R 324.506 Flare stacks and surface facilities in residential areas.

Rule 506. (1) In areas zoned residential before January 8, 1993, a permittee of an oil or gas well, or both, which contains 300 ppm or more of hydrogen sulfide and which reaches drilling completion after March 1, 1987, shall not locate surface facilities and associated flare stacks within a residentially zoned area, unless either of the following provisions is satisfied: (a) The supervisor receives written notice from the local government that has zoning jurisdiction that the local government does not object to the location of the facility within the residentially zoned area. (b) The applicant or permittee is granted a variance from the supervisor pursuant to a hearing before the supervisor. The petitioner shall notify the local governmental body of the hearing and has the burden of demonstrating to the supervisor that the planned surface facility and associated flare stacks would have minimum impacts upon existing or proposed structures used for public or private occupancy. (2) The supervisor may grant an exception to permit flaring in a residentially zoned area for testing the production characteristics of a well for a period of not more than 15 days, unless a longer period is authorized by the supervisor. The permittee shall submit a written application to the supervisor for the exception detailing the time period of, and the equipment to be used for, the testing. (3) If the oil or gas well, or both, reached drilling completion between March 1, 1987, and January 8, 1993, and the area was not zoned residential at the time the well reached drilling completion, the well is not subject to this rule.