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HomeMy WebLinkAboutItem 10 - Oil and Gas Well Drilling ITEM / MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER kJ\ SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MARCH 16, 2010 SUBJECT: AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION, ARTICLE VII, OIL AND GAS WELL DRILLING RECOMMENDATION: City Council to consider possible amendments to Grapevine Code of Ordinances, Chapter 12, Health and Sanitation, Article VI 1, Oil and Gas Drilling and take any necessary action. BACKGROUND INFORMATION: The current oil and gas drilling ordinance adopted by the City of Grapevine establishes no specific time limit for the installation of screening fences and landscaping, nor does it establish a time period in which the fracturing fluid pit must be removed. On at least two previous occasions, City Council and Planning and Zoning Commission have put conditions on the approval of drilling cases, establishing deadlines for the installation of landscaping and screening. The proposed amendments provide maximum time periods for the required installation of screening walls and landscaping as well as removal of the fracturing fluid pond. There are provisions in the proposed amendments that allow delays of these requirements if wells are being continuously drilled. The ordinance has also been amended to require the screening fence be raised from a minimum of six feet to eight feet in height and that it be constructed of masonry. Staff has also made proposed changes to Chapter 12-144, Site Plan requirements, to make it clear that all of the submittals contained in the drilling ordinance are part of the required Special Use Permit submittal. This has been a point of contention in past cases, with the applicant stating that they did not want to submit certain plans (such as piping plans) for City Council review. Lastly, Section 12-150 has been modified to provide additional notification requirements to the City. City Council reviewed these amendments at its February 16, 2010 workshop. R:VAGEN DA103-16-1 MAW 0-02.4.doe 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION, ARTICLE VII, OIL AND GAS WELL DRILLING, REPEALING CONFLICTING ORDINANCES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas, deems it necessary for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the Code of Ordinances to add additional regulations regarding oil and gas well drilling an production regulations; and WHEREAS,, all legal prerequisites and requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open. Meeting Act; and WHEREAS; the City of Grapevine City Council, deems the-...passage of this ordinance is in the best interest of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT OR BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 12, Health and Sanitation, Article VII, Oil and Gas Well Drilling, Section 12-144, Site Plan Requirements is hereby amended by the addition of the following: The applicant requesting gas well drilling and production. approval shall submit the required number of copies of the site plan drawing as determined by the Administrative Official and which complies with this section. The site plan shall be required as part of and in addition to the special use permit submittal documents required by Section 49 Special Uses of the Gra evine Comprehensive Zoning Ordinance. Section 3. That Chapter 12, Health and Sanitation, Article VII, Section 12- 145. Oil and Gas Well Drilling and Production Standards, (a) on-site requirements is hereby amended by the addition of the following: R_IAGENDA103-1.6-1 MAW 0-02.ord.doc 6. Screening: All well heads, storage tanks, separation facilities or other mechanical equipment shall be screened with an eight (8) foot 6-feet high self masonry screenIM fence, good side faGing frem_the ryas or Gil well. Such screening shall be installed within sixty 60 days of completion of drillinq the first well on the site. Where subsequent well drilling is initiated within sixty (60 days of completion of drilling the first well the screening may be delayed a maximum of sixty 60 days from the completion of the subsequent well. Such dela s may be permitted for continuous drilling of additional wells provided that all drilling of wells be initiated within sixty 60 days of completion-of drilling of the previous well. 7. Landscaping: Screening shrubs shall be installed completely around the well site except at gates, and all fences and be sufficient to screen from view the structures sought to be screened. Screenin shrubs shall be a minimum of three 3 feet in height at plantim have the potential to grow to a mature height of a minimum of eight 8 feet and must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in aood condition at all times by the applicant or operator. All Landscape and irrigation plans shall be submitted in accordance with Section 53 of the . Grapevine Comprehensive Zoning Ordinance. Such landscaping shall be installed within sixty 60 days of completion of drilling the first well on the site. Where subsequent well drilling it initiated within sixty. 60 days of completion of drilling the first well the screening may be delayed a maximum of sixty 60 days from the completion of the subsequent well. Such delays may be permitted for continuous drillina of additional wells provided that all drilling of wells be initiated within six 60 days of completion of drilling of the previous well. 7.8. Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall be used instead of lined reserve pits. 6.9. Discharge: No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine from any oil and/or gas operation, or the contents of any container used in connection with any oil and/or gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the City of Grapevine. 2 -9.10. Drilling fluids: Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids. 4-9.11. Drilling fluid storage pits: No drilling fluid storage pits shall be located within the City of Grapevine. 44.12. Drill stem testing: All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate oil and/or gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. 42-.13.Signs: a. A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the Commission, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following- i. Well name and number; ii. Name of operator; iii. The emergency 911 number; and iv. Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day incase of an emergency. b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the City of Grapevine. Sign lettering shall be four inches in height and shall be red on white background or white on a red background. Each sign shall include the emergency notification numbers of the fire services department and the operator, well and lease designations required by the Commission. Section 4. That Chapter 12, Health and Sanitation, Article VII, That Chapter 12, Health and Sanitation, Section 12-145(b)(1 3) is hereby deleted. 13. Lan&GapiRg: SGFeening shrdbs shall be installed Gompletely around the well site and all fenGes and be SUffiGient to SGreen ffem view the str-uctu sought to be SGreened. SGFeeRiRg shrubs shall be - . . of three fe n height at planting, have the potential to grow te a mature height of a 3 maximum of five feet and, if -------Y, Fnust have an installed irrigation system that previd -s total WateF Gove ge 'to all plant materials. The Yegetatien or berms shall be kept state and On go GGRdition at all tomes by the appliGant or opeFator. All landSGape and a rrigatien plans shall be submitted to the DRG for approval. Section 5. That Chapter 12, Health and Sanitation, Article VII, Section 12-145. Oil and Gas Well Drilling and Production Standards, (c) Environmental safety standards is hereby amended by the addition of the following: 22. Drilling Mud Pits, and Fracturing Fluid Pits shall adhere to the following requirements: {Items a. - d. to remain unchanged} e. Fracturing fluid pit shall be backfilled and provided with suitable groundcover or turf within sixty 60 days of com letion of fracturing the first well. Where subsequent well drillina is initiated within six 60 days of completion of drilling the first well the removal of the fracture fluid po nd may be delayed for continuous drilling of additional wells provided that all drillina of wells be initiated within sixty 60 day of completion of drilling of the previous well. Section 6. That Chapter 12, Health and Sanitation, Article VII, Section 12-150. Notice of Activities is hereby amended by the addition of the following: Sec. 12-150. Notice of activities. a Any person who intends to drill a gas or oil well shall provide written notice to the Director of Development Services Director of Public Works and the Fire Marshal at least ten 10 days before the drilling begins. Such notice shall be required for each well on the site. b Any person who intends to pro ceed with fracture stimulation of a well shall provide written notice to the Director of Development Services Director of Public Works and the Fire Marshal at feast ten 10 days before the fracting begins. Such notice shall be required for each well on the site. c Written notice shall be provided to the Director of Development Services Director.of Public Works and the Fire Marshal when any drilling or fracture stimulation activity is complete, or at any time such activity has ceased fora period of thirty 30 days. Such notice shall be required for each well on the site. 4 (ad) Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the city at least ten days before the activities begin. (be) Written notices must be provided, by the operator, to all residences within 1,000 feet of a well, 24 hours prior to fracing of a wellhead. (GD The notice shall identify where the activities will be conducted and shall 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. (dg) The notice shall also provide the address and 24-hour phone number of the person conducting the activities. (eh) The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 8. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 9. If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 10. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL_ OF THE CITY OF GRAPEVINE, TEXAS, on this the day of , 2010. 5 APPROVED: ATTEST: APPROVED AS TO FORM: 6