§ 64-5. Required.

(a)

A person wanting to engage in and operate in gas production activities shall apply for and obtain a gas well permit under this chapter and shall indicate what type of gas well permit is requested. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, reworking, fracturing, or operation of any such well or to conduct any activity related to the production of gas without first obtaining a gas well permit issued by the city in accordance with this article. Such activities include, but are not limited to, reworking, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing, and pressurizing.

(b)

Operator must apply for and obtain a gas well permit for the drilling, re-drilling, deepening, re-entering, activating, or converting of each well.

(c)

A gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new gas well permit in accordance with the provisions of this article if the operator is re-entering and drilling an abandoned well.

(d)

When a gas well permit has been issued to the operator for the drilling, re-drilling, deepening, re-entering, activating, or converting of a well, such gas well permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair, re-working, testing, plugging, and abandonment of the well, and/or any other activity associated with mineral exploration at the site of such well, provided, however, that a new or supplemental permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening, or converting such well to a depth or use other than that set forth in the then current permit for such well.

(e)

Any person who intends to rework a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion, or to conduct seismic surveys or other exploration activities shall give written notice to the gas inspector no less than ten (10) days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities, and the time the activities will be conducted. The notice must also provide the address and twenty-four-hour telephone number of the person conducting the activities. If requested by the gas inspector, the person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and twenty-four-hour telephone number of the person conducting the activities. If the gas inspector determines that an inspection by the gas inspector is necessary, the operator will pay the city for the inspection. The following requirements shall apply to all fracture stimulation operations performed on a well within six hundred (600) feet of an occupied residence:

(1)

At least forty-eight (48) hours before operations are commenced, the operator shall post a sign at the entrance of the well site advising the public of the date the operations will commence;

(2)

"Flowback" operations to recover fluids used during fracture stimulation shall be performed during daylight hours only unless the gas inspector approves such operations during non-daylight hours;

(3)

A watchman shall be required at all times during such operations; and

(4)

At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.

(f)

A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within one hundred eighty (180) days from the date of the issuance of the gas well permit. A gas well permit may be extended by the gas inspector for an additional one hundred eighty (180) days upon request by the operator and proof that the classification of the requested gas well permit for such location has not changed.

(g)

The gas well permits required by this article are in addition to and are not in lieu of any permit which may be required by any other provision of this Code or by any other governmental agency, provided that fences and tanks shown on the permit shall not require additional permits or additional fees.

(h)

No additional gas well permit or filing fees shall be required for:

(1)

Any wells, existing, previously permitted, or approved by the city, within the corporate limits of the city on the effective date of this chapter; or

(2)

Any wells which drilling has commenced on the effective date of this chapter; or

(3)

Any wells in existence or on any wells on which drilling has commenced on land annexed into the city after the effective date of this chapter; or

(4)

Any well that was planned for the land before the ninetieth day before the effective date of its annexation and one (1) or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for such well and the completed application for the initial authorization was filed before the date the annexation proceedings were instituted.

A person shall have forty-five (45) days after the enactment of this chapter or annexation into the city to designate a gas operation as a preexisting operation by filing a site plan drawn to scale that shows the proposed location of the well with respect to survey lines and the proposed associated production facilities, if any, with the gas inspector.

(i)

No gas well permit shall be issued for any well to be drilled within any public park without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.

(j)

No gas well permit shall be issued for any well to be drilled within any floodway or floodplain without the prior consent of the director of public works, pursuant to chapter 47 of the Irving City Code. The director of public works shall review the floodplain and floodway requirements on an individual basis prior to the issuance of a permit.

(k)

No gas well permit shall be issued for any well to be drilled on city-owned property without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.

(l)

By acceptance of any gas well permit issued pursuant to this article, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this chapter.

The terms of this chapter shall be deemed to be incorporated in any gas well permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such gas well permit.

(m)

A separate permit shall be required for seismic operations, which shall include seismic surveys, seismic tests, and all other seismic activities. This permit must be obtained at least ten (10) days prior to conducting such seismic operations. The application for such permit shall be on a form devised by the planning and inspections department with such terms as the gas inspector shall deem advisable. The application form to conduct seismic operations shall require the address and legal description where operations are to be performed, as well as the company's name, company's address, contact name, person conducting the seismic operation, twenty-four-hour telephone number, cell phone number, and facsimile number of persons performing the seismic operations. The terms of such permit shall include, but not be limited to:

(1)

Written notice to the gas inspector must be given ten (10) days before seismic operations begin.

(2)

The seismic permit will be valid for a period of ninety (90) days from its date of issuance. A seismic permit may be extended by the gas inspector for an additional ninety (90) days from its expiration date upon request by the operator.

(3)

All seismic operations on city property will be coordinated through the real estate services manager, public works, and require a right of entry and a permit. The real estate services manager may require additional terms and conditions as necessary to protect the interests of the City of Irving.

(4)

Notification that the permit does not grant permission to utilize city right-of-way or access public or private property, which permission must be obtained from the property owners.

(5)

Signs notifying of such seismic operations must have a surface area of not less than two (2) square feet nor more than four (4) square feet and be posted at least five (5) days prior to seismic operations. The signs must be posted on the property where seismic operations will occur in an area of clear view from the public way, and include the name, address and twenty-four-hour telephone number of the entity doing the testing.

(6)

All vehicles involved in seismic operations must display the name of the company holding the permit.

(7)

Seismic operations shall be limited to the hours between 6:00 a.m. and 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends.

(8)

The permit may be rescinded, revoked, or subject to a "stop work order" if seismic operations are performed in violation of existing codes or represents a danger to the health and safety of citizens or potential property damage.

(9)

The seismic operator is responsible for locating all utilities in the vicinity of any tests prior to any testing and is further responsible for protecting such utilities from any damage which may result from seismic operations.

(10)

The seismic permit does not give the applicant the authority to use explosives to conduct the seismic operations. Explosives must be separately permitted by the Irving Fire Department prior to use.

(11)

The seismic permit holder shall provide evidence of a policy of general liability insurance issued by a company licensed to do business in the State of Texas in an amount not less than one million dollars ($1,000,000.00) which shall include all relevant provisions and riders to protect persons and property from damages or injuries as a result of the seismic operations or the preparatory or the concluding activities of any seismic operations. Such evidence shall be on a form and with terms acceptable to the gas inspector.

(12)

The seismic permit holder shall execute and have notarized an indemnification and release of liability for the city on a form approved by the gas inspector.

(13)

The seismic operator shall provide a site plan portraying the location of the proposed seismic operations including energy source points and their proximity to the nearest residence, religious institution, public building, hospital building, school, or public park. The nearest right-of-ways should be clearly identified. The energy source shall not take place in the public right-of-way or unreasonably close to city infrastructure as determined by the department of public works.

(14)

The seismic operator shall provide a traffic control plan for signing, barricading, and pavement marking for the safe maintenance of traffic during seismic operations adjacent to existing streets and public right-of-way.

(15)

The seismic operator shall provide a map showing the transportation route and roads for equipment, chemicals, or waste products used in seismic operations.

(Ord. No. 8580, § 1, 12-1-05; Ord. No. 8591, § 1, 1-12-06; Ord. No. 8876, § 1, 10-18-07)