HomeMy WebLinkAboutAM2010-02rD o
ITEM #
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER,3,1
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: FEBRUARY 16, 2010
SUBJECT: WORKSHOP - AMENDMENTS TO CHAPTER 12 HEALTH AND
SANITATION, ARTICLE VII, OIL AND GAS WELL DRILLING
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.
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.
Council Member Chris Coy has requested that the staff draft the following; (1) amendments
which 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; and (2) that the screening fence be raised from a minimum of six feet
to eight feet 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.
RAAGENDA\02-16-101AM 10-02.4.doc
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.
.•n - •- ••�` • •
OF
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 the Special Use Permit submittal documents required
by Section 49, Special Uses, of the Grapevine 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:
0:\Ordinances\Code of Ordinance - DRAFTS\2010 Ordinance Drafts\Oil & Gas Ordinance 020110.doc
6. Screening: All well heads, storage tanks, separation facilities or other
mechanical equipment shall be screened with an eight (8) foot 6 foo high
sem masonry screening fence, .
Such screening shall be installed within sixty (60) days of completion
of drilling 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 delays 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. Screening
shrubs shall be a minimum of three (3) feet in height at planting,
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 good 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 with sixty (60) days of completion of drilling 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 delays 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.
7.8. Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall
be used instead of lined reserve pits.
8.9. 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.
4-2.13.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, Section 12-
145(b)(13) is hereby deleted.
3
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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
completion of fracturing the first well. Where subsequent well
drilling is initiated within sixty (60) days of completion of
drilling 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 sixty (60)
day of completion of drilling of the previous well.
Section 6. 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 7. 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 8. 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 9. 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.
In
ATTEST:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR, CITY COUNCIL MEMBERS
BRUNO RUMBELOW, CITY MANAGER iJA
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MARCH 16, 2010
AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION,
ARTICLE VII, OIL AND GAS WELL DRILLING
City Council to consider possible amendments to Grapevine Code of Ordinances,
Chapter 12, Health and Sanitation, Article VII, 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:IAGENDA\03-16-10WM 10-02.4.doc
.fy
MEETING DATE:
SUBJECT:
BRUNO RUMBELOW, CITY MANAGER ��\
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
JULY 20, 2010
AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION,
ARTICLE VII, OIL AND GAS WELL DRILLING
City Council to consider a request by Chesapeake Energy regarding possible 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 VII, 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 frac ponds following the
fracturing of the first well. The amendments have provisions for allowing the frac pond to
remain if continuous drilling/fracturing takes place.
Chesapeake Energy has since submitted a request that City Council reconsider the
requirements for removal of the frac pond within 60 days of fracing the first well. The
attached letter from Chesapeake Energy requests 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
Should City Council wish to amend the ordinance, staff will present a draft at a future
meeting.
R:WGENDA107-20-1MAW 0-02.41.doc
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER �Z—
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: AUGUST 17, 2010
SUBJECT: WORKSHOP - AMENDMENTS TO CHAPTER 12 HEALTH AND
SANITATION, ARTICLE V11, OIL AND GAS WELL DRILLING
RECOMMENDATION:
City Council to consider a request by Chesapeake Energy regarding possible amendments
to Grapevine Code of Ordinances, Chapter 12, Health and Sanitation, Article VII, Oil and
Gas Drilling, and take any necessary action.
On March 16, 2010, City Council approved amendments to Chapter 12, Health and
Sanitation, Article VII, 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 frac ponds following the
fracturing of the first well. The amendments have provisions for allowing the frac pond to
remain if continuous drilling/fracturing takes place.
Chesapeake Energy has since submitted a request that City Council reconsider the
requirements for removal of the frac pond within 60 days of fracing the first well. The
attached letter from Chesapeake Energy requests 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.
Should City Council wish to amend the ordinance, staff will present a draft at a future
meeting.
RAAGENDAM-17-1 O\AM10-02.41. doc
June 10, 2010
Scott Williams, C.B.O.
City of Grapevine
Director of Department of Development Services
P.O. Box 95104
Granayin Ty 76099
Re: Frac Pond Ordinance
Dear Mr. Williams:
Lynda Gearheart
Project Manager
JUN 1 0
Thank you for allowing Chesapeake Energy the opportunity to review the amendments
made to the City of Grapevine's frac pond ordinance on March 16, 2010. Based on our
review, we would like to offer some suggestions that we believe could improve the
outcome for all involved.
The amended frac pond ordinance currently states:
Fracturing fluid pit shall be backfilled and provided with suitable groundcover or tun`
within 60 days of completion of fracturing the first well. Where subsequent well drilling is
initiated within 60 days of completion of drilling 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 60 days of completion of drilling of the previous well.
Chesapeake believes this strict 60 -day timeline would prove to be disruptive to both the
City and its residents, for the following reasons:
• It encourages multiple construction cycles rather than allowing this process to be
completed only once during the lifespan of a padsite.
• The movement of large amounts of dirt during the construction and reclamation
of a frac pond has the potential to increase the dust generated in the area,
creating a nuisance for nearby residents and businesses.
• The transportation of multiple pieces of heavy machinery and equipment to and
from the padsite can escalate the wear and tear on state and city roads.
• The additional truck traffic associated with the delivery of heavy machinery and
equipment can add to area noise levels.
Chesapeake Energy Corporation
100 Energy Way • Fort Worth, TX 76102
main 817.502.5000 • direct 817.502.5682 • Lynda.Gearheart@chk.com
Chesapeake Energy Corporation
E
® More trucks can increase the traffic on approved transportation routes that are
also used by residents and the Grapevine Mills Mall on a daily basis.
While Chesapeake understands the intention of the ordinance as written is to minimize
the impact of natural gas production, we believe that once implemented, the ordinance
changes will have the opposite effect — creating an environment of continuous
construction and increased truck traffic, likely drawing the dissatisfaction of nearby
residents and businesses alike.
For this reason, Chesapeake respectfully recommends that the City modify the
suggested 60 -day timeline for reclamation of frac ponds to two (2) years, contingent on
drilling and fracturing activities. Under those circumstances, if a natural gas operator
were to cease to operate on a padsite within the two-year time frame, the City could
request that the frac pond be reclaimed. We hope you will agree that this modification
would be more beneficial for all parties involved.
Chesapeake has worked hard in the many municipalities in which we operate to ensure
frac ponds blend into the surrounding environment. In fact, many land owners value the
frac pond as an enhancement to their property and are desirous of keeping it as a
permanent water feature. All of our frac ponds are fenced for security, mowed, weeded
and maintained monthly or more often, as needed. In some instances, fresh water frac
ponds have become a refuge for area wildlife and provide tremendous residual benefits.
We hope that you will consider these advantages when weighing the alternative of
repetitive construction cycles that would be a result of the current ordinance.
Thank you for considering our proposed change to the amendment. Should you have
any questions, I am available to discuss this matter further at your convenience.
Cordially,
L a Gerh rt
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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, 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 Grapevine
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:
6. Screening: All well heads, storage tanks, separation facilities or other
mechanical equipment shall be screened with an eight (8) foot 6 -feet high
sel+d masonry screening, fence, good side faGing from the gas or oil well.
Such screening shall be installed within sixty (60) days of completion
of drilling 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 delays 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 Screening
shrubs shall be a minimum of three (3) feet in height at planting,
have the potential to prow 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 good 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 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 delays 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.
T8. Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall
be used instead of lined reserve pits.
8.9. 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.
ORD. NO. 2
3.10. 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)(13) is hereby deleted.
,e]E.. .. ..
.11 .
.. ..0-011
ORD. NO. 3
-T �P(f�e'r
•Mr...
XENTZIRMF- -
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
completion of fracturing the first well. Where subsequent well
drilling is initiated within sixty (60) days of completion of
drilling 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 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 reauired
for each well on the site.
(b) Any person who intends to proceed 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 least 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 for a period
of thirty (30) days. Such notice shall be required for each well
on the site.
(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.
(cf) 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 17th day of August, 2010.
ORD. NO. 5
�... •186
ATTEST:
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
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 VII, 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:\AGENDA\09-21-10\AM10-02.42.doc 9/16/2010 8:16:57 AM
April 7, 2010
City of Grapevine Planning and Zoning, City Council
200 South Main Street
Grapevine, TX 76051 r
TO: Planning and City Council committee members
FROM: Sandra S. Rice, Grapevine resident
RE: Gas drilling safety protections
Regarding the Southlake Joe Wright Drilling project: I attended the meeting on April 5a', and was
not satisfied with the protections for Grapevine High and residents. Buffers and protectionsare
not yet extended for Grapevine homes and public schools, yet I am counting on Southlake to put
them in place. Another drilling site near Parr and Heritage, which directly affects me and my
family, also has inadequate air/noise/water quality protections.
There is evidence that gas operations can affect surrounding air quality in the region. According
to EPA Director Al Amendariz, peak summertime emissions of smog -forming emissions from
production activities in the Barnett Shale are about the same as emissions from all cars and trucks
in the DFW Metroplex (307 tons per day vs. 273 tons per day, respectively). Even the Barnett
Shale Energy Ed Council's own website acknowledges that dry natural gas contains benzene, and
that condensate tanks associated with gas wells emit benzene. The state commission tested 94
sites outside Fort Worth and found what it called "extremely high" levels of benzene, considered
an immediate health concern, near two gas -production facilities. The highest level was
comparable to levels experienced by drivers while filling their cars with gasoline. Harmful air
emissions are not a rare occurrence, and our students need protection from them from the outset.
I would like to ask that the City of Grapevine to work with Southlake to adopt the following
binding proposals, which are similar to those recently adopted by Flower Mound and Ft. Worth.
They are not meant to stop the drilling, but protect Grapevine students' health and quality of life.
• Request that TCEQ test air quality at the site pre -construction, then sample the air for
benzene and VOCs. Require ALL samples to be tested for these toxics.
Require XTO to monitor air quality round-the-clock at the site by the TCEQ and XTO.
Share the results with GCISD and City of Grapevine.
• Put penalties in place for breach of air quality standards that exceed the new EPA
guidelines for Texas drill sites and clean air.
• Put a strategy in place for the immediate remediation of air quality violations coordinated
with evacuation of outdoor fields, etc. with GCISD.
• Require XTO to implement the most current green completion, vapor recovery pollution
technologies to reduce the amount of gas vented into the atmosphere.
Require XTO to monitor water quality at pad site and storage facilities, and water table
pollution and recycle wastewater.
• Determine exactly where and how much water will be used for fracking. You take 7
million gallons of water per well out of an aquifer in a condensed area, you're not going
to get recovery for who knows how long.
• Require a Noise Management Plan with every permit, and set a maximum loudness
threshold for drilling operations. Ft. Worth is implementing a similar plan which would
set a baseline pre -drill, then establish maximum noise levels for compressors which pump
gas through the pipelines.
• Require a site management plan for drainage and future plugging and abandonment.
Thank you for considering these important issues which will directly affect the quality of life for
many Grapev' e citizens and their children.
Sa d S. Rice
3806 illside Trail
Grapevine, TX 76051
ti� � far
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Cc�st-�tfec t �� l i_;p _ v;,rnentu," was written by Dr. Al Annendariz of Southern Methodist University.
January 26, 2009.
6-30 INUMDe
of Prone