a. The Local Government Land Use Control Enabling Act of 1974, C.R.S. 29-20-101 et seq., authorizes local governments to regulate the surface impacts of oil and gas operations in a reasonable manner to protect and minimize adverse impacts to public health, safety, welfare and the environment within its jurisdiction. Regulations that prevent and minimize adverse impacts must be reasonable and necessary. It also authorizes local governments to adopt regulations for surface impacts of oil and gas operations that address:

b. Pursuant to the Colorado Oil and Gas Conservation Act, C.R.S. 34-60-131, local governments may adopt regulations that are more protective or stricter than state requirements.

c. Pursuant to the Colorado Air Pollution Prevention and Control Act (APPCA), C.R.S. 25-7-128, local governments may enact local air pollution resolutions or ordinances that include more stringent emission control regulations than state requirements.

a. Oil and gas division.

Abutting means two or more properties or zone lots sharing a common border or separated only by a public or private right-of-way or by public open space or body of water not more than 1,000 feet in width.

Abutting property or zone lot means property that shares at least part of a boundary line, not just a corner point, with the subject property or zone lot.

Accessory equipment means any equipment that is integral to the production and operation of an oil or gas well, including but not limited to tanks, treaters, separators, and production pits.

Associated facilities means equipment or improvements, such as pig launcher and receiver sites, valve stations, electrical substation, and any other related equipment associated with midstream oil and gas operations, except for a central gathering facility (CGF).

Berm means an earthen barrier of compacted soils or a steel secondary containment around storage tanks, preventing the passage of liquid materials. An earthen berm may also be used to provide screening from adjacent uses as may be specified in an applicable development standard.

Blowout means an uncontrolled flow of formation fluids from a well. A blowout may consist of water, oil, gas, or a mixture of these. Uncontrolled flows cannot be contained using previously installed barriers and require specialized services intervention.

Buried depth means the depth of cover to the top of the largest pipe, typically a minimum of 48 inches.

Central gathering facility (CGF) means a facility or location which receives crude oil, liquid hydrocarbons, associated field gas, and produced water from production wells and central distribution points via gathering lines, off-location produced water flowlines, or other pipelines to treat and stabilize the liquid hydrocarbon into a saleable product.

City means the City of Aurora, Colorado, a home rule municipal corporation of the counties of Adams, Arapahoe, and Douglas.

City Code means the duly adopted City Code of the City of Aurora, Colorado, as amended.

City engineer means the city engineer of the City of Aurora.

City manager means the city manager of the City of Aurora.

Commercial exempt well is defined by the state of Colorado Department of Natural Resources Division of Water Resources for uses of water for drinking and sanitation facilities inside a business.

Compressor station means a facility that collects natural gas from exploration and production facilities via gathering lines and transports natural gas into third-party systems for further processing.

Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar action.

Corrosion means the deterioration of a material, usually a metal, which results from a reaction with its environment.

Critical infrastructure means all existing or planned source water pipelines, potable waterlines of 16-inch diameter and greater, sanitary sewer pipelines of 24-inch diameter and greater, storm sewer pipelines (or box culverts) of 36-inch diameter or greater, city pump stations, lift stations, bridges, dams, levees, reservoirs, water treatment plants and associated appurtenances, such as lagoons, tanks, etc.

Crude oil. See Oil.

Crude oil transfer line means a piping system that is not regulated or subject to regulation by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to 49 C.F.R. § 195 Subpart A, and that transfers crude oil, crude oil emulsion or condensate from more than one well site or production facility to a production facility with permanent storage capacity greater than 25,000 barrels of crude oil or condensate or a PHMSA gathering system.

Custody transfer means the transaction involving the transportation and measurement of a raw petroleum product from one operator to another.

Distance from an oil and gas location to a platted residential subdivision or platted lot line containing a residential building unit means the distance from the edge of the oil and gas location (not including access road) to the nearest platted residential lot line or a platted lot line that contains a residential building unit.

Engineer means a licensed professional engineer (PE) in the state of Colorado.

Event means a significant occurrence or happening. As applicable to pipeline safety, an event could be an accident, abnormal condition, incident, equipment failure, human failure, or release.

Expressions. Wherever the words "as required" or words of like meaning are used, it shall be understood that the direction, requirements, or permission of the city's oil and gas manager is intended. Similarly, the words "approved" and "acceptable" shall refer to approval by the city's oil and gas manager.

Floodplain means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir (as defined in chapter 70).

Floodway means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches is one-half foot (six inches) (as defined in chapter 70).

Flowline means a segment of pipe transferring oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline does not include a gathering line. Generally, a flowline is located between the wellhead and the LACT or gas measurement meter. The different types of flowlines are:

Gas means all natural gases and all hydrocarbons not defined as oil. Examples are natural gas, flammable gas, petroleum, or other hydrocarbon gases including propane, or any mixture of gas produced, transmitted, distributed, or furnished by a utility.

Gathering line(s) means a gathering pipeline or system as defined by the Colorado Public Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4 (4 C.C.R. 723-4901) or a pipeline regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration pursuant to 49 C.F.R. 195.2 or 192.8. (49 C.F.R. 195.2 or 192.8 and 4 C.C.R. 723-4901 in existence as of the date of adoption of this OGM and does not include later amendments.) Generally, a gathering line begins after the LACT or gas measurement meter. In this Oil and Gas Manual, gathering lines do not include interstate pipelines.

Hazard and operability analysis (HAZOP) means a systematic method for evaluating hazards. It often involves the review of detailed system drawings, specifications, and operating procedures. Process hazards and potential operating problems are identified through a qualitative investigation of deviations from normal process conditions.

Horizontal directional drilling or boring (HDD) means a method of installing underground pipelines, cables, and service conduit through trenchless methods. It involves the use of a directional drilling machine and associated attachments to accurately drill along the chosen bore path and back ream the required pipe.

Hydrocarbon means an organic compound of hydrogen and carbon, such as any of those which are the chief components of petroleum and natural gas.

Injection well means any hole drilled into the earth into which fluids are injected for purposes of secondary recovery, storage, or disposal pursuant to authorizations granted by the COGCC.

Internal floating roof tank means a tank that has both a fixed roof and an internal floating roof. The fixed roof is usually a cone roof. The internal floating roof can be constructed of steel, aluminum, plastic, or other material. These tanks hold stabilized liquid hydrocarbon.

Jeeping means the process of using a high voltage "holiday detector," which can find tiny flaws in the coating of pipe using an electrical current.

Lease automatic custody transfer (LACT) means a unit that measures the net volume and quality of liquid hydrocarbons. This system provides for the automatic measurement, sampling, and transfer of oil from one operator to another.

Neighborhood meeting means a meeting held by the operator after the appropriate notice to notified residents for the purpose of communicating information about an oil and gas project and answering questions.

Notified residents means, unless more specifically defined in a particular section of this Oil and Gas Manual, the people and organizations that must be notified at various points of the permitting and operations process including the surface owners, tenants, and homeowner associations within a certain distance of a location.

Observer means the authorized representative of the oil and gas manager assigned to observe the work.

Off-location produced water flowline means a flowline transferring produced water from an oil and gas facility to a production facility, injection facility, or other produced water gathering, treatment, or disposal facility.

Oil means crude petroleum oil and any other hydrocarbons, regardless of gravities, that are produced at the well in liquid form by ordinary production methods, and that is not the result of condensation of gas before or after it leaves the reservoir. Oil that is extracted from the ground before it is refined into usable products, such as gasoline.

Oil and gas means oil or gas or both oil and gas.

Oil and gas division means the oil and gas division of the City of Aurora.

Oil and gas facility means equipment or improvements used or installed at an oil and gas location for the exploration, production, or withdrawal of crude oil, condensate, E&P waste, or gas. Any well, wellhead, flowlines, tanks, surface equipment, or associated infrastructure used in the development, production, storage, or marketing of oil, natural gas, natural gas liquids, or other hydrocarbon resources.

Oil and gas location means a definable surface area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility. An oil and gas location might contain a single well, multiple wells, and/or associated infrastructure. An oil and gas location is the primary component that is permitted through the oil and gas permit application process.

Oil and gas manager means the authorized representative of the city who provides overall technical coordination and monitoring of work of the oil and gas division.

Oil and gas midstream facility means equipment or improvements used or installed at an oil and gas midstream location for the gathering, treatment, or processing of crude oil, condensate, E&P waste, or gas. Any central gathering facility (CGF), compressor station, gathering line, off-location produced water flowline, or associated facilities used in the gathering, storage, processing, or marketing of oil, natural gas, natural gas liquids, or other hydrocarbon resources.

Oil and gas midstream location means a definable surface area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas midstream facility. An oil and gas midstream location might contain a central gathering facility (CGF), a compressor station, a gathering line, off-location produced water flowline, and/or associated facilities. An oil and gas midstream location is the primary component that is permitted through the oil and gas midstream permit application process.

Oil and gas midstream permit (OGMP) means a properly approved permit to construct an oil and gas midstream location, which contains an oil and gas midstream facility within the City of Aurora.

Oil and gas permit (OGP) means a properly approved permit to begin construction on an oil and gas location that contains an oil and gas facility within the City of Aurora.

Oil and gas well. See Well.

Operating plan means a general description of an oil or gas well facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operation, source of services and infrastructure, and any other information related to the regular functioning of that facility.

Operational phases means those phases within the life cycle of an oil and gas location or oil and gas facility, which best describe the type of activities happening at the oil and gas location or oil and gas facility during the phase. It is possible for multiple phases of operation to be occurring at the same time with respect to a single oil and gas location. Chronologically, those phases are:

Operator means the permitted entity authorized to construct or operate an oil and gas location, oil and gas midstream location, oil and gas facility, or oil and gas midstream facility in the City of Aurora.

Pig means a generic term signifying any independent, self-contained device, tool, or vehicle that is inserted into and moves through the interior of a pipeline for inspecting, dimensioning, or cleaning.

Pig launcher and receiver sites means a location including equipment associated with the operation and maintenance of the pipelines associated with the cleaning and inspection of the pipelines, also known as pigging.

Pigging means the act of forcing a device called a pig through a pipeline for the purposes of displacing or separating fluids, and cleaning or inspecting the line.

Pipeline and Hazardous Materials Safety Administration (PHMSA) means the federal agency that monitors compliance through field inspections of facilities and construction projects; programmatic inspections of operator management systems, procedures, and processes; incident investigations; and through direct dialogue with operator management. PHMSA is an agency of the United States Department of Transportation.

Pipeline maintenance means the process of maintaining property or equipment, including pipelines, to preserve it and prevent it from failure and ensure that it will continue to perform its intended function.

Planning department means, unless the context clearly indicates otherwise, the Aurora planning and development services department.

Platted residential subdivision means a subdivision that has been approved and recorded and is located in a zone that allows residential uses.

Process safety management (PSM) means an analytical tool focused on preventing releases of any substance defined as highly hazardous by the Environmental Protection Agency (EPA) or the Occupational Safety and Health Administration (OSHA). A "process" is defined by OSHA in the PSM standard as "any activity involving a flammable substance including any use, storage, manufacturing, handling, or the on-site movement of such chemicals, or combination of these activities."

Produced water transfer system means a system of off-location flowlines that transport produced water generated at more than one oil and gas location or production facility.

Production pits means those pits used for initial settling, temporary storage, or disposal of produced water by permeation or evaporation after drilling and initial completion of the well.

Production site means that surface area immediately surrounding proposed or existing production pits, or other accessory equipment necessary for oil and gas production activities, exclusive of transmission and gathering lines.

Public hearing means a meeting led by decision-makers, available to the public, and including a general notification to the public in advance of the meeting.

Public project means (1) a public work or improvement within the city that is wholly owned by the city; or (2) a public work or improvement within the city where 50 percent or more of the funding is provided by any combination of the city, the federal government, the state of Colorado, any regional transportation district, the Mile High Flood District, any regional transportation authority, any Colorado county, or any type of governmental entity, or any type of quasi-governmental entity; or (3) any public work or improvement funded and constructed within the city for the benefit of the city.

Residential building unit means a building or structure designed for use as a place of residency by a person, a family, or families. The term includes manufactured, mobile, and modular homes, except to the extent that any such manufactured, mobile, or modular home is intended for temporary occupancy or for business purposes.

Responsible official means for a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit. For a partnership or sole proprietorship: a general partner or the proprietor, respectively.

Right-of-way means an area of land dedicated to the public in fee simple title conveyed to the city for drainage, pedestrian, utility, street lighting, landscaping, roadway, or other purposes.

State means the state of Colorado.

Tank means any container used in conjunction with the production or storage of petroleum, hydrocarbon substances, or produced water stored at or near atmospheric pressure.

Testing agency means any individual or other person or entity which is qualified and licensed to perform the required sampling, analysis, testing, and professional recommendation service.

Treatment facilities means any plant, equipment, or other works used to treat, separate, or stabilize any substance produced from a well.

Twinning means the drilling of a well adjacent to or near an existing wellbore when the existing well cannot be drilled to the objective depth or produced due to an engineering problem such as collapsed casing or formation damage.

Valve station means a location associated with a gathering line where safety shutdown valves, automated safety devices, and pressure monitoring devices are strategically located to isolate segments of the gathering line.

Variance request means a request by an operator for an exception to a specific provision of this Oil and Gas Manual.

Water delivery agreement means a legal agreement with the Aurora water department acting by and through its utility enterprise, which specifies the source of water to be used during permitted activities.

Water flowline means a pipe composed of a rigid material such as steel, polyvinyl chloride (PVC), or high-density polyethylene (HDPE), or lay-flat pipe with the general characteristics of fire hose, which is used to transport or convey water for application to use.

Water sources means all floodplains, as defined in chapter 70, and permanent city underground water storage facilities, including aquifer storage and recovery (ASR) operations.

Well means a hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.

Wetland means areas where water covers the soil or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season. Wetlands may support both aquatic and terrestrial species. The prolonged presence of water creates conditions that favor the growth of specially adapted plants (hydrophytes) and promote the development of characteristic wetland (hydric) soils.

Wildlife habitat means a specific geographic area that provides the physical and biological features needed for life and successful reproduction of plant or animal species.