§ 43-5. Gas well permit required.

(a)

A person wanting to engage in and operate in gas production activities shall apply for and obtain a gas well permit under this chapter and shall indicate what type of gas well permit is requested. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re-working, fracturing or operation of any such well or to conduct any activity related to the production of gas without first obtaining a gas well permit issued by the city in accordance with this chapter. Such activities include, but are not limited to reworking, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing.

(b)

Operator must apply for and obtain a gas well permit for the drilling, re-drilling, deepening, re-entering, activating or converting of each well. The operator may apply for and obtain a "blanket" gas well permit for more than one well if multiple wells are located on the same tract of land.

(c)

A gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new gas well permit in accordance with the provisions of this chapter if the operator is re-entering and drilling an abandoned well.

(d)

When a gas well permit has been issued to the operator for the drilling, re-drilling, deepening, re-entering, activating or converting of a well, such gas well permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair, re-working, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well, provided, however, that a new or supplemental permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening or converting such well to a depth or use other than that set forth in the then current permit for such well.

(e)

Any person who intends to re-work a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion shall give written notice to the inspector no less than ten days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and 24-hour phone number of the person conducting the activities. If requested by the inspector, 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. If the inspector determines that an inspection is necessary, the operator shall pay a fee in accordance with the Fee Schedule in Appendix C of the Code of Ordinances.

(f)

The following requirements shall apply to all fracture stimulation operations performed on a well within 300 feet of a residence:

1)

At least 48 hours before operations are commenced, the operator shall post a sign at the entrance of the well site advising the public of the date the operations will commence;

2)

Vehicle traffic associated with "flowback" operations to recover fluids used during fracture stimulation shall be limited to daylight hours only unless the inspector approves such traffic during non-daylight hours;

3)

A watchman shall be required at all times during such operations; and

4)

At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.

(g)

A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the issuance. For purposes of a "blanket" gas well permit, drilling must commence on at least one well within 180 days from the date of the issuance. A gas well permit may be extended by the inspector for one additional 180 days upon request by the operator and proof that the classification of the requested gas well permit for such location has not changed.

(h)

The gas well permits required by this chapter are in addition to and are not in lieu of any permit which may be required by any other provision of this Code or by any other governmental agency.

(i)

No gas well permit shall be issued for any well to be drilled within any public park without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.

(j)

No gas well permit shall be issued for any well to be drilled within any floodway identified by FEMA on the most current FIRM.

(k)

No gas well permit shall be issued for any property not appropriately zoned by the city for well drilling, and production and/or the required conditional use permit.

(l)

No gas well permit shall be issued unless the pad site is graded in such a way as to comply with the following:

1)

Any fill material shall not be higher than the highest elevation along the perimeter of the adjacent tracts, parcels or platted lots, however; fill material placed on pad sites shall not exceed three feet in height above the highest elevation along the perimeter of the adjacent tracts, parcels or platted lots.

2)

The slope of the fill material is a maximum ratio of three feet horizontal to one-foot vertical.

3)

Fill material must be leveled and graded for positive drainage.

4)

The placement of fill material may not cause the release of dust and/or odor damage any public improvements or public infrastructure; or be placed in a floodway; result in flooding or significant increase in runoff to adjacent properties in accordance to state law.

5)

Erosion control measures must be implemented to prevent any off-site migration of silt and sediment.

The public works director upon recommendation from the city engineer, may grant an administrative waiver to the above regulations.

(m)

No gas well permit shall be issued for any well to be drilled on city owned property without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.

(n)

By acceptance of any gas well permit issued pursuant to this chapter, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this chapter. The terms of this chapter shall be deemed to be incorporated in any gas well permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such gas well permit.

(o)

An annual permit fee as set forth in the city's fee schedule will apply to each permitted well head.

(Ord. No. O-2011-010-11, § 1(Exh. A), 9-12-11)