12-64 Ordinance
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ORDINANCE NUMBER I Z.-~1
VILLAGE OF DUBLIN, OHIO
An ordinance regulating the drilling of oil and gas
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, I wells within the limits of the Village of Dublin.
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Be it ordained by the Council of the Village of Dublin, I
Ohio, S of the members elected herein concurring: I
SECTION 1: DEFINITIONS
For the purpose of this ordinance and for all purposes
under this ordinance the following words and terms wherever
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and whenever used or appearing in this ordinance shall have
the scope and meaning hereinafter defined and set out in
connection with each:
A. The word "person" means any natural person, corporation,
association, partnership, receiver, trustee, executor, admini- I
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I guardian, fiduciary or other representatives of any
l.; strator,
kind and includes any government or any political subdivision I
or any agency thereof. The masculine gender in referring to I
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a person includes the feminine and neuter genders.
B. The word "well" shall include and mean any hole or I
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holes, bore or bores, to any sand, formation, strata or
depth, which is, or are drilled, bored, sunk, dug or put down
for the purpose of exploring for or ascertaining the existence
of any oil, gas, liquid hydrocarbon or any of them, or for
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the purpose of producing and recovering any oil, gas, liquid .
r"\ hydrocarbon or any of them.
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\ C. The word "oil" means crude petroleum oil and other I
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I of gravity that are produced in
hydrocarbons regardless
liquid form by ordinarJ production methods, but does not
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include liquid hydrocarbons that were orginally in a gaseous
phase in the reservoirJ
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D. The word "gas" means all natural gas and all other
fluid hydrocarbons not hereinabove defined as oil, including
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condensate because it orginally was in a gaseous phase in the
reservoir.
E. The word "owner" means the person who has the.right
to drill into and produce from a pool and to appropriate the
oil or gas that he produces therefrom, either for himself
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F. The word "licensee" means the person to whom is
issued a license for the drilling and operation of a well I
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under this ordinance, and his or its administrators, executors, I
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heirs, successors and assigns.
G. All technical or oil and gas industry words, terms
or phrases used herein and not specifically defined herein I
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shall have the meaning customarily attributed thereto by I
prudent operators in the oil and gas industry.
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SECTION 2: No person, firm, association or corporation
r"\ shall commence to drill a well for oil or gas within the
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, limits of the Village of Dublin, Ohio, until such time as the I
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person, firm, association, or corporation has wholly complied ,
with all provisions in this ordinance hereinafter set forth I
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and permission has been granted to the person, firm, association, I
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or corporation by a drilling license as hereinafter provided I
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which license shall expire Ninety (90) days after the date of
issuance. ,
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SECTION 3: APPLICATION I
Any person desiring to drill, I
complete and operate a
well for oil or gas within the Village of Dublin shall present
r- an application in duplicate therefor to the Clerk-Treasurer I
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\ of the Village, which application shall be in writing, be
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signed by the applicant or some person duly authorized to
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sign for the applicant, and shall state: I
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(a) The name' and address of the applicant,
and if applicant is a corporation,
the State of Incorporationl and if
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applicant is a partnership/the names
and addresses of the general partners.
(b) The date of the application.
(c) The names and addresses of all persons
holding fee, title or any interest derived
therefrom in the subject tract or within
a proposed drilling unit.
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\ (d) The number of the drilling unit, the
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., particular lot and block number or
tract and the drilling unit on which I
the proposed well is to be located, and
the exact location of the proposed well by
dimensions from the lines of the unit
lease.
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(e) The proposed total depth of the well. i
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(f) The type of drilling tools and equip- I
ment to be used.
(g) The exact and correct number of square
feet in the lease or unitized lease for I
which the applicant has control of oil
rights or gas rights/and applicant shall
be required to own in fee or hold under .
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lease or drilling contract from the ,
owners of not less than fFor.t,ii' (40) I
acres and all of the lots and lands
('\ shall be contiguous. Lots and lands I
across a public street shall be deemed
.. as being contiguous.
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(h) Each application for license shall be I
accompanied by a map prepared by an I
Ohio Registered Surveyor showing and I
containing the following data:
(1) The subject tract of land or
drilling unit upon which the
well is to be drilled, which
shall show all parcels or tracts I
of land for which a lease has
been obtained.
(2) The location of the proposed well I
and the proposed location of oil .
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storage tanks on the subject tract
of land or drilling unit established
by a field survey, showing the I
("\ distances in feet from the proposed I
well site and oil storage tanks I
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tract or drilling unit and the I
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distances to all residence buildings
within six hundred (600 ) feet of I
thelproposed well or oil storage
tank location. I
(3) The exact location of the proposed
we 11, with respect to the drilling
unit boundaries and with respect I
to the boundaries of the lease
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or unitized lease on which applicant
has secured the rights from the
owners to drill, designation of
lots, blocks or tracts owned or I
controlled by the applicant within I
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the drilling unit/ and the distances
from the well location to all parks,
streets, alleys other public
property, residences, commercial
,.. builaings and structures
, situated within seven hundred fifty
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. (750) feet of the well location.
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(4) The location, size and implementation I
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of all drainage facilities, tile, ditches, i
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etc. , which lie within the work
limits of the proposed well site I
and storage tank sites. I
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SECTION 4: No license shall be issued to drill, deepen,
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reopen, or plug back a well for the production of oil or
gas unless the proposed well is located:
( a) Upon a tract or drilling unit
containing not less than forty
(40) acres; I
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(b) not less than five hundred (500 )
feet from an inhabited building;
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~\ (c) not less than two hundred (200) I
feet from any building;
( d) not less than two hundred thirty
(230) feet from a boundary of the
subject tract or drilling unit; I
(e) not less than four hundred sixty
(460 ) feet from an existing well;
( f) not less than one hundred (100) ,
feet from any road, highway, ,
or street. I
SECTION 5: STATE PERMIT REQUIRED
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No lj.cense for drilling for oil or gas within the Village
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shall be issued until the applicant shall have first obtained
a permit for oil or gas drilling from the Division of Mines,
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Department of Industrial Relations, of the State of Ohio.
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.., A copy of the permit shall be included with each application.
SECTION 6: LICENSE FEE .
The charge for each gas or oil drilling license shall be I
Seven Hundred Fifty Dollqrs ($750.00) and shall be paid
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when the application for such license is made. This is a fee I
for the purpose of defraying the expenses of administration and
enforcement of regulatory ordinances concerning the drilling of
oil or gas wells within the limits of the Village of Dublin and I
to defray the expenses of inspections of oil or gas well sites.
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~ Each license issued under this ordinance shall (1) by ,
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reference having incorporated therein, all provisions of this I
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ordinance with the same force and effect as if this ordinance I
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were copied verbatim in the license; (2) specify definitely the I
location of the well and the number of the drilling unit in I
which the well is to be located; (3) specify that drilling shall
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beg in wi thin ni.nety (90) days from the date of the license or the I
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license shall be forfeited; provided however such forfeiture
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shall not affect the right of applicant to apply for another I
lie ense; (4) specify that such license shall remain in full I
force and effect until! the well is abandoned.
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I SECTION 7: No equipment, material, drilling rigs, and
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other equipment may be placed on any site until all necessary I
permits and licenses have been obtained.
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SECTION 8: It shall be unlawful for any person to conduct
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drilling operations after 10:00 p.m. or before 7:00 a.m. each I
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day. It shall be unlawful for any person to conduct drilling I
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operations on Sundays. .
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SECTION 9: It shall be unlawful for any person to permit I
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to escape any mud, oil, water, slush or other waste matter relat- .
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ed to the drilling or operating of any oil or gas well into any
f". adjoining lots upon which permittee does not have contractural I
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, rights to use the surface or upon lands leased to someone other I
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than the permittee or into the alleys, streets, gutters or
sewers of the Village of Dublin; and within fifteen (15 ) days
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after the completion or abandonment of any oil or gas well the I
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mud and other similar matter and materials used in connection with
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the drilling and operation thereon shall be removed from the
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premises. I
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SECTION 10: It shall be unlawful and an offense for I
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any person acting either for himself or as agent, employee, I
independent contractor or servant of any other person to I
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commence to drill, to drill or to operate any oil or gas I
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well within the limits of the Village of Dublin or to work
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\ upon or assist in the prosecution and operation of any such I
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well without a license for the drilling and operation of
such well having first been issued in accordance with the
provisions of this ordinance.
SECTION 11: All persons engaged in the drilling and
operation of oil or gas wells within the limits of the
Village of Dublin shall comply with the following rules and
regulations:
(1) All storage tanks shall be located I
below ground and shall be covered with I
a minimum of six (6) inches of earth.
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(2) Each drilling or production area shall
(' be enclosed by a six (6) foot high fence
I of chain link or comparable construction
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'- which encloses an area and radius one
hundred (100) feet from the center of I
the drilling rig.
(3) A minimum of four hundred twenty (420) ,
feet of surface p~pe must be set which I
must be cemented from the depth of I
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four hundred twenty feet (420) to the ,
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top of the surface of the earth.
(4 ) Each well being drilled must have a I
workable blowout valve. I
(5) No person engaged in drilling or operat-
ing any well shall permit gas to escape
or be vented into the air unless said gas
be flared and burned. All gas flared and I
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burned from a torch, pipe or other burning I
device, within the Village of Dublin must
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~ be done in such manner so as not to I
constitute a fire hazard to any property;
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. other burning device, the construction thereof, I
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the maintenance thereof, and the operation
thereof, shall at all times be in full
compliance with such regulations as may from I
time to time be issued by the Fire Chief of I
the Townships of Perry and Washington. I
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(6) No oil, I sludge water or salt
waste water,
water, produced or used in connection with
the drilling operation or production of oil
or gas wells, shall be disposed of within
the limits of the Village and shall not be I
permitted to empty into any sanitary sewer,
storm sewer or surface drainage. Provided, I
however, that temporary repositories for
salt water, waste or sludge water and basic
^ sediment and water, may be constructed of
.. concrete, steel or other material which is
C impervious to and impenetreable by oil or
., water; and in the latter case such pits for
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temporary deposits shall be so constructed
that no seepage shall result therefrom and
that surface water resulting from water I
drainage or rain, cannot drain into said I
pit. And provided further that disposal I
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of salt water may be made in a well drilled
for that purpose or an abandoned oil well, I
provided that approval for such disposal
be first obtained from the Chief Inspector
of the Oil and Gas Division of Mines,
Department of Industrial Relations of the I
state of Ohio.
(7 ) Whenever any well is abandoned within the I
limits of the Village of Dublin, it shall
be the obligation of the permittee to plug
such well in accordance with the rules and
regulations of the Department of Industrial I
f" Relations, Division of Mines, and to take
, any and all additional provisions or pre- I
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., cautionary measures prescribed by the state
of Ohio in connection with abandonment and
plugging of the well. ,
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It shall be the further obligation of the
permittee or the operator of the well to I
cut the surface casing off at least six (6'
feet below the surface of the ground and to
place at least a twenty-five (25' ) foot I
cement plug in the top of the casing and to I
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weld the top of the casing completely shut. I
The resulting hole in the ground must be I
completely filled to the surface of the I
ground and duly tamped. I
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(8) within thirty (30) days after any oil and/or I
gas well within the limits of the Village
shall have been completed for the production
of oil and/or gas, or within thirty (30) days I
after the same shall have been completed in I
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(' the cases wre re the same is abandoned for
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\ the reason that a dry hole is found, the
.. permittee shalloremove the excess sludge or I
mud and fill all pits and excavations and
level off the surface of the working area
and said permittee shall not allow any .
accumulation of sludge or oil or other offen- I
sive or dangerous substances to accumulate I I
and shall keep his premises in a sanitary 1 I
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and sightly condition. Said permittee shall .
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restore any disturbed drainage facilities
and leave the premise in such a condition
that no pooling of surface water will result.
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SECTION 12: The owners of separate adjoining tracts may I
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agree to pool such tracts to form a drilling unit. Such I
agreement shall be in writing, a copy of which shall be sub- r
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mitted to the Clerk-Treasurer of the Village with the application
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for the license. For this purpose, areas outside of the limits I
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, of the Village of Dublin may be pooled with tracts within the
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SECTION 13: The owner of a separate tract of land which
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does not contain a location for which a drilling permit may be
issued by reason of the well location provisions of Section 4
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above, who has been unable to pool voluntarily with the owner I
of adjoining lands to form a forty (40) acre tract, may apply I
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to the Clerk-Treasurer for a mandatory pooling order. Such
application shall be accompanied by an appropriate application
for a license. I
Upon receipt of the two applications, the Clerk-Treasurer
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shall notify all parties in interest of the filing of the
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applications and their right to a hearing if requested. The ,
notice shall contain a statement informing each party that
he is entitled to a hearing if he requests it within thirty ( 30)
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days after the mailing of notice. ,
After the expiration of thirty ( 30) days from the date
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notice of application was mailed to the parties in interest or ,
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after hearing, the Clerk-Treasurer shall issue a license and a I
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mandatory pooling order if he finds that the applicant has I
satisfied all requirements. The order shall: .
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A a. Designate the boundaries of the drilling unit within I
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which the well shall be drilled;
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b. Designate the proposed drilling sites; I
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Describe each separately owned tract or part thereof I
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pooled by the order;
d. Allocate on a surface acreage basis pro rate protion
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of the production of the owner of each tract, and
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e. Specify the basis upon which each owner shall share I
all reasonable costs I
and expenses of drilling and producing.
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The order shall further provide that the share of such
costs and expenses of each owner who is unwilling to pay his
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share in cash shall be recovered by the holder of the drilling
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license only from the production of oil or gas obtained from
the well drilled on such drilling unit, exclusive of the fee I
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, holder's royalty interest.
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If there is a dispute as to the costs of drilling, equippin , I
or operating a we 11, the Clerk-Treasurer shall determine such
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costs. I
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From and after the date of the mandatory pooling order I
as provided above, all operations, including the commencement I
of drilling or the operating of a well upon any tract or
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portion thereof so pooled with one or more other tracts or I
protions thereof, shall be deemed the conduct ,
for all purposes
of such operations upon each tract or portion thereof included
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in the drilling unit; 'the oil produced from that well shall be
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deemed to have been actually produced proportionally from all .
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tr ac ts or portions thereof within the drilling unit. I
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SECTION 14: If any section, subsection, sentence, or I
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clause of this ordinance is adjudged to be unconstitutional or I
invalid such adjudication shall not affect the validity of the I
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remaining portion of this ordinance. The council hereby declares I
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that it would have passed this ordinance, and each division, I
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section, subsection, sentence, or clause thereof, irrespective I
of the fact that anyone or more sections, subsections, sentences, I
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or clauses might be adjudged to be unconstitutional, or for any
r\ other reason invalid.
I SECTION 15: PENALTY I
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It shall be unlawful, subject to a fine of not more than
Five Hundred Dollars ($500.00) or imprisonment for a term not
exceeding six (6) months or both such fine and imprisonment,
for any person to violate wilfully any section of this ordinance, I
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to commence operations for the drilling of a well without first I
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obtaining the license!proVided for in this ordinance, or to
make any false statement in the application provided for in
this ordinance. Each day of continued violation of this
ordinance shall constitute a separate offense.
SECTION 16: That this ordinance be, and the same is
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~ hereby declared to be, an emergency measure necessary for the
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public health and the general welfare of the Village of Dublin,
Ohio, for the reason that the foregoing will protect the general
health of the inhabitants of the village by attempting to pre-
vent pollution of the water supply and wasteful, inefficient,
excessive, or improper use, or the unnecessary dissipation of,
reservoir energy, and that this ordinance shall take effect and
be enforced immediately upon its passage.
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I~ 1/] ",[LA \ l i.. tJ? -'")'(/'0 ') 1...-. I
'PRESjDENT OF COUNCIL
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(' Passed this ~r/tday of July, v
1964.
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, ---MAYOR I
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CLERK I
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I hereby ce'rbify that five copies of this ordinance were posted in the
Village of Dublin, Ohio in accordance with seotion 731.25 of the Ohio Rev-
ised Code.
Riohard A. Termeer,clerk
Village mf Dublin.. Ohio
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