Topic – Ordinance Requirements
What steps have to be granted for a drilling site to be granted?
The City of Bedford’s ordinance* requires that before an operator can apply and potentially be granted a gas drilling permit they must obtain a Specific Use Permit by the Planning & Zoning Commission and the City Council. Upon approval of a Specific Use Permit, they may apply for a gas drilling permit. The permit requires 27 specific items (See page 14 of Gas Drilling Ordinance)*. In addition, the ordinance sets forth numerous technical specifications that an operator must follow in order to conduct drilling operations with the City of Bedford (See page 29 of the ordinance).
How far must a well be from my property or public structures/areas?
The distance requirement is regulated by the City’s gas drilling ordinance. No well may be drilled closer than 500 feet* from any protected use such as a residence, religious institution, public building, hospital, school or public park.
Does the State require a minimum of 200 feet from bore hole to adjacent structures?
The Railroad Commission website states “The Railroad Commission does not regulate how close a gas well can be drilled to a residential property. However, for a well within the city limits, the city may enact ordinances regarding the proximity to dwellings or other structures. In addition, there is an old law in the Municipal Code, Section 253.005(c), which provides: A well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence."
Commission Rule, 16 Texas Administrative Code (TAC) §3.76 provides that in counties with a population over 400,000 or a population over 140,000 adjacent to a county with a population over 400,000, a developer of the property may obtain Commission approval of a subdivision plan that limits drilling activity to designated drill sites of at least two acres for every 80 acres in the subdivision."
The City of North Richland Hills ordinance states that the setback distance for wells is 600 feet. However, wells can be drilled as close as no less than 150 feet from existing residences that are occupied by persons who in writing consent to the request to drill the well if approved by the Gas Appeals Board of NRH.
What emergency plans are in place in case of an accident?
In the case of gas wells, it has been determined that one plan is not a viable alternative and that if a situation should arise, it should be handled based on the type of incident and the information available. The ordinance states "Prior to the commencement of any gas or other hydrocarbons production activities, the Operator shall submit to the Building Official and the Fire Marshal an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the Railroad Commission, Texas Commission on Environmental Quality, Department of Transportation and/or the Environmental Protection Agency. The Emergency response plan shall be kept current with any additions, modifications and/or amendments concerning all construction related activities, oil and/or natural gas operations and/or production. Updated plans shall be submitted to the Building Official and the Fire Marshal within two (2) business days after any additions, modifications and/or amendments to said plans. A copy of the emergency response plan shall be kept on-site and readily available."
Will someone be on the drilling site at all times?
During drilling operations there are personnel on-site 24 hours. Completion operations are usually conducted during the day, but personnel may be on-site 24 hours during a short flow-back period. At times when there are no personnel on-site, a watchman is required by the City’s ordinance*.
Where will gas wells be allowed in Bedford?
In accordance with the City’s proposed ordinance, gas wells must be located 500 feet* or more from all residential and commercial structures, and meet all other technical and legal requirements. Generally 3 to 5 acres of land is necessary to support natural gas drilling operations.
What is the remediation process when a well is abandoned or plugged?
The gas company is required by the Railroad Commission to properly plug the well so that the fresh water zones are protected. They will clean up all trash and contaminated soil, and try to leave the site as near to its previous state as possible. Specifically the City’s ordinance* states the following:
Section 8.04 Plugged and Abandoned Wells* (page 41)
A. Surface requirements for plugged and abandoned well. Whenever abandonment occurs pursuant to the requirements of the Railroad Commission, the Operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this Ordinance.
B. Abandonment shall be approved by the Building Official after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the Building Official:
1. The derrick and all appurtenant equipment thereto shall be removed from drill site;
2. All tanks, towers, and other surface installations shall be removed from the drill site;
3. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Railroad Commission;
4. All holes and depressions shall be filled with clean, compactable soil;
5. All waste, refuse or waste material shall be removed from the drill site; and
6. During abandonment, Operator shall comply with all applicable sections in this Ordinance.
C. Abandoned well requirement. The Operator shall furnish the following at the discretion of the Building Official:
1. A copy of the approval of the Railroad Commission confirming compliance with all abandonment proceedings under the state law; and
2. A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.
D. Abandonment requirements prior to new construction. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Railroad Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well.
E. The Operator can only abandon a well if the Office of the Building Official has reviewed and approved the abandonment and all appropriate Railroad Commission and City abandonment requirements have been met.
In the event of an accident who maintains the overall liability?
The gas drilling company.
Can the city limit the number of drill sites per acre or provide other mitigation to protect the surrounding neighborhoods from drilling that could continue for many years?
The City cannot legally limit the number of wells on a site as long as those wells continue to meet the stated setback and technical requirements listed in the Gas Drilling Ordinance. However, the City can put in place regulations to protect the public including those that address - noise, landscaping, lighting, and other safety and environmental concerns.
What ordinances are being put into place to protect our infrastructure? What type of fines will the gas companies face if they fail to act according to the ordinances. How will our roads be protected from damage?
The proposed Gas Drilling Ordinance contains provisions for the protection of the City's infrastructure and requires that all operators sign and adhere to a separate road repair agreement. This road repair agreement requires that the drilling operator repair all damages to the City's roadways at their expense. This agreement sets forth the timeliness of repairs, when and how inspections will be handled and the conditions for assessing and documenting the condition of the roadways before drilling commences.
Also included in the City's ordinance is language allowing for fines up to $2,000 for each violation of the ordinance.
How will inspections be handled?
The drilling sites will be inspected by the city. This service can be contracted out and all of the cost of the inspections will be paid for through inspection fees.
What are the restrictions on noise ?
All ambient noise levels will have to be set before a gas drilling permit is issued and those levels will be established with the Building Official present at those tests. The Building Official by definition in the ordinance can also include his designee which can be a certified gas well inspector. Gas well inspectors have training and knowledge on the reading and determination of noise level.
The ordinance states that sound will have to be controlled in such a way that " The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within six hundred (600) feet of a Protected Use shall be continuously monitored, to ensure compliance. The cost of such monitoring shall be borne by the Operator. The monitoring will be conducted in such a way to guarantee that the results are recorded and retained for periodic review by the Building Official. "
The restrictions are "
No well shall be drilled, redrilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at the nearest Protected Use receiver’s/receptor’s property line or one hundred (100) feet from the nearest Protected Use structures (measured to the closest exterior point of the building), whichever is closer to the receiver/receptor, that exceeds the Ambient Noise Level by more than five (5) decibels during daytime hours and more than three (3) decibels during nighttime hours. Fracing operations may not exceed the Ambient Noise Level by more than ten (10) decibels. Backflow operations may not exceed the Ambient Noise Level by more than five (5) decibels during nighttime hours."
What is the maximum fine that can be assessed on the drilling companies for noncompliance with the ordinance?
According to state law, the maximum fine that a city can impose for noncompliance with ordinance relating to health, safety and welfare issues is $2,000 for other ordinances not relating to health, safety and welfare it is $500. The city will have the same regulatory authority with gas drilling as it does with any other industry in Bedford, no more and no less.
Who pays for all of the requirements in the ordinance such as masonry screening, watchmen, landscaping and maintenance?
All of those costs are the responsibility of the gas drilling company. |