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FACT SHEET ___________________________________________________________________________ TITLE DATE ORIGINATING DEPARTMENT AN ORDINANCE TO ADOPT JUNE 23, 2009 DEPARTMENT OF CHAPTER 25 OF THE CITY OPERATIONAL SERVICES OF SHREVEPORT CODE OF ORDINANCES ESTABLISHING REGULATIONS RELATIVE TO THE CONDUCT OF OIL, GAS AND OTHER HYDROCARBON WELL OPERATIONS WITH THE CITY OF SHREVEPORT SPONSOR AND TO OTHERWISE PROVIDE WITH RESPECT THERETO SAME ___________________________________________________________________________ PURPOSE To adopt Chapter 25 of the City of Shreveport Code of Ordinances establishing regulations relative to the conduct of oil, gas and other hydrocarbon well operations within the City of Shreveport. ___________________________________________________________________________ BACKGROUND INFORMATION The City of Shreveport encourages the exploration, development and production of oil and gas within the city limits and recognizes that the exploration, development and production of such minerals within the City limits are activities which necessitate reasonable regulation to ensure that all property owners have the right to enjoy their property and its benefits and revenues. The City is authorized to adopt ordinances pursuant to its police power to protect the health, safety and general welfare of its citizens and acting under such authority, the City Council of the City of Shreveport deems it necessary, for the purpose of promoting the health, safety, and general welfare of the City to adopt Chapter 25 of the City of Shreveport Code of Ordinances to adopt reasonable and uniform regulations for the conduct of oil, gas and other hydrocarbon well operations within the City. ___________________________________________________________________________ TIMETABLE Introduction - June 23, 2009 Final Passage - July 14, 2009 ___________________________________________________________________________ SPECIAL PROCEDURAL REQUIREMENTS None ___________________________________________________________________________ FINANCES None ___________________________________________________________________________ ALTERNATIVES 1. Adopt the ordinance as presented. 2. Amend the ordinance. 3. Deny the ordinance. ___________________________________________________________________________ CONCLUSION Alternative number 1 is recommended. ___________________________________________________________________________ FACT SHEET PREPARED BY: Terri Anderson-Scott City Attorney ORDINANCE NUMBER ______ OF 2009
BY: WHEREAS, La. Const. [1974] art I ' 4 provides in pertinent part, that every person has the right to acquire, own, control, use, enjoy, protect and dispose of private property subject to reasonable statutory restrictions and the reasonable exercise of the police power; and WHEREAS, La. Const. [1974] Art VI ' 17 further provides in pertinent part that a local governmental subdivision may adopt regulations for land use, zoning and historic preservation, which authority is declared to be a public purpose; and WHEREAS, the City of Shreveport encourages the exploration, development and production of oil and gas within the city limits; and WHEREAS, the exploration, development and production of oil, gas and other hydrocarbons in the City of Shreveport are activities which necessitate reasonable regulation to ensure that all property owners have the right to enjoy their property and its benefits and revenues; and WHEREAS, the City is authorized to adopt ordinances pursuant to its police power to protect the health, safety and general welfare of its citizens; and WHEREAS, the City Council of the City of Shreveport deems it necessary, for the purpose of promoting the health, safety, and general welfare of the City to adopt Chapter 25 of the City of Shreveport Code of Ordinances to adopt reasonable and uniform regulations for the conduct of oil, gas and other hydrocarbon well operations within the City; WHEREAS, the City Council deems such regulations to be reasonable in order to protect the health, safety, and general welfare of the public, minimize the potential impact to property owners, protect the quality of the environment and encourage the orderly production of available mineral and gas resources found to exist within the City of Shreveport; and WHEREAS, these regulations are intended to coexist without conflict with either state regulations on mineral drilling and production, and legal responsibilities of local government under FEMA (including with respect to floodplains and floodways), federal statutes and regulations, or other regulations (including but not limited to applicable provisions of the City of Shreveport Code of Ordinances) which address any subject matter of this ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, regular, and legal session convened that Chapter 25 of the City of Shreveport Code of Ordinances is hereby adopted to read as follows: CHAPTER 25 ARTICLE I. GENERAL PROVISIONS Sec. 25-1. Declaration of legislative intent, and purpose. The City Council of the City of Shreveport deems it necessary, for the purpose of promoting the health, safety, and general welfare of the City to adopt reasonable and uniform regulations for the conduct of oil, gas and other hydrocarbon well operations within the City. The City Council deems such regulations to be a reasonable in order to protect the health, safety, and general welfare of the public, minimize the potential impact to property owners, protect the quality of the environment and encourage the orderly production of available mineral and gas resources found to exist within the City of Shreveport. Sec. 25-2. Power not affected. (a) Nothing in this chapter shall abrogate or impair the power of the courts or any department of the city to enforce any provision of state law, the Home Rule Charter or ordinances enacted by the city council. (b) The imposition of any penalty hereunder shall not preclude the city attorney or other appropriate authority from instituting injunctive, mandamus, or other appropriate action or proceedings to correct or abate any violation under the provisions of this chapter. For the purposes of this chapter, unless the context clearly requires otherwise, the following definitions shall have the meaning ascribed in this chapter and be equally applicable to the masculine and feminine genders and the singular and plural forms of any of the defined terms: (1) ABuilding@ means any structure used or intended for supporting or sheltering any use or occupancy. (2) “Director of Operational Services” means the person holding the office of Director of the City of Shreveport Department of Operational Services in an interim or appointed capacity, or the person(s) designated by him to act for him. (3) “FEMA@ means the Federal Emergency Management Agency. (4) AFIRM@ mean Flood Insurance Rate Map. (5) AGas@ means any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas. (6) AOil@ means crude petroleum oil, and other hydrocarbons, regardless of gravity, which are produced at the well head in liquid form by ordinance productions methods. (7) AOperator@ means the person listed as operator on the drilling permit issued by the Louisiana Office of Conservation for the drilling of the well. (8) AProtected use@ means a residence, religious institution, commercial building, public building, hospital building, school or public park. (9) APublic Building@ means any building used, designed or intended to be used for the purpose of assembly of persons for purposes of governmental administration, education, deliberation, entertainment, amusement, or healthcare. Public buildings shall include, but are not necessarily limited to, theaters, assembly halls, auditoriums, armories, mortuary, chapels, dance halls, exhibition halls, museums, gymnasiums, bowling lanes, libraries, skating rinks, courthouses, schools, restaurants and hospitals. (10) APublic Park@ means any land area dedicated to and/or maintained for traditional park-like recreational purposes by a public body. (11) AReligious Institution@ means any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship. (12) AResidence@ means a house, duplex, apartment, townhouse, condominium, mobile home or other building or structure designed for dwelling purposes. (13) Right-of-way@ means public right-of-way including, but not limited to, streets, easements, servitudes, and other property within the City of Shreveport which are dedicated to the use and benefit of the public. (14) ASchool@ means any public and private primary through post-secondary educational facility, and any state licensed day care facility. (15) ASite@ means any drill site or production site. (16) AStreet@ means any public street, highway, road, sidewalk, alley, avenue, public parking area, or other public right-of-way, including the entire right-of-way. (17) “Urban area” means with the corporate limits of the City of Shreveport. (18) AWell@ means a hole or holes, bore or bores, to any horizon, formation, or strata for the purpose of producing gas, liquid hydrocarbon, brine water or sulphur water, or for use as an injection well for secondary recovery, disposal or production of gas, or other hydrocarbons from the earth. Sec. 25-4. General Regulations. (1) Site Access. No person engaged in the drilling or production of oil, gas, or other hydrocarbon substances or activities associated therewith within the City shall access a site or be permitted to enter on, into, or across any public park or any other property owned or maintained by the City, except from a public road or streets designated as either a truck route or commercial delivery route by the City, without prior approval from the Director of Operational Services. (2) Drilling within Floodplain or Floodway. Drilling activities as well as activities associated therewith within any floodplain or floodway identified by FEMA on the most current FIRM shall recognize the legal responsibilities of the City to FEMA. Sec. 25-6. Appeals. Any person aggrieved by a decision or determination in regard to any matter subject to the requirements of this chapter shall, within ten (10) days from the date such decision is rendered, file a written request/appeal with the clerk of council of the City for a review by the city council of such decision. Sec. 25-7. Penalty for violation of chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as prescribed in section 1-14 of this code. Each day the violation continues to exist shall constitute a separate offense. Sec. 25-8 –Sec. 25-15. Reserved. ARTICLE II. OPERATIONAL STANDARDS Sec. 25-16. Abatement of Dust, Vibration, or Odors. (a) All drilling, production, compression and transmission operations shall be conducted in such a manner as to minimize, as far as practicable, dust, vibration, or noxious odors, and shall be in accordance with best accepted practices incident to drilling for the production of oil or gas or other hydrocarbon substances in an urban area. All equipment used in such operations shall be constructed, operated, and maintained so that vibrations, dust, odor or other harmful or annoying substances or their effect will be minimized by the operations carried on at any site or from anything incident thereto. Proven reasonable and feasible technological improvements in industry standards of drilling and production in an urban area shall be adopted if capable of reducing factors of dust, vibration, and odor that may create a nuisance. (b) The placement of fill material may not cause the release of dust and/or odor that may create a nuisance, or damage to any public property and no such material shall be placed in a floodplain or floodway identified by FEMA on the most current FIRM without the prior consent of the Director of Operational Services. Sec. 25-17. Lighting. No person shall permit any light located on any site to be directed in such a manner such that it shines directly on a public street or roadway, adjacent property, or property within three hundred (300) hundred feet of the site. To the extent practicable with due regard to considerations of public safety, all lighting shall be directed downward and internally so as to avoid glare on a public street or roadway, adjacent property, or property within three hundred (300) feet of the site. Sec. 25-18. Exhaust Fumes. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler, or an exhaust box, constructed of non-combustible materials sufficient to suppress noise and disruptive vibrations and minimize the escape of gases, fumes, or ignited carbon or soot. All such equipment shall be maintained in good operating condition according to the manufacturer=s specifications. Sec. 25-19. Electric Pumping. Only electric prime movers or motors shall be allowed for the purpose of pumping wells after drilling. No electric power shall be generated on any site unless otherwise approved by the Director of Operational Services. All such equipment shall be maintained in good condition in accordance with applicable provisions of law and manufacturer=s specifications. Sec. 25-20. Required Signage. Any person engaged in any drilling operation shall prominently and continuously display a sign having a surface area of no less than two (2) square feet nor more than four (4) square feet at or on the gate of such operation containing, at a minimum, the following information: (i) Well name and number; (ii) Name of operator and operator=s twenty-four (24) hour emergency contact information; (iii) The emergency 9-1-1 number. All signs shall be of durable material, clearly legible, and maintained in good condition and repair by the operator at all times. Sec. 25-21. Venting of Gas. No person shall allow, cause, or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law. Sec. 25-22. Prohibited Discharge. Except as otherwise provided by state law or regulation or private contract, no person shall place, discharge, deposit, cause, or permit, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or bring from any operation on a site, or the contents of any container used in connection with any operation on the site, into or upon any public right-of-way, alley, street, lot, storm drain, ditch, sewer or sanitary drain, any body of water, or any private property. Sec. 25-23. Site Maintenance. (a) Site operations shall at all times be maintained free of standing water, weeds, brush, trash, debris, contaminated soil, or other waste materials. A site may not be used for storage of pipe, equipment or other materials which are not intended for use on the well at such site. (b) Neither the site, or the structures thereon, shall be permitted to become dilapidated, unsightly or unsafe. ( c) The street entrance and property on which a well site is located shall at all times be kept free of mud, debris, pools of water or other liquids, contaminated soil, high grass, weeds, brush, trash, combustible trash or other waste materials. Sec. 25-24. Compressor Stations. (a) It shall be unlawful for any person to operate, place, or locate a compressor station within the city of Shreveport except within those sections of the city wherein such operation, placement, or location is permitted by the applicable zoning ordinance and other applicable law or regulations. (b) Compressor stations shall be limited to structures which shall be enclosed so as to provide maximum practicable noise abatement. The operation of compressor equipment shall not create any noise that causes the exterior noise level to exceed the predevelopment ambient noise levels as measured within three (300) hundred feet of the compressor station building(s). The operator of the compressor station shall be responsible for establishing and reporting to the Director of Operational Services the pre-development ambient noise levels as provided in Section 25-29 of this chapter. Sec. 25-25. Emergency Shut-Off Valve. All wells shall have emergency shut-off valves clearly labeled as such, accessible to emergency response personnel having jurisdiction at the site. Access to the emergency shut-off valve by emergency response personnel shall be limited to those emergencies when the operator has failed to respond within the time frames established under its emergency response plan which shall have been provided to the city prior to commencement of drilling operations within the City. Sec. 25-26. Fences and Screens. (a) With the exception of the periods of drilling operations, operators shall install and maintain a permanent chain link fence with a secured gate on the site of any well which shall completely enclose all production equipment. All fencing installed pursuant to the provisions of this section shall meet the following minimum specifications: (1) The fence shall be at least six (6) feet in height. (2) Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence, provided however, temporary fence points shall not be required to be set in concrete so long as the stability of the fence is maintained. (3) The chain link fence shall have a minimum thickness of eleven (11) gauge. (4) Posts and rails shall be three-eights (3/8) inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six (6) inch minimum take-up. Tension bars shall have a minimum thickness of one-fourth (1/4) by three-fourths (3/4) inch. (5) A Knox padlock or Knox box with key shall be provided to the emergency response personnel having jurisdiction at the site to access the well site in case of emergency, with notification to the operator in accordance with the operator=s emergency response plan which shall have been provided to the City prior to commencement of drilling operation within the City. (b) The Director of Operational Services may impose additional requirements relative to screening and fencing for good cause shown. Sec. 25-27. Use of Public Water Supply. No person may use a public water supply in drilling and production operations of an oil or gas well (specifically including fracturing operations) unless the operator has complied in all respects with regulations set forth in Chapter 94 of this Code as well as any water conservation regulations which may be imposed by the city, state or other regulatory authorities.
Sec. 25-28. Work Hours. (a) With the exception of drilling, completion, and reworking operations, work on a site, access roads, pipeline, truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the site shall be subject to the following regulations, except in case of an emergency, where the delivery of equipment is necessary to address the emergency or to prevent the cessation of drilling or production during such emergency: (1) Operations within 500 feet of a protected use: 8:00 a.m. - 5:00 p.m., Monday - Saturday, but only with respect to a well for which a permit has been issued by the Louisiana Office of Conservation authorizing such activities. (2) Operations between 500 feet and 2,500 feet of a protected use: 7:00 a.m. - 7:00 p.m., Monday - Saturday. (3) Operations between 2,500 feet and 5,000 feet of a protected use: 5:00 a.m. - 10:00 p.m. Monday - Saturday. (4) Operations 5,000 feet or more from a protected use: 24 hours, Monday - Saturday. Measurement of the distances shall be made from the well bore, in a straight line, without regard to intervening structures or objects, to the closest point of the building or property line of the protected use, or as otherwise measured under regulations established by the Louisiana Office of Conservation. Sec. 25-29. Noise. (a) Prior to the commencement of operations, the operator shall submit a noise management plan to the Director of Operational Services detailing how the equipment used in the drilling, completion, transportation, or production of a well complies with the maximum permissible noise levels of this section. At a minimum, the noise management plan shall: (1) Identify operation noise impacts; (2) Provide documentation establishing the pre-drilling ambient noise levels as required in this section; (3) Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following: (i) nature and proximity of adjacent development, location, and type. (ii) seasonal and prevailing weather patters, including wind directions. (iii) vegetative cover on or adjacent to the site; and (iv) topography. The operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of the noise generating equipment. (b) No well shall be drilled, redrilled or any equipment operated at any location within an urban area in such a manner as to create any noise which causes the exterior noise level when measured at the nearest protected use receiver=s/receptor=s property line or one hundred (100) feet from the nearest protected use structure (as measured to the closest exterior point of the building), whichever is closer to the receiver/receptor that exceeds the ambient noise level by more than five (5) decibels during daytime hours and more than three (3) decibels during nighttime hours. Fracturing operations may not exceed the ambient noise level by more than ten (10) decibels during daytime hours; no fracturing operations shall be allowed during nighttime hours unless they exceed the ambient noise level by no more than three (3) decibels. Backflow operations may not exceed the ambient noise level by more than three (3) decibels during nighttime hours. ( c) The operator shall be responsible for establishing and reporting to the Director of Operational Services the pre-drilling ambient noise level prior to the commencement of initial operations at the site. This shall be based on measurements during a continuous seventy-two (72) hour time span, which shall include at least one twenty-four (24) hour reading during either a Saturday or Sunday. Once the drilling is complete, the operator shall be required to establish a new ambient noise level prior to the installation of any new noise generating equipment. (d) The Director of the Department of Operational Services shall be permitted to make intermittent adjustments to the noise standard set forth in this subsection (a) in accordance with the following: Permitted increase (oBA): Duration of Increase (minutes, in cumulative during any one (1) hour: 10 5 15 1 20 Less than 1 (e) The exterior noise level generated by the drilling, redrilling or other operations of all wells located with five hundred (500) feet of a protected use shall be continuously monitored to ensure compliance. The cost of such monitoring shall be borne by the operator. (f) Acoustical blankets, sound walls, mufflers or other alternative methods may be used to ensure compliance. All soundproofing shall comply with accepted industry standards. (g) The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute=s standard for sound meters or an instrument and the associated recordings and analyzing equipment which will provide equivalent data. Sec. 25-30. Explosives. No person shall discharge or use any surface explosive charges within the City without having first obtained approval from the chief of police. Sec. 25-31. Incident Reporting; Required. The operator shall immediately report any fire or unauthorized release of flammable or hazardous materials on any property within the City to the chief of the fire department and all other state or federal authorities having jurisdiction. Secs. 25-32—Sec. 25-40. Reserved. BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable. BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed. APPROVED AS TO LEGAL FORM: _________________________________ City Attorney’s Office |
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