AN EMERGENCY ORDINANCE REGULATING THE DRILLING, EQUIPPING AND OPERATION OF UNDERGROUND INJECTION CONTROL WELLS
WHEREAS, the Town of Vian, Oklahoma, pursuant to the powers delegated to it by the Oklahoma Constitution, has the authority to enact laws that promote the public health, safety, and general welfare of it’s residents; and
WHEREAS, the Town of Vian, Oklahoma, acting through the Board of Trustees, finds that regulations are immediately needed for the promotion of the public health, safety, and general welfare of it’s residents, to regulate the drilling, equipping, and operation of any Underground Injection Control (UIC) Wells, within the limits of the Town of Vian due to the impending possibility of the placement of an Underground Injection Control (UIC) within the Town of Vian limits.
BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF VIAN, OKLAHOMA:
1. PURPOSE:
The purpose of this Ordinance is to regulate the drilling, equipping, and operation of any Underground Injection Control (UlC) Wells within the town limits of the Town of Vian, Oklahoma.
2. DEFINITIONS
Underground Injection Control Well means those types of underground injection wells defined in 40 C.F.R., Part 144.6.
3. PROVISIONS
1. Permit Required:
No person or legal entity shall drill or operate an Underground Injection Control (UIC) well within the corporate limits of the Town of Vian, without first securing a permit from the Board of Trustees of the Town of Vian.
2. Requirements for Permits:
A. Every application for a permit to drill and operate an UIC well shall be in writing and signed by the applicant and submitted to the Board of Trustees for approval.
B. The application shall include the following:
i. Name and address of applicant and date of application.
ii. The location of the proposed well, including a map of the six hundred, forty (640) acres surrounding the drill site, including thereon the location of the proposed well, and the distances therefrom to all existing dwelling houses, buildings or other structures designed for the occupancy of human beings or animals within two thousand (2,000) feet of any such well. The map shall also show the location of proposed roadways and surface facilities associated with the well.
iii. The names of all surface fee simple and surface leaseholders of property owners within two thousand (2,000) feet of the proposed well and surface facilities.
iv. A copy of an approved drilling permit from the Oklahoma Corporation Commission and written approval from the Cherokee Nation Environmental Protection Commission, including a copy of the staking plat.
v. All drilling information to specify, in detail, the depth of the proposed UIC well; the amount, size, weight, and conduction of all pipe including surface pipe and production pipe; the brand, type, and capacity of the pump to be placed on the well; the planned volume of injection or disposal per day in the proposed well; the formation or formations into which the liquids are planned to be injected; the injection pressure per square inch of the liquids injected; the depth of the proposed disposal formation or formations; a summary of the precautions to be taken to protect the fresh water supply; and the methods of monitoring the proposed injection well and the fresh water supply.
vi. A statement of the provisions for water for the drilling operation.
vii. Proof of Pollution liability insurance with a minimum of Three Million Dollars ($3,000,000.00) in blanket coverage and bodily injuries coverage of $100,000.00 per person and $300,000.00 per accident.
viii. A bond or irrevocable letter of credit to the benefit of the Town of Vian in the sum of Three Million Dollars ($3,000,000.00) from a bank or insurance company bonding company acceptable to the Town of Vian.
3. Prohibitions:
The following underground injection wells are prohibited within the Town of Vian:
i. Class I wells for hazardous waste or radioactive waste.
ii. Class II wells constructed and operated within two thousand (2,000) feet of any school or business.
iii. Class III wells.
iv. Class IV wells for hazardous waste or radioactive waste.
v. Any well that the Board of Trustees finds would create an unreasonable risk of harm to wildlife, human health, natural resources, fresh water supply, or other parts of the environment.
4. Annual Fee to Operate and Usage Fee:
A. An annual inspection fee is hereby levied upon each well operated and maintained within the Town. The amount of this fee shall be Seventy-Five Thousand Dollars ($75,000.00) per year. The fee shall be payable to the Town on the date of issuance of the requested permit and on or before the annual aniversary date of the issuance of any permit. No permit for any well shall be considered valid for any year for which the annual inspection fee has not been paid.
B. In addition the Town of Vian shall charge a usage fee on vehicles discharging materials at any sight, which is subject to this ordinance in the amount of One Hundred Dollars ($100.00) per vehicle. Said usage fee shall be used to maintain the Streets and other infrastructure of the Town to compensate for the additional use of the Town’s roads/streets by heavy vehicles.
5. Issuance or Refusal of Permit:
The Town of Vian Board of Trustees shall act upon all completed applications within sixty (60) days of their receipt. The decisions of the Town of Vian Board of Trustees are final.
6. Severability:
The provisions of this ordinance are severable and if any part of the provisions hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this ordinance.
7. Emergency Declared:
It being immediately necessary for the welfare of the Town of Vian, the Board of Trustees hereby declares that an emergency exists, by reasons whereof this ordinance shall take effect and be in full force immediately after its passage, approval, and publication.
PASSED AND APPROVED and the Emergency Clause voted upon separately and passed and approved this 18th of January, 2010.
Kenneth Johnson
Mayor
(SEAL)
Jenetta Ross
Town Clerk
