Beauregard Parish Proposed Amending and Re-Enacting of Ordinance 5-81
Permit Process for Use of Parish Roads for Dredging and Oil, Gas and Mineral Exploration within Beauregard Parish
Comments on the Proposed Amended Ordinance 5-81
The proposed amendments to Ordinance 5-81 are focused on concerns of possible damage to parish roads as a result of increasing activity due to exploration of oil, gas and minerals and the associated increase in heavy vehicles. The following comments are provided to strengthen the proposed amended ordinance and/or suggestions to be included in an additional ordinance to safeguard and protect the environment of Beauregard Parish and the health of the citizens of Beauregard Parish.
Section No. 2
The conditions of the proposed amended ordinance require the applicant to apply for a permit and include in the permit application a description of the proposed project. In addition, if the work involves pipelines, the applicant shall file one set of drawings showing the exact route and location of the line, within 60 days after completion of the project.
The ordinance should require that the applicant submit information on the proposed location of pipelines and flow lines within Beauregard Parish. As currently in the ordinance, after the completion of the project, the exact route and location of the pipelines will be submitted within 60 days. The proposed locations of the pipelines and flow lines will enable the Beauregard Parish Police Jury and the public to determine the proposed areas to be impacted within the parish by the project, prior to the issuance of the permit.
When the applicant applies for a permit, the ordinance requires that the permit application submit a description of the proposed project. The ordinance should specify that the applicant provide:
- information on number and location of all of the wells to be drilled on the pad
- locations, size and use of all tanks and tank batteries to be positioned on the site
- location and size of all generators and compressors on the site
- location, size and use of all pits on site
- location of sound barriers to be constructed on site
- location of all pipelines and flow lines to be constructed on site
The ordinance should require that the applicant submit an estimate of the number of truck trips on parish roads associated with the drilling, fracturing, and completion of the well and associated pipelines and compressor stations.
The ordinance should also include requirements for the applicant to submit information on the following:
- the source and location of water to be used in the drilling and fracturing process
- the location and method of disposal, treatment or recycling of the produced water and flowback water
- the location where well cuttings will be disposed of
- the distance the well and well pad will be from homes, schools, churches, hospitals, nursing homes, and businesses
Section No. 6
The applicant obtains a permit from the Police Jury and is then referred to as the permit holder. In Section No. 6, the ordinance states “In the event that the permit holder causes damage to any parish road”. The ordinance must be expanded to clarify that the applicant/permit holder that causes damage to parish roads includes not only the applicant, but contractors, sub contractors and service companies performing work on the site and hauling materials to and from the site.
If the Police Jury, Publics Works Department has to perform repairs and invoice the permit holder, the permit holder should be required, as part of the permit conditions, to agree to pay the Police Jury Invoice within 30 days. A substantial late fee for payment of the invoice should be established as enforceable in the ordinance.
A method of evaluation by the Beauregard Parish Manager and/or Engineer, of gradual degradation of the quality of the roads due to heavy traffic associated with oil and gas activities by permit holders, should be established. The evaluation of gradual degradation should have a measure and trigger point at which repairs by the permit holder are required.
Additional Section to Ordinance
The amendments to the ordinance should include a requirement for public notification of each permit application and an opportunity for public comment on the permit applications. Such a requirement would enable the citizens of Beauregard Parish to be aware of proposed drilling, fracturing and completion activities in their area and provide input to the Police Jury on specific issues in their area.
Additional Items for the Police Jury to Consider in This or an Additional Ordinance:
- Establish setback distances for wells, well pads, compressor stations and gas processing stations from:
- residential homes
- schools
- churches
- hospitals
- nursing homes
- businesses
- Enact Noise and Light Ordinances to be enforced in association with oil and gas drilling and completion operations and compressor station operations
- Establish Hours of Operation for well sites with the potential to negatively impacts residential neighborhoods
- Establish a reporting mechanism prior to issuance of the permit and during drilling, fracturing and completion of the type of water and source location to be used in the process and the quantity of the water estimated to be used. Following the completion of the well, require the reporting of the quantity of water actually used and the sources and location of water withdrawal.
