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HomeMy WebLinkAboutItem 05 - Oil and Gas Well Drilling ITEM MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER 5q— SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: SEPTEMBER 21, 2010 SUBJECT: AM10-02 - AMENDMENTS TO THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 12 HEALTH AND SANITATION, ARTICLE VII, OIL AND GAS WELL DRILLING RECOMMENDATION: City Council to consider amendments to Grapevine Code of Ordinances, Chapter 12, Health and Sanitation, Article VII, Oil and Gas Drilling, and take any necessary action. BACKGROUND INFORMATION: On March 16, 2010, City Council approved amendments to Chapter 12, Health and Sanitation, Article VI I, Oil and Gas Drilling of the Grapevine Code of Ordinances. Among other things, these amendments strengthened the requirements for landscaping and screening, and established a 60-day deadline for the removal of fracturing fluid ("frac") ponds following the fracturing of the first well. Chesapeake Energy later submitted a request that City Council reconsider the requirements for removal of the frac pond within 60 days of fracturing the first well. The attached letter from Chesapeake Energy requested City Council consider amending the ordinance to allow two years for removal of the frac pond, stating that the 60-day time period would be disruptive to the City for the following reasons: • Multiple construction cycles would be required • Creation of excessive dust • Wear and tear on city roads • Increased noise levels • Increased traffic. City Council considered this request at their workshop on August 17, 2010. Following discussion, the decision was made to amend the ordinance to require fracturing fluid pits to be removed within nine months following the fracturing of the first well. The ordinance amendments are attached, and if approved will allow frac ponds to remain.for nine months after fracturing the first well, and will allow frac ponds to remain in place during continuous drilling/fracturing of wells, provided that no more than nine months passes between the fracturing of the previous well. R:IAGENDAN09-21-101AM10-02.42.doc 9/16/2010 8:16:57 AM �00 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 OFFENCE 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 ORDAINED 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, Section 12-145. Oil and Gas Well Drilling and Production Standards, (c) Environmental safety standards is hereby amended by the addition of the following: Subsection (C) (22) (e) is amended in its entirety to read as follows: (C) (22) (e) "Fracturing fluid pit shall be backfilled and provided with suitable groundcover or turf within nine (9) months of completion of fracturing the first well. Where subsequent well drilling is initiated within nine (9) months of completion of fracturing the first well, the removal of the fracture fluid pond may be delayed for continuous drilling of additional wells, provided that all drilling of wells be initiated within nine (9) months of completion of fracturing of the previous well." Section 3. That 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 4. That 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 5. That 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 6. That 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 21st day of September, 2010. APPROVED: ATTEST: ORD. NO. 2 APPROVED AS TO FORM: ORD. NO. 3