135-37 General oil and gas midstream permit regulations

Sec. 135-37. General oil and gas midstream permit regulations.

(1) Notice of application. When operator submits an OGMP application to the city, the operator shall provide a list of all property owners of record, tenants (names, property addresses, and mailing addresses), and all registered homeowner associations within one mile of the CGF, compressor station, and associated facilities, within 350 feet of gathering lines and off-location produced water flowlines, and the surface owner of the property upon which the oil and gas midstream facilities are located (notified residents). The city shall send out notices of the OGMP application by mail to notified residents when the review process commences for the purpose of receiving public comment.

(2) Resident notification of neighborhood meeting. When the city begins the OGMP review process, the operator shall send notification of a neighborhood meeting to all notified residents. The notice must include:

a. Operator's contact information.

b. Approximate date to begin construction.

c. Information on the neighborhood meeting.

(3) Operator shall send proof of mailed notices to the city by affidavit or certificate of mailing.

(4) Neighborhood meeting, if required. Upon city acceptance of the OGMP application, the operator shall hold a neighborhood meeting to facilitate engagement between the operator and nearby residents. Operator shall notify all notified residents and registered neighborhood organizations of the neighborhood meeting. Operator shall provide notice a minimum of 10 calendar days in advance of the neighborhood meeting.

(5) Notified residents may submit written comments to the city on the OGMP application. The city shall transmit those comments received within 30 calendar days and which require an operator response to the operator. Operator shall respond to those comments within 30 calendar days in writing to the commenters and to the city. A neighborhood meeting may not be required if there are no residents within one mile of the CGF, compressor station, or associated facilities location, or within 350 feet of the gathering line and off-location produced water flowline, and no comments are received from the initial notice of the filing of OGMP application, and the city agrees.

(6) Notice of administrative decision. The city shall provide operator with a form letter for notice of administrative decision for a pending OGMP application. At least 10 calendar days prior to the scheduled decision on an OGMP application, the operator shall send out a notice of administrative decision to the notified residents and any registered neighborhood organizations. The operator shall provide proof to the city of mailed notices by affidavit or certificate of mailing.

(1) General. All notices and other correspondence sent to the city shall be in writing and shall be delivered by: (a) certified mail with return receipt, or (b) hand delivery with signature or delivery receipt provided by a third-party courier service (such as FedEx, UPS, etc.) to the designated representative of the city as indicated below, or (c) email to the designated representative of the city as indicated below.

City of Aurora

Oil and Gas Division

15151 E. Alameda Parkway, #5900

Aurora, CO 80012

Attn: Oil and Gas Manager

Telephone: 303-739-7000

Email: oil&gas@auroragov.org

(2) Notifications to the city regarding commencement of construction at oil and gas midstream locations. Written notice to the city no less than 30 days prior to the commencement of any of the following: construction or abandonment. Operator must obtain all necessary permits prior to construction. Any notification provided by operator to city may be used by the city for public notification. All notifications shall be submitted to the local government designee (LGD) with copies to the public works city engineer and the water department environmental services manager.

(3) Routine maintenance. Operator may perform all maintenance and operations on the oil and gas midstream facilities that the operator deems prudent and necessary as long as in accordance with requirements set forth by easement language and state and federal requirements. Operator may perform routine maintenance of oil and gas midstream facilities that do not result in air emissions without prior notification to the city.

(1) Printed, published, mailed, and website notice for oil and gas midstream location applications submitted under this OGM shall comply with the standards below.

a. Notice of the time, date, and place of any public hearing before the planning and zoning commission or city council shall be mailed to notified residents at least 10 calendar days prior to the public hearing. Notified residents are those of legal record at the time of the mailing.

b. Notified residents include:

1. The owner of the property affected;

2. All surface owners within the specified distance from the edge of the oil and gas midstream location;

3. All tenants on properties within the specified distance from the edge of the oil and gas midstream location; and

4. Each registered homeowner association whose boundaries include or are located within the specified distance of the property affected.

c. For purposes of notification, tenants may be determined when county records indicate a mailing address for the property owner that is different than the physical address.

a. Notice of the time, date, and place of the public hearing on an oil and gas midstream location application before the city council shall be published in a newspaper of general circulation within the city at least 10 calendar days prior to such hearing.

a. Applications requiring a public hearing shall be posted at a point clearly visible from a public right-of-way for at least 10 calendar days prior to the public hearing before the planning and zoning commission or the city council. The posted notices shall be of a number, size, and location as prescribed by the oil and gas manager and shall indicate the type of development applications proposed, the date, time, and place of the hearing. Posted notices may be furnished by the city. Posted notice signs shall be removed within seven calendar days after the public hearing was held.

(1) Events or incidents. Any safety event, including any accidental fire, explosion, detonation, uncontrolled release of pressure, vandalism or terrorist activity, or any accidental or natural event that damages equipment or otherwise alters equipment or appurtences so as to create a significant spill or release, fire hazard, unintentional public access or any other condition that threatens public safety, or an injury to a person that requires medical treatment, or damage to lands, structures or property shall be reported to the city within six hours. Once the applicable forms are submitted to the agency, a copy of that form will be provided to the city. In the event of a fire, explosion, or need for emergency services response, 911 shall be called.

a. Operator must notify the city of any spill of any material on permeable ground on the oil and gas midstream location that has a reportable spill quantity under any law. Operator will also provide the city with a copy of any self-reporting submissions that operator provides to the COGCC due to any spills at the oil and gas midstream location.

b. Any spill of one gallon or more that leaves the oil and gas midstream location, or any spill within the oil and gas midstream location of one barrel or more, shall be reported to the city within six hours.

(3) Fires or explosions. Any accident or natural event involving fire, explosion, or detonation shall be reported to the city within six hours. This report shall include the following details, to the extent available:

a. Location;

b. Proximity to residences and other occupied buildings;

c. Fuel source;

d. Cause;

e. Duration;

f. Intensity;

g. Volume;

h. Description of any injuries to person(s);

i. Description of any damage to property beyond the oil and gas midstream location;

j. Emergency management response; and

k. Mitigation plan to be implemented to avoid future incidences of the same nature, and timeframe to implement.

(1) Oil and gas midstream facilities subject to an operator agreement. When an operator desires to purchase or acquire an interest in an oil and gas midstream location or facility, which was subject to an operator agreement, the purchasing operator must review the condition of such oil and gas midstream location or facility prior to the purchase.

a. At least 30 days prior to the close of the sale, the purchasing operator must submit a report to the oil and gas division stating whether the then-current condition of the oil and gas midstream location or facility is in compliance with the operator agreement and state laws. If noncompliant conditions are discovered, then by the purchase date, the purchasing operator must submit to the oil and gas division a written report detailing a plan and timeline to bring the oil and gas midstream location or facility into compliance.

(2) Oil and gas midstream facilities not subject to an operator agreement. When an operator desires to purchase or acquire an interest in an oil and gas midstream location or facility, which was not subject to an operator agreement, the purchasing operator must review the condition of such oil and gas midstream location or facility prior to the purchase.

a. At least 30 days prior to the close of the sale, the purchasing operator must submit a report to the oil and gas division stating whether the then-current condition of the oil and gas midstream location or facility is in compliance with state laws and the applicable regulations which were in effect in this Oil and Gas Manual or other city regulation at the time the relevant oil and gas midstream permit was approved. If noncompliant conditions are discovered, then by the purchase date, the purchasing operator must submit to the oil and gas division a written report detailing a plan and timeline to bring the oil and gas midstream location or facility into compliance as soon as practicable after the purchase date.

(3) Oil and gas midstream facilities on lands annexed into the city. Oil and gas midstream locations and oil and gas midstream facilities that are annexed to the city after their construction may continue operating without the issuance of an OGMP, as long as existing valid permits issued by another local jurisdiction remain in effect. Such oil and gas midstream locations shall not be expanded, nor shall additional oil and gas midstream facilities be added to the oil and gas midstream location without proper approval by the city, per the OGM.

(4) Assignment of permits where construction has not begun. An OGMP may be assigned to another operator only with the written consent of the oil and gas manager, unless the assignment is being made to a subsidiary.

a. The oil and gas manager may consent to the assignment of a permit only if:

1. The new operator demonstrates financial and operational capability to comply with all requirements, terms and conditions of the OGM;

2. The new operator demonstrates adequate insurance as required by the OGM; and

3. The new operator will remedy any noncompliance of an oil and gas midstream location, oil and gas midstream facility, or any permit, as a condition of the assignment.

b. If an operator files a petition for assignment, the oil and gas manager shall prepare a written report that demonstrates the proposed transfer's compliance with the approval criteria of this section and the oil and gas manager's final determination on the assignability of such permit.

c. All conditions of approval will survive a change of ownership and apply to the operator's successors, including the requirements of operator registration and financial assurances.

(1) Operator shall only construct oil and gas midstream facilities during hours as specified in the Aurora Zoning Code unless exceptions are requested by the operator and approved by the city during the OGMP review process.

(1) All facilities on the CGF and compressor station property shall be staffed with the appropriate number of operators, as determined by the operator, to ensure the safe and reliable operation of the oil and gas midstream facilities.

(1) The site configuration of the parcel must comply with subdivision standards and should not limit access for adjacent unplatted properties. Cross access agreements may be necessary to ensure that other properties are not negatively impacted. (Ord. No. 2021-15, § 15, 6-14-2021)