety and �eneral welfare of the City's residents and businesses
B. Authority. This Subchapter is adopted pursuant to authority vested under the
constitution and laws of the United States, the State of Texas and the City of Denton.
Each authorization identified in this Subchapter shall be construed as an exercise of the
City's zoning powers, pursuant to the Denton City Charter, Texas Local Government
Code Chapters 211 and 212 and the provisions of Subchapter 35.5 of the Denton
Development Code (DDC).
C. Applicability. The provisions of this Subchapter apply only within the corporate limits
of the City of Denton, except as otherwise stated in section 35.16.19 of the DDC.
35.22.2. - Definiti�ns.
All technical industry wards or phrases related to the drilling and production of gas wells not
specifically defined shall have the meanings customarily attributable thereto by prudent
operators in the gas industry. For the purposes of this Subchapter, the following definitions,
without re�ard to whethex the defined terms are canitalized when used shall apply unless the
context clearly indicates or requires a different meaning.
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Ambient Noise Level. An all-encompassing noise level associated with a given environment. A
composite of sounds from all sources (excluding the noise in question) at the location and
approximate time at which a comparison with the noise in question is to be made. In this context,
the ambient noise level constitutes the normal or existing level of environmental noise at a given
location. The z4ambient noise level is established by recording sounds from all sources
(excluding the noise in question) over a continuous seventy-two (72) hours period at the location
prior to drilling. The seventy-two (72) hour time span shall include at least one twenty-four (24)
hour reading during either a Saturday or Sunday.
Slowout Preventer BOP . aA mechanical, hydraulic, or pneumatic apparatus, or combination
of such a arati, �*" -� �' �' �' t- u
pp ____ __ .___ .._ d.,.�. ...� ..,.� ,, „�,, �., ���.,,, that can be secured t�e over
top of an open wellbore, or drill pine or casin� tubular that zj��'.'. ��„� ����•�a�rn <��-��� �++;��-�
ais� aiaviu �
�' �., ;�..,. 111vV� * a *'� ''t , �' '�� via remote actuators, ^ „ �° ����°a � �a
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"° •°� +" ""°"° +�' +. can be actuated remotelv in the event that an emer�ency well
control situation arises. The primarv function of the BOP is to shut the well and to regain
pressure control of the formation fluids from blowing out of the well
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Closed-loon mud svstem. A svstem that uses a combination of solids control eauipment
incornorated in a series of steel tanks that eliminates the use of a pit
Commencement of Drilling Activities. The reflection of either "Spud Well" or "Nipple Up" the
Blow Out Protectors (BOP) by the drilling contractor on the IADC-API Daily Drilling Report
Form maintained by the Operator's tool pusher on the pad site.
Completion combustion device. Anv i�nition device installed horizontallv ar verticallv used
in exploration and nroduction operations to combust otherwise vented emissions from
completions.
Completion of drilling, re-drilling and re-working. The date the work is completed for
drilling, re-drilling, or re-working, and the crew is released by completing its work or contracted
by its employer.
Compressor station. A facilitv that compresses natural gas for deliverv through a transmission
�peline.
Contaminant. Any substance capable of :,uuJ�-��- ����•�*��� contaminatin� a non-related
homogeneous material, fluid �as or environment. ,' , ,
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Daytime. The period from 7:00 am to 7:00 pm., Monday through Friday; and from 8:00 am to
5:00 pm., Saturdays and Sundays.
Delineation well. A well drilled in order to determine the boundarv of a field or producin�
reservoir.
Drilling. A,��' ,�'aa'•'a ��C��P'FFL{FiC��6 �2=v'E4�6�r@i�,ar6auE@-�9 orc6 mJcE�-�S�'k'icicr�
�_�i. ,�+l.o« f7,,;.a ., „�F2-�i�9�3e--,�.,��ll;.,.� ., a � zcic�GT�i(.irc-(','H�-vi-axi
�er�ed: Term used to tvpically describe the means by which the earth is bored to create a
pathwav to formations containing hYdrocarbons to allow for their production to the surface It
can employ various types of mobilized drillin� eauipment to create a wellbore while
incorporatin� drillin� fluids to cool the bit to condition the hole to remove drilled cuttings and
most criticallv, to maintain an overbalanced pressure �radient a�ainst the formation that ma�
contained inherentiv pressurized well fluids.
Drilling and Production �e� Site (A/K/A Gas Well Park, Gas Well Pad Site, and Drillin�
and Production Area). The area dedicated to all gas well drilling a� or production activities,
or both, including the drillin� and production area s�e, all structures, closed-loop systems,
dehydrators, parking areas, security cameras, lighting, ta.nks, tank battery_ (or any other tank
�rouping area), drilling rigs, separators, compressors, perimeter walls, utilities, and all other
features or objects contemplated for use during and after gas well drilling or production
activities, as designated on the Gas Well Development Plat or Gas Well Development Site Plan.
Excluded from this definition are atherin� and transmission lines and compressor stations
Drill Site. The area used for drilling, completing, or re-working a well.
Emergencv Action Plan (EAP). A written document which includes a set of nrocedures
intended to �uide an organization's response to an accident or emer�v *'��* �����*�*�� �ra
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Exploration. Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons.
Field Natural Gas. Natural �as extracted from a production well priar to enterin� the first stage
of processing, such as dehvdration.
Flowback. Th� �..,,,.o�� „�,.o,.,.,>o,.;,,,, �,,;a� ,. �;a,,,,� �. i + a �. . a ». The
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process of allowin� fluids to flow from a natural �as well following a treatment either in
preparation for a subsequent phase of treatment or in preparation for cleanup and returnin� the
well to nroduction. The flowback period be�ins when material introduced into the well during
the treatment returns to the surface immediatelv following hydraulic fracturing or refracturin�
The flowback period ends with either well shut in or when the well is producing continuouslv to
the flow line or to a stora�e vessel for collection, whichever occurs first
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Freshwate�- W�11. A private water well used by a Protected Use.
Gas. Gas or natural gas, as such terms are used in the rules, regulations, or forms of the
RRC ' Typically, a naturally-occurrin� �aseous substance primarily
composed of inethane and other light, gaseous hvdrocarbons.
Gas Processin� Facilitv. A processin site en�aged in the extraction of natural gas liQuids from
field natural �as, or the fractionation of mixed natural �as liQUids to natural gas products or a
combination of both.
Gas Produetion (A/K/A Production). The phase that occurs after successful exploration,
drilling and development involving operations including, but not limited to, gas wells, tanks,
dehydrators, separators, mud pits, ponds, tank batteries or associated mechanical equipment, and
during which hydrocarbons are extracted from the gas field, excluding those operations and
facilities as defined and regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101—
64137.
Gas Well. Any well drilled for the production of gas ar classified as a gas well under the Texas
Natural Resources Code.
Gas Well Permit. Anv written license �ranted bv the Citv of Denton for the exnloration.
drilling, develot�ment ai�nroduction, and operation of natural �as, issued nursuant to rules and
re�ulations of this Subchaptersec-�e�. A Gas Well Permit is required for each well. ^��'���
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Habitable Structure. Structures suitable for human habitation or occupation for which a
Certificate of Occupancy or Final Inspection Certificate is required, including but not limited to
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single ar multi-family dwellings, accessory guest houses, hotels, condominium buildings, public
buildings, and enclosed buildings used for commercial or industrial purposes. A habitable
structure shall not include ��r'��'��*�'�'° accessary buildings, m�'��'°'��m°°, barns, garages and
sheds.
Hazardous Materials Management Plan. The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
Hvdraulic Fracturin�. The t�rocess of �irectin� pressurized fluids containin� any combination
of water, proppant, and any added chemicals to penetrate ti�ht formations such as shale or coal
formations, that subsequentiv require hi�h rate extended flowback to expel fracture fluids and
solids durin completions.
Hydraulic Refracturing. Conductin� a subsequent hydraulic fracturing operation at a well that
has previousl u�r o� ne a hydraulic fracturing operation.
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Lift Compressor. A mechanized device that �ses t�,�r�-;�z—^�a compresses �
�� ::�.�������L �'����' ��-�°' �� �r�'°��rior to its introduction into a well for use �e in lifti�� well
liquids to the surface. � �m *'�° .,�°�� —
Lightnin� Protection System. An inte�rated svstem *�re�z�ne��,,�—sent� '��
i;,.,,.� ,� + •i. a *• a i.� ,;,a; ,,. � .i, � +�, a• �, �
r v' F 1� �� �vx
exe�gned to ground metal equi�ment on a rig well pad ar at a tank batterv location for
protection a�ainst electrical shock, fire or e�losion due to li ng tning,
Line Compressor. An electrical or �s�owered-pumpin� device that �ses increases the
pressure of u:,�.��;�r°�°�'^'° �'••�a ��-^°' natural �as so that its pressure exceeds that of the inherent
line pressure of the �pipe to which it is bein� introduced. ��� v�a°r ��*'�° T�� *� �° *r������*�a
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Liner. In pit construction, a liner is an impervious �^ �^^*����^�•° '^��°r ^�' materials, either
synthetic or natural, that is used to line the interior of a ip t to prevent pit fluids from leaking or
leachin� into the environment. In well construction a liner is a tubular sheath emploved
downhole for a varietv of purposes such as isolatin�a particular zone repairin� casin leaks
au m� entin� the integ,rity of the hole size, among others. �e�°�*��-t�, °�a°� �� � rT��
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Low pressure �as well. A well with reservoir pressure and vertical well depth such that 0 445
times the reservoir pressure (in psia) minus 0.038 times the vertical well depth (in feet) minus
67.578 psia is less than the flow line pressure at the sales meter.
New Well. A� well bore- drilled from surface or new �e�e lateral wellbore drilled from an
existing vertical pilot hole at a depth different from other Iaterals in the same well• or a section of
an existin� well that is purposefully deviated or "kicked-off' around an abandoned lower section
of the initial hole. Not to be confused with recompletion. °���'�':�'.:�a �< <?:� b.�w ;a �•�r� �° a
u.� a.aa 1 uv�. uixcc
Nighttime. The period commencing at 7:00 p.m. and ending at 7:00 a.m., Monday through
Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays.
Nipple Up. The process of assembling well-control or pressure-control equipment on the
wellhead.
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Oil and Gas Inspector or Inspector. An inspector designated by the City of Denton that is
responsible for evaluating the impacts of exploration, development, and production of oil and/or
gas wells. Responsibilities include environmentally sensitive areas review, erosion control
inspection, monitoring, and evaluating compliance with federal, state, and local regulations.
Also responsible for processing and a�provin� Gas Well Development Plat Gas Well
Development Site Plan and Gas Well Permit applications.
. _
Operator. The person� �� e*�e�r�e��e�'—Y -e�- ro D"� ��
t�e--�e�e� *z���s—ap�ec�� r�•����Et�� in charge and in control of drilling,
maintaining, operating, pumping, or controlling any well or pipeline including without
limitation, a unit operator.
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Petroleum Specialist. A person familiar with and educated in the oil and gas industry who has
been retained by the City.
Pit. A temporary or permanent containment for circulated fluids. A pit shall include:
Completion/Workover pit: Pit used for stora�e or disposal of spent completion fluids
workover fluids and drilling fluid, silt, debris, water, brine, oil scum paraffin or other
materials which have been cleaned out of the wellbore of a well bein completed or
worked over.
Drillin� fluid disposal pit: Pit, other than a reserve pit, used for disposal of spent drillin�
fluid.
Fresh makeup water pit: Pit used in conjunction with drilling rig for storage of water
used to make up drillin fluid.
Mud circulation pit: Pit used in conjunction with drillin� rig for storage of drillin�d
currently bein� used in drillin�perations.
Reserve pit: Pit used in conjunction with drillin�� for collecting spent drilling fluids•
cuttin�s, sands, and silts; and wash water used for cleanin d�r'�ll �ipe and other equipment
at the well site. Reserve pits are sometimes referred to as slushpits or mud pits.
Saltwater disposal pit: Pit used for disposal of produced saltwater.
Washout pit: Pit located at a truck yard, tank yard, or disposal facility for storage or
disposal of oil and �as waste residue washed out of trucks, mobile tanks, or skid-mounted
tanks.
Water Condensate pit: Pit used in conjunction with a a�s pipeline drip or as compressor
station for stora e� or disposal of fresh water condensed from natural �
Plu��ing and Abandonment. " ""Plug��" as defined bv the RRC�.�
��3 and includes the nlus�in� of the well, abandoned, orphaned or otherwise, and
restoration of the �Drillin� and Production sSite as reauired bv this Subchantero
Protected Use. Any r°���� dwellin�, church, public park, public library, hospital, r�e-
kindergarten, kinder a�or elementarv, middle or high school.-, public pool, public transit
center, senior center. public recreation center, hotel or motel.
Railroad Commission (RRC). The Railroad Commission of Texas.
Reduced emissions completion. A well completion followin� fracturing or refracturin� where
gas flowback that is otherwise vented is captured, cleaned, and routed to the flow line or
collection system, re-inj ected into the well or another well, used as an on-site fuel source, or used
for other useful purpose that a purchased fuel or raw material would serve, with no direct release
to the atmosphere.
Re-working. Re-completion or re-entry of an existing well, whether producin� or non-
producing, 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.
Site-specifc authorization means the prior approval by ordinance of City Council, of one or
more specifically located and defined gas well site locations, subject to further site design,
development, regulatory and permitting requirements, as set forth in this Code or as specified
within the site approval ordinance (or both), as applicable.
Spud. The first time the drill bit enters the ground for gas well drilling and production.
Tank. A natural or man-made container, covered or uncovered, in which to � store, contain
or mix liquids or hydrocarbons used or produced in conjunction with the drilling, stimulation or
production operations of an oil or gas well. �� b� �- *�°r ���ar���r��rc � r�^,��^�- � �*� °
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1Ytt1'tt'`�-.
Technical advisor. Such person(s) familiar with and educated in the oil and gas industry or the
law as it relates to oil and gas matters who may be retained from time to time by the City of
Denton.
Well. A hole ar bore drilled to any horizon, formation, or strata for the purpose of producing
natural gas, or e#�e� liquid hydrocarbons.
Well completion. The process that allows for the flowback of petroleum or natural �as from
newlv drilled wells to expel drilling and reservoir fluids and tests the reservoir flow
characteristics, which mav vent produced hydrocarbons to the atmosphere via an open pit or
tank.
Well completion operation. Anv well completion with fracturin� or refracturin� occurring at a
gas well affected facilitx
Wildcat well. A well outside known fields or the first well drilled in an oil or gas field where no
other oil and gas production exists.
Workover Operation. Work performed on a well after its initial completion �°�� to
secure production where there has been none, to restore production that has ceased, or to enhance
or �e increase production within the zone ori i�.�pleted.
35.22.3. - Zoning District Classifications for Gas Well Drilling and Production.
A. The drilling and production of gas within the corporate limits of the City shall be
permitted by right within the Rural Residential (RD-5) or within any unzoned area of the
City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC),
Neighborhood Residential 1(NR-1), Neighborhood Residential 2(NR-2), Regional
Center Commercial Neighborhood (RCGN), Regional Center Commercial Downtown
(RCC-D), Employment Center Commercial (EGC), Employment Center Industrial (EC-
I), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning
S
Districts, except as provided in subsection B, and subject to compliance with the
requirements of this sSubchapter.
B. The drilling and production of gas within the corporate limits of the City in all other
zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter
35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or
site-specific authorization in Master Planned Community (MPC) district.
Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also
shall be required for gas well drilling and production on any land located within the 100-
year flood_� frin�e or within one thousand, two hundred (1,200) feet of the flood pool
elevation of Lake Ray Roberts or Lake Lewisville.
1. An application for a Specific Use �Permit, or site-specific authorization in a planned
development district (PD) or master planned community district (MPC); for the
drilling and production of a gas well shall be filed by the person having legal
authority to do so. That person is presumed to be the record owner, mineral owner, or
the duly authorized agent of either the record owner ar the mineral owner. The
r�,...,.,�. �+�, r�o o�„ „� �o o r�„ ,,,:++o �r,ur-�1 Director of Plannin� and
1..�11U11111CL11 Vl Lilv
Development may require an applicant to submit information of authority to file an
application.
2. The Chairtnan of the DRC has the authority to establish requirements for applications
in the Application Criteria Manual. No application shall be accepted for filing until it
is complete and the fee established by the City Council of the City of Denton has
been paid. Incomplete applications shall be returned less a fee for processing
determined by the Director of Planning and Development.
3. Approval of a SUPpee-�f� T����, e�a detailed plarm in a PD District or site-
specific authorization in a��„�°�' �'°�r°'^�m°r* a:�*r;�* �DT�' �*°r ���r�°a
•�„�*�r �'��*r�^* �MPC� district, shall be conditioned on compliance with the
requirements of this sSubchapter.
35.22.4. - Required Authorization for Gas Well Drilling and Production in City Limits.
A. No gas well drilling or production activities may commence within the City limits until
the following authorizations have been obtained, in the following sequence:
1. Approval of a Specific Use Permit, where required by Section 35.223.B.-, approval of
a Detailed Plan in a�'�„r°�' T'°•r°'�„�°�* �PD� district, or site-specific authorization
in a "�^�+°r �'^„r°� r^mm„��+�> �MPC� district
2. Approval of a Watershed Protection Permit, where location of any gas well drilling or
production activities, is proposed on land in the flood fringe or in an Environmentallv
Sensitive Area� (ESA�, subject to the application requirements and standards of
Section 35.22.S.A.8;
0
3. Approval of a Gas Well Development Site Plan, subject to the application
requirements and standards of Section 35.22.6; and
4. Approval of a Gas Well Permit, subject to the application requirements and standards
of Section 35.22.7.
B. An application for any authorization for gas well drilling and production listed in
Subsection A may be submitted simultaneously with any other listed application, but the
applications must be �ee�ap�roved in the numerical order listed. No subsequent
application shall be determined to be complete and hereby is deemed to be incomplete
until all required prior applications have been approved, and no completeness
determination shall be made until such prior applications have been �ee�e��proved.
C. Approved applications for gas well drilling and production shall expire under the
following circumstances:
1. A Specific Use Permit, or site-specific authorization in a r'��„°a �'°zJ°��rm°�* pD
district (�B�or ��*°r �°p��r°� ��mm„„;*¢. �;n*r;�* ¢MPC� district, expires according
to its terms;
2. A Watershed Protection Permit expires with the expiration of a Gas Well
Development Site Plan.
3. A Gas Well Development Site Plan expires unless a complete application for a gUas
�Well �Fermit has been filed within one (1) years of the date of approval of the site
plan.
4. A Gas Well Permit expires if gas well drilling activities have not commenced within
six (6) months of the date of approval of the Gas Well Permit.
5. The expiration of any subsequent application results in the expiration of all prior
approved applications far the sarrie activitv.
D. Approved applications for gas well drilling and production may not be extended priar to
expiration. Following expiration of an approved application for gas well drilling and
production, a new application must be submitted, which shall be subject to all DDC
standards and procedures then in effect.
- :�ses- -
■■ ._
�E. The authorizations required by this Subchapter are in addition to, and not in lieu of, any
permits that may be required by any other provision of the Denton City sCode or by any
other government agency.
10
�F.Legal Non-Conformity��; Exce tip ons•
i. The provisions of Subchapter 11 are applicable to gas well drillin�production
activities. For bumoses of Subchapter 11 the drilling of a new �as well and
associated production activities do not constitute an existing use. Ever�perator of a
Drillin� and Production Site that has been annexed into the Citv shall register the
Drillin� and Production Site within 30 davs of the effective date of the annexation
2_ Unless the Citv determines that an exemption provided under Texas
Local Government Code, Section 245.004 or successor statute applies to an
amendment to the standards and procedures in DDCe�e�le�ze��e�*��
Subchapters �� 35.16, 35.22 and 35.231 or that Texas Local Government Code.
Chapter 245 otherwise is inapplicable to permits for gas well drillin� production
such standards or procedures, except to the extent necessar�give effect to this
subsection F, do not apply to the authorizations :f,t,�:��*;�„� � r��:*� � r� ��„
identified in subsection 35.22.4.A-, if, on the effective date of
such amendatory ordinance, the following circumstances existed:
a. For a specific use permits, an application €e�a-sY�^��^ ���° „°�;* �cT rD� �s was
pending on the effective date of the amendatory ordinance; or
For a detailed plans �for a D'�„�°a T'°��°'��m°r* �PD� district, � ��*° �����
���*? ^ °�;" ° �`'�n°'°-' D, �-� a'��� ��"'�D�''�n�created on ar after
ivii�u iViiJ 1�� l.L KJIVl 1 1{.L1l.Ll�«� iTi'
April 27, 2005 ., „�.,,, Y+, i�i„ � ao ai„ o„� oa •+i. +�, a•
�lA \.V11VV ll�l({i
1
nf th� .,,.+:.,;+:o.. �., L.o .ao,.el,,,.o.l .,,, 1�„�7 ,lo�:,"..,+o.a � .. � �-, 71 ,7 '11'
.,� ..�.. �..r�...�....� « . .... ........vYvu
�e�a� an application for the detailed plan was pending on the effective date
of the amendatorv ordinance; or
c. For a detailed plan for a PD district created on or after April 27 2005 but before
the effective date of the amendatorv ordinance, an application for the detailed
plan submitted after the effective date of the amendatorv ordinance was pursuant
to a conceptual plan for development approved with the ardinance establishing
the PD district that identifies the location and the nature and extent of the
activities to be developed on land designated for future gas well drilling or
production; or
d. For a Gas Well Development Site Plan or Gas Well Development Plat (including
any associated Watershed Protection Permits), an application was pendin on the
effective date of the amendatorv ordinance; or
_ ._ . �
. . .
. ,� -
„�
11
��
e_ For a Gas Well Development Site Plan or Gas Well Development Plat (including
anv associated Watershed Protection Permits), an application was submitted after
the effective date of the amendatorv ordinance for a Drilling and Production Site
that was the subject of: 1) a specific use permit approved or pendin� on the
effective date of the amendatorv ordinance; or (2) a detailed plan for a PD district
created on or after Apri127, 2005, but before the effective date of the amendatorv
ordinance, that identifies the location and the nature and extent of the activities to
be developed on land desi�nated for future gas well drilling or production• or (3)
an MPC district created on or after Apri127, 2005, but before the effective date of
the amendatorv ordinance, that identifies the location and the nature and extent of
the activities to be develoued on land desi�nated for future �as well drilling or
production.
f. For a Gas Well Permit, an application was pendin� on the effective date of the
amendatory ordinance; or
. �
-- . . ■
.
o�� ,.� : o,a;.,+oi., � ,. �,. � ,,,�, a„�o
g. For a Gas Well Permit, an application was submitted after the effective date of the
amendatory ordinance pursuant to a Gas Well Development Site Plan or Gas Well
Development Plat approved or pending on the effective date of the amendatorX
ordinance that identifies the Drillin� and Production Site to which the application
�plies.
3. Authorizations or applications excepted under this subsection 2 are subject to all gas
well drillin� and production standards in effect immediatel�prior to the effective date
of the amendatorv ordinance, and to anv standards or procedures effected by the
amendatorv ordinance which the City determines to be exempt from the application
of Texas Local Government Code Chapter 245.
4. To the extent that an�ption provided under this subsection 2 is dependent on an
application pendin� on the effective date of an amendatorv ordinance, such
application must have been ap�roved subsequentiv in order for the exception to
apply
�5. Any 9pe�� ep rson who has been denied an�e� exception under *�
Subsection 2 for one or more pending �e�ri� applications, or who otherwise claims
that he has obtained a vested right pursuant to Texas Local Government Code,
Chapter 245 or other applicable vesting law for such applications, may request a
determination pursuant to Section 35.3.8 of the DDC.
12
.
.eeesr��!�s�:e�srs� - .
�.. .,�..�.. _ - �• '..�� =:.: _ - -
,.,-
• j:. _ �i ����.is�ir� � �a�': .
�i�e��:��z� " • � �
35.22.5. - Standards for Gas Well Drilling and Production.
A. The drilling and production of gas wells within the City limits shall be subject to the
following standards.
1. Separation standards. The following requirements apply only within City limits.
a. No ga�-�e� �Drilling e� and �Production ,a�ea Site may be located within e�e
�1� twelve hundred (1,2008) feet of any Protected Use, or freshwater well
currently in use at the time a complete application for a �u° �"°" '-'°��°'�-����*
gl�a�-e� Gas Well Development Site Plan is filed, or within twelve
hundred (1,2009) feet of any lot within a previously platted residential subdivision
where one (1) or more lots have one (1) or more habitable structures.
b. Except where more stringent separation distances are specified, the minimum
separation distance between a g�a�-�Drilling and e�Production �ea Site and all
other habitable structures other than those listed in 35.22.S.A.I.a, shall be five
hundred (500) feet.
The minimum separation requirement established in 35.22.S.A.l.a.- above may be
reduced via the granting of a variance by the Zoning Board of Adjustment. Except
that the Zoning Board of Adjustment shall not reduce the minimum separation
distance any less than five hundred (500) feet.
. ,
.
.. .
. _
de. Notwithstanding any other provision of this subsection, a Protected Use or lot
within a previously platted residential subdivision where one (1) or more lots have
one (1) or more habitable structures may be located as close as two hundred fifty
(250) feet of a pre-existing �Drilling and P�roduction a�Site, provided that the
lots or Protected Use is not served by a freshwater well that is located within e�e
�� twelve hundred (1,2008) feet of the drilling and production area.
13
e€. Separation distances shall be measured from the boundary of the �Drilling and
�Production �s Sites identified on the �u, «'�:n ��• �y�rm��* p��* ��Gas Well
Development Site Plan, in a straight line, without regard to intervening structures
ar objects, to the closest exterior point of any structure occupied by a Protected
Use, or freshwater well currently in use at the time a complete application for a
gas well development site plan is filed, or the closest lot line of any undeveloped
lot within a previously platted residential subdivision where one (1) or more lots
have one (1) or more structures.
f. The separation standards of this section apply to a site containin a com rp essor
station.
2. On-site requirements. The followin� requirements applv onlv within City limits.
a. An�ee�e� entrance gate shall be required. Street lighting shall be required
pursuant to Section 26-76 of the Utility Code of the Code of the City of Denton,
Texas or the sign identifying the entrance to the drill site or operation site shall be
reflective.
b. Fencin�es, buffering, landscapin� and screening shall � be required on �
Drilling and Production sSites_ a•�r;„R �;*;�, �i�ee�'�t}e���
9�23�iA�38 � i„ ��,, o.,,., �.,,. r�n� �,,. �;+o ,:aoa n
.� .,::� u.� �r.'..i.�y ia,�.a ��, ,
.,.:4;�1 �..,0.,4�, F„« !7A\ L...,,,- � ., L,�c n o,7
uuux cvra. ° u
�
� IRnIRi1�7�8�1�rY�+'1TenG'�Cfl+'"+i�i�i'Ji ��I< �''�T1G'iii�
i�T�4.�„4ti.�,4.,.-.�.r�rr +l.o � rort�.r... n��
All reauired fencing, landscapin�, bufferin� and screening must be installed in
accordance with the approved ' Landscape Plan a�� c�� within one-
hundred and eighty (180) days after initial drillin� of the first approved well.
Landscapin� and screening shall also be required for sites for Compressor
Stations. Landscapin� and screenin� shall com�ly with the same reQUirements for
Drilling and Production Sites as set forth in this Subchapter and in the DDC.
Should the Operator decide to fence in at�� and transmission lines or
compressor stations, or both, Operator shall install the fencin� in accordance
Subchapter 13 of the DDC.
_ . .
c�. No refining process, or any process for the extraction of products from gas, shall
be carried on at a�Drilli� and Production sSite e�-e}�°-����, except that a
dehydrator and separator may be maintained on a�Drillin� and Production �.�
e�er�e� �Site for the separation of liquids from gas. Any such dehydrator or
separator may serve more than one well. Gas Processing Facilities shall require a
Specific Use Permit.
14
ed. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED"1
in both English and S ap nish, in a minimum of four-inch lettering shall be posted
at the entrance of each uv�" ��*° ��� �r°r�*�^�nrilling and Production sSite. The
sign shall include the development or operating company that is currently
responsible for the gas well plat or site plan, the RRC � Well
Identification Number and the American Petroleum Institute number for the well,
the phone number for emergency services (911), the number for the operator, and
any other well designation required by the RRC ' in two-inch
lettering.
€e. No person shall place, deposit, or discharge (or cause or �� allow to be
placed, deposited, or discharged) any oil, naphtha, petroleum, diesel, �asoline,
asphalt, tar, hydrocarbon substance, ar any refuse, including wastewater or brine,
from any gas operation or the contents of any container used in connection with
any gas operation in, into, or upon any public right-of-way, storm drain, ditch or
sewer, sanitary drain or sewer, any body of water, or any private property within
the corporate limits ^r +��of the City of Denton.
nu „a,,,.,-;,-. ,,. „ o,.,,�;,,,, ;� �..,ii we + a .,,a + ,a +
g_. Yi........rw.�.. °i.�.l'..'.iYii:v..� vaa uii v�viuuvu .iaw .`�.T
^l�i i�i}3@S� 1�i6�l��ii2��S�6�fk� •,,�•1�� 1.,,;ta;,, «.a �c'"'ruc�res—a�ll
� ��
installed, mounted, andJor permanent equipment on Drillin� and Production Sites
shall be coated, painted, and maintained at all times, including the wellhead, gas
processin� units, pumpin� units, stora�e tanks, above-ground pipeline
a�purtenances, buildin�s, and structures, in accordance with applicable �uidelines
adopted bv The Society for Protective Coatings (SSPC). In addition, the
followin� standards are applicable:
i. Protective coatings and paints shall comply with an��plicable State or Citv
reauirements. In absence of any such reauirement, protective
coatin�s and paints shall be of a neutral color that is comnatible with the
surrounding environment.
ii. All exposed surfaces of the identified equipment must be coated and painted,
and free from rust, blisters, stains, or other defects.
�g. All electric lines to production facilities shall be located in a manner compatible
to those already installed in the surrounding areas or subdivision.
�h. All fire suppression and prevention equipment required by any applicable federal,
state, or local law shall be provided by the eOperator, at the eOperator's cost, and
maintenance and upkeep of such equipment shall be the responsibility of the
eOperator.
�i. No eOperator shall excavate or construct any lines for the conveyance of fuel,
water, or minerals on, under, or through the streets or alleys or other land of the
City without an easement or right-of-way license from the City, at a price to be
�
agreed upon, and then only in strict compliance with this Subchapter, with other
ordinances of the City, and with the specifications established by the Engineering
Department.
�i. The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth ar other
materials is prohibited. Construction activities or deposition of any materials or
objects creating an obstruction within limits of public right-of-way or easements
are prohibited unless the eOperator has first obtained written approval from the
Engineering Department and, if applicable, has filed a right-of-way use
agreement, and then only if in compliance with specifications established by the
Department.
k�. No Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or streets or alleys shown by The Denton Plan,
1999-2020 and no street shall be blocked or encumbered or closed due to any
exploration, drilling, or production activities unless prior consent is obtained by
the City Manager, and then only temporarily.
1�. All pits shall be lined and D;*':�°r� �'��,� �° shall be designed, constructed, and
installed �e�ea����-�g�e�e�e�������t�—���ex�
�„�,�,,,-� ,.o ��;�� .,,-1 . ,..�,.,. ,..� ,.o . ,,,+o,.� .,+ ., . �:,...,, ,a,,,-:�,� a..,. i:r,. ,.c+�.,-.
v, �"v ui.0 :. uc , ••
,,;� n �� �;,,oa �;+� ��,,,�� .,a�,o,.o +„ in accordance with the liner standards set forth
by the RRC ' Anv new Drillin� and Production Sites
proposed after �����z �� Januarv 15 2013 � shall utilize a closed-loo�
mud s sy tem.
m�. > >
1°�^--�a-vt�P-�9�� �nn � �eer6�e�PC���1 r � i � •+�.�
nrr.t��:,,,,�1.. ,,,1.,++0.7 r �:.ao„+;�1 �„1..7;..;�;,,... ,.,L, !11 .. 0 1..+� L..,.,e ,. e!11
t.�.....,....,.) t...,.............,.......�.�.a. .�..avu..av.vaa .vuvav
e�e�e���o ��,,,.�,,,. a a �cnm � + � it +�.
�rrRCCar@��£-����it�ar°acc�� o vTrccr-vr-un�cna,-r
. . �
#lnndnl�in �t,,,lt t,e � vo oa ,,;+7„ ., 0 1..+ �„+ i,' t, t,' i., a +'
Y ) v��ar
�,,,.�, . ,�11� ;�+l,o D«6�2E�CtrL7tl..��Yit 'Fhiim=°c�ci-ucc,•.°"mcT-vrFrcrcc°�T+i-prcczfr.rcca
}l,o ., ,.,1 ,��+l,e �«.,+ ., ,�1;.,�t.lo ,. ..+ ;.. +l. F *1, +'
.�... ..."r�iv . asi vi uiv i...�., uYl..iivaavav i V�4A11 V111V31
°�+��'��'�°a •�„a°r �� '''' ^. All� Drillin� and Production Sites shall be screened
with an opaque decorative masonry fence that shall be no less than ei�ht (81 feet
in hei�
_ i. In lieu of this requirement, an alternative fence that is compatible with the axea
surrounding the Drillin� and/or Production Site mav be approved bv the
Director of Planning and Development.
.
_,
- �,::�..::� _�:. ' -
16
�.:_,:.� ,.::.,:,'_,:.,,:_.:�.,
i:. .:.. � �
.
— � :eie0a� � :.�:�.i.s�0�.�:.��
�..�ii.v.� � -���
ii. Reauired fencing must be located within three hundred (300) feet of all
equipment necessitatin� fencin� requirements under this
Subchapter.
ne. Vapor Recoverv Units.
1. Vapor recover�quipment is required for facilities not included under
Rule§106.352 of TAC Title 30 Part 1 Chapter 106 Subchapter O• or its
successor regulation.
�:. � ��;..,.:. �,�:.�:,:.�....�:�.,:.:�::..,.:.,.�.:.�:�.:�.,..�:�.�.,._
� �j9�Z�l�l�� ' 9\�I�\9'
�\�1��I��il� ��L�
2. An Operator shall notify the Oil and Gas Inspector within two (2) days after
the first sale of gas from a well "� nr �*� °���� �*;�, *� �' a��, „
„VLllI lI
....�N'PGTB�;�`�F� itt'i�� .�S-4�� � 4 � � g.^r�II'�Si1Zf'CPriii.
_.
� �a1: L:i7 • � ` _ � � �
��w�.���� � �
� - e:asv� � -
J� � � �
- �� . - .��avy.�.....:.in.��:m�. •�.na�:ii��i�A �.�yi.���i
• ��. ir=�����:i��a:a.��:. � ��:i �:•
'■:��:• i��.�t.:=
�o. Anv �lift compressors which is �e installed within an approved Drillin�d
Production Site, -a� shall be located at least twent -f��24) feet from the outer
boundary of the site.
p. Coinmencin� on the January 15 2013 except as provided in sub-paragraph (v) of
this section, for each well combletion operation with hvdraulic fracturin�
i. For the duration of flowback, recovered liquids shall be routed into one or
more stora�e vessels or re-injected into the Well or another Well and the
recovered gas shall be routed into a gas flow line or collection svstem re-
iniected into the Well or another Well, used as an on-site fuel source or used
for another useful purpose that a purchased fuel or raw material would serve
with no direct release to the atmosphere. If this is infeasible the reQuirements
in sub-paragraph (iii) of this paragraph shall be followed.
17
ii. All salable qualit�gas shall be routed to the �as flow line as soon as
practicable. In cases where flowback emissions cannot be directed to the flow
line, the requirements in sub-para�raph (iii) of this section shall be followed.
iii. Flowback emissions shall be cautured and directed to a completion
combustion device, except in conditions that may result in a fire hazard or
e�losion, or where high heat emissions from a completion combustion device
mav ne ativel�pact waterways. Completion combustion devices must be
equipped with a reliable continuous i�nition source over the duration of
flowback.
iv. Releases to the atmosphere during flowback and subsequent recovery shall be
minimized.
v. The requirements of sub-para�raphs (i) and (ii) shall not ap�ly to:
1. Each well completion operation with hydraulic fracturin a�t a gas well
meetin� the criteria for wildcat or delineation well.
2. Each well completion operation with hydraulic fracturing at a gas well
meetin� the criteria for non-wildcat low pressure �as well or non-
delineation low pressure �as well.
q. Soil samplin�: Pre- and post-drilling; periodic soil sampling. Soil samplin shall
be required for all new Drillin� and Production Sites. Soil sampling shall be
subject to the followin� requirements:
i. Upon a�plication for an Oil and Gas Well Permit, soil sampling shall be
conducted prior to the commencement of any drilling at the proposed Drilling
and Production Site to establish a baseline studv of site conditions. A
minimum of one soil sample shall be taken at the location of an�proposed
equipment to be utilized at the Drillin� and Production Site to document
existin� conditions at the Drilling and Production Site.
ii. A licensed third party consultant shall be utilized to collect and analyze all
pre-drillin�post-drilling soil analvses. The cost of such consultant shall
be borne bv the O erator.
iii. Soil samples must be collected and analyzed utilizin��proper sampling and
laboratory protocol from a United States Environmental Protection A�y or
Texas Commission on Environmental Qualitv approved laboratory. The
results of the analyses will be addressed to the City and a co�v of the report
shall be provided to the Operator and surface estate owner. The analvses will
include the followin�nalyses at a minimum: TPH. VOCs, SVOCs Chloride
Barium, Chromium and Ethylene Glycol.
18
iv. Post-drillin� soil samples shall be collected and analvzed after the conclusion
of drilling of each well. SubseQUent to the drillin� of each well periodic soil
samples shall be taken as determined by the Oil and Gas Inspector during
inspection events to document soil qualitv data at the Drilling and Production
Site. Samples shall include, but not be limited to areas where removed
eQUipment was located. Results of the analvses shall be provided as described
in Subsection A.2.a.iii.
v. Whenever abandonment occurs pursuant to the requirements of the RRC and
as referenced in 35.22.S.A.6.k the Operator so abandoning shall conduct post
production soil sampling within three (3) davs after equipment has been
removed from the Drillin� and Production Site to document that the fmal
conditions are within re ug latorv reauirements. Results of the analyses shall be
provided as described in Subsection A.2.q.iii.
vi. If anv soil sample results reveal contamination levels that exceed the
minimum state or federal re ulatorv levels, the Citv shall submit the soil
sample results to the appropriate state or federal re ulatorv a�y for
enforcement.
r. Any rubbish or debris that might constitute a fire hazard shall be removed to a
distance of at least 150 feet from the vicinitv of any well tank orpump station.
s. An Operator shall not maintain or use anv pit for stora�e of oil or oil products or
oil field fluids, or for storage or disposal of oil and gas wastes.
Operations and equipment practices and standards. The following requirements
apply only within Ci limits.
a. Adequate nuisance prevention measures shall be taken to prevent or control
offensive odor, fumes, dust, noise and vibration.
b. Directional lighting shall be provided for the safety of gas well drillingi
completion and production operations and shall be � installed and
operated in a fashion desi�ned to disturb �� �� �v A�v� ua�*��r'� ^�a.�°r°°'zJ ^�� �*
adjacent developments in the least possible manner.
c. The eOperator shall at all times comply with the at�t�lica�le rules and regulations
of the RRC ' including but not limited to all applicable Field
Rules.
d. ���o,.,,.,i ��m�.,,�.;,,,, o„ ;,,o� .,.;+�, ,,., ��o , i.o o,a ,a,.;ii; v*• To
ai�v111Ki VlAJ�1V11 V11�111VJ YY1411 111{.{liI _
address noise concerns, 9only electric motors shall be used for the purpose of
drillin�, transferring or blending chemicals, compressin��as liftin�or pumping
g�s wells.- _
�e—The Oil and Gas Inspectar ma��prove the use of an alternative motor �
19
��'*e�a�T�� that broduces lower noise levels than an electric motor
�,,, t +�, i � �t, „a„ oa �. i � +
ua vi �.yu
+�, n� i., a � � r +,. �
°c�ir-ccinz�-irs�ir:�-J cccrn .
e. There shall be no venting or flarin� of gases ��*� *'�° �r°r ��r in residential areas
except as allowed by the RRC or TCEO �
. If ventin� or flaring is allowed�
by the RRC or TCEO, the activities shall not be located closer than e�e
�twelve hundred (1,2008) feet from an��Protected �Use unless• (1) a
setback variance has been �ranted pursuant to 35 22 5• or (2) if practical and if
apnroved by the City Fire Marshal, �round flaring that is wholly enclosed or
screened with a masonry wall. '�' '.: �:: *' '+' � �� �- � a +
v {.I.Vl1v1�1�J
£ Vehicles, equipment, and machinery shall not be placed ar located on a ar;'�
e�-e�°����—� Drillin� and Production Site (or on any public street, alley,
driveway, or other public right-of-way) in such a way as to constitute a fire hazard
or to unreasonably obstruct or interfere with fighting ar controlling fires.
g. Only Light Sand Fracture Technology ar fracture stimulations a�proved b��
�C t$E�i91tJ'�P-S�A�cz2��y—c�,� n;l ,�,7 l:.,� i $E�Ai'Trrc�Tv-�i-m�ii=si�l'3
uvvv=uu==�° �•r;+'� +'�° �';�° �'^�'° r;+�� shall be used to fracture stimulate a well.
h. Fracing operation shall be scheduled to occur during daylight hours unless the
Operator has notified the �'��° "��r�'�°' Oil and Gas Inspector that fracing will
occur before or after daylight hours to meet safety requirements.
i. ', ,• Pneumatic drilling shall not be permitted.
j. Any, �notices required herein shall be made pursuant to Subsection 35.22.12
k. Except in the case of an emergency, gas well flaring shall only be conducted
during day-time hours.
i r=„� . ,o�, � .,,,+,,,.;,,,. ,,.. ..i., �.e ,. „a,,,,+o,a ,a,,,-;,,,, a„<. .; �,
�. .,�� .. ,
. �
1 J�� [!f'��t�4�1��I� � �
� ���i
, 4����/��I�1 �1�'�-l�\9l �l��AS�
� ��i��1�����swr ' • :��1�19����� -
4. Storage tanks and separators. The following requirements applv onlv within Citv
limits.
a. An eOperator is allowed to construct, use, and operate such storage equipment
and separation equipment as shown on the approved �'^^ "�'°" T'°<.oi,,.,,,,o„� c;+o
20
�RY-dY Gas Well Development Site Plan, except that permanent storage
equipment and separation equipment may not exceed eight (8) feet in height.
b. The use of centralized tank batteries is permitted as shown on the applicable �as
�'�'°"'-'°•,°'^„�°„+ D,�* ^r Gas Well Development Site Plan.
c. No Drillin and Production Site is allowed in the FEMA
designated one hundred (100) year floodway_ e�A Drilling and Production Site is
allowed within one thousand two hundred (1,200) feet of the flood pool elevation
of Lake Ray Roberts or Lake Lewisville with an approved Specific Use Permit..-
d. No storage tanks or separation facilities shall be placed in the Flood Fringe or
other ESA except in accordance with Subsection 35.22.S,�A,�8.
5. Flow lines and gathering lines.
a. Each eOperator shall place �� �a°~+�� ���� pipeline marker sign at each point
where a flow line or gathering line crosses a public street or road.
b. Each eOperator shall place a warning sign for lines carrying H2S (Hydrogen
Sulfide) gas as required by the Railroad Commission.
c. All flow lines and gathering lines within the corporate limits of the City
(excluding City utility lines and franchise distribution systems) that are used to
transport oil, gas, and/or water shall be limited to the maximum allowable
operating pressure applicable to the pipes installed and shall be installed with at
least the minimum cover or backfill specified by the American National Safety
Institute Code, as amended.
i.
e:.���ea.as:e�a�n�iC�.���a�vs:iv:...�.:0� - - �.w
6. Additional safety and environmental requirements. The nrovisions of
��z,� this section shall anplv � within th� cornorate limits of the Citv of
Denton .,,,,a . ,;��,;,, ,�,o �T� ,.++,,o r;�., ��r,ori+�„
a. The drilling and production of gas and accessing the g�s-�e�� Drillin�and
Production sSite shall be in compliance with all state and federal environmental
regulations. No gas well development or activity is allowed in the FEMA
designated one hundred (100) year floodway. Drilling within Flood Fringe or
other ESA shown on the Map adopted by the City is allowed under the restrictions
set forth in Section 35.22.S,�A.�8.
b. Erosion and sediment control practices shall be conducted for all gas wells. The
Operator shall comply with the Erosion and Sediment Control Plan as �proved
by the Cit�r,,,..,Y„�. �.a,.,,., ��. . + i �+ �» �„+ �.:.��, r,� �., i�� � o�
�Vlll VJ� VV1111J Lll{A1. {.L1V Cil 1V�
��4��e�@�t'-�2�-2�6st9�3-$6i�t2tiY-l'#e'6�2C$S�ii"llicri-�sc'aii°cc �v +ci �c*i--F��ii ��vrc'rvii=J
21
�. ■
c. As an exception to 35.22.S.A.6.a. or a Specific Use Permit reauired by 35 22 3 B
Cgas wells may have a target location or bottom-hole location that is under the
floodway, an ESA „��.�i�;,�u���r+°��•r � �;*;-,� ��� «c ^� or within one thousand
two hundred (1,200) feet of the flood pool elevation of lake Ray Roberts or Lake
Lewisville when the gas well is drilled directionally from a location outside such
areas.
d. Each well shall be equipped with an automated valve that closes the well in the
event of an abnormal change in operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line.
e. Each storage tank shall be equipped with a level control device that will
automatically activate a valve to close the well in the event of excess liquid
accumulation in the tank.
f. All storage tanks shall be anchored for stability.
g. All storage tanks shall be equipped with either steel or concrete secondary
containment systems including lining with an impervious material. The secondary
containment system shall be of a sufficient height to contain one and one-half
(1'/2) times the contents of the largest tank in accordance with the Fire Code. Drip
pots shall be provided at pump out connections to contain the liquids from the
storage tank.
h. Out�sideee� storage areas shall be equipped with a secondary containment system
designed to contain a spill from the largest individual vessel. If the area is open to
rainfall, secondary containment shall be designed to include the volume of a
twenty-four (24)-hour rainfall as determined by a twenty-five (25)-year storm and
provisions shall be made to drain accumulations of ground water and rainfall.
i. T°�'� '��**°r�� ���'�*�°�Drilling and Production Sites shall be equipped with a
°-„�'° F�-„ ';�° �„a � lightning ,a�es�e� protection system:, in accordance with
the Citv's Fire Code and the National Fire Association's NFPA-780. In addition
tank batterv facilities shall be equipped with a remote foam line and a li h�tning
arrestor svstem.
A Hazardous Materials Management Plan shall be on file with the Fire Marshal.
Any updates or changes to this plan shall be provided to the Fire Marshal within
three (3) working days of the change. All chemicals and/or hazardous materials
shall be stored in such a manner as to prevent, contain, and facilitate rapid
remediation and cleanup of any accidental spill, leak, or discharge of a hazardous
material. Operator shall have all material safety data sheets (MSDSs) for all
hazardous materials on site. All applicable federal and state regulatory
22
requirements for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are not limited to,
chemical and materials raised from the ground (e.g., wooden pallets), bulk
storage, installation and maintenance of secondary containment systems, and
protection from storm water and weather elements.
k. All wells shall be plugged and abandoned in accordance with the rules of the
RRC ' '; however, all well casings shall be cut and removed to a
depth of at least ten (10) feet below the surface unless the surface owner submits a
written agreement otherwise. Three (3) feet shall be the minimum depth. In
addition, the Operator shall:
i. Submit a copv of � its RRC Form W-3A (Notice of Intention to Plu�and
Abandon) and Form W-3 (Pluggin� Record) €e�rs to the Inspector within two
(2) business days of filin� with ��°r *'�°�° ��� � „�--�:**�a +� the RRC•
ii. �� Notifv the Oil and Gas Insnector �� of the intention to plug and
abandon a well at
least twenty-four (24) hour prior to commencin� activities• and
iii. Submit to the Oil and Gas Insnector the surface hole locations in an
acceptable Geographic Information System (GIS) format to accuratelv map
and track well locations. The GIS data mav be submitted with an initial Gas
Well Permit application or with the annual administrative report. Submission
of GIS location data is onlv required once.
iv. Submit a copy of a soil sampling analvsis as required bv Subsection
35.22.S.A.2.Q.
1. Onerators must close each Drillin� and Production Site in a manner that
minimizes the need far care after closure. To achieve this reauirement the site
shall be reclaimed to the condition identified on the Site Reclamation Plan. as
nearlv as nracticable. In the event develonment encroaches un to the nronertv
after drillin� and nroduction activities. a reasonable rehabilitation alternative mav
be annroved bv the Citv to ensure the reclaimed site is comnatible with the
surroundin� t�ronerties.
�,.T,. �+,.,,,,+,,.a� �i..,i� i..o i..,,;i+ „ o .,�,....a,.�oa ,,oii
m.-No gas well drill sites shall be allowed on slopes greater than ten (10) percent.
n. No °�'* ����*°r �'��„���'Class II injection wells shall be located within the City of
Denton.
e. T'...� �.�:� .���..� '� ����: �.° ° "".°a :�'+t, ° ,.,'* '*t,' * �, a a
::b ya vv iv�uiivu u�ui. i°v�v°1�`
r�nm � o+ ,.�., �.,,a., ��.,,,,+o,. oov .. �,,,,,a�i�:,,
,^ ,^ .
23
�o. No gas well permit will be issued for any well where the Drilling and Production
Site ��* r ^� *�° � �°�� °* *�° � �r� ^� �� *�� �- r� is located within
twelve hundred (1,2009) feet of an existing fresh water well ��*°ra°a �� a��°�*;�
�, unless a variance, or consent from nei hboring nropertv owners, has been
obtained per 35.22.S.A.1.
q�. �e n�„*_°„*_� �� �TM;� �Pits shall always be o erp ated ��� with a minimum of
at least two (2) feet �,°�°_�� *'^° *^r ��*'�° r�* of freeboard above the contents within
it.
��. For safety reasons, �fencing shall be installed to restrict access to a reserve pit or
other t e of open �i�t z1��+°r r°�°M�^�r utilized in gas well drilling operation at a
drill site within the corporate limits of the City,
���.��-2-�.
sr. Drip pans, catchment basins and other secondarv containment devices or oil
absorbing materials shall be placed or installed underneath all tanks, containers,
pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system
valves, connections, and any other areas or structures that could potential leak,
discharge, or otherwise spill hazardous or solid materials. ��� , m; ';^,,;�'�,
e�-se�-i-���s�e-�e�i �� °�--�nc-l���e��e�s '�-, „�
,.,.,o„t,.,�;,..,i ,.o .,i ,�, � +�,.,+ ; .,ao , «:t., „�',,.,,,,,.,,i .,,,,* i
.�................... .......�.....i Niv..v...�v.� �iiu� i.� maa..., uY j:,ii�i.u���y viz .
�s. After the well has been completed, or plugged and abandoned, the eOperator shall
clean and repair all damage to public property caused by such operations within
thirty (30) days.
a�t. After any spill, leak or dischar _�e ���is�, the eOperator shall remove or
cause to be removed all contamination and associated waste materials. �
p„�,,;,. ..• + .�., .,�� „+e,a �.., ,.�, �;�� �o�v .,��, „�;,. Clean-up
�uvai�, vi Nii`v'u�� Yiv�ic � . .
operations shall begin immediately.
u�. The �Drillin� and Production sSite and site access road shall at all times be kept
free of debris, pools of water or other liquids, contaminated soil, weeds, brush,
trash or other waste material outside the �Drilling and Production- Site ��'�n�
�
�� nr;";^n m„a �^�' r°°°^ °All-_pits associated u-ith Drillin� and Production Sites
shall adhere to the following requirements.
i. The type of pit used in drilling operations shall be specified at the time of
permitting. The e0i1 and gGas �Inspector may perform a contamination
assessment for any reserve pit, completion/work-over pit, drilling fluid
disposal pit, fresh makeup water pit, mud circulation pit, washout pit, or water
►z�
condensate pit. The following concentrations for contaminants will be used to
determine if contamination exists within any materials in the pits:
Compound Concentration limit
TPH 15 mg/L
BTEX 500 µg/L
Benzene 50 µg/L
From 30TAC 321.131.138
If concentrations exceeding these values are detected, the operator shall
remove, cause to be removed, or otherwise remediate contaminants, �e-�ke
+;"� ^+;^„ ^�,'�° ^;' ~a � °^+^r to below the limits provided herein.
JULSJt
Cleanup operations shall begin immediately. Cleanup activities that do not
begin within twenty-four (24) hours of notification by the oil and gas
inspector shall be considered a violation of this Subchapter.
ii. Only freshwater-based mud systems shall be permitted. Saltwater-based mud
systems and oil-based mud systems are prohibited.
iii. Chloride content of fluids held in �e pits may not exceed three thousand
(3,000) milligrams per liter.
iv. No metal additives may be added to any drilling fluids.
v. All fluid produced from the well during completion of production shall be
held in enclosed containers while stored on the property.
vi. All fluids shall be removed ("de-watering") from the r°�� pits within thirty
(30) days of completion of drilling operations.
vii. The pit and its contents shall be removed from the premises within ninety (90)
days after completion of the drilling of a well; provided, however, that the
permittee may apply for a ninety (90)-day extension from such requirements
based on showing of good cause, necessity to maintain said pit, inclement
25
weather, ar other factors. The City may designate a period of time shorter than
the ninety (90)-day extension set out herein.
w. All pits shall be backfilled in accordance with the following schedule. The
Director of Planning and Development mav grant permission for a pit to remain at
the site if the surface propertv owner submits a written request.
i. Reserve pits and mud circulation pits shall be dewatered within 30 davs and
backf'illed and compacted within ninet�) davs of cessation of drilling
activities.
ii. All completion/workover pits used when completin� a well shall be dewatered
within thirt�(30) days and backfilled and com�acted within one hundred and
twentv (120) days of well completion.
iii. All completion/workover pits used when working over a well shall be
dewatered within thirtv (30) days and backfilled and compacted within one
hundred and twent (� 120) davs of completion of re-work operations.
iv. Basic sediment pits, flare pits, fresh mining water pits, and water condensate
pits shall be dewatered, backfilled, and compacted within one hundred and
twentv (120Lays of final cessation of use of the vits.
x. Each operator must submit to the City a water conservation plan for uses of
water.- �-���,. "'���� �°,. ^ �* Ee-esr.�e�
�+� The plan must provide information in resnonse to each of the
followin� elements.
i. A description of the use of the water in the production process, includin� how
the water is diverted and transported from the source(s of supplv how the
water is utilized in the production process, and the estimated auantitv of water
consumed in the production process and therefore unavailable for reuse
dischar�e, or other means of disposal;
ii. If lon�-term, five (5) to ten 10) years, water stora�e is anticipated, auantified
five-year and ten-year targets for water savin�s and the basis for the
development of such goals;
iii. A description of the device(sl andlor method(s) within an accuracy of plus or
minus 5.0% to be used in order to measure and account for the amount of
water diverted from the source of supply;
iv. Leak-detection, repair, and accountin� for water loss in the water distribution
s sv tem;
v. Application of state-of-the-art equipment and/or process modifications to
improve water use efficiencv; and
'r_��
vi. Anv other water conservation nractice, method, or techniaue which the user
shows to be appronriate for achievin� the stated og al or goals of the water
conservation plan.
v. No gas well �drillin and production shall be permitted within twelve
hundred (1,200) feet of the flood pool elevation of Lake Ray Roberts or Lake
Lewisville, unless the Operator first obtains a SUP.
_ � �� _ y_ ' '�� _ �_� _ _ �� _�.� _
7. Supplemental drilling.
a. Supplemental drilling to deepen or directional drill an existing well shall be
conducted in accordance with the conditions for the applicable S�.iPr°����
�� or PD�e�-�'����.�ne�-*���� District ar underlying zoning
classification that permits gas development by right. The operator shall provide
the ���° "��r°'��' Oil and Gas Inspector a copy of additional RRC�
E� permits that allow drilling to a deeper depth.
b. Supplemental drilling to deepen or directional drill an existing well shall be
conducted in accordance with the approved Gas Well Permit for the well on file
with the City.
8. Watershed Protection Requirements for Wells located in Flood Fringe or other
ESA's.
The standards in this subsection are adopted pursuant to the authorit�granted bX
Texas Local Government Code, Section 551.002 and are intended to minimize
adverse impacts on areas within � the Flood Fringe or ESA, reduce flood damage,
and lessen the potential for contaminating surface water or any water supply.
a�. The provisions of 35.22.S.EA.�6 and 35 22 5�A 38 shall annlv �t��to a
Drilling and Production Site required to have a Watershed Protection Permit
within the co orate limits of the Citv of Denton. ��� �=r;*'�;-� *�° �Tr �� *�,° �;*•,
e�Be�e�r. The provisions of 35.22.S.A.8 shall applv to a Drilling and Production
Site required to have a Watershed Protection Permit located within the corporate
limits of the City of Denton or within the ETJ of the City of Denton.
b. Drilling and Production Sites shall be located outside ESAs whenever practicable
to minimize adverse impacts on these areas, reduce flood dama�e, and lessen the
potential for contaminatin� surface water or any water suppl�
ca. Prior to location of any gas well in the Flood Fringe or ESA, the property owner
or applicant shall first obtain approval of an application that meets the criteria of
the Application Criteria Manual for a Watershed Protection Permit and shall
27
comply with the provisions of ��sec�e� 35.22.5. � �'��" "° '��°*°a �•�+�;a°
t�ese-a�e��t�e���e��e-�k�e�s���ex t�����-�
r���ge�d�e�se�ke-�e�e��fer ee�*�ut��u�«
„+o ..�.
d�. A Watershed Protection Permit containing an ESA assessment of the Drillin�and
Production �sSite shall be s��t�P��t��.,� T'�z��'�.: Fx�e�,,��e�t�e�
���� apProved by the Department of Environmental Services ��a��
i_-�For all a�l�e ESA's priar to the approval of a Gas Well Development
��„+ ,,,. ��� �x7oii r,o.,o�,,..,,,o�* �:+e Plan:-
�: 1. If a riparian buffer is designated as "fair" to "excellent" ESA, the
designated protective stream buffer width as specified in Subchapter 17 of
the Denton Development Code shall apply, and no encroachments shall be
allowed.
2. Within all areas except unstudied floodplains, if the stream is designated
as a"poor" ESA, the designated width of the protective stream buffer
'shall be decreased by either fifty (50) percent ar to the limits of the
floodway whichever is greater, but in no instance shall the protective
stream buffer width be decreased below twenty-five (25) feet measured
each direction from the centerline of the existing channel.
ii}. For
all flood ' frin�e ESAs prior to the a�proval of a Gas Well Development
Site Plan or Plat.
e. Tree miti�ation far �as wells located in an ESA shall be reauired and shall be
calculated on a one to one replacement value for one hundred (100) percent of the
dbh of trees removed from the Drillin� and Production Site. �„ ���° *^ ��^°
��..... +,�° r'r:":„n °^a Dr�a„�*;�� c:*° _ Tree miti�ation shall be accomnlished bv
plantin� renlacement trees. within a floodnlain, on-site or off-site with similar tree
snecies or bv t�avment into a Tree Mitigation Fund. Tree �Miti�ation F€unds that
are sbecific to ESA's will be kent separate from other Tree Mitigation Funds and
will onlv be used to either acauire wooded floodnlain or rinarian pronertv that
remains in a naturalistic state in neroetuitv or to nurchase conservation easements
within rinarian or floodnlain areas. Funds mav be used to nurchase, nlant. and
maintain trees on nublic nrobertv. as lon� as the uublic nronertv is within a
riparian area or floodblaino
fs. The Watershed Protection Permit application shall contain the following
information and such information as may be required by the Development Review
Committee which is reasonably necessary to review and determine whether the
28
proposed development and required facilities meet the requirements of this
Subchapter and as required by the Application Criteria ManuaL The information
that is required for the Watershed Protection Permit shall include, but not be
limited to:
i. A Tree Inventory Plan shall show the location of ESAs on anv proposed
�rbllin� and Production Site.'�° °��'�-„�**°a.
ii. Any request to remove tree(s) shall be accompanied by a letter from a
certified geologist or engineer that indicates why the well site cannot be
located to avoid the trees. If Operator has chosen to �ay into the Tree
Miti�ation Fund, such funds shall be paid prior to final annroval of a Drilling
and Production Site �e within an ESA.
iii. Show location of ESAs on proposed Drillin� and Production Sites. �
3,,,,_a_..a ii nn� ,...,,,..,.+ ,.� ��.,. a�.�. r�..,.,.,, + ya ii •+ rr..,.,.
xxaxx'a.xvcrrxvv�czvc,zxc vx cxx�a cevxx iyx ex�.bo i+.tiYf�������b �ii��rFE�F66
>
7
1
f
' 7 �
7
�
� �
, • . � �
g�. ', O�one (1) well head, may be
placed in the Flood Fringe or ESA under the following conditions:
i. T���:�u�i� Stora�e tanks or separation facilities shall be constructed at
least eighteen (18) inches above the established Base Flood elevation plus the
surcharge depth far encroachment to the limits of the floodway having a one
(1) percent chance of being equaled or exceeded in any year.
ii. A hydrologic and hydraulic engineering study shall be performed by a
Registered Professional Engineer. The study shall be submitted to the
Engineering Department in a technical report for review by the City Engineer
or his designated representative. The report shall demonstrate that the
proposed facilities will have no adverse impacts on the carrying capacity of
the adjacent waterway nor cause any increases to the elevations established
for the floodplain. When the Special Flood Hazard Areas (SFHA) on the
�
subject site is designated as "Zone A" on the FIRM Panel, or the SFHA is not
identified on the FIRM Panel, the following approximate method may be used
to evaluate the impacts from gas well development. A flow rate shall be
calculated using procedures set forth in the City of Denton Drainage Criteria
Manual. Using Manning's Equation with an estimate of the average slope of
the stream, measurements of a single irregular cross-section geometry at the
well site, and the one hundred (100) year discharge rate, the average velocity
and normal depth may be calculated. Calculations shall be provided for the
unaltered existing channel cross-section and for the proposed modified
channel cross-section and submitted to the City for review and approval prior
to construction within these areas.
iii. No more than ten (10) percent of the floodplain, within the limits of the Gas
Well Development Site Plan or Gas Well Development Plat, may be filled.
he. If evidence from water quality monitoring efforts indicates that contamination is
occurring from gas wells, the eOperator shall remove, cause to be removed, or
otherwise remediate contamination, as required by the oil and gas inspector
including but not limited to Waste Minimization Practices established by the
RRC ' . Cleanup operations shall begin immediately. A re-
inspection fee shall be charged as established by the City Council and published
in the Application Criteria Manual.
. . �
. . . -
Y_ �
\ ■
B. Drilling and �Production Sites ^�'� shall comply with all federal, state, and local
laws applicable to gas well drilling, production and operations.
C. Noise Management Standards. The following standards apply to gas well drilling and
production in the City limits.
1. n:;^,. +„ +i.o ; o„�„ r_„� �xron r�,.:i�;�,. „„a n�o,..,�;.,,. no...,.,;�� +The Operatar shall
.,� �.,zr _
submit with its Gas Well n°�-°'�-�m°�+ Dl�* �y Site Plan °°*°'^'��'� �ra �„'�m;+ *� *'�°
C�}; a continuous seventy-two (72) hour pre-drilling Ambient Noise Level measured
three hundred (300) feet from the boundaries of the ga�-�Drilling e� and
�Production sSite. The seventy-two (72) hour time span shall include at least one (1)
twenty-four-hour reading during either a Saturday or Sunday.
2. No gas well drilling equipment, production equipment, re-drilling equipment, or any
other associated equipment shall be operated at any g�a�-�ae� �Drilling e� and
�Production �ea Site within the City in such a manner so as to creaie any—le�-
30
� °^��°^^�� ^��+�'�^r noise level� that exceeds sixt -five (65 *•T ���° ���' decibels.
� �v V {.�liL�l-Y��7 _
�
The dB level shall be measured �°° '�••�a-�°a �2��� at a distance of one thousand
1( ,000� feet from the boundaries of the gas�-�Drilling e� and �Production a�eaSite
or one hundred (100) feet closer than an� Protected Use setback line whichever
distance is nearer to the Drilling and Production Site.
3. The *'�r°°'����ar°a ��* distances described in 35.22.S.C.2.- shall be measured from
the boundaries of the g�Drilling e� and �Production sSite depicted on the Gas
Well Development Plat or Gas Well Development Site Plan, in a straighi line, without
regard to intervening structures or objects,.- and outward from the boundarv of the
Drillin� and Production Site. T'� + � * * � > > • �'
4_If the ambient noise level that was established and submitted to the City in
accordance with 35.22.S.C.1 is higher than the levels set forth in 35.22.S.C.2 �y�
���° ��" a°��'�°'�, the noise generated from the ga�e�l� �Drilling e� and �Production
a�ea Site may not exceed the established ambient noise level by more than five (5)
decibels during daytime hours and three (3) decibels during nighttime hours, except
as provided by 35.22.S.C.S below.
5. The following adjustments to the noise standards as set forth above �e are
permitted intermittently during daytime hours only, except in the case of an
emergency:
Maximum Permitted Increase above � 65 dB or established ambient, Maximum Duration
if ambient exceeds �S 65 dB (minutes)*
10 dB 5 minutes
15 dB 1 minute
20 dB Less than 1 minute
* Cumulative minutes during any one hour.
6. Acoustical blankets, sound walls, mufflers or other alternative methods as approved
by the City may be used to ensure noise limitation compliance. All soundproofing
31
shall comply with accepted industry standards and be subject to approval by the
City_' ' .
7. The sound level meter used in conducting noise evaluations shall meet the American
National Standard Institute's Standard for sound meters or an instrument and the
associated recording and analyzing equipment which will provide equivalent data.
8. The noise level generated during gas drilling a�sactivities shall be
continuously monitored bv the Operatar to ensure compliance with the noise
limitation standards established herein, if the Drillin� and Production Site is within
e�e *�twelve hundred (1,200�) feet of a Protected Use. The cost of such
monitoring shall be borne by the Operator. In addition, the Operator shall also
provide the following data:
tt,o r�;+. o . � * +�. + .,.+.,t..io +„ *�.o n;� � 'i + •a +t,•
���.. ...�)' ::1,�... �..:�::....,�� ..i ca .v.uiu� uica� i °
ixa��ti�n �arithin fnrtv � �++ /A 41 L.,-.,,,. 4' �l,o + ' 'a ,7 ' 1 +' �
� ..:5... � � .,� ..., " or-cric i ccjacsrr.T��rrsn-[cr��cnzvitscxvxr-�r
+L.;., �„l,.,L.�„+o
i. The continuous noise monitorin� data shall include an audio recordin t��
identifv the source of sound level fluctuations throughout the log�g period The
continuous noise monitorin�equipment shall be canable of remotel�providin�
real-time noise and audio data in a format accentable to the Insvector Access to
the real-time data shall be made available to the Oil and Gas Inspector•
_ ii. The continuous noise monitoring data shall �se be summarized into a weeklv
report and submitted to the Oil and Gas Inspector each Monday for the prior
Monda throu�h Sunda ��reportin� week, which may be combined with the
subseQUent week if the number of monitoring days for an�given week is three (3)
or fewer. The report shall be in an electronic format or other format specified b�
the Oil and Gas Inspector. The weekl ��report shall contain all noise data
includin� nure tones and low frequency readin�s, and shall be avera�ed in twenty
(20) minute intervals; and
_ iii. The weeklv noise renort shall state whether the Drilling and Production Site is in
compliance with accentable noise standards. If the report identifies that the
Drillin� and Production Site is not compliant, then the report shall state the
measures bein� taken to return the site to compliance and the timeframes for
implementin� these remedial measures.
9. For Drilling and Production Sites not continuouslv monitored �if a complaint is
received after the commencement of ga��l� drilling activities �s by either
the Operator or the City, the Operator shall immediately upon receipt of the
complaint, continuously monitor the exterior noise level generated by the gas well
drilling ar production for a seventy-two-(72) hour period and take the action
necessary to abate the violation, if a violation exists. The monitorin� shall be
performed in accardance with 35.22.S.C.8.i.- and ii.
32
10. In the event of a violation of this subsection, the City may immediately issue a
citation to the Operator for the violation.
11. The noise management standard� ir� this Section � apply to compressor stations
35.22.6. - Gas Well Development Site Plan and Watershed Protection Permit.
A. Applicability.
1. A Gas Well Development Site Plan shall be approved far any land within the City
limits before a Gas Well Permit may be issued or any gas well drilling or production
activities may occur. Approval of a Gas Well Development Site Plan authorizes the
processing of a complete application for a Gas Well Permit. If applicable, the
Watershed Protection Permit application shall accompany the application for a Gas Well
Development Site Plan or Gas Well Development Plat, but shall be decided first.
2. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes
land in any floodplain or ESA within the corporate limits e�F3 of the city. Approval
of a Watershed Protection Permit authorizes the processing of a complete application
for a Gas Well Development Site Plan or Gas Well Development Plat, as the case
may be, that includes land in a floodplain or ESA.
B. Application Requirements—Gas Well Development Site Plan.
An application for a Gas Well Development Site Plan shall not be determined to be
complete or deemed complete until:
a. Any required Specific Use Permit has been approved by the City Council;
b. A complete application for a Watershed Protection Permit, where required, has
been filed with the City pursuant to this subchapter. ^„^r����� ��' �r ��r,;��*:��
�,. � r-:�� �x�o„ r,o..o,��.,.,o„+ c;+o ni�„ ni.�ti �,o „„a;+;,.,,oa ,.,, �„
1v1 l.L v1.6�1 4�t'v11 LSiYI.�dV1.J1At�1SL 1JICC.
��c-a�ce--���e�ed--��e�et�e„ °°�;* ���' �Any conditions imposed with
approval of the Watershed Protection Permit shall be deemed incorporated into
the conditions of approval for the Gas Well Development Site Plan.
2. Approval of a Gas Well Development Site Plan authorizes the holder of the approved
Site Plan to apply for a Gas Well Permit.
3. An application for a Gas Well Development Site Plan, in addition to those items set
forth in Subsection 1. shall:
a. Clearly delineate the boundaries of the gas well drilling or production area with
metes and bounds description, and list the exact acreage of the area. All gas well
drilling and production activities shall be limited to this area.
33
b. Identify all ingress and egress points.
c. Show the location of all floodplains and ESAs.
d. Show the location of all freshwater wells currently in use at the time of
����u������
°° T r;";„� �^+;�,;+�r filin� of the ap lication within
twelve hundred (1,2009) feet of the g��Drilling and �Production sSitea�ea.
e. Show the location of all structures with a�Protected �tUse within
twelve hundred (1,200A) feet of the ��Drilling and �Production sSite�ea;
f. Identify and show proposed method of erosion and sediment control;
g. Identify the location of proposed lease lines;
h. Identify the location of all proposed gas wells, mud pits, ponds, and mechanical
equipment;
i. Label distances between gas wells and property lines;
j. Provide site snecific well *�����°' �_�°" °�+° schematics showing layout during
drilling and upon completion of drilling;
k. Show location of all existin�proposed underground pipelines. As-built
drawings shall be filed with the City (in a digital form as specified by the City,
and as a condition of maintaining the annual operating permit). All pipelines
proposed in public rights-of-way shall require a Right-of-Way Use Agreement.
The City Manager shall have the authority to enter into a Right-of-Way Use
Agreement;
1. Show the location of all pipelines and identify if pipelines connect with a Gas
Distribution System;
m. Identify the height, size, bulk and location of all structures, closed-loop systems,
dehydratars, parking areas, security cameras, lighting, tanks, tank battery, drilling
rigs, separators, compressors, perimeter walls, utilities, and all other features or
objects contemplated within the boundaries of the gas well drilling or production
area;
n. Provide a Tree Protection Plan demonstrating compliance with the City's Tree
Preservation Code;
o. Provide a Signage Plan, complying with this Subchapter �„ r°�,,;r°m°r*° �� +��
��for both the Drill Site and pipelines;
�
��e�p���e; a A Screening, Fencing, and Landscape Plan, in accordance
with the standards established for Industrial land uses in Subchapter 13 of the
DDC, detailing compliance with all landscape and screening measures to be taken
to adequately irrigate all landscaping including the water source for irrigation and
the proposed efforts to replace dead or dying screening vegetation; and
��.�� � _ .
�.�.. •
: _y�,0„n,.,�.,.:..: .:: :�.��� .� :.��....�
:•.:.:. :.��. � • �.,:.:��:.��.'."...� _ -
l ��Tl��l i
�/��l�t _ ��a�`�iI '�� '.
� ������ ���t�: JA♦ � ♦
f����p���\i�����1�1�� �q�l>t��� � �\!9�19i�
�q. A Noise Mitigation Plan that includes:
i. A description of the proposed facility/operation•
ii. The established ambient noise level;
iii. An analvsis of anv si�nifcant sources of noise generated on the Drilling
and Production Site; and
iv. An analvsis of anv abatement measures necessarv to bring the proposed
activitv into compliance with the Citv's noise standards.
sr. A Site Reclamation Plan that establishes the existin� conditions of the property
prior to drilling activities.
���_ +��-'-�������������� ���--�€� ��s�������o�
���°v`�'�Efi�6iE�Dif,•11 1.,. ,•1•,:•.•,•v°Ci��—�Cfl'F�E�3��6�@EiF�P6�9•.• 41•.•
������� �6'����@��
,.1.,.1.:1:+..�:..... ,.1�........,�:,,,. ..... , 1..,. .. ...] 1.�, +1... (�:�-.. �,. ,. ,. 41.,,. .. ,.1�:�--,.,7 ,.:+
"`;''," ` ,:`'' +''� "`':"T " �-���� The Site Reclamation Plan shall
include both Closure and Post-Closure Plans.
i. Closure Plan. Site closure includes well plug�� and abandonment
equipment removal, and site clean-uv. This plan should describe ��
how each Drillin� and Production Site will be closed how the proposed final
site closure will be achieved, and a detailed description of the closure
methods.
ii. Post-Closure Plan. Post-closure care includes anv subsequent activities
necessarv to minimize the need for care after closure and should describe the
anticipated work activities necessary to achieve this objective.
35
s�. The Operator shall submit an Erosion and Sediment Control Plan in accordance
with the applicable City Criteria Manual.
t. The Operator shall notifv all private freshwater well owners in writin� that they
have the ri�ht to have their wells tested. Proof of such written notice shall be
submitted to the Citv as part of the Site Plan application.
!�,•-�;-• — -!''= - - - ' - -
��l�i A1��Iq��I���I��� - t I�/\��'�'If�� ����1��
A�'�Ilq������ , ,��nn � � /
r �!f�\����\�tp�\�1�� � � � J�����Sq\�J��'�-I�R����i � �
:/���•�:/���if� i�����
� •� ���
� r�.iz}��• \i���•
:...:.� , �....,�:.��: •
— �..�— � �� � ia�.es:i � ..y:. . �u�eii��
— ■ . . . . .
� ���v� __ •.:��r�r�
� � l�l��T1�!�i
���• iJ� �I�SUii��7�1� ' -
�
:J'
� �:
� r�0�� ��: .
�.��,:.u..0.:.::.�:.e.,� � Os�.,r= .
� �y���►•���viiav
V` iL�i• ��cs7 _ i��'.r�0i����ii�Sa � � .e� �'���i�a:���iiiv�L`j
� � � � �
t�i
=��s�.i�e0�ic.��isei��:��s�� .y�...�0 s� ' _ � �:e.a�ii�0�:a.s��:.0a�
. j:��ii�e0...�e: ..�.`JlSJl�2i7
�i•�Tiny� ��r�. � va�so:..� .V
u. The Operator shall submit a deed, lease, contract or similar written instrument
evidencin� the location of the Drilling and Production Site, which document shall
be filed with the County Recards Department upon approval of the Gas Well
Development Site Plan.
v. The Operator shall provide a copy of its Emergency Action Plan if required to
prepare one pursuant to federal or state law.
w. Any other information deemed necessary by the ��ee�e���' "'�r��rrt �r�
'-'°T�°'�„m°�* Oil and Gas Inspector to verify compliance with these standards.
C. Processing of Applications.
�
1. An application for a Gas Well Development Site Plan shall be processed in the
manner for an application for a gas well development plat, as provided in Section
35.16.19 of the DDC, and shall be decided bv the Oil and Gas Inspector.
2. A�Watershed �Protection �Permit sha11 be processed in accordance with the
following:
a. All applications for Watershed Protection Permits shall be filed with the
Department, who shall immediately forward all applications to the DRC for
review. Incomplete applications shall be returned to the applicant, in which case
the City shall provide a written explanation of the deficiencies if requested by the
applicant. The City shall retain a processing fee determined by the City Council.
The City may return any application as incomplete if there is a dispute pending
before the Railroad Commission regarding the determination of the operator. No
application shall be deemed accepted for filing until the application is complete.
b. The DRC may attach such conditions to approval of a Watershed Protection
Permit as are necessary to assure that the requirements of Subsection 35.22.5 are
met.
Each Watershed Protection Permit approved by the DRC shall:
i. Identify the name of each well subject to the permit;
ii. Specify the date on which the Permit was issued;
iii. Incorporate by reference all applicable standards of approval; and
iv. Incorporate by reference all applicable conditions of approval.
. ._
._ .� .
� ,.
J� � ■ \
J'
;J• � � �
♦ ♦ �
• � ' " - �
_ � � _
� ♦ �
D. Criteria for Approval.
37
No Gas Well Development Site Plan shall contain more than one (1) �Drilling e� and
�Production a�e�a Site, and the a�eaDrilling and Productic�n sSite shall not be greater
than five (5) acres in size. All standards in Section 35.22.5 shall be met, and all
conditions attached to prior approvals shall be incorporated in the approval of the Gas
Well Development Site Plan. ,
2. The following standards apply to an application for a Watershed Protection Permit:
a. For land inside the City limits, all conditions imposed by any applicable
SUPm^��^ d T^° ���;* MI'C District or a PD�°� T�°^°'�rm�^* District for the
land subject to the Watershed Protection Permit.
b. Standards in Subsection 35.22.5_fA_�6 and 35.22.S,�A.�8.
3. An Operator shall submit an amended Gas Well Development Site Plan one vear after
approval if the items required by ����'- '- '�~ ~- �� 35.22 6 B 3 subsections
b. h. 1. or m. are different than those contained in the earlier annroved Gas Well
Develonment Site Plan. The Oil and Gas Inspector shall review the amended Gas
Well Development Site Plan in accordance with this Subsection D.
E. Expiration.
A gGas �Well �Development sSite �Plan shall automatically expire one (1) year
from the date of approval, unless a gGas �Well P�ermit has been issued by the City
for the same site.
a. A gGas �Well �Development �Site �Plan shall not be extended unless a speciai
exception has been a�proved by the Board of Adjustment pursuant to Section
35.22.16. The applicant may submit a new Gas Well Development Site Plan
application for review and approval in accordance with all applicable
requirements of the DDC then in effect.
b. If the Gas Well Development Site Plan expires, then all permits approved prior to
or simultaneous with the site plan for the same activitv shall likewise expire on
the same date.
2. An associated Watershed Protection Permit shall expire with the expiration of the
gGas �Well �Development sSite �Plan and may not be extended prior to expiration.
35.22.7. - Gas Well Permit Required.
A. Any person, acting for himself or acting as an agent, employee, independent contractor,
or servant for any person, shall not engage in the drilling and production of gas wells
within the corporate limits of the City without first obtaining a Gas Well Permit issued
under this Subchapter. T'�° .�.��...,....,r�� ��` �?::,, *� '� �� � * �
JVV�1V11 J11C111
38
�. i1 /��R �����'�'i�l t7l�r�n�I�Ai������aiii���i���
� � � �
B. When a Gas Well Permit has been issued covering a well, the Permit shall constitute
authority for drilling, operation, production, gathering of production, maintenance, repair,
re-working, testing, site preparation consisting of rigs or tank batteries, plugging and
abandonment, and any other activity authorized by this Subchapter associated with
drilling or production by the eOperator and their respective employees, agents, and
contractars. A Gas Well Permit shall also constitute autharity for the construction and use
of all facilities reasonably necessary or convenient in connection therewith, including
gathering lines and discharge lines, by the eOperator and its respective employees,
agents, contractors and subcontractors.
C. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means
geologic or geophysical activities, including, but not limited to surveying and seismic
exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. A
seismic permit is required for impact-based exploration.
■ . .
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� � - -
. �
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. . „
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�.._ ��..:.;,.�.�:.:.:rs,,.�.�: �
Gi.7tf , , . • � • .
,$ �T.,�;..o .�� A„+;.�:+�, «o +., � C�o..+:.,., 2G 7'� 1 7
. ...,.......,� �>...�.��� �vii' «°cnicn'rs�7rc7cccro7r���.rrL
' ��es�'e�-.��.r'�:���a�.C.:.::.�:..�0.�:�� :....:.- �
„fi� \��1 �:11�i ��a w��l �� i ��� �9�t� f�1 /��l�l� � ��1� t L 1 �R�
� j7�����i����� � �f��7�l�ll����\7 � � �
� -
• � �
39
�D.A Gas Well Permit shall not, however, constitute authority for the re-entering and drilling
of a��lug e�d and abandoned well. Re-entry and drilling of a.��lug e�and abandoned
well shall require a new Gas Well Permit.
�E. Applications for Gas Well Permits shall be in accordance with the following:
1. Shall be in writing;
2. Shall be on forms provided by the City;
3. Shall be signed by the Operator;
4. Shall include the application fee;
5. Shall include a copy of the applicable SI1P��c�f��:,�T�, PD�a�e�
n�.,��^~~�°~' �^~�^rt District, or Gas Well Development Site Plan; and
6. Shall include the information required by the Application Criteria Manual unless such
information has been previously provided to the City.
35.22.8. - Insurance and Indemni�cation.
The eOperator shall provide or cause to be provided the insurance described below for each
well for which a Gas Well Permit is issued, such insurance to continue until the well is
abandoned and the site restored. The operator may provide the required coverage on a
"blanket basis for multiple wells". Such coverage shall be approved by the Risk Manager for
the City of Denton. �
A. General Requirements. Indemnification and Express Negligence Provisions.
1. Each Gas Well Permit issued by the City shall include the following language:
Operator does hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now have or may have, or assigns
may have, or claim to have, against the City of Denton, and/or its deparhnents, its
agents, officers, servants, successors, assigns, sponsors, volunteers, or employees,
created by, relatin� to or arising out of personal injuries, known or unknown, and
injuries to property, real or personal, or in any way incidental to or in connection with
the performance of the work performed by the operator under a Gas Well Pertnit and
the eOperator caused by or arising out of, that sequence of events which occur €�e�
��� under the Gas Well Permit1 and work performed by the eOperator shall
fully defend, protect, indemnify, and hold harmless the City of Denton, Texas, and/or
its departments, agents, officers, servants, employees, successors, assigns, sponsars,
or volunteers from and against each and every claim, demand, or cause of action and
any and all liability, damages, obligations, judgments, losses, fines, penalties, costs,
fees, and expenses incurred in defense of the City of Denton, Texas, and/or its
40
departments, agents, officers, servants, or employees, including, without limitation,
personal injuries and death in connection therewith which may be made ar asserted
by Operator, its agents, assigns, or any third parties on account of, arising out of, ar in
any way incidental to or in connection with the performance of the work performed
by the Operator under a Gas Well Permit and, the Operator agrees to indemnify and
hold harmless the City of Denton, Texas, and/or its departments, and/or 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 and/or, its departments, it's officers, agents, servants, or employees,
created by, relating, to or arising out of the acts or omissions of the City of Denton
occurring on the �Drillin� and Production sSite or operation site in the course and
scope of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED
TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR 1N PART FROM THE
SOLE NEGLIGENCE OF THE CITY OF DENTON OCCURRING ON THE
DRILLING AND PRODUCTION SITE nn nD�n n-rrn�T ci-r� � THE COURSE
AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS
UNDERSTOOD AND AGREED THAT THE 1NDEMNITY PROVIDED FOR 1N
THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO
INDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM
THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON,
TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE 9�
r�n�.T-rv ir�r Trr-n.Tr; CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR
DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE
COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS
WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER
THE TORT CLAIMS ACT.
2. All policies shall be endorsed to read "this policy will not be cancelled or non-
renewed without thirty (30) days advanced written notice to the owner and the City
except when this policy is being cancelled for nonpayment of premium, in which case
ten (10) days advance written notice is required".
3. Liability policies shall be written by carriers licensed to do business in Texas and
with companies with A: VIII or better rating in accordance with the current Best Key
Rating Guide, ar with nonadmitted carriers that have a financial rating comparable to
carriers licensed to do business in Texas approved by the City.
4. Liability policies sha11 name as "Additional Insured" the City and its officials, agents,
employees, and volunteers.
5. Certificates of insurance shall be presented to the City evidencing all coverage's and
endorsements required by this Section 35.22.8, and the acceptance of a certificate
without the required limits and/or coverage's shall not be deemed a waiver of these
requirements.
41
6. Claims made policies will not be accepted except for excess policies or unless
otherwise provided by this Subchapter.
B. Required Insurance Coverages.
L Commercial General Liability Insurance.
a. Coverage should be a minimum Combined Single Limit of one million dollars
($1,000,000) per occurrence for Bodily Injury and Property Damage. This
coverage shall include premises, operations, blowout or explosion, products,
completed operations, blanket contractual liability, underground property damage,
broad form property damage, independent contractors protective liability and
personal injury.
b. Environmental Impairment (or Seepage and Pollution) shall be either included in
the coverage or written as separate coverage. Such coverage shall not exclude
damage to the lease site. If Environmental Impairment (or Seepage and Pollution)
Coverage is written on a"claims made" basis, the policy shall provide that any
retroactive date applicable precedes the effective date of the issuance of the
Permit. Coverage shall apply to sudden and non-sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
2. Automobile Liability Insurance. Minimum Combined Single Limit of =�
�one �nillion dollars ($�1,000,000) per occurrence for Bodily Injury and
Property Damage. Such coverage shall include owned, non-owned, and hired
vehicles.
3. Worker's Compensation Insurance. In addition to the minimum statutory
requirements, coverage shall include Employer's Liability limits of at least one
hundred thousand dollars ($100,000) for each accident, one hundred thousand dollars
($100,000) for each employee, and a ���° '���r�'r°� *����°�r�one million dollars
($�Y�000,000) policy limit for occupational disease, and the insurer agrees to waive
rights of subrogation against the City, its officials, agents, employees, and volunteers
for any work performed far the City by the operator.
4. Excess (or Umbrella) Liability Insurance. Minimum limit of te� twentv-four million
dollars ($�24,000,000) covering in excess of the preceding insurance policies.
5. Control of Well Insurance.
a. Minimum limit of five million dollars ($5,000,000) per occurrence.
42
b. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling
or Restoration expenses, Seepage and Pollution Damage. Damage to Property in
the Operator's Care, Custody, and Control with a sub-limit of five hundred
thousand dollars ($500,000) may be added.
35.22.9. - Security.
A. A security instrument that covers each well shall be delivered to the �'�r° "� Oil and
Gas Inspector before the issuance of the Gas Well Permit for the well. The instrument
shall provide that it cannot be cancelled without at least thirty (30) days' prior written
notice to the City and, if the instrument is a performance bond, that the bond cannot be
cancelled without at least ten (10) days' prior written notice for non-payment of premium.
The instrument shall secure the obligations of the operator related to the well to:
1. Repair damage, excluding ordinary wear and tear, if any, to public streets, including
but not limited to bridges, caused by the operator or by the operator's employees,
agents, contractars, subcontractors or representatives in the performance of any
activity authorized by or contemplated by the Gas Well Permit;
2. Comply with the insurance and security provisions set forth in Section 35.22.8 and
Section 35.22.9; a�
3. Pay fines and penalties imposed upon the operator by the City for any breach of the
Gas Well Permit; and.-
4. Com�ly with Site Reclamation u��u�,�'� T�°*°�*��r °ra �'�-„--�����° requirements.
B. The security instrument may be in the form of an irrevocable letter of credit or payment
bond issued by a bank or surety approved by the City. The instrument shall run to the
City for the benefit of the City, shall become effective on or before the date the Gas Well
Permit is issued, and shall remain in effect until the well is abandoned and the site
restored.
C. A certificate of deposit may be substituted far the letter of credit or payment bond. The
certificate shall be issued by a bank in Denton County, Texas, shall be approved by the
City, shall be payable to the arder of the City to secure the obligations of the eOperator
described above, and shall be pledged to the bank with evidence of delivery provided to
the Director of Planning and Community Development. Interest on the certificate shall be
payable to the operator.
D. The security instrument may be provided for an individual well, or for multiple wells on
each Drilling and Production sSite. The amount of the security shall be
determined by the City Engineer, with due regard to the costs and risks to be secured in
subsection A, above, either on a per-application basis, or as administratively established
and amended in the Application Criteria Manual, in the minimum amount of � one
hundred thousand dollars ($�100,000.00) for a� single well on the site, two hundred
43
thousand dollars ($200,000) for two (2) to four (4) wells on the same site or e�e three
hundred thousand dollars ($�300,000.00) for 5 or more �Q, wells on the same �
site.
E_The security will terminate when the Oil and Gas Insnector confirms �sin writing
that one of the following events has occurred:
1_�The Gas Well Permit is transferred, .��+'� -�° °�* *^ *'�° � r°*�-� *��-��� r a'�and
the eOperator-transferee provides replacement security that complies with this
section; or ;
� 2_��The well is plugged and abandoned and the site restored., °^a ••�'�°� *'�° ��r°
�,r.,,.�t,.,i „ „+., ; r..;+;,,,. �„ ,.t, �o,.�.,;�.,+;,.
i�iWJ11U1 VVlln ,
F. An appeal of the determination of the amount of security required under this Subchapter
may be made to the Planning and Zoning Commission for recommendation to the City
Council for final determination of the amount of security.
35.22.10. - Review of Permits for Gas Well Drilling and Production.
A. All applications for Gas Well Permits shall be filed with the Department who shall
immediately forward all applications to the DRC for review. Incomplete applications
shall be returned to the applicant, in which case the City shall provide a written
explanation of the deficiencies if requested by the applicant. The City shall retain a
processing fee determined by ordinance. The City may return any application as
incomplete if there is a dispute pending before the Railroad Commission regarding the
determination of the operator. No Gas Well Permit shall be approved under this Section
unless the property owner or applicant first receives approval of:
l. A SUP�°^��^ r T�° D°,.,,,;* where required, a Detailed Plan in a
�PD� district, or a site-specific authorization in a�:�u�E�: p'�„r°a �'�mm����*�� �MPC}
district;
2. A Watershed Protection Permit, where applicable; and
3. A Gas Well Development Site Plan.
Denial or conditional approval of any such applications shall be grounds for denial or
conditional approval of the Gas Well Permit.
B. The DRC shall review each application •���*�—�a3��s�*�c° � r�'�rh
consistent with the procedures set forth in 35.16.8 and shall determine:
1. Whether the application includes all of the information required by this sSubchapter;
44
2. Whether the application is in conformance with the applicable Gas Well
Development Site Plan, applicable S�JP���r.��e��, MPC�� r D��
. Zonin� District ar PD Zoning District; and
Whether the application is in conformance with the insurance and security
requirements set forth in Subsection 35.22.8 and Subsection 35.22.9_
_ , , _
�. . ■.
�
� � �_ �
. . ■ .� „
� „ � � •
�C.The �'��° "�°r°'�°' Oil and Gas Inspector may not ^^^�'�*��„ *'�° release e€ the approved
Gas Well Permit � until after the eOperator has provided�g_
1. the security required by Subsection 35.22.9;
2. -�1--upon the eOperator entering into a Road Damage Remediation Agreement that
will obligate the operator to repair damage excluding ordinary wear and tear, if any,
to public streets, including but not limited to, bridges caused by the operator or by the
operator's employees, agents, contractors, subcontractors or representatives in the
performance of any activity authorized by or contemplated by the approved Gas Well
Permit.-; and
3. a copy of the recordable instrument filed with the County Records Department as
required by Subsection 35.22.6.B.3.u.
�D. The failure of the DRC or the �'�~° "'��~�'��' Oil and Gas Inspector to review and
issue a Gas Well Permit within the time limits specified above shall not cause the
application for the Permit to be deemed approved.
�E.Each Gas Well Permit issued by the ��r° "� Oil and Gas Inspector shall:
1. Identify the name of each well and its eOperator;
2. Specify the date on which the �'�r° "� Oil and Gas Inspector issued each Permit;
Specify the date by which drilling shall commences e� ^* '°^^* �^° l, `�„°" ��.,°r°a
�.�. +�,° D°,.,�,;� otherwise the Permit expires (such date shall not be less than e�e-�1� 6
months ��after the date of issuance). < : :,�.� � �; ,ti�r v*°��;�r ��' *;-�° -„ , �°
„�oa ;�ev;�+;r,. ,. „a;+;,.,,� „ o +�.o �
o,
45
4. Specify that if drilling is commenced .,_. �� ..���-.��n� r��q�a�� 6,���r m��,T;�
before the Permit expires, the Permit shall continue until the wells covered by the
Permit � is abandoned and the site restored;
5. Incorporate, by reference, the insurance and security requirements set forth in
Subsection 35.22.8 and Subsection 35.22.9�
6. Incorporate, by reference, the requirement for periodic reports set forth in Subsection
35.22.11 and for Notice of Activities set forth in Subsection 35.22.12i
7. Incorporate the full text of the release of liability provisions set forth in Subsection
35.22.8.�:A. � ;
Incorporate, by reference, the conditions of the applicable Watershed Protection
�Permit, Gas Well Development Site Plan, and applicable SUP�e°���?� °er�1
MPC ��*°r D,°„r°a �'�m---�„�;*�, Zoning District, or PD'���°a T'°•�°�����-�* Zoning
District, and Gas Well Ordinance a�plicable at the initiation of the gas well drilling
and production project;
9. Incorporate, by reference, the information contained in the Permit application;
10. Incorporate, by reference, the applicable rules and regulations of the RRC",�
����, including the applicable "field rules"; —
11. Specify that no drilling operations (including the construction of internal private
access roads) shall commence until the operator has provided the security required by
Subsection 35.22.9i
12. Contain the name, address, and phone number of the person designated to receive
notices from the City, which person shall be a resident of Texas that can be served in
person or by registered or certified mail; a�
13. �-Incorporate by reference all permits and fees required by the Fire Codei.-
14. Incorporate the well's RRC permit number and the American Petroleum Institute
(API) number;
15. Incorporate, bYreference all other applicable provisions set forth in the DDC• and
16. Contain a notarized statement si ng ed by the Operator or designee that the
information is, to the best knowledge and belief of the Operator or designee is true
and correct.
17. Contain a statement that the Operator is reauired to complv with all applicable federal
and state laws and regulations, which the Citv will verifv compliance as part of its
periodic inspections.
46
F. The decision of the �'�r° "'��r°'��' Oil and Gas Insnector to deny an application for a Gas
Well Permit shall be provided to the operator in writing within ten (10) days after the
decision, including an explanation of the basis for the decision,- ��' r°�„°�*°� �" *�°
�� 'j'ji� .�Yo .,�„ tl .,N�o.,l ,,.�, .,1, ,ao,,' 1 + +l-, f�' t +' D L2 ,]
u�. n
G. If an application for a Gas Well Permit is denied by the ��,��-� Oil and Gas
Inspector, nothing herein contained shall prevent a new Permit application from being
submitted to the City for the same well.
� H. Expiration of Gas Well Permit.
A Gas Well Permit is valid for six (6) months and shall automatically expire, unless
gas well drilling and production ^^�� have commenced prior to expiration. �€-g�
r�ri��in�r ��;.,;�;o� �,.,�,o ,. v oa ,�a i�a �� +�, •+ �, ii t� a
.....�,���b .....�..i�iv.� ...,.... .�vi.i.iiviiv..�a uiiuvi u vuuu �
� .
2. If a Gas Well Permit has been issued by the City but gas well drilling and production
���shave not commenced prior to the expiration of the permit, the permit shall
not be extended unless a special exception has been ap�roved bv the Board of
Adjustment pursuant to 35.22.16; however, the eOperator may reapply for a new
pertnit�t�� ��"������ r,r,� .�, �� +
3. If gas well drilling and production haves commenced prior to the expiration of the
Gas Well Permit issued by the City, the permit shall continue, and Operator shall be
subject to an Annual Inspection and Administration fee.
4. If gas well drilling e�and production n^�� have commenced following issuance of
a Gas Well Permit by the City before the expiration date, the approved �Drilling and
�Production a�ea Site and all activities shall be subject to inspections by the City to
ensure compliance with terms and conditions of the Gas Well Permit and all
applicable standards of the DDC.
35.22.11. - Periodic Reports.
A. The-a Operator shall notify the ��r° "�^��'�^' Oil and Gas Inspector of any changes to the
following information ��m°a��*°'��, within one (1) business day after the change occurs.
L The name, address, and phone number of the eOperator;
2. The name, address, and twenty-four (24)-hour phone number of the person(s) with
supervisory authority over the �Drilling e� and Production Site;
3. The name, address, and phone number of the person designated to receive notices
from the City, which person shall be a resident of Texas that can be served in person
or by registered or certified mail; and
47
4. The e�peratar's Emergency Action �es�e�se Plan i�` i e� ��i i L� �c� fsfle �nc p�u�sua��t �c�
federal ar state la�v.-�e-� "�� " en '�'�� r '��� ,�_, � � ���
�� � �� �r
�:+o ,,,.a��,.o � ,;+�. �� r�v i �i n � Q n � „ +t,o �i.,., .,, ,n+ ; ,.i„a .t,
«
� 11...,.;.,,' oto.,,o„+�.
�.
.� i��i�.in.e:i �0�.�ia -
�� a�ii�:i�:�� �. � � s���e�n.��:
��:a � i�sei���
�
� �-L �I�S�il�il�1� f1�ii��� '����a��.���ili� _
�niiii�i
/
1.Li�� �t�l �:L�I�I�I���t
\�ti��I�p\�l� �
B. The eOperator shall provide a copy of any "incident reports" or written complaints
submitted to the RRC ' or any other state or federal agency within
thirty (30) days after the operator has notice of the existence of such reports or
complaints. This includes the recordin� of both reportable and non-reportable events as
noted in Texas Administrative Code. Title 30.
�.
C_Beginning e� the Januarv aeser�e�� after each well is snud�e�, and
continuing on each � es�e��� Januarv thereafter until the operator notifies the �e
�� Oil and Gas Inspector that the well has been plu��ed and abandoned and the
Drillin� and Production sSite restored, the operator shall prepare a written report to the
�;r° "��r°'��' Oil and Gas Inspector identifying any changes to the information that was
included in the application for the applicable Gas Well Permit that have not been
previously reported to the City.
D. The Operator� must provide a copv �e�e�s to the Oil and Gas Inspector all reports
otherwise filed with the TCEO in connection with an installed vapor recoverv unit as
described in �r ��M° �'�^^^° =r�*'^ 35.22.S.A.2.en.�a �'��" ��a° ��^�
. The Operator shall also provide the
City with copies of anv responses provided bv TCEQ. Such reports and responses shall
be kept on the Drilling and Production Site and shall be available for inspection when
requested by the Oil and Gas Inspector.
48
E. The Operator shall provide the °��'���* *� *�° City with copies filed with the RRC of the
resvective reports for setting surface casin� blowout preventer (BOP) pressure testin�
brid�e plu� testin�pressure relief valve testin� and level control testing ����*��� �����
"��d�; :T-�*�, �The Operator shall also provide the Citv with conies of anv responses
provided bv the RRC. Copies of such reports and responses shall be kept on the Drilling
and Production Site and shall be available for inspection when requested bv the Oil and
Gas Inspectar e�-a€�e�� �' a '� *�e���-.�.�a.� '� '�� +e-�e
v�"pciuce'i�F'i7iYc�ie`rcrani°ci -ccm�cu�l�
F. The Onerator shall submit a copv of a soil samplin� analvsis as required by Subsection
35.22.S.A.2.q upon re uq est bv the Oil and Gas Inspector
G. In addition to the records listed in Subsections 35.22.S.A.6.k.i and 35.22.11.B the
Operator shall provide the Citv with a copv of all records filed with the RRC and TCEQ
bv the Operator or bv third parties. Copies of such records shall be kept on the Drilling
and Production Site and shall be available for inspection when requested by the Oil and
Gas Inspector.
35.22.12. - Notice of Activities.
A. Any �e�se� Operator who intends to perform the followin� activities: (1} drill a well• (2)
re-wark a well using a drilling rig; •�3 to fracture stimulate a well �,�i�
E�ri (4) perform flow back operations• (5) plug a well- (6) perform an.�
maintenance at a Drilling and Production Site; or �7 to conduct seismic exploration not
involving explosive chargesi sha11 give written notice to the City at least te�9) two 2
days befare the activities begin. Road Damage Remediation Fees shall be paid to the City
and submitted with the Notice of Activities.
B. All dwellings within e�r° *� twelve hundred (1,2009) feet of a well shall be
notified a minimum of forty-eight (48) hours priar to the activities€r,�e��-a
�„°'� listed �n Section A.
The notice shall identify where the activities will be conducted and sha11 describe the
activities in reasonable detail, including but not limited to the duration of the
activities and the time of day they will be conducted.
2_The notice shall also provide the address and twenty-four (24)-hour phone number of
the person conducting the activities.
C�.The �e�se�� Operator E�g responsible for the activities shall � post a sign at the
entrance of e� the ��Drillin� and Production Site giving the public notice of the
activities, including the name, address, and twenty-four (24)-hour phone number of the
person conducting the activities.
49
D_If upon receipt of the notice the City determines that an inspection by the �'�r° "��r�'��'
Oil and Gas Inspector is necessary, the operatar will pay the City's customary charge for
the inspection.
E. Surface Casin�.
1. The Operator shall notifv the Inspector within 24 hours of settin� surface casing.
2. Casin�procedures shall follow RRC Rule 3.13, or any successor re ulation
F. If a proposed Drillin� and Production Site is located within e�� twelve hundred
{1,2009) feet of a�Protected U�se the Operator shall also host a nublic meetin� at a
location accessiblv convenient to surrounding propertv owners and residents at least ten
(10) davs but no more than fortv-five (45) days prior to either• �1 the public hearing
held by the Plannin� and Zoning Commission in connection with an SUP application or
(2) the submission of a Gas Well Development Site Plan if an SUP is not required. The
Operator must provide written notice of the meetin to�a11 property owners located within
one thousand (1,000) feet of the proposed Drilling and Production Site. A mailing list
that identifies each propertv and property owner shall be submitted to the Oil and Gas
Inspector for proof of compliance with this requirement. The meeting should provide
information re�arding planned activities and timelines for the site and must provide an
opportunity for citizens to ask questions about the proposed site. All notification and
meeting costs shall be borne b, t�perator.
G. All surroundin�pro�ertv owners, businesses and residents within m°�a� twelve
hundred (1,2008) feet of a Drillin� and Production Site shall be notified a minimum of
fortv-ei�ht �48) hours prior to fracturing of a wellhead. In addition at least two �2)
business davs before fracturing operations commence, the Operator shall post a si�
the entrance of the site advisin t�he public of the date the ot�erations will be�in and send
notice to the Citv.
35.22.13. - Amended Gas Well Permits.
A. AneOperator may submit an application to the ��r° "��r�'��' Oil and Gas Insbector to
amend existing gGas W�ell P�ermits to:
Commence drilling from a new drill site that is not shown on (or incorporated by
reference as part o� the existing permit;
2. To relocate a drill site or operation site that is shown on (or incorporated by reference
as part o� the existing Gas �14Telfl �Permit; or
To otherwise amend the existing �as Well �Permit, for land subject to the same
approved Gas Well Development Site Plan.
50
B. Applications for amended Gas Well Permits shall be in writing, shall be on forms
provided by the Department of Planning and Development, shall be signed by the
operator, and shall include the following:
1. The application fee as set by City ardinance;
2. A description of the proposed amendments;
3. Any changes to the information submitted with the application for the existing Gas
Well Permit (if such information has not previously been provided to the City);
4. Such additional information as is reasonably required by the �'�r° "�^-�°'��' Oil and
Gas Inspector to demonstrate compliance with the applicable Gas Well Development
Site Plan, applicable SUPFec�f`�--i��c�� or PD�ec�Bevek�ne���e�
District; and
5. Such additional information as is reasonably required by the ��A4�n� Oil and
Gas Inspector to prevent imminent destruction of property or injury to persons.
C. All applications for amended Gas Well Permits shall be filed with the Department of
Planning and Development, and the Department shall immediately forward all
applications to the ���° "'��r�'�°' Oil and Gas Inspector for review. Incomplete
applications may be returned to the applicant, in which case the City shall provide a
written explanation of the deficiencies; however, the City may retain a processing fee as
determined by the ���° "����'��' pil and Gas Inspector. The City may return any
application as incomplete if there is a dispute pending before the RRC�
�=��� regarding the determination of the eOperator.
D. If the activities proposed by the amendment are not materially different from the
activities covered by the existing Gas Well Permit or Gas Well Development Site Plan,
and if the proposed activities are in conformance with the applicable Watershed
Protection Permit, Gas Well Development Site Plan, applicable SUPr°_if _ T T�° D°_-�:� or
Detailed Plan in a p'°„^°a T�°z °'�-��°^* �PD� � District, or site-specific authorization in
a�:� *°r D'°^„°�' �'��-„„„;*., 'MPC}--� District, then the nr° "� Oil and Gas
Ins�ector shall approve the amendment within ten (10) days after the application is filed.
E. If the activities proposed by the amendment are materially different from the activities
covered by the existing gas well permit, and if the proposed activities are in conformance
with the applicable Watershed Protection Permit, Gas Well Development Site Plan,
applicable SbJPP�e�f'�,.,e-�� or Detailed Plan in a D'�„-�°� '-'°•,°���m°^* �pD�
�District; or site-specific authorization in a�°*°r p��TM�°� r�m-r„r:*= �MPC3 �District,
then the �'�r° "'��r�'��' Oil and Gas Inspector shall approve the amendment within thirty
(30) days after the application is filed. In addition, if the activities proposed by the
amendment are materially different or, in the judgment of the �'��° "��r°'��� Oil and Gas
Ins ep ctor, might create a risk of imminent destruction of property or injury to persons
that was not associated with the activities covered by the existing permit or that was not
51
otherwise taken into consideration by the existing permit, the �'�r° T��r���� Oil and Gas
Inspector may require the amendment to be processed as a new Gas Well Permit
application.
F. The failure of the �'�r° "��r�'��' Oil and Gas Inspector to review and issue an amended
Gas Well Permit within the time limits specified above shall not cause the application for
the amended Permit to be deemed approved.
G. The decision of the �'��° "���°'��� Oil and Gas Inspector to deny an amendment to a Gas
Well Permit shall be provided to the operator in writing within ten (10) days after the
decision, including an explanation of the basis for the decision. The operator may appeal
any such denial *^ *'�° ��*�r r^���^�' in accordance with Section 35.22.i6.A.l.
35.22.14. - Transfer of Gas Well Permits.
A Gas Well Permit may be transferred by the eOperator withetr� the written consent of the
City if the transfer is in writing signed by both parties, if the transferee agrees to be bound by
the terms and conditions of the transferred Permit, if all information previously provided to
the City as part of the application for the transferred Permit is updated to reflect any changes,
and if the transferee provides the insurance and security required by Section 35.22.8 and
Section 35.22.9. The insurance and security provided by the transferor shall be released if a
copy of the written transfer is provided to the City and all other requirements provided in this
subsection are satisfied. The transfer shall not relieve the transferor from any liability to the
City arising out of any activities conducted prior to the transfer.
35.22.15. - Inspection.
A. The �'�r° "'��r°'�°' �„a��r +'�° a0i1 and gGas �Inspector shall have the authority to issue
any orders or directives required to carry out the intent and purpose of this Subchapter.
Failure of any person to comply with any such order or directive shall constitute a
violation of this Subchapter.
B. The ��r° "��r°'��' ^r +'�° e0i1 and gGas �Inspector shall have the authority to enter and
inspect any premises covered by the provisions of this subchapter, to determine
compliance with its provisions, and all applicable laws, rules, regulations, standards, or
directives of any local state or federal authority.
C. Pursuant to inspection authoritv �ranted by the Texas �lean Air Act and the Texas Water
Code, �the e0i1 and gGas �Inspector shall conduct periodic inspections of all wells
permitted under this Subchapter.
D. Inspections mav include periodic evaluations of air quality both on and at the boundarv
of, Drillin� and,�e� Production Sites. Inspections will also include an evaluation of
Operator conformance with their Hazardous Materials Management Plan and other
a�plicable requirements to their site.
52
- ��.���0�� ��G�,.,�� �
• • _i �.e�:.�r.:S�:u"v..��:�.��:�.,�:. ' " • ' ��r
v :.��� nis�.��e�C�:..O..��.� �0��
� .. y:. _ ia�'a�ni��i�=
��-1-��i :le� s��Ga: .
±i�e. ' \ �
35.22.16�. — �r�e�sAppeals and variances.
A. Procedures.
1. The Board of Adjustment shall hear and decide appeals of orders decisions or
determinations made by the Oil and Gas Insnector relative to the ap�lication and
interpretation of this Subchapter, except for those matters described in Sections
35.22.4.F.3� and 35.22.17�; furthermore the Board of Adjustment shall hear and
decide reQuests for variances to the provisions of this Subchapter under the relevant
criteria set forth below. The Board mav also �rant a special exception extendin� the
expiration date of a Gas Well Development Site Plan or a Gas Well Permit for a
period not to exceed one �pursuant to the criteria set forth below. An,�perator
who desires to appeal the ty�e of action described in this subsection ar to iile a
variance ��seEt�rs ^.�r '� �'��-�° mav file an appeal or variance to the Board of
Adjustment pursuant to procedural process outlined in Section 353.6:E of the DDC.
Appeal fees shall be reQUired for ever�ppeal or variance request, ••T'���'^ f°° �'��"'�°
°°�°�' �°r ���°". The Board of Adjustment shall review the appeal or variance and
any other related information.
a. Standard of review for appeals. The members of the Board of Adiustment
shall have and exercise the authority to hear and determine appeals where it is
alle�ed there is error or abuse of discretion re� tg he approval or denial of a
Gas Well Development Site Plan, or the issuance or non-issuance of a Gas Well
Permit.
b. Standard of review for variances. In decidin� variance reauests the Board of
Adjustment shall consider, where applicable, the following relevant criteria:
i. Whether there are special circumstances existin o�propertv on which the
application is made related to size, shape, area, topo�raphy, surrounding
conditions and location that do not appl� eg nerallv to other property in the
vicini •
ii. Whether a variance is necessar�permit the applicant the same ri�hts in the
use of his nropertv that are presentl�L e�y other similarly situated
53
properties, but which ri�hts are denied to the �roperty on which the
application is made;
iii. Whether the ranting of the variance on the specific property will adversely
affect any other feature of the comprehensive master nlan of the town•
iv. Whether the variance, if �ranted, will be of no material detriment to the public
welfare or injurv to the use enjoyment or value of propertv in the vicinit�
v. Whether the operations proposed are reasonable under the circumstances and
conditions prevailin� in the vicinitv considering the particular location and the
character of the improvements located there;
vi. Whether the drilling of the maximum number of potential wells for the
proposed drill site would conflict with the orderlv �rowth and development of
the town;
vii. Whether there are other alternative well site locations:
viii. Whether the operations proposed are consistent with the health safety and
welfare of the public when and if conducted in accordance with the oil gas or
combined well nermit conditions to be imnosed;
ix. Whether the ouerations probosed are consistent with protecting the ecolo i�'cal
inte r��ity and environmental qualitv, includin� protection of surface and
�round water sources, of potentiallv impacted environmentallv sensitive areas•
x. Whether there is reasonable access for town fire nersonnel and firefi�hting
equipment, includin� the abilitv to safely evacuate potentiallv affected
residents; a�
xi. Whether the im act u on the ad'acent ro ert ies and the eneral ublic b
operations conducted in comnliance with the oil, �as or combined well nermit
conditions are reasonable and justified, balancing the following factors:
1. The reasonable use of the mineral estate by the mineral estate owner(sl to
explore, develop, and produce the minerals: and
2. The availability of alternative drilling sites.-� and
54
xii. Where a variance is requested to reduce separation standards in 35 22 5 A 1
in addition to other relevant criteria, the extent to which owners of Protected
Uses, or freshwater wells currentiv in use or previouslv platted subdivision
where one or more lots have habitable structures, have consented to the
reduction in separation standards in writin�
c. The Board of Adjustment shall determine whether to �rant an extension of the
expiration date for a Gas Well Development Site Plan or Gas Well Permit based
u�on whether there are circumstances reasonably bevond the control of the
Operator, includin�an�y on the part of the Citv in issuing subsequent
permits, that iustifv an extension of the Site Plan or Permit in order that the
Operator ma T�enjoy the same rights in the use of the property that are presentlX
enjoYed bv other similarly situated properties, but which ri�hts are denied to the
property for which the Site Plan or Permit expires.
£2. The Board of Adjustment mav reverse or affirm in whole or in part or modi the
e0i1 and gGas �Insnector's order, requirement, decision or determination from which
an appeal is taken and make the correct order, requirement, decision or determination
from which an appeal is taken and make the correct order, rec�uirement decision or
determination. The Board of Adjustment may issue a variance to the a�plicant under
the criteria referenced in Subsection A.l .b., and may grant a special exception under
the criteria referenced in A.l.c. Anv action under this subsection�„�'•�a�r�- *'�°
��E�-e�o���Ee-�t�o�i-ae�t�i�s-a�c�e; shall reauire a three-fourths
majority vote of the entire Board of Adjustment '
�3. Anv Operator a�grieved bY anv decision of the Board of Adjustment mav present to a
court of record a petition, duly verified, statin� that such decision is ille�al in whole
or in nart, and specifying the �rounds of the alle ed ille� . Such petition shall be
presented within ten days after the date on which the decision of the Board of
Adjustment was rendered and not thereafter, and judicial review of the petition shall
bepursuant to Texas Local Government Code, $ 211.011, as amended.
B. Watershed Permit Appeals.
1. The applicant may appeal the denial or conditional approval of a Watershed
Protection Permit on �rounds pertaining to the standards in Subsection 35.22.S.A.6
and 35.22.S.A.8 to the Plannin� and Zoning Commission within ten (10) calendar
davs of the decision bv the DRC. In decidin tg he a�peal the Planning and Zonin�
Commission shall decide the appeal based upon the standards made applicable to the
permit bv Subsection 35.22.S.A.6 and 35.22.S.A.8.
55
2. The applicant mav file a petition for review pursuant to Subsection 35 22 5 A 6 and
35.22.S.A.B on grounds therein suecified to the Citv Council within ten (10) calendar
davs of the decision bv the Planning and Zonin� Commission The Council shall
decide the petition based upon the criteria in Subsection 35.22.S.A.6 and 35 22 5 A 8
C. Preemption Appeal.
1. Purpose. The re�ulation of �as well drillin� and production in this subchapter
potentiall overlaps with regulation of gas well drillin� and production by the State of
Texas and the United States of America. The purpose of this section is to afford
Operators the opportunitv to demonstrate to the Citv that one or more standards or
procedures contained in this subchapter are preempted bv state or federal law
2. Petition Contents. An Operator who is aggrieved bv the promul�ation or
application of the standards or procedures in this subcha,pter and who claims that one
or more such standards or procedures are preempted by state or federal law shall
submit a netition to the Oil and Gas Well Inspector explainin� the factual and le�al
bases unon which the Operator relies to support his contention that a re�ulation in this
subchapter is preempted. The petition shall be accompanied bv an unconditional
waiver of anv statutorv time periods or time periods established by ordinance for
review of anv filed applications which are the subject of the petition. The petition
shall include, at a minimum, the followin�:
a. The name, mailin� address phone number and fax number of the person ,or the
person's duly authorized a ent);
b. Identification of all property owned or under the control of the Operator that is
affected b� t�he preemption claim;
c. Identification of the permit a�plications for which the ap�licant seeks relief under
this section;
d. Identification of all regulations in this subchapter that the petitioner contends do
not applv to the project due to preemption of the subject matter bv state or federal
law;
e. For each re�ulation in this subchapter that is the subject of the Operator's
preemption claim, specification of the state or federal law standard
administrative rule or arder that allegedl�preempts the re�ulation to�ether with
an exnlanation of whv such law, standard, administrative rule or order preempts
the regulation.
3. Procedure and Decision.
The Oil and Gas Inspector shall first determine whether the application is complete
pursuant to DDC section 35.16.8. Ov�ce the application has been determined to be or
56
is deemed complete the Director shall forward the preemption petition to�ether with
the reQuired supportin� information or documentation to the Citv Mana�er and City
Attornev for their respective reviews. Prior to rendering his final determination the
City Mana�er mav request a pre-determination conference with the petitioner to
discuss the preemption claim and to ensure that the nature of the claim is fully and
completely understood by the Citv Manager. The City Manager after consultation
with the Citv Attornev, shall render a final administrative determination that grants
the relief requested in the petition in whole or in part or denies the requested relief in
whole or in part within 30 davs of the date the petition is complete. The City
Mana�er's determination shall include a statement of the reasons for the decision and
shall identi the re�ulations that are preempted on their face or as applied to the
petitioner's permit application(s) for approval under this subchapter The Citv_
Mana�er mav also recommend to the Citv Council that one or more regulations
contained in this subchapter should be repealed or modified so as to avoid other
preemption claims.
35.22.17�b. - Remedies of the City.
A. If an eOperator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of a Gas Well Permit (including
any requirement incorporated by reference as part of the Permit), the Fire Marshal or e0i1
and gGas �Inspector � may, in connection with or separate from 3 5.22.18�, give
written notice to the operator specifying the nature of the alleged failure and giving the
eOperator a reasonable time to cure, taking into consideration the nature and extent of the
alleged failure, the extent of the efforts required to cure, and the potential impact on the
health, safety, and welfare of the community. The Operator shall respond in writing
within fort�ght (48) hours and indicate how the violation(s) shall be cured. In no event,
however, shall the cure period be less than thirty (30) days unless the alleged failure
presents a risk of imminent destruction of property or injury to persons or unless the
alleged failure involves the operator's failure to provide periodic reports. The Fire
Marshal or e0i1 and gGas �Inspector may issue a Stop Work Order under the Fire Code.
B. If the eOperator does not cure the alleged failure within the time specified by the Fire
Marshal and/or e0i1 and gGas �Inspector, the Fire Marshal and/or e0il and gGas
�Inspector may notify the RRC ' and request that the RRC�'�
��i�ss�e� take appropriate action (with a copy of such notice provided to the
operator), and the City may pursue any other remedy available.
C. If the operator does not cure the alleged failure within the time specified by the Fire
Marshal and/or a0i1 and gGas }Inspector, the n�e-��^� Oeil and gGas
}Inspector may upon recommendation of the �^^�+^,^+;^^ na.^°^^, T�^^ra Health and
Building Standards Commission:
1. Recommend to the City Council that the Gas Well Permit be suspended until the
alleged failure is cured; or,
57
2. Tf �L.o �ll,-.�,..,+,.� f�ils' + '�' � ,1 ,7'1' +l
__ ____ =r___..,_ ., �., ..__,.�._ K..,. �...b_...�., r,,,..,��. �",,,� �Recommend to the City
Council that the Gas Well Permit be revoked, if after prior suspension the Operator
does not cure the alle�ed failure..-
D. The decision of the Fire Marshal and/or a0i1 and gGas }Inspector to recommend
suspension or revocation of a Gas Well Permit shall be provided to the eOperator in
writing at least ten (10) days before any action by the City Council unless the alleged
failure present a risk of imminent destruction of property or injury to persons.
E. If a Gas Well Permit is revoked, the eOperator may submit �nformation to the Oil and
Gas Well Inspector evidencing that the alleged failure resulting in the revocation of the
Gas Well Permit have been corrected, and an application for a new Gas Well Permit mav
be submitted for the same well.
35.22.18�. - Enforcements, Right of Entry.
A. The Fire Marshal and the e0i1 and gGas �Inspector are authorized and directed to enforce
this Subchapter and the provisions of any Gas Well Permit. Whenever necessary to
enforce any provision of this Subchapter or a Gas Well Permit, ar whenever there is
reasonable cause to believe there has been a violation of this Subchapter or a Gas Well
Permit, the Fire Marshal or e0i1 and gGas }Inspector, may enter upon any property
covered by this Subchapter or a Gas Well Permit at any reasonable time to inspect or
perform any duty imposed by this Subchapter. If entry is refused, the City shall have
recourse to every remedy provided by law and equity to gain entry.
B. 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 Subchapter;
2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this
Subchapter; ar
3. Violate any provision or requirement set forth under this Subchapter.
C. The enforcement and penalty provision under Subsection 35.1.10.4 shall apply to a
violation of this Subchapter.
D. The Fire Marshal or Oil and Gas Inspector is authorized to issue citations into municipal
court for violations of this Subchapter or Gas Well Permit.
E. The Citv mav also notify the EPA TCEQ RRC or other applicable federal or state
�encv in connection with violations of this Subchapter.
58
EXHIBIT "2"
Clean Ordinance Version
35.22.1. - Purpose, Authority and Applicability.
A. Purpose. The drilling and production of gas and the development of gas well facilities
within the corporate limits of the City necessitate promulgation of reasonable regulations
to prevent devaluation of property; to protect watersheds; to prevent deleterious uses of
groundwater resources that actually or potentially threaten the health of persons in
proximity to drilling and production activities; to prevent or moderate noxious emissions
of gases that potentially threaten the"heal'th of nearby residerits and employees; to prevent
injury to persons and property; to ensure that gas well drilling and production activities
are compatible with adjacent land uses throughout the duration of such activities; and to
� assure that such activities conform to The Denton Plan. The regulations contained in this
Subchapter are designed to protect the health, safety, and general welfare of the public
and to assure that the orderly and practical development of mineral resources is
compatible with the quiet enjoyment of affected surface estates. The regulations
contained in this Subchapter are designed to implement the purposes set forth in this
subseetion and a�e s�pp�rt�d�k�y °t�1ze �ol.lQwing findir�gs�of�iact:
1. Gas well drilling and production activities create externalities that potentially threaten
the health, safefiy and general welfare of persons residing or �orl�ing on property in
proximity to such operations.
2. Gas well drilling and product�on activities, in the absence of local regulatory controls,
may generate noxious aerial emissions, introduce contaminants into groundwater,
emit high noise levels, produce large volumes of dust, conge�t �ocal s#reets, present
fire hazards and produce other deleterious effects, all of which fall disproportionately
on adjacent land uses, and whicli can result individually or cumulatively in injury to
persons and destabilization of property values in the vicinity of such operations.
3. The City of Denton recognizes that the United States and the State of Texas regulate
gas well drilling and production activities for the purpose of implementing .broad air
quality and water quality goals. The regulations in this Chapter are intended to
supplement such standards in order to implement compatible local objectives that
assure the health, safety and general welfare of the City's residents and businesses.
B. Authority. This Subchapter is adopted pursuant to autharity vested under the
constitution and laws of the United States, the State of Texas and the City of Denton.
Each authorization identified in this Subchapter shall be construed as an exercise of the
City's zoning powers, pursuant to the Denton City Charter, Texas .L�acal Gouernment
Code Chapters 211 and 212 and the provisions of Subchapter 35.5 of the Denton
Development Code (DDC).
C. Applicability. The provisions of this Subchapter apply only within the corporate limits
of the City of Denton, except as otherwise stated in section 35.16.19 of the DDC. -
35.22.2. - Definitions.
All technical i��l�stry�swords or phrases rel�ated �to, the =drilling and production of gas wells not
specifically defined shall have the meanings customarily attributable thereto by prudent
operators in the gas industry. For the purposes of this Subchapter, the following definitions,
without regard to whether the defined terms are capitalized when used, sha11 apply unless the
context clearly indicates or requires a different meaning.
Ambient Noise"ZeVel. An all-encompassing noise' level associated with a given environment. A
composite of sounds from all sources (excluding the noise in question) at the location and
approximate time at which a comparison with the noise in question is to be made. In this context,
the ambient noise level constitutes the normal or existing level of environmental noise at a given
location. The ambient noise level is established by recording sounds from a11 sources (excluding
the noise in question) over a continuous seventy-two (72) hours period at the location prior to
drilling. The seventy-two (72) hour time span shall include at least one twenty-four (24) hour
reading during either a Saturday or Sunday.
Blowout Preventer (BOP). A mechanical, hydraulic, or pneumatic apparatus, or combination of
such apparati, that can be secured over top of an open wellbore, or drill pipe or casing tubular
that„ via rernote �ctuators, can be actuated �reinotely in the event that an emergency well control
situation arises. The primary function of the BOP is to shut the well and to regain pressure
control of the formation fluids from blowing out of the well.
Closed-loop mud system. A system that uses a combination of solids control equipment
incorporated in a series of steel tanks that eliminates the use of a pit.
Commencement of Drilling Activities. The reflection of either "Spud Well" or "Nipple Up" the
Blow Out Protectors (BOP) by the drilling contractor on the IADC-API Daily Drilling Report
Form maintained by the Operator's tool pusher on the pad site.
Completion combustion device. Any ignition device, installed horizontally or vertically, used
in exploration and production operations to combust otherwise vented emissions from
completions.
Completion of drilling, re-drilling and re-working. The date the work is completed for
drilling, re-drilling, or re-workirig, and the crew is released by completing its work or contracted
by its employer.
Compressor station. A facility that compresses natural gas for delivery by pipeline. through.a
transmission pipeline.
Contaminant. Any substance capable of contaminating a non-related homogeneous material,
fluid, gas or environment.
�a
Daytime. The period from 7:00 a.m. to 7:00 p.m., Monday through Friday; and from 8:00 a.m. to
5:00 p.m., Saturdays and Sundays.
Delineation well. A well drilled in order to determine the boundary of a field or producing
reservoiT.
Drilling. Term used to typically describe the means by which the earth is bored to create a
pathway to formatzons containing hydrocarbons to allow for their production to the surface. It
can employ various types of mobilized drilling equipment to create a wellbore while
incorporating drilling fluids to cool the bit, to condition the hole, to remove drilled cuttings and,
most critically, to maintain an overbalanced pressure gradierit against the formation that may
contained inherently pressurized well fluids.
Drilling and Production Site (A/K/A Gas Well Park, Gas Well Pad Site, and Drilling and
Production Area). The area dedicated to all gas well drilling or production activities, or both,
including the drilling and production area, all structures, closed-loop systems, dehydrators,
parking areas, security cameras, lighting, tanks, tank battery (or any other tank grouping area),
drilling rigs, separators, compressors as associated with gathering lines, perimeter wa11s, utilities,
and all other %earur�s or �abjects°contemplated for use during and after °gas well drilling or
production activities, as designated on the Gas Well Development Plat ar Gas Well Development
Site Plan. Excluded from this definition are gathering and transmission lines and compressor
stations.
Drill Site. The area used `for drilling; completing, or re-working a well.
Emergency Action Plan (EAP). A written document which includes a set of procedures
intended to guide an organization's �esponse to an accident or ernergency.
Exploration. Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons.
Field Natural Gas. Natural gas extracted from a production well prior to entering the first stage
of processing, such as dehydration.
Flowback. The process of allowing fluids to flow from a natural ,gas well following a treatment,
either in preparation for a subsequent phase of treatment or in preparation for cleanup and
returning the well to production. The flowback period begins when material introduced into the
well during the treatment returns to the surface immediately following hydraulic fracturing or
refracturing. The flowback period ends with either well shut in or when the well is producing
continuously to the flow line or to a storage vessel for collection, whichever occurs first.
Freshwater Well. A private water well used by' a Protected Use.
3
Gas. Gas or natural gas, as such terms are used in the rules, regulations, or forms of the RRC.
Typically, a naturally-occurring gaseous substance primarily composed of inethane and other
light, gaseous hydrocarbons.
Gas Processing Facility. A processing site engaged in the extraction of natural gas liquids from
field natural�gas;��or°the�fractionation•df�rnixed natural gas liquids to natural gas products, or a
combination of both.
Gas Production (A/K/A Production). The phase that occurs after successful exploration,
drilling and development involving operations including, but not limited to, gas wells, tanks,
dehydrators, separators, mud pits, ponds, tank batteries or associated mechanical equipment, and
during which 'hyclrocarbons are extracted "from the gas field, excluding those operations and
facilities as defined and regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101—
60137.
Gas Well. Any well drilled for the production of gas or classified as a gas well under the Texas
Natural Resources Code.
Gas Well Permit. Any written license granted by the City of Denton for the exploration,
drilling, development, production,� and crp�eration of natural gas, issued pursuant to rules and
regulations of this Subchapter. A Gas Well Permit is required for each well.
Habitable Structure. Structures suitable • for human habitation or occupation for which a
Certificate of Occupancy or Final Inspection Certificate is required, including but not limited to
single or multi-family dwellings, accessory guest houses, hotels, condominium buildings, public
buildings, and enclosed buildings used for commercial or industrial purposes. A habitable
structure shall not include accessory buildings, barns, garages and sheds.
Hazardous Materials Mana�ement Plan. The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
Hydraulic Fracturing. The process of directing pressurized fluids containing any combination
of water, proppant, and any added chemicals to penetrate tight formations, such as shale or coal
formations, that subsequently require high rate, extended flowback to expel fracture fluids and
solids durxng completions.
Hydraulic Refracturing. Conducting a subsequent hydraulic fracturing operation at a well that.
has previously undergone a hydraulic fracturing operation.
Lift Compressor. A mechanized device that compresses gas prior to its introduction into a well
for use in lifting well liquids to the surface. °
Lightning Protection System. An integrated system designed to ground metal equipment on a
rig, well pad or at a tank battery location for protection against electrical shock, fire or explosion
due to lightning.
�
Line Compressor. An electrical or gas-powered-pumping device that increases the pressure of
natural gas so that its pressure exceeds that of the inherent line pressure of the pipe to which it is
being introduced.
Liner. In pit construction, a liner is an impervious material, either synthetic or natural, that is
used to line t�e �y7rteii�i- df �a �pit° to prev�nt �it �flnids frorn leaking or leaching into the
environment. In well construction, a liner is a tubular sheath employed downhole for a variety of
purposes, such as isolating a particular zone, repairing casing leaks, augmenting the integrity of
the hole size, among others.
Low pressure gas well. A well with reservoir pressure and vertical well depth such that 0.445
times the reservoir pressure' �in psia) minus '0:03 8 times 'the vertical well depth (in feet) minus
67.578 psia is less than the flow line pressure at the sales meter,
New Well. A well bore drilled from surface or new lateral wellbore drilled from an existing
vertical pilot hole at a depth different from other laterals in the same well; or a section of an
existing well that is purposefully deviated or "kicked-offl' around an abandoned �lower section of
the initial hole. Not to be confused with recompletion.
Nighttime. T�� �perio�l��comm�encing at 7:00 p.m.� �and ending�•-at 7•:00 a.m., Monday through
Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays.
Nipple Up. T�ie �proeess of assembling well-control or pressi�re-control equipment on the
wellhead.
Oil and Gas Inspector or Inspector. An inspector designated by the City of Denton that is
responsible for evaluating the impacts of exploration, development, and production of oil and/or
gas wells. Responsibilities include environmentally sensitive areas review, erosion control
inspection, monitoring, and evaluating compliance, with federal, state, and local regulations.
Also responsible for processing and approving Gas Well Development Plat, Gas Well
Development Site Plan and Gas Well Permit applications.
Operator. The person(s) in charge and in control of drilling, maintaining, operating, pumping,
or controlling any well or pipeline including without limitation, a unit operator.
Petroleum Specialist. A person familiar with and educated in the oil and gas industry who has
been retained by the City.
Pit. A temporary or permanent containment for circulated fluids. A pit shall include:
Completion/Workover pit: Pit used for storage or disposal of spent completion fluids,
workover, fluids and drilling fluid, silt, debris, water, brine, oil scum, paraffin, or other
materials which have been cleaned out of the wellbore of a well being completed or
worked over.
E
Drilling fluid disposal pit: Pit, other than a reserve pit, usecl for disposal of spent drilling
fluid.
Fresh makeup water pit: Pit used in conjunction with drilling rig for storage of water
used to make up drilling fluid. ^
Mud circulation pit: Pit used in conjunction with drilling rig for storage of drilling fluid �
currently being used in drilling operations.
Reserve pit: Pit used in conjunctior� with drilling rig for collecting spent drilling fluids;
cuttings, sands, and silts; and wash water used for cleaning drill pipe and other equipment
at the well "site. Reserve pits are sometimes referred to as slush pits or mud pits.
Saltwater disposal pit: Pit used for disposal of produced saltwater.
Washout pit: Pit located at a truck yard, tank yard, or disposal facility for storage or
disposal of oil and gas waste residue washed out of trucks, mobile tanks, or skid-mounted
tanks.
Water �Conde�nsate pit: Pit �zsed in conjunction with �a gas pipeline drip or gas compressor
station for storage or disposal of fresh water condensed from natural gas.
Plugging and Abandonment. "Plugging" as defined by the RRC and includes the plugging of
the well, abandoned, orphaned or otherwise, and restoration of the Drilling and Production Site
as required by this Subchapter.
Protected Use. Any dwelling, church, public park, public library, hospital, pre-lcindergarten,
kindergarten or elementary, middle or high school, public pool, public transit center, senior
center, public recreation center, hotel or motel.
Railroad Commission (RRC). The Railroad Commission of Texas.
Reduced emissions completion. A well completion following fracturing or refracturing where
gas flowback that is otherwise vented is captured, cleaned, and routed to the flow line or
collection system, re-injected into the well or another well, used as an on-site fiiel source, or used
for other useful purpose that a purchased fuel or raw material would serve, with no direct release
to the atmosphere.
Re-working. Re-completion or re-entry of an existing well, whether producing or non-
producing, within the existing bore hole or by deepening or sidetrack operations which do not
extend more than one hundred iifty (150) feet from the existing well bore, or replacement of well
liners or casings. �
Site-speci�c authorization means the prior approval by ordinance of City Council, of one or
more specifically located and deiined gas well site locations, subject to further site design,
0
development, regulatory and permitting requirements, as set forth in this Code or as specified
within the site approval ordinance (or both), as applicable.
Spud. The first time the drill bit enters the ground for gas well drilling and production.
Tank: °74�natural°�r�inan�made cont�iner; �covered or uncovered, in �which`to stare, contain or mix
liquids or hydrocarbons used or produced in conjunction with the drilling, stimulation or
production operations of an oil or gas well.
Technical advisor. Such person(s) familiar with and educated in the oil and gas industry or the
law as it relates to oil and gas matters who may be retained from time to time by the City of
Denton.
Well. A hole or bore drilled to any horizon, formation, or strata for the purpose of producing
natural gas, or liquid hydrocarbons.
Well completion. The process that allows for the flowback of petroleum or natural gas from
newly drilled wells to expel drilling and reservoir fluids and tests the reservoir flow
characteristics, which may vent produced hydrocarbons to the atmosphere via an open pit or
tank.
Well completion operation. Any well completion with fracturing or refracturing occurring at a
gas well affected facility.
Wildcat well. A well outside known fields or the first well drilled in an oil or gas field where no
other oil and gas production exists.
Workover Operation. Work performed on a well after its initial completion to secure
production where there has been none, to restore production that has ceased, or to enhance or
increase production within the zone originally completed.
35.22.3. - Zoning District Classi�cations for Gas Well Drilling and Production.
A. The drilling and production of gas within the corporate limits of the City shall be
permitted by right within the Rural Residential (RD-5) or within any unzoned area of the
City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC),
Neighborhood Residential 1(NR-1), Neighborhood Residential 2(NR-2), Regional
Center Commercial Neighborhood (RCC-1�, Regional Center Commercial Downtown
(RCC-D), Employment Center Commercial (EGC), Employment Center Industrial (EC-
I), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning
Districts, except as provided in subsection B, and subject to cornpliance with the
requirements of this Subchapter.
B. The drilling and production of gas within the corporate limits of the City in all other
zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter
35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or
7
site-specific authorization in Master Planned Community (MPC) district.
Notwithstanding the provisions of Subsection A, approval of a Specific Use �'ermit also
shall be required for gas well drilling and production on any land located within the 100-
year flood fringe or within one thousand, two hundred (1,200) feet of the flood pool
elevation of Lake Ray Roberts or Lake Lewisville.
1. An application for a Specific Use Permit, or site-specific authorization in a planned
development district (PD) or master planned community district (MPC), for the
drilling and production of a gas well shall be filed by the person having legal
authority to do so. That person is presumed to be the record owner, mineral owner, or
the duly authorized agent of either the record owner or the mineral owner. The
" Director of "I'lanriing and ""Developr'rient may require an applicant to submit
information of authority to file an application.
2. The Chairman of the DRC has the authority to establish requirements for applications
in the Application Criteria Manual. No application shall be accepted for filing until it
is complete and the fee established by the City Council of the City of Denton has
been paid. Incomplete applications shall be returned less a fee for processing
determined by the Director of Planning and Development.
3. Approval of a SUP, a detailed plan in a PD District or site-specific authorization in a
MPC district, shall be conditioned on compliance with the requirements of this
Subchapter.
35.22.4. - Required Authorization for �a's Well Drilling and Production in City Limits.
A. No gas well drilling or production activities may commence within the City limits until
the following authorizations have been obtained, in the following sequence:
1. Approval of a Specific Use Permit, where required by Section 35.22.3.B, approval of
a Detailed Plan in a PD district, or site-specific authorization in a MPC district;
2. Approval of a Watershed Protection Permit, where location of any gas well drilling or
production activities is proposed on land in the flood fringe or in an Environmentally
Sensitive Area (ESA), subject to the application req�irements and standards of
Section 35.22.S.A.8;
3. Approval of a Gas Well Development Site Plan, subject to the application
requirements and standards of Section 35.22.6; and
4. Approval of a Gas Well Permit, subject to the application requirements and standards
of Section 35.22.7.
B. An application for any authorization for gas well drilling and production listed in
Subsection A may be submitted simultaneously with any other listed application, but the
applications must be approved in the numerical order listed. No subsequent application
8
shall be determined to be complete and hereby is deemed to be incomplete until all
required prior applications have been approved, and no completeness determination shall
be made until such prior applications have been approved.
C. Approved applications for gas well drilling and production shall expire under the
°following -��ircur��tanc�;s :
1. A Specific Use Permit, or site-specific authorization in a PD district or MPC district,
expires according to its terms;
2. A Watershed Protection Permit expires with the expiration of a Gas Well
Development' Site'Plan.
3. A Gas Well Development Site Plan expires unless a complete application for a Gas
Well Permit has been filed within one (1) years of the date of approval of the site
plan.
4. A Gas Well Permit expires if gas well drilling activities have not commenced within
six (6) months of the date of approval of the Gas Well Permit.
5. The expiration of any subsequent application results in the expiration of all prior
approved applications for the same activity.
D. Approved applications for gas well drilling and production may not be extended prior to
expiration. Following expiration of an approved application for gas well drilling and
production, a new application must be submitted, which shall be subject to all DDC
standards and procedures then in effect.
E. The authorizations required by this Subchapter are in addition to, and not in lieu of, any
permits that may be required by any other provision of the Denton City Code or by any
other government agency. '
F. Legal Non-Conformity; Exceptions.
1. The provisions of Subchapter 11 are applicable to gas well drilling and production
activities. For purposes of Subchapter 11, the drilling of a new gas well and
associated production activities do not constitute an existing use. Every Operator of a
Drilling and Production Site that has been annexed into the City shall register the
Drilling and Production Site within 30 days of the effective date of the annexation.
2. Unless the City determines that an exemption provided under Texas Local
Government Code, Section 245.004 or successor statute applies to an ainendment to
the standards and procedures in DDC Subchapters 35.16, 35.22 and 35.23, or that
Texas Local Government Code, Chapter 245 otherwise is inapplicable to permits for
gas well drilling and production, such standards or procedures, except to the extent
necessary to give effect to this subsection F, do not apply to the authorizations
E
identified in subsection 35.22.4.A, if,, on the effective date of such amendatory
ordinance, the following circumstances existed:
a. For a specific use permit, an application was pending on the effective date of the
amendatory ordinance; or �
b. For a detailed plan for a PD district created on or after April 27, 2005, an
application for the detailed plan was pending on the effective date of the
amendatory ordinance; or
c. For a detailed plan for a PD district created on or after April 27, 2005, but before
the effective date of the amendatory ordinance, an application for the detailed
plan submitted after the effective date of the amendatory ordinance was pursuant
to a conceptual plan for development approved with the ordinance establishing
the PD district that identifies the location and the nature and extent of the
activities to be developed on land designated for future gas well drilling or
production; or
d. For a Gas Well Development Site Plan or Gas Well Development Plat (including
any associated Watershed Protection Permits), an application was pending on the
•���eff�ective date�-of>t�e amendatory ordinance; or
For a Gas Well Development Site Plan or Gas Well Development Plat (including
any associated Watershed Protection Permits), an application was submitted after
the effective date of the amendatary ordinance for a Drilling and Production Site
that was the:s�.b.j.ect. of; (1) a specific use permit appr.ov�d o.r .pending on the
effective date of the amendatory ordinance; or (2) a deta.iled plan for a PD district
created on or after Apri127, 2005, but before the effective date of the amendatory
ordinance, that identifies the location and the nature and extent of the activities to
be developed on land designated for future gas well drilling ar production; or (3)
an MPC district created on or after Apri127, 2005, but before the eifective date of
the amendatory ordinance, that identifies the location and the nature and extent of
the activities to be developed on land designated for future gas well drilling or
production.
£ For a Gas Well Permit, an application was pending on the effective date of the
amendatory ordinance; or
g. For a Gas Well Permit, an application was submitted after the effective date of the
amendatory ordinance pursuant to a Gas Well Development Site Plan or Gas Weli
Development Plat approved or pending on the effective date of the amendatory
ordinance that identifies the Drilling and Production Site to which the application
applies.
3. Authorizations or applications excepted under this subsection 2 are subject to all gas
well drilling and production standards in effect immediately prior to the effective date
of the amendatory ordinance, and to any standards effected by the amendatory
ordinance which the City determines to be exempt from the application of Texas
Local Government Code Chapter 245.
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4. To the extent that any exception provided Lulder this subsection 2 is dependent on an
application pending on the effective date of an amendatory ordinance, such
application must have been approved subsequently in order for the exception to
apply.
,S. A.n3� :p�son.,�vh�,�ias been denied.an.. .excepti.�n,under Subsection 2 for one or more
pending applications, or who otherwise claims that he has obtained a vested right
pursuant to Texas Local Government Code, Chapter 245 or other applicable vesting
law for such applications, may request a determination pursuant to Section 35.3.8 of
the DDC.
35.22:5: - �ta�d�rd•s�-fo� �Gas�Well Drilli�g an•d Produ��t�on.
A. The drilling and production of gas wells within the City limits shall be subject to the
following standards.
l. Separation standards. The following requirements apply only within City limits.
a. No Drilling and Production Site may be located within twelve hundred (1,200)
.f��t._of.,.any Protected Use, ar freshv�zate.r well currently in use at the time a
complete application for a Gas' Well Development Site Plan is filed, or within
twelve hundred (1,200) feet of any lot within a previously platted residential
. subdivision where one (1) or more lots have one (1) or more habitable structures.
b. Except where more stringent separation distances are specified, the minimum -
separation distance between a Drilling and Production Site and all other habitable
structures other than those listed in 35.22.S.A.l.a, shall be five hundred (500) feet.
c. The minimum separation requirement established in 35.22.S.A.I.a above may be
reduced via the granting of a variance by the Zoning Board of Adjustment. Except
that the Zoning Board of Adjustment shall not reduce the minimum separation
distance any less than five hundred (500) feet.
d. Notwithstanding any other provision of this subsection, a Protected Use or lot
within a previously platted residential subdivision where one (1) or more lots have
one (1) or more habitable structures may be located as close as two hundred fifty
(250) feet of a pre-existing Drilling and Production Site, provided that the lots or
Protected Use is not served by a freshwater well that is located within twelve
hundred (1,200) feet of the drilling and production area.
e. Separation distances shall be measured from the boundary of the Drilling and
Production Site identified on the Gas Well Development Site Plan, in a straight
line, without regard to intervening structures or objects, to the closest exterior
point of any structure occupied by a Protected Use, or freshwater well currently in
use at the time a complete application for a gas . well development site plan is
filed, or the closest lot line of any undeveloped lot within a previously platted
residential subdivision where one (1) or more lots have one (1) or more structures.
11
£ The separation standards of this section apply to a site containing a compressor
station. "
2. On-site requirements. The following requirements apply only within City limits.
a. An entrance gate shall be required. Street lighting shall be required pursuant to
Section 26-76 of the Utility Code of the Code of the City of Denton, Texas or the
sign identifying the entrance to the drill site or operation site shall be reflective.
b. Fencing, buffering, landscaping and screening shall be required on Drilling and
'' Productiori'Si�es. A�l required "fencirig, landscaping; buffering and screening must
be installed in accordance with the approved Landscape Plan within one-hundred
and eighty (180) days after initial drilling of the first approved well. Landscaping
and screening shall also be required for sites for Compressor Stations.
Landscaping and screening shall comply with the same requirements for Drilling
and Production Sites as set forth in this Subchapter and in the DDC. Should the
Operator decide to fence in gathering and transmission lines or compressor
stations, or both, Operator shall install the fencing in accordance Subchapter 13 of
° ��the DDC.
c. No refining process, or any process for the extraction of products from gas, shall
�� be carried �or� �at °�a Drilling and Production Site, except that a dehydrator: and
separator may be maintained on a Drilling and Production Site for the separation
of'Iiquids from gas. Any such dehydrator or separator may serve more than one
well. Gas Processing Facilities shall require a Specific Use Petmit.
d. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED",
in both English and Spanish, in a minimum of four-inch lettering shall be posted
at the entrance of each Drilling and Production Site. The sign shall include the
development or operating company that is currently responsible for the gas well
plat or site plan, the RRC Well Identification Number and the American
Petroleum Institute number for the well, the phone number for emergency
services (911), the number for the operator, and any other well designation
required by the RRC in two-inch lettering.
No person shall place, deposit, or discharge (or cause or allow to be placed,
deposited, or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt,
tar, hydrocarbon substance, or any refuse, including wastewater or brine, from
any gas operation or the contents of any container used in connection with any gas
operation in, into, or upon any public right-of-way, storm drain, ditch or sewer,
sanitar�. drain or sewer, any body of water, or an� �r.i�ate :pxoperty within :the
corporate limits of the City of Denton.
£ All installed, mounted, and/or permanent equipment on Drilling and Production
Sites shall be coated, painted, and maintained at all times, including the wellhead,
12
gas processing units, pumping units, storage tanks, above-ground pipeline
appurtenances, buildings, and structures, in accordance with applicable guidelines
adopted by The Society for Protective Coatings (SSPC). In addition, the
following standards are applicable: -
i. °=°�Pr�tective ��coatings �an�l •pa�n�s��s3��11 'comply�vvith�any applicable State or City
requireinents. In absence of any such requirement, protective coatings and
paints shall be of a neutral color that is compatible with the surrounding
environment.
ii. All exposed surfaces of the identified equipment must be coated and painted,
and free from rust; `blisters, 'stains, or other defects.
g. All electric lines to production facilities shall be located in a manner compatible
to those already installed in the surrouriding areas or subdivision.
h. All fire suppression and prevention equipment required by any applicable federal,
state, or local law shall be provided by the Operator, at the Operator's cost, and
maintenance and upkeep of such equipment shall be the responsibility of the
� Operator.
i. No Operator shall excavate or construct any lines for the conveyance of fuel,
�vater, or minerals on; under, �or through-the streets or alleys or other land of th•e
City without an easement or right-of-way license from the City, at a price to be
� agreed upon, and then only in strict compliance with this Subchapter, with other
ardinances of the City, and with the specifications established by the Engineering
Department.
The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth or other
materials is prohibited. Construction activities or deposition of any materials or
objects creating an obstruction within limits of public right-of-way or easements
are prohibited unless the Operator has first obtained written approval from the
Engineering Department and, if applicable, has filed a right-of-way use
agreement, and then only if in compliance with specifications established by the
Department.
k. No Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or streets or alleys shown by The Denton Plan,
1999-2020 and no street shall be blocked or encumbered or closed due to any
exploration, drilling, or production activities unless prior consent is obtained by
the City Manager, and.then only temporarily.
All pits shall be lined and shall be designed, constructed, and installed in
accordance with the liner standards set forth by the R.RC. Any new Drilling and
13
Production Sites proposed after January 15, 2013 shall utilize a closed-loop mud
system.
m. All Drilling and Production Sites shall be screened with an opaque decorative
masonry fence that shall be no less than eight (8) feet in height.
i. In lieu of this requirement, an alternative fence that is compatible with the area
surrounding the Drilling and/or Production Site may be approved by the
Director of Planning and Development.
ii. Required fencing must be located within three hundred (300) feet of all
equipment necessitatirig fencing requirements under this Subchapter.
n. Vapor Recovery Units.
i. Vapor recovery equipment is required for facilities not included under
Rule§106.352 of TAC Title 30, Part 1, Chapter 106, Subchapter O; or its
successor regulation.
� ii. •An Operator sha�� �notifythe Oil and Gas Inspectar within two (2) days after
the first sale of gas from a well.
o. Any lift compressor which is installed within an approved Drilling and Production
Site shall be located at least twenty-four (24) feet from the outer boundary of the
site.
p. Commencing on the January 15, 2013, except as provided in sub-paragraph (v) of
this section, for each well completion operation with hydraulic fracturing:
For the duration of flowback, recovered liquids shall be routed into one or
more storage vessels or re-injected into the Well or another Well, and the
recovered gas shall be routed into a gas flow line or collection system, re-
injected into the Well or another Well, used as an on-site fuel source, or used
for another useful purpose that a purchased fuel or raw material would serve,
with no direct release to the atmosphere. If this is infeasible, the requirements
in sub-paragraph (iii) of this paragraph shall be followed.
ii. All salable quality gas shall be routed to the gas flow line as soon as
practicable. In cases where flowback emissions cannot be directed to the flow
line, the requirements in sub-paragraph (iii) of this section shall be followed.
iii. Flowback emissions sha11 be captured and directed to a completion
combustion device, except in conditions that may result in a fire hazard or
explosion, or where high heat emissions from a completion combustion device
may negatively impact waterways. Completion combustion devices must be
14
equipped with a reliable continuous ignition source over the duration of
flowback.
iv. Releases to the atmosphere during flowback and subsequent recovery shall be
minimized.
v. The requirements of sub-paragraphs (i) and (ii) shall not apply to:
1. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for wildcat or delineation well. �
�. ' Eac'h 'w�11 coinpletion operation with hydraulic fracturing at a gas well
meeting the criteria for non-wildcat low pressure gas well or non-
delineation low pressure gas well.
q. Soil sampling: Pre- and post-drilling; periodic soil sampling. Soil sampling shall
be required for all new Drilling and Production Sites. Soil sampling shall be
subject to the following requirements:
i. - Upo�� � appli�ation for an ��0i� and-�Gas Well Permit, soil sampling shall be
conducted prior to the commencement of any drilling at the proposed Drilling
and Production Site to establish a baseline study of site conditions. A
minimum of one soil sample shall be taken at the location of any proposed
equipment to be utilized at the Drilling and Production Site to document
existing conditions at the Drilling and Production Site.
ii. A licensed third party consultant shall be utilized to collect and analyze all
pre-drilling and post-drilling soil analyses. The cost of such consultant shall
be borne by the Operator.
iii. Soil samples must be collected and analyzed utilizing proper sampling and
laboratory protocol from a United States Environmental Protection Agency or
Texas Commission on Environmental Quality approved laboratory. The
results of the analyses will be addressed to the City and a copy of the report
shall be provided to the Operatar and surface estate owner. The analyses will
include the following analyses at a minimum: TPH, VOCs, SVOCs, Chloride,
Barium, Ghromium and Ethylene Glycol.
iv. Post-drilling soil samples sha11 be collected and analyzed after the conclusion
of drilling of each well. Subsequent to the drilling of each well, periodic soil
samples shall be taken as determined by the Oil and Gas Inspector during
inspection events to docuinent soil quality data at the Drilling and Production
Site. Samples shall include, but not be limited to, areas where removed
equipment was located. Results of the analyses shall be provided as described
in Subsection A.2.q.iii.
15
v. Whenever abandonment occurs pursuant to the requirements of the RRC and
as referenced in 35.22.S.A.6.k, the Operator so abandoning shall conduct post
production soil sampling within three (3} days after equipment has been
removed from the Drilling and Production Site to document that the final
conditions are within regulatory requirements. Results of the analyses shall be
provi�led as�descri�becl 'rri =Subsection A:2.c�.iii.
vi. If any soil sample results reveal contamination levels that exceed the
minimum state or federal regulatory levels, the City shall submit the soil
sample results to the appropriate state or federal regulatory agency for
enforcement.
r. Any rubbish or debris that might constitute a fire hazard shall be removed to a
distance of at least 150 feet from the vicinity of any well, tank, or pump station.
s. An Operator shall not maintain or use any pit for storage of oil or oiI products or
oil field fluids, or for storage or disposal of oil and gas wastes.
3. Operations and equipment practices and standards. The following requirements
apply �oniy wit�un C1�ty �lirn�its.
a. Adequate nuisance prevention measures shall be taken to prevent or control
offensive �dor;��um�s,°dust, noise and vibrati�on. '
b. Directional lighting shall be provided for the safety of gas well drilling,
completion and production operations and shall be installed and operated in a
fashion designed to disturb adjacent developments in the least possible manner.
c. The Operator shall at all times comply with the applicable rules and regulations of
the RRC including but not limited to all applicable Field Rules.
d. To address noise concerns, only electric motors shall be used for the purpose of
drilling, transferring or blending chemicals, compressing gas, lifting or pumping
wells, The Oil and Gas Inspector may approve the use of an alternative motor that
produces lower noise levels than an electric motor.
e. There shall be no venting or flaring of gases in residential areas except as allowed
by the RRC or TCEQ. If venting or flaring is allowed by the RRC or TCEQ, the
activities shall not be located closer than twelve hundred (1,200) feet from any
Protected Use, unless: (1) a setback variance has been granted pursuant to
3 5.22.5; or (2) if practical and if approved by the City Fire Marshal, ground
flaring that is wholl�� enclosed or screened with a.masonry vuall, .
f. Vehicles, equipment, and machinery shall not be placed or located on a Drilling
and Production Site (or on any public street, alley, driveway, or other public right�
16
of-way) in such a way as to constitute a fire hazard or to unreasonably obstruct or
interfere with fighting or controlling fires.
g. Only Light Sand Fracture Technology or fracture stimulations approved by the
RRC shall be used to fracture stimulate a well.
h. Fracing operation shall be scheduled to occur during daylight hours unless the
Operator has notified the Oil and Gas Inspector that fracing will occur before or
after daylight hours to meet safety requirements.
i. Pneumatic drilling shall not be permitted.
j. Any notices required herein shall be made pursuant to Subsection 35.22.12
k. Except in the case of an emergency, gas well flaring shall only be conducted
during day-time hours.
4. Storage tanks and separators. The following requirements apply only within City
limits.
a. An Operator is allowed to construct, use, and operate sueh storage equipment and
separation equipment as shown on the approved Gas Well Development Site
-Pl�an, except that permanent storage equipment and separation equipment may not
exceed eight (8) feet in height.
b. The use of centralized tank batteries is permitted as shown on the applicable Gas
Well Development Site Plan.
c. No Drilling and Production Site is allowed in the FEMA designated one hundred
(100) year floodway. A Drilling and Production Site is allowed within one
thousand two hundred (1,200) feet of the flood pool elevation of Lake Ray
Roberts or Lake Lewisville with an approved Specific Use Permit.
d. No storage tanks or separation facilities shall be placed in the Flood Fringe or
other ESA except in accordance with Subsection 35.22.S.A.8.
5. Flow lines and gathering lines.
a. Each Operator shall place pipeline marker sign at each point where a flow line or
gathering line crosses a public street or road.
. b. Each Operator shall place a warning sign for lines carrying H2S. (Hydrogen.
Sulfide) gas as required by the Railroad Commission.
c. All flow lines and gathering lines within the corporate limits of the City
{excluding City utility lines and franchise distribution systems) that are used to
17
transport oil, gas, and/or water sha11 be limited to the maximum allowable
operating pressure applicable to the pipes installed and shall be installed with at
least the minimum cover or backfill specified by the American National Safety
Institute Code, as amended.
�6:• Ad�liti+unal saf�t�y�-an�d •en�'ri•onmental requirements. �The�provis�ons �of this section
shall apply within the corporate limits of the City of Denton.
a. The drilling and production of gas and accessing the Drilling and Production Site
shall be in compliance with all state and federal environmental regulations. No
gas well development or activity is allowed in the FEMA designated one hundred
(100) year `floodway: 'Dr'illing within �lood� Fringe or othe'r ESA shown on the
Map adopted by the City is allowed under the restrictions set forth in Section
35.22.S.A.8.
b. Erosion and sediment control practices shall be conducted for all gas wells. The
Operator sha11 comply with the Erosion and Sediment Control Plan as approved
by the City_
c. As a�i�e�cepti�on �0 35.22.5.A.6.a. or a�5pecif c�Us��Permit required by 35:22.3.B,
gas wells may have a taxget location or bottom-hole location that is under the
floodway, an ESA or within one thousand two hundred (1,200) feet of the flood
pooi e�eva�tion of lake Ray Roberts or Lake Lev�is�iile when �he gas weii is drilled
directionally from a location outside such areas.
d. Each well shall be equipped with an automated valve that closes the well in the
event of an abnormal change in operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line.
Each storage tank shall be equipped with a level control device that will
automatically activate a valve to close the well in the event of excess liquid
accumulation in the tank.
f. All storage tanks shall be anchored for. stability,
g. All storage tanks shall be equipped with either steel or concrete secondary
containment systems including lining with an impervious material. The secondary
containment system shall be of a sufficient height to contain one and one-half
(11/2) times the contents of the largest tank in accordance with the Fire Code. Drip
pots shall be provided at pump out connections to contain the liquids from the
storage tank.
h. Outside storage areas shall be equipped with a secondary containment system
designed to contain a spill from the largest individual vessel. If the area is open to
rainfall, secondary containment shall be designed to include the volume of a
18
twenty-four (24)-hour rainfall as determined by a twenty-five (25)-year storm and
provisions shall be made to drain accumulations of ground water and rainfall.
i. Drilling and Production Sites shall be equipped with a lightning protection
system, in accordance with the City's Fire Code and the National Fire
�lssociation's NF°PA=��O. In azldition, tank battery �facili°ties� shali be equipped
with a remote foam line and a lightning arrestor system.
j. A Hazardous Materials Management Plan shall be on file with the Fire Marshal.
Any updates or changes to this plan shall be provided to the Fire Marshal within
three (3) working days of the change. All chemicals and/or hazardous materials
sliall be ' stored in such a maniier as to prevent, cori'tain; and facilitate rapid
remediation and cleanup of any accidental spill, leak, or discharge of a hazardous
material. Operator shall have all material safety data sheets (MSDSs) for all
hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are not limited to,
chemical and materials raised from the ground (e.g., wooden pallets), bulk
storage, installation and maintenance of secondary containment systems, and
�- protection from� stoi7n water �and-�veather elements.
k. All wells shall be plugged and abandoned in accordance with the rules of the
RRC; however, ail �we�� casings�shall be cut and removed to�a depth�of at least ten
(10) feet below the surface unless the surface owner submits a written agreement
otherwise. Three (3) feet shall be the minimum depth. In addition, the Operator
shall:
i. Submit a copy of its RRC Form W�3A (Notice of Intention to Plug and
Abandon) and Form W-3 (Plugging Record) to the Inspector within two (2)
business days of filing with the RRC; �
ii. Notify the Oil and Gas Inspector of the intention to plug and abandon a well
at least twenty-four (24) hour prior to commencing activities; and
iii. Submit to the Oil and Gas Inspector the surface hole locations in an
acceptable Geographic Information System (GIS) format to accurately map
and track well locations. The GIS data may be submitted with an initial Gas
Well Permit application or with the annual administrative report. Submission
of GIS location data is only required once.
iv. Submit a copy of a soil sampling analysis as required by Subsection
35.22.S.A.2.q.
l. Operators must close each Drilling and Production Site in a manner that
minimizes the need for care after closure. To achieve this requirement, the site
shall be reclaimed to the condition identified on the Site Reclamation Plan, as
19
nearly as practicable. In the event development encroaches up to the property
after drilling and production activities, a reasonable rehabilitation alternative may
be approved by the City to ensure the reclaimed site is compatible with the
surrounding properties.
�� trt. Na� �as �vv��l �drii3°°si�tes°shall �,e �allow�cl°otr�slu��s greater tl�an� ten (i 0j percent.
n. No Class II injection wells shall be located within the City of Denton.
o. No gas well permit will be issued for any well where the Drilling and Production
Site is located within twelve hundred (1,200) feet of an existing fresh water well,
un`less a variance, or conserit from neighboring property owners, has been
obtained per 35.22.S.A.1.
p. Pits shall always be operated with a minimum of at least two (2) feet of freeboard
above the contents within it.
q. For safety reasons, fencing shall be installed to restrict access to a reserve pit or
other type of open pit utilized in gas well drilling operation at a drill site within
�l�e corpora�te limits of the C�ty. -
r. Drip pans, catchment basins and other secondary containment devices or oil
absarbing materi�.ls �shall be pl��ed or ins�a�lled �nderneath ali tanks, containers,
pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system
valves, connections, and any other areas ar structures that could potential leak,
discharge, or otherwise spill hazardous or solid materials. .
s. After the we11 has been completed, . or .plugged and abandoned, the Operator shall
clean and repair all damage to public property caused by such operations within
thirty (3 0) days.
t. After any spill, leak or discharge, the Operator shall remove or cause to be
removed all contamination and associated waste materials. Clean-up operations
shall begin immediately.
u. The Drilling and Production Site and site access road shall at all times be lcept
free of debris, pools of water or other liquids, contaminated soil, weeds, brush,
trash or other waste material outside the Drilling and Production Site .
v. All pits associated with Drilling and Production Sites shall adhere to the following
requirements.
i. The type of pit used in drilling operations shall be specified at the time of
permitting. The Oil and Gas Inspector may perform a contamination
assessrnent for any reserve pit, completion/work-over pit, drilling fluid
disposal pit, fresh makeup water pit, mud circulation pit, washout pit, or water
20
condensate pit. The following concentrations for contaminants will be used to
detertnine if contamination exists within any materials in the pits:
Compound Concentration limit
TPH 15 mg/L
BTEX 500 µg/L
Benzene - 50 µg/L
From 30TAC 321.131.138
If concentrations exceeding these values are detected, the operatar shall
remove, cause to be removed, or otherwise remediate contaminants, to below
the limits provided herein. Cleanup operations shall begin immediately.
Cleanup activities that do not begin within twenty-four (24) hours of
notification by the oil and gas inspector shall be considered a violation of this
Subchapter.
ii. Only freshwater-based mud systems sha11 be permitted. Saltwater-based mud
systems and oil-based mud systems are prohibited.
iii. Chloride content of fluids held in pits may not exceed three thousand (3,000)
milligrams per liter.
iv. No metal additives may be added to any drilling fluids.
v. All fluid produced from the well during completion of production shall be
held in enclosed containers while stored on the property.
vi. All fluids shall be removed ("de-watering") from the pits within thirty (30)
days of completion of drilling operations.
vii. The pit and its contents shall be removed from the premises witlun ninety (90)
days after completion of the drilling of a well; provided, however, that the
permittee may apply for a ninety (90)-day extension from such requirements
based on showing of good cause, necessity to maintain said pit, inclement
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weather, or other factors. The City may designate a period of time shorter than
the ninety (90)-day extension set out herein.
w. All pits shall be backfilled in accordance with the following schedulee The
Director of Planning and Development may grant permission for a pit to remain at
���'11e' si�t�-rf��he°su7�face��re�pertyn�n�r submits a vr�ritten rec�uest.
i. Reserve pits and mud circulation pits shall be dewatered within 30 days and
backfilled and compacted within ninety (90) days of cessation of drilling
activities.
ii. All cozr�pletis�n/workover pits used when completing.a well shall be dewatered
within thirty (30) days and backfilled and compacted within one hundred and
twenty (120) days of well completion.
iii. All completion/workover pits used when working over a well shall be
dewatered within thirty (30) days and backfilled and compacted within one
hundred and twenty (120) days of completion of re-work operations,
iv. Basic sediment pits, flare pits, fresh mining water pits, and water condensate
�pi�t� shall ��be �daw�t�red, backfilled, and com�act��d witl�ir� one hundred and
twenty (120) days of final cessation of use of the pits.
x. Each operator must submit to the City a water conservation _plan for uses of water.
The plan must provide information in response to each of the following elements.
i. A description of the use of the water in the production process, including how
the water is diverted and transported from the source(s) of supply, how the
water is utilized in the production process, and the estimated quantity of water
consumed in the production process and therefore unavailable for reuse,
discharge, or other means of disposal;
ii. If long-term, five (5) to ten (10) years, water storage is anticipated, quantified
five-year and ten-year targets for water savings and the basis for the
development of such goals;
iii. A description of the device(s) and/or method(s) within an accuracy of plus or
minus 5.0% to be used in order to measure and account for fhe amount of
water diverted from the source of supply;
iv. Leak-detection, repair, and accounting for water loss in the water distribution
system;
v. Application of state-of-the-art equipment and/or process rnodifications to
improve water use efficiency; and
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vi. Any other water conservation practice, method, or techriique which the user
shows to be appropriate for achieving the stated goal or goals of the water
conservation plan.
y. No gas well drilling and production shall be permitted within twelve hundred
�(-1,�00)�f�eefi�of°the �oz�d pool elevation of Lake Ray Roberts or L•ake� Lewisville,
unless the Operator first obtains a SUP.
7. Supplemental drilling.
a. Supplemental drilling to deepen or directional drill an existing well shall be
coriducted in accorclance with the conditions for the applicable SLTP or`PD District
or underlying zoning classification that permits gas development by right. The
operator shall provide the Oil and Gas Inspector a copy of additional RRC permits
that allow drilling to a deeper depth.
b. Supplemental drilling to deepen or directional drill an existing well shall be
conducted in accordance with the approved Gas Well Permit for the well on file
with the City.
8. Watershed Protection Requirements for Wells located in Flood Fringe or other
ESA's.
The standards in this subsection are adopted pursuant to the authority granted by
Texas Local Government Code, Section 551.002 and are intended to minimize
adverse impacts on areas within the Flood Fringe or ESA, reduce flood damage, and
lessen the potential far contaminating surface water or any water supply,
a. The provisions of 35.22.5.A.6 and 35.22.S.A.8 shall apply to a Drilling and
Production Site required to have a Watershed Protection Permit within the
corporate limits of the City of Denton. The provisions of 35.22.S.A.8 shall apply
to a Drilling and Production Site required to have a Watershed Protection Permit
located within the corporate limits of the City of Denton or within the ETJ of the
City of Denton.
b. Drilling and Production Sites shall be located outside ESAs whenever practicable
to minimize adverse impacts on these areas, reduce flood damage, and lessen the
potential for contaminating surface water or any water supply.
c. Prior to location of any gas well in the Flood Fringe or ESA, the property owner
or applicant shall first obtain approval of an application that meets the criteria of
the Application Criteria Manual for a Watershed Protection .P�r�nit, and shall
comply with the provisions of 35.22.5.
d. A Watershed Protection Permit containing an ESA assessment of the Drilling and
Production Site shall be approved by the Department of Environmental Services:
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i. For a11 ESAs prior to the approval of a Gas WeIY Development Plan:
1. If a riparian buffer is designated as "fair" to "excellent" ESA, the
designated protective stream buffer width as specified in Subchapter 17 of
ihe�D�nt�r�•Development Cbde°shall°apply; and no encroachments shall be
allowed.
2. Within all areas except unstudied floodplains, if the stream is designated
as a"poor" ESA, the designated width of the protective stream buffer
'shall be decreased by either fifty (50) percent or to the limits of the
'flo'oaway whichever is greater; but in no instance shall the protective
stream buffer width be decreased below twenty-five (25) feet measured
each direction from the centerline of the existing channel.
ii. For all flood fringe ESAs prior to the approval of a Gas Well Development
Site Plan or Plat.
e. Tree mitigation for gas wells located in an ESA shall be required and shall be
�°e�leula7ed�o� a�ne to one replacement value for one hundred (100) percent af the
dbh of trees removed from the Drilling and Production Site. Tree mitigation shall
be accomplished by planting replacement trees, within a floodplain, on-site or off-
site with similar tree species or by payment into a Tree Mitigation Fund. Tree
Mitigation Funds that are specific to ESA's will be kept separate from other Tree
Mitigation Funds and will only be used to either acquire wooded floodplain or
riparian property that remains in a naturalistic state in perpetuity, or to purchase
conservation easements within riparian or floodplain areas. Funds may be used to
purchase, plant, and maintain trees on public property, as long as the public
property is within a riparian area or floodplain.
£ The Watershed Protection Permit application shall contain the following
information and such information as may be required by the Development Review
Committee which is reasonably necessary to review and determine whether the
proposed development and required facilities meet the requirements of this
Subchapter and as required by the Application Criteria Manual. The information
that is required for the Watershed Protection Permit shall include, but not be
limited to:
i. A Tree Inventory Plan shall show the location of ESAs on any proposed
Drilling and Production Site.
, ii. Any request to remove tree(s) shall b�e. .accompanied by a letter fror�.. a
certified geologist or engineer that indicates why the well site cannot be
located to avoid the trees. If Operator has chdsen to pay into the Tree
Mitigation Fund, such funds shall be paid prior to final approval of a Drilling
and Production Site within an ESA.
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iii. Show location of ESAs on proposed Drilling and Production Sites.
g. Only one (1) well head may be placed in the Flood Fringe or ESA under the
following conditions:
Storage tanks or separation facilities sha11 be constructed at least eighteen
(18) inches above the established Base Flood elevation plus the surcharge
depth for encroachment to the limits of the floodway having a one (1) percent
chance of being equaled or exceeded in any year.
�ii. ' A�nydrologic and hydratiilic eng'ineering study ` 51ia11"' be performed by a
Registered Professional Engineer. The study sha11 be submitted to the
Engineering Department in a technical report for review by the City Engineer
or his designated representative. The report shall demonstrate that the
proposed facilities will have no adverse impacts on the carrying capacity of
the adjacent �vaterway nor cause any increases to the elevations established
for the floodplain. When the Special Flood Hazard Areas (SFHA) on the
subject site is designated as "Zone A" on the FIRM Panel,- or the SFHA is not
��� identified on the •�'IR1V1-Panel, the �ollowing approximat� rrr�et�od may be used
to evaluate the impacts from gas well development. A flow rate shall be
calculated using procedures set forth in the City of Denton Drainage Criteria
Manual. Using Manning's Equation with an estimafe�°o��the average slope of
the stream, measurements of a single irregular cross-section geometry at the
well site, and'the one hundred (100) year discharge rate; the average velocity
and normal depth may be calculated. Calculations shall be provided for the
unaltered existing channel cross-section and for the proposed modified
channel cross-section and submitted to the City for revi.ew and approval prior
to construction within these areas.
iii. No more than ten (10) percent of the floodplain, within the limits of the Gas
Well Development Site Plan or Gas Well Development Plat, may be filled.
h. If evidence from water quality monitoring efforts indicates that contamination is
occurring from gas wells, the Operator shall remove, cause to be removed, or
otherwise remediate contamination, as required by the oil and gas inspector
including but not limited to Waste Minimization Practices established by the
RRC. Cleanup operations shall begin immediately. A re-inspection fee shall be
charged as established by the City Council and published in the Application
Criteria Manual.
B. Drilling and Production ,.S,ites �hall comply with all . federal, . siate, :and local ..la�� �
applicable to gas well drilling, production and operationso
C. Noise Management Standards. The following standards apply to gas well drilling and
production in the City limits.
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The Operator shall submit with its Gas Well Site Plan a continuous seventy-two (72)
hour pre-drilling Ambient Noise Level measured three hundr�d (300) feet from the
boundaries of the Drilling and Production Site. The seventy-two (72) hour time span
shall inchide at least one (1) twenty-four-hour reading during either a Saturday or
� Sunday.
2. No gas well drilling equipment, production equipment, re-drilling equipment, ar any
other associated equipment shall be operated at any Drilling and Production Site
within the City in such a manner so as to create any noise level that exceeds sixty-fve
(65) decibels.
The dB level shall be measured at a distance of one thousand (1,000) feet from the
boundaries of the Drilling and Production Site or one hundred (100) feet closer than
any Protected Use setback line, whichever distance is nearer to the Drilling and
Production Site.
3. The distances described in 35.22.S.C.2 shall be measured from the boundaries of the
Drilling and Production Site depicted on the Gas Well Development Plat or Gas Well
Development Site Plan, in a straight line, �without regard to intervening structures or
objects, and outward from the boundary of the Drilling and Production Site.
4. If the ambient noise level that was established and submitted to the City in
accordance with 35.22.S.C.1 is higher than the levels set forth in 35.22.S.C.2,. the
noise generated from the Drilling and Production 5ite may not exceed the established
ambient noise level by more than five (5) decibels during daytime hours and three (3)
decibels during nighttime hours, except as provided by 35.22.S.C.S below.
5. The following adjustments to the noise standards as set forth above are permitted
intermittently during daytime hours only, except in the case of an emergency:
Maximum Permitted Increase above 65 dB or established ambient, if Maximum Duration
ambient exceeds 65 dB (minutes)*
10 dB 5 minutes
15 dB 1 minuie
20 dB Less than 1 minute
►�.
* Cumulative minutes during any one hour.
6. Acoustical blankets, soluid walls, mufflers or other alternative methods as approved
by the City may be used to ensure noise limitation compliance. All soundproofing
shall comply with accepted industry standards and be subject to approval by the City.
7. The sound level meter used in conducting noise evaluations shall meet the American
National Standard Institute's Standard for sound meters or an instrument and the
associated recording and analyzing equipment which will provide equivalent data.
8. The noise level generated during gas drilling activities shall be continuously
monitored by the 'Ope�ator to ensure compliance with the noise limitation standards
established herein, if the Drilling and Production Site is within twelve hundred
(1.,200) feet of a Protected Use. The cost of such monitoring shall be borne by the
Operator. In addition, the Operator shall also provide the following data:
i. The continuous noise monitoring data shall include an audio recarding to help
identify the source of sound level fluctuations throughout the logging period. The
continuous noise monitoring equipment sha11 be capable of remotely providing
- real-tii�e noi�se� an�d audio data in a format acceptable to the Inspectoro Access to
the real-time data shall be made available to the Oil and Gas Inspector;
ii. The continuous noise monitoring data sha�l be summarized into a weekly report
and submitted to the Oil and Gas Inspector each Monday for the prior Nlonday
through Sunday reporting week, which may be combined with the subsequent
week if the number of monitoring days for any given week is three (3) or fewer.
The report shall be in an electronic format or other format specified by the Oil and
Gas Inspector. The weekly report shall contain all noise data, including pure
tones and low frequency readings, and shall be averaged in twenty (20) minute
intervals; and
iii. The weelcly noise report shall state whether the Drilling and Production Site is in
compliance with acceptable noise standards. If the report identifies that the
Drilling and Production Site is not compliant, then the report shall state the
measures being taken to return the site to compliance and the timeframes for
implementing these remedial measures.
9. For Drilling and 'Production Sites not continuously monitored, if a complaint is
received after the commencement of drilling activities by either the Operator or the
City, the Operator shall immediately upon receipt of the compla.int, continuously
monitor the exterior noise level generated by the gas well drilling or production for a
seventy-two (72) hour period and take the action necessary to abate the violation, if a
violation exists. The monitoring shall be performed in accordance with 35.22.S.C.8.i
and ii.
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lO.In the event of a violation of this subsection, the City may immediately issue a
citation to the Operator for the violation.
11. The noise management standards in this Section C apply to compressor stations.
35.22.6. - Gas Well Development Site Plan and Watershed Protection Permit.
A. Applicability.
l. A Gas Well Development Site Plan shall be approved for any land within the City
limits before a Gas We11 Permit may be issued or any gas well drilling or production
activities may occur. Approval of a Gas Well Development Site Plan authorizes the
processing of a complete application for a Gas Well Permit. If applicable, the
Watershed Protection Permit application shall accompany the application for a Gas
Well Development Site Plan or Gas Well Development Plat, but shall be decided
first.
2. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes
land in any floodplain or ESA within the corporate limits of the city. Approval of a
Watershed Protection Permit authorizes the processing of a complete application for a
Gas Well Development Site Plan or Gas Well Development Plat, as the case may be,
that includes land in a floodplain or ESA.
B. Application Requirements—Gas Well Development Site Plan.
1. An application for a Gas Well Development Site Plan shall not be determined to be
complete or deemed complete until:
a. Any required Specific Use Permit has been approved by the City Council;
b. A complete application for a Watershed Protection Permit, where required, has
been filed with the City pursuant to this subchapter. Any conditions imposed with
approval of the Watershed Protection Permit shall be deemed incorporated into
the conditions of approval for the Gas Well Development Site Plan.
2. Approval of a Gas Well Development Site Plan authorizes the holder of the approved
Site Plan to apply for a Gas Well Permit.
3. An application for a Gas Well Development Site Plan, in addition to those items set
forth in Subsection 1, shall:
a. Clearly delineate the boundaries of the gas well drilling or production area with
metes and bounds description, and list the exact acreage of the area. All gas well
drilling and production activities shall be limited to this area.
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b. Identify all ingress and egress points.
c. Show the location of all floodplains and ESAs.
d. Show the location of all freshwater wells currently in use at the time of filing of
J�hhe a�plicationtivi�hin �ttivelve°hundred (1,200) feet of the Driiling and Produciion
Site.
e. Show the location of all structures with a Protected Use within twelve hundred
(1,200) feet of the Drilling and Production Site;
f. Tderitify arid'show proposed method of erosion and sediment control;
g. Identify the location of proposed lease lines;
h. Identify the location of all proposed gas wells, mud pits, ponds, and mechanical
equipment;
i. Label distances between gas wells and property lines;
j. Provide site specific well schematics showing layout during drilling and upon
completion of drilling;
k. Show location of all existing and proposed underground pipelines. As-built
drawings sha11 be filed with the City (in a digital form as specif ed by the City,
and as a condition of maintaining the annual operating permit). All pipelines
proposed in public rights-of-way shall require a Right-of-Way Use Agreement.
The City Manager shall have the authority to enter into a Right-of-Way Use
Agreement;
1. Show the location of all pipelines and identify if pipelines connect with a Gas
Distribution System;
m. Identify the height, size, bulk and location of all structures, closed-loop systems,
dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling
rigs, separators; compressors, perimeter walls, utilities, and all other features or
objects contemplated within the botmdaries of the gas well drilling or production
area;
n. Provide a Tree Protection Plan demonstrating compliance with the City°s Tree
Preservation Code;
o. Provide a Signage Plan, complying with this Subchapter for both the Drill Site
and pipelines;
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p. A Screening, Fencing, and Landscape Plan, in accordance with the standards
established for Industrial land uses in Subchapter 13 of the DDC, detailing
compliance with all landscape and screening measures to be taken to adequately
irrigate all landscaping including the water soui•ce for irrigation and the proposed
efforts to replace dead or dying screening vegetation; and
q. A Noise Mitigation Plan that includes:
i. A description of the proposed facility/operation;
ii. The established ambient noise level;
iii. An analysis of any significant sources of noise generated on the Drilling and
Production Site; and
iv. An analysis of any abatement measures necessary to bring the proposed
activity into compliance with the City's noise standards.
r. A Site Reclamation Plan that establishes the existing conditions of the property
� prior �to �dri�lling activities. The Site �Reciamat�on Plan shall include both Closure
and Post-Closure Plans.
� Closure Plan. Site closure includes well plugging and abandonment,
equipment removal, and site clean-up. This plan should describe how each
Drilling and Production Site will be closed, how the proposed final site
closure will be achieved, and a detailed description of the closure methods.
ii. Post-Closure Plan. Post-closure care includes any subsequent activities
necessary to minimize the need for care after closure and should describe the
anticipated work activities necessary to achieve this objective.
s. The Operator shall submit an Erosion and Sediment Control Plan in accordance
with the applicable City Criteria Manual.
t. The Operator shall notify all private freshwater well owners in writing that they
have the right to have their wells tested. Proof of such written notice shall be -
submitted to the City as part of the Site Plan application.
u. The Operator shall submit a deed, lease, contract or similar written instrument
evidencing the location of the Drilling and Production Site, wluch document shall
be filed with the County Records Department upon approval of the Gas Well
Development Site Plan.
v. The Operator shall provide a copy of its Emergency Action Plan if required to
prepare one pursuant to federal or state law.
30
w. Any other information deemed necessary by the Oil and Gas Inspector to verify
compliance with these standards.
C. Processing of Applications.
~l : °�• An ° app°licacS.it�n %r �a °�Gas �'W�11 Development --S�itE �lan '°shall be processed in the
manner for an application for a gas well development plat, as provided in Section
35.16.19 of the DDC, and shall be decided by the Oil and Gas Inspector.
2. A Watershed Protection Pernut shall be processed in accordance with the following:
a: All applications 'for "ViWatershed" Protection Perinits shall be filed with the
Department, who shall immediately forward all applications to the DRC for
review. Incomplete applications shall be returned to the applicant, in which case
the City shall provide a written explanation of the deficiencies if requested by the
applicant. The City shall retain a processing fee determined by the City Council.
The City may return any application as incomplete if there is a dispute pending
befare the Railroad Commission regarding the determination of the operator. No
application shall be deemed accepted for filing until the application is complete.
b. The DRC may attach such conditions to approval of a Watershed Protection
Permit as are necessary to assure that the requirements of Subsection 35.22.5 are
rr�et.
c. Each 'Watershed �rotection Permit approved by the �R�" sha11:
i. Identify the name of each well subject to the permit;
ii. Specify the date on which the Permit was issued;
iii. Incorporate by reference all applicable standards of approval; and
iv. Incorporate by reference all applicable conditions of approval.
D. Criteria for Approval.
No Gas Well Development Site Plan shall contain more than one (1) Drilling and
Production Site, and the Drilling and Production Site shall not be greater than five (5)
acres in size. All standards in Section 35.22.5 shall be met, and all conditions attached
to prior approvals shall be incorporated in the approvai of the Gas Well Development
Site Plan.
2. The following standards apply to an application for a Watershed Protection Permit:
31
a. For land inside the City limits, all conditions imposed by any applicable SUP,
MPC District or a PD District for the land subject to the Watershed Protection
Permit.
b. Standards in Subsection 35.22.S.A.6 and 35.22.S.A.8.
3. An Operator shall submit an amended Gas Well Development Site Plan one year after
approval if the items required by 35.22.6.B.3, subsections b., h., 1. or m., are
different than those contained in the earlier approved Gas Well Development Site
Plan. The Oil and Gas Inspector shall review the amended Gas Well Development
Site Plan in accordance with this Subsection D.
E. Expiration.
l. A Gas Well Development Site Plan shall automatically expire one (1) year from the
date of approval, unless a Gas Well Permit has been issued by the City for the same
site.
a. A Gas Well Development Site Plan shall not be extended unless a special
��exception has been approved� by the Board of Adjustment pursuant to Section
35.22.16. The applicant may submit a new Gas Well Development Site Plan
application for review and approval in accordance with all applicable
, requirements of the DDC then in effect.
b. If the Gas Well Developmenf Site Plan expires, then all permits approved prior to _
or simultaneous with the site plan for the same activity shall likewise expire on
the same date.
2. An associated Watershed Protection Permit shall expire with the expiration of the Gas
Well Development Site Plan and may not be extended prior to expiration.
35.22.7. - Gas Well Permit Required.
A. Any person, acting for himself or acting as an agent, employee, independent contractor,
or servant for any person, shall not engage in the drilling and production of gas wells
within the corporate limits of the City without first obtaining a Gas Well Permit issued
under this Subchapter.
B. When a Gas Well Permit has been issued covering a well, the Permit shall constitute
authority for drilling, operation, production, gathering of production, maintenance, repair,
re-working, testing, site preparation consisting of rigs or tank batteries, plugging and
abandonment, and any other activity authorized by this Subchapter associated with
drilling or production by the Operator and their respective employees, agents, and
contractors. A Gas Well Permit sha11 also constitute authority for the construction and use
of all facilities reasonably necessary or convenient in connection therewith, including
32
gathering lines and discharge lines, by the Operator and its respective employees, agents,
contractors and subcontractors.
C. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means
geologic or geophysical activities, including, but not limited to surveying and seismic
�exploratioii; r�lat�d•� to ���the •�search for oil, °gas, c�r oth�er �sitb-surface hydrocarbons. A
seismic permit is required for impact-based exploration.
D. A Gas Well Permit shall not, however, constitute authority for the re-entering and drilling
of a plugged and abandoned well. Re-entry and drilling of a plugged and abandoned well
shall require a new Gas Well Permit.
E. Applications for Gas Well Permits shall be in accordance with the following:
1. Shall be in writing;
2. Shall be on forms provided by the City;
3. Shall be signed by the Operator;
4. Shall include the application fee;
5. Shall include a copy of the applicable SUP, PD °District, or Gas Well Development
Site Plan; and
6. Shall include the information required by the Application Criteria Manual unless such
information has been previously provided to the City.
35.22.8. - Insurance and Indemnification.
The Operator shall provide or cause to be provided the insurance described below for each
well for which a Gas Well Permit is issued, such insurance to continue until the well is
abandoned and the site restored. The operator may provide the required coverage on a
"blanlcet basis for multiple wells". Such coverage shall be approved by the Risk Manager for
the City of Denton.
A. General Requirements. Indemnification and Express Negligence Provisions.
1. Each Gas Well Permit issued by the City shall include the following language:
Operator does hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now have or may have, or assigns
may have, or claim to have, against the City of Denton, and/or its departments, its
agents, officers, servants, successors, assigns, sponsors, volunteers, or employees,
created by, relating to or arising out of personal injuries, known or unknown, and
injuries to property, real or personal, or in any way incidental to or in connection with
the perfozmance of the worlc performed by the operator under a Gas Well Permit and
33
the Operator caused by or arising out of, that sequence of events which occur under
the Gas Well Permit, and work performed by the Operator shall fully defend, protect,
indemnify, and hold harmless the City of Denton, Texas, and/or 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
liabil�ity; damag�s; ��obligations, j�udgrnents, losses, fines,� ° pena�ties, costs, fees, and
expenses incurred in defense of the City of Denton, Texas, and/or its departments,
agents, officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted by
Operator, its agents, assigns, or any third parties on account of, arising out of, or in
any way incidental to or in connection with the performance of the work performed
by tlie Operator under a'Gas '�Vell' �Permit and, the Operator agrees to indemnify and
hold harmless the City of Denton, Texas, and/or its departments, and/or 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 andJor, its departments, it's officers, agents, servants, or employees,
created by, relating to or arising out of the acts or omissions of the City of Denton
occurring on the Drilling and Production Site or operation site in the course and scope
of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO,
CLAIMS AND - DAMAGES �ARISII�G IN WHOLE OR 1N PART FROM THE
SOLE NEGLIGENCE OF THE CITY OF DENTON OCCLJRRING ON THE
DRILLING AND PRODUCTION SITE 1N THE COURSE AND SCOPE OF
INSPECTING AN� �'�RMITTING THE GAS WELLS. IT � IS UNDERSTOOD
AND AGREED THAT THE INDEMNITY PROVIDED FOR 1N THIS SECTION IS
AN INDEMNITY E�TENDED BY THE OPERATOR TO INDEMNIFY ANI7
PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS
AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE
RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE
SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS
DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE
MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
2. All policies shall be endorsed to read "this policy will not be cancelled or non-
renewed without thirty (30) days advanced written notice to the owner and the City
except when this policy is being cancelled for nonpayment of premium, in which case
ten (10) days advance written notice is required".
3. Liability policies shall be written by carriers licensed to do business in Texas and
with companies with A: VII� or better rating in accordance with the current Best Ke3�
Rating Guide, or with nonadmitted carriers that have a financial rating comparable to
carriers licensed to do business in Texas approved by the City.
34
4. Liability policies shall name as "Additional Insured" the City and its officials, agents,
employees, and volunteers.
5. Certificates of insurance shall be presented to the City evidencing all coverage's and
endorsements required by this Section 35.22.8, and the acceptance of a certificate
• without��the�re�uired�lir�rts��ndfor cdv�rage's•�shall� not be deem�d a waiver of these
requirements. �
6. Claims made policies will not be accepted except for excess policies or unless
otherwise provided by this Subchapter.
B. 12equired Tnsurance' Coverages.
1. Commercial General Liability Insurance.
a. Coverage should be a minimum Combined Single Limit of one million dollars
($1,000,000) per occurrence for Bodily Injury and Property Damage. This
coverage shall include premises, operations, blowout or explosion; products,
completed operations, blanlcet contractual liability, underground property damage,
��ioad� f�rm°prope�ty� damage, �ir�dependent contractors profieetive lia;�ility and
personal injury.
b. °Er�virorunental Impairment-(or �eepage and Pollution) shall •be eit3�er included in
the coverage or written as separate coverage, and shall be a minimum of one
million dollars ($1;000,000. Such coverage shall not exclude damage to the lease
site. If Environmental Impairment (or Seepage and Pollution) Coverage is written
on a"claims made" basis, the policy shall provide that any retroactive date
,applicable precedes the effective date of the issuance of the Permit. Coverage
shall apply to sudden and non-sudden pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids
or gases, waste material or other irritants, contaminants or pollutants.
2. Automobile Liability Insurance. Minimum Combined Single Limit of one million
dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. Such
coverage shall include owned, non-owned, and hired vehicles.
3. Worker's Compensation Insurance. In addition to the minimum statutory
requirements, coverage shall include Employer's Liability limits of at least one
hundred thousand dollars ($100,000) for each accident, one hundred thousand dollars
($100,000) for each employee, and a one million dollars ($1,000,000) policy limit for
occupational disease, and the insurer agrees to waive rights of subrogation against the
City, its officials, agents, employees, and volunteers for any woxl� perfo.rrned for the
City by the operator. _
4. Excess (or Umbrella) Liability Insurance. Minimum limit of tvventy-four million
dollars ($24,000,000) covering in excess of the preceding insurance policies.
35
5. Control of Well Insurance.
a. Minimum lirnit of five million dollars ($5,000,000) per occurrence.
�• b. �Polic,�y���za1l �ovzr �t�e �Cost of controlling a well that is out of control, Re-drilling
or Restoration expenses, Seepage and Pollution Damage. Damage to Property in
the Operator's Care, Custody, and Control with a sub-limit of five hundred
thousand dollars ($500,000) may be added.
35.22.9. - Security.
A. A security instrument that covers each well shall be delivered to the Oil and Gas
Inspector before the issuance of the Gas Well Permit for the well. The instrument shall
provide that it cannot be cancelled without at least thirty (30) days' prior written notice to
the City and, if the instrument is a performance bond, that the bond cannot be cancelled
without at least ten (10) days' prior �vritten notice for non-payment of premium. The
instniment shall secure the obligations of the operator related to the well to:
1. Repair �lamage;•�eA�lu�ling��ordinary wear and tear, if any, to public streets, including
but not limited to bridges, caused by the operator or by the operator's employees,
agents, contractors, subcontractors or representatives in the performance of any
activity authorized by or contemplated by the Gas Well Permit;
2. Comply with the insurance and security provisions set forth in Section 35.22.8 and
Section 35.22.9;
3. Pay fines and penalties imposed upon the operator by the City for any breach of the
Gas Well Permit; and
4. Comply with Site Reclamation requirement.
B. The security instrument may be in the form of an irrevocable letter of credit or pa�ment
bond issued by a bank or surety approved by the City. The instrument shall . run to the
City,for the benefit of the City, shall become effective on or before the date the Gas Well
Permit is issued, and shall remain in effect until the well is abandoned and the site
restored.
C. A certificate of deposit may be substituted for the letter of credit or payment bond. The
certificate shall be issued by a bank in Denton Coi.mty, Texas, shall be approved by the
City, shall be payable to the order of the City to secure the obligations of the Operator
described above, and shall be pledged to the bank with evidence of delivery provided .to_
the Director of Planning and Community Development. Interest on the certificate shall be
payable to the operator.
36
D. The security instrument may be provided for an individual well, or for multiple wells on
each Drilling and Production Site. The amount of the security shall be determined by the
City Engineer, with due regard to the costs and risks to be secured in subsection A,
above, either on a per-application basis, or as administratively established and amended
in the Application Criteri� Manual, in the minimlun amount of one hundred thousand
��dollars �{$��i-00,-000:00) �for a�� single • well � oi� t���- �site; �~lw� �hund7•ed thousand dollars
($200,000) for two (2) to four (4) wells on the same site, or three hundred thousand
dollars ($300,000.00) for 5 or more wells on the same site.
E. The security will terminate when the Oil and Gas Inspector confirms in writing that one
of the following events has occurred:
1. The Gas Well Permit is transferred, and the Operator-transferee provides replacement
security that complies with this section; or
2. The well is plugged and abandoned and the site restored.
F. An appeal of the determination of the amount of security required under this Subchapter
may be made to the Planning and Zoning Commission for recommendation to the City
Council %r'�in�l deteririiri�tion �f the amount of security.
35.22.10. - Review of Permits for Gas Well Drilling and Production.
A. All applications for Gas Well Permits sha11 be filed with the Department who shall
immediately forward all applications to the DRC for review. Incomplete applications
sha11 be returned to the applicant, in which case the City shall provide a written
explanation of the deficiencies if requested by the applicarit. The City shall retain a
processing fee determined by ordinance. The City may return any application as
incomplete if there is a dispute pending before the Railroad Commission regarding the
determination of the operator. No Gas Well Permit shall be approved under this Section
unless the property owner or applicant first receives approval of.
1. A SUP, where required, a Detailed Plan in a PD district, or a site-specific
authorization in a MPC district;
2. A Watershed Protection Permit, where applicable; and
3. A Gas Well Development Site Plan.
Denial or conditional approval of any such applications shall be grounds for denial or
conditional approval of the Gas Well Permit.
B. The DRC shall review each application consistent with the procedures set forth in 35.16.8
and shall determine:
1. Whether the application includes all of the information required by this Subchapter;
[elll
2. Whether the application is in conformance with the applicable Gas Well
Development Site Plan, applicable SUP, MPC Zoning District or PD Zoning District;
and
� •3:�° Wl�eth�er °tli� ��applica•tit�zi °is °in �c�nformance with the insuran�ce �nd security
requirements set forth in Subsection 35.22.8 and Subsection 35.22.9.
C. The Oil and Gas Inspector may not release the approved Gas Well Permit until after the
Operator has provided:
1: The security requirecl by Subsection� 3'S.22.9;
2. Upon the Operator entering into a Road Damage Remediation Agreement that will
obligate the operator to repair damage excluding ordinary wear and tear, if any, to
public streets, including but not limited to, bridges caused by the operator or by the
operator's employees, agents, contractors, subcontractors or representatives in the
performance of any activity authorized by or contemplated by the approved Gas Well
Permit; and
3. A copy of the recordable instrtunent filed with the County Records Department as
required by Subsection 35.22.6.B.3.u.
D. The failure of the DRC or the Oil and Gas Inspector to review and issue a Gas Well
Permit within the time limits specified above shall not cause the application for the
Permit to be deemed approved.
E. Each Gas Well Permit issued by the Oil and Gas Inspector shall:
1. Identify the name of each well and its Operator;
2. Specify the date on which the Oil and Gas Inspector issued each Permit;
3. Specify the date by which drilling shall commence, otherwise the Permit expires
(such date shall not be less than 6 months after the date of issuance).
4. Specify that if drilling is commenced before the Permit expires, the Permit shall
continue until the well covered by the Permit is abandoned and the site restored;
5. Incorporate, by reference, the insurance and security requirements set forth in
Subsection 35.22.8 and Subsection 35.22.9;
6. Incorporate, by reference, the requirement for periodic reports set forth in Subsection
35.22.11 and for Notice of Activities set forth in Subsection 35.22.12;
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7. Incorporate the full text of the release of liability provisions set forth in Subsection
35.22.8.A.1;
Incorporate, by reference, the conditions of the applicable Watershed Protection
Permit, Gas Well Development Site Plan, and applicable SUP, MPC Zoning District,
or PD �oning°�District; and Gas �Veil Di�clinance applicable at the initiation of the gas
well drilling and production proj ect;
9. Incorporate, by reference, the information contained in the Permit application;
10. Incorporate, by reference, the applicable rules and regulations of the RRC, including
the applicai�le' "field rules";
11 e Specify that no drilling operations (including the construction of internal private
access roads) shall commence until the operator has provided the security required by
Subsection 35.22.9;
12. Contain the name, address, and phone number of the person designated to receive
notices from the City, which person shall be a resident of Texas that can be served in
persrrn�or-by registered or certified inail;
13. Incorporate by reference all permits and fees required by the Fire Code;
14. Incorporate the well's RRC permit number and the American Petroleum Institute
(APT) number;
15. Incorporate, by reference all other applicable provisions set forth in the DDC; and
16. Contain a notarized statement signed by the Operator, or designee, that the
information is, to the best knowledge and belief of the Operator or designee, is true
and correct.
17. Contain a statement that the Operator is required to comply with all applicable federal
and state laws and regulations, which the City will verify compliance as part of its
periodic inspections.
F. The decision of the Oil and Gas Inspector to deny an application for a Gas Well Permit
shall be provided to the operator in writing within ten (10) days after the decision,
including an explanation of the basis for the decision.
G. If an application for a Gas Well Permit is denied by the Oil and Gas Inspector, nothing
herein contained shall prevent a new Perm'it �application from being submitted to the'City
for the same well.
H. Expiration of Gas Well Permit.
39
l. A Gas Well Permit is valid for six (6) �nonths and shall automatically expire, unless
gas well drilling and production have commenced prior to expiration.
2. If a Gas Well Permit has been issued by the City but gas well drilling and production
have not commenced prior to the expiration of the permit, the permit shall not be
� extended�•unl�:ss •a �speci�al ���eeption has been appro�ved °�y°�the Bv�rcl° �f Adjustment
pursuant to 35.22.16; however, the Operator may reapply for a new permit.
3. If gas well drilling and production have commenced prior to the expiration of the Gas
Well Perniit issued by the City, the permit shall continue, and Oper.ator shall be
subject to an Amival Inspection and Administration fee.
4. If gas well drilling and production have commenced following issuance of a Gas Well
Permit by the City before the expiration date, the approved Drilling and Production
Site and all activities shall be subject to inspections by the City to ensure compliance
with terms and conditions of the Gas Well Permit and all applicable standards of the
DDC.
35.22.11. - Periadic Reports.
A. The Operator shall notify the Oil and Gas Inspector of any changes to the following
information within one (1) business day after the change occurs.
1. The name, address, and phone number of the Operator;
2. The name, address, and twenty-four (24)-hour phone number of the person(s) with
supervisory authority over the Drilling and Production Site;
The name, address, and phone number of the person designated to receive notices
from the City, which person shall be a resident of Texas that can be served in person
or by registered or certified mail; and
4. The Operatar's Emergency Action Plan if required to file one pursuant to federal or
state law.
B. The Operator shall provide a copy of any "incident reports" or written complaints
submitted to the RRC or any other state or federal agency within thirty (30) days after the
operator has notice of the existence of such reports or complaints. This includes the
recording of both reportable and non-reportable events as noted in Texas Administrative
Code, Title 30.
C. Beginning the Jan�iary.af:ter.�each well is spud, and con�inuing „on .e.ach �Tanuary ther.eafter
until the operator notifies the Oil and Gas Inspector that the well has been plugged and
abandoned and the Drilling and Production Site restored, the operator shall prepare a
written report to the Oil and Gas Inspector identifying any changes to the information that
![17
was included in the application for the applicable Gas Well Permit that have not been
previously reported to the City.
D. The Operator must provide a copy to the Oil and Gas Inspector all reports otherwise filed
with the TCEQ in connection with an installed vapor recovery unit as described in
�35.22:S:A:�:n. � The Operator shall���als�o °provide the City with copies of any responses
provided by TCEQ. Such reports and responses shall be kept on the Drilling and
Production Site and sha11 be available for inspection when requested by the Oil and Gas
Inspector.
E. The Operatar shall provide the City with copies filed with the RRC of the respective
reports �or setting surface casing,"blowout preventer (BOP) pressure testing, bridge plug
testing, pressure relief valve testing, and level control testing. The Operator shall also
provide the City with copies of any responses provided by the RRC. Copies of such
reports and responses shall be kept on the Drilling and Production Site and shall be
available for inspection when requested by the Oil and Gas Inspector.
F. The Operator shall submit a copy of a soil sampling analysis as required by Subsection
35.22.S.A.2.q upon request by the Oil and Gas Inspector.
G. In addition to the records listed in Subsections 35.22.S.A.6.k.i and 35a22.11.B, the
Operator shall provide the City with a copy of all records filed with the RRC and TCEQ
by the Operator or by third parties. Copies of such records shall be kept on the Drilling
and Production Site and shall be available for inspection when requested by the Oil and
Gas Inspector.
35.22.12. - Notice of Activities.
A. Any Operator who intends to perform the following activities: (1) drill a well; (2) re-
�vork a well using a drilling rig; (3) to fracture stimulate a well ;(4) perform flow back
operations; (5) plug a well; (6) perform any other maintenance at a Drilling and
Production Site; or (7) to conduct seismic exploration not involving explosive charges;
shall give written notice to the City at least two (2) days before the activities begin.
Road Damage Remediation Fees shall be paid to the City and submitted with the Notice
of Activities.
B. All dwellings within twelve hundred (1,200) feet of a well shall be notified a minimum of
forty-eight (48) hours prior to the activities listed in Section A.
1. The notice shall identify where the activities will be conducted and shall describe the
activities in reasonable detail, including but not liiruted to the duration of the
activities and the time of day they will be conducted.
2. The notice shall also provide the address and twenty-four (24)-hour phone number of
the person conducting the activities.
41
C. The Operator responsible for the activities shall post a sign at the entrance of the Drilling
and Production Site giving the public notice of the activities, including the name, address,
and twenty-four (24)-hour phone number of the person conducting the activities.
D. If upon receipt of the notice the City determines that an inspection by the Oil and Gas
Inspector is necessary, the operator will pay the City's customary charge for the
inspection.
E. Surface Casing.
1. The Operator shall notify the Inspector within 24 hours of setting surface casing.
2. Casing procedures shall follow RRC Rule 3.13, or any successor regulation.
F. If a proposed Drilling and Production Site is located within twelve hundred (1,200) feet
of a Protected Use, the Operator shall also host a public meeting at a location accessibly
convenient to surrounding property owners and residents at least ten (10) days, but no
more than forty-five (45) days, prior to either: (1) the public hearing held by the Planning
and Zoning Commission in connection with an SUP application, or (2) the submission of
a Gas Well Development Site Plan if an SUP is not required. The Operator must provide
written notice of the meeting to all property owners located within one thousand (1,000)
feet of the proposed Drilling and Production Site. A mailing list that identifies each
property and property owner shall be submitted to the Oil and Gas Inspector for proof of
' compliance with this requirement. The meeting should provide information regarding
planned activities and timelines for the site and must provide an opportunity for citizens
to ask questions about the proposed site. All notification and meeting costs shall be
borne by the Operator.
G. All surrounding property owners, businesses and residents within twelve hundred (1,200)
feet of a Drilling and Production Site shall be notified a minimum of forty-eight (48)
hours prior to fracturing of a wellhead. In addition, at least two (2) business days before
fracturing operations corninence, the Operator shall post a sign at the entrance of the site
advising the public of the date the operations will begin and send notice to the City.
35.22.13. - Amended Gas Well Permits.
A. An Operator may submit an application to the Oil and Gas Inspector to amend existing
Gas Well Permits to:
Commence drilling from a new drill site that is not shown on (or incorporated by
reference as part o fl the existing permit;
2. To relocate a drill site or operation site that is shown on (or incorporated by reference
as part o� the existing Gas Well Permit; or
42
3. To otherwise amend the existing Gas Well Permit, for land subject to the same
approved Gas Well Development Site Plan.
B. Applications for amended Gas Well Permits shall be in writing, shall be on forms
provided by the Department of Planning and Development, shall be signed by the
operator� and shallYir�ci�rle°tise foZlowing:
1. The application fee as set by City ordinance;
2. A description of the proposed amendments;
3. Any changes to"fhe "iriforination submitted with the application for the existing Gas
Well Permit (if such information has not previously been provided to the City);
4. Such additional information as is reasonably required by the Oil and Gas Inspector to
demonstrate compliance with the applicable Gas Well Development Site Plan,
applicable SUP or PD District; and
5. Such additional information as is reasonably required by the Oil and Gas Inspector to
prevent iinminent destruction of property or injury to persons.
C. All applications for amended Gas Well Permits shall be filed with the DepartmenC of
Planning and Development, and the Department shall immediately forward all
applications to the Oil and Gas Inspector for review. Incomplete applications may be
returned to the applicant, in which case the City sha11 provide a written explanation of the
deficiencies; however, the City may retain a processing fee as determined by the Oil and
Gas Inspector. The City may return any application as incomplete if there is a dispute
pending before the RRC regarding the determination of the Operator.
D. If the activities proposed by the amendment are not materially different from the
activities covered by the existing Gas Well Peimit or Gas Well Development Sfte Plan,
and if the proposed activities are in conformance with the applicable Watershed
Protection Permit, Gas Well Development Site Plan, applicable SUP or Detailed Plan in a
PD District, or site-specific authorization in a MPC District, then the Oil and Gas
Inspector shall approve the amendment within ten (10) days after the application is filed.
E. If the activities proposed by the amendment are materially different from the activities
covered by the existing gas well permit, and if the proposed activities are in conformance
with the applicable Watershed Protection Permit, Gas Well Development Site Plan,
applicable SUP or Detailed Plan in a PD District, or site-specific authorization in a MPC
District, then the Oil and Gas Inspector shall approve the amendment within thirty (30)
days after the application is filed. In addition, if the activities proposed by the amendrnent
are materially different or, in the judgment of the Oil and Gas Inspector, might create a
risk of imminent destruction of property or injury to persons that was not associated with
the activities covered by the existing permit or that was not otherwise taken into
43
consideration by the existing permit, the Oil and Gas Inspector may require the
amendment to be processed as a new Gas Well Permit application.
F. The failure of the Oil and Gas Inspector to review and issue an amended Gas Well Permit
within the time limits specified above shall not cause the application for the amended
Perr�it �t� �b� �deemed� appro��d.
G. The decision of the Oil and Gas Inspector to deny an amendment to a Gas Well Permit
shall be provided to the operator in writing within ten (10) days after the decision,
including an explanation of the basis for the decision. The operator may appeal any such_
denial in accordance with Section 35.22.16.A.1.
35.22.14. - Transfer of Gas Well Permits.
A Gas Well Permit may be transferred by the Operator with the written consent of the City if
the transfer is in writing signed by both parties, if the transferee agrees to be bound by the
terms and conditions of the transferred Permit, if all information previously provided to the
City as part of the application for the transferred Permit is updated to reflect any changes,
and if the transferee provides the insl�rance and security required by Section 35.22,8 and
Section 3522.9. The insur�nce and��security provided by the tr•ans%ror shall be released if a
copy of the written transfer is provided to the City and all other requirements provided in this
subsection are satisfied. The transfer shall not relieve the transferor from any liability to the
City arisii�g nut of any activities condueted prior to the transfer.
35.22.15. - Inspection.
A. The Oil and Gas Inspector shall have the authority to issue any orders or directives
required to carry out the intent and purpose of this Subchapter. Failure of any person to
comply with any such order or direc,tive shall constitute a violation of this Subchapter.
B. The Oil and Gas Inspector shall have the authority to enter and inspect any premises
covered by the provisions of this subchapter, to determine compliance with its provisions,
and all applicable laws, rules, regulations, standards, or directives of any local state or
federal authority. _
C. Pursuant to inspection authority granted by the Texas Clean Air Act and the Texas Water
Code, the Oil and Gas Inspector shall conduct periodic inspections of all wells permitted
under this Subchapter.
D. Inspections may include periodic evaluations of air quality, both on, and at the boundary
of, Drilling and Production Sites. Inspections will also include an evaluation of Operator
conformance with their Hazardous ..Materials Management P.la.n ..an�l . oiller applicable
requirements to their site.
35.22.16. — Appeals and variances.
44
A. Procedures.
1
The Board of Adjustment shall hear and decide appeals of orders, decisions, or
determinations made by the Oil and Gas Inspector relative to the application and
intetpretation .�f this... Subchapter, except far those inatters described in Sections
35.22.4.F.3 and 35.22.17; furthermore the Board of Adjustment shall hear and decide
requests for variances to the provisions of this Subchapter under the relevant criteria
set forth below. The Board may also grant a special exception extending the
expiration date of a Gas Well Development Site Plan or a Gas Well Permit for a
period not to exceed one year pursuant to the criteria set forth below. Any Operator
who desires to appeal the type of action described in this subsection or to file a
variance may file an appeal or variance to the Board of Adjustment pursuant to
procedural process outlined in Section 35.3.6 of the DDC. Appeal fees shall be
required for every appeal or variance request. The Board of Adjustment shall review
the appeal or variance and any other related information.
a. Standard of review for appeals. The members of the Board of Adjustment shall
have and exercise the authority to hear and determine appeals where it is alleged
there is error or abuse of discretion regarding the approval or denial of a Gas Well.
Development Site Plan, or the issuance or non-issuance of a Gas Well Permit.
b. Standard of review for variances. In deciding variance requests, the Board of
Adjustment shall consider, where applicable, the following relevant criteria:
i. Whether there are special circumstances eYisting on the property on which the
application is made related to size, shape, area, topography, surrounding
conditions and location that do not apply generally to other prope�ty in the
vicinity;
ii. Whether a variance is necessary to permit the applicant the same rights in the
use of his property that are presently enjoyed by other similarly situated
properties, but which rights are denied to the property on which the
application is made;
iii. Whether the granting of the variance on the specific property will adversely
affect any other feature of the comprehensive master plan of the town;
iv. Whether the variance, if granted, will be of no material detriment to the public
welfare or injury to the use, enjoyment, or vahie of property in the vicinity;
45
v. Whether the operations proposed are reasonable under the circumstances and
conditions prevailing in the vicinity considering the particular location and the
character of the improvements located there;
ui. W.h.�ther..the .;drilling,.�f the maximum nLlmber:,�.£.,potential wells for the
proposed drill site would conflict with the orderly growth and development of
the town;
vii. Whether there are other alternative well site locations;
viii. Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the oil, gas,
or combined well permit conditions to be imposed;
ix. Whether the operations proposed are consistent with protecting the ecological
integrity and environmental quality, including protection of st�rface and
ground water sources, of potentially impacted environmentally sensitive areas;
x. Whether there is reasonable access for town fire personnel and firefighting
equipment, including the ability to safely evacuate potentially affected
residents;
xi. Whether the impact upon the adj acent property(ies) and the general public by
operations conducted in compliance with the oil, gas, or combined well permit
conditions are reasonable and justified, balancing the following factors:
1. The reasonable use of the mineral estate by the mineral estate owner(s) to
explore, develop, and produce the minerals; and
2. The availability of alternative drilling sites; and
xii. Where a variance is requested to reduce separation standards in 35.22.S.A.1,
in addition to other relevant criteria, the extent to which owners of Protected
Uses, or freshwater wells currently in use, or previously platted subdivision
where one or more lots have habitable structures, have consented to the
reduction in separation standards in writing.
c. The Board of Adjustment shall determine whether to grant an extension of the
expiration date for a Gas Well Development Site Plan or Gas Well Permit based
upon whether there are circumstances reasonably beyond the control of the
Operator, including any delay on the part of the City in issuing subsequent
,,
permits, that justify an extension of the Site Plan or Permit, in order that the
Operator may enjoy the same rights in the use of the property that are presently
enjoyed by other similarly situated properties, but which rights are denied to the
property for which the Site Plan or Permit expires.
2. The Board of Adjustment may reverse or affirm, in whole or iri part, or modify the
Oil and Gas Inspector's order, requirement, decision or determination from which an
appeal is taken and make the correct order, requirement, decision or determination
from which an appeal is taken and make the correct order, requirement, decision or
determination. The Board of Adjustment may issue a variance to the applicant tmder
the criteria referenced in Subsection A.l.b., and may grant a special exception under
the criteria referenced in A.I.c. Any action under this subsection shall require a
three-fourths majority vote of the entire Board of Adjustment.
3. Any Operator aggrieved by any decision of the Board of Adjustment may present to a
court of record a petition, duly verified, stating that such decision is illegal, in whole
or in part, and specifying the grounds of the alleg�d illegality. Such petition shall be
presented within ten days after the date on which the decision of the Board of
Adjustment was rendered and not thereafter, and judicial review o� the petition shall
be pursuant to Texas Local Government Code, § 211.011, as amended.
B. Watershed Permit Appeals.
l. The applicant may appeal the denial or conditional approval of a Watershed
Protection Permit on grounds pertaining to the standards in Subsection 35.22.S.A.6
and 35.22.S.A.8 to the Planning and Zoning Commission within ten (10) calendar
days of the decision by the DRC. In deciding the appeal, the Planning and Zoning
Commission shall decide the appeal based upon the standards made applicable to the
permit by Subsection 35.22.S.A.6 and 35.22.S.A.8.
2. The applicant may file a petition for review pursuant to Subsection 35.22.S.A.6 and
35.22.S.A.8 on grounds therein specified to the City Council within ten (1.0) calendar
days of the decision by the Planning and Zoning Co�ission. The Council shall
decide the petition based upon the criteria in Subsection 35.22.S.A.6 and 35.22.S.A.8.
C. Preemption Appeal.
1. Purpose. The regulation of gas well drilling and production in this subchapter
potentially overlaps with regulation of gas well drilling and production by the State of
Texas and the United States of America. The purpose of this section is to afford
Operators the opportunity to demonstrate to the City that one or more standards or
procedures contained in this subchapter are preempted by state or federal law.
47
2. Petition Contents. An Operator who is aggrieved by the promulgation or application
of the standards or procedures in this subchapter and who claims that one or more
such standards or procedures are preempted by state or federal law shall submit a
petition to the Oil and Gas Well Inspector explaining the factual and legal bases upon .
��� wkicll�the Opera�t�r�relies°to support his co�rteiition•that a regulation in this subchapter
is preempted. The petition shall be accompanied by an unconditional waiver of any
statutory time periods or time periods established by ordinance for review of any filed
applications which are the subject of the petition. The petition shall include, at a
minimum, the following:
a: The name, mailing ad'dress; phone number and fax number of the person (or the
person's duly authorized agent);
b. Identification of all property owned or under the control of the Operator that is
affected by the preemption claim;
c. Identification of the permit applications for �vhich the applicant seeks relief under
this section;
d. Identification of all regulations in this subchapter that the petitioner contends do
not apply to the project due to preemption of the subject matter by state ar federal
l�a�w;
For each regulation in this subchapter that is the subject of the Operator's
preemption claim, specification of the state or federal law, standard,
administrative rule or order that allegedly preempts the regulation, together with
an explanation of why such law, standard, administrative rule or order preempts
the regulation.
3. Procedure and Decision.
The Oil and Gas Inspector shall first determine whether the application is complete
pursuant to DDC section 35.16.8. Once the application has been determined to be or
is deemed complete, the Director shall forward the preemption petition, together with
the required supporting information or documentation, to the City Manager and City
Attorney for their respective reviews. Prior to rendering his final determination, the
City Manager may request a pre-determination conference with the petitioner to
discuss the preemption claim and to ensure that the nature of the claim is fully and
completely understood by the City Manager. The City Manager, after consultation
with the City Attorney, shall render a final administrative determination that grants
the relief requested in the petition in whole or in part, or denies the requested relief in
whole or in part within 30 days of the date the petition is complete. The City
Manager's determination shall include a statement of the reasons for the decision, and
shall identify the regulations that are preempted on their face or as applied to the
petitioner's permit application(s) for approval under this subchaptere The City
Manager may also recommend to the City Council that one or more regulations
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contained in this subchapter should be repealed or modified so as to avoid other
preemption claims.
35.22.17. - Remedies of the City.
A. I� � an � Operator ��(or � its �iiicers; �� employees, agents; � cont�•actors, subcontractors or
representatives) fails to comply with any requirement of a Gas Well Permit (including
any requirement incorporated by reference as part of the Permit), the Fire Marshal or Oil
and Gas Inspector may, in connection with or separate from 35.22.1 S, give written notice
to the operator specifying the nature of the alleged failure and giving the Operator a
reasonable time to cure, taking into consideration the nature and extent of the alleged
fa'ilure; the extent of the e�forts required to cure, and the potential impact on the health,
safety, and welfare of the community. The Operator shall respond in writing within
forty-eight (48) hours and indicate how the violation(s) shall be cured. In no event,
however, shall the cure period be less than thirty (30) days unless the alleged failure
presents a risk of imminent destruction of property or injury to persons or unless the
alleged failure involves the operator's failure to provide periodic reports. The Fire
Marshal or Oil and Gas Inspector may issue a Stop Work Order under the Fire Code.
B. If the �Operator does not�rcure fihe° alleged failure within tl�e°time specified by the Fire
Marshal and/or Oil and Gas Inspector, the Fire Marshal and/or Oil and Gas Inspector may
notify the RRC and request that the RRC take appropriate action (with a copy of such
notice provided to i�e operatorj; and the City may pursue any other remedy available.
C. If the operator does not cure the alleged failure within the time specified by the Fire
Marshal andJor Oil and Gas Inspector, the Oil and Gas Inspector inay upon
recommendation of the Health and Building Standards Commission
1. Recommend to the City Council that the Gas Well Permit be suspended until the
alleged failure is cured; or,
2. Recommend to the City Council that the Gas Well Permit be revoked, if after prior
suspension the Operator does not cure the alleged failure. ,
D. The decision of the Fire Marshal and/or Oil and Gas Inspector to recommend suspension
or revocation of a Gas Well Permit shall be provided to the Operator in writing at least
ten (10) days before any action by the City Council unless the alleged failure present a
risk of imminent destruction of property or injury to persons.
E. If a Gas Well Permit is revoked, the Operator may submit information to the Oil and Gas
Well Inspector evidencing that the alleged failure resulting in the revocation of the Gas
Well Permit have been,.correct�d, and an application for a.new .�as, W.el1-Permit may ,be
submitted for the same well.
35.22.18. - Enforcements, Right of Entry.
,;
A. The Fire Marshal and the Oil and Gas Inspector are authorized and directed to enforce
this Subchapter and the provisions of any Gas Well Permit. Whenever necessary to
enforce any provision of this Subchapter or a Gas Well Permit, or whenever there is
reasonable cause to believe there has been a violation of this Subchapter or a Gas Well
Pern�it, the Fire Marshal or Oil and Gas Inspector, may enter upon any property covered
° bythis �Sub�ehapter �nr �a Gas 'J�e11� Permrt'�at� atry ��•easonab�e time to �inspect or perform any
duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every
remedy provided by law and equity to gain entry.
B. It shall be unlawful and an offense for any person to do the following:
1: Engage in any activity not perriiitted by'the terms of'a Gas Well Permit issued under
this Subchapter;
2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this
Subchapter; ar
3. Violate any provision or requirement set forth under this Subchapter.
C. The en€oicemer�t and penalty provisi�nn �under ��ub�ecrion�35.�.10.4 shall apply to a
violation of this Subchapter.
D. The Fue Marshal or Oil •and Gas -Inspector �is -aut�orized to issue citations into municipal
court for violations of this Subchapter or Gas Well Permit.
E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state
agency in connection with violations of this Subchapter.
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