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HomeMy WebLinkAboutNatural Resources Chapter 102 NATURAL RESOURCES Article I. In General Secs. 102-1-102-30. Reserved. Article II. Geophysical Mineral Exploration and Testing Division 1. Generally Sec. 102-31. Penalties for violations of article. Secs. 102-32-102-50. Reserved. Division 2. Permit Sec. 102-51. Required. Sec. 102-52. Application. Sec. 102-53. Insurance and bond requirements. Sec. 102-54. Duration. Sec. 102-55. Terms. Secs. 102-56-102-75. Reserved. Division 3. Regulations Sec. 102-76. Explosives. Sec. 102-77. Notice of time and place of use of testing methods. Secs. 102-78-102-110. Reserved. Article III. Oil and Gas Division 1. Generally Sec. 102-111. Definitions. Sec. 102-112. Violation of applicable laws or regulations. Sec. 102-113. Penalties for violations of article. Secs. 102-114-102-135. Reserved. Division 2. Administration Sec. 102-136. Appointment of planning director as oil and gas inspector. Secs. 102-137-102-155. Reserved. Division 3. Permit Sec. 102-156. Required. Sec. 102-157. Application and filing fee. Sec. 102-158. Permittee's insurance and bond. - Sec. 102-159. Issuance or refusal. Sec. 102-160. Termination. Supp.No. 11 CD102:1 LA PORTE CODE l Secs. 102-161-102-180. Reserved. Division 4. Drilling and Operating Regulations Sec. 102-181. Well location. Sec. 102-182. Streets and alleys. Sec. 102-183. Deeper drilling. Sec. 102-184. Derrick and rig. Sec. 102-185. Pits. Sec. 102-186. Casing. Sec. 102-187. Setting and cementing casing. Sec. 102-188. Valves and blowout preventers. Sec. 102-189. Drilling fluid. Sec. 102-190. Drill stem tests. Sec. 102-191. Bradenhead. Sec. 102-192. Christmas tree and well head connections. Sec. 102-193. Premises to be kept clean and sanitary. Sec. 102-194. Mufflers required. Sec. 102-195. Storage tanks and separators. Sec. 102-196. Fence. Sec. 102-197. Venting and flaring of gas. Sec. 102-198. Abandonment and plugging. Sec. 102-199. Disposal of salt water. Sec. 102-200. Use of explosives. Secs. 102-201-102-230. Reserved. Article W. Pipeline Transportation Sec. 102-231. Declaration of policy. Sec. 102-232. Definition of terms. Sec. 102-233. Exemption. Sec. 102-234. Permit required. Sec. 102-235. Application for permit Sec. 102-236. City council consideration. Sec. 102-237. Permits. Sec. 102-238. Permit transference. Sec. 102-239. Permit fees. Sec. 102-240. Permit expiration. Sec. 102-241. Construction requirements. Sec. 102-242. Pipeline location. Sec. 102-243. Liability. Sec. 102-244. Insurance and bonding requirements. Sec. 102-245. Pipeline permit updates. Sec. 102-246. Pipeline signs. Sec. 102-247. Penalties. Supp.No. 11 CD102:2 NATURAL RESOURCES § 102-51 ARTICLE I. IN GENERAL Secs. 102-1-102-30. Reserved. ARTICLE II. GEOPHYSICAL MINERAL EXPLORATION AND TESTING* DIVISION 1. GENERALLY Sec. 102-31. Penalties for violations of article. - It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of this article, irrespective of whether or not the verbiage of each subsection of this article contains the specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this article, or any of the provisions of a drilling and operating permit issued pursuant to this article, or any condition of the bond filed by the permittee pursuant to this section,or who shall neglect to comply with the terms of this section, shall be deemed guilty of a misdemeanor and shall,upon conviction, be fined in amounts established by the city and listed in appendix B of this Code.The violation of each separate provision of this section, and of the permit, and of the bond, shall be considered separate offenses. Each day's violation of each separate provision of this article shall be considered a separate offense.In addition to such penalties,it is further provided that the city council at any regular or special session or meeting may,provided ten days'notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this article and under which drilling or producing operations are being conducted if the permittee has violated any provision of the permit,the bond,or this article. If the permit is revoked, the permittee may make application to the city council for a reissuance of such permit, and the action of the city council thereon shall be final. (Ord. No. 1659, § 3, 8-14-89) Secs. 102-32-102-50. Reserved. DIVISION 2. PERMIT Sec. 102-51. Required. No person shall use or discharge in any manner any explosive including,but not limited to, dynamite and nitroglycerin, nor conduct any other method of geophysical mineral testing by the use of vibrating machines, or otherwise within the city, without first having obtained a permit therefor. (Ord. No. 1659, § 1(16-28(1)), 8-14-89) *Cross reference—Businesses, ch. 22. CD102:3 § 102-52 LA PORTE CODE i Sec. 102-52. Application. Application for a permit under this article shall be made with the city secretary. Such application shall contain the name of the applicant, address of the applicant, the geophysical methods of mineral exploration to be used, the purpose therefor, the location and use with a map attached designating the points of use.Such application shall be accompanied by a permit fee in an amount established by the city and listed in appendix A of this Code. On receipt of such application by the city secretary,the application shall be referred to the city manager for a report as to the compliance of such application with the provisions of this article. Such report and the application shall then be submitted to the city council. No permit shall be issued except by the approval of the city council. (Ord. No. 1659-A, § 1(16-28(2)), 1-8-90) _ Sec. 102-53. Insurance and bond requirements. (a) On approval of the permit, but before the issuance of the permit, the applicant shall provide the city secretary with an insurance certificate showing insurance coverage of the applicant for general liability coverage in amounts not less than: (1) Bodily injuries: $1,000,000.00 per person and $3,000,000.00 per accident; and (2) Property damage: $1,000,000.00. (b) Such insurance coverage shall be provided by a good and solvent insurance company authorized to do business in the state. In addition, the applicant shall provide a cash bond in the amount of$5,000.00. Such cash bond shall be for the benefit of the city and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this article. The bond shall become effective on or before the date the bond is filed with the city secretary and remain in force and effect and on deposit for at least a period of six months after the exploration ends. (Ord. No. 1659, § 1(16-28(3)), 8-14-89) Sec. 102-54. Duration. All permits issued under this article shall expire 60 days from the date of its issuance. (Ord. No. 1659, § 1(16-28(4)), 8-14-89) Sec. 102-55. Terms. The terms of the permit shall be as follows: (1) The permittee shall observe a 300-foot distance from any dwelling or water well. (2) The written agreement shall cover any water well damage effective for 90 days after completion of the work. (3) At least one city police officer(off-duty)shall be employed to accompany the work crew while testing on the city rights-of-way,and the permittee shall provide 24 hours'notice to the chief of police. CD 102:4 NATURAL RESOURCES § 102-111 permittee shall obtain written permission from citizens to enter their property. (4) The per (Ord. No. 1659, § 1(16-28(5)), 8-14-89) Secs. 102-56-102-75. Reserved. DIVISION 3. REGULATIONS Sec. 102-76. Explosives. Explosives may be used with the prior and express written consent of the city council. (Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90) - Sec. 102-77. Notice of time and place of use of testing methods. No geophysical method of mineral exploration shall be used under this permit without the permittee having first, on the date of such proposed use, notified the city secretary and city manager of the proposed time and location of the planned use. If the city secretary is not available, notice shall be given to the chief of police,in addition to the city manager, and if he is not available, then to any police personnel of the city. No testing shall be conducted on Sunday, nor between the hours of 8:00 p.m. and 6:00 a.m.local time. Notice shall also be given of the name of the person in charge of the testing for the permittee for the day on which notice is given. In addition, written notice of such testing to the occupants of all dwellings located within 2,000 feet of the test site at least 24 hours prior to the testing. (Ord. No. 1659, § 1(16-30), 8-14-89) Secs. 102-78-102-110. Reserved. ARTICLE III. OIL AND GAS* DIVISION 1. GENERALLY Sec. 102-111. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning. All technical or oil and gas industry words and phrases used in this article and not specifically defined in this section shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry. Actual drilling means when the drilling rig,whose purpose it is to drill the bore hole into the production horizon, first inserts the drill bit into the ground. *Cross reference—Business, ch. 22. State law reference—Oil and gas generally,V.T.C.A.,Natural Resources Code §81.001 et seq. CD102:5 § 102-111 LA PORTE CODE Block means block of land only and shall not be misconstrued to mean drilling block. Lease means any tract of land subject to an oil, gas and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease,and any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the fee royalty ownership is developed and operated as a separate tract. New well permittee means the person to whom is issued a permit for the drilling and operation of a new well under this section, and his or its administrators, executors, heirs, successors and assigns. Old well permittee means the person to whom is issued a-permit for the redrilling, working-over, recompletion and reoperation of an old or existing well under this section, and his or its administrators, executors, heirs, successors and assigns. Permittee means both an old well permittee and a new well permittee. Well means any holes, bores to any sand, any formation, strata or depth for the purpose of producing and recovering any oil or gas, salt water injection, gas injection or enhanced recovery injection project. Well location means the surface location of a well. (Ord. No. 1659, § 1(16-1), 8-14-89) Cross reference—Definitions generally, § 1-2. Sec. 102-112. Violation of applicable laws or regulations. Any violation of the laws of the state or any rules,regulations,or requirements of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, .maintaining, spacing or abandoning an oil or gas well or related appurtenances, equipment, or facilities, or in reference to firewalls, fire protection, blowout protection, safety protection, or convenience of persons or property, shall also be a violation of this article, and shall be punishable in accordance with the provisions of this article. (Ord. No. 1659, § 1(16-27), 8-14-89) Sec. 102-113. Penalties for violations of article. It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of this article, irrespective of whether or not the verbiage of each subsection of this article contains the specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this article, or any of the provisions of a drilling and operating permit issued pursuant hereto, or any condition of the bond filed by the permittee pursuant to this section, or who shall neglect to comply with the terms of this article, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in amounts established by the city and listed in appendix B of this Code. The violation of each separate provision of this section, the permit, and the bond shall be considered a separate offense. Each day's violation of each separate provision of this article shall be I CD102:6 NATURAL RESOURCES § 102-156 considered a separate offense. In addition to such penalties,it is further provided that the city council, at any regular or special session or meeting, may, provided ten days' notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this article and under which drilling or producing operations are being conducted if the permittee has violated any provision of the permit, the bond or this article. If the permit is revoked, the permittee may make application to the city council fora reissuance of such permit, and the action of the city council thereon shall be final. (Ord. No. 1659, § 3, 8-14-89) - Secs. 102-114-102-135. Reserved. DIVISION 2. ADMINISTRATION* Sec. 102-136. Appointment of planning director as oil and gas inspector. The city council hereby appoints the planning director of the city to enforce the provisions of this article. (Ord. No. 1659, § 1(16-9), 8-14-89) Secs. 102-137-102-155. Reserved. DIVISION 3. PERMIT Sec. 102-156. Required. (a) New well permit. It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee or independent contractor for any other person, to commence to drill,or to operate, any new well within the city limits,or to work upon or assist in any way in the development or operation of any such new well,without a new well permit for the drilling and operation of such new well having first been issued by the authority of the city council, in accordance with the terms of this article. (b) Old well permit. It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee or independent contractor for any other person, to commence to deepen,to repair or to recomplete any well,old or existing,within the city limits or to work upon or assist in any way in the development or operation of any such well,without an old well permit having first been issued by the proper authority of the city council in accordance with the terms of this article. (Code 1970, § 16-12; Ord. No. 1659, § 1(16-2), 8-14-89) *Cross reference—Administration, ch. 2. CD102:7 § 102-157 LA PORTE CODE Sec. 102-157. Application and filing fee. Every application for a permit to drill and operate a well shall be in writing, signed by the applicant, and duly filed with the city secretary, accompanied by a permit fee in an amount established by the city and listed in appendix A of this Code. The application shall be for a single well and shall include full information including the following: (1) The date of the application. (2) Name and address of the applicant. (3) Proposed site of the well, including: a. Name of the fee owner. b. Name of the lease owner. C. Legal description of the lease. d. Map showing location of the well on the lease. (4) Type of drilling rig to be used. (5) The proposed depth of the well. (6) A statement that it is understood and agreed that for any legal action or undertaking, venue for all suits shall lie in the county under any provision of this article. (Code 1970, § 16-13; Ord. No. 1659, § 1(16-5), 8-14-89) Sec. 102-158. Permittee's insurance and bond. _ If a permit is issued by the city council under the terms of this article for the drilling and operation of a well, no actual drilling operations or site preparation work shall be commenced until the permittee shall file with the city secretary a bond and a certificate of insurance, as follows: (1) The bond shall be a cash bond in the principal sum of such number of dollars as has been determined by the city council,but not to be less than$5,000.00. Such cash bond shall be for the benefit of the city and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this article in the drilling and operation of the well. Such bond shall become effective on or before the date the same is filed with the city secretary and remain in force and effect and on deposit for at least a period of six months subsequent to the expiration of the term of the permit issued, and in addition the bond will be conditioned that the permittee will promptly pay off fines, penalties and other assessments imposed upon the permittee by reason of his breach of any of the terms, provisions and conditions of this article, and that the permittee will promptly restore the streets and sidewalks and other public property of the city, which may be disturbed or damaged in the operations, to their former condition.The permittee will promptly clear all premises of all litter,trash,waste and other substances used, allowed or occurring in the drilling or producing operations, and will, after abandonment, grade, level and restore such property to the same surface condition, as nearly as possible, as existed when operations for the drilling of i CD102:8 NATURAL RESOURCES § 102-159 4bolv the wells were first commenced. The permittee will indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of such permit,including the payment of any expenses incurred by the city for any legal action which may be filed by either party hereto by reason of seeking or recovery of damages to the city. If at any time,the city council shall deem any permittee's bond to be insufficient for any reason,it may require the permittee to make an additional cash bond.If after completion of a well,the permittee has complied with all of the provisions of this article, such as removing the derrick, clearing the premises,etc.,he may apply to the city council to have the cash bond reduced to a sum of not less than $1,000.00 for the remainder of the time the well produces without reworking, and be given a refund of the amount of reduction. During reworking operations, the amount of the bond shall be increased to the original amount. (2) In addition to the bond required in subsection (1) of this section, the permittee shall carry a policy of standard comprehensive public liability insurance,including contrac- tual liability covering bodily injuries and property damage, naming the permittee and the city, issued by an insurance company authorized to do business within the state, such policy in the aggregate shall provide for the following minimum coverages: a. Bodily injuries: $1,000,000.00, one person and $3,000,000.00, one accident; and b. Property damage: $1,000,000.00. (3) The permittee shall file with the city secretary certificates of such insurance coverage 46000, as stated in subsection(2)of this section,and shall obtain the written approval thereof by the city secretary,who shall act thereon within ten days from the date of such filing. Such insurance policy shall not be cancelled without written notice to the city secretary at least ten days prior to the effective date of such cancellation.If the insurance policy is cancelled, the permit granted shall terminate, and the permittee's rights to operate under the permit shall cease until the permittee files additional insurance as provided in this section. (Code 1970, § 16-14; Ord. No. 1659, § 1(16-8), 8-14-89) Sec. 102-159. Issuance or refusal. (a) The city council,within 30 days after the filing of the application for a permit to drill and operate a well,shall determine whether or not the application complies in all respects with the provisions of this article, and if it does, the city council shall then fix the amount of the principal of the bond and insurance provided for in section 102-158, and after such determi- nation shall issue a permit for the drilling and operation of the well applied for. Each permit issued under this article shall: (1) By reference have incorporated therein all the provisions of this article with the same force and effect as if this article were copied verbatim in the permit. (2) Specify the well location with particularity to lot number, block number and correct legal description. CD102:9 § 102-159 LA PORTE CODE / f (3) Contain and specify that the term of such permit shall be for a period of 180 days from the date of the permit and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than 90 days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commences additional reworking operations within 90 days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced from such well. (4) Contain and specify such conditions as are authorized by this article. (5) Contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so determined by the city council and conditioned as specified in section 102-158. (b) Such permit, in duplicate originals, shall be signed by the city manager, and prior to delivery to the permittee shall be signed by the permittee(with one original to be retained by the city and one by the permittee).When so signed,the permit shall constitute the permittee's drilling and operating license and the contractual obligation of the permittee to comply with the terms of such permit, such bond and this article. (c) If the permit for the well is refused, or if the applicant notifies the city in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant is not approved and the applicant notifies the city in writing that he wishes to withdraw his application, then, upon the happening of such events, the cash _ deposit provided for to be filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the city a processing fee in an amount established by the city and listed in appendix A of this Code. (Code 1970, § 16-17; Ord. No. 1659, § 1(16-6), 8-14-89) Sec. 102-160. Termination. The permit shall terminate without any action on the part of the city unless actual drilling of the well shall have commenced within 180 days from the date of issuance.The cessation for a like period of the drilling operations,or the cessation of the production of oil or gas from the well after production shall have commenced, shall cancel the permit, and the well shall be considered as abandoned for all purposes of this article. It shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit. (Code 1970, § 16-21; Ord. No. 1659, § 1(16-7), 8-14-89) Secs. 102-161-102-180. Reserved. DIVISION 4. DRILLING AND OPERATING REGULATIONS Sec. 102-181. Well location. (a) Subdivisions. No drilling for gas and oil wells in recorded subdivisions shall be allowed. This subsection shall apply only to acreage which has been subdivided into home sites the size of which are one acre or less and the plat has been filed for record in the office of the county clerk. CD102:10 NATURAL RESOURCES § 102-184 (b) Residences; commercial buildings; schools; city-owned buildings; water wells. No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is nearer than 750 feet of any residence or commercial building without the applicant having first secured the written permission of the owner. No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is nearer than 750 feet of any school campus within the La Porte Independent School District. No drilling and no permit shall be issued to any well nearer than 750 feet to city-owned buildings or water wells without written permission from the city. (Ord. No. 1659, § 1(16-4), 8-14-89) Sec. 102-182. Streets and alleys. No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is within any of the streets or alleys of the city. No street or alley shall be blocked or encumbered or closed in any drilling or production operation except by special permit by order of the city council, and then only temporarily. (Code 1970, § 16-1; Ord. No. 1659, § 1(16-3), 8-14-89) Sec. 102-183. Deeper drilling. If the city is satisfied that the well may be deepened with the same degree of safety as existed with the original well,a permit may be issued,in an amount established by the city and listed in appendix A of this Code,to the permittee, authorizing the deepening and operation of the well to such specified depth as applied for. In any deeper drilling or any deeper completion or any deeper production operations, the permittee shall comply with all other provisions contained in this article and applicable to the drilling, completion and operation of a well. (Ord. No. 1659, § 1(16-10), 8-14-89) Sec. 102-184. Derrick and rig. (a) It shall be unlawful and an offense for any person to use or operate in connection with the drilling or reworking of any well within the city limits,any wooden derrick,and all engines shall be equipped with adequate mufflers approved by the city council;or to permit any drilling rig or derrick to remain on the premises or drilling site for a period longer than 60 days after completion or abandonment of the well.At all times from the start of erection of a derrick,mast or gin-pole, until the well is abandoned and plugged or completed as a producer and enclosed with a fence as provided in this division, the permittee shall keep a watchman on duty on the premises at all times; provided, however, that it shall not be necessary to keep an extra watchman on duty on the premises when other workers of the permittee are on the premises. (b) No electric lighting generator shall be placed or remain nearer than 150 feet to any producing well or oil tank. CD 102:11 § 102-184 LA PORTE CODE (c) Any rubbish or debris which may constitute a fire hazard shall be removed to a distance of at least 100 feet from the vicinity of the wells, tanks and pump stations.All waste shall be disposed of in such manner as to avoid creating a fire hazard or polluting fresh water streams or underground strata. All waste disposal plans shall be approved by the planning director. (d) No open flame or arc welding shall be allowed inside the derrick substructure of a well prior to installation of the well head. (e) All temporary oil and gas flow lines laid upon or across a public road or highway must be buried to the depth required by permits issued under section 102-262. (f) An electric powered rig shall be utilized when available. (Ord. No. 1659, § 1(16-11), 8-14-89) Sec. 102-185. Pits. Either earthen or steel slush pits shall be permitted in connection with the drilling operation.If a steel pit is used,the pit and its contents shall be removed from the premises and the drilling site within 60 days after completion of the well.If an earthen slush pit is used, the slush pit shall be filled and leveled within 60 days after completion of the well.All drilling mud must be removed from the earthen pit prior to backfilling. (Ord. No. 1659, § 1(16-12), 8-14-89) Sec. 102-186. Casing. All casing,including surface protection and production strings, shall be new seamless steel, or equivalent quality oil well casing. Each joint and length of each particular casing string shall have,prior to setting,unconditionally passed a hydraulic test to ensure physical integrity at design working pressure. (Ord. No.. 1659, § 1(16-13), 8-14-89) Sec. 102-187. Setting and cementing casing. No well shall be drilled within the city limits without properly setting surface casing to a depth as approved by the state department of water resources. The surface casing must be driven or cemented by the pump and plug method.All other casing strings must be cemented by the pump and plug method with sufficient cement to completely fill all of annular space behind the casing string to the surface. No well shall be drilled within the city limits without properly setting surface casing a depth sufficient to protect producing fresh water sands. (Ord. No. 1659, § 1(16-14), 8-14-89) Sec. 102-188. Valves and blowout preventers. No well shall be drilled within the city limits without equipping the intermediate protective casing with at least one master valve and one fluid-operated ram type blowout preventer with mechanical operating backup; and without properly equipping the production casing during completion operations and workover operations with at least one master valve and at least one i CD102:12 NATURAL RESOURCES § 102-192 fluid-operated ram type blowout preventer. Each blowout preventer shall test 5,000 pounds, and its mechanical operation shall be tested daily. All control equipment shall be in good working condition and order at all times. (Ord. No. 1659, § 1(16-15), 8-14-89) Sec. 102-189. Drilling fluid. No well shall be drilled within the city limits without using mud as the drilling fluid after the setting of surface casing as provided in section 102-187. The weight of the mud laden drilling fluid shall be at all times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per square inch in excess of the formation encountered by the well. In reworking a well, a drilling fluid shall be at all times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per square inch in excess of the pressure, of the formation penetrated by the well and open for production. (Ord. No. 1659, § 1(16-16), 8-14-89) Sec. 102-190. Drill stem tests. It shall be unlawful and an offense for any person in connection with the drilling or reworking operations of any well within the city limits to take and to complete any drill stem test except during daylight hours,and then only if the well effluent during the test is produced through an adequate oil and 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. (Ord. No. 1659, § 1(16-17), 8-14-89) Sec. 102-191. Bradenhead. Each well drilled within the city limits shall be equipped with a bradenhead with a working pressure of not less than 3,000 pounds per square inch. Bradenheads shall be cast iron steel premanufactured and welded to the well casing. The bradenhead installed on the surface casing shall be set above the ground level and shall be equipped with fittings having a working pressure rating of not less than 3,000 pounds per square inch.The bradenhead pressure shall be checked at least once each calendar month, and, if pressure is found to exist, proper remedial measures shall be taken immediately to eliminate the source and the existence of the pressure. (Ord. No. 1659, § 1(16-18), 8-14-89) Sec. 102-192. Christmas tree and well head connections. The Christmas tree and all well head connections on each well drilled within the city limits shall have at least a minimum working pressure of 3,000 pounds per square inch, and on all wells completed below a depth of 7,000 feet, the Christmas tree and well head connections shall have at least a minimum working pressure of 3,000 pounds per square inch and a minimum test pressure of at least 5,000 pounds per square inch. All piping and fittings connecting the well head to an oil and gas separator shall have at least the same working CD 102:13 § 102-192 LA PORTE CODE pressure as specified for Christmas tree and well head connections in this section. All wells shall be equipped with an automatic closing safety valve located adjacent to the wing valve in addition to the regular control valves. (Ord. No. 1659, § 1(16-19), 8-14-89) Sec. 102-193. Premises to be kept clean and sanitary. The premises shall be kept in a clean and sanitary condition, free from rubbish of every character, to the satisfaction of the city at all times drilling operations or reworking are being conducted, and as long thereafter as oil and/or gas is being produced therefrom. Any spill, oil or salt water must be reported immediately to the city and cleanup commenced promptly. (Ord. No. 1659, § 1(16-20), 8-14-89) Sec. 102-194. Mufflers required. Motive power for all operations after completion of drilling operations shall be electricity or properly muffled gas,gasoline, or diesel engines. Such mufflers are to be approved by the chief building official prior to their use. (Ord. No. 1659, § 1(16-21), 8-14-89) Sec. 102-195. Storage tanks and separators. It shall be unlawful and an offense for any person to use,construct or operate in connection with any producing well within the city limits, any crude oil well storage tanks except to the extent of two steel tanks for oil storage, not exceeding 500 barrels capacity each and so constructed and maintained as to be vaportight, with pressure release valves set below tank design pressure, and each surrounded with an earthen firewall at such distance from the tank as will, under any circumstances,hold and retain at least 1'12 times the maximum capacity of such tank.A permittee shall operate a conventional steel separator,and such other steel tanks and appurtenances as are necessary for separating oil and gas with each of such facilities to be so constructed and maintained as to be vaportight. Each oil and gas separator shall be equipped with both a regulation pressure relief safety valve and a bursting head. (Ord. No. 1659, § 1(16-22), 8-14-89) Sec. 102-196. Fence. Any person who completes any well as a producer shall have the obligation to enclose the well, together with its surface facilities and storage tanks, by a substantial smooth net wire fence sufficiently high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates thereto to be kept locked when the permittee or his employees are not within the enclosure. It is provided, however, that in noncongested areas the city, at its discretion, may waive the requirement of any fence, or may designate the type of fence to be erected. (Ord. No. 1659, § 1(16-23), 8-14-89) CD102:14 NATURAL RESOURCES § 102-231 Sec. 102-197. Venting and flaring of gas. No person engaged in drilling or operating any well shall permit gas to escape or be vented into the air unless the gas is flared and burned as permitted by the state railroad commission. (Ord. No. 1659, § 1(16-24), 8-14-89) Sec. 102-198. Abandonment and plugging. Whenever any well is abandoned it shall be the obligation of the permittee and the operator of the well to plug the well in accordance with regulations of the state railroad commission.No surface or conductor string of casing may be pulled or removed from a well. During initial abandonment operations it will be the obligation of the permittee or the operator of the well to flood the well with mud-laden fluid weighing not less than ten pounds per gallon or sufficient mud weight to yield a hydrostatic pressure 500 pounds above the maximum formation pressure encountered by the well. The well will be kept filled to the top with the mud-laden fluid at all times, and the mud-laden fluid of the above specifications will be left in the well bore below and between cement plugs. (Ord. No. 1659, § 1(16-25), 8-14-89) Sec. 102-199. Disposal of salt water. The permittee shall make adequate provisions for the disposal of all salt water or other impurities which he may bring to the surface, and disposal to be made in such manner as to not contaminate the underground water strata or to injure surface vegetation. The disposal process shall be approved by the city,prior to disposal for the protection of public health,safety and well-being. (Ord. No. 1659, § 1(16-26), 8-14-89) Sec. 102-200. Use of explosives. Explosives may be used with the prior express written consent of the city council. (Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90) Secs. 102-201-102-230. Reserved. ARTICLE IV. PIPELINE TRANSPORTATION* Sec. 102-231. Declaration of policy. The city council declares that the policy of the city in the manner of granting to any person the privilege to construct, operate and maintain any pipe or pipeline within the jurisdiction of *Editor's note—Ordinance No.2004-2755, § 1, adopted July 12,2004,repealed the former Art. IV, §§ 102-231-102-237, 102-261-102-265, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 915, § 1(18-A-1)-418-A-12), 3-6-72. Cross reference—Businesses, ch. 22. - State law reference—Transportation of gas and gas pipeline facilities, safety standards, L00111 preemption, Vernon's Ann. Civ. St. art. 6053-1. Supp.No. 11 CD102:15 § 102-231 LA PORTE CODE the city for the purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall be stated in this article. The provision of this article shall be administered by the director of planning or his designee. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-232. Definition of terms. All terms used herein shall be taken in their ordinary signification except the following: City shall mean the City of La Porte now incorporated and as hereafter expanded by annexation or consolidation. Commodity shall mean any liquid or gaseous substance or other product capable of being transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to human, animal or plant health and/or life. Director shall mean the director of planning or his designee. Operational boundary shall mean the prime property and location of the offices and operational facilities of a person within the city. The term is not intended to extend to rights-of-way, easements, licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart from such primary property, offices and operational facilities. Permittee shall mean the person to whom a permit is issued under the provisions of this ordinance. Person shall mean an individual, corporation, partnership, association or any other entity, however organized. Pipeline shall mean any pipeline or part thereof, including pipe, valves and any appurte- nances thereto,which is used for the transportation of a commodity into,across,under or over the city. "Pipeline" shall include any pipe, valve, appurtenance or portion of any pipeline crossing the operational boundary of any industry operating, in whole or part, in the city. "Pipeline"shall not include any pipeline,pipe,valve or appurtenance when located entirely on, within or under a person's operational boundary. Relocation shall mean the horizontal or vertical movement of a pipeline. Reposition shall mean the movement of a pipeline when such movement is necessary for the public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. (Ord. No. 2004-2755, § 1, 7-12-04) Cross reference—Definitions generally, § 1-2. Supp.No. 11 CD102:16 NATURAL RESOURCES § 102-235 Sec. 102-233. Exemption. This article shall not extend to: (1) Any person now or hereafter providing natural gas service for residential and business use only within the city pursuant to a franchise from the city as a gas distribution utility; (2) Raw or potable water pipelines, valves and appurtenances; or (3) City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and appurtenances, except industrial wastes transported by pipeline to treat- ment facilities outside the corporate city limits. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-234. Permit required. No person shall commence the construction,relocation or reposition of a pipeline within the city without a permit being obtained from the city for such pipeline under the terms of this chapter. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-235. Application for permit A person desiring a permit shall submit a written application to the director and concurrently therewith shall pay a non-refundable fee to the city. The application form,which can be obtained from the director, shall be submitted to the director, in duplicate, with the following information contained thereon: (1) The name,business address and telephone number of the pipeline owner and operator; (2) The names, titles and telephone numbers of the following persons: a. The person submitting the information; b. The principal contact for submittal of information; and C. The 24-hour emergency contact (and an alternate 24-hour contact), who 1. Can initiate appropriate actions to respond to a pipeline emergency; 2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and 3. Can furnish the common name of the material then being carried by the pipeline. (3) The origin point and destination of the pipeline being constructed,adjusted,relocated, replaced, repositioned or repaired. (4) A description of the commodity(s)to be transported through the pipeline.A copy of the material safety data sheets for the commodity(s) shall be included with the submittal if the owner or operator is required by federal or state law to have material safety data sheets available; Supp.No. 11 CD 102:17 § 102-235 LA PORTE CODE (5) The maximum allowable operating pressure on the pipeline as determined according to the U.S. Department of Transportation and State Railroad Commission procedures or the maximum design strength for unregulated pipelines, if applicable; (6) The normal operating pressure range of the pipeline; (7) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline, if applicable; (8) Engineering plans, drawings, maps with summarized specifications showing the horizontal pipeline location,the pipeline covering depths and location of shutoff valves within the corporate limits and ETJ of the city. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves.To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet; (9) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following: a. Detailed cross section/profile drawings for all public way crossings if requested by the Director; b. A plan accurately showing the location, course and alignment of the proposed pipeline,including valve locations(existing and proposed),and all public ways in which the proposed pipeline shall be laid, provided that the degree of accuracy shall not be required to exceed the accuracy which can be practicably achieved by using United States Geological Survey (USGS) maps. (10) A statement that the pipeline will comply with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations; and (11) A statement that the permittee shall,at any time in the future,where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued,reposition such pipeline(which shall include lowering or raising the pipeline, as well as casing it, if required) at the permittee's sole expense, when the city reasonably requires such action incidental to public construction or public improve- ment: Construction, maintenance and improvement of streets, water lines, sanitary sewer lines,storm sewers,ditches and public utilities.The city shall give the permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning. (12) A statement that the permittee shall notify the director at least 48 hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled Supp.No. 11 CD102:18 NATURAL RESOURCES § 102-237 kw- emergency repairs or maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the city police department dispatcher as soon as practical but no later than one hour after commencing repairs or maintenance. The director expressly reserves the right to require the submission of additional information if the director reasonably deems the information necessary to meet the requirements of this article. Such supplemental information shall be submitted by the permittee to the director within ten days, excluding weekends and city holidays, of the permittee's receipt of the director's written request.While awaiting the requested information,the period in which the city must process the application shall be suspended. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-236. City council consideration. (a) Within 60 days from the date on which the official application is received at the official address for the director,the director shall advise the applicant whether,based on the director's professional judgment,the contemplated construction,relocation,replacement or reposition is in compliance with this article.If the director does not deem the contemplated construction to be in compliance with this article, the director shall notify the applicant, in writing, of any deficiencies found. (b) After the notice described in subsection (a)of this section is given to the applicant, the director,based upon the assessment of the director and other city personnel,shall report to the city council upon his examination of such application and plans,including such changes in the plans as the applicant may have made upon his suggestion,with his recommendation as to the granting or denying of the permit application,based upon compliance or noncompliance with this article,at the next regularly scheduled city council meeting for which adequate notice may be given. The director shall in such report and recommendation state whether the proposed course or alignment of the pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas,location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches and public utilities incident to such probable future development. (c) After the report and recommendation is made to the city council, the city council shall consider approval or denial of the permit. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-237. Permits. Upon approval, permits shall be executed in duplicate originals by the director. One duplicate original shall be delivered to the permittee and the other shall be retained by the city. A copy of the permit shall be conspicuously displayed at each point where the pipeline construction,relocation or repositioning intersects any public street,right-of-way,easement or public property within the corporate limits of the city. $4 (Ord. No. 2004-2755, § 1, 7-12-04) Supp.No. it CD102:19 § 102-238 LA PORTE CODE Sec. 102-238. Permit transference. Permits may be transferred after prior written notice to the director, on a form provided by the director, which notice shall set forth the full name and address of the transferee, the full name and address of the transferee's registered agent or owner (if an unincorporated entity) and an agreement that the transferee shall be bound by all provisions of the application and permit as originally acted upon and granted by the city. The transfer application shall be signed by an authorized officer, owner or representative of both the transferor and transferee and shall be accompanied by a non-refundable transfer fee. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-239. Permit fees. (a) Every permit requested under the terms and conditions of this article, with the exception of those permits necessitated due to a repositioning of a pipeline at the request or required by the city or another governmental entity, shall provide for the payment by the applicant to the city of a non-refundable application fee of$1,000.00 per pipeline. (b) Every permit granted under the terms and conditions of this article shall provide for the payment of an annual fee thereafter in the amount of$800.00 per pipeline per year, payable annually in advance on or before July 1 of each year. (c) Every permit transfer shall be accompanied by a non-refundable transfer fee of$300.00. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-240. Permit expiration. (a) If construction, relocation or reposition of the pipeline does not commence within one year from the date of the permit,the permit shall be void unless the permittee makes written application for an extension. The city council may grant an extension for one additional year only. (b) Pipelines abandoned after the date of this article shall have their permit voided and shall not thereafter be subject to the terms of this article except as follows: (1) The owner or operator shall report to the director, in writing, the abandonment of a pipeline that has been permitted in accordance with this article. (2) All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of gas,hazardous liquids and chemicals and shall be capped or sealed at each end within the city limits. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-241. Construction requirements. All pipelines shall be constructed in accordance with the following guidelines: (1) All pipelines shall be constructed in accordance with the latest applicable minimum standards,if applicable, established by the United States Department of Transporta- tion,Texas Railroad Commission, or any other entity having regulatory authority over pipeline safety and construction matters. Supp.No. 11 CD102:20 NATURAL RESOURCES § 102-242 (2) All pipelines shall be buried to specified depths, as follows: a. Pipelines which run under or within 20 feet of any street or streets and/or any proposed street which has been designated on the master plan for the city or the official city map of the city,shall be buried to a depth of at least six feet measured between the top of the pipeline and the natural surface of the ground. b. Pipelines which run under any ditch and/or drainage area or structure shall be buried to a depth of at least five feet measured between the top of the pipeline and the ultimate channel or structure depth.Permittee is responsible for determining the ultimate depths from the appropriate agency and reporting said information with permit application. C. Pipelines for areas not mentioned in a.or b. above shall be buried to a minimum depth of four feet measured between the top of the pipeline and the natural surface of the ground. Provided further, if at any particular point or points the director determines that a greater or lesser depth be required, such permit shall not be granted except upon agreement by the permittee to comply with such depth requirement. (3) All pipelines shall cross public streets, public properties and public rights-of-way as closely as possible to a right (900) angle. (4) All public streets,roads and ways in existence at the time of construction of a pipeline shall be bored under and shall not be cut for the purpose of constructing,relocating or repositioning a pipeline. (5) All pipeline related excavations in any public right-of-way shall be backfilled in a manner satisfactory to the city; and if after once refilling such excavation the earth within the excavated area settles so as to leave a depression, the permittee shall be required to make further necessary fills as ordered by the city.All areas shall be graded and maintained so as to provide drainage of the area. (6) The permittee shall be required to repair all portions of any street across or along and under which pipelines are laid and place the same in as good a state of repair and condition as they were at the time the construction,repair or removal was commenced, such repairs to be to the satisfaction of the city. (7) Upon completion of the pipeline, the permittee shall provide the director with three as-built(or record)drawings of the pipeline, showing the route, distances and shut-off valve locations. These drawings shall be submitted in digital format acceptable to the city. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-242. Pipeline location. (a) Where feasible, a new pipeline shall be located within existing pipeline corridors. The feasibility of locating new pipelines in established corridors in the city shall be considered from the perspective of the pipeline owner or operator, taking into consideration the following: (1) The availability and cost of corridor space; Supp.No. 11 CD102:21 § 102-242 LA PORTE CODE (2) The availability and cost of right-of-way to and from the corridor; (3) Technical, environmental, safety, efficiency and cost issues related to building, oper- ating and maintaining both the portion of the pipeline that would be located in the corridor and the lengths of pipeline required to gain access to and from routing through a corridor; (4) Any delays in right-of-way acquisition or pipeline construction that may result from routing through a corridor; (5) The availability of an alternative right-of-way to the owner or operator; and (6) All other matters that a prudent pipeline owner or operator would consider in selecting the route for a new pipeline. Provided that the owner or operator has considered in good faith the use of existing corridors within the city, the determination of the owner or operator as to the feasibility shall be determinative, unless there is clear and convincing evidence that contradicts the conclusion of the owner or operator. (b) When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should, to the extent practical: (1) Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land (" between public ways, except if following: a. Manmade or topographical features is in the public interest; b. Boundary lines or existing easements is impractical under the circumstances; C. Boundary lines or existing easements poses safety concerns; or d. Boundary lines or existing easements would not be feasible. (2) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and areas of historical or cultural significance, unless appropriate mitigation measures are undertaken to the satisfaction of the director; and (3) Avoid conflict with existing or planned urban developments as well as the location of Planned future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and ditches incident to such future development. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-243. Liability. A condition of granting any permit shall require the permittee to save the city harmless from liability for injury or damage to any person or person's property caused by the construction, relocation, repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any public right-of-way or easement; and shall require the permittee to pay to the city all damages caused to the city by construction relocation, repositioning, maintenance, operation, repair or removal of such pipeline or any part thereof. Supp. No. 11 CD 102:22 NATURAL RESOURCES § 102-245 (1) Except in an emergency, the permittee shall notify the director 48 hours before commencing at any time excavation in any portion of any said unpaved or unimproved street,and not wholly close any street,but shall at all times maintain a route of travel along and within such roadway area,to the extent such travel was allowed prior to the excavation. (2) In the event of an emergency, it being evident that immediate action is necessary for the protection of the public and to minimize property damage and loss of investment, permittee may, at its own responsibility and risk make necessary emergency repairs, notifying the city police dispatch of this action as soon as practical,but not later than one hour after commencing repairs or maintenance. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-244. Insurance and bonding requirements. (a) Under this article, a permittee must furnish, prior to any construction, repair, adjustment, relocation, reposition or replacement, and shall further maintain at all times during the life of the permit, commercial general liability insurance for bodily injury and property damage, including explosion, collapse and underground hazard, coverage in the minimum combined single limit amount of$1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee in the public way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as additional insureds. certificate of insurance specifying the coverage required in subsection (b) of this (b) A ce section with an insurance company having acceptable insurance rating shall be furnished to the director prior to the issuance of any permit. Such certificates of insurance shall provide that at least 30 days prior written notice for the termination or modification of the required insurance shall be given to the city. (c) In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which demonstrates the applicant's qualifications as a self-insurer. Such evidence may take the form of the most recent corporate financial report which is acceptable to the city council as giving assurance of the applicant's financial ability to comply with the requirements of this section. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-245. Pipeline permit updates. It shall be the responsibility of the permittee to provide,in writing,updated information on the following aspects of each permit: (1) Name and mailing address of the pipeline owner. (2) Name and telephone number of two officers or persons available on a 24-hour basis who can furnish or obtain immediately,information as to the pressure at the point or points of input nearest to the city and the common name of the commodity carried by the pipeline. Supp.No. 11 CD102:23 § 102-245 LA PORTE CODE (3) A description of the commodity(s)being transported through the pipeline.A copy of the material safety data sheets for the commodity(s) shall be included with the update if the owner or operator is required by federal or state law to have material safety data sheets available. This information will be provided with the annual update or upon transference or any change in ownership. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-246. Pipeline signs. Every pipeline,new or existing,within the corporate limits of the city shall bear at all times, in plain,indelible lettering,signs denoting the ownership of said pipeline,permanently affixed in the pipeline right-of-way where said pipeline rights-of-way cross public streets, public properties or public rights-of-way. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-247. Penalties. Any violation of any section, subsection or part of this article shall be deemed a misdemeanor and such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor; and upon final conviction, every person,firm, association, corporation or partnership guilty of such violation shall be fined in a sum not more than 1` $2,000.00 per each day of violation. (Ord. No. 2004-2755, § 1, 7-12-04) Supp.No. 11 CD102:24 Chapters 103-105 RESERVED %boo, } CD103:1