Title 5 - Business Licenses and Regulations

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