§ 138-466. Oil and gas well permits.

(a)

Generally. An oil, gas, or combined well permit shall be required for all wells related to developing or producing oil, gas, or other hydrocarbons, or for the purpose of injecting gas, water, or any other fluid or substance into the earth.

(b)

Required information. An application for an oil, gas, or combined well permit shall include the following information:

(1)

All the requirements of section 138-465.

(2)

A detailed site plan that includes all the information required in section 138-465, but also includes specific details to the projected location of the major components of the drilling site, impacted environmentally sensitive areas, floodplains, topographic contours, creeks and other topographic features, adjacent buildings and other structures, and the measured distance from the well site to these major components of the drilling site, impacted environmentally sensitive areas, floodplains, topographic contours, creeks and other topographic features, adjacent buildings and other structures.

(3)

All application submissions for a permit shall include at a minimum six copies of the application and all associated documentation, including plats, maps, surveys, and supporting materials, reports, and/or forms.

(c)

Permitting procedure.

(1)

It is the responsibility of the oil and gas inspector to review and approve or disapprove all applications for oil, gas, or combined well drilling permits based on the criteria established by this article.

(2)

The oil and gas inspector, within 45 days after the filing of a completed application and remittance of all fees, insurance, and security per the requirements of this article for an oil, gas, or combined well permit, shall determine whether the application complies in all respects with the provisions of this article and determine if the proposed well to be drilled or the facility to be installed is in compliance with the distance requirements for the requested permit on the date the completed application is received by the oil and gas inspector.

(3)

The provisions of this article shall apply to any dwellings or buildings for which an application for a building permit has been submitted on the date the application for an oil, gas, or combined well permit is filed with the oil and gas inspector.

(4)

All new and/or proposed construction of any buildings, structures, streets, roads, and/or applicable improvements to the property upon which any oil and/or gas well is located must be in compliance with all applicable setback requirements enumerated in this article.

(5)

If all the requirements of this article are met, the oil and gas inspector shall issue a permit for the drilling of the well or the installation of the facilities for which the permit application was made.

(6)

If the oil and gas inspector denies a permit application for cause as set out in this article for the requested oil, gas, or combined well permit, the oil and gas inspector shall notify the operator in writing of such denial stating the reasons for the denial. Within 30 days of the date of the written decision of the oil and gas inspector to deny the permit, the operator may cure those conditions that caused the denial and resubmit the application to the oil and gas inspector for approval and issuance of the permit. Additionally, the operator may file an appeal to the oil and gas board of appeals under the provisions outlined in this article pursuant to section 138-476.

(d)

Well setbacks for oil and gas well permits.

(1)

It shall be unlawful to drill, re-drill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located:

a.

Within 1,000 feet from any public park;

b.

Within 1,000 feet from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the oil and gas inspector;

c.

Within 500 feet from any building used, or designed and intended to be used, for human occupancy;

d.

Within 500 feet from any lease line as indicated on railroad commission form W-1, or recorded property, lot or tract line;

e.

Within 500 feet from any existing storage tank, or source of potential ignition;

f.

Within 500 feet of any public street, road, highway, or right-of-way line;

g.

Within 100 feet of any building accessory to, but not necessary to the operation of the well; or

h.

Within 1,000 feet to any fresh water well.

(2)

The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the any object listed in subsections (d)(1)a. through h. of this section.

(3)

For purposes of this section, a "building used, or designed and intended to be used, for human occupancy" means an enclosed space, other than a residence, in which individuals congregate for amusement or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress, light, and ventilation facilities.

(4)

The distances set out in subsection (d)(1) of this section may be reduced at the discretion of the oil and gas board of appeals pursuant to section 138-476, but never less than 500 feet from any dwelling or any other building used, or designed and intended to be used for human occupancy. All distance reductions shall be documented as variances to the requested permit prior to issuance.

(5)

Tank batteries, well facilities and equipment shall be located at least 1,000 feet from any public park, or from any residence, religious institution, public building, hospital building or school, or any other building used, or designed and intended to be used, for human occupancy for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects to the closest exterior point of the building.

(e)

Fencing requirements for oil and gas well permits.

(1)

A chainlink fence, a minimum of eight feet in height with 3½-inch mesh interwoven with opaque slats, shall enclose all completed wells and tanks located within a well permit area.

(2)

Gate requirements and other fencing requirements as outlined in section 138-472 shall also be required.

(f)

Landscaping. Screening shrubs shall be installed completely around the well site and all fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a maximum of five feet and, if necessary, 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 to the oil and gas inspector for approval.

(g)

Vehicle routes for oil and gas well permits. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as arterials, collectors or local commercial as delineated in the thoroughfare plan. The vehicles shall be operated on state arterials whenever capable of being used. Such vehicles shall be operated only on arterials, collectors and local commercial only when it is not possible to use a state arterial to fulfill the purpose for which such vehicle is then being operated.

(h)

Work hours for oil and gas well permits. Site development, other than drilling, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to and between the above same work hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request a variance from the oil and gas board of appeals, pursuant to section 138-476.

(i)

Noise restrictions for oil and gas well permits.

(1)

No drilling, producing or other operations shall produce a sound level greater than 78 dBa when measured at a distance of 300 feet from the production equipment in question. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions, four feet above ground level, when measured at a distance of 300 feet from the production equipment. A maximum sound level of 85 dBa shall apply to formation fracturing when measured at a distance of 300 feet from the production equipment in question.

(2)

No person shall operate or permit to operate in connection with the operation of a producing well any engine, compressor or motor-driven machinery of any type which creates a sound level greater than 65 dBa when measured at a distance of 300 feet from the well site. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions measured at a distance of 300 feet from the well site.

(3)

Sound level measurements shall be made with a sound level meter conforming as a minimum, to the requirements of the American National Standards Institute.

(4)

If sound levels exceed the dBa levels referenced in subsections (i)(1) and (2) of this section, the oil and gas inspector may require sound reducing mufflers.

(j)

Tank specifications for oil and gas well permit. All tanks and permanent structures shall conform to the American Petroleum Institute (API) specifications unless other specifications are approved by the fire chief. The top of the tanks shall be no higher than eight feet above the terrain surrounding the tanks.

(k)

Building permit required.

(1)

No building or structure regulated by the current code adopted by the city shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the building official.

(2)

It shall be the responsibility of any person, firm, or corporation, upon submittal of an application for a building permit for work regulated by the current code adopted by the city, to register as a general contractor with the city. Work regulated includes, but is not limited to: construction of gates, fencing, plumbing, irrigation, electricity, roadways, entrances, compressors, flow lines, pipelines, gathering lines, tank batteries, and buildings. Such registration shall be upon forms supplied by the building official and shall become null and void on December 31 of each year. An appropriate fee for registration shall be assessed in accordance with the city fee schedule.

(l)

Additional requirements. All other provisions outlined in this article shall be required.

(Ord. No. 2007-06-056, § 2(39-330), 6-5-2007)