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HomeMy WebLinkAbout1986-1652 - Ordinance - 05/22/1986ORDINANCE ]652 AN ORDINANCE AMENDING CHAPTER 4~ SECTION ]3, OF THE COLLEGE STA- TION CODE OF ORDINANCES, REGULATING THE EXPLORATION~ DEVELOPMENT, PRODUCTION, AND TRANSPORTATION OF OIL, GAS, AND ASSOCIATED MINER- AL HYDROCARBONS WITHIN THE CITY OF COLLEGE STATION, REQUIRING A PERMIT FOR SUCH ACTIVITY, ESTASLISHING A PROCEDURE FOR THE APPLI- CATION FOR AND GRANTING OR DENIAL OF SUCH ACTIVITY, ESTABLISHING A PROCEDURE FOR THE APPLICATION FOR AND GRANTING OR DENIAL OF SUCH PERMITS, AND PROVIDING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA- TION: That Chapter 4, Section 13, of the College Station Code of Ordinances is hereby repealed, and the following substituted therefore: A. PURPOSE The City Council of the City of College Station finds that the exploration for development and production of oil, gas, and other related mineral hydrocarbons within the city limits is an activ- ity which necessitates reasonable regulations in order that such activities will not cause injury or property damage to the citi- zens of the City and that such activities should conform to the comprehensive plan and zoning ordinances of the City as far as practicable in order to preserve the integrity of said ordinances and regulations. The City recognizes that conflicting property rights exist in the carrying out of such activities and further recognizes the rights of all property owners, mineral and other- wise, to the peaceable enjoyment of their property and the bene- fits and revenues therefrom. This ordinance is therefore enacted to implement reasonable regulations for present and future activ- ities as defined herein, in order to protect the health, safety, and general welfare of the public, and accomplish the orderly, safe and practical production and enjoyment of available mineral resources when such activity is consistent with those objectives. B. GENERAL PROVISIONS (1) The City Manager or his duly appointed representative or representatives are hereby authorized and directed to enforce the provisions of this article. (2) Whenever necessary to enforce any of the provisions of this article, or whenever the City Manager has reasonable cause to believe that there exists upon any premise any condition con- trary to the provisions of this article, the City Manager or his authorized representative may enter such building or premises at Ordinance No. 1652 all reasonable times to inspect the same or to perform any duty imposed upon the City Manager by this article. If such entry is refused, the City Manager shall have recourse to every remedy provided by law and equity to secure entry. No owner or occupant or any other person having charge, care, custody or control of any building or premise shall fail or neglect after proper demand to permit prompt entry therein by the City Manager or his repre- sentative for any purpose pursuant to this article. (3) Every operator of any well shall designate himself, or an agent(s), as a resident of the State of Texas upon whom all orders and notices provided in this article may be served in per- son or by registered or certified mail. Every operator so desig- nating such agent shall within ten (10) days notify the City Sec- retary in writing of any change in such agent or mailing address unless operations within the City are discontinued and abandon- ment has been completed in compliance with this ordinance. (4) Every person who acquires any well, property or site upon which operations which are the subject matter of this arti- cle exist, whether by purchase, transfer, assignment, conveyance, exchange or otherwise, shall within ten (10) days after acquiring such well, property or site, notify the City Secretary in writing of his acquisition. The notice shall contain the following: (a) The name and address of the person acquiring such well, property or site involving an oil activity. (b) The name and location of the oil and gas ac- tivity. (c) The date of acquisition. (d) A description of the properties and equip- ment acquired, and the oil and gas activity. (e) The name and address of any person designat- ed to receive service of notice in compli- ance with the notice provision requirements. (5) The operator of every well shall notify the City Secre- tary in writing of the transfer to another operator of such well for any purpose. The notification shall be within ten (10) days after such transfer by reason of sale, assignment, transfer, con- veyance or exchange and shall contain the following: (a) The name and address of the person to whom such oil and gas activity was sold, assign- ed, transferred, conveyed or exchanged. -2- Ordinance No. 1652 (b) The date when possession was relinquished by the former operator. (c) The name and address of the person acquiring such well, property or site involving an oil and/or gas activity. (d) The name and location of the oil and/or gas activity. (e) The date of acquisition. (f) A description of the properties and equip- ment acquired, and the oil and/or gas activ- ity. (g) The name and address of any person desig- nated to receive services of notice in com- pliance with the notice provision require- Rents. C. DEFINITIONS The terms used in this article shall, unless the context in- dicates otherwise, have the respective meanings herein set forth, as follows: (]) Abandonment. "Abandonment" shall be as defined by the Commission and shall include the restoration of the drill site as required by this ordinance. (2) Approved Type and Approved Design. "Approved type and approved design" shall mean and include improvements, equipment, or facilities of a type or design approved by the Commission, Fire Department, or Technical Consultant. (3) Area. "Area" shall mean the property surrounding the location of the proposed activity, within a radius of one thou- sand (1,000) feet. (4) Blowout Preventor. "Blowout preventor" shall mean a mechanical, hydraulic, pheumatic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe or other tubular goods which completely closes the top of the casing and is designed for preventing blowout. 0,0 , 78£ Ordinance No. 1652 (5) Cellar. "Cellar" shall mean an excavation around and above the top ~int of the casing of a well. (6) City. Texas. "City" shall mean the City of College Station, (7) City Attorney. torney of the City. "City Attorney" shall mean the City At- (8) City Code. City. "City Code" shall mean the City Code of the (9) City Council. "City Council" shall mean the City Coun- cil of the City. (10) City Engineer. "City Engineer" shall mean the City En- gineer of the City. (11) City Manager. ger of the City. "City Manager" shall mean the City Mana- (12) City Planner. "City Planner" shall mean the City Plan- ner of the City. (13) City Secretary. "City Secretary" shall mean the City Secretary of the City. (]4) Commission. "Commission" shall mean the Railroad Com- mission of the State of Texas. (15) Completion of Drilling, Redrilling and Reworking. "Drilling, redrilling and reworking" is completed for the purpose of this article thirty (30) days after the drilling, redrilling or reworking crew has been released through completion of its work or contract or released by those employing said crew. (16) Derrick. "Derrick" shall mean any portable framework, tower, mast or structure which is or are required or used in con- nection with drilling, reworking, operating or maintaining a well for the production of oil, gas or other hydrocarbons from the earth. (17) Desertion. "Desertion" shall mean the cessation of the operation at any drill site without compliance with the provi- sions of this article relating to suspended operations, idle wells or abandonment. -4- Ordinance No. 1652 (18) Disposal Well. "Disposal Well" shall mean any well drilled or intended to be drilled, including solutions and liq- uids containing solids in suspension, produced from any such well. (19) Drilling. "Drilling" shall mean any digging or boring of a new well for the purpose of exploring for developing or pro- ducing oil, gas or other hydrocarbons, or for the purpose of in- jecting gas, water or any other fluid or substance into the earth. (20) Drilling equipment. "Drilling equipment" shall mean the derrick together with all parts of and appurtenances to such structure. Every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling. (21) Drill site. "Drill site" shall mean the premises used during the drilling or reworking of a well or wells located thereon. (22) Exploration. "Exploration" shall mean geologic or geo- physical activities related to the search for oil, gas or other subsurface hydrocarbons; seismic surveys are included by defini- tion. (23) Fire Department. Department of the City. "Fire Department" shall mean the Fire (24) Fluids. "Fluids" shall mean any gas or liquid. (25) Gas. "Gas" shall mean any fluid, either combustible or non-combustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions. It shall also mean the gas- eous components or vapors occurring in or derived from petroleum or other natural gas. (26) Gas well. "Gas well" shall mean any well drilled, to be drilled, or used for the intent or actual production of natu- ral gas. (27) High Impact Area. "High Impact Area" shall mean any residential zone, administrative/professional or commercial neighborhood zone provided that there is an existing residential use, administrative professional use, or commercial neighborhood use in the area of the proposed activity. (28) Lessee. "Lessee" shall mean the person who has execu- ted an oil or gas lease or sublease, or the owner of the land or -5- Ordinance No. 1652 minerals, or his heirs, who conducts or carries on any oil or gas exploration, development, and operation thereof, or any person conducting the operation for himself or others. (29) Lessor. "Lessor" shall mean the owner of surface or mineral rights who has executed a lease. (30) Maintenance. "Maintenance" shall mean and include the repair or replacement of any machinery, equipment, apparatus, structure, facility, and parts thereof used in connection with an oil operation, site or drill site as well as any other work nec- essary to reduce fire hazards or hazards to employees, public health, safety and welfare. (31) New Well. "New well" shall mean a new well bore or new hole established at the ground surface and shall not include re- drilling or reworking of an existing well which is not abandoned. (32) Oil/Gas Operation. "Oil/gas operation" shall mean the construction, use, or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, re- drilling, development, reworkinq and repair, production, process- ing, extraction, enhanced recovery, stimulation, abandonment, storage or shipping of oil or gas from the sub-surface of the earth, including site development. (33) Oil/Gas Operation Site. "Oil/gas operation site" shall mean the physical location where oil operations are conducted. (34) Oil Well. "Oil well" shall mean any well drilled, to be drilled, or used for the intended or actual production of liq- uid petroleum or petroleum products or enhanced recovery. (35) Operator. "Operator" shall mean any person drilling, maintaining, operating, pumping or in control of any well. How- ever, if the operator, as herein defined, is different from the lessee under an oil or gas lease of any premises affected by the provisions of this article, then such lessee shall also be deemed to be an operator. In the event that there is no oil or gas lease relating to any premises affected by this article, the owner of the fee estate in the premises shall also be deemed an operator. (36) Outer Boundary Line. Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operating unit, the term "outer boundary line" shall mean the exterior limits of the land included in the -6- Ordinance No. 1652 lease or unit. In determining the contiguity of any such parcel, all public rights-of-way crossing through or within the lease boundaries shall be part of the leased tract or unit. (37) Owner. "Owner" or equitable title in and oil operation site. shall mean a person who owns the legal to the surfaces of the drill site or (38) Permit. "Permit" shall mean a drilling permit issued or sought to be issued under this article, authorizing the drill- ing of an oil well or gas well or other oil operations as herein defined. (39) Permittee. "Permittee" shall mean the person to whom is issued a permit authorizing the oil and/or gas operations which are the subject matter of this article, and his or its ad- ministrators, executors, heirs, successors, and assigns. (40) Person. "Person" shall include both the singular and the plural and means any natural person, corporation, associa- tion, partnership, receiver, trustee, guardian, executor, admAn- istrator, and fiduciary or representative of any kind. (41) Processing. "Processing" shall mean the use of oil op- erations for gauging, recycling, compressor repressuring, injec- tion, reinjection, dehydration, stimulation, separation (includ- ing but not limited to, separation of liquids from gas), shipping and transportation, and gathering oil, gas, other hydrocarbon substances, water or any combination thereof. (42) Project Review Committee. "Project Review Committee" shall mean a committee composed of the Director of Planning, the City Engineer, and the Chairman of the Planning and Zoning Com- mission, or his/her designated alternate. (43) Residence. "Residence" shall mean a house, duplex, apartment, townhouse, condominium, mobile home or other building used for dwelling purposes. (44) Reworking. "Reworking" shall mean reoccupation or re- entry of an existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) horizontal feet from the existing well bore, or replacement of well liners or casings. (45) Rural Area. "Rural Area" shall mean an area character- ized by open space involving a proposed drill site of not less -7- Ordinance No. 1652 than 25 acres with no operations to be conducted within 1,000 feet of a residence, hospital or school. (46) Right-of-way. "Right-of-way" shall mean public rights- of-way including streets, easements and other property within the City and which is dedicated to the use and benefit of the public. (47) Source of Ignition. "Source of ignition" shall mean any flame, arc, spark or heated object or surface capable of ig- niting liquids, gases or vapors. (48) Street. "Street" shall mean any street, highway, side- walk, alley, avenue, recessed parking area or other public right- of-way, including the entire right-of-way. (49) Sump or Sump Pit. "Sump or sump pit" shall mean an earthen pit, commonly referred to as a "mud pit", lined or un- lined, for the discharge of oil field wastes. (50) Tank. "Tank" shall mean a container, covered or uncov- ered, used in conjunction with the drilling or production of oil, gas or other hydrocarbons for holding or storing fluids. (51) Technical Consultant. "Technical consultant" shall mean such person familiar with and educated in the oil and gas industry as may be retained from time to time by the City. (52) Technical or oil and gas industry words or phrases. "Technical or oil and gas industry words or phrases" used herein and not specifically defined herein shall have that meaning cus- tomarily attributable thereto by reasonable and prudent operators in the oil and gas industry. (53) Urban Area. "Urban Area" shall mean any area charac- terized by business and commercial use, where the proposed drill site is at least three hundred (300) feet from a commercial use as defined by Zoning Ordinance 1638. (54) Well. "Well" shall mean a hole or holes, bore or bores, to any horizon, formation, or strata for the purpose of producing any oil, gas, liquid hydrocarbon, brine water, sulphur water or for use as an injection well for secondary recovery, disposal, or any of them. (55) Well Servicing. "Well servicing" shall mean the main- tenance work performed within any existing well bore which does not involve drilling, redrilling, or reworking. -8- OOa Ordinance No. 1652 D. REGULATED ACTIVITIES (1) It shall be unlawful to conduct any activities related to the production of oil and gas, or other hydrocarbons, without a permit, to be applied for and obtained under this Chapter. These activities shall include, but shall not be limited to the following: (a) exploration (b) site preparation (c) drilling (d) operation (e) construction of rigs or tank batteries (f) fracturing (g) pressurizing (h) reworking (2) IT SHALL BE UNLAWFUL AND AN OFFENSE FOR ANY PERSON TO DO THE FOLLOWING: (a) Engage in any activity not permitted by the terms of a permit issued under this Chapter. (b) Fail to comply with any condition set forth in a permit issued under this Chapter. (c) Violate any provision or requirement set forth herein. E. DESIGNATION (1) Any person shall have thirty (30) days after enactment of this Ordinance to designate an oil and gas activity in the City where application has been made and granted under prior ordinance by survey description and plat of drilling block. (2) Prior to filing of a site plan or preliminary plat, sur- face owner must notify the mineral owner by registered mail, re- turn receipt requested to be sent to the City. The mineral owner has thirty (30) days before filing to come in and designate his oil and gas activity site location on the surface owner's pro- posed plat or site plan and a plat of the proposed oil and gas activity. (3) The mineral owner's designation shall be a metes and bounds description prepared by a certified land surveyor. -9- Ordinance No. 1652 F. LOCATION RULES (1) The mineral owner or his designate must file a site plan for review by the Project Review Committee. The site plan must show access, as well as a survey showing the location. Also to be included is a metes and bounds description of the proposed location of the oil and gas activity on the tract of land. (2) The following are additional restrictions on location: (a) NO oil and gas operation shall be carried on at any location nearer than fifty (50) feet from any street right-of-way, alley or utility ease- ment. (b) NO oil and gas operation shall be carried on within six hundred (600) feet of any residen- tial unit unless waived by the property owner and the party entitled to occupy the premises. (c) No oil and gas operation shall be carried on within one thousand (1000) feet of any school or hospital. (d) No oil and gas operation shall be carried on within six hundred (600) feet of any cemetery or park. (e) NO permit shall authorize the drilling, re- drilling, deepening, reworking, activating, or converting of more than one well. A well shall be deemed to be drilled, redrilled, deepened reworked, activated, or converted within the City when it is to be located on property with- in the City that is to be used for the produc- tion of the well or when the primary access to the drilling site is by way of a City street or public right-of-way. (f) Location of permanent tank locations shall be subject to project review committee. (g) It shall be unlawful to drill any well within one hundred (100) feet of any oil storage tank or source of ignition or any building. -10 Ordinance No. 1652 G. APPLICATION FOR PERMITS The application to conduct any activities related to the pro- duction of oil and gas is separate from the designation of the activity site. The filing of the application must be made subse- quent in time to the designation of the project site, and site plan review by the Project Review Committee. The application must receive City Council approval. The City Council shall also receive a report from the Project Review Committee. The report shall include the recommendations of the Committee as to the con- ditions which should be imposed upon the site of the oil and gas activity for compliance with this ordinance. The application must include the following: (1) Application fee. (2) Map showing proposed route and roadways over which equipment, chemicals, or waste products for use in or produced by the oil and gas operation are to be carried. (3) Any permits issued by Highway Department for oversize loads and oversize vehicles. (4) Designation of type, kind, size and amount of major equipment. (5) Description of the method of operation of well. (6) Location and description of all improvements and struc- tures within one thousand feet (1000') of well hole. (7) A site plan of the proposed operation showing the loca- tion of all improvements and equipment. (8) Casing and cementing program of the well. (9) True copies of all Railroad Commission forms, including the Railroad Commission drilling permit. (10) An irrevocable letter of credit or indemnity bond, in the principal sum shall be determined by the City Engineer. The ir- revocable letter of credit shall be executed by a reliable bank- ing institution or insurance company authorized to do business in the State of Texas as surety, and the operator as principal, run- ning to the City for the benefit of the City and all persons con- cerned, conditioned that the operator will comply with the terms and conditions of this ordinance and the permit issued by the -11 Ordinance No. 1652 City Council; and that the operator will promptly clear all prem- ises of all liter, trash, waste and other substances used, al- lowed or occurring in the operations, and will after abandonment or completion grade, level and restore such property to the same surface conditions as nearly as possible as existed when opera- tions were first commenced, and that the operator will defend, indemnify, and hold the City, its officers, agents, and employ- ees, harmless from any and all liability growing out of or at- tributable to the granting of such permit, regardless of whether the liability is caused in part by the City, its officers, agents or employees, or any of them. The indemnity bond shall provide that such indemnity bond shall not be cancelled without thirty (30) days prior written notice thereof to the City Secretary. Further conditioned that the permittee will promptly pay fines, penalties, and other assessments imposed by reason of breach of any of the terms of and will promptly restore to their former condition streets, sidewalks, and other public property which may be damaged by the oil and gas activity. Such letter of credit or bond shall become effective on or before the date that the permit is issued and shall remain in force and effect for at least a period of six months subsequent to the expiration of the term of the permit issued. (11) Allow for reduction of the amount of the letter of credit when drilling is finished. (12) In addition to the letter of credit or bond required pur- suant to this ordinance, the operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in the State of Texas. Such policy or policies in the aggregate shall provide for the minimum cover- ages: (a) Standard comprehensive general liability, in- eluding coverage for premises, operations, blow- out or explosion products, completed operations, blanket contractual liability, underground prop- erty damage, broadform property damage, inde- pendent contractors and personal injury: (i) Bodily injuries, $500,000 each occurrence, $500,000 aggreqate; (ii) Property damage $200,000 each occurrence, $200,000 aggregate. (b) Standard comprehensive form of automobile lia- bility, including coverage for owned, hired or -12 Ordinance No. 1652 (c) (d) (e) non-owned vehicles being used for business re- lated purposes: (i) Bodily injury (each person) $250,000; Bodily injury (each accident) $500,000. (ii) Property damage $100,000 each occurrence. Excess liability for $500,000, excess of primary insurance. Worker's compensation in the statutory amount and employer's liability $100,000 each accident. The insurance policy or policies required as part of the application shall provide that they shall not be cancelled without prior written notice to the City Secretary at least thirty (30) days prior to the effective date of such cancellation. In the event such insurance pol- icy or policies are cancelled, the permit grant- ed shall terminate on such date of cancellation and the operator's right to operate under such permit shall cease until the operator files ad- ditional insurance as provided herein. The applicant may substitute a Certificate of Deposit in lieu of the irrevocable letter of credit or indemnity bond set forth hereinabove upon the following conditions: (i) Such Certificate of Deposit shall be in such amount which shall be equal to or greater than the amount of the irrevocable letter of credit or indemnity bond. (ii) Such Certificate of Deposit shall be is- sued by a bank selected by the applicant in Brazos County, Texas, and shall be pay- able to the order of the bank; however, accrued interest thereon shall be payable to the operator and the bank shall be so instructed. (iii) Such Certificate of Deposit shall be de- livered to the bank and evidence of the receipt thereof by the bank shall be sub- mitted to the City Secretary. -13 Ordinance No. 1652 (iv) Such Certificate of Deposit shall be gov- erned by the same terms and conditions as irrevocable letters of credit and indem- nity bonds as set forth in this ordinance and the bank shall be so instructed. (13) Designation of representative for service and on-site representative. (14) A telephone number where the representative with super- visory authority over all activities may be reached twenty-four (24) hours a day. (15) A statement under oath signed by the applicant that the information in the application is true and correct. (16) A legal description of the property to be used for the activity (plat description or metes and bounds bearings). (17) Property owner(s) name and address (surface and sub- surface owners). (18) Mineral Lessee's name and address. (19) Operator's name and address. (20) Applicant's name and address. (21) Proposed name of well. Name and address of surface own- er. Name and address of mineral rights owner. Name and address of mineral lease owner. (22) Name and address of drilling company. Legal description of the parcel (plat description or metes and bounds, bearings). (23) Type and height of the pump, jack or pump equipment pro- posed for the producing well. (24) A proposed depth of the well and name of the geologic formation as used by the Railroad Commission. (25) A legal description of the production unit. Any property recorded by plat should reference subdivision, block and lot num- bers. (26) A survey of the production unit at a scale of 1 per 300 or greater by a certified Texas land surveyor including: -14 Ordinance No. 1652 (a) Lengths and bearings of all boundary lines for the production. (b) Exact acreage of the production unit. (c) Exact location of the well within production unit with distances of a minimim of two (2) adjacent boundary lines of the production unit. (d) Length of maximum diagonal within the produc- tion unit. (27) Provide the following, including exact acreage and within a plat approved by the City Planning and Zoning Commission. (a) The subdivision name, block and lot number. (b) Ownership of surface acreage for each parcel in the production unit. (c) Ownership of mineral rights for each parcel in the production unit. (d) Ownership of surface acreage for each parcel abutting the production unit. (e) Ownership of mineral rights for each parcel abutting the production unit. (f) Name and address of each owner of any parcel of property within one thousand (1000) feet of the proposed well head. E. Applicant must show ownership and control by voluntary agree- ment. The operating rights to twenty (20) acres or more of the surface area within the proposed production unit. Applicant shall provide ownership, address and description of each parcel contributing to such control. I. The City Council of the City shall hold a public hearing on all applications for permits to drill oil or gas wells. Written notice of all such public hearings shall be sent by the City Sec- retary on forms prepared by the City Attorney's office to the ap- plicant and all other persons deemed by the City Secretary to be affected thereby and all owners of real property line within six -15 Ordinance No. 1652 hundred (600) feet of the proposed drill site. Written notice shall also be sent by the City Secretary to all real property owners lying within one thousand (1000) feet of the proposed site for the storage facility. Such notice shall be given not less than ten (10) days before the date set for the hearing to all such property owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the U. S. Post Office in said City. Notice shall also be given by publishing the same in a newspaper of general circulation in the City at least fifteen (15) days prior to the date set for the hearing, which notice shall state the time and place of such hearing, provided, how- ever, all provisions contained herein with respect to the mailing and posting of notices of hearing shall be deemed sufficient upon substantial compliance with this section. J. The Project Review Committee may designate such additional conditions concerning installation, operation and maintenance of the proposed well site and/or storage facility, including but not limited to the following: uses. (1) Alternate location of the well due to adjacent land (2) Air pollution and odor control devices. (3) Noise control devices. (4) Type of engine for pump equipment. (5) Height of pump equipment during production. (6) Fire control measures at the drill and pump site. (7) Fence or visual screening on site of pump equipment and storage facilities. (8) Landscaping of the site of pump equipment in storage facilities. (9) Provisions for proof of contractural responsibilities of pump site and storage site maintenance. (10) Blow-out prevention control. -16 Ordinance No. 1652 (11) Specific description of safety Drocedures required at drill/pump site and the storage site. (12) Special handling/storage of sledge/waste from the drill site. (13) Special disposal of sledge/waste from the drill site. (a) Hours and/or time of Pumping Operation. (b) Location of Storage Facilities. (c) Ingress/egress of vehicular traffic to drill site and production site. (d) Specific precautions proposed to prevent con- tamination of water aquifer at drill site. (e) Specific proposal for source of water to be used during drilling operation. (f) Specific requirements for route and location, buried or above ground, full lines between the well head and storage facilities. (g) Permit for conduits on streets and alleys re- quired. No permittee shall make any excava- tions or construct any lines for conveyance of fuel, water or minerals on, under or through the streets and alleys of the City without the expressed permission of the City Council in writing and then only in strict compliance with the ordinances of the City. K. TYPES OF PERMITS (1) Permits shall be denominated by the type of activ- ity and the character of the area, as defined here. (2) There shall be the following types of permits: (a) High Impact (b) Urban (c) Rural (d) Seismic 9048U Ordinance No. 1652 (3) Any proposed activity which is to be conducted in more than one designated type of area shall be required to follow the permit procedure for the most restrictive area included therein. (4) Any person wishing to conduct an activity enumerated in Section I hereof, shall apply for a permit upon a form which may be promulgated by the City Manager and which may be obtained from the City Secretary. A separate application shall be made for each separate activity. The City Manager may request additional or supplemental information which may be supplied prior to any action on the permit application. Any change or addition to the information on the application form shall be communicated to the City Secretary within five days of the date of such change or ad- dition during the period of the permit. The applicant shall com- plete the permit application and deliver any required data or in- formation herewith to the City Secretary. At the time a general application fee of Two Hundred Dollars ($200.00) shall be paid. Any other costs of processing the application, including the rea- sonable fees of a Technical Consultant, shall be paid prior to the issuance of a permit hereunder. L. PROCEDURE FOR HIGH IMPACT PERMITS (1) Except as provided herein, the procedure for urban per- mits shall apply. (2) After receipt of an application for a high impact per- mit, the City Manager shall retain a Technical Consultant to evaluate the public impact of the proposed activity and recommend permit conditions. Such Technical Consultant shall be familiar with the oil and gas industry and educated in the field, and shall study the application, proposed site, and proposed opera- tions or drilling program. The Technical Consultant shall draft recommended restrictions or conditions to be appended to the per- mit if issued, and shall furnish copies of same to the City Mana- ger, the Project Review Committee, and applicant. The Technical Consultant shall recommend a minimum separation distance for drilling or other operations, maximum pressures for anticipated operations, minimum test pressures for equipment, special safety equipment and procedures, and prohibited operations or tech- niques. The consultant shall recommend noise reduction levels and screening where deemed appropriate. The recommendation shall be completed and delivered to all parties within forty-five (45) days of the application. The applicant shall pay for the cost of the Technical Consultant's study and recommendations prior the public hearing. (3) Upon receipt of the application for a high impact per- mit, the City Secretary shall cause a notice of public hearing to -18 Ordinance No. 1652 be published in a newspaper of general circulation in the City, which public hearing shall be held at the next regular City Coun- cil meeting after the expiration of the forty-five (45) day peri- od set forth in the preceding section. (4) After the conclusion of the public hearing, the Council may approve or deny the permit based upon the criteria set forth herein. (5) The City Council may add any conditions necessitated by the health, safety, and welfare of the public, whether or not same are included in the recommendations of the Technical Consul- tant. M. PROCEDURE FOR URBAN PERMITS (1) The City Manager shall review an application for an ur- ban permit and shall determine if a Technical Consultant is need- ed to evaluate the public impact of the proposed activity, and recommend permit conditions. If such a consultant is deemed nec- essary, the City Manager shall retain an individual familiar with the oil and gas industry and educated in any applicable special field, who shall study the application, proposed site, and pro- posed activity. The Technical Consultant shall draft recommended restrictions or conditions to be appended to the permit, and shall furnish copies of same to the City Manager, the Project Re- view Committee, and the Applicant. The recommendations shall be completed and delivered to all parties within thirty (30) days of the application. The Applicant shall pay the cost of the Tech- nical Consultant's study and recommendations prior to the public hearing. (2) Upon receipt of the application for an urban permit, the City Secretary shall cause a notice of public hearing to be published in a newspaper of general circulation in the City, which public hearing shall be held after the expiration of the thirty (30) day period set forth in the preceding Section, if a Technical Consultant is to be used. If no Technical Consultant is to be used, the public hearing shall be held at the next Coun- cil meeting after the expiration of fifteen (15) days from such publication. (3) All persons with property located within one thousand (1000) feet of the proposed drill site, as shown by the tax rec- ords in the City Secretary's office, shall be notified of the public hearing by certified mail, return receipt requested. The applicant shall pay Two Dollars ($2.00) for each such notifica- tion letter. No notification letter shall be necessary if the -19 Ordinance No. 1652 applicant files a consent form, to be supplied by the City Secre- tary, signed and notarized, by such property owner. (4) At the public hearing, the recommendation of the City Manager shall be presented, and any interested party shall be allowed to speak or present evidence. After the conclusion of the public hearing, the Council shall approve or deny the permit based upon the criteria set forth herein. The Council may table any application for up to sixty (60) days to seek additional formation from the Applicant or to require further study by a Technical Consultant. (5) The Council may add any conditions necessitated by the health, safety, and welfare of the public, whether or not same are included in the recommendations of a City Manager, if any. N. PROCEDURE FOR RURAL PERMITS The City Secretary shall cause a notice of public hearing to be published in a newspaper of general circulation in the City, which public hearing shall be held at least ten (10) days follow- ing such publication, at the next available meeting of the City Council. The Council shall consider the application and grant or deny the permit based upon the criteria set forth herein. The City Council may table the application for a period of up to six- ty (60) days to obtain additional data from the applicant or by study of the proposed activity through a Technical Consultant. O. SPECIAL RULES FOR SEISMIC PERMITS Seismic Surveys. NO geophysical work shall be conducted except upon proper application in the payment of a Two Hundred Dollar ($200) application fee. A proper application shall include the following: (1) Letter of application requesting a geophysical per- mit. The letter shall set out the system to be employed when it is intended to begin the work and also the anticipated date of completion. A statement shall be made relieving the City of any liability for damages which may result from the operation per- formed by the applicant. -20 Ordinance No. 1652 (2) The letter of application shall be accompanied by a copy of a valid and existing public liability insurance policy as required by this ordinance. (3) A plat outlining the areas proposed to be covered by the survey shall be attached when the above is properly submit- ted. The City Engineer may issue a permit to the applicant to conduct such seismic or geophysical work, if by his determination this work will not create a public nuisance nor be contrary to the public safety. The determination shall include the conside- ration of the following factors: (a) The location of the proposed test, will not, considering the geology of the area, reasonably be expected to damage water- lines, sewerlines, structures, dwellings or other improvements in the area. (b) The quality in nature of the proposed seismic survey to be used in implementing the exploration. P. SITE REVIEW (1) Upon review by the Project Review Committee, the follow- ing items will be required for any oil and/or gas activity site: (a) Screen fencing shall be within the discre- tion of the Project Review Committee based upon the impact to adjacent project. The Project Review Committee may require fencing during the drilling operations and may require separate fencing after comple- tion of the drilling operations. The Project Review Committee may require a six foot solid screen fence around the entire perimeter of the site. The fence to be at least one hundred (100) feet from any well, equipment, or structure within the site, but no closer than five hundred (500) feet to any residential property line. (b) Flaring of gas. -21 Ordinance No. 1652 (c) Electrical motors and all technologically available mufflers. Site development other than drilling operation shall be carried on only between the hours of 7:00 a.m. and 7:00 p.m. (2) The Project Review Committee, as established in the City Zoning Ordinance, shall review the nature and locations of the proposed activities, and make recommendations to the Council per- taining to site plan design and construction, including: (a) Traffic loads or patterns, proposed street de- velopment, and recommended alternatives or changes in the plat or in the proposed opera- tions. (b) Necessary screening, earth berming, or land- scaping to compromise and reduce the negative effect of proposed activities on adjacent prop- erties. (3) The City Council shall consider the recommendations of the Project Review Committee with the application as it is pre- sented to the Council. The City Council may require any change in the operations, plan or design, layout, fencing, screening, lighting, or other matters that are reasonably required by the public interest. Q. CRITERIA FOR GRANTING OR DENIAL OF PERMIT (1) The City Council may accept, reject or otherwise modify the recommendations of the Project Review Committee in the inter- est of securing compliance with this ordinance, the Code of the City of College Station, and protecting the health, safety, and welfare of the community. (2) The following additional criteria shall be included: (a) That the operations proposed are reasonable un- der the circumstances and conditions prevailing in the area. (b) That the operations proposed are consistent with the health, safety and welfare of the pub- lic when and if conducted in accordance with the permit conditions to be imposed. -22 904 Ordinance No. 1652 (c) That the impact upon adjacent property and the general public, of operations conducted in com- pliance with the permit conditions to be impos- ed, are reasonable and justified, balancing the following factors: (i) The right of the owner(s) of the min- eral estate to explore, develop, and produce the minerals in place. (ii) The availability of alternate drill sites, both presently and at other times during the lease term. (iii) The date of acquisition by the vari- ous owners of the surface and mineral estates. R. ON SITE REQUIREMENTS The following items are required on the oil and gas and other minerals activity site: (]) Blowout preventors. Properly sized casing ramps de- signed to fit the pipe or tubing or casing on which they are in- stalled. Blowout preventors shall be installed in the blowout preventors stack prior to the running of intermediate or produc- tion casing. Double ram blowout preventors shall be installed and tested to their full working pressure prior to drilling below surface pipe. The blowout preventors shall be tested with clear water upon initial installation and shall be operated once each day thereafter to ensure good working order. (2) Surface casings. Surface casings shall be set to a depth of two hundred feet (200') below the recommended depth of the Texas Department of Water Resources or to any greater depth required by the Railroad Commission below ground level or to a depth sufficient to protect all fresh water zones as directed by the Texas Department of Water Resources, whichever is greater. (3) Flow Lines. During production, on all flow lines where pressures are less than 1,000 psi, safety shutting devices shall be installed at the well heads that will stop the flow from the well head if the pressure in the flow line rises or falls below pre-determined operating limits. On all lines of one thousand (1,000) psi or more, a safety shutting device shall be installed on the line. -23 Ordinance No. 1652 During production, all flow lines shall be buried thirty-six (36) inches below the surface of the ground and shall use 2 3/8 inch J-55 API pipe or better. (4) Noise and Odor Levels. Any oil and gas activity car- ried on within the city limits of the City of College Station shall be so constructed, operated and maintained so that noise, vibration, odor or other harmful or annoying substances or af- fects emitted therefrom, can be eliminated or diminished by the use of modern improved types of equipment and silencers. Drill- ing rigs shall be of the diesel electric type or diesel type only. No oil and gas activities shall generate an awaited noise level which when combined with the ambient noise level will produce a combined noise level greater than 68 db-a at six hun- dred (600) feet averaged over the hour period of permitted opera- tions under this ordinance using a community noise monitor in- strument approved by the City Engineer. (5) Premises to be Kept Clean. Ail operations concerning an oil and gas activity shall be conducted in a careful and or- derly manner, and the premises shall at all times be maintained in a neat, clean and orderly manner, and all discarded surplus materials, supplies and refuge shall be disposed of daily. Ail fire suppression and prevention equipment as re- quired by the fire marshal shall be required at the drill site and shall be the responsibility of the designated permittee, and shall be provided by him at his cost. American Petroleum Institute Standards, all tubing and casing, including surface protection and production strings, shall meet or exceed the minimum internal pressure yield strength established under the American Petroleum Institute Standards and shall be of new material. (6) Tests. Each joint and length of each particular casing string prior to being set shall have conditionally passed a cold water test and the City Engineer shall be furnished with a copy of said test results or the casing shall be inspected by the City Engineer or his delegate to determine that the casing has been tested. It shall be unlawful for any person in connection with the drilling or reworking operations of any well within the City limits to conduct or complete any tests required by this section or is provided for by any other section of this ordinance, except -24 Ordinance No. 1652 during daylight hours. No test shall be conducted without giving prior written notice to the City Engineer twenty-four (24) hours in advance of the tests stating the exact date, time and place the test is to be conducted. Failure to notify or conduct the test at the specified time and place is a violation for which the permit created hereunder may be revoked. (7) ~alt Water Disposal. The permittee shall make adequate provisions for the disposal of any salt water and other impuri- ties which he may bring to the surface in an oil and gas drilling activity. (8) Operation of Completed Wells. Upon completion of a well as a commercial producer, any apparatus used in the produc- tion of the well, including pump jacks, shall be enclosed as to prevent any entry by unauthorized persons, and so as to prevent the well equipment from being seen. The walls of the enclosure shall be solid and constructed with privacy fence materials and shall be high enough to restrict the view of any well equipment including pump jack. The enclosure shall remain locked at all times unless the well is being serviced by the operator or its service companies. (9) Production Storage Tanks. Storage tanks, tank batter- ies, separators, gun barrels, or other storage facilities, for oil or other liquids, shall be installed outside of the corporate City limits, except for temporary storage tanks as provided for in this ordinance. This subsection shall be cummulative to the provisions of this ordinance. (10) Production Unit. A production unit shall be comprised of a minimum of forty (40) surface acres and shall not exceed a maximum diagonal of three thousand (3000) feet. (11) Pump Unit Prime Movers. Only electric prime movers or motors shall be permitted for the purpose of pumping wells. (12) Alarm Devices. Every drill in completion and reworking operation for all wells shall be equipped with a public alarm system capable of being heard at a distance of one thousand (1,000) feet. In addition, at all times during drilling opera- tions or maintenance on such wells, the permittee shall maintain on the derrick, as near the well hole as possible, the hydrogen sulfite detection device designed to sound an alarm in the event of hydrogen sulfite released into the atmosphere. This public alarm system shall also be capable of being heard at a distance of one thousand (1,000) feet. All residents within a one thou- Ordinance No. 1652 sand (1,000) foot radius of the well shall be notified of the alarm and be provided a demonstration prior to commencing opera- tion and instructed in the action to take upon the hearing of the alarm. (13) Well Heads. All well heads shall be equipped with mas- ter valve Christmas trees except that wells with three thousand (3,000) psi or a greater shut in well head pressure shall be equipped with a double master valve Christmas tree. (14) Signs. Permanent weatherproof signs reading "DANGER - NO SMOKING ALLOWED" shall be posted at the entrance of each well site and tank battery. The sign shall include the drilling block number and emergency notification number of the fire department. Well and lease designations required by the Railroad Commission shall also be displayed. (15) Clean Up. (a) At the conclusion of any drilling or reworking operations, the drill site shall be cleaned of all equipment and machinery that is not needed to produce the well and all said equipment and machinery shall be removed within forty-eight (48) hours. (b) After any leak, spill, or malfunction, the per- mittee shall remove or cause to be removed to the satisfaction of the Chief of the Fire De- partment and the Technical Consultant, all oil and waste materials from any public or private property affected by such spill, leak or mal- function. (c) No person shall place, deposit, discharge or cause or permit to be placed, deposited, or discharged, any oil, naptha, petroleum, as- phalt, tar, hydrocarbon substances, or any re- fuse, including wastewater or brine, from any oil and gas activity or the contents of any container used in connection with any oil oper- ation 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 in the City. (d) All property on which any oil and gas activity is located shall at all times be kept free of debris, pools of oil, water or other liquids, weeds, brush, trash or other waste materials. Ordinance No. 1652 (e) (f) Ail production equipment on the activity site shall be painted and maintained at all times, including pumping units, storage tanks, build- ings and structures. Paint shall be of a neu- tral color compatible with surrounding uses. Neutral colors shall include sand, gray, and unobtrusive shades of green, blue, or brown or other colors approved by the Project Review Committee and/or City Council. Upon applica- tion renewal, the Technical Consultant can upon review consider the deterioration of the qual- ity of the material which such facility or structure is constructed, the degree of rust and its appearance, and order, as a condition of renewal, that the structure be repainted. No person shall allow, cause or permit gases to be vented into the atmosphere to be burned by open flame except as provided by law or as permitted by the Commission. (16) Clean Up After Well Servicing. After completion of well servicing or abandonment operation, the responsible party shall clean the drill site area and repair all damage to public property caused by such servicing or abandonment operations. (17) Cleanup after spillsr leaks and malfunction. After any spill, leak or malfunction, the responsible party shall remove or cause to be removed to the satisfaction of the Chief of the Fire Department all oil and waste materials from any public or private property affected by such spill, leak or malfunction. (18) Releasing of fluids. No person shall deposit, place, discharge, cause or permit to be placed, deposited or discharged any oil, naptha, petroleum, asphaltum, tar, hydrocarbon substan- ces or any refuse, including wastewater and brine from any oil operation or the contents of any container used in connection with an oil operation in, into, or upon a public right-of-way, a storm drain, ditch or sewer, a sanitary drain or sewer, any body of water, or any private property in the City. (19) Freedom from debris. Ail property on which an oil well site is located shall at all times be kept free of (i) debris; (ii) pools of oil, water or other liquids; (iii) weeds; (iv) brush; (v) trash, or other waste material. (20) Waste Removal. Drilling mud, cuttings, oil or liquid hydrocarbons and all other oil field waste derived or resulting -27 Ordinance No. 1652 from or connected with the drilling, redrilling, deepening, or reworking of any well shall be discharged into a portable steel tank. Unless otherwise directed by the Commission, waste materi- als shall be removed from the operation site every thirty (30) days. (21) Report. The City Manager or his delegate shall be pro- vided with copies of all required reports submitted to the Texas Department of Water Resources and Railroad Commission, as well as any engineering reports. (22) C.ontrol. In the event of the loss of control of any well or other oil and gas activity, the operator shall immedi- ately take all reasonable steps to regain control of such activ- ity regardless of any other provisions of this ordinance and shall notify the City Manager as soon as practicable. If and when the City Manager certifies in writing to the City Secretary that in his opinion: (a) Danger to persons and property exists because of such loss of well control, briefly describ- ing the same; and (b) The operator is not taking or is unable to take all reasonable and necessary steps to re- gain control of such well, the City Manager may employ any well control expert or experts, or other contractors or suppliers of special services, or may incur any other expenses for labor and material which the City Manager deems necessary to regain control of such oil and gas activity. The City shall then have a valid lien against the interest in the well of all working interest owners who have voluntar- ily joined in the drilling of such well to se- cure payment of any expenditure made by the City pursuant to such action of the City Mana- ger in gaining control of said well. (23) Blocking of Streets and ~lleys. No street or alley may be blocked or obstructed by any drilling or producing operations unless prior consent is obtained by the operator in the form of a resolution adopted by the City Council, except when necessary to protect life or property in connection with emergency operations being conducted pursuant to Ordinance. (24) Derricks. Ail derricks and portable masts used for drilling, redrilling, deepening, or reworking shall meet the -28 Ordinance No. 1652 standards and specifications of the American Petroleum Institute as they presently exist or may be amended hereafter. All drill- ing, redrilling, deepening or reworking equipment shall be re- moved from the oil and gas activity site within thirty (30) days following the completion of drilling, redrilling, deepening, or reworking unless otherwise permitted by the Commission. (25) Unlined Slush~ Sump~ Sump Pits~ or Skim Ponds. No per- son shall own, operate, have possession of, be in control of, or maintain any well site, former well site, or property on which unlined slush, sump, sump pit, or skim pond is located. The pro- visions of this Section shall not apply to portable sump tanks. (26) Private Roads and Drill Sites. Prior to the commence- ment of any oil and gas activity regulated herein, all private roads used for access to the site and the site itself shall be surfaced with crushed rock, gravel, or ore, or oiled and main- tained to prevent dust and mud. In particular cases, these re- quirements governing surfacing of private roads may be altered at the discretion of the Project Review Committee and/or the City Council after consideration of all circumstances, including, but not limited to the recommendation of the Technical Consultant and the following: (a) Distances from public streets and highways; distances from adjoining and nearby property owners whose surface rights are not leased by the Operator; (b) The purpose for which the property of such Owners is or may be used; (c) Topographical features; (d) Nature of the soil; and (e) Exposure to wind. (27) Fire ~revention~ Sources of Ignit%on. All electrical equipment used, installed or maintained within fifty (50) feet of a drilling rig or within twenty-five (25) feet of any other oil and gas activity shall be installed and maintained in accord- ance with all applicable state and municipal regulations. (28) Oil Storage Tanks. Unless otherwise directed by the Commission, all tanks used for the storage, production of oil, or the disposal of wastewater shall conform to the following: -29 Ordxnance No. 1652 (a) A.P.I. Specifications. Ail tanks shall con- form to American Petroleum Institute Specifi- cations unless other specifications are ap- proved by the Technical Consultant. (b) Dikes and Capacity Requirements. Ail persons owning, operating, or having control of stor- age tanks, clarifying tanks, or tanks used in connection with the oil and gas activity, shall conduct and maintain dikes around said tanks. Drainage dikes and walls shall be con- structed and maintained to meet the standards of the Commission and the National Fire Pro- tection Association as they presently exist or may hereafter be amended. (29) Tank Setbacks. Ail new tanks, including replacement tanks and permanent structures, shall be set back pursuant to the standards of the Commission and the National Fire Protection As- sociation as they presently exist or may hereafter be amended. (30) Portable Pulling Masts and Gin Poles--Removal Of. Ail well servicing equipment, including portable pulling masts and gin poles shall be removed from the leasehold, oil operation site, or drilling site within seven (7) days after completion of a well servicing operation. (3]) Storage of Equipment. (a) NO drilling, redrilling, reworking or other portable equipment shall be stored on the activity site which is not essential to the everyday operation of the activity located thereon. This includes the removal if idle equipment unnecessary for the operation of such wells. (b) Lumber, pipes, tubing, and casing shall not be left on the oil operation site except when drilling or well servicing operations are be- ing conducted on the site. (c) It shall be illegal for any person, owner, or operator to store or park any vehicle or item of machinery on any street, right-of-way, driveway, alley, or upon any oil and gas ac- tivity site which constitutes a fire hazard or an obstruction to or interference with 006 t.'; :' Ordinance No. 1652 fighting or controlling fires except that equipment which is necessary for the mainte- nance of the activity site or for gathering ortransportation of hydrocarbons from the site. It shall be the decision of the Fire Marshal as to whether any equipment on the site shall constitute a fire hazard. (32) Screening .and Landscaping. (a) All oil and gas activities located in urban or high-impact areas as defined by this ar- ticle shall be screened by a fence enclosure constructed of any material compatible with surrounding uses which effectively screens the activity site and is approved by the Project Review Committee and/or the City Council. (b) Ail fencing, material shall be of a solid neutral color compatible with surrounding uses and maintained in a neat, orderly, se- cure condition. Neutral colors shall include sand, grey, and unobtrusive shades of green, blue, and brown, or other colors approved by the Project Review Committee and/or City Council. (c) Within thirty (30) days of completion of drilling, redrilling, reworking or convert- ing, or within thirty (30) days of activation of an idle well, if such well is located in a high-impact or urban area as defined by this article, such well shall be screened by a fence enclosure which conforms to the re- quirements of this article and the regula- tions of the Commission. (d) Within sixty (60) days after completion of drilling, or redrilling, or within sixty (60) days after activation of an idle well, any oil operation site in a developed area, as defined in this article, shall be landscaped in con- formance with the plan approved by the Proj- ect Review Committee and/or City Council. Landscaping shall be required for any well which is in an urban or high-impact area. However, upon permanent renewal, if the City -31 Ordinance No. 1652 Planner or his delegate determines that the impact of the area has changed from rural to either high-impact or urban, screened fencing and landscaping shall be required within six- ty (60) days. (33) Abandoned Well Surface Requirements. Abandonment shall be approved by the City Engineer or his delegate, including any Technical Consultant retained by the City, after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements: (a) The derrick and all appurtenant equipment thereto shall be removed from drill site. (b) Ail tanks, towers and other surface installa- tions shall be removed from the drill site. (c) Ail concrete, piping, wood and other foreign materials regardless of depth, except surface casing, shall be removed from the drill site, unless otherwise directed by the Commission. (d) Ail holes and depressions shall be filled with clean compactible soil. Ail oil, waste oil, refuse or waste material shall be removed from the drill site. (34) Permit Period. (a) A permit shall be issued for one year. At the end of such time, it shall be updated by the filing of an application for renewal as pro- vided for herein. (b) An Applicant must re-apply during the permit period if a change of operations is proposed or takes place. (35) Renewal and Inspection. (a) An official designated by the City Manager shall inspect the operations site prior to the expiration of the permit, and shall report to the City Manager prior to the renewal of said permit as to compliance with this ordinance. (b) The operator shall apply for a renewal permit thirty (30) days prior to the expiration of a permit. An inspection and renewal fee of One -32 Ordinance No. 1652 Hundred Dollars ($100.00) shall be paid at the time of reapplication. (c) If no change in operations is proposed or has taken place, and inspection reveals compliance with this ordinance during the preceding per- mit period, the City Manager shall issue a re- newal permit. In all other events, the appli- cation for renewal shall be processed as an original application. (36) Violation. Any violation of this ordinance shall be punished by a fine of not less than Fifty Dollars ($50.00) to One Thousand Dollars ($1,000.00) subject to applicable state law. (37) Grounds for Suspension or Revocation. The City Manager may, in writing, suspend or revoke any permit issued under the provisions of this article upon finding any of the following: (a) A permittee has failed, neglected, or refused to perform and comply with the conditions of the permit. (b) That permittee has failed, neglected refused to comply with or abide by, or has in any way violated any of the provisions of this arti- cle, or of any other law, rule, order or regu- lation either directly or indirectly, by rea- son of or in connection with or incidental to his conduct of oil and gas operations. (c) If any of the permittee's operations or the continuance thereof upon the premises covered by the permit are a menace or hazard to public or private property, or to any interest of the City, or to the lives or safety of persons. (d) Any of the permittee's operations or the con- tinuance thereof upon the premises covered by the permit constitutes a public nuisance as described in this article. (e) If permittee shall have made any willful mis- representation of facts in any application for any such permit, or in any report or record required by this article to be submitted to the City. (f) Burning or allowing oil, gas, or other hydro- carbons to burn within the City limits. -33 Ordinance No. 1652 (38) Effect of Suspension of Revocation of Permit. No per- son shall carry on any operations performed under the terms of any permit during any period of permit suspension or revocation, or pending a judgment of the court upon any application for writ taken to review the decision or order of the City in suspending or revoking such permit; provided, however, that nothing therein contained shall be construed to prevent the performance of such operation as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, or violation for which the suspension or revocation of the permit was ordered, or such operation as necessary for the safety of persons or as re- quired by the Commission. (39) Appeals. In addition to the hearings provided for by this article, any person or entity whose drilling, redrilling, reworking, activating, converting or annual renewal inspection permit is revoked may, within thirty (30) days, file a written appeal to the City Council in accordance with the following pro- cedure: (a) The City Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discre- tion regarding the revocation of any permits issued hereunder or determination of the ex- istence of any idle well, as provided by this article. (b) An appeal shall be in writing and shall be filed with the City Secretary. The grounds for appeal must be set forth specifically and the error described by the appellant. (c) Within ten (10) days from and after the filing of the appeal, the City Secretary shall trans- mit to the City Council all papers involved in the proceedings. The City Secretary shall make and transmit to the City Council such supplementary reports as he may deem necessary to present the facts and circumstances of the case. Copies shall be mailed to the appellant ten (10) days prior to the hearing. Upon receipt of the records, the City Secre- tary shall place the matter on the City Coun- cil agenda for hearing and give notice by mail of the time, place and purpose thereof to ap- pellant, and any other party who has requested in writing to be so notified. No other notice need be given. -34 Ordinance No. 1652 (e) Upon the date for the hearing, the City Coun- cil shall hear the appeal unless, for cause, the City Council shall on that date continue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set. S. PUBLIC PARKS No wells shall be drilled in any public park unless authorized in accordance with State law. No well shall be drilled and no per- mit 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. T. VERIFICATION OF REPRESENTATION OF OWNERSHIP May also want to require evidence of title satisfactory to the City Council or City Manager. II. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be af- fected thereby. III. Ail ordinances or parts of ordinances in conflict here- with are repealed to the extent of the conflict only. IV. This ordinance shall become effective from and after its passage and publication in accordance with the City Charter of the City of College Station. -35 Ordinance No. 1652 PASSED, 1986. ADOPTED and APPROVED THIS 22nd DAY OF MAY APPROVED: LARRY J. ATTEST