§ 32-48. Gas well permit required.

(a)

Specific use permit. A gas well permit obtained from the city will be considered as a specific use permit within the meaning of chapter 52, article II, division 2 of this Code. The provisions of this article shall be in addition to the procedures and provisions and requirements of chapter 52, article II, division 2 of this Code. To the extent there is a direct conflict between the provisions or procedures of this article and chapter 52, article II, division 2 of this Code, then the provisions of this article shall prevail and apply in the event of such direct conflict.

(b)

Gas well permit.

(1)

A person wanting to engage in and operate gas production activities shall apply for and obtain a gas well permit as required by this article. It is 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, reworking, fracturing or operation of any such well or to conduct any activity related to the production of gas without first obtaining a gas well permit issued by the city in accordance with this article. Such activities include, but are not limited to, reworking, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing, drilling operation, production gathering or production maintenance, repair, reworking, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well.

(2)

A separate specific use permit shall be required for a compressor station unless the gas well permit issued for the gas well has expressly authorized installation of the compressor station.

(c)

Separate permits required. Operator must apply for and obtain a gas well permit for the drilling, redrilling, deepening, reentering, activating or converting of each well. Each proposed well bore shall require a separate permit and shall not be permitted on a blanket basis.

(d)

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

(e)

New or supplemental permit. A new or supplemental permit shall be obtained before such well may be reworked for purposes of redrilling, deepening or converting such well to a depth or use other than that set forth in the current permit for such well.

(f)

Requirements for notification of drilling related activities. Any person who intends to rework 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, shall give written notice to the inspection services provider no less than three business 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 inspection services provider, 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 inspection services provider determines that an inspection is necessary, the operator will pay the city for the inspection.

(g)

Requirements for fracture stimulation operations. The following requirements shall apply to all fracture stimulation operations performed on a well within 600 feet of an occupied residence:

(1)

At least 72 hours before operations are commenced, the operator shall post a sign at the entrance of the well site advising the public of the date the operations will commence;

(2)

Flowback operations to recover fluids used during fracture stimulation may be performed 24 hours a day during fracture stimulation operations;

(3)

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

(4)

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

(h)

Termination of permit. A gas well permit shall automatically terminate if drilling is not commenced within one year from the date of issuance. A gas well permit may be extended by the city administrator for an additional period of 180 days upon request by the operator and proof that the classification of the requested gas well permit for such location has not changed.

(i)

Other permits required. The gas well permits required by this article 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.

(j)

Floodway. No gas well permit shall be issued for any well to be drilled within any floodway.

(k)

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

(Code 1994, § 4.705; Ord. No. 496, § 1, 8-18-2010; Ord. No. 512, § 2, 3-14-2011)