Ban on Horizontal Drilling and Fracking in Morgantown Passes First Reading

The City of Morgantown hereby ordains that Article 721 of its Business and Taxation Code is repealed in its entirety and replaced with a new Article 721 which reads as follows:

721.03 DRILLING PROHIBITED; PENALTIES AND ENFORCEMENT.

(a) Drilling a well for the purpose of extracting or storing oil or gas using horizontal drilling and/or fracturing or fracking methods within the limits of the City of Morgantown or within one mile of the corporate limits of the City of Morgantown is prohibited. For purposes of calculating the one mile distance, it shall be measured from the well head.

(b) Any person who violates this section shall be fined up to the sum of five hundred dollars ($500.00). Each day that such person continues to violate this section after being advised by the City Manager or any law enforcement officer of the City of Morgantown that the law has been violated shall be considered a new offense.

(c) The City Manager shall have the authority to direct the City Attorney or such other legal counsel as may be employed, to institute a civil action seeking an injunction to prevent the violation of this ordinance.

721.04 PERMIT REQUIRED FOR DRILLING WELLS NOT INVOLVING HORIZONTAL DRILLING AND/OR FRACTURING OR FRACKING.

Wells which do not involve drilling operations that utilize horizontal drilling and/or fracturing or fracking shall be allowed within the City of Morgantown; however, no person shall commence to drill any such well for water, oil, gas, or natural or artificial brine or carry on any such development within the City, except pursuant to a permit issued by the Director of Finance, after approval by the City Manager.

721.05 PERMIT APPLICATION; FEE.

Any person desiring to engage in the drilling of a well for water, oil, gas or natural or artificial brine allowed under Section 721.04 of this Article or to carry on the operation of a water, oil, gas or natural or artificial brine well within the City, as allowed by Section 721.04 shall make application to the City Manager upon such forms as may be prescribed. Such application for the drilling of a well for water shall be accompanied by a fee of ten dollars ($10.00), and for the drilling of a well for oil, gas or natural or artificial brine, a fee of one hundred dollars ($100.00).

Tagged as: bond, first reading, fracking, horizontal drilling, Morgantown, Ordinance, penalties