Ordinance - 2018 - 792 - Oil And Gas Extraction - 06/26/2018ORDINANCE NO. 792
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, REPLACING TITLE
8, CHAPTER 3, SECTION 5, PARAGRAPH J, WITH "OIL AND GAS EXTRACTION",
DEFINITION, PURPOSE, ZONING CLASSIFICATION, PERMIT REQUIREMENT, PERMIT
APPLICATION, ISSUANCE OF PERMIT, SITE DESIGN AND INSTALLATION, AND
WAIVER; REPLACING TITLE 8, SECTION 5, PARAGRAPH K, WITH "OIL AND GAS
POST -EXTRACTION", DEFINITION, PURPOSE, ZONING CLASSIFICATION, PERMIT
REQUIREMENT, PERMIT APPLICATION, ISSUANCE OF PERMIT, SITE DESIGN AND
INSTALLATION, AND WAIVER; AMENDING TITLE 8, CHAPTER 2, SECTION 3
"OFFICIAL SCHEDULE OF DISTRICT REGULATIONS"; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Eagle City Code to provide for the regulation of oil and gas extraction and post -extraction; and
WHEREAS, pursuant to Chapter 3, Title 50 of the Idaho Code, the City of Eagle is authorized to
enact ordinances to maintain the peace, good government and welfare of the corporation and its
trade, commerce and industry;
WHEREAS, pursuant to Chapter 3, Title 47, and Chapter 65, Title 67 of the Idaho Code, the City
of Eagle is authorized to regulate zoning for surface use of oil and gas extraction and post-
extraction.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 8, Chapter 3, Section 5, Paragraph J, "Filling, Grading, Lagooning,
Dredging Or Other Earth Moving Activity" be and is hereby amended, in part, to read as follows
with underline text to be added and strike -through text to be deleted:
J. Filling, Grading, L-agooning, Dredging Or Other Earth Moving Activity:
1. Will result in the smallest amount of bare -ground -exposed for the shortest time feasible;
Mill provide -temporary ground cover such as mulch;
Fill use diversion, silting, basins, terracesan other method; to trap sediment;
'1. Will provide lagooning in such a manner as to aveid creation of fish trap conditions;
5. Will not restrict c-floodway, channel or natural drainageway;
6. "Fill construct and stabiliue sides and bottom of cuts, fills, channels and artificial watercourses -to
prevent erosion or ,oil failure;
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7. Will not hay - : - : _ .. - . ' : - - - : - - . - _ - 'thin fifty feet (50') of any-let
blie right of way; and
8. Will reo ep ,oil or-loam to a depth-of-net-less that: four inches (4").
J. Oil and Gas Extraction:
1. Definition:
For the purpose of this Section. the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
Administrative: a regulatory review and/or action performed by an employee or contractor of the
City and not deemed a legislative or quasi-judicial action.
Applicant: any person, owner, operator, partnership, company, corporation and its subcontractors
and agents who has an interest in real estate for the purpose of exploring or drilling for, producing,
or transporting oil or gas.
Department: the Idaho Department of Lands.
Extraction: activities necessary for removing natural gas, natural gas, or oil from underground and
bringing it up to ground level, or any activities, the purpose of which is to remove these materials
from natural pools or reservoirs beneath the earth's surface, including well drilling, injection,
pumping. and including ancillary activities and facilities necessary for such extraction, without
which the extraction could not occur.
Oil and Gas: means oil or gas or both. "Oil and Gas" refers to not only to oil and gas in combination
with each other but also generally to oil, gas casinghead gas. casinghead gasoline, gas -distillate or
other hydrocarbons, or any combination of combinations thereof. which may be found in or
Produced from a common source or supply of oil, oil and gas, or gas -distillate.
Oil and Gas Well: a hole drilled into the earth for the purpose of exploring for or extracting oil,
gas, or other hydrocarbon substances.
Operator: the person of record, that is responsible for and actually in charge and control of
drilling, maintaining, operating, pumping or controlling any well including, without limitation, a
unit operator. If the operator, as defined herein. for any well is not the lessee of anv premises
affected by the provisions of this chanter. then such lessee shall also be deemed to be an
operator. In the event there is no oil and gas lease relating to any premises affected by this
chapter, the owner of the fee mineral estate in the premises shall also be deemed an operator.
State: The State of Idaho.
Well: An oil and gas well or an injection well, including but not limited to directional drilling
wells (for example, any well hole drilled into the ground).
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Wellhead: The equipment installed at the surface of the well.
2. Purpose:
The purpose of this ordinance is to provide, through zoning provisions, for the reasonable
development of land for Oil and Gas drilling while providing adequate health, safety and general
welfare protections of the City of Eagle residents.
Local governments are preempted from regulating the Oil and Gas Well operations or
accomplishing the same purposes regulated under I.C. ,S 47-314. Local zoning regulates surface
land use as authorized under the Local Land Use Planning Act. chapter 67. title 65. Idaho Code.
3. Zoning Classifications:
An oil or gas well site shall be considered a permitted use by right within any Zoning
Districts(s), subiect to the standards listed herein.
4. Permit Requirement:
a. No oil or gas well site. or an addition to an existing oil or gas well site. shall be
constructed or located within City of Eagle unless an administrative zoning permit
under this ordinance has been issued by the City of Eagle to the applicant approving
the construction or preparation of the site for oil or gas development or construction of
natural gas compressor stations or natural gas processing plants.
b. Each application shall be submitted with the fee established pursuant to resolution of
the City of Eagle as adopted. Such fee shall be reasonably related to the cost of
administering this by the City of Eagle.
c. Anv modification to an existing and/or permitted oil or gas well site that materially
alters the size, location. number of wells or accessory equipment or structures. shall
require a modification of the permit under this ordinance. Like -kind replacements shall
not require a permit modification.
d. Wells that were permitted and constructed prior to the adoption of this ordinance shall
not be required to meet the requirements of this ordinance. Anv modification to an
existing or permitted oil or gas well site that occurs after the effective date of this
ordinance and materially alters the size, type, location. number of wells and other
accessory equipment or structures, shall require compliance with this ordinance.
e. Upon receiving notice from the Department that an application has been submitted. the
local iurisdiction will notify all property owners within one mile of the affected tax
parcel that an application for a new Oil and Gas operation has been filed with the (City.
County, Planning & Zoning Department). The notice is for informational purposes
only and will not solicit any public comments on the application.
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f An oil or gas well permit shall not be required for exploration for oil or gas. Exploration
of oil or gas means activities related to the various geological and geophysical methods
used to detect and determine the existence and extent of hydrocarbon deposits. The
activities related to the search for oil and gas include without limitation aerial,
geological and geophysical surveys and studies. seismic work. core drilling and the
drilling of test wells. During the exploration process. the most minimally invasive
methods shall be used.
g_ If an applicant does not conduct said business for a period of one year. the
administrative zoning permit shall be null and void. Permits issued under this
ordinance shall not be transferable to any other applicant. except by maiority vote of
the City of Eagle. and the filing of an application by the applicant to whom such license
is, or may be. transferred or assigned.
h. The operator shall provide to the city a copy of any incident reports or written
complaints submitted to the Department, the Idaho Oil and Gas Conservation
Commission. or any other state or federal agency within 24 hours after the operator has
notice of the existence of such reports or complaints.
5. Permit Application
The applicant shall provide to the City of Eagle at the time of permit application:
a. A narrative describing an overview of the project including the number of acres to be
disturbed for development. the number of wells to be drilled including Department
Permit number(s) for all wells. if available, at the time of submittal and provided when
issued later, and the location. number and description of eauipment and structures to
the extent known. In addition to the narrative statement. each application shall contain
the following:
• The surface owner's name, address. and phone number.
• The mineral owner's name. address. and phone number (if different than the
surface owner)
b. The address of the oil or as well site and a legal description of the parcel as determined
by the City of Eagle and information needed to gain access to the well site in the event
of an emergency.
c. The contact information of the individual or individuals responsible for the operation
and activities at the oil or gas well site shall be provided to the City of Eagle and all
applicable Emergency Responders as determined by the City of Eagle. Such
information shall include a phone number where such individual or individuals can be
contacted 24 hours per day, 365 days a year. Annually. or upon any change of relevant
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circumstances, the applicant shall update such information and provide it to the City of
Eagle and all applicable Emergency Responders as determined by City of Eagle.
d. A scaled site plan of the oil or gas well site showing the drilling pad. planned access
roads, the approximate location of derricks, drilling rigs, equipment and structures and
all permanent improvements to the site and anv post construction surface disturbance
in relation to natural resources. Included in this map shall be an area within the
development site for vehicles to locate while gaining access to the oil or gas well site.
The only items that may be stored and vehicles that may be parked on the operation
site are those that are necessary to the everyday operation of the well or associated
facilities and do not constitute a fire hazard.
e. A narrative and map describing the planned access routes to the well sites on public
roads including the transportation and delivery of equipment. machinery, water.
chemicals and other materials used in the siting. drilling. construction. maintenance and
operation of the oil or gas well site.
f. Comply with Idaho State Water Oualitv Standards pursuant to IDAPA 58.01.02.850-
852 addressing procedures for Hazardous Materials Spills (850), Petroleum Release
Reporting, Investigation, and Confirmation (851) and, Petroleum Release Response
and Corrective Action (852).
Pursuant to IDAPA 20.07.02 Section 310.15 (General Drilling Rules) prepare a
comprehensive emergency and spill response guidance document known as a Spill
Prevention. Control and Countermeasure (SPCC) Plan, to address key State and
Federal regulations such as 40 CFR 112.1 through 40 CFR 112.10 (SPCC Regulation)
and IDAPA 20.07.02 (Rules Governing Conservation of Oil and Natural Gas) and
IDAPA 58.01.01 Sections 800-852 (Water Quality Standards). As needed. incorporate
the unique elements of a Preparedness, Prevention and Contingency Plan and obtain
approval by the applicable Fire District and the Eagle Police Department. The SPCC
Plan will be prepared by a qualified registered Professional Engineer (State of Idaho)
and kept at each drilling/production/workover facility. All oil -handling personnel must
be trained to implement the SPCC Plan, with emphasis upon maintaining oil storage
tanks/containers. secondary containment systems and promptly/safely handling
emergency spills, leaks and accidental discharges of any oil-based fluids and oil -laden
water at the facility. Applicant will provide the operation's SPCC Plan. to the
applicable Fire District and Eagle Police Department. to the City of Eagle and all
Emergency Responders at least 30 days prior to drilling of an oil or gas well and at
least annually thereafter while drilling activities are taking place at the oil or as well
site. Drilling shall not commence until the City has approved the Plan. The Plan shall
contain the MSDS (Material Safety Data Sheet) or similar disclosure for all chemicals
used on site with no exemption for trade secrets. Such Plan shall also contain a
provision that within 24 hours of the discovery of any oil and/or gas leak. spill, and/or
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emission release, the City and Emergency Responders shall be notified and all
operations shall cease immediately until such equipment has been repaired and prior to
operation, operator shall submit certification from a licensed and qualified professional
verifying that the equipment has been adequately repaired and the equipment is safe to
return to service. Such certification will be reviewed by the City Engineer. Prior to
any changes, City shall be notified regarding any modifications to operations or a
change in the use of chemicals.
g_ Conduct an appropriate site orientation of the SPCC Plan for all applicable Emergency
Responders, as determined by the City of Eagle. The cost and expense of the orientation
shall be the sole responsibility of the applicant. If multiple wells/well Dads are in the
same area (covered by the same emergency response agencies), evidence from the
appropriate emergency response agencies that a training course was offered in the last
12 months shall be accepted.
h. A narrative describing the environmental impacts of the proposed project on the site
and surrounding land and measures proposed to protect or mitigate such impacts shall
be provided to the City of Eagle. A copy of any remediation and/or mitigation plan
filed with the State shall be submitted to the City and approved prior to the
commencement of operations.
i. The applicant, at its own expense, shall provide. prior to drilling, documentation of
baseline water testing, conducted by an independent third -party. on a minimum of three
domestic wells (two downeradient and one upgradient), which wells shall be located
within one-fourth of a mile of the well site. Applicant shall provide at least one test
prior to drilling and conduct and provide test results every quarter for the first year of
operation. Thereafter. such wells shall be retested at least twice annually and the results
submitted to the City. Depending upon the depth of the domestic wells selected for
testing, the Citv may require an additional monitoring well(s) at the well site. If two
domestic wells are not found within one-fourth mile. the applicant shall install a
monitoring well downgradient of the well site for such testing. The depth and location
of the monitoring well(s) shall be approved by the City and based on subsurface
geologv and aquifer information provided by the applicant. All monitoring wells shall
also be approved by the Idaho Department of Water Resources. The following
Parameters to be tested, include. but are not limited to. water temperature. pH. specific
conductivity, total dissolved solids. major ions (chloride. fluoride, sulfate, nitrate.
silica. calcium. sodium. potassium, magnesium). trace elements (aluminum. arsenic.
barium. boron, iron. manganese. selenium. uranium, iodine). radiochemical (gross
alpha/gross beta radioactivity. in addition to uranium), and organic constituents
(benzene. toluene. ethvlbenzene, xvlenes (BTEX). methane. methyl tertiary butyl ether
(MTBE)), heavy metals (cadmium, chromium. lead. mercury. strontium. vanadium).
compounds (formaldehyde. hydrofluoric acid. nitrogen oxides) and any other chemical
as determined by the City Engineer.
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L The applicant, at its own expense. shall provide. prior to drilling, documentation of
baseline subsurface testing. conducted by an independent third -party. A subsurface
characterization regarding known and potential water -bearing zones must be
performed, utilizing noninvasive surface exploration for groundwater. Approved
methods include: Geologic methods. Remote Sensing. or Surface Geophysical
Methods (Electrical Resistivity Method (including ERT), Seismic Refraction Method,
Seismic Reflection Method, Gravimetric Method, Electromagnetic Method. or Ground
Penetrating Radar and others). The City Engineer shall determine which method(s)
should be utilized. If hydraulic fracturing or a similar process is approved by the
Department of Lands, periodic ERT monitoring will be conducted on a schedule
approved by the City.
To eliminate conflicts of interest, the investigation will be performed in accordance
with the current standard of care by a qualified third -party expert who has no direct or
indirect association with the oil/gas firm holding the drilling permit.
k. Non -radioactive tracing or tagging additives. unique for each permitted drill site must
be added to all fluids used for drilling, as well as post -drilling well treatment, including
hydraulic fracturing. The city shall be notified in writing of the formula of such
additives from each well.
1. Automatic emergency shut off valves that can be operated remotely shall be installed
on drilling equipment with access to valves provided to the City and the applicable Fire
District in case of fire or explosion.
m. The applicant shall comply with all state and federal air quality regulations. The
applicant shall report the receipt of any air quality complaints to the City within 24
hours.
n. The applicant shall provide proof of a certificate of comprehensive general liability
insurance in the amount of no less than fifteen million dollars ($15,000,000) per
occurrence with an aggregate of thirty million dollars ($30,000,000) and a company
authorized to do business in the state of Idaho shall write the policy. The policy shall
not contain any exclusions of coverage for hydraulic fracturing or mining extraction
activities. The applicant shall also provide proof of operator's extra expense liability
coverage in the event of well failures in the amount no less than one million dollars
($1,000,000). The certificate shall require at least 30 day notice to the City prior to
termination of coverage for any reason. The applicant shall secure substitute liability
insurance coverage prior to actual termination: failure to maintain comprehensive
general liability insurance shall result in immediate withdrawal of the permit by the
City. At time of application, the applicant shall provide written indemnification for the
City.
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6. Issuance of Permit
a. Within 30 business days after receipt of a permit application. the City of Eagle will
process and determine whether the application is complete and advise the applicant
accordingly.
b. Pursuant to I.C. 47-314(10)(b), if the application is complete and fulfills the
requirements of this ordinance. the City of Eagle shall issue a permit within 21 days
s
following the date the complete application was submitted.
c. If the application is incomplete or does not fulfill the requirements of this ordinance.
the City of Eagle shall return the application to the applicant. After necessary changes
have been made City of Eagle shall follow Section 6(b) of this section.
d. As a condition of permit approval. applicant shall provide all permits and plans from
the Department and all other appropriate regulatory agencies within 30 days of receipt
of such permits and plans.
e. Temporary housing for well site workers is prohibited. Applicant shall provide for
adequate screening and restroom facilities for employees.
7. Site Design and Installation
a. Access
The permit application shall be submitted to the appropriate road agency (Ada County
Highway District (ACRD) or Idaho Transportation Department (ITD)) for comment. Any
conditions provided by the agency shall be required as part of the approval of the permit.
b. Height
There shall be an exception to the height restrictions contained in this section for the
temporary placement of drilling rigs. drying tanks. pad drilling and other accessory uses
necessary for the actual time period of drilling or redrilling of an oil or as well or pad
drilling.
c. Setbacks/Location
1.1 Except as provided in I.C. S 47-319. oil and gas wells. tank batteries and gas
processing facilities shall not be constructed within one-half of a mile of the
property line of an occupied structure. place of worship/assembly. medical,
facility/hospital. or school. domestic water well. canal. ditch or the natural or
ordinary high-water mark of surface waters or within a one-quarter mile of a
highway.
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ii Oil and gas wells, tank batteries and gas processing facilities may be
constructed less than one-half of a mile but more than one -Quarter of a mile
from an occupied structure, domestic water well, if the operator has obtained
the express written permission from the owner of the occupied structure or
domestic water well.
iii Oil and gas wells shall not be constructed within the Federal Emergency
Management Agency (FEMA) Special Flood Hazard Area.
iv Recognizing that the specific location of equipment and facilities is an integral
part of the oil and gas development, and as part of the planning process, operator
shall strive to consider the location of its temporary and permanent operations,
where prudent and possible, so as to minimize interference with City of Eagle
residents' enjoyment of their property and future development activities as
authorized by the City of Eagle applicable ordinances.
d. Screening and Fencing
Security fencing shall not be required at oil or gas well sites during the initial
drilling, or redrilling operations, as long as manned 24-hour on-site supervision
and security are provided.
ii Security fencing shall be at least six feet in height equipped with lockable gates
at every access point and have openings no less than 20 feet wide pursuant to
International Fire Code. Additional lockable gates used to access oil and gas
well sites by foot may be allowed, as necessary. The Fire Chief shall be
provided with a method to access the drill site in the case of an emergency,
preferably by use of the Knox System.
iii Warning signs shall be placed on the fencing surrounding the oil or gas well
site providing notice of the potential dangers and the contact information in case
of an emergency. During drilling and hydraulic fracturing, clearly visible
warning signage shall be hosted on the pad site.
e. Lighting
Lighting at an oil or gas well site, either temporary or permanent, shall be directed
downward and inward and comply with dark sky principles. Flaring is not permitted
between sunset and sunrise.
f. Noise
Extraction activities shall comply with the City's Noise Ordinance, Title 4. Chapter 9,.
Eagle City Code.
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g_ Dust Control, Vibrations, and Odors
To prevent iniury or nuisances to persons living and working in the area
surrounding the operation site. the operator shall conduct drilling and
production in a manner that minimizes dust. vibrations. or odors, and in
accordance with industry best practices for drilling and production of gas and
other hydrocarbons.
ii The operator shall adopt proven technological improvements in industry
standards for drilling and production of reducing dust. vibration. and odor.
If the City determines that the dust. vibrations. or odors related to the drilling
and production use present an unreasonable risk of iniurv. operations shall cease
until such issue is adequately addressed to the satisfaction of the City. If the
City determines that the dust, vibrations, or odors related to the drilling and
production have become a nuisance to persons living and working in the area.
the City shall require the operator to adopt reasonable methods for reducing the
dust. vibrations. and odors. This may include a requirement to install a mud
shaker with construction of access roads for vehicles exiting the site.
iy Operator shall control fugitive dust arising from operations and truck traffic.
Operator shall dust proof the site by applying water. road mixture. or other
means that reduce dust. Petroleum based and synthetic polymers. and
electrochemical products are prohibited.
h. Hours of Operation
Site development, other than drilling shall be conducted only between 7:00 a.m. and
7:00 p.m. Monday through Friday. 9:00 a.m. to 5:00 p.m. on Saturday and at no time
on Sunday. Truck deliveries of eauipment and materials associated with drilling and
well servicing. site preparation and other related work conducted on the site shall be
limited to the above same work hour restrictions except in cases of an emergency.
8. Waiver
In the case of an application for permit under this section. a waiver from an imposed condition(s)
shall be granted if the provision is in operational conflict with Chapter 3. Title 47 of the Idaho
Code or the Rules Governing Oil and Gas Conservation or if an imposed condition(s) would
actually or operationally prohibit the extraction of oil and gas.
The applicant will have the burden to show there is an actual or operational conflict and the local
and state rules cannot be implemented harmoniously.
Section 2: That Title 8, Chapter 3, Section 5, Paragraph K, "Gravel Pits, Rock Quarries, Sand
And Clay Pits And Other Natural Resources Of Commercial Value" be and is hereby amended,
in part, to read as follows with underline text to be added and strike -through text to be deleted:
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K. Gravel Pits, Rock Quarries, and And Clay Pits And Other Natural R Comncrcial
Value:
1. The extent and method -of -rehabilitation shall be determined in advance of issuing a zoning
- - . - ' - :. : - . - . ' : - • ' - - 'hat io cuitablc and a currounding
2-rUpon depletion of the -area, all temper' building3 and structuresTexcept property line fences
■ct ro��ading, measuring or wrial in sterager shall -be
entirely -removed from the propend
3. Safety fencing ,hall be erected around all pito that create a safety hazard,
Oil and Gas Post -Extraction
1. Definition:
Post -Extraction processing activities refer to the handling of oil and gas after it has been extracted
from the earth. more specifically defined as anv and all activity relating to site construction and
maintenance for processing of, oil and natural gas which. is not a part of the extraction process. or
which occurs after the oil, natural gas. produced water. or anv other substance or material has been
removed from the ground, including and/or concerning. but not limited to: (a) waste disposal, (b)
fencing, (c) signage, (d) lighting, (e) venting, (f) flaring. (g) vehicle traffic and access. (h) noise.
(i) height restrictions. (1) setbacks. (k) disposal wells. (1) storage tanks. (m) transfer pipelines. (n)
compression facilities, (o) settling ponds. (p) derricks. (a) wastewater disposal. (r) refining
facilities.
"Post -extraction processing activities" include: "gathering facilities" as defined in I.C. 6 47-
310(10), other facilities, equipment or improvements used or installed for the gathering. treatment.
refining, or other processing of oil or natural gas or other materials or substances. "processing
facilities" as defined in I.C. 6 47-310(26). "gas processing facilities" as defined in IDAPA
20.07.02.23, "pits" as defined in IDAPA 20.07.02.37. and "tank batteries" as defined in IDAPA
20.07.02.51, whether or not located on a well site (as defined in IDAPA 20.07.02.59).
"Post -extraction activities" do not include: "Tanks" as defined in IDAPA 20.07.02.50 when such
tanks are (a) located on a well site as defined in IDAPA 20.07.02.59 and (b) contain materials used
in and necessary for extraction activities.
All other definitions applicable to this Section are found in Title 8, Chapter 3. Section 5. Paragraph
.1, Eagle City Code.
2. Purpose:
The purpose is to provide. through zoning provisions. for the reasonable development of land for
Oil and Gas drilling and post -extraction while providing adequate health, safetv and general
welfare protections of the City of Eagle residents.
Local zoning regulates surface land use as authorized under the Local Land Use Planning Act.
chapter 67. title 65. Idaho Code.
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3. Zoning Classifications:
An oil or gas post -production facilities shall be considered a conditional use within the Zoning
Districts(s) expressly set forth in the Land Use Table, subiect to the standards listed herein.
4. Permit Requirement:
a. No oil or gas post -extraction facility, shall be constructed or located within City of
Eagle unless a conditional use permit has been issued by the City of Eagle to the
applicant approving the construction or preparation of the site for oil or gas post-
extraction.
b. Each application shall be submitted with the fee established pursuant to resolution of
the City of Eagle as adopted. Such fee shall be reasonably related to the cost of
administering this by the City of Eagle.
c. Any modification to an oil and gas post -extraction site that materially alters the size.
location, number of accessory equipment or structures. shall require a modification of
the permit under this ordinance. Like -kind replacements shall not require a permit
modification.
d. Upon receiving application for post -extraction the City Zoning Administrator shall
comply with ECC 8-7-3-5.
5. Permit Application
The applicant shall provide to the City of Eagle at the time of permit application:
a. A narrative describing an overview of the post -extraction project including the number
of acres to be disturbed for development. the process proposed for post -extraction,.
including. compressor stations. dehydration facilities. tanks. pits or ponds. collection
lines. equipment and structures number and description of equipment and structures to
the extent known. Infection wells for wastewater or processed water is prohibited. In
addition to the narrative statement, each application shall contain the following:
• The surface owner's name. address. and phone number.
• The mineral owner's name. address. and phone number (if different than the
surface owner)
b. The address of the oil or gas post -extraction site and a legal description of the parcel as
determined by the City of Eagle and information needed to gain access to the well site
in the event of an emergency.
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c. The contact information of the individual or individuals responsible for the operation
and activities at the oil or gas post -extraction site shall be provided to the City of Eagle
and all applicable Emergency Responders as determined by the City of Eagle. Such
information shall include a phone number where such individual or individuals can be
contacted 24 hours per day, 365 days a near. Annually, or upon any change of relevant
circumstances, the applicant shall update such information and provide it to the City of
Eagle and all applicable Emergency Responders as determined by City of Eagle.
d. A scaled site plan, including elevations or visual aids, of the oil or gas post -extraction
site showing the planned access roads, compressor stations, dehydration facilities,
tanks, pits or ponds, collection lines, equipment and structures and all permanent
improvements to the site and any post construction surface disturbance in relation to
natural resources. Included in this map shall be an area within the development site for
vehicles to locate while gaining access to the oil or gas post -extraction site.
e. A narrative and map describing the planned access routes to the well sites on public
roads including the transportation and delivery of equipment, machinery, water,
chemicals and other materials used in the post -extraction operation of the oil or gas
well site.
f. Comply with Idaho State Water Ouality Standards pursuant to IDAPA 58.01.02.850-
852 addressing procedures for Hazardous Materials Spills (850), Petroleum Release
Reporting, Investigation, and Confirmation (851) and, Petroleum Release Response
and Corrective Action (852).
Pursuant to IDAPA 20.07.02 Section 310.15 (General Drilling Rules) prepare a
comprehensive emergency and spill response guidance document known as a Spill
Prevention, Control and Countermeasure (SPCC) Plan, to address key State and
Federal regulations such as 40 CFR 112.1 through 40 CFR 112.10 (SPCC Regulation)
and IDAPA 20.07.02 (Rules Governing Conservation of Oil and Natural Gas) and
IDAPA 58.01.01 Sections 800-852 (Water Ouality Standards). As needed, incorporate
the unique elements of a Preparedness, Prevention and Contingency Plan and obtain
approval by the applicable Fire District and the Eagle Police Department. The SPCC
Plan will be prepared by a qualified registered Professional Engineer (State of Idaho)
and kept at each drilling/production/workover facility. All oil -handling personnel must
be trained to implement the SPCC Plan, with emphasis upon maintaining oil storage
tanks/containers, secondary containment systems and promptly/safely handling
emergency spills, leaks and accidental discharges of any oil-based fluids and oil -laden
water at the facility. Applicant shall provide the SPCC Plan to the City of Eagle and all
Emergency Responders at least 30 days prior to drilling of an oil or gas well and at
least annually thereafter while drilling activities are taking place at the oil or gas well
site. Drilling shall not commence until the City has approved the Plan. The Plan shall
contain the MSDS (Material Safety Data Sheet) or similar disclosure for all chemicals
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used on site with no exemption for trade secrets. Such Plan shall also contain a
Provision that within 24 hours of the discovery of any oil and/or gas leak, spill, and/or
emission release. the City shall be notified and all operations shall cease immediately
until such equipment has been repaired and prior to operation, operator shall submit
certification from a licensed and qualified professional verifying that the eauipment
has been adeauatelv repaired and the eauipment is safe to return to service. Such
certification will be reviewed by the City Engineer. Prior to any changes. the City shall
be notified regarding any modifications to operations or a change in the use of
chemicals.
g_ Conduct an appropriate site orientation of the SPCC Plan for all applicable Emergency
Responders. as determined by the City of Eagle. The orientation shall be conducted
prior to the commencement of post -extraction activities. The cost and expense of the
orientation shall be the sole responsibility of the applicant.
h. A narrative describing the environmental impacts of the proposed proiect on the site
and surrounding land and measures proposed to protect or mitigate such impacts shall
be provided to the City of Eagle. A copy of any remediation and/or mitigation plan
filed with the State shall be submitted to the City and approved prior to the
commencement of operations. The City reserves the right to provide additional
requirements to a remediation and/or mitigation plan.
i. The applicant. at its own expense. shall provide. prior to post -extraction, current
documentation of baseline water testing. conducted by an independent third -party. on
a minimum of three domestic wells (two down gradient and one up gradient). which
wells shall be located within one-fourth of a mile of the well site. Applicant shall
provide at least one test prior to post -extraction and conduct and provide test results
every Quarter for the first year of operation. Thereafter. such wells shall be retested at
least twice annually and the results submitted to the City. Depending upon the depth of
the domestic wells selected for testing, the City may require an additional monitoring
well(s) at the well site. If two domestic wells are not found within one-fourth mile. the
applicant shall install a monitoring well downgradient of the post -extraction site for
such testing. The depth and location of the monitoring well(s) shall be approved by the
City and based on subsurface geologv and aquifer information provided by the
applicant. All monitoring wells shall also be approved by the Idaho Department of
Water Resources. The following parameters to be tested. include. but are not limited
to. water temperature, pH. specific conductivity. total dissolved solids. maior ions.
(chloride. fluoride. sulfate. nitrate. silica. calcium, sodium. potassium. magnesium).
trace elements (aluminum. arsenic. barium. boron. iron. manganese. selenium.
uranium, iodine). radiochemical (gross alpha/gross beta radioactivity. in addition to
uranium), and organic constituents (benzene. toluene. ethvlbenzene. xylenes (BTEX).,
methane. methyl tertiary butyl ether (MTBE)) heavy metals (cadmium. chromium.
lead, mercury. strontium, vanadium), compounds (formaldehyde, hydrofluoric acid.
nitrogen oxides) and anything else as determined by the City Engineer.
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j_ Automatic emergency shut off valves that can be operated remotely shall be installed
on post -extraction facilities with access to valves provided to the City and the
applicable Fire District in case of fire or explosion.
k. The applicant shall comply with all state and federal air and water quality regulations.
The applicant shall report the receipt of any air or water quality complaints to the City
within 24 hours of receipt.
1. The applicant shall submit proof of a certificate of comprehensive general liability
insurance in the amount of no less than fifteen million dollars ($15,000,000) per
occurrence with an aggregate of thirty million dollars ($30,000,000) and a company
authorized to do business in the state of Idaho shall write the policy. The policy shall
not contain any exclusions of coverage for hydraulic fracturing or mining extraction
activities. The certificate shall require at least 30 day notice to the City prior to
termination of coverage for any reason. The applicant shall secure substitute liability
insurance coverage prior to actual termination: failure to maintain comprehensive
general liability insurance shall result in immediate withdrawal of the permit by the
City. At time of application, the applicant shall provide written indemnification for the
City.
6. Site Design and Installation
a. Access
The permit application shall be submitted to the appropriate road agency (ACHD or
ITD) for comment. Any conditions provided by the agency shall be required.
b. Height
No post -extraction facility shall exceed thirty-five feet.
c. Setbacks/Location
i� Post -extraction facilities shall not be constructed within:
One quarter of a mile from a highway
One half mile from the property line of an occupied structure, a water well,
ditches or canals, an occupied school. hospital/medical facility. or place of
worship/assembly
Otherwise comply with IDAPA 20.07.02.430.01, as may be amended.
ii Recognizing that the specific location of equipment and facilities is an integral
part of the oil and gas development, and as part of the planning process, operator
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shall strive to consider the location of its temporary and permanent operations,
where prudent and possible, so as to minimize interference with City of Eagle
residents' enjoyment of their property and future development activities as
authorized by the City of Eagle applicable ordinances.
d. Screening and Fencing
Security fencing with materials approved by the City, shall be installed around
post -extraction structures and ponds or pits prior to the commencement of post-
extraction.
il.1 Security fencing shall be at least six feet in height equipped with lockable gates
at every access point and have openings no less than 20 feet wide pursuant to
International Fire Code. Additional lockable gates used to access oil and gas
post -extraction sites by foot may be allowed, as necessary. The Fire Chief shall
be provided with a method to access the drill site in the case of an emergency,
Preferably by use of the Knox System.
Warning signs shall be placed on the fencing surrounding the oil or gas post-
extraction site providing notice of the potential dangers and the contact
information in case of an emergency.
iv In construction of post -extraction facilities, the natural surrounding shall be
considered to preserve existing trees and other native vegetation. Existing trees
and respective root systems should not be disturbed whenever possible. Re-
forestation/re-vegetation of the post -extraction site will be provided by the
owner/operator as required by rules governing Oil and Gas Conservation.
e. Lighting
Lighting at an oil or gas post -extraction site, either temporary or permanent, shall be
directed downward and inward and comply with dark sky principles. Flaring is not
permitted between sunset and sunrise.
f. Noise
Post -extraction activities shall comply with the City's Noise Ordinance, Title 4,
Chapter 9, Eagle City Code.
g, Dust Control, Vibrations, and Odors
To prevent injury or nuisances to persons living and working in the area
surrounding the operation site, the operator shall conduct drilling and
production in a manner that minimizes dust, vibrations, or odors, and in
accordance with industry best practices for drilling and production of gas and
other hydrocarbons.
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ii The operator shall adopt proven technological improvements in industry
standards for drilling and production of reducing dust, vibration, and odor.
WI If the City determines that the dust, vibrations, or odors related to the post-
extraction use present an unreasonable risk of iniurv, operations shall cease
until such issue is adequately addressed to the satisfaction of the City. If the
City determines that the dust, vibrations, or odors related to the post -extraction
have become a nuisance to persons living and working in the area, the City shall
require the operator to adopt reasonable methods for reducing the dust,
vibrations, and odors. This may include a reauirement to install a mud shaker
with construction of access roads for vehicles exiting the site.
iv Operator shall control fugitive dust arising from operations and truck traffic.
Operator shall dust proof the site by applying water, road mixture, or other
means that reduce dust. Petroleum based and synthetic polymers, brine water,
sulfur water, water in mixture with any hydrocarbon, including used motor oil,
and electrochemical products are prohibited.
31) Temporary housing is prohibited. Applicant shall provide for adeauate
screening and restroom facilities.
h. Hours of Operation
Site development, other than drilling shall be conducted only between 7:00 a.m. and
7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 P.M. on Saturday and at no
time on Sunday. Truck deliveries of equipment and materials associated with drilling
and well servicing, site preparation and other related work conducted on the site shall
be limited to the above same work hour restrictions except in cases of an emergency.
7. Waiver
In the case of an application for permit under this section, a waiver from an imposed condition(s)
shall be granted if the provision is in operational conflict with Chapter 3, Title 47 of the Idaho
Code or the Rules Governing Oil and Gas Conservation or if an imposed condition(s) would
actually or operationally prohibit the extraction of oil and gas.
The applicant will have the burden to show there is an actual or operational conflict and the local
and state rules cannot be implemented harmoniously.
Section 3: That Title 8, Chapter 2, Section 3 "Official Schedule of District Regulations", be and
is hereby amended, in part, to read as follows with underline text to be added:
LAND USES DISTRICTS
Industrial: A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
Oil and Gas P P P P P P P PP PP P P P P P
Extraction
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LAND USES
lndustnal A
Oil and Gas
Post -
Extraction
A -R
R -E
R
C -A
C -I
DISTRICTS
C-2 C-3 CBD
M-1
BP
M-2 M-3
c
Section 4: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
PS
Section 5: This ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted thisAth day ofd,_, , 2018.
CITY OF EAGLE
Ada County, Idaho
SFT AN RIDGEWAY
MAYOR
ATTEST:
`SHA ON K. BERGMANN,
CITY CLERK
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