HomeMy WebLinkAbout032 - 03/05/2013 - AMENDING THE CITY CODE TO IMPOSE A BAN ON HYDRAULIC FRACTURING AND CERTAIN STORAGE OF WASTE WITHIN T ORDINANCE NO. 032, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS
TO IMPOSE A BAN ON
HYDRAULIC FRACTURING AND CERTAIN
STORAGE OF WASTE WITHIN THE CITY
WHEREAS, in December 2012, the City Council authorized a moratorium preventing any
further drilling for oil and gas in the City until July 31, 2013; and
WHEREAS,since that time,citizens have requested that the City Council consider imposing
a ban on hydraulic fracturing in the City; and
WHEREAS,the City Council has determined that in order to preserve the health,safety and
welfare of the City residents, hydraulic fracturing should be banned within the City, as well as the
storage in open pits of solid or liquid wastes and/or flowback created in connection with the
hydraulic fracturing process; and
WHEREAS, the City Council has further determined that in order to respect the rights of
existing oil and gas operators in the City, the proposed ban on hydraulic fracturing and storage
should not apply to any oil or gas wells or pad sites existing within the City as of February 19,2013,
provided that the operators of such wells and/or pad sites enter into satisfactory agreements with the
City to regulate their existing and future operations;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 12 of the Code of the City of Fort Collins is hereby amended by the addition
of a new Article VIII which reads in its entirety as follows:
ARTICLE VIII.
HYDRAULIC FRACTURING
Sec. 12-135. Hydraulic fracturing/open pit storage prohibited.
The use of hydraulic fracturing to extract oil, gas or other hydrocarbons, and the
storage in open pits of solid or liquid wastes and/or flowback created in connection
with the hydraulic fracturing process is prohibited within the City.
Sec. 12-136. Exemptions.
The prohibitions contained in §12-135 shall not apply to any oil or gas wells or pad
sites existing within the City on February 19, 2013, that become the subject of an
operator agreement between the operator of the same and the City, as long as such
agreement includes strict controls on methane release and, in the judgment of the
City Council, adequately protects the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 19th day of
February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013.
S�KOR--'*
CiF
ATTEST:,4 �'`�tEf ,W�
City Clerk
Passed and adopted on final reading on the 5th day of March, A.D. 2013.
v: Ma or
ATTEST: t SEAV .
'z
OZORADO
City Clerk