§ 35.22.2. Standards for Gas Well Drilling and Production.
The drilling and production of gas wells within the City limits shall be subject to the following standards.
A.
Prohibited or Restricted Locations, Uses and Activities.
1.
No gas well Drilling and Production Sites shall be allowed on slopes greater than ten (10) percent.
2.
No Drilling and Production Site shall be located within any of the streets or alleys of the City or streets or alleys shown by the current Comprehensive Plan of the City of Denton. No street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the City Manager, and then only temporarily.
3.
Nothing in this Section is intended to prevent an Operator from drilling directionally to reach a target or bottom hole that is located beneath a prohibited or restricted site. Gas wells may have a target location or bottom-hole location that is under the floodway, an ESA or within one thousand two hundred (1,200) feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville when the gas well is drilled directionally from a location outside such areas.
4.
No refining process, or any process for the extraction of products from gas, shall be carried on at a Drilling and Production Site, except that a dehydrator and separator, in accordance with federal and/or state law, may be maintained on a Drilling and Production Site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one (1) well. Gas Processing Facilities shall require a Specific Use Permit.
5.
No person shall place, deposit, or discharge (or cause or allow to be placed, deposited, or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt, tar, hydrocarbon substance, or any refuse, including wastewater or brine, from any gas operation or the contents of any container used in connection with any gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the City of Denton.
6.
No Operator shall excavate or construct any lines for the conveyance of fuel, water, or minerals on, under, or through the streets or alleys or other land of 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 Subchapter, with other ordinances of the City, and with the specifications established by the Engineering Department.
7.
The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other materials is prohibited. Construction activities or deposition of any materials or objects creating an obstruction within public rights-of-way or easements are prohibited unless the Operator has first obtained written approval from the Engineering Department and, if applicable, has filed a right-of-way use agreement, and then only if in compliance with specifications established by the Department.
B.
Site Layout, Design and Compatibility Requirements. The following requirements apply only within City limits.
1.
Entrance Gate. An entrance gate to the Drilling and Production Site shall be required and a sign identifying the entrance to the Drilling and Production Site or operation site shall be light reflective.
2.
Fencing, Screening and Landscaping.
a.
Fencing, buffering, landscaping and screening shall be required on Drilling and Production Sites. All required fencing, landscaping, buffering and screening must be installed in accordance with the approved Landscape Plan within one-hundred and eighty (180) days after initial drilling of the first approved well. Landscaping and screening shall also be required for Compressors. Landscaping and screening shall comply with the same requirements for Drilling and Production Sites as set forth in this Subchapter and in the DDC. Should the Operator decide to fence in gathering and transmission lines or compressor stations, or both, Operator shall install the fencing in accordance with Subchapter 13 of the DDC.
b.
All Drilling and Production Sites in Residential Districts shall be screened with an opaque decorative masonry fence that shall be no less than eight (8) feet in height.
(i)
In lieu of this requirement, an alternative fence that is compatible with the area surrounding the Drilling and Production Site may be approved by the Director of Planning and Development.
(ii)
Required fencing must be located within three hundred (300) feet of all equipment necessitating fencing requirements under this Subchapter.
c.
Fencing in all other districts shall be screened with a fence at least eight (8) feet in height that is compatible with the area surrounding the Drilling and Production Site. Required fencing must be located within three hundred (300) feet of all equipment necessitating fencing requirements under this Subchapter.
3.
Signage.
a.
A sign shall be immediately and prominently displayed on each side of the fence that surrounds the Drilling and Production Site. Such sign shall be made of durable material and shall be maintained in good condition. The sign shall have a surface area of not less than 2½ by 2½ feet or more than 4 by 4 feet and shall be lettered in minimum 4-inch lettering and shall include the following information:
"THIS IS A GAS WELL DRILLING AND PRODUCTION SITE. THIS SITE MAY BE THE SUBJECT OF FURTHER DRILLING AND PRODUCTION AND/OR HYDRAULIC FRACTURING."
b.
Additional signs shall be posted on each Drilling and Production Site which contain the following information:
i.
The Well Identification Number(s), American Petroleum Institute well number(s) and any other well designation(s) required by the RRC;
ii.
Name of Operator;
iii.
Operator's telephone number which will be answered 24 hours a day by a live, in-person, non-automated response system so as to ensure that in cases of emergency the Operator is made immediately aware;
iv.
Operator's business mailing address;
v.
Address of Drilling and Production Site;
vi.
The number for emergency services (911);
vii.
The telephone number of the City's Gas Well Division for citizens to call with questions, concerns or complaints;
viii.
The telephone number of the TCEQ's Regional Office where air quality complaints may be reported; and
ix.
Any additional information required by RRC.
c.
A permanent weatherproof sign shall be posted on each Drilling and Production Site reading "DANGER NO SMOKING ALLOWED," in both English and Spanish, at the entrance of each Drilling and Production Site or in any other location approved or designated by the Fire Marshal. Sign lettering shall be four inches in height and shall be red on white background or white on red background. Each sign shall include the emergency notification numbers of the City Fire Department and the Operator, well and lease designations required by the RRC.
4.
Painting. All installed, mounted, and/or permanent equipment on Drilling and Production Sites shall be coated, painted, and maintained at all times, including the wellhead, gas processing units, pumping units, storage tanks, above-ground pipeline appurtenances, buildings, and structures, in accordance with applicable guidelines adopted by The Society for Protective Coatings (SSPC). In addition, the following standards are applicable:
a.
Protective coatings and paints shall comply with any applicable State or City requirements. In absence of any such requirement, protective coatings and paints shall be of a neutral color that is compatible with the surrounding environment.
b.
All exposed surfaces of the identified equipment must be coated and painted, and free from rust, blisters, stains, or other defects.
5.
Electric Lines. All electric lines to permanent production facilities shall be located in a manner compatible to those already installed in the surrounding areas or subdivision.
6.
Lift Compressor Location. Any lift compressor which is installed within an approved Drilling and Production Site shall be located at least twenty-four (24) feet from the outer boundary of the site.
7.
Storage Tanks and Separators.
a.
An Operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the approved Gas Well Development Site Plan, except that permanent storage equipment and separation equipment may not exceed eight (8) feet in height.
b.
The use of centralized tank batteries is permitted if shown and approved by the applicable Gas Well Development Site Plan.
8.
Trash Removal. Any rubbish or debris that might constitute a fire hazard shall be promptly removed from the Drilling and Production Site.
9.
Debris. The Drilling and Production Site and site access road shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material.
C.
Site Development Standards.
1.
Water Conservation Plan. In cases where the City activates its drought contingency plan, each Operator must submit to the City a water conservation plan for uses of water. The plan must provide information in response to each of the following elements.
a.
A description of the use of the water in the production process, including how the water is diverted and transported from the source(s) of supply, how the water is utilized in the production process, and the estimated quantity of water consumed in the production process and therefore unavailable for reuse, discharge, or other means of disposal;
b.
If long-term, five (5) to ten (10) years, water storage is anticipated, quantified five-year and ten-year targets for water savings and the basis for the development of such goals;
c.
A description of the device(s) and/or method(s) within an accuracy of plus or minus five (5) percent to be used in order to measure and account for the amount of water diverted from the source of supply;
d.
Leak-detection, repair, and accounting for water loss in the water distribution system;
e.
Application of state-of-the-art equipment and/or process modifications to improve water use efficiency; and
f.
Any other water conservation practice, method, or technique which the user shows to be appropriate for achieving the stated goal or goals of the water conservation plan.
2.
Erosion and Sediment Controls. Erosion and sediment control practices shall be conducted for all gas wells. The Operator shall comply with the Erosion and Sediment Control Plan as approved by the City.
3.
Site Access Restriction. Access to a Drilling and Production Site shall not be taken from Neighborhood Streets.
D.
Operations and Equipment Standards. The following requirements apply only within City limits.
1.
Compliance with Federal and State Laws, Rules and Regulations. The Operator shall at all times comply with the applicable federal and state laws, rules and regulations, and Field Rules, including but not limited to those addressing the following subjects:
a.
Vapor recovery equipment;
b.
Venting and flaring;
c.
Soil sampling;
d.
Pit design and use;
e.
Hydraulic fracturing;
f.
Plugging and abandonment of gas wells;
g.
Reclamation of Drilling and Production Sites;
h.
U.S. Army Corps of Engineers setback requirements from water bodies; and
i.
Surface casing procedures.
2.
Time of Fracturing. Fracturing operations shall be scheduled to occur during daytime unless the Operator has notified the Gas Well Administrator that fracing will occur before or after daytime to meet safety requirements.
3.
Clean-up After Completion. After the well has been completed the Operator shall clean and repair all damage to public property caused by such operations within thirty (30) days.
4.
Plugged and Abandoned Wells. All wells shall be plugged and abandoned in accordance with the rules of the RRC. In addition, the Operator shall:
a.
Submit a copy of its RRC Form W-3A (Notice of Intention to Plug and Abandon) and Form W-3 (Plugging Record) to the Inspector within two (2) business days of filing with the RRC;
b.
Notify the Gas Well Administrator of the intention to plug and abandon a well at least twenty-four (24) hours prior to commencing activities; and
c.
Submit to the Gas Well Administrator the surface hole locations in an acceptable Geographic Information System (GIS) format to accurately map and track well locations. The GIS data may be submitted with an initial Gas Well Permit application or with the annual administrative report. Submission of GIS location data is only required once.
E.
Fire Safety and Emergency Response Requirements. The provisions of this section shall apply within the corporate limits of the City of Denton.
1.
The drilling and production of gas and accessing the Drilling and Production Site shall be in compliance with all state, federal and local safety regulations.
2.
Gathering Lines.
a.
Each Operator shall place a pipeline marker sign at each point where a flow line or gathering line crosses a public street or road.
b.
Each Operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as required by the Railroad Commission.
c.
All flow lines and gathering lines within the corporate limits of the City (excluding City utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended.
3.
Operating Pressure. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line.
4.
Control Device. 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.
5.
Storage Tanks. Each storage tank requires a permit by the Fire Department and shall meet the requirements of the Fire Code.
6.
Outdoor Storage Areas. Outside storage areas shall be equipped with a secondary containment system designed to contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be designed to include the volume of a twenty-four-hour rainfall as determined by a twenty-five-year storm and provisions shall be made to drain accumulations of ground water and rainfall.
7.
Lightning System. Drilling and Production Sites shall be equipped with a lightning protection system, in accordance with the City's Fire Code and the National Fire Association's NFPA-780. In addition, tank battery facilities shall be equipped with a lightning arrestor system.
8.
Remote Foam Line. Drilling and Production Sites shall be equipped with a remote foam line that meets the requirements of NFPA-11.
9.
Hazardous Materials Management Plan. An Operator shall prepare and provide to the Fire Marshal a Hazardous Materials Management Plan. Any updates or changes to this plan shall be provided to the Fire Marshal within three (3) business 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 cleanup 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 stormwater and weather elements.
10.
Emergency Response Plan. An Operator shall prepare and provide to the Fire Marshal an Emergency Response Plan which includes the following information: (i) a detailed site plan showing the location of the access road, all buildings and structures, well head, tank batteries, above ground pipe and underground transmission pipe; (ii) a list of all on-site safety features, equipment and its location; (iii) the name, address and a twenty-four-hour, in-person response, phone number of the Operator to be notified in case of emergency; and (iv) the name, phone number and address of the surface property owner. The Emergency Response Plan should describe the personnel, procedures and equipment that the Operator has available for responding to any irregular release or a threatened release of materials on the site. The Emergency Response Plan may be included in the Hazardous Materials Management Plan.
11.
Testing/Record Keeping. Operator shall perform periodic testing to verify that all equipment is operating properly. Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted in accordance with the manufacture's specifications. Test and inspection records must be available to the Fire Marshal or Gas Well Administrator for review upon request.
12.
Access by Emergency Vehicles. All Drilling and Production Sites will be designed to provide road access for emergency vehicles in accordance with the provisions of the Fire Code. All access roads for fire apparatus must be unobstructed and be at least twenty (20) feet in width, or shall have a design determined by the Fire Marshall as functionally equivalent to this standard. In addition, all access roads shall have an all-weather surface as provided for in the Fire Code. All dead ends and turning radii shall meet adopted Fire Code standards.
13.
Pit Fencing. For safety reasons, fencing shall be installed to restrict access to a reserve pit or other type of open pit containing a synthetic liner and used in gas well drilling operation at a Drilling and Production Site within the corporate limits of the City.
14.
Catchment Basins. Drip pans, catchment basins and other secondary containment devices or oil absorbing materials shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections, and any other areas or structures that could potentially leak, discharge, or otherwise spill hazardous or solid materials.
15.
Clean-up Operations. After any spill, leak or discharge, the Operator shall remove or cause to be removed all contamination and associated waste materials. Clean-up operations shall begin immediately.
16.
Immediate Notification. Upon the occurrence of a fire, blowout, release of hazardous materials, injury or other incident outside normal operating events, the Operator will immediately notify the Fire Department and a representative of the Operator will be on site within sixty (60) minutes to assist the City's Emergency Response Team and provide any information necessary regarding the site. The Operator shall also, at its own expense, contact and deploy any well containment specialists or other specialists necessary to contain and suppress the emergency situation.
17.
No pit shall be used or maintained for storage of oil or oil products or oil field fluids, or for storage or disposal of oil and gas wastes.
F.
Nuisance Prevention and Impact Mitigation Standards.
1.
Nuisances. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust and vibration. 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 gas and other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effects are minimized by the operations carried on at any drilling or production site or from anything incident thereto to avoid injury to or annoyance of persons living in the vicinity. The site or structures shall not 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.
2.
Sound Mitigation.
a.
A noise management plan, prepared by a professional qualified in the area of noise mitigation, and approved by the Gas Well Administrator, 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 will be submitted with the Gas Well Site Plan Application. The noise management plan must:
i.
Identify operation noise impacts;
ii.
Provide documentation establishing the ambient noise level prior to construction of any wellhead, compressor or compression facility; and
iii.
Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:
(a)
Nature and proximity of adjacent development, location and type;
(b)
Seasonal and prevailing weather patterns, including wind directions;
(c)
Vegetative cover on or adjacent to the site; and
(d)
Topography.
iv.
The Operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of the noise mitigation equipment.
b.
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, including low-frequency outdoor noise levels, which causes the exterior noise level when measured at the Protected Use receiver's/receptor's property line or from the closest exterior point of the Protected Use structure or inside the Protected Use structure if access to the property is granted by the receiver/receptor, that:
i.
Exceeds the ambient noise level by more than five (5) decibels during daytime hours and more than three (3) decibels during nighttime hours;
ii.
Exceeds the ambient noise level by more than ten (10) decibels over the daytime average ambient noise level during fracturing operations during daytime hours;
iii.
Exceeds the ambient noise level by more than three (3) decibels during flowback operations during nighttime hours;
iv.
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 (2) contiguous one-third octave bands by five (5) dB for center frequencies of five hundred (500) Hertz and above, and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hertz, and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty-five (125) Hertz.
c.
The Operator shall be responsible for establishing and reporting to the City a continuous seventy-two-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 (1) twenty-four-hour reading during either a Saturday or Sunday. 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.
d.
Adjustments to the noise standards as set forth above in subsection (b)(i), (b)(ii) and (b)(iii) of this section may be permitted intermittently in accordance with the following:
Permitted Increase (dBA) Duration of Increase (minutes) * 10 5 15 1 20 Less than 1 * Cumulative minutes during any one hour e.
All workover operations shall be restricted to daytime hours.
f.
The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within the applicable Drilling and Production Site Setback as set forth in Section 35.5.10.2 shall be continuously monitored, to ensure compliance. The cost of such monitoring shall be borne by the Operator. If a complaint is received by either the Operator or the gas inspector from any Protected Use the Operator shall, within twenty-four (24) hours of notice of the complaint, continuously monitor for a seventy-two-hour period the exterior noise level generated by the drilling, redrilling or other operations to ensure compliance. At the request of the Gas Well Administrator, the Operator shall monitor the exterior noise level at the source of the complaint.
g.
Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the Gas Well Administrator may be used to ensure compliance. All soundproofing shall comply with accepted industry standards.
h.
The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute's Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
i.
A citation may 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 twenty-four (24) hours from notice of noncompliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four-hour period may be granted in the event that the source of the violation cannot be identified after reasonable diligence by the Operator.
3.
Lighting. No Operator shall permit any lights located on any 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 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.
G.
Enhanced Nuisance Mitigation Standards.
1.
Enhanced Standards for Operators. When an Operator, either by waiver procedure or variance, receives a reduction to the set-back requirements of Section 35.5.10.2 for a Drilling and Production Site, the Operator shall comply with the following Enhanced Nuisance Mitigation Standards for that site:
a.
Sound Mitigation. The Drilling and Production Site shall be surrounded on all four (4) sides with sound wall noise barriers that comply with accepted industry standards and are at least thirty (30) feet in height during all Drilling Activities and Completion Operations and shall be removed by the Operator no later than sixty (60) days after concluding the respective activity. In the alternative, if the Operator's noise management plan provides equally effective sound mitigation to the Protected Uses within one thousand (1,000) feet of the Drilling and Production Site boundary, then the Operator may follow the recommendations set forth in the noise management plan. If the Operator chooses the alternative, the Operator shall provide notice of its intent together with its Notice of Activities as required by Section 35.22.7.C.1.
b.
Production Monitoring. Periodic evaluations will be conducted by the City for the Drilling and Production Site during production to determine if equipment is functioning as designed or may be producing fugitive emissions.
i.
A third party contractor may be retained by the City to perform such inspections, and cost of services and charges assessed by the third party contractor shall be borne by the Operator. Any third party contractor shall act at the City's direction and report directly to the City, and shall have the same authority as the Gas Well Administrator for purposes of inspections under this Section.
ii.
The City shall notify the Operator in writing, as well as to the state and federal regulatory agencies having jurisdictional authority, of any malfunctioning equipment producing fugitive emissions.
iii.
Quarterly reporting of the monitoring results to the City's Gas Well Administrator is required with all laboratory data sheets, field logs, data summaries, and actions taken in the previous quarter.
iv.
Upon showing documented compliance for a period of twelve (12) months, the Operator shall thereafter employ best management practices to eliminate any emissions in violation of state and federal regulations.
c.
An Operator is exempt from the inspection requirements included in Subsection b. above, and any associated fees, on any well site equipped with an equivalent automated system that meets the following requirements and is approved by the Inspector.
i.
Any such alternative must include a screening for the presence of leaks, releases, or emissions, and other conditions that could identify potential malfunctions in the efficient operation of on-site equipment, such as the monitoring of line pressures and storage tank levels.
ii.
The automated system alternative shall include:
(a)
A twenty-four-hour remote alert system designed to notify appropriate personnel of excess storage tank levels or abnormal changes in line pressure; and
(b)
An emergency automated shutdown of the well(s) when monitoring indicates irregular storage tank levels and functioning of valves. All emergency situations shall be immediately reported to the City via 911.
iii.
If malfunctions are identified, the point of concern shall be noted and a repair confirmation provided to the Gas Well Administrator. The repair confirmation shall include a statement indicating that the component is working within manufacturer and regulatory requirements.
iv.
Data shall be compiled over the life of the well(s) and available to the Gas Well Administrator for review.