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Moore City Zoning Code

CHAPTER 9

OIL AND GAS REGULATIONS

Sec 12-901 Definitions

  1. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Abandoned well means:
    1. Each well in which no production casing has been run, and for which drilling or testing operations have ceased for 30 consecutive days; or
    2. Any other well for which there is no current city permit.

    Artificial production
    means the raising to the surface of the earth, by means other than natural flow, of petroleum or natural gas.

    Block
    means a tract of land within the corporate limits of the city, having for its exterior boundaries, public streets, roads, highways, corporate limits of the city, railway rights-of-way, roads or streets and highways shown on the recorded plat of the original town and additions thereto, but which are not open for public use, or bounded at its exterior limits by a combination of such. However, if the laws and regulations of the United States or the state prevent or make it impracticable to drill an oil well in an area as small as a city block of the city, then it is the intention of this chapter that the term "block" as herein used shall mean and include, and be construed to mean and include such area of the city in addition to an ordinary block, as will make the total area great enough to comply with such laws and regulations. Further in the building up an area sufficient in size to comply with such laws and regulations, the area taken to be added to a block, shall not be less than one-half the area of the block from which taken, and may be divided either north and south or east and west.

    Corporation
    commission means the state corporation commission.

    Deleterious substance means any chemical, salt water, oil field brine, waste oil, waste emulsified oil, basic sediment, mud or injurious substances produced or used in the drilling, development, producing, transportation, refining and processing of oil, gas or condensate.

    Enhanced recovery means an operation by which fluid or energy is introduced into a source of supply for the purpose of facilitating recovery therefrom.

    Mayor means the chief elected official of the city.

    Natural production means the raising to the surface of the earth, by natural flow, petroleum or natural gas.

    Oil and gas inspector means that person, firm or corporation qualified and employed by the city to enforce the provisions of this chapter, or his authorized representatives.

    Oil well means the ordinary and accepted meaning of such expression, or name, and in addition thereto shall include natural gas wells, casinghead gas well and salt water well.

    Permittee means the person to whom is issued a permit under the terms of this chapter.

    Person means and includes any person, firm, partnership, association, corporation, trust, cooperative, or other type of organization.

    Pollution means the contamination or other alteration of the physical, chemical, or biological properties of any natural waters of the city, or such discharge of any liquid, gaseous or solid substance into any water of the city as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety, or welfare; to domestic, commercial, industrial, agricultural, recreational, or other beneficial uses; or to livestock, animals or aquatic life.

    Pressure maintenance means an operation by which gas, water or other fluids are injected into a supply of oil to maintain pressure or retard pressure decline therein for the purpose of facilitating recovery therefrom, and which has been approved by the corporation commission after notice and hearing.

    Salt water means any water containing more than 500 mg/l chlorides.

    State means the State of Oklahoma, its branches, departments, agencies, boards or the officers thereof.

    Treatable water means surface and subsurface water in its natural state which may or may not require treatment to be useful for human consumption, and contains less than 10,000 ppm total dissolved solids or 5,000 ppm chlorides.

    Water, waters of the city or city water means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon the city or any portion thereof.

    Well means, unless specifically qualified, any hole or bore to any depth for the purpose of producing and recovering any oil, gas or liquefied petroleum matter or deleterious substances, or for the injection or disposal of any of the foregoing.
  2. All technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.

(Prior Code, § 6-161; LDC 1991, § 12-901)

Sec 12-902 Permits Required

  1. No person shall drill, re-enter, maintain an oil, gas, injection or disposal well, or otherwise mine or produce other minerals, without having previously obtained a permit as provided in this chapter.
  2. Each such permit shall cover and provide for the drilling, maintaining and operating only one oil well, and not more than one oil well shall be drilled in any one block. However, in the discretion of the city manager, a permit as herein provided for may be issued for the drilling of a second well in any one or more blocks if the first well is producing in substantially paying quantities, and such second well may then be drilled to a new horizon, or source of supply, where such new horizon, or source of supply, is substantially different from that to which the first well was drilled and in which the first well is operating.

(Prior Code, § 6-162, in part; LDC 1991, § 12-902)

Sec 12-903 Application; Contents

Each permit shall cover only a single site and applicants desiring a permit to drill, re-enter, maintain or operate an oil, gas, injection or disposal well shall submit:

  1. A description of the location of the well, specifying and identifying the well location within a particular ten-acre tract within a specific quarter, section, township and range, including thereon the distance to all existing dwelling houses, buildings or other structures designed for the occupancy of human beings or animals within 600 feet of any such well, and the location of all known existing oil, gas or fresh water wells within the ten-acre tract;
  2. A list of all equipment that will be utilized in the drilling, operation or maintenance of the particular well;
  3. The mud program to be utilized on that particular well;
  4. A copy of the approved drilling permit from the corporation commission and a copy of the staking plat;
  5. The size, depth and quality of surface and production casing;
  6. A statement of the provisions for water for the drilling rig;
  7. A written plan for disposal of deleterious substances produced during the drilling operations and any deleterious substances produced as a result of production from the well. This plan shall include the method of transportation for the deleterious substances and the name and location of the permitted disposal site, including a copy of the permit for the disposal site and a contract with the owner of the permitted site for the disposal of the deleterious substances, or in the alternative, provide proof of ownership of the permitted disposal site. The permittee shall provide monthly reports to the city of the amount of salt water and other deleterious substances produced, along with receipts for disposal of same;
  8. The names of the surface and surface lease owners;
  9. A drilling prognosis, to specify in detail the amount, weight and size of conductor pipe and surface pipe and the procedures to be used for cementing such. Plugging procedures to be used in the event production is not established shall also be specified;
  10. A statement of verification by the applicant that all submitted information is accurate;
  11. Each applicant shall deposit with the city clerk cash or other certified funds as nonrefundable application fee in an amount as determined by the city council by motion or resolution and contained on the city schedule of fees and charges.

(Prior Code, § 6-162, in part; LDC 1991, § 12-903; Ord. No. 227(98), 3-16-1998)

Sec 12-904 Purpose

Whereas the imprudent operation of an oil and gas facility can constitute a menace to the public health, safety and welfare of the city, it is the intent and purpose of this chapter that oil and gas operations be reasonably regulated for the public good.

(Prior Code, § 6-163; LDC 1991, § 12-904)

Sec 12-905 Issuance Restricted; Bond As Prerequisite

Prior to the issuance of any permit, the applicant shall deposit with the city clerk, cash or certified check in the amount as set by the city council to cover the administrative overhead and inspection enforcement during the first year's operation. The application shall be in writing, signed by the applicant or by some duly authorized representative and contain the information required in sections 12-902 and 12-903 and be accompanied by bond/insurance outlined in section 12-906.

(Prior Code, § 6-164; LDC 1991, § 12-905)

Sec 12-906 Permittee's Insurance And Bond

  1. In the event a permit shall be issued by the oil and gas inspector, no actual operations shall be commenced until the permittee shall file with the city bonds and a certificate of insurance as follows:

    A bond in the principal sum of $25,000.00. The bond shall be executed by a reliable insurance company authorized to do business in the state, as surety, and with the applicant as principal, running to the city for the benefit of the city and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this chapter in the operation of the well for either natural or artificial production, injection or disposal. The bond shall become effective on or before the date the same is filed with the city and remain in force and effect for at least 12 months subsequent to the expiration of the permit term, and in addition the bond will be conditioned that the permittee will promptly pay fines, penalties and other assessments imposed upon the permittee by reason of his breach of any of the terms, provisions and conditions of this chapter, and that the permittee will promptly restore the streets, sidewalks and other public property of the city which may be disturbed or damaged in permittee's operations, to their former condition; and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances, and will, after abandonment, grade, level and restore the property to the same surface condition, as practicable as is possible, as existed prior to commencing operations; and further that the permittee shall indemnify and hold harmless the city from any and all liability attributable to granting the permit. If, after the completion of a producing well, the permittee has complied with all of the provisions of this chapter, such as removing derrick and clearing the premises, he may apply to the oil and gas inspector to have the bond reduced to a sum of not less than $10,000.00 for the remainder of the time the well produces without reworking. During reworking operations the amount of the bond shall be increased to the original amount.
  2. In addition to the bond required in subsection (A) of this section, the permitee shall submit and maintain a pollution insurance policy which meets the following requirements:
    1. Said insurance policy shall be a standard pollution liability insurance policy providing for a minimum coverage of $1,000,000.00 for each occurrence.
    2. Said insurance policy must be issued by a reliable insurance broker licensed to do business in the state, with the applicant/permittee and the city named as co-insured.
    3. Said insurance policy shall be maintained in full force and effect from commencement of drilling operations until the well is plugged and abandoned in accordance with this chapter, including the entire period during which production activities are conducted. The legal description of the well location shall be specified in the insurance policy, or any endorsement thereto, with respect to each well covered by such insurance.
    4. All insurance policies shall provide that the policy may not be canceled without written notice to the inspector at least 30 days prior to the effective date of such cancellation. In the event said policy is canceled, the permit granted shall immediately terminate without any action on the part of the inspector, and the applicant/permittee's rights to operate under said permit shall cease until the applicant/permittee files additional insurance required herein.
    5. The deductible for any pollution insurance policy shall not exceed $25,000.00.
    6. In addition to the insurance policy, the permittee shall be responsible for the following:
      1. Will comply with every applicable federal and state law, rule, regulation, standard or directive relating to the maintenance of the safe and beneficial physical, chemical and biological properties of any natural waters of the city;
      2. Shall obtain the necessary permits from the city and state with regard to any operations which have the potential of rendering such waters harmful or detrimental or injurious to the public health, safety and welfare;
      3. Shall bear all the costs necessary and incidental to the correction of any pollution to the waters caused by the permittee or permittee's agents, servants, employees, subcontractors or independent contractors;
      4. Shall pay all fines, penalties, assessments or judgement resulting directly or incidentally from the permittee's activities and which result in pollution of city waters; and
      5. Shall indemnify and hold harmless the city from any and all liability resulting from the pollution of city waters.
  3. In addition to the bonds required in subsections (A) and (B) of this section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city, issued by an insurer authorized to do business within the state. The policy or policies in the aggregate shall provide for the following minimum coverage:
    1. Bodily injuries, $100,000.00 per person; $300,000.00 per accident; and
    2. Property damage, $200,000.00.

      The permittee shall file with the city certificates of the insurance as above stated, and shall obtain the written approval thereof of the oil and gas inspector who shall act thereon promptly after the date of such filing.
  4. The insurance policy or policies shall not be cancelled without written notice to the oil and gas inspector at least 30 days prior to the effective date of such cancellation. In the event the policy or policies are cancelled, the permit granted shall immediately thereupon terminate without any action on the part of the oil and gas inspector, and the permittee's rights to operation under the permit shall cease until the permittee files additional insurance as provided herein.
  5. If, after completion of a producing well, the permittee has complied with all of the provisions of this chapter, such as removing derricks, clearing premises, and the like, he may apply to the oil and gas inspector to have the insurance policy or policies reduced as follows:
    1. Bodily injuries, $50,000.00 per person; $100,000.00 per accident; and
    2. Property damage, $50,000.00.

(Prior Code, § 6-165; LDC 1991, § 12-906; Ord. No. 442(04), 2-2-2003)

Sec 12-907 Enhanced Recovery And Saltwater Or Deleterious Substances Disposal Wells

No person shall re-enter any well or drill an original well to be used for enhanced recovery or disposal of saltwater or other deleterious substances without first obtaining the necessary permit therefor. Such permit shall consist of two separate parts:

  1. Permit to drill or re-enter and construct; and
  2. Permit to operate.

(Prior Code, § 6-166, in part; LDC 1991, § 12-907)

Sec 12-908 Application

  1. An application for the permit to drill or re-enter a well for enhanced recovery or substance disposal shall be in the same form as that required for a permit to drill an original well, and shall contain complete information required by the oil and gas inspector, including the following:
    1. A block map of the well site, showing all equipment to be used thereat, location of pipelines, access road, and distances from the well to any and all fences, public roadways, and buildings within a radius of 330 feet;
    2. A block map of the project, showing the location of:
      1. All water supply wells within a one-fourth mile radius of each injection or disposal well;
      2. All public water supply wells, disposal wells, injection wells, producing wells and plugged and abandoned wells within the project area and those sections immediately adjacent;
      3. All conduits; and
      4. Tank battery, pumping station and appurtenant equipment;
    3. All wells within the project area and those sections immediately adjacent shall be indicated by status (e.g., plugged and abandoned, injection, salt water, oil, etc.), and show the following additional information:
      1. Footage location (surface casing);
      2. Derrick floor and ground level elevation;
      3. Drilled total depth;
      4. Packer body total depth;
      5. Size, depth and quality of surface and production casing, including zones from which casing has been removed;
      6. Location of all plugs, packers, cement plugs, and tubing anchors, with the well bore;
      7. Depth and nature of all cement squeeze jobs;
      8. Formation name and depth of all open perforations in a producing open hole;
      9. Volume and type of cement used on surface and production strings; and
      10. Top of cement;
    4. One copy of all electric, mechanical, sample and driller's logs, if available;
    5. Fee and operation name for each well;
    6. One copy of all cement bond logs and production logs;
    7. One copy of all work performed of the well; and
    8. Copies of all information supplied to the corporation commission, and the commission's approval of the project.
  2. All operators, contractors, drillers, service companies, pipe-pulling and salvaging contractors, or other persons, shall be knowledgeable of and prepared to implement, if necessary, emergency procedures as detailed in the state corporation commission's "Guidelines for Petroleum Emergency Field Situations in the State of Oklahoma."

(Prior Code, §§ 6-162, in part, 6-166, in part; LDC 1991, § 12-908)

Sec 12-909 Maintenance Of Test Water Well Required For Enhanced Recovery Or Disposal Wells

  1. During the entire period of maintenance or operation of any enhanced recovery or disposal well, the permittee and the operator thereof shall be under the duty to maintain the test water well required to be drilled pursuant to section 12-913.
  2. Every six months from and after the issuance of the permit for the enhanced recovery or disposal well, the permittee and the operator thereof shall cause water samples to be obtained from the test water well by a registered professional engineer. The engineer shall then subject the water sample to an analysis to determine all the following:
    1. Chloride content;
    2. pH;
    3. Conductivity;
    4. Total dissolved solids;
    5. Sulphates; and
    6. Barium content.
    A certified report containing the results of such analysis shall then be forthwith filed with the oil and gas inspector.
  3. The testing and analysis required by subsection (B) of this section shall be the responsibility of the permittee and operator and at their expense, and shall be conducted by a registered professional engineer approved by the oil and gas inspector. The oil and gas inspector shall be notified in writing ten days in advance of such testing and may be present therefor.
  4. The oil and gas inspector is hereby empowered to require further water testing procedures to be conducted or test water wells to be drilled as are necessary, in his judgment, to safeguard all waters of the city from pollution.

(Prior Code, § 6-166, in part; LDC 1991, § 12-909)

Sec 12-910 Action By City

Upon the completion of the application required hereunder, the oil and gas inspector shall have 30 business days to review same and make a recommendation of approval or disapproval to the mayor and city council.

(Prior Code, § 6-166, in part; LDC 1991, § 12-910)

Sec 12-911 Right To Refuse

Notwithstanding any provision of this chapter, the city council may, in its discretion, direct the city inspector to refuse to grant to any person a permit to drill, maintain or operate an oil well within the city limits and may refuse to grant a renewal of any permit; provided however, the applicant has complied with all provisions of the Charter and the original permit was prior to the effective date of this order.

(Prior Code, § 6-167; LDC 1991, § 12-911)

Sec 12-912 Suspension

The city manager is hereby granted authority to suspend the oil well permit issued under this chapter where any of the provisions of this chapter or any amendments thereto are violated, which suspension shall be effective until such time as such person shall comply with the provisions of this chapter. Before suspending any such permit, the city manager shall cause written notice to be served upon the licensee advising such licensee that a hearing will be had at a time and place fixed in such notice to determine whether the permit held by such permittee shall be suspended. Five days' notice of the time of the hearing shall be given. It shall be unlawful and an offense for any person to operate any well during any period in which the permit covering the operation of such well is so suspended. The provisions of this section shall in no way limit or interfere with the enforcement of the penal ties for the violation of ordinances generally, but shall be cumulative and in addition to such penalties.

(Prior Code, § 6-168; LDC 1991, § 12-912)

Sec 12-913 Drilling And Operation Regulations, Oil And Gas Wells

In the drilling, operation or maintenance of any oil or gas well in the city, all of such operations shall be subject to the following regulations, and violations thereof are hereby declared unlawful and an offense:

  1. No oil or liquid with oil content, gasoline or other oil product, surface mud or rotary mud, sand or salt water shall be disposed of by draining or diverting the same into or upon any public highway, street or alley, drainage ditch, storm sewer, sanitary sewer, gutter or paving; nor shall any of such substances be permitted to escape from the property owned, leased or controlled by the person carrying on such operations by seepage or overflow.
  2. No steam engine, gasoline, natural gas, diesel or other internal combustion engine shall be operated within the corporate limits of the city without being muffled.
  3. No earthen pits or other excavations shall be constructed. All pits are restricted to steel vessels for circulation of fluids.
  4. All storage tanks or other tanks intended to contain inflammable substances shall be protected by earthen embankments thrown up about the same in such manner as to adequately contain all the contents or intended contents of such tanks; and no such tanks shall be erected or installed nearer than 600 feet to any dwelling, house, established business structure, street, highway, industry, church or school. However, this subsection shall not apply to those oil or gas wells or any of its appurtenances or tanks which were permitted prior to the passage and effective date of the ordinance from which this chapter is derived, but those previous wells shall comply with the setback and distance requirements in full force and effect at the time of the issuance of the initial permit.
  5. No oil or gas well shall be drilled, operated or maintained, nor shall any of the operations in connection therewith be carried on, nearer than 600 feet, by the shortest distance, to any church, school building, residence, industry, commercial building, public or private water well, or any other structure where people congregate. However, this subsection shall not apply to those oil or gas wells or any of its appurtenances or tanks which were permitted prior to the passage and effective date of the ordinance from which this chapter is derived, but those previous wells shall comply with the set back and distance requirements in full force and effect at the time of the issuance of the initial permit.
  6. Approved equipment, devices and methods for the safety of life and property, such as are commonly known in the oil drilling and producing business, must be used in the city in the carrying on of all the operations covered by this chapter, and the failure to use any of such equipment, devices or methods in any substantially important question, shall be a ground for immediately stopping further work until such failure has been corrected.
  7. Surface pipe shall be set in each and every oil well drilled in the city to a depth of not less than 1,300 feet from the surface of the ground on which such well is drilled, and cemented at that depth by the pressure cementing process such as is used by the Halliburton Cementing Company. Such well shall not again be entered for drilling or deepening purposes until the elapse of 24 hours. The cement shall have 800 pounds compression strength and shall be so certified by the cementer to the city inspector. This section is for the purpose of preventing the contamination of the water wells which supply water for domestic purposes to the city .
  8. The premises upon which any oil well is drilled, operated or maintained shall be kept free from accumulations of rubbish, litter, unused materials or equipment, excessive rotary mud and waste oil or oily substances or other waste oil product, so far as such premises may be reasonably kept free of the same in the carrying on the operations covered by this chapter.
  9. Where, in installation, erection or construction work by virtue of permits issued under this chapter, sidewalks or the surface of streets, alleys or other rights-of-way, or any other public property is disturbed, damaged or destroyed, the same must be replaced, or restored to its original condition, or better, in as short a period of time thereafter as the same may be reasonably done.
  10. All piping, pipelines, connections and fixtures shall be equivalent, both as to installation as well as material used, to the specifications of the National Gas Safety Code as adopted and approved by the United States Department of Commerce as the same is now in force and effect.
  11. All derricks erected must be carried on in compliance with the rules, regulations and specifications promulgated by the corporation commission of the state, and the various departments of such commission. Failure to abide by such rules, regulations and specifications in the case of any substantially important operation shall, in addition to the other penalties provided in this chapter, automatically operate as a forfeiture and cancellation of all permits obtained in the case of the particular well where such violations occur, and automatically terminate the right to continue such work or any part thereof excepting such as may be necessary for safety or to prevent serious loss; and such operation shall not be continued until a new permit has been obtained and paid for on the same basis as a new and original permit.
  12. Full and accurate drilling floor information, and any and all other full and accurate information pertaining to operations under permits procured under this chapter, shall be furnished the city manager or the chief of police or any of his duly authorized agents at any time. Such information shall be supplied upon demand and without unnecessary delay.
  13. Full police authority for the purpose of enforcing the provisions of this chapter are hereby given to the city inspector or to any other duly authorized agent of the city manager.
  14. No pipelines of any kind, no power transmission system of any kind, no communication systems of any kind and no other transmission systems of any kind shall be erected or installed in, along, across, under or over any street, alley, highway or railroad right-of-way in the city except by special consent of the city manager.
  15. All roads leading from existing public or private roads to the drilling, pumping or tank area shall be graveled or otherwise hard-surfaced and maintained in a manner to prevent rutting during severe rains, snow or other inclement weather.
  16. Any person who owns, operates or maintains any oil or gas well, and/or storage tanks associated with an oil or gas well, that is located within 300 feet of residentially zoned property, including zoning districts RE through R-4, shall comply with the following:
    1. Said oil or gas well and/or storage tanks shall be enclosed by a sight-proof fence constructed of treated pine wood or better with spaces no more than one-fourth inch between each slat with posts made of metal and set in concrete for stability.
      1. The fencing shall be between six feet to eight feet in height;
      2. The construction of said fence shall be of professional quality with the tops of the wood slats or panels level and the supporting posts level with the fencing;
      3. The fencing shall be kept in good repair at all times. A fence having any of the following characteristics shall be considered to be in violation of this chapter:
        1. Three or more missing or broken panels;
        2. Lean posts being used to keep the fence erect;
        3. Patches made to the fence that are not in the original fence material;
        4. Three or more broken or missing slats;
        5. Broken fence posts; and
        6. Leaning panels or fence posts; or
    2. In lieu of the sight-proof fencing requirements, any person who owns, operates or maintains any oil or gas well, and/or storage tanks associated with oil or gas well, shall install an approved landscaping package and maintenance plan that satisfies the intent of subsection (s) of this section, in addition to a non-opaque fence as outlined in subsection (s) of this section.
      1. The tree and shrub placement plan and species shall be approved by the community development director prior to installation.
      2. The maintenance plan shall detail the actions to be taken by the applicant within a five-year period to maintain the trees and/or shrubs, including, but not limited to, a watering schedule, irrigation, if applicable, pruning schedule, and replacement plan for dead or diseased trees.
    3. To determine if any oil or gas well and/or storage tank falls within 300 feet of a residentially zoned property, the apparent center of the pump jack and/or the storage tanks shall be the basis for determining the 300-foot radius. The community development department shall review each oil or gas well and/or storage tank as they relate to the current zoning map at the date of the annual permit renewal to determine the oil and gas wells and/or storage tanks that shall comply with the sight-proof fencing or landscaping requirements.
  17. Any person who owns, operates or maintains any oil or gas well, and/or storage tanks associated with oil or gas well, is required to keep all facilities secure within a fence. All fences, regardless of the required fencing material, shall meet the following requirements:
    1. Fences shall be between six feet to eight feet in height.
    2. All gates or openings in the fence shall be kept locked when authorized persons are not within the enclosure.
    3. The fence posts shall be of metal and set in concrete for stability.
    4. Barbed wire along the top of the fence shall be utilized for security purposes.
  18. Any person who owns, operates or maintains any oil or gas well, and/or storage tanks associated with an oil or gas well, shall be required to keep all fences and lease equipment facilities in good repair, and shall be painted as necessary to eliminate rust and/or corrosion. The paint shall be of earth-tone to blend in with the landscape.
  19. Any person who completes or re-enters any oil or gas well, and/or erects new storage tanks, located within the city limits after the passage and effective date of the ordinance from which this chapter is derived shall meet the following landscaping requirements:
    1. Such persons shall install evergreen trees completely around the well site, storage tanks, fencing, and/or lease equipment of facilities at a spacing of 30 feet offcenter, excluding the maintenance entrance, and such trees shall be a minimum of two-inch-caliper at time of planting.
    2. The vegetation shall be a minimum of six feet in height at maturity.
    3. The vegetation shall be sufficient to screen from view the structures sought to be screened at maturity.
    4. The vegetation shall be kept in an attractive state, alive and in good condition at all times by the permittee.

(Prior Code, § 6-169, in part; LDC 1991, § 12-913; Ord. No. 574(07), 10-1-2007; Ord. No. 615(08), 3-17-2008)

Sec 12-914 Drilling And Operation Regulations, Injection And Disposal Wells

  1. Every injection or disposal well shall be constructed so as to seal the injection zone from the upper portion of the casing. The annulus between the injection tubing and the casing shall be filled with a noncorrosive fluid, then sealed, and a one-fourth inch female fitting with cut-off valve shall be attached so that the pressure in the annulus may be measured by the oil and gas inspector by attaching a gauge having a one-fourth inch male fitting. A pressure shall be maintained in the annulus sufficient to monitor the fluids in the annulus. Any significant deviation from the established pressure shall be cause to shut down the well and may result in cancellation of the operating permit until such time as established pressure can once again be maintained.
  2. Each application for injection or disposal wells shall be in the same format as for a permit to drill an original well and shall additionally require the following information:
    1. A block map of the project locating all existing oil wells, their status, surface casing depths and producing horizons within one-half mile of the proposed well;
    2. All public water supply wells within one-half mile of the proposed well;
    3. All existing conduits, tank batteries and pumping stations;
    4. All dwellings of human habitations within 1,000 feet; and
    5. A schematic of the proposed completed site showing casing schedules, injection zones and associated formation data.
  3. Injection lines shall be buried in a trench of a depth no less than four feet, and shall be pressure tested (static) annually, at a minimum of 150 percent of the pressure normally encountered at the injection pump discharge, for a period of hours to be fixed by the oil and gas inspector. The oil and gas inspector shall be notified five days in advance of such test and may supervise same. Test results shall be filed with the city upon completion.
  4. Prior to the issuance of a permit for any enhanced recovery or disposal well, the applicant shall submit a report by a registered professional engineer by which the engineer certifies to all of the following:
    1. A test water well has been drilled within 200 feet of the proposed enhanced recovery or disposal well location;
    2. The test water well has been drilled in the direction from the proposed enhanced recovery or disposal well location which represents the direction of the greatest risk to the Garber-Wellington aquifer;
    3. The test water well has been drilled to the greatest depth at which treatable water was first encountered, cemented back and perforated in the lower most potable water zone; and
    4. A sample of water has been taken from the test water well and has been subjected to analysis to determine all of the following:
      1. Chloride content;
      2. pH; and
      3. Barium content.

The report submitted shall also indicate the results of the water sample analysis required under subsection (D)(4) of this section. The permittee or the operator of the enhanced recovery or disposal well shall also be under a duty to conduct further periodic water well tests.

(Prior Code, § 6-169, in part; LDC 1991, § 12-914)

Sec 12-915 Annual Inspections And Fee

  1. There is hereby levied an annual inspection fee as set by the city for each succeeding year after each oil well is drilled, operated or maintained in the city. The initial fee paid with and accompanying the application in the first instance, shall also include the granting of the permit; each such successive annual fee paid after the first one shall also cover and include permission to continue such drilling, operation and maintenance operations.
  2. An annual inspection shall be required to maintain a permit in good standing with the city. The inspection shall include reviewing all of the following requirements as stated in section 12-913, and shall specifically include the following, but not limited to:
    1. All oil, gasoline, oil product, or product surface mud or rotary mud shall be completely contained on the property owned, leased, or controlled by the operator.
    2. All internal combustion engines shall be muffled.
    3. Storage tanks shall utilize earthen berms sufficient to contain the contents of the tanks.
    4. The premises shall be free from accumulations of rubbish, litter, unused materials or equipment, excessive rotary mud, waste oil or oily substance.
    5. All oil or gas well equipment and/or storage tanks shall be painted to prevent rust or corrosion using an earth-tone color.
    6. All oil or gas wells and/or storage tanks shall be enclosed by a six-foot-high sight-proof fence.
    7. All oil or gas well and/or storage tanks shall be landscaped with alive and healthy evergreen trees, as required in section 12-913, if applicable.
    8. A sign shall be posted on the premises stating the owner and a 24-hour emergency contact.

(Prior Code, § 6-170; LDC 1991, § 12-915; Ord. No. 599(07), 10-1-2007)

Sec 12-916 Pooling Of City Lots Or Blocks

Nothing in this chapter shall prevent or be construed to prevent the pooling of city lots or blocks of the city with land adjacent to and outside the corporate limits of the city for oil wells drilled, maintained or operated on any such city blocks or lots so pooled without compliance with this chapter.

(Prior Code, § 6-171; LDC 1991, § 12-916)

Sec 12-917 Slush Pits Prohibited

It is unlawful for any person, firm or corporation to build, excavate, construct or maintain any earthen excavation commonly known as a slush pit for the deposit of oil, liquid with oil content, gasoline or other oil product, surface or rotary mud, sand or salt water, or other waste in connection with oil wells, and it shall be unlawful for the same to stand open and exposed within the corporate limits of the city.

(Prior Code, § 6-173; LDC 1991, § 12-918)

Sec 12-918 Deleterious Substances, Prohibited

The drilling or operation of injection wells injecting salt water, mineral brines, waste oil or other deleterious substances, produced from or obtained or used in connection with the drilling, exploration for or development and producing of oil and gas into or back into the earth, is prohibited.

(Prior Code, § 6-174; LDC 1991, § 12-919)