Title 5 - Business Licenses and Regulations

5.51.010 Findings.

The City of Overland Park, Kansas, hereby finds and declares as a matter of public policy, that the extraction of the oil and gas resources from lands within the City's corporate boundaries as a temporary activity is required in the interest of the energy and resource needs of the City, state, region, and nation, but that uncontrolled drilling and production would be detrimental to the public health, safety, comfort, convenience, prosperity, and general welfare.

(History: Ord. OG-1165 §1, 82)

Effective on: 1/1/1901

5.51.020 Purpose.

The purposes of this ordinance are to establish uniform and reasonable limitations, safeguards, and controls as necessary:

1. A.
   To assist the local, state, regional, and national demand for oil and gas resources.
2. B.
   To aid those owners of land in the economic utilization of the land until growth and development progresses into the area.
3. C.
   To protect existing residential and commercial from incompatible activities.
4. D.
   To provide for the orderly growth and development of lands consistent with the Master Plan.
5. E.
   To minimize any risks to the public health, safety, comfort, convenience, and prosperity, and general welfare.
6. F.
   To avoid undue liability for the City, its residents, and businesses.
7. G.
   To maintain the City's character and economic vitality.
8. H.
   To insure that oil and gas development do not hinder the growth and growth potential of the City.

(History: Ord. OG-1165 §2, 82)

Effective on: 1/1/1901

5.51.030 Definitions.

The following terms as used in this chapter shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth. These definitions supplement those contained in Section 1.04.010.

To the extent that these definitions may conflict with those contained in 1.04.010, these definitions shall control:

5.51.040 Permits Required.

Except as otherwise provided herein, no person shall initiate, commence, carry out or cause to be carried out any drilling or abandonment of a well and appurtenances until and unless a Special Use Permit has been secured under O.P.M.C. 18.370 and a permit has been issued by the Code Official pursuant to this chapter and other applicable laws of the City.

(History: Ord. ROCR-2245 §4, 2001; OG-1165 §4, 82)

Effective on: 1/1/1901

5.51.050 Permit Procedure.

1. A.
   Applications.

   1. 1.
      Exploratory Drilling. The applicant shall file an application for a permit to explore for oil and/or gas on forms furnished by the Code Administrator. The application shall include and be accompanied by the following:

      1. a.
         The names, addresses, and phone numbers of the applicant, the operator and owner.
      2. b.
         A location map, at a scale of not less than one inch = 2000 feet and/or a location detail map at a scale determined by the Code Administrator, showing the lease and its relationship to existing subdivisions, community facilities, public ground, commercial areas, and the 100-year floodplain.
      3. c.
         A boundary survey, for the lease, of the third order accuracy (maximum closure error of one foot in 5000 feet) with bearings and distance referenced to section or fractional section corners or other baseline along with all other information necessary to be readily reproducible on the ground and a site plan of the drilling area or some lesser area identified by the applicant showing all structures within 300 feet of the drilling area or the lesser area including:

         1. 1.
            The location, use, and width of all easements for the lease;
         2. 2.
            The location of lots, streets, and alleys;
         3. 3.
            The general location and character of surface storm drainage;
         4. 4.
            The location of any waterway;
         5. 5.
            The exact location and elevations of the 100 year flood elevation for the lease;
         6. 6.
            The existing and proposed contours at intervals of not more than five feet;
         7. 7.
            The location of woody vegetation and such other topographic features as may be pertinent to the lease;
         8. 8.
            A north arrow, scale, date, revision, and amendment dates and certification by a registered land surveyor or civil engineer acknowledging that the survey was made by him.
      4. d.
         Photographs of the lease and surrounding area, sufficient in type and number to evaluate any land disturbances and need for restoration activities and to assist in any evaluation of any permit.
      5. e.
         Statements of Assurance for compliance with all Federal, State, and local laws.
      6. f.
         Proof of compliance with KSA Chapter 55-128.
      7. g.
         Fire Prevention and Protection Plan in conformity with 5.51.060F.
      8. h.
         A Spill Prevention Control and Countermeasures Plan in conformity with 5.51.060G.
      9. i.
         A list of the additional requirements imposed by the special use permit.
      10. j.
          A statement of safety for operations and equipment.
      11. k.
          Such other information which the Code Administrator deems essential to a determination regarding the issuance of a permit and which information request is consistent with the intent purpose of this Chapter or 18.370.
      12. l.
          A Certificate of Insurance in conformity with 5.51.100.
      13. m.
          Cash or corporate surety bond(s) in conformity with 5.51.110.
      14. n.
          The intended exploratory well location(s) in conformity with 5.51.060A.
      15. o.
          The permit fee in conformity with 5.51.180.
   2. 2.
      Production Drilling. The applicant shall file an application for a permit to produce oil or gas from a well(s), or to engage in any drilling activities intended to facilitate production, or to drill a disposal well, or to convert an existing well to a disposal well or to convert an existing well to a water well on forms furnished by the Code Administrator. The application shall include and be accompanied by the following:

      1. a.
         A new or amended site plan which identifies the precise location and dimensions for the producing or injection wells, and all appurtenances, including but not limited to the tank battery, pipes, fences, and dikes.
      2. b.
         A grading plan showing existing and proposed contours.
      3. c.
         Statements of Assurance for compliance with all Federal, State, and local laws.
      4. d.
         A new or amended Fire Prevention and Protection Plan.
      5. e.
         A new or amended Spill Prevention Control and Countermeasures Plan.
      6. f.
         A statement of safety for operations and equipment.
      7. g.
         A Certificate of Insurance in conformity with 5.51.100.
      8. h.
         Cash or corporate surety bond(s) in conformity with 5.51.100.
      9. i.
         Such other information as is deemed, by the Code Administrator, essential to a determination about the issuance of a permit and which information request is consistent with the intent and purpose of this Chapter or 18.370.
   3. 3.
      The permit fee in conformity with 5.51.180.
2. B.
   Application Review Process. The Code Administrator shall transmit for review and comment, copies of the proposed drilling or production wells and appurtenances, accompanied by the pertinent information to the Transportation Department, the Fire Department, or other appropriate agencies.
3. C.
   Approval/Denial. Upon acceptance of the application and receipt of the process filings, the Code Administrator shall review the application for sufficiency and compliance with the requirements of this Chapter. If any deficiencies are found or additional information required, the Code Administrator shall notify the applicant in writing; otherwise, the application shall be approved or denied.
4. D.
   Effect and Limitations. Approval of the exploration permit authorizes the applicant to proceed with all associated and necessary activities to achieve discovery of oil and/or gas in compliance with the permit and any conditions attached thereto, but such approval does not constitute authorization to proceed with activities associated with production.

Approval of a production permit authorizes the applicant to proceed with all associated and necessary activities to commence production, or to enhance production by injection, or to drill and dispose of brines and mineralized waters, in compliance with the permit and any conditions attached thereto.

Approval of any permit is limited to the well(s) on which the required information is provided and approved.

Approval of any permit shall not be construed nor is intended to imply that associated activities or industries, such as refineries, dehydrating or absorption plants, are permissible.

Approval of any permit shall not be construed nor is intended to imply that a storage facility for any equipment other than that equipment which is reasonably related and incidental to the drilling and production for that lease is permissible.

Denial of any permit shall prohibit any drilling or production related activities from being initiated or carried out.

(History: Ord. OG-2448 §1, 2003; ROCR-2245 §5, 2001; OG-1165 §5, 82)

Effective on: 1/1/1901

5.51.060 Requirements.

The following requirements are the minimum acceptable standards, adopted by the City to which an applicant shall adhere in submitting or amending an application for an exploratory or production drilling permit or in evaluating and revising an existing permit:

1. A.
   Well Location(s)- Precise identification of exploration wells prior to their being drilled will not usually be necessary to fulfill the intent and purpose of 18.370 Special Uses, provided, however, that an application for exploration shall provide the Code Administrator with sufficient locational information for determining the well's compliance with this Chapter and the special use permit.
2. B.
   Site Plan- An amended site plan shall be provided by the applicant and shall contain a certified survey, for the well location, by a registered land surveyor or civil engineer within 30 days of each well's completion.
3. C.
   Completion Report- Within 10 days after completion of the well, a report indicating the status of the well as being oil, gas, dry, injection, or disposal shall be filed with the Code Administrator on a form furnished by the Code Administrator.
4. D.
   Inspections Required. The Code Administrator shall, in addition to responding to complaints about wells, perform the following inspection to determine conformance with the approved plans and conditions and requirements of this Chapter and the special use permit, and to determine whether additional requirements are necessary to protect the public health or safety:

   1. 1.
      An inspection during the exploratory drilling operations;
   2. 2.
      An inspection after the well is completed and the production equipment, including wellhead, pipes, tanks, dikes, are being or have been installed but before production has commenced;
   3. 3.
      An annual inspection; and
   4. 4.
      An inspection following abandonment of the well.
   5. 5.
      Other than the annual inspection, the applicant shall provide adequate notice to the Code Administrator of the three aforementioned stages to insure compliance and avoid unnecessary delay.
5. E.
   Authorization to Enter. The Code Administrator is authorized and directed to enter lands on which a special use permit for oil and/or gas has been granted for the purpose of carrying out inspections, routine or non-routine, and to perform any work or act required by this Chapter on the special use permit. Such entry shall be in compliance with 1.08.010, whether for inspection or performance of work, except in case of emergency, or if the consent of the permittee has otherwise been obtained.
6. F.
   Fire Prevention and Protection Plan. The guidelines in this section establish the process and the minimum standards in the preparation, review, and implementation of a Fire Prevention and Protection Plan and are, in addition to any existing and local law, policies and procedures, such plan guidelines pertain to health, safety, environmental protection, in addition to fire prevention, to minimize the potential hazards associated with the drilling for oil and gas and the storage of oil, and to control and eliminate any fire or risk of fire as promptly as possible. Any plan should therefore reflect a level of detail commensurate with the risk posed to persons, property, and the community welfare.

   1. 1.
      Plan Required. Any and all owners or operators that have received a special use permit to drill for oil and gas shall prepare a Fire Prevention and Protection Plan or amendment in accordance with this section as part of the application process for a drilling permit.
   2. 2.
      Plan Preparation. The applicant shall submit a plan to the Code Administrator for review and such plan should include safety procedures and equipment used by the applicant, the type of drilling and its relationship to nearby structures and activities, and a contingency plan should a fire occur.
   3. 3.
      Plan Review. The Code Administrator shall review and approve such plans and amendments for compliance with this Chapter and Title 16 of the Code.
   4. 4.
      Plan Amendment. Amendments shall be made to the plan as necessary to retain a comparable level of safety for any change, addition or intensification of drilling or production activities, whether in design location, construction, installation, operation, or maintenance.
   5. 5.
      Plan Implementation. The applicant shall implement any such approved plan and amendment for the design, location, construction, installation, operation, and maintenance of all equipment related to drilling or production.
   6. 6.
      Plan Evaluation and Revision. An applicant shall review and evaluate the plan at least once every five years and make such revisions as are necessary to include more effective prevention and control technology if:

      1. a.
         Such technology will significantly reduce the likelihood of a fire or fire hazard, and;
      2. b.
         If such technology has been field proven at the time of review.
   7. 7.
      Plan Standards. Except as provided herein the standards for design, location, construction, installation, maintenance and operation of all plumbing and electrical or other equipment shall be in accordance with 16.120, 16.130, 16.140, 16.150 and 16.160 of the Code. The Fire Prevention and Protection Plan shall include the following:

      1. a.
         Waste control and combustible materials:

         1. 1.
            No person shall allow or cause to be allowed the discharge of any liquid containing crude petroleum or its products into or upon any streets, public highway, drainage channel, or ditch, storm drain, or flood control channel.
         2. 2.
            No person shall allow or cause to be allowed any oil, waste oil, refuse, or waste material to be on the surface of the ground whether under, around, or near any well, pump, boiler, oil storage tank, or building.
         3. 3.
            All land within 25 feet of any oil well, flammable liquid tank, or other appurtenance to any such well, shall at all time remain free and clear of dry weeds, grass, rubbish or other combustible debris.
      2. b.
         Sources of Ignition. In locations where flammable vapors may be present, precautions shall be taken to prevent ignition by eliminating or controlling sources of ignition. Sources of ignition may include open flame, internal-combustion engines, lightning, smoking, cutting and welding, hot surfaces, frictional heat, spark (static electrical and mechanical) spontaneous ignition, chemical and physical-chemical reaction, and radiant heat. Such precautions shall include but are not limited to the following:

         1. 1.
            Smoking- No person shall smoke nor cause, permit, or allow another person to smoke within 50 feet of any well, tank, or area contaminated by oil or waste gas, except in those posted areas designated by the Code Administrator.
         2. 2.
            Soundproofing Material- If soundproofing material is required during drilling operation, such material shall be noncombustible, provided that fire retardant treated materials may be used and maintained as approved by the Code Administrator.
         3. 3.
            Drilling Equipment- All engines used during drilling operations shall use accepted methods to prevent the escape of flames, sparks, and ignited carbon.
         4. 4.
            Production Pumps- All pumps used for the production of oil shall be electrically powered, which power shall not be generated on the lease (unless otherwise impractical).
      3. c.
         Location. No well shall be drilled or appurtenances placed within 165' of a habitable structure or place of public gathering, nor shall any habitable structure or place of public gathering be placed within 165' of any well or appurtenances.
      4. d.
         Contingency Plan. All drilling permit applicants shall submit an emergency procedures plan. The plan shall be designed to minimize and be commensurate with the risk to persons, property, and the community welfare from a fire or fire hazard by having available or having procedures and access to person and equipment capable of controlling and eliminating the fire or fire hazard. Such procedures shall be posted at the drilling or production site.
7. G.
   Spill Prevention Control and Countermeasures Plan. The guidelines in this section establish the process and minimum standards for the preparation, reviewing, and implementation of a Spill Prevention Control and Countermeasures Plan and are in addition to any requirements of K.S.A. Chapter 55, or any regulations thereunder, 40 C.F.R. 112, or Title 16 of the Code. Such guidelines pertain to health, safety, environmental protection, and fire prevention to minimize the potential for oil discharge and to control and remove such oil discharges should they occur and any such plan should reflect a level of detail commensurate to the risk posed to persons, property, and community welfare.

   1. 1.
      Plan Required- Any and all owners or operators that have received a special use permit to drill for oil and/or gas shall prepare a Spill Prevention Control and Countermeasures Plan or amendment as part of the application process for a drilling permit.
   2. 2.
      Plan Preparation- The applicant shall have a registered professional engineer review and certify such plan and any amendments and attest that the Spill Prevention Control and Countermeasures Plan has been prepared in accordance with this Chapter and good engineering practices.
   3. 3.
      Plan Review- The Code Administrator shall review and approve such plans and amendment for compliance with this Chapter and Title 16 of the Code.
   4. 4.
      Plan Amendment- Amendments shall be made to the plan as necessary to retain a comparable level of safety for any change, addition, intensification of drilling or production activities whether in design, location, construction, installation, operation, or maintenance.
   5. 5.
      Plan Implementation- The owner or operator shall implement such approved plan and amendment for the design, location, construction, installation, operation, and maintenance of all equipment related to the drilling and production of oil.
   6. 6.
      Plan Evaluation and Revision- An owner or operator shall review and evaluate, at least once every five years, their plan and make such revisions as are necessary to include more effective prevention and control technology if:

      1. a.
         Such technology will significantly reduce the likelihood of a discharge, and;
      2. b.
         If such technology has been field proven at the time of review.
   7. 7.
      Plan Standards- Except as provided herein, the standards for design, location, construction, installation, maintenance and operation of all plumbing, electrical equipment, storage tank or other equipment shall be in accordance with 16.120, 16.130, 16.140, 16.150 and 16.160 of the Code and good engineering practices. The Spill Prevention Control and Countermeasures Plan shall include the following:

      1. a.
         Containment and/or Diversionary Structures. In order to prevent discharge oil from dispersing, whether from an oil rush, rupture, or other occurrence, the following may be used:

         1. 1.
            Dikes, berms, or retaining walls sufficiently impervious to contain spilled oil;
         2. 2.
            Curbing;
         3. 3.
            Culverting, gutters, or other drainage systems;
         4. 4.
            Weirs, booms, or other barriers;
         5. 5.
            Emergency spill diversion pond (not a sump);
         6. 6.
            Sorbent materials;
         7. 7.
            Such containment may be temporary in nature for the drilling, but shall be modified for production operations to provide the necessary protection.
      2. b.
         Drainage of Rainwater. Provision shall be made for draining water from any diked area. Drainage into a storm drain or an effluent discharge that empties into an open water course may be acceptable if:

         1. 1.
            The bypass valve is normally closed;
         2. 2.
            Inspection of the runoff rainwater ensures compliance with the applicable water quality standards;
         3. 3.
            The bypass valve is opened and resealed following drainage under responsible supervision. Otherwise, the accumulated rainwater and oil should be picked up and returned to storage or disposed of in accordance with Federal and State environmental water quality regulations.
      3. c.
         Transfer of Oil. Except as herein provided all pipes, valves, and fittings shall comply with Title 16 of the Code.
      4. d.
         Safety and Security

         1. 1.
            All oil well production equipment having external moving parts hazardous to life or limb shall be fenced with the gates being secured when the owner or operator's personnel are not present.
         2. 2.
            All storage facility tanks shall have hatches, sized or otherwise, secured so as to prevent entrance by a child into the tank.
         3. 3.
            Facility lighting should be commensurate with the type and location of the facility. Consideration should be given to:

            1. a.
               Adjoining habitable structures;
            2. b.
               Discovery of a spill occurring through darkness;
            3. c.
               Prevention of spills occurring through vandalism.
   8. 8.
      General Environmental Standards

      1. a.
         Noise- All related activities not on the tract, such as transporting of oil and maintenance, should occur in such a manner as to minimize noise and obtrusiveness to the surrounding community.
      2. b.
         Air- The permittee should employ all reasonable efforts to minimize odor beyond the drilling and storage site by monitoring the mud, sealing of pumps, tanks, or ventilation stacks.
      3. c.
         Water:

         1. 1.
            All brines and mineralized waters, liquids with oil content, sand or sorbent materials with oil, disposal or other waste products produced in connection with drilling, testing, cleaning, swabbing, reworking, or operating of an oil, gas, or disposal well shall be containerized in water tight vessels and disposed of according to K.S.A. Chapter 55, Articles 9 and 10, and K.S.A. 55-121, or any amendments thereto.
         2. 2.
            Earthen sumps or slush pits are prohibited.
         3. 3.
            In addition to the requirements of this Chapter, all drilling and production permits are subject to the requirements of 18.360 of the Code, regarding floodplains.

(History: Ord. OG-2448 §2, 2003; NOI-2287 §8, 2001; ROCR-2245 §6, 2001; OG-1165 §6, 82)

Effective on: 1/1/1901

5.51.070 Additional Requirements.

If at the time of application for a permit, or after drilling or production has commenced, the Code Administrator determines that additional requirements consistent with the intent and purpose of this Chapter, 18.370 Special Uses, and any condition attached to the special use permit are required to promote and protect the public health and safety, the Code Administrator may impose additional requirements as he deems appropriate, including but not limited to a blowout preventor, fire retardant enclosures, and fire suppression equipment.

(History: Ord. OG-2448 §3, 2003; OG-1165 §7, 82)

Effective on: 1/1/1901

5.51.080 Abandonment.

To insure that all land used for drilling and production is restored to a condition which will not inhibit or adversely affect the health, safety, and welfare of the community, the following requirements shall be applicable and, except as provided, are in addition to KSA 55-128 and 132: KAR 82-303 through 307, and any amendments thereto.

1. A.
   Removal- All drilling equipment incidental to well's production shall be removed from a lease within 30 days after cessation of drilling activity for which a permit was sought and approved under this chapter.
   All production related equipment shall be removed from a lease within 60 days after production of a well has ceased, unless such equipment is actively in use for production activities of the lease or is being installed with due diligence for use on the lease.
2. B.
   Plugging- Any well which is to be abandoned shall be plugged by cementing the well from bottom to a depth of six feet below grade after the oil well casing is removed or cut to six feet below grade.
3. C.
   Restoration- All land which is disturbed during drilling or production shall be returned as near as practicable to original grade and stabilized as soon as practical to prevent soil erosion and any reserve pit shall be drained and backfilled, prior to being stabilized.
4. D.
   Time- Any and all wells shall be in production or abandoned within 180 days from the time drilling commences.

(History: Ord. OG-1265 §8, 82)

Effective on: 1/1/1901

5.51.090 Existing Wells.

Any lawful nonconforming well within the City as of the date of passage of this ordinance or amendments thereto, or of any well hereafter annexed within the City limits, may continue under Title 18 of the Code as nonconforming use provided; however, such use shall to the extent practical, comply with this chapter, except when compliance would be impossible.

(History: Ord. OG-1265 §9, 82)

Effective on: 1/1/1901

5.51.100 Insurance Required.

1. A.
   At the time of application for a permit required by this chapter, the applicant shall file with the City Code Administrator a copy of the Certificate(s) of Insurance provided by the Code Administrator, approved by the City Attorney, and issued by a reputable insurance company currently authorized to do business in the State of Kansas and maintaining a Best policyholder rating of B+ or better and a Best's financial rating of Class VIII or better. The Certificate or Certificates shall evidence current insurance of the owner and operator conditioned for the payment of all claims stemming from injury to persons or damage to property arising out of an act or omission of the owner, operator, their agents, employees or independent contractors resulting from the drilling or production of the proposed well or any structure, machinery, equipment, pipeline, or appurtenances used therewith, in a minimum amount of Five Million Dollars ($5,000,000) of comprehensive general liability and One Million Dollars ($1,000,000) of automobile liability. The owner and operator must each provide proof of insurance in the minimum amount outlined above but may do so by providing either individual policies or by being named as an additional insured on the policy of the other.
   The policies and Certificate shall name the drilling company, owner, operator, including their agents and employees, and the City of Overland Park, Kansas, as an additional insured and shall provide that 30 days' advance written notice be filed with the Code Administrator prior to any change in or cancellation of the policies of insurance. The general liability insurance shall be written in comprehensive form and shall include coverage for premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, independent contractors, person injury, underground equipment and resources, blowout and cratering hazard, and contamination or pollution hazard when sudden and accidental. The automobile liability shall be written in comprehensive form and shall include coverage for owned, hired, and non-owned vehicles.
2. B.
   The permittee, upon receipt of notice of any claim in connection with any of his operations, shall promptly notify the Code Administrator with full details thereof including an estimate of the amount of loss or liability. The permittee shall promptly notify the Code Administrator of any impairment or reduction of primary or umbrella coverage in excess of $10,000 whether or not such impairment of liability came about as the result of operations within the City of Overland Park. In the event, after notice of loss, if the Code Administrator shall determine that the permittee's aggregate umbrella or primary coverage has been impaired of reduced to such an extent that the Code Administrator shall determine such limits inadequate for the balance of the permit term, the permittee shall upon the notice from the City promptly reinstate the original limits liability required hereunder and shall furnish evidence thereof to the Code Administrator in a form satisfactory to him.
3. C.
   Worker's Compensation and Employers' Liability insurance shall be provided to protect permittee against all claims under applicable state workers' compensation laws. The permittee shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of the workers' compensation law. The policy shall include the broad form all states endorsement. Liability limits shall not be less than the following:
   
   Workers' Compensation:
   Statutory Employers' Liability; $100,000 each accident.

(History: Ord. OG-1165 §10, 82)

Effective on: 1/1/1901

5.51.110 Bonds Required.

1. A.
   At the time of application for any permit required by this Chapter, the applicant shall furnish to the City cash or a corporate surety bond in the sum of $10,000 for each well, or cash or a corporate surety bond in the sum of $50,000 for all wells within the property for which a special use permit has been granted in accordance with 18.370. Any bond shall be executed by the applicant as principal and by a surety company as surety and conditioned that the principal shall faithfully comply with all applicable provisions of the Code and all regulations of the State of Kansas. Any surety company executing a bond hereunder shall be authorized to do business within the State of Kansas and shall be included in the current Federal Register's listing of acceptable sureties on federal bonds. The bond shall secure the City against all costs, charges, and expenses incurred by it by reason of the failure of the principal to fully comply with the applicable provisions of this Code or regulations of the State of Kansas. The bond shall include the correct name or number of the well(s) and such other information as may be necessary to readily identify the well(s).
2. B.
   Cancellation of Bond

   1. 1.
      The principal or surety may cancel the bond required pursuant to 5.51.110A effective on any anniversary date of said bond, by giving written notice of intent to cancel to the Code Administrator and to the other party (principal or surety) not less than 120 days prior to said anniversary date.
   2. 2.
      In the event that a cancellation notice pursuant to paragraph A above is given, the principal shall, not less than 60 days prior to the anniversary date of the bond, furnish a substitute surety bond or cash complying with the provisions of 5.51.110A to the City, or alternatively, the principal shall, not less than 60 days prior to the anniversary date of the bond, abandon the well and comply with all requirements of this Code and all regulations of the State of Kansas relating to abandonment.
   3. 3.
      Failure on the part of the principal to satisfy the requirements of paragraph B above shall constitute a default, and the Code Administrator shall give notice of default in the manner provided in 5.51.120.

(History: Ord. OG-2448 §4, 2003; OG-1165 §11, 82)

Effective on: 1/1/1901

5.51.120 Default.

Whenever the Code Administrator finds that a default has occurred in the performance of any requirement imposed by this Code, or of any condition imposed by a permit or special use permit, written notice shall be given to the applicant and, if a surety bond has been furnished pursuant to 5.51.110A, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Code Administrator to be reasonably necessary for the completion of such work. After receipt of such notice, the applicant or surety shall either cause or require work to be performed within the time therein specified, or failing therein, shall pay over to the Code Administrator the estimated cost of doing the work as set forth in the notice. Upon receipt of such monies, the Code Administrator shall proceed in such manner as is deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred.

(History: Ord. OG-1165 §12, 82)

Effective on: 1/1/1901

5.51.130 Transference.

Any permit may be transferred except when the transference is the result of the death of the permittee or when the transference is the result of a judgment rendered by a court of competent jurisdiction, subject to the following conditions:

1. A.
   Written notice shall be required at least 10 days prior to such transfer;
2. B.
   The transferee shall post the required cash or bonds and provide satisfactory evidence of insurance in conformance with this chapter, prior to such transference and such cash or bonds and insurance shall become effective before or at the time of transferences; and
3. C.
   The transferee shall submit new assurances in conformance with this chapter.

(History: Ord. OG-1165 §13, 82)

Effective on: 1/1/1901

5.51.140 Appeals.

Any and all appeals of administrative determinations, including interpretations and permit modifications for additional requirements, shall be taken by the affected person(s) to the Code Board of Appeals created pursuant to 16.100 and shall comply with the rules and procedures set forth for that Board. Provided, however, that the Code Board of Appeals shall have no authority to amend, modify, alter, or eliminate any condition imposed by the special use permit.

(History: Ord. ROCR-2245 §7, 2001; OG-1165 §14, 82)

Effective on: 1/1/1901

5.51.150 Suspension.

In addition to other remedies provided, the Code Administrator is authorized and directed to suspend any drilling or production activity, in whole or in part, for failing to comply with the requirements of the laws, policies, procedures of this chapter, and the City. Such action shall only occur when, after appropriate notice and opportunity to be heard, the owner or operator has failed to comply or has not appealed the Code Administrator's decision except:

1. A.
   The Code Administrator may suspend any or all operations immediately and during the appeal if the risk to the public health or safety warrants, otherwise, an appeal shall stay the suspension.
2. B.
   Unless appealed, the Code Administrator shall determine the actions necessary to bring the activity into compliance and/or out of suspension.
3. C.
   When 30 days prior to an intended transfer's effective date, a good and sufficient bond and insurance in compliance with this chapter has not been submitted and approved, or when the transference is due to the death of the permittee, or when the transference is the result of a judgment rendered by a court of competent jurisdiction, any such drilling or production activities shall be suspended and suspended in such a manner as to avoid the creation of risk of injury to persons, property, and liability for the City, and such suspension shall remain in effect until the permit is transferred or the well is abandoned, pursuant to this chapter.

A suspension shall prevent the tolling of time for removal under 5.51.080A.

(History: Ord. OG-1165 §15, 82)

Effective on: 1/1/1901

5.51.160 Revocation.

In addition to other remedies provided, the Code Administrator is authorized to revoke any permit or other approval, in whole or in part, issued under the provisions of this chapter in a case of any false misrepresentation or statement of fact in the application or amendments on which the permit was based.

(History: Ord. OG-1165 §16, 82)

Effective on: 1/1/1901

5.51.170 Enforcement Action.

1. A.
   General- The Code Administrator shall be responsible for the enforcement of this chapter.
2. B.
   Violation and Penalties- The violation of any provision of this chapter is a public offense and any person convicted thereof shall be punished in accordance with the provisions of 1.12.010. Each day any violation continues to exist shall constitute a separate offense.
3. C.
   Other Remedies- Nothing contained in this section shall limit or preclude the City from pursuing and instituting any and all other appropriate actions or proceedings to prevent, restrain, correct, or abate such violations, including but not limited to, civil actions for injunction or declaratory judgment.

(History: Ord. OG-1165 §17, 82)

Effective on: 1/1/1901

5.51.180 Fees.

The fee for any permit or inspection shall be established by resolution of the City Council and a copy of such current resolution shall be available for inspection in the office of the City Clerk.

(History: Ord. OG-1165 §18, 82)

Effective on: 1/1/1901