Chapter XVI · Zoning and Planning

ARTICLE 4. DRILLING OF OIL, NATURAL GAS OR OTHER HYDROCARBONS

Sections 16-401 to 16-414 · 14 sections

16-401 Definitions.

(a)A “well” or “wells” for the purposes of this ordinance means any well drilled, or to be drilled, or used, for the production of oil, natural gas, other hydrocarbons or the disposal of waste liquids produced therefrom.

(b)“Oil” means crude oil or petroleum and shall include all waste oil.

(Ord. 719; Code 2012)

16-402 Drilling prohibited except in oil and gas well district.

Well drilling shall be prohibited in all areas within the corporate limits of the city except those areas dedicated to agricultural or industrial land uses and residential tracts of sufficient size to meet the required setbacks provided in section 16-404 of this article. It is unlawful to drill a well in any area not permitted.

(Ord. 719; Code 2012)

16-403 Special permit and drilling permit required.

It is unlawful for any person to drill or commence operations for the drilling of a well, at any place where otherwise lawful within the corporate limits of the city without first having obtained a special permit from the Board of Zoning Appeals.

(Ord. 719; Code 2012)

16-404 Location of wells.

Each well commenced or drilled in the corporate limits shall, be drilled at such location as determined by the Board of Zoning Appeals at the time of granting a special permit as deemed appropriate in light of the location of streets, alleys, residences and other buildings relative to the proposed drill site, geographical and topographical factors, and the size and shape of the unit and available areas; provided, however, that the well location shall otherwise be in accordance with the provisions of section 16-402.

No well shall be drilled nor shall any tank batteries, facilities or equipment be located nearer than 300 feet to any dwelling or other building intended for occupancy. No well shall be drilled nor shall any tank batteries, facilities or equipment be located nearer than 600 feet to any building intended for a gathering of fifty or more persons. The approved location of the well shall be described in the permit.

(Ord. 719; Code 2012)

16-405 Drilling permit; filing application with zoning administrator; deposit.

An applicant, shall file with the Zoning Administrator an application for a drilling permit in writing conforming to the further provisions of this chapter, and shall at such time deposit with the Zoning Administrator a fee of five hundred dollars ($500), which shall, upon the granting of the drilling permit, be paid into the city treasury to the credit of the City of Goddard general operating fund.

(Ord. 719; Code 2012)

16-406 Same; information and evidence to be submitted as condition for granting permit.

The applicant for any permit to drill a well in the city shall submit the following information and evidence as a condition for the granting of a drilling permit hereunder:

(a)Evidence that all owners of record of mineral interests or oil and gas leasehold interests in the area attributable or which might be attributed by unitization or declaration to drill-unit, where it is proposed to drill a well, evidence that all owners of record have had an opportunity to join in the execution of the oil and gas lease of the applicant covering the land excluded in such unit or attributed areas, and that such owners of mineral interests or oil and gas leasehold interests have been notified in writing that the applicants propose to seek a permit for the drilling of a well on the unit described in such notice. In the event that such owners cannot with reasonable diligence be located, then affidavits setting forth the facts thereof may be substituted for the required proof of written notice;

(b)Statements that the applicant has a valid oil and gas lease executed by persons owning at least fifty-one percent of the mineral interest included in the unit or attributed thereto, exclusive of streets and alleys, subject, however, to the provisions of the zoning ordinances relating to drilling of wells;

(c)Agreements or statements showing reasonable and adequate plans for the handling and disposal, in accordance with all applicable state laws and city ordinances, of all drilling fluids, basic sediment, brines and other deleterious substances and wastes that may be produced in connection with the drilling and operation of the proposed well;

(d)Plans and drawings showing the facilities for the handling or storing of production of the proposed well;

(e)Statements of agreement that in the event the well is either nonproductive or abandoned, within sixty days after the determination thereof, that all tools, equipment, and machinery used in connection with the drilling of the well shall be removed, and that the premises shall be fully restored to their original condition as soon as practicable and in no case more than sixty days after such determination;

(f)Statements of agreement that if such well is productive, only the tools, machinery, structures and equipment necessary for the operation thereof shall be maintained at such well and that the premises surrounding the same shall be restored to their original condition as nearly as practicable and within sixty days after completion of the well;

(g)Statements of agreement that all drilling wastes shall be removed from storage facilities within thirty days of completion of the well.

(Ord. 719; Code 2012)

16-407 Indemnity or casualty insurance required.

The applicant for a drilling pemit shall submit a policy of indemnity or casualty insurance, issued by some responsible insurance company authorized to do business in the state, and naming the city as coinsured, insuring against injuries, loss or damage for which the applicant may be liable as the result of the drilling, operation or maintenance of any well or any structure or machinery appurtenant thereto. Such insurance coverage shall be in the following amounts: five hundred thousand dollars for injury to anyone person in any occurrence; five hundred thousand dollars for injury to more than one person in any occurrence; one hundred thousand dollars for loss or damage to property in anyone occurrence; and additional excess coverage in the amount of two million dollars.

A copy or certificate of the policy shall be deposited with the city clerk, together with a certificate by the insurance company that such insurance is in force and shall not be canceled without thirty days’ written notice thereof to the city. Such insurance shall be renewed immediately prior to the end of the term thereof and shall be maintained during the entire period of drilling or operation of a well.

(Ord. 719; Code 2012)

16-408 Specific drilling and production regulations.

The Board of Zoning Appeals shall condition the issuance and continued validity of a permit and the authorization for the drilling or operation of a well, authorized thereby, upon compliance by the permittee with the following rules and regulations and any departure therefrom shall constitute a violation of this article:

(a)The surface pipe must be run and set at least ten feet into the Wellington Shale and in no event less than three hundred feet into the ground.

(b)The surface pipe must be solidly cemented from top to bottom on the outside of the pipe.

(c)Adequate precautions shall be taken and necessary well head safety devices be used at all times during the drilling and completion of the well; and all drill stem tests shall be reverse circulated to confine fluids to pits in accordance with the most acceptable practices.

(d)Locations and equipment shall at all times during drilling operations be fenced by either a temporary portable type snow fencing at least four feet high or other fencing equally acceptable.

(e)Upon completion of a well, the pumping unit, tank battery and other pem1anent production equipment shall be enclosed in accordance with the special permit approved by the Board of Zoning Appeals.

(f)All drilling fluids shall be contained in portable tanks at the drilling site.

(g)All waters produced from any well shall be disposed of underground in accordance with regulations of the Kansas Corporation Commission or the state board of health.

(h)At no time shall fluids of any kind be run into or stored in earthen pits. No saltwater or other waste fluids shall be disposed of in waterways or the sanitary sewer system unless approved by the Zoning Administrator.

(i)All pumping units shall be set on a steel or concrete base and the surface of the ground around the well shall be graded to surrounding ground.

(j)All pumping units must be electrically driven and equipped with belt safety guards.

(k)All oil separator, petroleum and brine storage tanks shall be covered. No gas, odors, fumes from any storage tank, oil separator or casing head shall be vented into the open air without being filtered through a pollution control device containing activated carbon. Such devices shall be maintained on a scheduled basis to maintain their effectiveness. Burning of gases or fumes by use of flares from wells or storage facilities is prohibited.

(l)All storage tanks shall be located within a diked area not less than two feet in height covering an area sufficient to contain and hold one and one-half times the entire liquid capacity of all tanks therein. Rainwater or other fluids shall not be allowed to accumulate within the dikes and shall be removed periodically. Unless tested and approved for disposal by sanitary sewer, the fluids shall be considered as contaminated and disposed of in accordance with regulations of the Kansas Corporation Commission or the state board of health.

(m)All production equipment, structures and premises shall at all times be maintained and kept in a clean, sanitary and tidy condition; and all structures shall be of incombustible materials.

(n)Storage tanks shall be equipped with automatic shut-off devices linked to the fluid level in the tank to prevent overfilling and spillage. In addition, a single overflow tank shall be provided to contain the overflow from the oil or brine storage tanks in the event that the shutoff device fail. The capacity of the overflow tank shall be sufficient to hold twenty-four hours’ production from the well or wells.

(o)The owners and operators of drilling, pumping or storage equipment shall be responsible for the immediate clean-up and disposal of any spillage of oil or brine at the well site.

(p)All wells shall be equipped with a blowout prevention device of the double ram type.

(Ord. 719; Code 2012)

16-409 Additional requirements by board of zoning appeals.

At the time of granting any permit, under the provisions of this chapter, the Board of Zoning Appeals may make requirements, in addition to those contained therein, as may be reasonably necessary for protection of persons and property in the city.

(Ord. 719; Code 2012)

16-410 Revocation of permits, licenses or other authorizations.

Upon any substantial violation of the conditions of any permit, license, authorization or of any provisions of this chapter, the Board of Zoning Appeals may, upon a hearing after five days’ written notice by mail or personal service to the permittee or licensee, or if the address of the permittee or licensee is unknown and the permittee or licensee cannot be found in the city, after the expiration of five days from the date of publication of notice of any such hearing in a newspaper authorized to publish legal notices in the city, revoke such permit, license or authorization; provided however, that if in the judgment of the Board of Zoning Appeals restitution is made for any damage occasioned by such violation together with adequate provisions to prevent any further violations by such permittee or licensee, the Board of Zoning Appeals may waive revocation of any permit or license.

(Ord. 719; Code 2012)

16-411 Notices required to be given to the zoning administrator.

It shall be the duty of every permittee or licensee, as the case may be, to give the Zoning Administrator notice of the commencement of any drilling of a well, the setting and cementing of the surface casing of any well and of the beginning of other stages of the drilling or operation or abandonment of any well, as may be required by regulations to be approved by the Zoning Administrator. The date of completion or abandonment of any well and pertinent information shall be entered of record.

(Ord. 719; Code 2012)

16-412 Use of abandoned well.

All abandoned wells which shall not be used and equipped for disposal purposes, shall be filled and plugged in accordance with applicable rules of the agencies of the state having jurisdiction thereof.

(Ord. 719; Code 2012)

16-413 Orders to stop work.

The Zoning Administrator shall be authorized to order any work stopped or corrected that does not conform to the conditions required by this chapter. A copy of such order shall be filed with the well permit and preserved as a permanent record open to public inspection.

(Ord. 719; Code 2012)

16-414 Same; appeals.

Any person aggrieved by any inspection order to stop or correct any work may file an appeal in writing with the city clerk to be submitted to the Board of Zoning Appeals at its next meeting for a hearing and a determination thereof. The decision of the Board of Zoning Appeals shall be final and conclusive.

(Ord. 719; Code 2012)