OR 2013-1332 Oil & Gas Drilling & Production
ORDINANCE NUMBER 2013-1332
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF COPPELL, REPEALING ARTICLE 9-26, “OIL AND GAS
DRILLING AND PRODUCTION,” IN ITS ENTIRETY, AND REPLACING
WITH A NEW ARTICLE 9-26, “OIL AND GAS DRILLING AND
PRODUCTION,” REGULATING THE DRILLING AND PRODUCTION
OF OIL AND GAS WELLS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR INSPECTOR/TECHNICAL ADVISOR; PROVIDING
FOR OPERATOR’S AGENT; PROVIDING FOR OIL OR GAS WELL
PERMIT REQUIREMENTS; PROVIDING FOR PERMIT APPLICATION
AND FILING FEES; PROVIDING FOR PERMIT PROCESS;
PROVIDING FOR THE ISSUANCE OF OIL OR GAS WELL PERMITS;
PROVIDING FOR AMENDED OIL OR GAS WELL PERMITS;
PROVIDING FOR SUSPENSION OR REVOCATION OF OIL OR GAS
WELL PERMITS; PROVIDING FOR PERIODIC REPORTS;
PROVIDING FOR BOND, INDEMNITY, INSURANCE; PROVIDING
BOND REQUIREMENTS AND TERMS; PROVIDING FOR TECHNICAL
REGULATIONS; PROVIDING FOR CLEAN UP AND MAINTENANCE;
PROVIDING FOR PLUGGED AND ABANDONED WELLS; SEISMIC
TESTING PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR
CIVIL REMEDIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2000) FOR EACH AND EVERY OFFENSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, there has been increased interest in oil and gas drilling and production
within the city of Coppell;
WHEREAS
, On January 9, 2007 City Council adopted Ordinance No. 2007-1150
regulating gas drilling within the city limits of Coppell;
WHEREAS
, On April 28, 2009 City Council adopted Ordinance No. 2009-1228
amended the gas drilling regulations within the city limits of Coppell;
WHEREAS
, the City Council finds that the drilling and production of oil and gas within
the city limits without comprehensive regulations could affect the health, safety and welfare of
its citizens;
WHEREAS
, the City Council deems it necessary to revise the existing comprehensive
regulations for the drilling and production of oil and gas within the city limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.
The Code of Ordinances of Coppell, Texas, is hereby amended by
repealing Article 9-26 entitled “Oil and Gas,” in its entirety, and replace the same with a new
Article 9-26, “Oil and Gas,” which reads as follows:
“ARTICLE 9-26. OIL AND GAS DRILLING
Sec. 9-26-1. Purpose.
The exploration, development and production of oil and gas in the City is an activity
which necessitates reasonable regulation to ensure that all property owners, mineral and
otherwise, have the right to peaceably enjoy their property and its benefits and revenues, and to
prevent destruction of property and protect watersheds within the City. It is hereby declared to be
the purpose of this Ordinance to establish reasonable and uniform limitations, safeguards and
regulations for present and future operations related to the exploring, drilling, developing,
producing, transporting and storing of oil and gas and other substances produced in association
with oil and gas within the City to protect the health, safety and general welfare of the public;
minimize the potential impact to property and mineral rights owners, protect the quality of the
environment and encourage the orderly production of available mineral resources.
Sec. 9-26-2. Definitions.
All technical industry words or phrases related to the drilling and production of oil and
gas wells not specifically defined in this Ordinance shall have the meanings customarily
attributable thereto by prudent and reasonable oil and gas industry operators, the Texas Railroad
Commission (RRC), the Texas Commission for Environmental Quality (TCEQ) and the
Environmental Protection Agency (EPA). The following words, terms and phrases, when used
in this Ordinance, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abandonment means “abandonment” as defined by the RRC and includes the plugging of
the well and the restoration of any well site as required by this Ordinance.
Air contaminate means particulate matter, radioactive material, dust, fumes, gas, mist,
smoke, vapor, or odor, including any combination of those items produced by processes other
than natural.
Ambient air quality study means the study which meets the requirements of this
ordinance.
2 TM 59303
Ambient noise level means the all encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location, prior to the addition
of sources related to oil and gas drilling, hydraulic fracturing, production, or compression
activities, constituting the normal or existing level of environmental noise at a given location.
Applicant means a person requesting a permit or certificate for the drilling, operation and
production of a well, or the installation or operation of a pipeline, as the case may be, is issued
under this Article, including but not limited to the applicant’s heirs, legal representatives,
successors or assigns.
Amended gas well permit means an amendment to an existing gas well permit to
commence drilling from a well development site that is not shown on (or incorporated by
reference as part of) an existing gas well permit, or to relocate a drill site or operation site that is
shown on (or incorporated by reference as part of) an existing gas well permit, or an amended
permit with the Railroad Commission or to other wise amend an existing gas well permit by
relocating equipment, adding equipment or structures, or making any other change to the site
plan approved with the gas well permit.
API means the American Petroleum Institute.
Berm means a mound of soil used to confine or obstruct movement of containments off
of the pad site area.
Blanket Permit means a permit approved and issued for multiple wells/drill pads located
on the same tract of land.
Blowout preventer means a mechanical, hydraulic, pneumatic or other device or
combination of such devices secured to the top of a well casing, including valves, fittings and
control mechanisms connected therewith, which can be closed around the drill pipe, or other
tubular goods which completely close the top of the casing and are designed for preventing
blowouts.
Building means any structure used or intended for supporting or sheltering any use or
occupancy. The term “building” shall be construed as if followed by the words “or portions
thereof.”
Cathodic protection means an electrochemical corrosion control technique accomplished
by applying a direct current to the structure that causes the structure potential to change from
the corrosion potential to a protective potential in the immunity region. The required cathodic
protection current is supplied by sacrificial anode materials or by an impressed current system.
Christmas tree means the control valves, pressure gauges, and chokes assembled at the
top of a well to control the flow of oil and gas after the well has been drilled and completed. It is
used when reservoir pressure is sufficient to cause reservoir fluids to flow to the surface.
City means the City of Coppell and/or any of its authorized agents, employees or
representatives, including but not limited to inspectors, consultants or other city inspectors.
3 TM 59303
City Attorney means the City Attorney of the city of Coppell.
City Code means the Code of Ordinances of the City of Coppell.
City Council means the governing body of the City of Coppell as constituted under its
Home Rule Charter.
City Regulated Pipelines means pipelines within the City that under federal and state
rules and regulations are not exempt from City regulations and ordinances regarding mapping,
inventory, locating or relocating of pipelines for the collection, distribution, or transmission of
oil or gas.
Closed Loop Drilling Fluid System is a system of drilling whereby natural materials
(earth) are pumped up from the bore hole and are captured in legally required containment
equipment and hauled off to environmentally approved disposal sites. The intent of a Closed
Loop Drilling Fluid System is to minimize drilling fluid dilution to provide for handling of the
drilling wastes so that reserve pits are not needed.
Commission means the Texas Railroad Commission (RRC). Completion of drilling, re-
drilling and re-working means the date the work is completed for the drilling, re-drilling or re-
working and the first gas is flowing into a sales pipeline.
Compression facility is a facility that compress natural gas after production-related
activities occur.
Compressor station means an installation consisting of one or more individual line
compressors located on a gathering or transmission line or both.
Containment means controlling the unplanned or accidental spillage or flow of any
substance capable of causing pollution, including but not limited to smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids or gases, drilling fluids including muds, or other irritants.
Daytime is the period from 7:00 a.m. to 7:00 p.m
Decibel (dB) means a unit for measuring the intensity of a sound/noise and is equal to 10
times the logarithm to the base 10 of the ratio of the measured sound pressure squared to a
reference pressure which is 20 micropascals.
Demobilization means those activities when the drilling has ceased and is completed and
the rig equipment and related pad site equipment is being dismantled for the purpose of moving
or relocating.
Derrick means any portable framework, tower, mast and/or structure which is required or
used in connection with drilling or re-working a well for the production of oil and gas.
Drilling means digging or boring a new well for the purpose of exploring for, 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. Drilling means and includes the re-entry of an abandoned
well. Drilling does not mean or include the re-entry of a well that has not been abandoned.
4 TM 59303
Drilling equipment means the derrick, together with all parts of and appurtenances to
such structure, every piece of apparatus, machinery or equipment used or erected or maintained
for use in connection with drilling.
Drill site means the premises used during the drilling or re-working of a well or wells
located there and subsequent life of a well or wells or any associated operation.
Emergency means any or all of the following: explosion, fire, blow out, loss circulation
material, gas or water pipeline leaks or ruptures, hydrogen sulfide or other toxic gas emissions
or hazardous material vehicle accident or spill or other occurrence at the well development or
operation site that would place persons or property at substantial risk.
Environmentally sensitive area means an area under the jurisdiction of the U.S. Army
Corps of Engineers where scientific or ecological features have been identified by the Corps of
Engineers.
EPA means the United States Environmental Agency.
Exploration means geologic or geophysical activities, including seismic surveys, related
to the search for oil, gas or other subsurface hydrocarbons.
Fire Department means the Fire Department of the City of Coppell.
FEMA means the Federal Emergency Management Agency.
Flowback means the process of flowing a completed/fractured well for the purpose of
recovering water, introduced fluids and residual sand from the gas stream prior to connecting a
well to a sales line.
FIRM means the Flood Insurance Rate Map.
Fracking is the process of directing pressurized fluids containing any combination of
water, proppant, and any added chemicals to penetrate tight formations, such as shale or coal
formations, that subsequently require high rate, extended flowback to expel fracture fluids and
solids during completions. Also known as Hydraulic Fracturing..
Freshwater Fracture Pit means a pit used for the collection and storage of fresh water for
the purpose of fracture stimulation of gas wells
Fresh Water means water obtained from any source (natural or reuse) that contains 3000
ppm chlorides of less or as defined by the RRC
Gas means any fluid, either combustible or noncombustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarefied state at standard
5 TM 59303
temperature and pressure conditions and/or the gaseous components or vapors occurring in or
derived from petroleum or natural gas and/or as defined by the RRC.
Gas monitor means a device approved by the city that monitors the air for specific gases
and will sound an alarm and/or transmit a signal to an offsite monitoring facility when specific
gases are detected in the air.
Habitable Structuresmeans any building or structure used, or intended for use, on a day-
to-day basis by people for residential purposes, or for purposes of conducting a commercial or
industrial business, or for purposes of a similar nature, including but not limited to religious
institution, public building, hospital, school, or public park. This definition includes any structure
for which a certificate of occupancy is required.
Hazardous Materials Management Plan (HMMP) means the inventory of hazardous
materials used during site operations and the associated management plan.
High bleed pneumatic device means a pneumatic device, such as, but not limited to, a
liquid level controller, pressure regulator or valve controller, that bleeds more than 6 scfh (over
50 Mcf per year).
Inspector means the Oil and Gas Inspector/Technical Advisor designated by the City
Manager of Coppell.
Leak Detection and Compliance Plan (LDCP) means a plan outlining the Operator’s
equipment selection, process design to minimize the potential for spills or releases to soil,
water, or air, and defines the long term monitoring and reporting program to ensure continued
compliance with regulatory requirements both on and off the drill site.
Lift compressor means a device that raises the pressure of a compressible fluid (gas) in
order to lift gas from the well.
Lightning Arrester means a device incorporated into an electrical system to prevent
damage by heavy surges of high-voltage electricity, such as a stroke of lightning or voltage
surges resulting from mishaps in operations.
Line compressor means a device that raises the pressure of a compressible fluid (gas) in
order for the gas to be transported through a pipeline.
Mobilization means those activities when the drilling is pending and the rig equipment
and related pad site equipment is being installed on site.
Multiple Well Site Permit means that permit required when there is an application
submitted for the placement of more than one well on a pad site or an application to place
additional wells on an existing pad site where a single well exists.
Net ground level concentration means the concentration of an air contaminant as
measured at or beyond the property boundary minus the representative concentration flowing
onto a property as measured at any point.
6 TM 59303
Nighttime means the period commencing at 7:00 p.m. and ending at 7:00 a.m.
Noise Management Plan means a plan developed by the applicant to address anticipated
noise issues associated with the planned drilling and production activities.
Non-Residential Uses are uses other than residential as herein defined.
NORM means naturally occurring radioactive material. NORM encountered in oil and
gas exploration, development and production operations originates in subsurface formations,
which may contain radioactive materials such as uranium and thorium and their daughter
products, radium 226 and radium228. NORM can be brought to the surface in the formation
water that is produced in conjunction with oil and gas. NORM in these produced waters typically
consists of the radionuclides, radium 226 and 228. In addition, radon gas, a radium daughter,
may be found in produced natural gas.
Because the levels are typically so low, NORM in produced waters and natural gas is not
generally a problem in Texas unless it becomes concentrated in some manner. This can include
co-precipitation with barium, calcium or strontium sulfate scale, sludge that accumulates in
oilfield pits and tanks, or radon decay elements as a film on the inner surface of inlet lines,
treating units, pumps, and valves principally associated with propylene, ethane, and propane
processing streams.
Workers employed in the area of cutting and reaming oilfield pipe, removing solids from tanks
and pits, and refurbishing gas processing equipment may be exposed to particles containing
levels of alpha-emitting radionuclides that could pose health risks if inhaled or ingested.
Oil and gas well(wellbore) means any well drilled, to be drilled, or used for the intended
or actual production of oil or natural gas, or classified as a gas well in the Texas Natural
Resources Code and regulated by the RRC.
Open Loop Drilling System is a system of drilling whereby earth is drilled up from the
well flows into holding tanks and the frack pond thus being allowed to settle so that the frack
water can be reused. Open Loop Systems shall not be permitted.
Operation site means the area used for development and production and all operational
activities associated with oil or gas after drilling activities are complete.
Operator means, for each well, the person listed on the RRC Form W-1 or Form P-4 for
an oil or gas well that is, or will be, actually in charge and in control of drilling, maintaining,
operating, pumping or controlling any well, including, without limitation, a unit Operator. If
the Operator, as herein defined, is not the lessee under an oil or gas lease of any premises
affected by the provisions of this Ordinance, then such lessee shall also be deemed to be an
Operator. In the event that there is no oil or gas lease relating to any premises affected by this
Ordinance, the owner of the fee mineral estate in the premises shall be deemed an Operator.
7 TM 59303
Padsite: The area around a well that serves as a foundation for the drilling rig. May
extend to the boundary of the Drill site.
Padsite Inspection and Monitoring Report means a summary report of periodic
inspection and monitoring results as performed on behalf of the City. The report will include
the results of visual, auditory, olfactory, and direct field monitoring efforts. Results of the
inspection events will be provided to the Operator and maintained over the life of the Drill site
to evaluate long term operations and successful compliance with the LDCP.
Parcel means a tract of land which is defined by a legal description which is filed of
record, and which may be subdivided.
Permit means the permit required by the City of Coppell for any proposed well.
Person means both the singular and the plural, a natural person, a corporation,
association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or
representative of any kind.
Pipeline means all parts of those physical facilities through which gas, hazardous liquids,
fresh water, salt water, or chemicals move in transportation, including but limited to pipe,
valves and other appurtenance attached to pipe, whether or not laid in public or private
easement or public or private right-of-way within the city, including but to limited to gathering
lines, production lines and transmission lines. This definition does not include pipelines
associated with franchise utilities.
Pipeline company (operator) means the company authorized to install and maintain gas
pipelines within the city’s public right-of-way.
Pipeline construction means the initiation of any excavation or other disturbance of
property for the purpose of installation, construction, maintenance, repair, replacement,
modification or removal of pipelines.
Protected use means a residence, public building or a public park.
Public building means all buildings used or designed to and intended to be used for the
purpose of assembly of persons for such purposes as deliberation, entertainment, amusement, or
health care. Public buildings include, but shall not be limited to, theaters, assembly halls,
auditoriums, armories, mortuary chapels, hotels, motels, dance halls, exhibition halls, museums,
gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, hospitals,
government buildings, schools, colleges and universities.
Public park means any land area dedicated to and/or maintained by the City for
traditional park-like recreational purposes,but shall not include privately owned amusement
parks, or privately owned land areas, or privately owned or privately managed golf courses.
Reduced Emission Completion (Green Completion) means techniques or methods that
8 TM 59303
minimize the release of natural gas and vapors to the environment when a well is being flowed
during the completion or re-completion phase of a gas well.
Religious Institution means any building in which persons regularly assemble for
religious worship and activities intended primarily for purposes connected with such worship or
for propagating a particular form of religious belief.
Residence or Residential means a house, duplex, apartment, townhouse, condominium,
mobile home. Residence shall include assisted living facility, assisted care facility, nursing
homes (both intermediate care facilities and skilled nursing facilities), substance abuse
treatment facility, group homes and half-way houses, or any other building designed for
dwelling purposes, including those for which a building permit has been issued on the date the
application for an Oil or Gas Well Permit is filed with the City.
Re-fracing
kmeans fracking after the initial fracking of a wellbore
.
Re-working, re-drill means re-completion or re-entry of existing well within the existing
bore hole or by deepening or sidetrack operations which do not extend more than one hundred
fifty (150) feet from the existing well bore, or replacement of well liners or casings.
Right-of-way means public rights-of-way including streets, alleys, easements and other
property within the City and which is dedicated to the use and benefit of the public.
Road repair agreement means a written agreement obligating the operator to repair
damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to
bridges, caused by the operator or its employees, agents, contractors, subcontractors or
representatives in the performance of drilling or production of any wells authorized by the city.
Salt water disposal well means a wellbore used for the purpose of injecting produced or
flowback water back into the ground.
School means any public and private, primary, secondary and higher educational facilities
providing education up through and including the twelfth grade and college level and any
licensed day care centers, meaning a facility licensed by the State of Texas that provides care,
training, education, custody, treatment or supervision for more than six children under 14 years
of age, and for less than 24 hours per day.
Seismic survey means an exploration method in which low frequency sound waves are
generated at the surface to map subsurface rock formations and lithologic attributes. A Seismic
Section 9-26-17
Survey Permit is required, refer to of this Ordinance
Spud means the first time the drill bit enters the ground for gas well drilling and
production.
9 TM 59303
Street means any street, highway, sidewalk, alley, avenue, recessed parking area or other
public right-of-way, including the entire right-of-way.
Supervisory Control and Data Acquisition (SCADA) means a system that collects data
from various sensors on drill site equipment or in close proximity to the drill site and sends this
data to the operator to allow management of process controls, fluid inventory and equipment
operations. Monitoring of operational pressures, fluid levels and controls should be used to
identify potential releases, fugitive loses, or other indications that equipment at a drill site is not
operating properly. Implementation of SCADA provides the operator the ability to monitor an
entire system in near real time. SCADA should be a central component to any LDCP.
Tank means a container, covered or uncovered, used in conjunction with the drilling or
production of oil, gas or other hydrocarbons for holding or storing fluids.
Tank battery means the point of collection (tanks) and disbursement (tank, meter, lease
automated custody transfer unit) of oil or gas from producing well(s).
Technical advisor means such person(s) familiar with and educated in the oil or gas
industry and the law as it relates to oil or gas matters who may be retained from time to time by
the City.
TCEQ means the Texas Commission on Environmental Quality.
Transportation route means the roadway network within the city defined by the operator
to be used by all vehicular traffic to access the pad site.
Vapor recovery system means any control system that utilizes vapor collection equipment
to route volatile organic compounds (VOC) to a control device that reduces VOC emissions.
Well means a hole or holes, bore or bores, to any horizon, formation, or strata for the
purpose of producing oil, gas, liquid hydrocarbon, fresh water, brine water or sulfur water, or
for use as an injection well for secondary recovery, disposal or production of oil, gas or other
hydrocarbons from the earth.
Workover operations means work performed in a wellbore in an effort to secure, maintain
or restore gas production.
Sec. 9-26-3. Oil and Gas Inspector/Technical Advisor(s).
A. Authority.
(1) The City Manager shall designate an Oil and Gas Inspector/Technical Advisor(s) who
shall in coordination with his office enforce the provisions of this Ordinance. The Oil
and Gas Inspector shall have the authority to issue any orders or directives required to
10 TM 59303
carry out the intent and purpose of this Ordinance and its particular provisions.
Failure of any person to comply with any such order or directive shall constitute a
violation of this Ordinance.
(2) The Oil and Gas Inspector shall have as a condition to receiving a permit the
authority to enter and inspect any premises covered by the provisions of this
Ordinance to determine compliance with the provisions of this Ordinance and all
applicable laws, rules, regulations, standards or directives of the State. Failure of any
person to permit access to the Oil and Gas Inspector shall constitute a violation of this
Ordinance and constitute noncompliance with its permit obligations. The Oil and Gas
Inspector shall conduct periodic and routine inspections at least twice a year of all
permitted well sites in the City to determine that the wells are operating in accordance
within proper safety parameters as set out in this Ordinance and all regulations of the
RRC. Inspections may include the collection of samples or monitoring data as
deemed appropriate by the Oil and Gas Inspector/Technical Advisor(s).
(3) The Oil and Gas Inspector shall have the authority to request and receive any records,
including any records sent to the RRC, logs, reports and the like, relating to the status
or condition of any permitted well necessary to establish and determine compliance
with the applicable Oil or Gas Well Permit. Failure of any person to provide any
such requested material shall be deemed and constitute a violation of this Ordinance.
B. Duties; fees.
The City may from time to time employ a technical advisor or advisors who are
experienced and educated in the oil or gas industry or the law as it pertains to oil or
gas matters. The function of such advisor(s) shall be to advise, counsel or represent
the City on such matters relating to oil or gas operations within the City as the City
may want or require and the effect thereof, both present and future, on the health,
welfare, comfort and safety of the citizens of the City. In the event such Technical
Advisor(s) is employed for the purpose of advising, counseling or representing the
City relative to an Operator's case or request relating to this Ordinance, then the cost
for such services of such technical advisor(s) shall be assessed against and paid for by
such Operator in addition to any fees or charges assessed pursuant to this Ordinance.
Prior to the employment of a Technical Advisor, the City shall inform the Operator of
the intended scope of work and the estimated costs and expenses. The employment of
a Technical Advisor shall be approved by the City Council.
Sec. 9-26-4. Operator's Agent.
Every Operator of any well shall designate an agent, who is a resident of the State of
Texas, upon whom all orders and notices provided in this Ordinance may be served in person or
by registered or certified mail. Every Operator so designating such agent shall within ten (10)
days notify the Oil and Gas Inspector in writing of any change in such agent or such mailing
address unless operations within the City are discontinued.
11 TM 59303
Sec. 9-26-5. Oil or Gas Well Permit Required.
A. A person wanting to engage in and operate in oil or gas production activities shall
apply for and obtain an Oil or Gas Well Permit. 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 oil or gas without first obtaining
an Oil or Gas Well Permit issued by the City in accordance with this Ordinance. Such activities
include, but are not limited to re-working, initial site preparation, drilling, operation, construction
of rigs or tank batteries, fracturing and pressurizing.
Section 9-
B. Seismic Surveys. A permit shall be required for seismic surveys, refer to
26-17
of this Ordinance
C. The Operator must apply for and obtain a separate Oil or Gas Well Permit for the
drilling, re-drilling, deepening, re-entering, activating or converting of each well whether or not
contained within a single pad site.
D. An Oil or Gas Well Permit shall not constitute authority or create a property right or
interest for the re-entering and drilling of an abandoned well. An Operator shall obtain a new Oil
or Gas Well Permit in accordance with the provisions of this Ordinance if the Operator is re-
entering and drilling an abandoned well.
E. When an Oil or Gas Well Permit has been issued to the Operator for the drilling, re-
drilling, deepening, re-entering, activating or converting of a well, such Oil or 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.
F. Any person who intends to re-work a permitted well using a drilling rig, to fracture
stimulate a permitted well after initial completion or to conduct seismic surveys or other
exploration activities on the area covered by a permit shall give written notice to the City or its
authorized representative no less than ten (10) calendar 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 City or its authorized
representative, 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 Oil and Gas Inspector determines that an inspection by
the Oil and Gas Inspector is necessary, the Operator will pay the City for the inspection.
12 TM 59303
The following requirements shall apply to all drilling and hydraulic fracture stimulation
operations performed on a well within 1,000 feet of any habitable structure (not used in
operations on the drilling site) including, but not limited to residence, religious institution, public
building, hospital, school, public park, or any business:
(1) At least 10 calendar days 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) Written notice of all property owners within 1,000 feet of the pad site.
(3) “Flowback” operations to recover fluids used during fracture stimulation shall
be performed during daytime hours only unless the City approves such
operations during non-daytime hours;
(4) A watchman shall be required at all times during such operations; and
(5) 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. An Oil or Gas Well Permit shall automatically terminate, unless extended,prior to
the expiration date of the original permit, if drilling is not commenced within one hundred eighty
(180) days from the date of the issuance of the oil or gas well permit . Drilling must commence
within one hundred eighty (180) days from the date of the issuance of the oil or gas well permit
on at least one well under a “multiple well permit,” in order to maintain the validity of the Oil or
Gas Well Permit for the multiple wells. An Oil or Gas Well Permit may be extended by the City
in consultation with Oil and Gas Inspector for an additional one hundred eighty (180) days upon
request by the Operator and proof that the site plan for the requested Oil or Gas Well permit for
such location has not changed. After approval of a multiple well site, individual permits shall be
required for each well.
H. The Oil or Gas Well Permits required by this Ordinance 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 additional Oil or Gas Well Permit or filing fees shall be required for:
(1) any wells, existing, previously permitted or approved by the City, within the
corporate limits of the City on the effective date of this Ordinance which are
currently operating; or
(2) any wells which drilling has commenced on the effective date of this Ordinance.
A person shall have forty-five (45) calendar days after the enactment of this Ordinance to
designate an oil or gas operation as a pre-existing operation by filing a site plan drawn to scale
that shows the location of the well with respect to survey lines and the associated production
facilities, if any, with the Oil and Gas Inspector.
J. An Oil or Gas Well Permit shall not be issued for any well to be drilled within any
designated floodway or floodplain as defined and adopted by the City.
13 TM 59303
K. No gas well permit shall be issued without an approved erosion control and grading
plan as required by the city to prevent any off site migration of silt and sediment.
L. No Oil or 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 of any permit or
permission to enter city property.
M. By acceptance of any Oil or Gas Well Permit issued pursuant to this Ordinance, the
Operator expressly stipulates and agrees to be bound by and comply with the provisions of this
Ordinance. The terms of this Ordinance shall be deemed to be incorporated in any Oil or Gas
Well Permit issued pursuant to this Ordinance with the same force and effect as if this Ordinance
was set forth verbatim in such Oil or Gas Well Permit.
Sec. 9-26-6. Oil or Gas Well Permit application and filing fees.
A. Every application for an Oil or Gas Well Permit issued pursuant to this Ordinance
shall be in writing signed by the Operator, or some person duly authorized to sign on his behalf,
and filed with the city of Coppell.
B. Every application, including new and amended permits, shall be accompanied by a
permit fee as established by resolution of the City Council. This permit fee is in addition to other
fees that may be charged. An annual inspection fee as established by resolution of the City
Council shall also be assessed.
C. The application shall include the following information:
(1) The date of the application and type or types of Oil or Gas Well Permit
requested. If Multiple Well Permit, maximum number of wells.
(2) An accurate legal description of the lease property to be used for the oil or gas
operation, the parcel and the production unit and name of the geologic
formation as used by the RRC. Property recorded by plat should reference
subdivision, block and lot numbers.
(3) Map showing proposed transportation route and road for equipment, chemicals
or waste products used or produced by the oil and/or gas operation.
(4) Proposed well name(s) with geographic coordinates of the wellbore(s), using the
North American Datum 1983 (NAD 83), Texas State Plane - North Central
Zone (4202), in United States feet.
(5) Surface owner names(s), address(es) and signature(s) of the lease property.
(6) A copy of the P-12 pooling certificate from the commission mineral Lessee
name and address.
14 TM 59303
(7) Operator/Applicant name and address and if the Operator is a corporation, the
state of incorporation, and if the Operator is a partnership, the names and
addresses of the general partners, with a copy of the form of business
documentation.
(8) Name and address of individual designated to receive notice.
(9) Name of representative with supervisory authority over all oil or gas operation
site activities and a 24-hour phone number.
(10) Location and description of all improvements and structures within one
thousand, 1,000 feet of the pad site
(11) Owner and address of each parcel of property within one thousand, 1,000 of the
proposed pad site.
(12) A surveyed site plan of the proposed operation site and pad site boundary shall
display a Registered Professional Land Surveyor seal, a legend with scale for
measurements and a complete legal description. The detailed site plan of the
proposed operation site showing the location of all improvements and
equipment, including the location of the existing and proposed well(s) and
other facilities, including, but not limited to, tanks, pipelines, compressors,
separators and storage sheds and their distances from any public rights-of-way
and all structures within 1,000 feet of the pad site boundary, and temporary
and/or permanent screening devises, as necessary.
(13) The name, address and 24-hour phone number of the person to be notified in
case of an emergency.
(14) The exact and correct drilling unit lease acreage and number of wells, if
applicable, included in the Oil or Gas Well Permit application.
(15) Copies of all reports required by the RRC.
(16) A signed Road Maintenance Agreement supplied by the City that provides that
the Operator shall repair, at his own expense, any damage to roads, streets, or
highways caused by the use of heavy vehicles for any activity associated with
the preparation, drilling, production, and operation of oil or gas wells.
(17) A description of public utilities required during drilling and operation.
(18) A description of the water source to be used during drilling or operation.
(19) A copy of the approved RRC permit to drill together with attachments and
survey plats which are applicable to the drill and operation sites.
15 TM 59303
(20) A copy of the determination by the RRC of the depth of useable quality ground
water.
(21) Evidence from DFW Airport that the drilling rig will not adversely affect the
DFW Flight Pattern Overlay. Include a copy of the approved FAA Aeronautical
Airspace OE Hazard Determination form
(22 ) A Hazardous Materials Management Plan shall be on file with the Fire Marshal.
Any updates or changes to this plan shall be provided to the Fire Marshal within
three (3) working days of the change. All chemicals and/or hazardous materials
shall be stored in such a manner as to prevent, contain, and facilitate rapid
remediation and clean-up of any accidental spill, leak, or discharge of a
hazardous material. Operator shall have all material safety data sheets (MSDSs)
for all hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed.
Appropriate pollution prevention actions shall be required and include, but are
not limited to, chemical and materials raised from the ground (e.g., wooden
pallets), bulk storage, installation and maintenance of secondary containment
systems, and protection from storm water and weather elements.
(23) Evidence of insurance and security requirements under this Ordinance.
(24) A statement, under oath, signed by the Operator, or designated representative,
that the information submitted with the application is, to the best knowledge and
belief of the Operator or designated representative, true and correct.
(25) All required application and Oil or Gas Well Permit fees.
(26) If any existing trees, 6 inch caliper or greater are to be removed and/or
disturbed, then a Tree Mitigation Plan and Tree Removal Permit must be
obtained in accordance with Section 12-34-2, as amended, of the Coppell Code
of Ordinances.
(27) An indemnification, release and discharge of the City of any liability as
specified in Section 9-26-12, Insurance Bond, and Indemnity, Section 5 of this
Ordinance.
(28) A video documenting existing conditions of the City streets that will be used by
truck traffic to the site, plus a video of the property being used for the Drill Site.
(29) In addition to obtaining an Oil or Gas Well Permit and before establishing a
Drill Site and access road, the Operator must obtain the necessary permits from
the City Building Inspections Department and a grading permit from the City
Engineering Department.
16 TM 59303
(30)Noise Management Plan as outlined in Section 9-26-7(I).
(31)A storm water pollution prevention plan (SWPPP) complying with all federal,
state, and local storm water quality regulations, including any notice of intent
(NOI) and notice of termination (NOT) requirements. A copy of the NOI shall
be submitted to the City seven (7) business days prior to the commencement
of any on-site activity as applicable.
(32)A dust mitigation plan detailing measures to be implemented to mitigate and
suppress dust generated at the drill site and the private vehicle access route,
including a mud shaker for vehicles exiting the site, or, if a specific use permit
has already been approved for the drill site, a copy of the dust mitigation plan
previously approved.
(33)A Leak Detection and Compliance Plan (LDCP) to ensure that all site
activities and equipment are in compliance with applicable rules and
regulations. The LDCP shall include methodology to assess and evaluate the
impact of drilling, fracturing, production, and other activities at the Drill site
and immediate surroundings. Specific elements shall include, but are not
limited to: a leak detection monitoring program, methods and equipment for
emission measurements, site inspection activities, continuous distance
monitoring through SCADA, and a response plan to address emergency issues
if they arise, and any other information required by the City Manager.
Monitoring should include evaluation of potential impact to air, soil, surface
water, or groundwater. In addition to other reporting requirements established
by this Article, annual reporting of the monitoring results to the City is
required with all laboratory data sheets, field logs, data summary, and actions
taken in the previous monitoring period to find and address releases. The plan
must be created in accordance with City-mandated guidelines and address the
manner in which periodic inspections will occur to ensure compliance with
the LDCP plan goals.
(34)A Supervisory Control and Data Acquisition (SCADA) Plan. The plan shall
outline how data from the drill site will be continuously collected in a real-
time manner and how this data is monitored by the Operator. Data shall be
collected at every stage of the oil or gas drilling and production process. The
plan shall address how the SCADA system will control factors such as
leakage, fire, emergency shut-down, oil or gas flow rate and accumulated
flow, line pressure, detection and control, well-head pressure, pump status,
tank level and other critical factors defined by the City Manager or Oil and
Gas Inspector. In addition, the plan should define the equipment, sensors,
hardware, communication interfaces (radio, wire, fiber optic and microwave)
and electro-mechanical devices that will be employed and how these devices
will function during an emergency situation.
D. Electronic format required for final documents. Any final plans or other documents
required by this section shall be submitted in an electronic format specified by the city
17 TM 59303
as a condition to issuance of any type of permit, approval, or other action related to the
final plans or documents at the expense of the applicant.
Sec. 9-26-7. Oil or Gas Well Permit process.
A.Permit Required.
1. No person shall drill, maintain or operate an Oil or Gas drilling or other operation
of such well within the jurisdictional limits of the City or its extraterritorial
jurisdiction unless having first obtained a permit issued in accordance with this
article.
2. The City Manager or designee shall, after application and payment of applicable
fees, shall issue a permit subject to the conditions and provisions of this article.
3. No Oil and Gas Well permit shall be issued within 1,000 feet of any of any
habitable structure (not used in operations on the drilling site), including, but not
limited to residence, religious institution, public building, hospital, school, public
park, or any business; unless approved by the City Council after a public hearing
as provided in this article. The City Council may approve, in its sole discretion,
an application within 1,000 feet to over 300 feet from non-residential, habitable
structures as herein defined (not used in operations on the drilling site) and 500
feet from habitable residential structures as herein defined including, but not
limited to residence, religious institution, public building, hospital, school, public
park, if the City Council, if after review of the application, they determine that
adequate provisions have been made in accordance with this article and there is
adequate safeguard of the health, safety and welfare of the habitable structure and
general public.
4. Oil and Gas Wells and the drilling thereof shall only be permitted only in areas
zoned LI –“Light Industrial,” PD-LI –“Planned Development – Light Industrial,”
or A – “Agricultural.”
5. A public hearing for an oil or gas well permit seeking a setback within 1,000 feet
of any habitable structure shall be required for all permit applications.
For the purpose of a such an oil or gas well permit the measurement of the one thousand
foot (1,000) distance shall be made from the edge of the pad site to the property line of the
habitable structure, in a straight line, without regard to intervening structures or objects, to the
closest exterior point of the building.
B. Application Requirements. An application for an Oil or Gas Well Permit shall
include all information, documents, permits and plans as required in Sec 9-26-6, Oil or Gas Well
Permit Application and Filing Fees as herein defined.
C. Permitting Procedure.
18 TM 59303
1. After a complete Permit application is submitted, the City shall determine the
administrative completeness of the application and evaluate the public impact of
the proposed activity. The City, shall, after payment of the permit fee, consider
the proposed site and the proposed operations or drilling program and shall
identify restrictions or conditions, including minimum separation distance for
drilling or other operations, special safety equipment and procedures, noise
reduction levels, screening. The City, in addition to the requirements of this
article, may require and impose other reasonable restrictions or conditions to a
proposed permit in order to assure and protect the adjacent property owners,
occupants and the general health, safety and welfare. The City Manager or his
designee may, consistent with this article, issue an oil and gas drilling permit
which conforms to the requirements of the application in compliance with this
article.
2. Any applications which seeks to be located within 1,000 feet of a habitable
structure as herein defined and seeks a setback distance exception shall require
a public hearing before the City Council. Within forty-five (45) calendar days
of receipt of a complete application which seeks to be located within 1,000 feet
as stated in subsection 9-26-7, the City shall place the matter on the City
Council agenda for a public hearing and give notice by mail of the time, place
and purpose thereof to the applicant and any other party who has requested in
writing to be so notified. The forty-five (45)-day period shall not begin to run
until the applicant/operator has provided the City with a complete application
package.
3. At least fifteen (15) calendar days, and no more than thirty (30) calendar days
prior to the date of the public hearing before the City Council for an Oil or Gas
Well Permit under this Ordinance, Operator shall notify, at Operator’s expense,
each surface owner of property, as shown by the current tax roll, within 1,000
feet of the proposed well not owned by or under lease to the Operator of the
hearing place, date and time. Such notice, as outlined below, shall be made by
depositing the same, properly addressed and postage paid, in the United States
mail. The Operator shall file an affidavit with the City showing the name and
last known address, as identified by the current tax roll, of each owner of
property to whom notice was mailed and the names of each owner of property
to whom notice is required to be given, but whose address is unknown. Notice
shall be sent to all neighborhood/property associations registered with the City
within one-half mile of the proposed drill site.
4. At least fifteen (15) calendar days prior to the date of the public hearing before
the City Council for an Oil or Gas Well Permit under this Ordinance, the
Operator shall, at Operator’s expense, erect at least one sign, no less than three
feet by three feet, upon the premises upon which an Oil or Gas Well Permit has
been requested. Where possible, the sign or signs shall be located in a
conspicuous place or places upon the property at a point or points nearest any
right-of-way, street, roadway or public thoroughfare adjacent to such property.
19 TM 59303
(a) The sign(s) shall substantially indicate that an Oil or Gas Well Permit to
drill for oil or gas has been requested and state the date, time and place of
the public hearing, and shall further set forth that additional information
can be acquired by telephoning the applicant/Operator or the city of
Coppell at the numbers indicated on the sign.
(b) The continued maintenance of any such sign(s) shall be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
(c) Any sign(s) shall be removed within 10 calendar days after final action by
the City Council
5. At least fifteen (15) calendar days, and no more than thirty (30) days prior to
the date of the public hearing before City Council for an Oil or Gas Well Permit
under this Ordinance, Operator shall publish a copy of the notice as outlined
below, at Operator’s expense, in the legal newspaper of the City for two (2)
consecutive weeks. An affidavit by the printer or publisher of the newspaper
indicating publication of the notice shall be filed with the application and will
be prima facie evidence of such publication. The notice shall read as follows:
‘Notice is hereby given that, acting under and pursuant to the
Ordinances of the city of Coppell, Texas, on the _______day of
___________, 20___, ____________ filed with the city of
Coppell, an application for an Oil or Gas Well Permit to drill,
complete and operate a well for oil or gas upon property located
at ________________, __________ County, Coppell, Texas,
more particularly shown on the map of record in Volume
________, Page _____, Plat records of ______County, Texas or
per Tax Tract Number _______, _________County, Texas. The
City Council will conduct a public hearing on the request for said
permit on the ________ day of __________, 20___ at
_____o’clock __.m. in the City Council Chambers located at 255
Parkway Boulevard, Coppell, Texas.’
The notice shall also contain a location map sufficient to identify
the proposed well site(s) as well as all properties within 1,000
feet of the boundary of the pad site.
6.All notice provisions contained herein shall be deemed sufficient upon
substantial compliance with this section and are in addition to other notices
which may otherwise be required.
7. After a Permit application is submitted, the City shall evaluate the public impact
of the proposed activity. The City shall consider the proposed site and the
proposed operations or drilling program and shall draft recommended
restrictions or conditions, including minimum separation distance for drilling or
20 TM 59303
other operations, special safety equipment and procedures, recommended noise
reduction levels, screening and any other requirements the City deems
appropriate. The recommendations shall be submitted to the City Council for
consideration prior to any public hearing.
8. Prior to the public hearing and before the City Council considers the merits of
the application and the recommendations of the City, the applicant/operator
shall provide evidence of a certificate of publication establishing timely
publication of the notice of the hearing, that timely actual notice of the hearing
was given to all persons as required by this Ordinance and that the
Applicant/Operator has otherwise complied with or satisfied all other
requirements of this Ordinance, including full and complete compliance with
the insurance and security requirements.
9. The burden of proof on all matters considered in the hearing shall be upon the
Applicant/Operator.
10. The City Council shall review the application and any other related information
and shall consider the following in deciding whether to grant an Oil or Gas Well
Permit:
(a) Whether the operations proposed are reasonable under the circumstances
and conditions prevailing in the area considering the particular location
and the character of the improvements located there;
(b) Whether the drilling of such wells would conflict with the orderly growth
and development of the City;
(c) Whether there are other alternative well site locations;
(d) Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the Oil or
Gas Well Permit conditions to be imposed;
(e) Whether there is sufficient access for the City fire personnel and fire
fighting equipment;
(f) Whether the application sufficiently addresses all requirements set forth in
Section 9-26-6 of this Ordinance;
(g) The recommendations of the City, after administrative review, in
consultation with the appropriate representatives and/or consultants; and
(h) Whether the impact upon the adjacent property and the general public by
operations conducted in compliance with the Oil or Gas Well Permit
conditions are reasonable and justified, balancing the following factors:
21 TM 59303
i.The right of the owners(s) of the mineral estate to explore, develop,
and produce the minerals; and
ii.The availability of alternative drill sites.
11. The City Council may require an increase in the distance the well is setback
from public rights-of-way or any habitable structure, (not used in operations on
the drilling site) including, but not limited to residence, religious institution,
public building, hospital, school, public park, or any business, or require any
change in operation, plan, design, layout or any change in the on-site and
technical regulations of this Ordinance, including fencing, screening,
landscaping, lighting, delivery times, noise levels, tank height, or any other
matters reasonably required by public interest.
12. The City Council may, consistent with State law, accept, reject or modify the
application in the interest of securing compliance with this Ordinance, the City
Code of Ordinances and/or to protect the health, safety and welfare of the
community.
D. Wells Setbacks for Oil or Gas Well Permit.
1. Except as otherwise provided in this ordinance, it shall be unlawful to drill any
well, the boundary of which, at the surface of the ground, is located within
1,000 feet of any habitable structure, (not used in operations on the drilling site)
including, but not limited to residence, religious institution, public building,
hospital, school, public park, or any business. This provision applies to any
habitable structure (not used in operations on the drilling site), including, but
not limited to residence, religious institution, public building, hospital, school,
public park, or any business which a building permit has been issued on the date
the application for a permit is filed with the City or its authorized representative.
For the purpose of an Oil or Gas Well Permit the measurement of the 1,000 foot
distance shall be made from the boundary of the well site, in a straight line,
without regard to intervening structures or objects, to the closest exterior point
of the building.
2. This setback distance may be reduced by the City Council to less than 1,000
feet, but not less than three hundred (300) feet from any habitable, non-
residential structure, (not used in operations on the drilling site) and five
hundred (500) feet of any habitable residential including, but not limited to
residence, religious institution, public building, hospital, school, and public
park, only when there is the unanimous consent of the property owners within a
the 1,000 foot radius around said well and the affirmative vote of not less than
three-fourths of all the members of the City Council. For protection of the
public health, safety and welfare, the City Council may impose additional
requirements for a reduction of such distance.
22 TM 59303
3. Tank batteries, facilities and equipment (other than the well itself), shall be
located at least 500 feet from any habitable structure, (not used in operations on
the drilling site) including, but not limited to residence, religious institution,
public building, hospital, school, public park, or any business 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,
facilities and/or equipment, in a straight line, without regard to intervening
structures or objects, to the closest exterior point of the building, unless
otherwise authorized by the City Council.
E. Screening and Access for Oil or Gas Well Facilities
1. A screening wall, a minimum of eight (8) feet, but not to exceed ten (10) feet,
shall enclose all completed wells, tanks and compressors within 30 days of the
first well goes into production, and shall be constructed of the following
materials:
(a) Brick and/or stone;
(b) Pre-cast concrete wall when architecturally compatible with existing tilt
wall constructed on adjacent industrial/warehouse buildings and property
within close proximity.
2.All masonry walls shall be equipped with at least one (1) gate. The gate shall
meet the following specifications:
(a) Each gate shall be not less than twelve (12) feet wide and be composed of
two (2) gates, each of which is not less than six (6) feet wide, or one (1)
sliding gate not less than twelve (12) feet wide. If two (2) gates are used,
gates shall latch and lock in the center of the span;
(b) The gates shall be of metal frame and wooden veneer construction that
meets the applicable specifications, or of other approved material;
(c) The gates shall be provided with a combination catch and locking
attachment device for a combination padlock, and shall be kept locked
except when being used for access to the site; and
(d) Operator must provide the Oil and Gas Inspector with the padlock
combination.
(e) Operator must provide the City Fire Marshal with a “Knox Padlock” or
“Knox Box with a key” to access the well site to be used only in case of an
emergency.
23 TM 59303
F.Landscaping. Landscaping and irrigation shall be required along all street frontages
of the well site with suitable screening shrubs that complement the architectural
character of the surrounding developments.
1. A landscape buffer shall be a minimum of 15 feet in depth.
2. Plants and materials used in living barriers shall be at least 30 inches in height
at the time of planting and shall be of a type and species that will attain a
minimum height of three feet one year after planting.
3. Perimeter landscape areas shall contain at least one evergreen tree (such as
Austrian Pines and Eastern Red Cedar) for each 40 linear feet or fraction
thereof of perimeter landscape area.
G. Vehicle Routes for Oil or Gas Well Permit. Vehicles associated with drilling and/or
production in excess of three tons shall be restricted to such streets designated as
either truck routes or commercial delivery routes by the City Code wherever capable
of being used. The vehicles shall be operated on a truck route wherever capable of
being used; they shall be operated on a commercial delivery route only when it is not
possible to use a truck route to fulfill the purpose for which such vehicle is then being
operated. Commercial delivery route means any street or highway so designated by
the City Council for the use by any commercial motor vehicle, truck-tractor, trailer,
semi-trailer, or any combination thereof. Refer also to the Road Repair Agreement
required to be executed with the Oil and Gas Permit.
H. Work Hours for Oil or Gas Well Permit. Site development, other than drilling, shall
be conducted only between sunrise and sunset. 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 between sunrise
and sunset, 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. When within 1,000 feet of a habitable structure, flagmen shall be used in
lieu of reverse alarms/horns.
I. Noise Restrictions for Oil or Gas Well Permit.
1. Prior to the issuance of a gas well permit and the commencement of
operations, the Operator shall submit a Noise Management Plan, as
approved by the City, detailing how the equipment used in the drilling,
completion, transportation, or production of a well complies with the
maximum permissible noise levels of this Section. The noise management
plan shall include:
a. Identify operation noise impacts;
24 TM 59303
b. Provide documentation establishing the Ambient Noise Level prior to
construction of any wellhead, compressor or compression facility;
c. Detail how the impacts will be mitigated. In determining noise mitigation,
specific site characteristics shall be considered, including but not limited to
the following:
i. Nature and proximity of adjacent development, location, and type;
ii. Seasonal and prevailing weather patterns, including wind directions;
iii. Vegetative cover on or adjacent to the site; and
iv. Topography.
The Operator shall be responsible for verifying compliance with this section and
the noise management plan after the installation of the noise generation
equipment.
2. No well shall be drilled, re-drilled or any equipment operated at any location
within the city in such a manner so as to create any noise which causes the
exterior noise level when measured at the nearest Use receiver’s/receptor’s
property line or from the closest exterior point of the Use structure if access to the
property is granted by the receiver/receptor, that:
a. Exceeds the Ambient Noise Level by more than five (5) decibels during
daytime hours and more than three (3) decibels during nighttime hours;
b. Exceeds the Ambient Noise Level by more than 10 decibels during fracturing
operations during daytime hours. No fracturing shall be allowed during
nighttime hours except as provided in c. below.
c. Exceeds the Ambient Noise Level by more than three (3) decibels during
flowback operations or any other ancillary fracturing operations during
nighttime hours;
d. Creates pure tones where one-third octave band sound-pressure level in the
band with the tone exceeds the arithmetic average of the sound-pressure levels
of two contiguous one-third octave bands by 5 dB for center frequencies of
500 Hertz and above, and by 8 dB for center frequencies between 160 and 400
Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or
e. Creates low-frequency outdoor noise levels that exceed the following dB
levels:
16 Hz octave band: 65 dB
32 Hz octave band: 65 dB
64 Hz octave band: 65 dB
25 TM 59303
3. The Operator shall be responsible for establishing and reporting to the City a
continuous seventy-two (72) hour pre-drilling Ambient Noise Level prior to the
issuance of a gas well permit. The seventy-two hour time span shall include at
.
least one twenty-four (24) hour reading during either a Saturday or SundayOnce
the drilling is complete, the operator shall be required to establish a new ambient
noise level prior following the installation of any new noise generating equipment
using the same criteria within 30 calendar days of Drill site completion. In lieu of
the foregoing, the city may elect to perform the required noise testing and
establish the ambient noise level at the operator’s expense.
The Operator shall use the prior established ambient noise level for the
installation of any new noise generation equipment unless the Operator can
demonstrate that the increase in the ambient noise level is not associated with
drilling and production activities located either on or off-site.
4. Adjustments to the noise standards as set forth above in subsection (1) a, b and c
of this section may be permitted intermittently in accordance with the following:
Permitted Increase Duration of Increase
(dBA) (minutes)*
10…………………………………………5
15…………………………………………1
20…………………………….…less than 1
*Cumulative minutes during any one hour
5. All workover operations shall be restricted to daytime hours.
6. The exterior noise level generated by the drilling, redrilling or other operations of
all gas wells located within 1, 000 feet of a Use shall be continuously monitored,
to ensure compliance. The cost of such monitoring shall be borne by the
Operator.
a)If a complaint is received by either the Operator or the Gas Inspector from any
Use within one thousand (1,000) feet from the gas well, the Operator shall, in
good faith, within 4 hours of notice of the complaint, attempt to identify the
source of the noise and mitigate the cause
b)At the request of the Gas Inspector, the Operator shall monitor the exterior
noise level at the source of the complaint.
7. Acoustical blankets, sound walls, mufflers or other alternative methods as
approved by the City may be used to ensure compliance. All soundproofing shall
comply with accepted industry standards and subject to approval by the City’s
Fire Department. The City may require the operator to use noise reduction
blankets that meet a standard of STC 30 or greater.
8. The sound level meter used in conducting noise evaluations shall meet the
26 TM 59303
American National Standard Institute’s Standard for sound meters or an
instrument and the associated recording and analyzing equipment which will
provide equivalent data.
9. A notice of violation will be immediately issued for failure to comply with the
provisions of this Section. However, if the Operator is in compliance with the
approved noise management plan, and a violation still occurs, the Operator will be
given 24 hours from notice of non-compliance to correct the violation from an
identified source before a citation is issued. Additional extensions of the 24-hour
period may be granted in the event that the source of the violation can not be
identified after reasonable diligence by the Operator.
J.Tank Specifications for an Oil or Gas Well Permit. All tanks and permanent
structures shall conform to the American Petroleum Institute (A.P.I.) specifications
unless other specifications are approved by the City. The top of the tanks shall be no
higher than ten feet above the terrain surrounding the tanks. All tanks shall be set
back pursuant to the standards of the RRC and the National Fire Protection
Association, but in all cases, shall be at least one hundred and fifty (150) feet from
any public right-of-way or property line.
K.Conveyance of fuel, water, oil, gas or petroleum. No Operator shall excavate or
construct any lines for the conveyance of fuel, water, oil, gas or petroleum liquids on,
under, or through the streets, alleys or other properties owned by the City without an
easement or right-of-way license from the City, at a price to be agreed upon, and then
only in strict compliance with this section, other City ordinances, and the
specifications established by the Department of Public Works.
L.Padsite Inspection and Monitoring. To ensure that the overall air, soil and surface
water quality impact from padsite operations to the City are minimized and that future
impact from operations do not exceed regulatory criteria on or off the Drill site, the
City will direct the Inspector/Technical Advisor(s) to perform periodic Padsite
Inspection and Monitoring activities during the operational life of the padsite. All
costs related to inspection, sampling and monitoring equipment operation may be
reimbursed by the Operator(s). Testing may include:
(1) Baseline Air testing – If the Drill site has no existing wells or ancillary
equipment, the Inspector will conduct a Baseline Air Survey over a 48-hour
period. At a minimum, the sampling will include evaluation on benzene, toluene,
ethylbenzene, xylenes, ozone, nitrogen oxides, sulfur dioxides, and formaldehyde.
The operator may conduct independent sampling during the evaluation period if
desired.
(2) Air Monitoring – Periodic inspections of the Drill site will include use of air
monitoring equipment to allow evaluation of current conditions at the edge and
center portions of the padsite. At a minimum, monitoring will include evaluation
of benzene, toluene, ethylbenzene, xylenes, ozone, nitrogen oxides, sulfur
dioxides, and formaldehyde. Alteration to the monitoring approach to
27 TM 59303
accommodate specific compounds may be considered by the City as appropriate.
If directed by the City Manager, air monitoring may be required during other
stages of site development such as, drilling, hydraulic fracturing, flowback, or
production to ensure planned site activities will comply with on and/or off-site
regulatory criteria.
(3) Field Inspection – Periodic inspections will be performed using calibrated
monitoring equipment to confirm the Drill site is operating in conformance with
the LDCP elements. If a specific leak is identified, discrete sampling may also be
performed by the Inspector as necessary. The operator will be notified prior to
performance of a Field Inspection to allow for an operator representative to be
present if desired.
The intent of any inspection or monitoring event is to provide independent data that
can be used by the operator and City to ensure all equipment is operating in
compliance with applicable city, state, and federal guidelines.
Sec. 9-26-8. Issuance of Oil or Gas Well permits.
A. After a public hearing as herein prescribed, the City Council may, after conformance
with other applicable provisions of this ordinance, approve a well location within the
buffer areas as herein established.
B. The provisions of this Ordinance 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 or Gas Well Permit is filed with the City.
C. If the City denies an Oil or Gas Well Permit application, the city shall notify the
Operator in writing of such denial stating the reasons for the denial. Within thirty
(30) calendar days of the date of the written decision of the City to deny the Oil or
Gas Well Permit, the Operator may cure those conditions that caused the denial and
resubmit the application to the City for approval and issuance of the Oil or Gas Well
Permit.
Sec . 9-26-9. Amended or transfer Oil or Gas Well permits.
A. An Operator may request to amend an existing Oil or Gas Well Permit transfer
operations, to relocate a drill site or operation site within the permitted pad site
provided the distance to adjacent habitable structures, as herein defined, does not
decrease, unless otherwise authorized by the Council, as provided in Section 9-26-
7(D).
B. Applications for amended Oil or Gas Well Permits shall be in writing, shall be signed
by the Operator, and shall include the following:
(1) The application fee as set by city ordinance;
28 TM 59303
(2) A description of the proposed amendments;
(3) Any changes to the information submitted with the application for the existing Oil
or Gas Well Permit (if such information has not previously been provided to the
City);
(4) Such additional information as is reasonably required by the City to demonstrate
compliance with the applicable Oil or Gas Well Permit; and
(5) Such additional information as is reasonably required by the City to prevent
imminent destruction of property or injury to persons.
C. All applications for amended Oil or Gas Well Permits shall be filed with the City for
review. Incomplete applications may be returned to the applicant, in which case the
City shall provide a written explanation of the deficiencies; however, the City shall
retain the application fee. The City may return any application as incomplete if there
is a dispute pending before the RRC regarding the determination of the Operator.
D. If the activities proposed by the amendment are generally consistent with activities
covered by the existing Oil or Gas Well Permit, and if the proposed activities are in
conformance with the applicable Oil or Gas Well Permit, then the City shall approve
the amendment within ten (10) calendar days after the application is filed.
E. If the activities proposed by the amendment are materially different from the
activities covered by the existing Oil or Gas Well Permit, the Operator shall submit a
new application. The process will then proceed through the same review and hearing
requirements outlined above for a new well.
F. The decision of the City to deny an amendment to an Oil or Gas Well Permit shall be
provided to the Operator in writing within ten (10) days after the decision, including
an explanation of the basis for the decision. The Operator may: 1) cure those
conditions that caused the denial and resubmit the application to the City, for
approval and issuance of the Oil or Gas Well Permit; or 2) file an appeal to the City
Council under the provisions outlined in this Ordinance pursuant to Sec. 9-26-18,as
amended.
G. Amend permit by transfer of operations. Gas well permit operations may be
transferred to another operator with the consent of the city and shall be accompanied
by a permit fee as established by resolution of the city council. This permit fee is in
addition to other fees that may be charged. The transferor shall comply with the
following:
(1) existing operator, transferor, must submit a written request to the city;
(2) transferee agrees to be bound by the terms and conditions of the current gas
well permit and road repair agreement;
29 TM 59303
(3) all information previously provided to the city as part of the current gas
well permit application has been updated to reflect any changes; and
(4) transferee provides insurance and security documents to the city.
(a) The transfer shall not relieve the transferor from any liability to the
city arising out of any activities conducted prior to the transfer.
Sec. 9-26-10. Suspension or revocation of Oil or Gas Well permit; Effect.
A. If an Operator (or its officers, employees, agents, contractors, or representatives) fails
to comply with any requirement of an Oil or Gas Well Permit (including any
requirement incorporated by reference as part of the Oil or Gas Well Permit), the
City shall give written notice to the Operator specifying the nature of the failure and
giving the Operator a reasonable time to cure, taking into consideration the nature and
extent of the failure, the extent of the efforts required to cure, and the potential impact
on the health, safety, and welfare of the community. In no event, however, shall the
cure period be less than thirty (30) calendar days unless the failure presents a risk of
imminent destruction of property or injury to persons or unless the failure involves
the Operator’s failure to provide periodic reports as required by this Ordinance, in
which case the suspension revocation may be immediate.
B. If, the Operator fails to correct the noncompliance within thirty (30) calendar days, or
the time given, from the date of the notice, the Oil and Gas Inspector may suspend or
revoke the Oil or Gas Well Permit pursuant to the provisions of this Ordinance. A
citation may be immediately issued for failure to comply with the provisions of
Section 9-26-7.(I) Noise. However, if the Operator is in compliance with the
approved noise management plan, and a violation still occurs, the Operator will be
given 24 hours from notice of non-compliance to correct the violation from an
identified source before a citation is issued. Additional extensions of the 24-hour
period may be granted in the event that the source of the violation can not be
identified after reasonable diligence by the Operator.
C. No person shall carry on any operations performed under the terms of the Oil or Gas
Well Permit issued under this Ordinance during any period of any Oil or Gas Well
Permit suspension or revocation or pending a review of the decision or order of the
City in suspending or revoking the Oil or Gas Well Permit. Nothing contained herein
shall be construed to prevent the necessary, diligent and bona fide efforts to cure and
remedy the default or violation for which the suspension or revocation of the Oil or
Gas Well Permit was ordered for the safety of persons or as required by the RRC.
D. If the Operator does not cure the noncompliance within the time specified in this
Ordinance, the Oil and Gas Inspector, upon written notice to the Operator, may notify
the RRC and request that the RRC take any appropriate action.
E. Operator may, within thirty (30) calendar days of the date of the decision of the City
or its authorized representative in writing to suspend or revoke an Oil or Gas Well
Permit, file an appeal to the City Council under the provisions outlined in this
Ordinance pursuant to Section 9-26-18, as amended.
30 TM 59303
F. If an application for an Oil or Gas Well Permit is denied by the City, nothing herein
contained shall prevent a new permit application from being submitted to the City.
Sec. 9-26-11. Periodic reports.
A. The Operator shall notify the City or its authorized representative of any changes to
the following information within one business week after the change occurs:
(1) The name, address, and phone number of the Operator;
(2) The name, address, and phone number of the person designated to receive notices
from the City (which person must a resident of Texas that can be served in person
or by registered or certified mail); and
(3) The Operator’s Emergency Action Response Plan (including “drive-to-maps”
from public rights-of-way to each drill site).
B. The Operator shall notify the City or its authorized representative of any change to
the name, address, and 24-hour phone number of the person(s) with supervisory
authority over drilling or operations activities within one business day.
C. The Operator shall provide a copy of any “incident reports” or written complaints
submitted to the RRC within thirty (30) days after the Operator has notice of the
existence of such reports or complaints.
st
D. Beginning on December 31 of each year after each well is completed, and
st
continuing on each December 31 thereafter until the Operator notifies the City or its
authorized representative that the well has been abandoned and the site restored, the
Operator shall submit a written report to the City identifying any changes to the
information that was included in the application for the applicable Oil or Gas Well
Permit that have not been previously reported to the City.
Sec.9-26-12. Bond, indemnity, and insurance.
.
A. BondPrior to the issuance of an Oil or Gas Well Permit the Operator shall provide
the City with a security instrument in the form of a bond as follows:
1. A bond shall be executed by a reliable bonding or insurance institution authorized to
do business in Texas, acceptable to the City or may provide an irrevocable letter of
credit in the appropriate amount payable to the City of Coppell. The bond or letter
shall become effective on or before the date the Oil or Gas Well Permit is issued and
shall remain in force and effect for at least a period of one hundred and eighty (180)
calendar days after the expiration of the Oil or Gas Well Permit term or until the well
is plugged and abandoned and the site is restored, whichever occurs first. The
31 TM 59303
Operator shall be listed as principal and the instrument shall run to the City, as
obligee, and shall be conditioned that the Operator will comply with the terms and
regulations of this Ordinance and the City. The original bond or letter shall be
submitted to the to the City Secretary.
2. The principal amount of any security instrument shall be fifty thousand dollars
($50,000) for any single well. If, after completion of a well, the Applicant/Operator,
who initially posted a fifty thousand dollars ($50,000) bond, has complied with all of
the provisions of this Ordinance and whose well is in the producing stage and all
drilling operations have ceased, may submit a request to the City to reduce the
existing bond to ten thousand dollars ($10,000) for the remainder of the time the well
produces without reworking. During reworking operations, the amount of the bond or
letter of credit shall be maintained at fifty thousand dollars ($50,000).
An operator drilling or reworking between one and five wells at any given time may
elect to provide a blanket bond in the principal minimum amount of one hundred fifty
thousand dollars ($150,000). If the operator drills or reworks more than five wells at a
time, the blanket bond shall be increased in increments of fifty thousand dollars
($50,000) per each additional well. Once the wells are in the producing stage and all
drilling operations have ceased, the Operator may elect to provide a blanket bond for
the remainder of the time the well produces, without reworking, as follows:
Number of Producing Wells Blanket Bond Amount Required
Up to 75 wells $100,000
75 to 150 wells $150,000
More than 150 wells $200,000
If at any time after no less than a fifteen (15)-day written notice to the Operator and a
public hearing, the City Council shall deem any Operator's bond or letter of credit to
be insufficient, it may require the Operator to increase the amount of the bond or
letter of credit up to a maximum of two hundred and fifty thousand dollars ($250,000)
per well.
3. Whenever the City finds that a default has occurred in the performance of any
requirement or condition imposed by this Ordinance, a written notice shall be given to
the Operator. Such notice shall specify the work to be done and the period of time
deemed by the Oil and Gas Inspector to be reasonably necessary for the completion of
such work. After receipt of such notice, the Operator shall provide the estimated cost
and, within the time therein specified, either cause or require the work to be
performed, or failing to do so, shall pay over to the City, one hundred twenty-five
(125) percent of the estimated cost of doing the work. In no event, however, shall the
cure period be less than thirty (30) days unless the failure presents a risk of imminent
destruction of property or injury to persons or unless the failure involves the
Operator’s failure to provide periodic reports as required by this Ordinance. The
maximum cure period shall not exceed forty-five (45) days. The City shall be
32 TM 59303
authorized to draw against any bond to recover such amount due from the Operator.
Upon receipt of such monies, the City shall proceed by such mode as deemed
convenient to cause the required work to be performed and completed, but no liability
shall be incurred other than for the expenditure of said sum in hand. In the event that
the well has not been properly abandoned under the regulations of the RRC, such
additional money may be demanded from the Operator as is necessary to properly
plug and abandon the well and restore the drill site in conformity with the regulations
of this Ordinance.
4. In the event the Operator does not cause the work to be performed and fails or refuses
to pay over to the City the estimated cost of the work to be done, or the issuer of the
security instrument refuses to honor any draft by the City against the bond, the City
may proceed to obtain compliance and abate the default by way of civil action against
the Operator, or by criminal action against the Operator, or by both such methods.
5. When the well or wells covered by said bond have been properly abandoned in
conformity with all regulations of this Ordinance, and in conformity with all
regulations of the RRC and notice to that effect has been received by the City, or
upon receipt of a satisfactory substitute, the bond issued in compliance with these
regulations shall be terminated and cancelled.
B. Insurance. In addition to the bond required pursuant to this Ordinance, the Operator
shall carry a policy or policies of insurance issued by an insurance company or
companies authorized to do business in Texas. In the event such insurance policy or
policies are cancelled, the Oil or Gas Well Permit shall be suspended on such date of
cancellation and the Operator’s right to operate under such Oil or Gas Well Permit
shall immediately cease until the Operator files additional insurance as provided
herein.
(1) General Requirements applicable to all policies.
(a) The City, its officials, employees, agents and officers shall be endorsed as
an “Additional Insured” to all policies except Employers Liability coverage
under the Operator’s Workers Compensation policy.
(b)All policies shall be written on an occurrence basis except for
Environmental Pollution Liability (Seepage and Pollution coverage) and
Excess or Umbrella Liability, which may be on a claims-made basis.
(c)All policies shall be written by an insurer with an A-: VIII or better rating by
the most current version of the A. M. Best Key Rating Guide or with such
other financially sound insurance carriers acceptable to the City.
(d)Deductibles shall be listed on the Certificate of Insurance and shall be on a
“per occurrence” basis unless otherwise stipulated herein.
33 TM 59303
(e)Certificates of Insurance shall be delivered to the city of Coppell, 255
Parkway Boulevard, Coppell, Texas 75019, evidencing all the required
coverages, including endorsements, prior to the issuance of an Oil or Gas
Well Permit.
(f)All policies shall be endorsed with a waiver of subrogation providing rights
of recovery in favor of the City.
(g)Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement
specified herein.
(h)Each policy shall be endorsed to provide the City a minimum thirty (30)-day
notice of cancellation, non-renewal, and/or material change in policy terms
or coverage. A ten (10)-day notice shall be acceptable in the event of non-
payment of premium.
(i)During the term of the Oil or Gas Well Permit, the Operator shall
report, in a timely manner, to the Oil and Gas Inspector any known
loss occurrence which could give rise to a liability claim or lawsuit
or which could result in a property loss.
(j)Upon request, certified copies of all insurance policies shall be
furnished to the City.
(2)Standard Commercial General Liability Policy.
This coverage must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage, independent
contractors protective liability and personal injury. This coverage shall be a minimum
Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property
Damage.
(3) Excess or Umbrella Liability.
$5,000,000 Excess, if the Operator has a stand-alone Environmental Pollution
Liability (EPL) policy.
$10,000,000 Excess, if the Operator does not have a stand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental pollution. If
Seepage and Pollution coverage is written on a “claims made” basis, the
Operator must maintain continuous coverage and purchase Extended Coverage
Period Insurance when necessary.
34 TM 59303
(4) Environmental Pollution Liability Coverage.
(a) Operator shall purchase and maintain in force for the duration of the Oil or Gas
Well Permit, insurance for environmental pollution liability applicable to bodily
injury, property damage, including loss of use of damaged property or of
property that has not been physically injured or destroyed; clean-up costs; and
defense, including costs and expenses incurred in the investigation, defense or
settlement of claims; all in connection with any loss arising from the insured
site. Coverage shall be maintained in an amount of at least $1,000,000 per loss,
with an annual aggregate of at least $10,000,000.
(b) Coverage shall apply to sudden and accidental pollution conditions resulting
from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
(c) The Operator shall maintain continuous coverage and shall purchase Extended
Coverage Period insurance when necessary. The Extended Coverage Period
insurance must provide that any retroactive date applicable to coverage under
the policy precedes the effective date of the issuance of the permit by the City.
(5) Control of Well. The policy should cover the cost of controlling a well that is out of
control, re-drilling or restoration expenses, seepage and pollution damage as first
party recovery for the Operator and related expenses, including, but not limited to,
loss of equipment, experts and evacuation of residents.
$ 5,000,000 per occurrence/no aggregate, if available, otherwise an aggregate of
ten (10) million dollars.
$ 500,000 Sub-limit endorsement may be added for damage to property for which
the Operator has care, custody and control.
(6) Workers Compensation and Employers Liability Insurance.
(a)Workers Compensation benefits shall be Texas Statutory Limits.
(b)Employer’s Liability shall be a minimum of $500,000 per accident.
(c)Such coverage shall include a waiver of subrogation in favor of the City and
provide coverage in accordance with applicable State and Federal laws.
(7) Automobile Liability Insurance.
(a)Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage.
(b)Coverage must include all owned, hired and not-owned automobiles.
35 TM 59303
(8) Certificates of Insurance.
(a)The company must be admitted or approved to do business in the State of
Texas, unless the coverage is written by a Surplus Lines insurer.
(b)The insurance set forth by the insurance company must be underwritten on
forms that have been approved by the Texas State Board of Insurance or ISO, or
an equivalent policy form acceptable to the City, with the exception of
Environmental Pollution Liability and Control of Well coverage.
(c)Sets forth all endorsements and insurance coverage according to requirements
and instructions contained herein.
(d)Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the City. All policies shall be endorsed to read “THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT
THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER
AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED
FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS
ADVANCE WRITTEN NOTICE IS REQUIRED”.
(e)Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
C. Indemnification and Express Negligence Provisions. Each Oil or Gas Well Permit
issued by the City shall include the following language: Operator does hereby
expressly release and discharge all claims, demands, actions, judgments, and
executions which it ever had, or now has or may have, or assigns may have, or claim
to have, against the city of Coppell, and/or its departments, agents, officers, servants,
successors, assigns, sponsors, volunteers, or employees, created by, or arising out of
personal injuries, known or unknown, and injuries to property, real or personal, or in
any way incidental to or in connection with the performance of the work performed
by the Operator under an Oil or Gas Well Permit. The Operator shall fully defend,
protect, indemnify, and hold harmless the city of Coppell, Texas, its departments,
agents, officers, servants, employees, successors, assigns, sponsors, or volunteers
from and against each and every claim, demand, or cause of action and any and all
liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and
expenses incurred in defense of the city of Coppell, Texas, its departments, agents,
officers, servants, or employees, including, without limitation, personal injuries and
death in connection therewith which may be made or asserted by Operator, its agents,
assigns, or any third parties on account of, arising out of, or in any way incidental to
or in connection with the performance of the work performed by the Operator under
an Oil or Gas Well Permit. The Operator agrees to indemnify and hold harmless the
city of Coppell, Texas, its departments, its officers, agents, servants, employees,
successors, assigns, sponsors, or volunteers from any liabilities or damages suffered
36 TM 59303
as a result of claims, demands, costs, or judgments against the City, its departments,
its officers, agents, servants, or employees, created by, or arising out of the acts or
omissions of the city of Coppell occurring on the drill site or operation site in the
course and scope of inspecting and permitting the Oil or Gas wells INCLUDING,
BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR
IN PART FROM THE NEGLIGENCE OF THE CITY OF COPPELL OCCURRING
ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF
INSPECTING AND PERMITTING THE OIL OR GAS WELLS. IT IS
UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO
INDEMNIFY AND PROTECT THE CITY OF COPPELL, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM
THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF COPPELL,
TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR
CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR
DAMAGE.
D. Notice.The individual designated to receive notice shall be a resident of Texas upon
whom all orders and notices provided in this Ordinance may be served in person or
by registered or certified mail. Every Operator shall within ten (10) calendar days
notify the City in writing of any change in such agent or mailing address unless
operations in the City are discontinued and abandonment is complete.
E. Acceptance and Indemnity Agreement. The Operator who has a net worth of not less
than twenty-five million dollars ($25,000,000), as shown in such Owner’s or
Operator’s most recent audited financial statements, may substitute an acceptance and
indemnity agreement in lieu of the bond and insurance requirements set forth in this
Ordinance, provided that such acceptance and indemnity agreement shall be in a form
acceptable to, and approved by, the City Attorney. The City may request an annual
review of the Operator’s most recent audited financial statements to assure
compliance with this section.
Sec. 9-26-13. Bond requirements and terms.
A. General Requirements. The Operator shall be required to:
(1) Comply with the terms and conditions of this Ordinance and the Oil or Gas
Well Permit issued hereunder.
(2) Promptly clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after abandonment
or completion grade, level and restore such property to the same surface
conditions as nearly as possible as existed before operations.
37 TM 59303
(3) Indemnify and hold harmless the City, its officers, agents, and employees from
and against any and all claims, losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and
attorney’s fees, for injury to or death of any person or for damage to any
property arising out of or in connection with the work done by Operator under
an Oil or Gas Well Permit:
(a) where such injuries, death or damages are caused by Operator’s sole
negligence or the joint negligence of Operator and any other person or
entity; and
(b) regardless of whether such injuries, death or damages are caused in whole or
in part by the negligence of Operator.
(4) Promptly pay all fines, penalties and other assessments imposed due to breach
of any terms of the Oil or Gas Well Permit.
(5) Promptly restore to its former condition any public property damaged by the Oil
or Gas operation.
Sec.9-26-14. Technical regulations.
A. On-Site Requirements.
a.Abandoned wells. All wells shall be abandoned in accordance with the rules of the
Texas Railroad Commission and Sec. 9-26-16 ‘Plugged and abandoned wells’ of
this ordinance. however, all well casings shall be cut and removed to a depth of at
least ten feet below the surface unless the surface owner submits a written
agreement otherwise, then three feet shall be the minimum depth allowed. No
structures shall be built over an abandoned well.
b.Blowout Prevention. In all cases, blowout prevention equipment shall be used on
all wells being drilled, worked-over or in which tubing is being changed.
Protection shall be provided to prevent blowout during oil or gas operations as
required by and in conformance with the requirements of the RRC and the
recommendations of the American Petroleum Institute. The Operator must equip
all drilling wells with adequate blowout preventors, flow lines and valves
commensurate with the working pressures involved as required by the RRC.
c.Closed Loop Mud Systems. A Closed Loop Mud System shall be required for all
drilling and reworking operations for all gas wells. Reserve pits are prohibited
and everything shall be placed in steel tanks surrounded by a berm. Only
freshwater-based mud systems shall be permitted. Saltwater-based mud systems
and oil-based mud systems are prohibited.
38 TM 59303
d.Compliance. Operator shall comply at all times with all applicable federal, state
and City requirements.
e.Discharge. No person shall place, deposit, discharge, or cause or permit to be
placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar,
hydrocarbon substances or any refuse including wastewater or brine from any oil
or gas operation or the contents of any container used in connection with any oil
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.
f.Drilling notice. The operator shall provide ten (10) day notice to the city and gas
inspector prior to the start of drilling, fracking or workover operations.
g.Drill Stem Testing. All open hole formation or drill stem testing shall be done
during daytime hours. Drill stem tests may be conducted only if the well effluent
during the test is produced through an adequate 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.
h.Dust, Vibration, Odors. All drilling and production operations shall be conducted
in such a manner as to minimize, so far as practicable, dust, vibration, or noxious
odors, and shall be in accordance with the best accepted practices incident to
drilling for the production of oil, gas and other hydrocarbon substances in urban
areas. All equipment used shall be so constructed and operated so that vibrations,
dust, odor or other harmful or annoying substances or effect will be minimized by
the operations carried on at any drilling or production site or from anything
incident thereto, to the injury or annoyance of persons living in the vicinity; nor
shall the site or structures thereon be permitted to become dilapidated, unsightly
or unsafe. Proven technological improvements in industry standards of drilling
and production in this area shall be adopted as they become available if capable of
reducing factors of dust, vibration and odor.
i.Electric Lines. All electric lines to production facilities shall be located in a
manner compatible to those already installed in the surrounding area; however, all
lines crossing and public right-of-way shall be placed underground.
j.Electric Motors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location
except for thermal electric generators. All electrical installations and equipment
shall conform to the City ordinances and the appropriate national codes.
k.Emergency Response Plan. Prior to the commencement of any oil, gas or other
hydrocarbons production activities, Operator shall submit to the City an
emergency response plan establishing written procedures to minimize any hazard
resulting from drilling, completion or producing of oil or gas wells. Said plan
39 TM 59303
shall use existing guidelines established by the RRC, Texas Commission on
Environmental Quality, Department of Transportation and/or the Environmental
Protection Agency.
l.Equipment Painted. All production equipment on the site shall be painted and
maintained at all times, including pumping units, storage tanks, buildings and
structures. Company logos shall be allowed; however, no advertisement shall be
allowed but nothing shall prevent branding or identification on any service
vehicles or equipment.
m. Explosives. The use of explosive charges on a drill site shall require and
explosives permit from the fire marshal. Use or transport of explosive charges
to be used on any drill site or seismic survey by an operator within the city
limits shall require approval by the fire marshal.
n.Fire Prevention; Sources of Ignition Firefighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state,
or local law shall be provided by the Operator, at the Operator’s cost, and
shall be maintained on the drilling site at all times during drilling and
production operations. The Operator shall be responsible for the maintenance
and upkeep of such equipment. Each well shall be equipped with an
automated valve that closes the well in the event of an abnormal change in
operating pressure. All well heads shall contain an emergency shut-off valve
to the well distribution line.
In the event of a fire or discovery of a fire, smoke, or unauthorized release of
flammable or hazardous material on any property, the operator shall
immediately report such condition to the city fire department.
.
o. Hydraulic Fracturing (Frack, Fracking) stimulation operations
(a) All formation fracturing operations shall be conducted during
daylight hours unless the operator has notified the oil and gas inspector
that fracking will occur before or after daylight hours to meet safety
requirements.
(b) Operator shall provide ten (10) day notice to the city and gas
inspector prior to the start of fracking operations.
(c) A minimum of ten (10) days prior to any fracking operations, a sign
will be posted at the entrance of the well site advising the public of the
date the operations will commence and the name, address and 24 hour
phone number to contact.
(d) A watchman shall be required at all times during fracking
operations.
(e) 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.
40 TM 59303
(f) After frack operations have been completed on a wellbore(s) the
wellbores, mouseholes, ratholes, cellars and conduit casings shall be:
i. covered at all times when not in use by appropriate means that
adequately covers the entire bore hole;
ii. completed though the production flange with a metal plate or
blind flange bolted across the head; and
iii. protected from vandalism, wind driven debris, vehicle
damage or other threat that would have the potential to disrupt
operations or release any amount of natural gas or flowback
water.
p. Fresh water fracture pits.
(a) The construction of fresh water frack pit shall require a permit
issued by the city.
(b) No construction of the fracture pit shall commence until review and
approval from the city and permit(s) has been issued.
(c) No fresh water frack pit may be placed in any city recognized
drainage way, FEMA floodplain or floodway, existing city right-of-way
or city easements.
(d) Construction and maintenance of the pit must comply with all city
regulations.
(e) The permit issued by the city shall be maintained on the location at
all times during construction of the pit.
(f) At no time shall oil and gas waste by-products, flowback water or
produced water be allowed in the pit.
(g) The perimeter of the completed pit shall be fenced, gated and have
signage identifying the site per the city permit.
(h) Periodic tests may be required by the city. All reasonable costs for
testing shall be borne by the operator of the permittee or the freshwater
fracture pit. All samples for testing shall be witnessed by designated
city personnel.
q. Fresh Water Wells. It shall be unlawful to drill any oil or gas well,
the center of which, at the surface of the ground, is located within
three hundred (300) feet to any fresh water well, except for fresh water
wells used solely for operation of the oil or gas well operation. The
measurement shall be in a direct line from the closest well bore to the
fresh water well bore.
The operator of an oil or gas well shall provide the Oil and Gas Inspector
with a listing of all water wells registered with the Texas Water
Development Board or TCEQ within 20 calendar days of the permit
application. A “pre-drilling” and “post-fracking” water analysis will be
performed by the inspector from any fresh water well whose owner
provides access within five hundred (500) feet of the oil or gas well.
41 TM 59303
Water tests will conform to the City requirements at the time sampling is
performed using approved EPA or TCEQ methodology. A copy of both
sampling results will be provided within one report following completion
of sampling activities.
Within one hundred eighty (180) days of its completion date, each oil or
gas well shall be equipped with a cathodic protection system to protect the
production casing from external corrosion. The Oil and Gas Inspector
may approve an alternative method of protecting the production casing
from external corrosion.
r. Oil or Gas Emission or Burning Restricted. No person shall allow, cause
or permit gases to be vented into the atmosphere or to be burned by open
flame except as provided by law or as permitted by the RRC. If the
venting of gases into the atmosphere or the burning of gases by open
flame is authorized as provided by law or as permitted by the RRC, then
such vent or open flame shall not be located closer than one thousand
(1,000) from any building not used in operations on the drilling site and
such vent or open flame shall be screened in such a way as to minimize
detrimental effects to adjacent property owners. 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.
s. Gas lift Compressor. Any onsite compressor used to ‘lift gas’ shall be
designed to comply with the noise and screening requirements of this
ordinance.
t. Gas processing onsite. Except for a conventional gas separator or line
heater, no refinery, processing, treating, or absorption plant of any kind
shall be constructed, established or maintained on the premises without
appropriate City permits and a Certificate of Occupancy.
u. Grass, Weeds, Trash. All drill and operation sites shall be kept clear of
high grass, weeds and combustible trash.
v. Hazardous Materials Management Plan.Hazardous Materials
Management Plan shall be on file with the Fire Marshal and the Oil and
Gas Inspector.
w. Lights. No person shall permit any lights located on any drill or operation
site to be directed in such a manner so that they shine directly on public
roads, adjacent property or property in the general vicinity of the operation
site. To the extent practicable, and taking into account safety
considerations, site lighting shall be directed downward and internally so
as to avoid glare on public roads and adjacent dwellings and buildings
within three hundred (300) feet, and shall be in compliance with Chapter
42 TM 59303
12, Article 36, Glare and Lighting Standards of the Coppell Code of
Ordinances.
x. Muffling Exhaust. Exhaust from any internal combustion engine,
stationary or mounted on wheels, used in connection with the drilling of
any well or for use on any production equipment shall not be discharged
into the open air unless it is equipped with an exhaust muffler, or mufflers
or an exhaust muffler box constructed of noncombustible materials
sufficient to suppress noise and prevent the escape of obnoxious gases,
fumes or ignited carbon or soot
y. Private Roads and Drill Sites. Prior to the commencement of any drilling
operations, all private roads used for access to the drill site and the
operation site itself shall be at least ten (10) feet wide, have an overhead
clearance of fourteen (14) feet and shall be surfaced with crushed rock,
gravel or ore and maintained to prevent dust and mud. The property shall
have adequate area to allow for the maneuvering of emergency vehicles
into and out of the pad site. In particular cases these requirements
governing surfacing of private roads may be altered at the discretion of the
City after consideration of all circumstances including, but not limited to,
the following: distances from public streets and highways; distances from
adjoining and nearby property owners whose surface rights are not leased
by the operation; the purpose for which the property of such owners is or
may be used; topographical features; nature of the soil; and exposure to
wind.
z.
Reduced Emission Completion.After fracturing or re-fracturing, Operators
shall employ appropriate equipment and processes as soon as practicable
to minimize natural gas and associated vapor releases to the environment.
All salable gas shall be directed to the sales line as soon as practicable or
shut in and conserved. Reduced Emission Completion techniques and
methods shall not be required for Barnett Shale wells permitted prior to
July 1, 2009 or when the well is first wellbore drilled on the site or wells
that do not have a sales line. Operators may request a variance from the
Gas Inspector if they believe that reduced emission completion techniques
or methods are not feasible or would endanger the safety of personnel or
the public. Flaring may be allowed in some instances to an alternative
from venting as allowed by the Gas Inspector. If burning of gases by open
flame is authorized by the Gas Inspector then such open flame shall not be
located closer than one thousand feet from any building not used in
operations on the drilling site and such open flame shall be screened in
such a way as to minimize detrimental effects to adjacent property owners.
aa.Salt Water Wells. No salt water disposal wells shall be located within the
city of Coppell.
bb.Signs
43 TM 59303
(a) A company contact and 911 emergency numbers sign shall be
immediately and prominently displayed adjacent to the public right-of-
way at the gate on the temporary and permanent site fencing erected
pursuant to this Ordinance. Such sign shall be durable material,
maintained in good condition and, unless otherwise required by the RRC,
shall have a surface area of not less than two (2) square feet nor more than
four (4) square feet and shall be lettered with the following:
(1) Well name and number;
(2) Name of Operator;
(3) The emergency 911 number; and
(4) Telephone numbers of two (2) persons responsible for the well who
may be contacted in case of emergency, and
(5) The City of Coppell jurisdiction.
(b) Permanent weatherproof signs reading “DANGER NO SMOKING
OR OPEN FLAMES 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
Marshal of the City. Sign lettering shall be four (4) inches in height
and shall be red on a white background or white on a red background.
Each sign shall include the emergency notification numbers of the Fire
Department and the Operator, well and lease designations required by
the RRC.
(c) Address and wellbore identification signage is to be immediately and
prominently displayed at the entrance of the access road to a gas well
pad site using letters four (4) inches in height.
(d) Each tank is required to have the appropriate National Fire Prevention
Association fire diamond hazard placard, produced water contents and
confined space warning signage.
(e) Each wellhead is required to have an identification sign.
(f) Any other signage is to be posted at a location approved or designated
by the fire marshal of the city.
cc.Storage of Equipment. On-site storage is prohibited on the operation site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well. Lumber, pipes, tubing and casing
shall not be left on the operation site except when drilling or well servicing operations
are being conducted on the site.
44 TM 59303
No vehicle or item of machinery shall be parked or stored on any street, right-of-way
or in any driveway, alley or upon any operation site which constitutes a fire hazard or
an obstruction to or interference with fighting or controlling fires except that
equipment which is necessary for drilling or production operations on the site. The
Fire Department shall be the entity that determines whether an equipment on the site
shall constitute a fire hazard. No refinery, processing, treating, dehydrating or
absorption plant of any kind shall be constructed, established or maintained on the
premises. This shall not be deemed to exclude a conventional gas separator or
dehydrator.
dd.Storage Tanks. All tanks and permanent structures shall conform to the American
Petroleum Institute (A.P.I.) specifications unless other specifications are approved by
the City. The top of the tanks shall be no higher than ten (10) feet above the terrain
surrounding the tanks. All storage tanks shall be equipped with a secondary
containment system including lining with an impervious material. The secondary
containment system shall be a minimum of three feet (3’) in height and one and one-
half (1½) times the contents of the largest tank in accordance with the Fire Code, and
buried at least one foot (1’) below the surface. Drip pots shall be provided at the
pump out connection to contain the liquids from the storage tank.
a.Secondary containment shall be capable of containing a release of 150% of the
largest storage container within the containment and have adequate freeboard to
contain an average annual rain event.
b.Temporary flowback tanks shall be removed within ninety (90) days after
completion of the gas well(s) at the pad site unless permission is obtained from
the Gas Inspector to extend the time period for no more than thirty (30) days.
c.All tanks shall be set back pursuant to the standards of the RRC and the National
Fire Protection Association, but in all cases, shall be at least two hundred (200)
feet from any public right-of-way or property line. Each storage tank shall be
equipped with a level control device that will automatically activate a valve to
close the well in the event of excess liquid accumulation in the tank.
d.No meters, storage tanks, separation facilities, or other aboveground facilities,
other than the well head and flow lines, shall be placed in a floodway. Such
facilities may not be placed within the 100-year floodplain
e.Tanks must be at least five hundred (500) feet from any residence, religious
institution, public building, hospital building, school, habitable structure or
combustible structure.
f. Appropriate signage as required by this ordinance.
ee.Tank Battery Facilities. Tank battery facilities shall be equipped with a remote foam
line and a lightning arrestor system.
ff. Security. At all times, the operation site or compressor station shall have a minimum
of one (1) security camera mounted inside the enclosure. Signs shall be posted on the
fence or wall of the site to indicate that activity on the site may be recorded by video
45 TM 59303
surveillance. Camera systems shall be maintained in proper operating condition and
shall be designed and located to meet the following requirements:
(a) capture clear video images (day and night) of all traffic entering and exiting the
gate(s);
(b) capture clear video images (day and night) of all production equipment located on
the site; and
(c) show the date and time of all activity on the footage
(d) Operator shall maintain video data for a period of five (5) business days
gg.Surface Casing.
a)An operator may set and cement sufficient surface casing to protect all usable-
quality water strata, as defined by state law. The Operator shall notify the City
in writing at least 72 hours prior to setting and cementing surface casing. In
addition, the following shall be required:
i)Centralizers must be used at an interval of one centralizer per one hundred
feet, or 10 centralizers per one thousand feet.
ii)New surface casing.
iii)Proper floating equipment shall be used.
iv)Class “H” or Class “C” cement with accelerators shall be used.
v)The Operator shall circulate to surface; if not, the Operator shall cement
with one inch tubing and top off.
vi)The operator shall provide a copy of the W-15 ‘Cementing Report’.
vii)The Operator shall wait on cement a minimum of eight to twelve hours prior
to commencing further Drilling operations.
viii)The Operator shall test the blowout preventer before Drilling out of surface
casing to four thousand psi.
hh.Valves. Each well must have a shut-off valve to terminate the well’s production. The
Fire Department shall have access to the well site to enable it to close the shut-off
valve in an emergency. Each well shall be equipped with an automated valve that
closes the well in the event of any abnormal increase in operating pressure.
.
ii. Vapor Recovery for Storage TanksVapor recovery equipment shall be required for
tank batteries that have an estimated rolling annual aggregate emissions rate of 25
tons or greater of total volatile organic hydrocarbons per year per well head. Vapor
recovery equipment must be operated and maintained in such a way to ensure a
ninety-five 95% recover efficiency between the internal and external atmospheres of
the tank(s).
46 TM 59303
jj.Waste Management and Disposal. Unless otherwise directed by the RRC, all tanks
used for storage shall conform to the following:
(a) Operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the American Petroleum Institute standards.
All tanks must have a vent line, flame arrester and pressure relief valve. All
tanks must be enclosed by a fence applicable to the issued permit classification.
No tank battery shall be within five hundred (500)of any habitable structure (not
used in operations on the drilling site), including, but not limited to residence,
religious institution, public building, hospital, school, public park, or any
business or other combustible structure.
(b) Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or
resulting from or connected with the drilling, re-working or deepening of any
well shall be discharged into a lined earthen pit. All disposals must be in
accordance with the rules of the RRC and any other appropriate local, state or
federal agency. Additionally, any materials meeting the RRC requirements as
NORM equipment will need to be clearly labeled and managed according to all
regulatory requirements by both the RRC and Texas State Department of Health
Services, as applicable.
(c) Unless otherwise directed by the RRC, waste materials shall be removed from
the site and transported to an off-site disposal facility not less often than every
thirty (30) days. Water stored in on-site tanks shall be removed as necessary.
(d) All waste shall be disposed of in such a manner as to comply with the air and
water pollution control regulations of the state, this Ordinance and any other
applicable ordinance of the City.
kk.Watchman. The Operator must keep a qualified personnel on site at all times during
the drilling or re-working of a well.
ll. Completion (perforating fracking). The Operator shall notify the City in writing at
least 48 hours prior to starting completion procedures such as fracturing and
perforating. The well must be equipped with a blowout preventer before this
operation is commenced. If a bridge plug is set over a producing formation prior to
additional completion, it must be pressure-tested to a sufficient pressure to ensure
that it is not leaking.
st
mm. Final Pipeline hookup (1 sales, bradenhead gauge, and final pad site clean-up)
a.The Operator shall notify the City in writing at least 72 hours prior to the fist sale.
The Operator shall install a bradenhead gauge.
b.
After the site has been cleaned up and screened, the Operator shall notify the Gas
c.
Well Inspector for a final inspection
47 TM 59303
oo. Well Setbacks. Except as otherwise provided, it shall be unlawful to drill any well, which
is located:
(1) Within one hundred (100) feet from any outer boundary line of the pad site; or
(2) Within two hundred (200) feet from any storage tank, or source of ignition; or
(3) Within seventy-five (75) feet of any public street, road, highway or future street,
right-of-way or property line; or
(4) Within one thousand (1,000) feet from any habitable structure (not used in
operations on the drilling site), including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any business The
distance shall be calculated from the boundary of the pad site, in a straight line,
without regard to intervening structures or objects, to the closest exterior point of
any object listed in Section 9-26-14(B) (1-6), as amended.
(5) Within one hundred (100) feet of any building accessory to, but not necessary to
the operation of the well; or
(6) Within three hundred (300) feet to any fresh water well, and five (500) hundred
feet from a water conveyances. The measurement shall be in a direct line from
the closest well bore to the fresh water well bore.
The distances set out in Section 9-26-14(B), subsection may be reduced as
provided herein at the discretion of the City Council, but in no event less than
five hundred (500) feet from any dwelling or any other habitable structure as
herein defined and three hundred (300) feet from non-residential structures as
herein defined without the unanimous consent of the property owners within this
radius around said well and the affirmative vote of the City Council. For
protection of the public health, safety and welfare, the City Council may impose
additional requirements for a reduction of such distance. The reduction of the
distance requirement for fresh water wells is subject to the RRC regulations and
any other state or federal requirements.
C. Installation of Pipelines On, Under or Across Public Property.The Operator shall
apply to the City for a franchise agreement on, over, under, along or across the City
streets, sidewalks, alleys and other City property for the purpose of constructing,
laying, maintaining, operating, repairing, replacing and removing pipelines so long as
production or operations may be continued under any Oil or Gas Well Permit issued
pursuant to this Ordinance. Operator shall:
(1) Not interfere with or damage existing water, sewer or gas lines or the facilities of
public utilities located on, under or across the course of such rights-of way.
48 TM 59303
(2) Furnish to the City a plat showing the location of such pipelineswith geographic
coordinates of the pipe bore at a point separation distance set by the city engineer,
using the North American Datum 1983 (NAD 83), Texas State Plane - North
Central Zone (4202), in United States feet.
(3) Construct such lines out of pipe in accordance with the City codes and regulations
properly cased and vented if under a street, all crossings of City streets will be by
“dry bore” method only;
(4) Grade, level and restore such property to the same surface condition, as nearly as
practicable, as existed when operations for the drilling of the well were first
commenced.
No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or projected streets or alleys shown by the current comprehensive
plan of the City, and no street or alley shall be blocked or encumbered or closed due to any
exploration, drilling or production operations unless prior consent is obtained from the City.
Any consent from the City shall be temporary in nature and state the number of hours and/or
days that any street or alley may be blocked, encumbered or closed.
Sec. 9-26-15. Clean-up and maintenance.
A.Clean-up after well servicing. After the well has been completed or plugged and
abandoned, the Operator shall clean the drill site or operation site, complete restoration activities
and repair all damage to public property caused by such operations within sixty (60) calendar
days.
B. Surface Reclamation Plan Requirements. Each Operator must submit as part of the
Gas Well Permit application a surface reclamation plan that must include information outlined in
this subsection, in the degree of detail necessary to demonstrate that full site reclamation can be
accomplished. The reclamation plan must include:
(1) Measures to be taken to restore property to allow use under the City Comprehensive
Plan;
(2) The control of surface water drainage and of water accumulation and measures to be
taken during the reclamation process to provide for the protection of the quantity and
quality of surface and groundwater systems;
(3) Cleaning up polluted surface and ground water;
(4) Backfilling, soil stabilization, compacting, grading, and appropriate re-vegetation;
(5) Soil reconstructions, replacement, and stabilization;
(6) Configuration of the reshaped topography;
49 TM 59303
(7) Waste disposal;
(8) A plan for re-vegetation of affected lands;
(9) Road reclamation; and
(10) Other practices necessary to ensure all disturbed areas will be reclaimed.
C. Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction, the
Operator shall remove or cause to be removed to the satisfaction of the City all waste
materials from any public or private property affected by such spill, leak or malfunction.
Clean-up operations must begin immediately. If the owner fails to begin site clean-up
within twenty-four (24) hours, the City shall have the right to contact the RRC in order to
facilitate the removal of all waste materials from the property affected by such spill, leak
or malfunction.
D. Free from debris. The property on which a well site is located shall at all times be kept
free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or
other waste material within a radius of one hundred (100) feet around any separators,
tanks and producing wells.
E. Painting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, and buildings or structures. When requiring
painting of such facilities, the City shall consider the deterioration of the quality of the
material of which such facility or structure is constructed, the degree of rust, and its
appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral
colors shall include sand, gray and unobtrusive shades of green, blue and brown, or other
neutral colors approved by the City.The operator identifying logo may be placed on the
tanks.
F. Blowouts. In the event of the loss of control of any well, Operator shall immediately take
all reasonable steps to regain control regardless of any other provision of this Ordinance
and shall notify the Oil and Gas Inspector as soon as practicable. The Oil and Gas
Inspector shall certify in writing, briefly describing the same, to the City Manager. If the
Oil and Gas Inspector, in his opinion, believes that danger to persons and property exists
because of such loss of well control and that the Operator is not taking or is unable to
take all reasonable and necessary steps to regain control of such well, the Oil and Gas
Inspector may then employ any well control expert or experts or other contractors or
suppliers of special services, or may incur any other expenses for labor and material
which the Oil and Gas Inspector deems necessary to regain control of such well. The
City shall then have a valid lien against the interest in the well of all working interest
owners to secure payment of any expenditure made by the City pursuant to such action of
the Oil and Gas Inspector in gaining control of said well.
Sec. 9-26-16. Plugged and abandoned wells.
50 TM 59303
A.Surface requirements for plugged and abandoned well. Whenever abandonment
occurs pursuant to the requirements of the RRC, the Operator so abandoning shall be
responsible for the restoration of the well site to its original condition as nearly as
practicable, in conformity with the regulations of this Ordinance.
B. Abandonment Approval. Abandonment shall be approved by the City after
restoration of the drill site has been accomplished in conformity with the following
requirements at the discretion of the City:
C. Abandoned well requirement. Two (2) days prior to the start of such work; the
operator shall furnish the following forms to the city and gas well inspector: at the
discretion of the city:
(1) A copy of Commission form W-3A ‘Notice of Intention to Plug and Abandon’
under the provisions of this section and stating the date such work will be
commenced.
(2) A copy of Commission form W-3 ‘Plugging Report’ and stating the date such
work was completed. the approval of the commission confirming compliance with
all abandonment proceedings under the state law; and
(3) Abandonment may then be commenced on or subsequent to the date so stated.
(4) All well casings and cellars shall be cut and removed to a depth of at least three
(3) feet below the surface.
(5) A permanent abandonment marker, with the well identity and location
permanently inscribed, shall be welded to the casing and shall be at least four (4)
inched in diameter and with a length of four (4) feet visible above the ground.
D. Surface restoration Abandonment approval. Permit termination due to abandonment
shall be approved by the city after a restoration plan of the wellbore drill site has been
accomplished in conformity with the following requirements at the discretion of the
city:
(1) The derrick and all appurtenant equipment thereto shall be removed from drill
site;
(2) All tanks, towers, and other surface installations shall be removed from the drill
site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign materials
regardless of depth, except surface casing, shall be removed from the site, unless
otherwise directed by the commission;
(4) All holes and depressions shall be filled with clean, compactable soil;
(5) All waste, refuse or waste material shall be removed from the drill site; and
(6) During abandonment, operator shall comply with all applicable sections in this
article.
E.Abandonment requirements prior to new construction. All abandoned or deserted wells
or drill sites shall meet the most current abandonment requirements of the commission
prior to the issuance of any building permit for development of the property.
(1) No structure shall be built over an abandoned well. A five (5) foot no-build
easement around the center of the plugged and abandoned wellbore shall be required
51 TM 59303
Sec. 9-26-18. Seismic Testing Permits
A.Seismic and other exploration activity permit. In order to obtain a permit to conduct
exploration activity an application for a permit must be filed with the Engineering
Department and be accompanied by a filing fee as established from time to time by
resolution. The application shall include the following information:
(1) Date of the application;
(2) Name, address and telephone number of the applicant and, if the applicant is conducting
such activity on behalf of or for another person, the name, address and telephone
number of the other person;
(3) Name, address and telephone number of each owner of the surface located within 600
feet of where exploratory activity will occur;
(4) A description of and map of the area being explored;
(5) Type of exploration equipment to be used;
(6) A detailed description of all precautions and safety measures to be taken to prevent
damage to existing structures, water and sewer lines and streets and curbs within an
area of 1,200 feet from each exploration or testing site if explosives are to be used or
within an area of 600 feet if explosives are not to be used.
(7) A signed road damage remediation agreement supplied by the city that provides that the
person conducting the exploration operations shall pay for maintenance and damage
remediation of all roads, streets, and highways, irrigation, water and sewer lines and
other utilities and landscaping caused by use of heavy vehicles for any activity
associated with these operations. After providing all information requested by the city,
including, but not limited to, type and weight of equipment to be used, frequency of
travel, and routes, the city will assess a fee that is roughly proportionate and necessary
for the city to repair and maintain its roadways based upon normal usage by the person
conducting exploration operations acting in the ordinary course of its business;
(8) The name, address and phone number of the person designated to receive notices that
may be provided or set out in this article;
(9) The name of each person with supervisory authority over operations, and an active 24-
hour telephone number that will always be answered by a person (not an answering
machine or message center);
(10) All approvals required by law to be issued by the state railroad commission and/or the
state commission for environmental quality, or their successors;
(11) Solicitor’s Permit from the Coppell Police Department.
(12) Insurance required. In addition, there shall be attached evidence of the existence and
coverage of liability and property insurance in the following amounts:
i.$2,500,000.00 per occurrence for liability for personal injury, personal injury and
general liability; and
ii.$2,500,000.00 per occurrence for property damage.
Sec. 9-26-18. Appeals.
52 TM 59303
A. In addition to the hearing, the City Council shall have and exercise the power to hear
and determine appeals where it is alleged there is error or abuse of discretion regarding the
issuance of an Oil or Gas Well Permit or the revocation or suspension of any Oil or Gas Well
Permit issued hereunder as provided by this Ordinance. Any person or entity whose application
is denied by the Oil and Gas Inspector or whose Oil or Gas Well Permit is suspended or revoked
or whose well or equipment is deemed by the Oil and Gas Inspector to be abandoned may, within
thirty (30) calendar days of the date of the written decision of the Oil and Gas Inspector file an
appeal to the City Council in accordance with the following procedure:
(1) An appeal shall be in writing and shall be filed in triplicate with the City Secretary.
The grounds for appeal must be set forth specifically, and the error described, by the
appellant.
(2) Within forty-five (45) calendar days of receipt of the records, the City Secretary shall
transmit all papers involved in the proceeding, place the matter on the City Council
agenda for hearing and give notice by mail of the time, place and purpose thereof to
appellant and any other party who has requested in writing to be so notified. No other
notice need be given.
Sec. 9-26-19. Penalty.
A. It shall be unlawful and an offense for any person to do the following:
(1)Engage in any activity not permitted by the terms of a Oil or Gas Well Permit issued
under this Ordinance.
(2)Fail to comply with any condition set forth in a Oil or Gas Well Permit issued under
this Ordinance;
(3)Violate any provision or requirement set forth under this Ordinance; or
(4)Bring alcohol, controlled substances or firearms (other than security officers) onto the
drilling site at any time.
B. Any violation of this Ordinance shall be punished by a fine of not more than tow
thousand dollars ($2,000.00) per day, subject to applicable state law. Each day that a violation
exists shall constitute a separate offense.
Sec. 9-26-20. Civil Remedies.
Any person, entity, corporation, partnership or association, owner or occupant that
operates an oil or gas well without a permit or in violation of the conditions or regulations of a
permit shall be declared a public nuisance which may be abated in conformance to Chapter 54 of
the Texas Local Government Code or by other forms of injunctive relief by a court of competent
jurisdiction. Any remedy provided for in this section shall be cumulative of any other remedy
provided in this article or the common law.”
53 TM 59303
SECTION 2.
That this Ordinance shall be cumulative of all other ordinances of the city
of Coppell and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
Ordinance.
SECTION 3.
That all rights or remedies of the City of Coppell, Texas, are expressly
saved as to any and all violations of the City Code, or any amendments thereto that have accrued
at the time of the effective date of this ordinance; and as to such accrued violations, and all
pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective
or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
.
unconstitutional phrase, clause, sentence, paragraph or section
SECTION 5.
That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than two thousand dollars ($2000.00) for each offense. Each day
that a violation exists shall constitute a separate offense.
54 TM 59303
SECTION 6. That the City Secretary of the city of Coppell, Texas is hereby directed to
publish this ordinance for two (2) days in the official newspaper of the city of Coppell, Texas, as
authorized byT.t.A.Local Government Code Subsection 52.013.
SECTION 7. That this ordinance shall take effect immediately from anti after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the C of Co..: Texas his the I .2 day of
,2013
1.-t-%/ik /#4111/A
V, ' N .ELBO HUN ',MAYOR
• T' ., :
.%AY. . Age
r STEL PETTINO ,CITY SECRE ARY
APPRO ' D T FO'o`
ROBERT E.RAGE',#01' ATTORNEY
I
55 TM 59303
•