HomeMy WebLinkAboutItem 06 - Oil and Gas Well Drilling Regulations ITE
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: APRIL 17, 2012
SUBJECT; AM12-02 - AMENDMENTS TO CITY OF GRAPEVINE CODE OF
ORDINANCES, CHAPTER 12, HEALTH AND SANITATION,
ARTICLE VII. - OIL AND GAS WELL DRILLING REGULATIONS
RECOMMENDATION:
City Council to consider possible amendments to Grapevine Code of Ordinances,
Chapter 12, Health and Sanitation,Article VII Oil and Gas Well Drilling Regulations relative
to hydraulic fracturing ponds and take any necessary action.
BACKGROUND INFORMATION:
Because of a cutback in production due to economic conditions, Chesapeake Energy has
requested that City Council consider an ordinance change relative to fresh water ponds
associated with gas well sites.
The original oil and gas drilling ordinance required the fresh water pond to be removed
within 60 days of fracturing the first well. At the request of Chesapeake,the ordinance was
amended by City Council on March 16, 2010 to allow the fresh water pond to remain in
place for nine months following fracturing operations.
At the March 20, 2012 City Council workshop, City Council agreed to allow the fresh water
ponds to remain in place for up to one year after fracturing,with the ability for the applicant
to apply for extensions to be reviewed by the Site Plan Review Committee in one year
increments.
Proposed ordinance to read as follows:
Section 12-145(c)(22)e - Fresh water fracturing fluid pi pond shall be backfilled and
provided with suitable groundcover or turf within one year nine months of completion of
fracturing the first well. Where subsequent well drilling is initiated within one year *ne
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 one year nine months of completion of fracturing of the previous well.
If drilling is discontinued for a period of one year, an extension for the pond to
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remain in place fora period of one year may be requested by the permit holder.
Such request shall be reviewed by the Site Plan Review Committee and may be
approved for good cause. The Site Plan Review Committee may approve more than
one extension provided sufficient notification is submitted by the applicant, and the
site has been and continues to be maintained and in compliance with all city
ordinances.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF
ORDINANCES BY AMENDING CHAPTER 12, HEALTH AND
SANITATION, ARTICLE VII., OIL AND GAS WELL DRILLING
REGULATIONS, REPEALING CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH SEPARATE OFFENSE AND A
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 of Grapevine is authorized to adopt ordinances to protect
the health, safety, and welfare of its citizens; and
WHEREAS, the City of Grapevine has determined that it is a necessity to
regulate the activities and entities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein, and has compiled with all prerequisites necessary for the passage of
this Ordinance; and
WHEREAS, the City has determined that amendments of Chapter 12, Health and
Sanitation, Article VII. Oil and Gas Well Drilling Regulations of the Code of Ordinances
is in the best interests of the City, and its citizens.
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. Oil and Gas
Well Drilling Regulations, in general Section 12-145(c)(22)e is hereby amended to read
as follows:
"e. Fresh water fracturing pond shall be backfilled and provided with suitable
groundcover or turf within one year of completion of fracturing the first well.
Where subsequent well drilling is initiated within one year 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 one year of completion of fracturing of the previous well.
If drilling is discontinued for a period of one year, an extension for the pond
to remain in place for a period of one year may be requested by the permit
holder. Such request shall be reviewed by the Site Plan Review Committee
and may be approved for good cause. The Site Plan Review Committee
may approve more than one extension provided sufficient notification is
submitted by the applicant, and the site has been and continues to be
maintained and in compliance with all city ordinances."
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 flic 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 17th day of April, 2012.
APPROVED:
ORD. NO. 2
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 3