§ 14-25. Gas well permit—Required.

(a)

A person wanting to engage in and operate in gas and or oil production activities within the territorial limits of the city shall apply for and obtain a gas well permit under this article. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, 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 re-working, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing.

(b)

An 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 hole shall require a separate permit and shall not be permitted on a "blanket" basis.

(c)

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.

(d)

When a gas well permit has been issued to the operator for the drilling, redrilling, deepening, reentering, activating or converting of a well, such gas well permit shall constitute sufficient authority for 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; provided, however, that 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 then current permit for such well.

(e)

Any person who intends to refracture a permitted well after initial completion shall apply for and obtain a refracture permit. Application for a refracture permit must be submitted no later than 45 days before the activities are proposed to begin and must include an inspection fee in an amount of $1,500.00. The application must identify where the activities will be conducted and describe the activities in detail. Within ten days after the permit is submitted, the applicant shall provide evidence to the inspector that notice of the proposed refracture has been provided to each surface owner of property, as shown by the current tax role, within 1,000 feet of the proposed refracture site. The notice must also include the address and 24-hour phone number of the person conducting the activities. If requested by the inspector, the person conducting the refracture activities must 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. Reinspection by the inspector of the proposed refracture site to ensure continued compliance with the provisions of this article shall occur within 20 days of the date of submission of the refracture permit. The inspector shall submit recommendations to the city council regarding the approval of the refracture permit authorizing a one-time refracture of a single completed well, including such restrictions or conditions the inspector deems appropriate. The city council shall review and consider an application for a refracture permit at the next regularly scheduled council meeting after receiving the inspector's recommendations. In determining whether to grant a refracture permit, the council shall consider the applicable factors set forth in this article for the initial gas well permit. Refracture activities shall comply with all other provisions of this article governing fracture stimulation operations. Each completed well proposed for refracture shall require a separate permit.

(f)

The following requirements shall apply to all fracture stimulation operations performed on a well within 1,000 feet of an occupied residence:

(1)

At least 48 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 shall be performed during daylight hours only unless the inspector approves such operations during nondaylight hours;

(3)

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

(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; and

(5)

Fracture stimulation operations shall be performed during daylight hours only unless the city council approves such operations during nondaylight hours.

(g)

A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the issuance. A gas well permit may be extended by the inspector for one 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.

(h)

The gas well permit required by this article is in addition to and is not in lieu of any permit which may be required by any other provision of this article or by any other governmental agency.

(i)

No gas well permit shall be issued for any well to be drilled within any floodway, as defined by Federal Emergency Management Agency (FEMA).

(j)

No gas well permit shall be issued for any property not appropriately zoned by the city for natural gas exploration, production and development.

(k)

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.

(Ord. No. 2006-22, § 5, 7-25-2006; Ord. No. B-2008-06, § 3, 6-26-2008)