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
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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
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.
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-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
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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.
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(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.
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APPROVED:
ATTEST:
APPROVED AS TO FORM:
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