Chapter 5 · Business Regulations

Article 3. Oil and Gas Well Operations

Sections 5-301 to 5-315 · 15 sections

5-301 Purpose.

The purpose of the regulation of the drilling, pumping and operation of oil and gas wells within the City of Paola, is to promote the orderly and economic development, production and utilization of oil and gas, and to protect the rights of all the citizens of said City.

(Prior Code 2016 §630.010; Ord. 2294; Code 2021)

5-302 License or Permit Required; Application and Deposit Fee.

It shall be unlawful for any person, firm or corporation to drill or commence operations for the drilling of a well for oil and gas purposes at any place within the City limits of the City of Paola, without first having obtained from the Governing Body of said City a license or permit for the commencement of such operations, and for the drilling of such well. The applicant for such permit shall, at the time of making application therefor, deposit with the City Clerk a fee of one hundred dollars ($100.00) and in the event such permit is granted, said fee shall be retained by the City, but if such permit is denied, said fee shall be returned to the applicant.

(Prior Code 2016 §625.020; Ord. 2294; Code 2021)

5-303 Requirements For Permit Issuance.

(a)No such permit shall be granted by the Governing Body until the application therefor shall have been submitted with satisfactory evidence as follows:

(1)The applicant has a valid oil and gas lease or leases, signed by fifty-one percent (51%) of the owners of real property containing more than five thousand (5,000) square feet, and located within five hundred (500) feet of the proposed well location; which said lease shall contain a provision or shall be accompanied by an agreement in writing providing for the pooling of all royalties and rentals arising from said leases or from production on said leased property to be distributed among all of the property owners in the area or territory attributable well or wells which may be drilled under said lease, which said distribution shall be made to the respective property owners, including leasing property owners and non-leasing property owners, in accordance with the number of square feet owned by each property owner in said area or territory.

(2)A map or plat of the area covered by said oil and gas lease, showing the proposed location of each well together with the written consent of the owner of the land on which said well is proposed to be located, consenting to the drilling of said well on said land, which said map or plat shall also show the location of all residences, buildings, and other structures within a five hundred (500) foot radius of such proposed location.

(3)A drilling agreement providing adequate protection to all persons who might be concerned with such drilling operations, including a reasonable and adequate plan for the handling of slush, base sediment, and salt water that may be produced in connection with the drilling and operation of said well, together with facilities for the handling of production to the end that it may not be necessary to store oil in any populated area, which said agreement shall also provide that in the event said well is non-productive, all tools, equipment, and machinery used in connection with the drilling of said well shall be removed within sixty (60) days thereafter, and the premises fully restored to their original condition as nearly as practicable.

(Prior Code 2016 §625.030; Ord. 2294; Code 2021)

5-304 Certification of Insurance Required Before Issuance of Permit.

No such permit shall be granted by the Governing Body and no oil or gas well shall be drilled or operated within the City of Paola, Kansas, until the operator shall have filed with the City Clerk of said City a certification of insurance insuring the operator against bodily injury to persons in an amount not less than one hundred thousand dollars ($100,000.00) for each person and three hundred thousand dollars ($300,000.00) for each accident and insuring said operator against damages to property in an amount not less than one hundred thousand dollars ($100,000.00) for each accident and further insuring said operator against bodily injury from motor vehicle and trucking operations in an amount not less than one hundred thousand dollars ($100,000.00) for each person and three hundred thousand dollars ($300,000.00) for each accident. Evidence of such insurance shall be kept on file with the City Clerk of said City continuously so long as any such well or wells are being drilled or operated within said City.

(Prior Code 2016 §625.040; Ord. 2294; Code 2021)

5-305 Pumping Equipment Must Be Enclosed or Fenced.

From and after April 13, 1982, all producing oil or gas wells within the City of Paola, Kansas, which are equipped with pumping equipment shall have such pumping equipment enclosed or fenced with a substantial mesh wire fence or such other type of enclosure as may be approved by the Governing Body of said City, sufficient to prevent persons who might be injured thereby from gaining access to such pumping equipment.

(Prior Code 2016 §625.050; Ord. 2294; Code 2021)

5-306 Wastes Removed From Well Site.

All wastes from the drilling, pumping, and operation of oil or gas wells shall be removed from the well site, and no wastes of any kind shall be permitted to enter any storm or sanitary sewer or waste disposal system of the City of Paola; provided however, salt water may be returned to a water strata in accordance with State of Kansas regulations.

(Prior Code 2016 §625.060; Ord. 2294; Code 2021)

5-307 Oil Storage Tanks, Tank Batteries Protected By Dikes.

All oil storage tanks and tank batteries shall be protected by dikes of sufficient height to prevent oil from escaping in the event of the leaking or bursting of said tanks.

(Prior Code 2016 §625.070; Ord. 2294; Code 2021)

5-308 Drilling.

The drilling of oil and gas wells shall only be permitted in Zone D in the City of Paola, and no well shall be drilled within three hundred thirty (330) feet of any property that has a Zoning Classification of either A, or B in said City, nor shall any well be drilled within five hundred (500) feet of any producing oil or gas well.

(Prior Code 2016 §625.080; Ord. 2294; Code 2021)

5-309 Drilling Operations; Prohibited Hours.

Drilling operations on a parcel of land shall not take place between the hours of 8:00 P.M. and 8:00 A.M.; however, continuous auguring, fluid circulation or other sufficient techniques to prevent explosive conditions during the ceasing of drilling operations shall be employed. Drilling operations shall not exceed one hundred eighty (180) days at any one well after the date of the issuance of the drilling permit, and the permit shall become void after that time. All drilling equipment shall be removed from the drilling site one hundred eighty (180) days after the date of the issuance of the drilling permit as aforesaid, and within thirty (30) days of the completion of such operation, all drilling equipment and accessories shall be removed from the site.

(Prior Code 2016 §625.090; Ord. 2294; Code 2021)

5-310 Unproductive Wells.

All unproductive wells shall be plugged within sixty (60) days after drilling of the well has ceased, and any unused productive well shall be capped within said period of time.

(Prior Code 2016 §625.100; Ord. 2294; Code 2021)

5-311 Electric Motors To Operate Pumping Equipment.

(a)Electric motors only shall be used to operate pumping equipment.

(b)Excess natural gas shall not be allowed to escape into the air or be burned off.

(c)All pipes shall be of plastic or non-metallic or corrosion resistant material. Pipelines shall be buried at a depth below the frost line.

(d)A sign shall be placed in a conspicuous place at each well or test hole stating the name of the driller and operator, their telephone number and their address.

(e)The owner of the lease shall comply with all laws, rules and regulations of the State of Kansas, and the United States of America, pertaining to oil and gas drilling and production operations.

(Prior Code 2016 §625.110; Ord. 2294; Code 2021)

5-312 Written Agreement To City.

The property user or lessee shall submit a written agreement to the City of Paola, holding and saving the City harmless from all claims, damages, expenses and losses arising out of the drilling or production of oil or gas from the leased premises. The City shall be named as an insured in the policy or policies of insurance required in Section 5-304 hereof.

(Prior Code 2016 §625.120; Ord. 2294; Code 2021)

5-313 Non-Conforming Use.

Existing oil or gas wells that have been producing during the past six (6) months from April 13, 1982 are a non-conforming use and the license fee herein provided for need not be paid; however, the owner of the same must provide the insurance coverage required in Section 5-304 hereof within thirty (30) days after April 13, 1982 as aforesaid.

(Prior Code 2016 §625.130; Ord. 2294; Code 2021)

5-314 Unlawful Acts.

It shall be unlawful for any person to lay or maintain any pipe or pipelines for the transportation of oil or any other substance in the streets, alleys, or other public places of the City without having first obtained a franchise ordinance granting permission so to do. All such pipe lines shall thereafter be laid, maintained, and operated in accordance with the terms of said franchise.

(Prior Code 2016 §625.140; Ord. 2294; Code 2021)

5-315 Violation and Penalty.

Any person, firm, or corporation hereafter drilling or commencing operations for the drilling of any oil or gas well in violation of the provisions of this article, or thereafter pumping or operating any well drilled in violation of this article, shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), or by imprisonment in the City Jail for not more than thirty (30) days, or by both such fine and imprisonment and each day’s violation of this article shall be deemed a separate offense.

(Prior Code 2016 §625.150; Ord. 2294; Code 2021)