Ordinance - 2019 - 794 - Gas And Oil - 02/12/2019ORDINANCE NO. 794
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE
8, CHAPTER 3, SECTION 5, PARAGRAPH J, "OIL AND GAS EXTRACTION",
SUBSECTIONS 5(j) AND 8 "WAIVER"; AMENDING TITLE 8, CHAPTER 3, SECTION 5,
PARAGRAPH K, "OIL AND GAS POST -EXTRACTION" SUBSECTION 7 "WAIVER";
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, on June 26, 2018, the City Council adopted Ordinance 792 to provide for the
regulation of oil and gas extraction and post -extraction within the City; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Eagle City Code regarding the regulation of oil and gas extraction and post -extraction within the
City; 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; and
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, Subsection 5(j) be and is hereby
amended, to read as follows with underline text to be added and strike -through text to be deleted:
j. The applicant or permittee, at its own expense, shall provide, prior to drilling, documentation
and results of a completed baseline subsurface testing program, conducted by an qualified
independent third -party, characterizing potential water bearing zones, utilizing non-invasive or
minimally -invasive exploration methods. The methods employed may include, for example,
geophysical techniques such as electrical resistivity, electromagnetics, seismic refraction, gravity,
electrical resistivity tomography and ground penetrating radar, or exploratory drilling. Selection
of an approach utilizing one or more of these methods, or alternatives proposed by the applicant
or permittee, must be approved by the City Council, as advised by the City Engineer or an
independent Qualified third -party as designated by the City Council. A sub ,urfaec characterization
regarding known and potential • . - : - ., ' - : - • - -- . : - : -
Gurfaee c;ipleration for groundwatc- . Approved mcthod3 include: geologic method,, remote
Page 1 of 3
K:ICOUNCIL\OrdinanceslOrd 794 oil and gas mod.doex
g 'sical m- _. - - - _ - - -- :: .:-•b
rection method, seismic r - ' : - -- :: , ' -- - -- - - :: , - - ctromagnetic method, or
fl -penning radar and others). The City Engineer shall determine which iY ed{s)-sheuld
be utilized.
If hydraulic fracturing or a similar process is approved by the Idaho Department of Lands, in any
proposed production drill hole, the applicant or permittee, at its own expense, shall provide, prior
to conducting hydraulic fracturing or a similar process, documentation and results of baseline
subsurface testing, utilizing the electrical resistivity tomography technique (ERT), to evaluate the
subsurface volume within and around the drill hole, particularly regarding the presence of any
water bearing zones. If hydraulic fracturing or similar process is carried out in any such drill
holes(s), periodic ERT monitoring shall be conducted on a schedule approved by the City Council,
to evaluate any physical or chemical changes that may be occurring over time. Any and all of such
testing and/or data collection, including the initial instrumentation of any proposed production
wells, to accommodate subsequent ERT data collection, shall be approved by the City Council and
supervised by City staff, the City Engineer, or an independent third -party as directed by the City
Council. pei4odic ERT -- : - - _ . • .. - .. - - dule approved by the City.
To eliminate conflicts of interest, the investigation will be pied in accordance with the
current standard of care by a qualified third party expert whe-has no direct or indirect association
with the " ga3 firm holding the drilling permit.
Section 2: That Title 8, Chapter 3, Section 5, Paragraph J, Subsection 8 "Waiver" be and is hereby
amended, to read as follows with underline text to be added and strike -through text to be deleted:
8. Waiver
In the case of an application for permit under this section, a waiver from an imposed condition(s)
shallmay be granted if the provisconditionW is in op onflict with Chapter 3, Title 47 of
the Idaho Code : ! ' . - : _ . : - - ration or if an imposed conditions)
factually or ope ationally prohibit the extraction of oil and gas.
The applicant will have the burden to show there is an actual or operational conflict with Chapter
3, Title 47 of the Idaho Code, and that the local and state rules cannot be implement harmoniously.
Section 3: That Title 8, Chapter 3, Section 5, Paragraph K, Subsection 7, "Waiver" be and is
hereby amended, to read as follows with underline text to be added and strike -through text to be
deleted:
7. Waiver
In the case of an application for permit under this section, a waiver from an imposed condition(s)
shailmay be granted if the provisconditionb_i is in operatienal-conflict with Chapter 3, Title 47 of
the Idaho Code or the Rues Governing Oil and Gas Conservation or if an imposed -conditions}
would actually or operationally prohibit the extraction of oil and -gas.
Page 2 of 3
K:1COUNC11.U)rdinances\Ord 794 nil and gas mod.docx
The applicant will have the burden to show there is an actual or operational conflict with Chapter,
3, Title 47 of the Idaho Code, and that the local and state rules cannot be implemented
harmoniously.
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.
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 this 12`1' day of February, 2019.
CITY OF EAGLE
Ada County, Idaho,
STAN RIDGEWA
MAYOR
ATTEST:
HARON K. BERGMANN
CITY CLERK
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Page 3 of 3
6 \(111' N( 11 1( illi111.1rkea\( kJ 794 oil and gds mod Jut
Idaho Statesman
• the tlew•Pepe• of the t.e••.,,• V•14y
IDAI.OS MAN COM
PO Box 40, BoiseID 83707-0040
LEGAL PROOF OF PUBLICATION
:un; x I AdNun,bsi I L:e^t', at e,.
2'i3905 C•0C•4090594 ORDINANCE NO -94 AN ORDINANCE Or THE
Attention: Tracy E Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO 794
NN ORDINANCE OF THE CITY OF
EAGLE. A1)A COUNTY IDAHO,
AMENDING TITLE 8, CHAPTER 3,
SECTION 5. PARAGRAPH J. 'OIL
AND GAS EXTRACTION". SUB-
SECTIONS 5fI�l AND 8 "WAIVER":
AMENDING TITLE LE 8, CHAPTER 3.
SECTION 5. PARAGRAPH K. 'OIL
AND GAS POST -EXTRACTION"
SUBSECTION 7 "WAIVER"; PRO-
VIDING A SEVERABILITY CLAUSE:
AND PROVIDING AN EFFECTIVE
DATE
WHEREAS. the City of Eagle. Ida-
ho is a municipal corporation or-
ganized and operating under the
taws of the State of Idaho; and
WHEREAS, on June 26, 2018.
the City Council adopted Ordi-
nance 792 to provide for the
regulation of oil and gas extrac-
tion and post -extraction within
the Crty, and
WHERES, the Mayor and Coun-
cil have determined that good
cause exists for amending the
Eagle City Code regarding the
regulation of oil and gas extrac-
tion and post•extrachan within
the City, and
WHEREAS, pursuant to Chapter
3, Title 50 of the Idaho Code, the
City of Eagle is authorized to en-
act ordinances to maintain the
Peace. good government and
'welfare of the corporation and its
trade. commerce and industry;
and
WHEREAS, pursuant to Chapter
3. Title 47, and Chapter 55, 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 OR-
DAINED 81' THE MAYOR AND
CITY COUNCIL OF THE CITY OF
EAGLE, Ada County. Idaho,
Section 1. That Title 8, Chapter
3, Section 5. Paragraph J, Sub
section 511} be and is hereby
amended, to read as follows with
underline text to be added and
strike -through text to be deleted.
I. The applicant or permittee, at
its own expense, shall provide.
prior to drilling. documentation
and results of a completed base-
line subsurface testing program.
conducted by an qualified wide -
Pendent thirdparty, Characteriz-
ing potential water bearing
zones, utilizing noninvasive or
minimally -invasive exploration
methods. The methods em-
ployed may include. for example.
geophysical techniques such as
electrical resistivity. electromag•
netics. seismic retraction. grave
ty, electrical resistivity
tomography and ground pene-
trating radar. or exploratory dr:11-
ing Selection of an approach uti-
irzing one or more of these meth-
ods, or alternatives proposed by
the applicant or permittee, must
be approved by the City Council,
as advised by the City Engineer
or an independent qualified third•
Fit_ }elft_) i . I-ILED
CITY OF EAGLE
FEB 2 6 2919
File:
Route tr•
ids
_Ines I
VICTORIA RODELA being duly sworn
deposes and says That she is the
Principal Clerk of The Idaho
Statesman a daily newspaper printed
and puolished at Boise Ade County
State of Idaho and having a
general u'culaiion therein and which
said newspaper has been
continuously and uninterruptedly
pL.blished rn saic C.,nty during a
period of twelve consecutive months
prior to the first publication of the
notice a copy of,nhich is attachec
hereto that said notice was published
in The Idaho Statesman in conformity
with Section 50-108 Idaho CDce a5
amended for
1 Insertions
Begrnnino issue of
Erding issue of
iLagals Clerks
02+18'2019
02,18 2019
STATE OF IDAHO Y
SS
COUNTY OF ADA
Or this 1',E-th day of February in the
year of 2019 before me a Notary
Public personally appeared before
me Victoria Rocela Known cr
identified :o me to be the oerso,
whose name subscribed to the Milli'
ms:rument and neing by first culy
SP/0" . declared Lha: the statements
therein are true and acKnowledaed to
nr- she exer_utea the same
Darty as designated by the City
Council.
If hydraulic fracturing or a similar
process is approved by the Ida-
ho Department of Lands, in any
proposed production drill hole,
the applicant or permittee, at its
own expense, shall provide, prior
to conducting hydraulic
fracturing or a sinular process,
documentation and results of
baseline subsurface testing, uti-
lizing
talizing the electrical resistivity
tomography technique (ERT), to
evaluate the subsurface volume
within and around the drill hole.
Particularly regarding the pres-
ence of any water bearing
zones. If hydraulic fracturing or
similar process is carried out in
any such drill holes(s), periodic
ERT monitoring shall be conduct-
ed on a schedule approved by
the City Council, to evaluate any
physical or chemical changes
that may be occurring over time.
My and alt of such testing
and/or data collection, including
the initial instrumentation of any
proposed production wells, to
accommodate subsequent FRT
data collection, shall be ar -
proved by the City Council and
supervised by City staff. the City
Engineer, or an independent
third -party as directed by the
City Council.
Section 2: That Title 8, Chapter
3, Section 5, Paragraph J, Sub-
section
section 8 'Waiver be and is
hereby amended. to read as fol-
lows with underline text to be
added and strike -through text to
be deleted:
B.Waiver
In the case of an application for
permit under this section. a waiv-
er from an imposed condition(s)
may be granted if the
condition(s) is in conflict with
Chapter 3, Title 47 of the Idaho
Code.
The applicant will have the bur-
den to show there is conflict with
Chapter 3, Title 47 of the Idaho
Code, and that- the lac-al—arid
state rules cannot be implement
harmoniously.
Section 3: That Title 8, Chapter
3, Section 5, Paragraph K. Sub-
section 7, 'Waiver be and is
hereby amended, to read as fol-
lows with underline text to be
added and strike -through text to
be deleted:
7.Watver
In the case of an application for
permit under this section, a waiv-
er from an imposed condition(s)
shatlmay be granted if the
proviscondition(s) is in conflict
with Chapter 3, Title 47 of the
Idaho Code.
The applicant wal have the bur-
den to show there is conflict with
Chapter 3, Title 47 of the Idaho
Code, and that the local and
state rules cannot be implement-
ed harmoniously.
Section 4: The provisions of this
ordinance are hereby declared
to be severable and if any provi-
sion of this act or the application
of such provision to any person
or circumstance is declared inva-
lid for any reason, such declara-
tion shall not affect the validity of
remaining portions of this ordi-
nance.
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 Sec-
tion 50-901A. Idaho Code, may
be published.
Approved and adopted this
12th day of February, 2019.
CITY OF EAGLE
Ada County, Idaho
STAN RIDGEWAY
MAYOR
ATTEST:
SHARON K. BERGMANN
CITY CLERK
0004090594-01