Arvin Municipal Code Part 2 Development Standards for Petroleum Operations

The following sections of Part 2 apply only to those operations subject to a CUP or DA, except for those existing operations as noted in Section 17.46.02.B.

A. The surface locations of wells and tanks within an oil and gas site shall not be located within:

1. Three hundred (300) feet of the property boundaries of any public school, public park, clinic, hospital, long-term health care facility.

2. Three hundred (300) feet of the property boundaries of any residence or residential zone, as established in this Code, except the residence of the owner of the surface land on which a well might be located and except a residence located on the land which, at the time of the drilling of the well, is under lease to the person drilling the well.

3. Three hundred (300) feet of the property boundaries of the commercially designated zone C-O, N-C, C-1, C-2, MUO, PUD (see Table 1-1), as established by this Code and as may be amended.

4. One hundred (100) feet of any dedicated public street, highway, public walkway, or nearest rail of a railway being used as such, unless otherwise specifically allowed per Public Resources Code section 3600, but in no event less than fifty (50) feet of any dedicated public street, highway, public walkway, or nearest rail of a railway being used as such.

B. For all injection wells, the applicant shall provide a copy of the area of review (AOR) study, consistent with the requirements of Title 14 California Code of Regulations Section 1724.7, as per DOGGR.

C. Legally existing oil and gas operations that do not met the setback requirements and were conforming immediately before the effective date of this chapter are not considered nonconforming uses and are not made subject to Chapter 17.52 (Nonconforming Buildings and Uses) of this Code by this chapter. Such operations may continue to lawfully operate to the extent the operations can demonstrate to the city vested rights as of the effective date of this chapter, but are prohibited for expanding operations beyond those demonstrated vested rights. Vested rights for a particular well may be demonstrated by the existence of an installed conductor in a cellar for that well or any other method established by law. The operator can replace structures and equipment required for oil and gas operations that are damaged, have failed, are at risk of failure, or are at the end of their useful life. Said replacements shall be made with like-kind structures and equipment that does not expand capacity or structural footprint. If the operator can demonstrate that such structure or equipment is not reasonably available or appropriate for current operational practices, the city manager may approve minor expansion of equipment or structure upon findings the proposed changes are minor and do not constitute or tend to produce an expansion or intensification of capacity for the site. For existing oil and gas facilities and operations that do not meet the setback requirements as of the effective date of this chapter, drilling of new wells is prohibited unless the operator can demonstrate vested rights for each new well.

D. Consolidation and relocation incentives.

1. Existing uses in setback: For existing wells legally operating within the prohibited setback identified in Section 17.46.022.A or within the prohibited zones included in Table 1-1, an operator can exchange wells, either existing or vested, at a 1:2 ratio to another (existing) receiving site(s) without counting toward new development that would require a CUP or DA. The receiving site must be within a zone that is not prohibited in Table 1-1 and must comply with all setbacks and other requirements of this chapter. The contributing well(s) must be completely abandoned, including confirmation of compliance with all state abandonment requirements, before wells can be constructed at any receiving site.

2. Existing uses outside setback: For existing wells legally operating outside the prohibited setback and zones, an operator can exchange only wells actually existing at the time of the ordinance (not vested or hypothetical wells) at a 1:1 ratio to another existing receiving site(s) without counting toward "new development" that would require a CUP or DA. The receiving site must be within a zone that is not prohibited in Table 1-1 and must comply with all setbacks and other requirements of this chapter. The contributing site must be completely abandoned before wells can be constructed at any receiving site, including confirmation of compliance with all state abandonment requirements. The operator must completely abandon all surface rights to the contributing site (i.e., no future oil and gas operations to occur at the site) and provide acceptable proof to the city of the same. All receiving sites must exist and have active operations as of the date of approval of this chapter.

3. For all consolidation or relocation: The operator must provide the city with notice of intent to transfer prior to abandonment of any well(s) or contributing site intended to be consolidated or relocated. Transfers may occur at any time after abandonment is complete and the rights may be "banked" and assigned to another operator upon notice to the city. No well can be transferred more than one (1) time. The receiving well location or site must be located outside the boundaries identified in Section 17.46.022.A.1-3, and comply with Section 17.46.022.A.4 outside of the prohibited setback. The receiving site cannot expand by more than ten (10) wells from any source or exchange, in addition to those existing or vested, without being considered new development. All receiving sites must comply with Section 17.46.02.B for sites not required to obtain a new CUP.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following measures shall be implemented throughout the operation of any oil and gas site or project subject to this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

For oil and gas sites located in non-industrial areas or for delivery routes, other than designated truck routes, that pass through or adjacent to prohibited zones as listed in Table 1-1, (a) deliveries to the oil or gas sites shall not be permitted after 9:00 p.m. and before 6:00 a.m. (Chapter 9.08 Noise Disturbances), except in cases of emergency and (b) no deliveries shall be permitted on Saturdays, Sundays or legal holidays, except in cases of emergency. The city manager may authorize a single oil shipping truck used on an occasional basis upon a showing of no reasonably feasible alternative, Said authorization shall take into consideration the location of the site and the types of adjacent uses, and may require compliance with Section 17.46.032.6 (Noise Impacts), light and glare restrictions, etc.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Construction of permanent structures, workovers and other maintenance, including replacement in kind, shall not be permitted after 9:00 p.m. and before 6:00 a.m. (Chapter 9.08 Noise Disturbances), or during Saturdays, Sundays, or legal holidays, except in the event of an emergency as approved by the city manager. The drilling or re-drilling of wells is not subject to construction time limits.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. At all times during the construction and operation of any oil and gas site, parking facilities shall be provided for all vehicles associated with the oil or gas site at a rate of one (1) parking space per shift-employee. If approved as part of a CUP or a DA, parking for vehicles of employees or workers engaged in any oil or gas site activities can also be provided by the operator at off-site parking lots or in parking facilities, other than public streets, at locations other than the oil or gas site. The operator shall prohibit personal parking on city streets by operator, permitees, contractors, or consultant staff. If the parking lot or parking facilities are not located within a reasonable walking distance of the controlled drill site, the operator shall provide transportation to and from the parking site for employees and workers.

B. At all times vehicular access to an oil and gas drill site shall be provided in accordance with the plans for vehicular access reviewed and approved by the city engineer, except for operations existing prior to the effective date of this chapter.

C. All entrances to an oil and gas site shall be equipped with sliding or swinging gates which shall be kept closed at all times except when authorized vehicles are entering or leaving the oil and gas site.

D. When traffic lanes on any public street are closed or impaired by the operator's operations, flagmen, and safety officers as required by the city engineer or police department shall be provided by the operator at all such times to control traffic and maintain traffic flow.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Except for oil and gas sites located within industrial zones, and located farther than six hundred (600) feet from any prohibited zone as listed in Table 1-1, all lighting sources that may be introduced on a site in support of nighttime operations, at the onset and throughout all operations at an oil and gas site shall be screened and directed to prevent light or glare from passing beyond site boundaries. Outdoor lighting shall be restricted to only those lights that may otherwise be required by this Code for lighting building exteriors and safety and security needs.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following measures shall be implemented for all projects that are subject to this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. Prior to any new development, the operator shall implement a landscaping plan that has been approved as part of a CUP or a DA, which provides adequate screening and blending of the facilities so that the site shall not appear unsightly or aesthetically deficient compared with the surrounding character of the area. Except for oil and gas sites located within industrial zones, all tanks shall not extend more than twenty (20) feet above the surface of any site, unless otherwise approved in a CUP or DA.

B. Within six (6) months after the completion of activities related to the drilling or re-drilling of a well and the removal of the drilling well mast/rig, any oil and gas site shall be landscaped with suitable shrubbery and trees in accordance with a plan approved by the planning commission, unless the site is to be otherwise developed in such a manner that would preempt re-vegetation requirements.

C. If the site is within six hundred (600) feet of any prohibited zoning as listed in Table 1-1, if any drilling masts are in place on an oil and gas site for a time period of more than one (1) year and are visible from public viewing points, then the operator shall wrap all such masts to reduce their visibility prior to the onset of operations at an oil and gas site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Prior to commencement of operations at an oil or gas site the following development standards shall be satisfied:

A. All oil and gas sites shall be enclosed with a wall not less than six (6) feet high, which shall be of a material and texture that blends in with the surrounding environment and is not visually obtrusive. There shall be no aperture below the wall larger than one (1) foot in height.

B. The wall enclosure around the oil and gas site shall have a setback of twenty-five (25) feet from all property lines. The gate or entrance through the wall shall remain locked at all times and constructed in a manner to prevent the public from coming closer than twenty-five (25) feet to the pumping facilities. Pursuant to the approval of the CUP, the location of the wall may be modified subject to compliance with the California Fire Code as approved in a CUP or DA with modifications as applicable.

C. The entire outside facing length of the wall must be coated with anti-graffiti paint or solutions.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The oil and gas site shall be maintained in a clean, sanitary condition, free from accumulations of garbage, refuse, and other wastes.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The architectural design of any oil or gas site buildings, equipment, or other associated structures shall be consistent with the character of the surrounding community and shall utilize finishing materials and colors which blend in with the surrounding environment and are not visually obtrusive.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following policies specific to streets or other roads shall apply to all projects for which this chapter is applicable.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Private roads and other excavations required for the construction of access roads shall be designed, constructed, and maintained to provide stability of fill, minimize disfigurement of the landscape, prevent deterioration of vegetation, maintain natural drainage, and minimize erosion. Prior to construction of any new road, the operator shall prepare and submit to the department of public works for review and approval a private road construction plan. The operator shall thereafter comply with all provisions of the approved private road construction plan. All new private access roads leading off any surfaced public street or highway shall be paved with asphalt or concrete not less than three (3) inches thick for the length of said access road from the public street or highway.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following policies apply only to signs visible from the public right of way.

A. Signage as required by DOGGR or law shall be kept in good legible condition at all times.

B. No sign other than that described in this chapter or required by law shall be allowed, other than informational signs, no smoking signs, and other signs as reasonably required for safe operation of the project.

C. Identification signs shall be posted and maintained in good condition along the outer boundary line and along the walls adjoining the public roads that pass through the oil or gas site. Each identification sign shall prominently display current and reliable emergency contact information that will enable a person to promptly reach, at all times, a representative of the operator who will have the expertise to assess any potential problem and recommend a corrective course of action. Each sign shall also have the telephone number of the city department of planning or zoning enforcement section and the number of SJVAPCD that can be called if odors are detected. For existing oil and gas sites, the signs shall be updated when they are replaced or repaired.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The installation of any surface equipment designed to produce steam shall be prohibited without the approval of the city manager. The operator shall submit a steaming plan addressing equipment sizing and design to the city manager for review and approval. The operator shall also submit well casing and cementing design specifications as required by DOGGR. Unless a specific health, safety or welfare issue is created, which will include any non-compliance with any DOGGR regulation or other applicable law including this chapter related to the use of the surface equipment, the city manager will approve a completed steaming plan, The city manager may adopt implementing guidelines for this section to further the purposes of this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. Each oil or gas site shall be served by and utilize only reclaimed water, aside from potable water used for human consumption, unless the use of reclaimed water is deemed infeasible (such as regulatory requirements, initial unavailability during operations or technological considerations) or unwarranted (including secondary environmental impacts such as increased use of chemicals, surface activities, and other items that may be adverse to public health, safety or welfare) by the city manager, in which case the following criteria apply:

1. The operator must prepare and submit a supply assessment study of all water resources available for use and submit the study for review to the city manager.

2. If the study indicates that potable water is the only feasible or warranted alternative then the operator may utilize such a water source under appropriate conditions as determined by the city manager.

B. New electrical power may be routed underground from the nearest source adequate to meet the needs of the well site if undergrounding is required for other uses in the vicinity as determined by the city manager.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

No equipment shall be stored or placed on the site, which is not either essential to the everyday operation of the oil or gas well located thereon or required for emergency purposes.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following measures shall be implemented throughout the operation of any oil or gas site or project subject to this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. All oil and gas site operations shall conform to all applicable fire and safety regulations, codes, and laws.

B. The oil and gas site shall be kept free of debris, pools of oil, water or other liquids, weeds, and trash.

C. Land within twenty-five (25) feet of the facilities shall be kept free of dry weeds, grass, rubbish or other combustible material at all times.

D. All equipment, facilities, and design shall be approved by the Kern County Fire Department, as applicable and as it may require, prior to approval of a CUP or DA.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with DOGGR regulations for blowout prevention and will provide all equipment as stipulated in the DOGGR regulations during the drilling operations of any well.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. The operator shall immediately inspect all oil and gas-related facilities, equipment, and pipelines following any seismic event with a magnitude of 4.0 or greater with an epicenter within ten (10) kilometers (km) of the oil and gas site, magnitude 4.5 or greater within thirty (30) km, or magnitude 6.0 within one hundred (100) km.

B. The operator shall either, (1) Operate and maintain an accelerometer at the project site or (2) Obtain real time data from the USGS to determine the earthquake magnitude of any seismic event in the area. The operator shall immediately inspect all project site pipelines, facilities, equipment, storage tanks, and other infrastructure following any seismic event above the thresholds defined in 17.46.31.3.A and promptly notify the city engineer and the city manager of the results of the inspection within twenty-four (24) hours of the seismic event. Shall there be any structural damage or equipment failure as a result of any seismic event, the operator shall isolate and address any damage or equipment failure as appropriate to minimize environmental or safety impacts. The operator shall prepare and submit a written report of all inspections and findings to the city for review with one (1) week of the seismic event.

C. The operator shall not reinstitute operations at those portions of the project site and associated pipelines damaged by a seismic event until the damage has been repaired and confirmed by the operator to be structurally sound and safe for operation, and has passed any otherwise required inspection. Before returning any damaged structure, fixture or equipment to operation, the operator shall prepare and submit to the city manager a written report of inspections and repairs of that structure, fixture or equipment, and the results of any required inspection.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall install tank leak detection monitoring system that will indicate the physical presence of a leaked product underneath storage tanks on site that have the potential to result in soil contamination. The results of the monitoring shall be submitted to the city manager upon request. The monitoring system required by 14 California Code of Regulations Section 1773.2 is sufficient. This section does not apply to existing facilities.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator is responsible for compliance with safety and emergency response requirements.

A. Copies of all emergency response plans, emergency action plans, oil spill plans, inspections, reports and any emergency response drill training as required by DOGGR, CalEPA, OSHA, Kern County Fire Department, SJVAPCD or any other agency shall be submitted to the city.

B. Safety audit. The operator shall cause to be prepared an independent third-party audit, under the direction and supervision of the city, of all facilities, once constructed or within one (1) year of the adoption of this chapter, including the well pads, to ensure compliance with the California Fire Code (as may be adopted by the city with modifications as applicable), applicable API and NFPA codes, EPA RMP, OSHA PSM, DOGGR and SPCC and emergency response plans requirements. All audit items shall be implemented in a timely fashion, and the audit shall be updated annually, as may be directed by the city and the Kern County Fire Department. The operator shall also cause to be prepared a seismic assessment, including walkthroughs, of equipment to withstand earthquakes prepared by a registered structural engineer in compliance with Local Emergency Planning Committee Region 1 CalARP guidance and the seismic assessment shall be updated, with walkthrough inspections, annually to ensure compliance with the codes and standards at the time of installation.

C. Community alert system. If the site is within six hundred (600) feet of any prohibited zoning as listed in Table 1-1, the operator shall implement a community alert notification system, or utilize an existing system operated by the police, sheriff or fire department, to automatically notify area residences and businesses in the event of an emergency at an oil or gas site that would require residents to take shelter or take other protective actions.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall implement the following measures throughout the operations of any oil and gas site subject to this chapter:

A. Solid waste disposal. Solid waste generated on the site shall be transported to a permitted landfill or hazardous waste disposal site as may be appropriate for the life of the operation. The operator shall provide written notice to the city manager of the landfill or hazardous waste disposal facility being utilized.

B. Site waste removal. The operator shall comply with the following provisions:

1. All drilling and workover waste shall be collected in enclosed bins. Any drilling and workover wastes that are not intended to be injected into a Class II Well, as permitted by DOGGR, shall be removed from the project site no later than thirty (30) days following completion of the drilling and workover.

2. No site waste shall be discharged into any sewer unless permitted by the sanitation district, or into any storm drain, irrigation system, stream, or creek, street, highway, or drainage canal. Nor shall any such wastes be discharged on the ground.

C. Storage of hazardous materials. The operator shall submit to the city manager a copy of the hazardous material business plan, as reviewed by the Kern County Fire Department, annually. This plan shall include a complete listing and quantities of all chemicals used onsite, and provide the location of where hazardous materials are stored at the site. Hazardous materials shall be stored in an organized and orderly manner, and identified as may be necessary to aid in preventing accidents, and shall be reasonably protected from sources of external corrosion or damage to the satisfaction of the Fire Chief of the Kern County Fire Department or designee.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Throughout the operation of any oil and gas site subject to this chapter, NGLs, as defined by this code, shall be blended with crude oil for shipment by pipeline to the maximum extent allowable within the technical specifications of the pipeline. Oil transportation pipelines and gas processing facilities shall be designed to maximize the blending of NGLs into the crude oil stream.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

If the transportation routes of any product from oil and gas development in the city passes through or adjacent to any prohibited zoning as listed in Table 1-1, excluding designated truck routes, the operator shall prepare and maintain a Transportation Risk Management and Prevention Program which shall be provided to the city manager upon request. The TRMPP may contain the following components including, but not limited to:

A. Provisions for conducting comprehensive audits of carriers biennially to assure satisfactory safety records, driver hiring practices, driver training programs, programs to control drug and alcohol abuse, safety incentive programs, satisfactory vehicle inspection and maintenance procedures, and emergency notification capabilities. The operator shall submit to the city any audits that were conducted each calendar year.

B. Provisions for allowing only carriers which receive a satisfactory rating under the above audit process to transport oil and gas.

C. Truck loading procedures for ensuring that the truck driver conducts and documents in writing a visual inspection of the truck before loading and procedures to specify actions to be taken when problems are found during the visual inspection.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

All new offsite DOT oil pipelines shall use a supervisory control and data acquisition (SCADA-type) monitoring system for leak detection; unless the city manager determines that there is better available technology that shall be utilized instead. Flow meters used on the SCADA system shall be accurate to within one percent (1%). If a leak is detected the operator shall be responsible for immediately reporting it to the city manager.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Throughout operation of an oil and gas site, the operator shall comply with the following environmental resource management policies.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. Environmental Quality Assurance Program ("EQAP"). The operator shall comply with all provisions of an environmental quality assurance program that has been accepted by the city manager and approved as part of a CUP or DA. For oil and gas sites that are existing at the time of the adoption of this chapter and are not required to have a CUP, completion of the requirements of section 17.46.031.5.B satisfies the requirements of section 17.46.032.1. The following provisions relate to the EQAP:

1. EQAP requirements. The EQAP shall provide a detailed description of the process, individual steps, and submissions, the operator shall take to assure compliance with all provisions of this section, including but not limited to, all of the monitoring programs called for by this section.

2. Annual EQAP reports. Within sixty (60) days following the end of each calendar year, the operator shall submit to the city manager an annual EQAP report that reviews the operator's compliance with the provisions of the EQAP over the previous year and addresses such other matters as may be requested by the city manager. The annual EQAP report shall include the following:

i. A complete list and description of any and all instances where the provisions of the EQAP, or any of the monitoring programs referred to therein or in this section, were not fully and timely complied with, and an analysis how compliance with such provisions shall be improved over the coming year.

ii. Results and analyses of all data collection efforts conducted by the operator over the previous year pursuant to the provisions of this section.

3. EQAP updates. Proposed updates to the EQAP shall be submitted to the city manager for approval along with the annual EQAP report. The city manager shall complete the review of EQAP updates as soon as practicable, and shall either approve the updated EQAP or provide the operator with a list of specific items that must be included in the EQAP prior to approval. The operator shall respond to any request for additional information within thirty (30) days of receiving such request from the city manager and shall modify the proposed EQAP update consistent with the city manager's request.

B. Publically available monitoring data. The operator shall be responsible for making current monitoring results and data available to the public unless otherwise required by law. The up-to-date monitoring data and results shall be maintained by the operator. The monitoring results and data shall include the following information:

1. Air quality data (if required to be collected);

2. Wind direction speed (if required to be collected);

3. Seismic events;

4. Water quality monitoring results for both surface and groundwater monitoring locations at an oil or gas site, or from nearby groundwater monitoring location(s), as authorized by the city manager;

5. Pipeline testing and monitoring results;

6. Vibration (if required to be collected); and

7. Ambient noise levels (if required to be collected).

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall at all times conduct oil or gas site operations to prevent the unauthorized release, escape, or emission of dangerous, hazardous, harmful and/or noxious gases, vapors, odors, or substances, and shall comply with the following provisions:

A. Odor minimization. If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, or if three (3) odor complaints from three (3) different citizens of the city have been confirmed by the SJVAPCD or the city within any 12-month period, at all times the operator shall comply with the provisions of an odor minimization plan that has been approved by the city manager. The plan shall provide detailed information about the site and shall address all issues relating to odors from oil or gas operations. Matters addressed within the plan shall include setbacks, signs with contact information, logs of odor complaints, method of controlling odors such as flaring and odor suppressants, and the protocol for handling odor complaints. The odor minimization plan shall be reviewed and updated by the operator on an annual basis to determine if modifications to the plan are required. Any modifications to the odor minimization plan shall be submitted to the city manager for review and approval. Any operator's submissions to the SJVAPCD shall be provided to the city manager and shall be consistent with Section 17.46.031.2.

B. Portable flare for drilling. If the well is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, and either the historical operations of the producing zone have exhibited a gas-oil ratio (scf/bbl) of more than four hundred (400) or no data is available on the producing zone targeted, the operator shall have a gas buster and a portable flare, approved by the SJVAPCD, at the oil and gas site and available for immediate use to remove any gas encountered during drilling and abandonment operations from well muds prior to the muds being sent to the shaker table, and to direct such gas to the portable flare for combustion. The portable flare shall record the volume of gas that is burned in the flare. The volume of gas burned in the flare shall be documented in the operations logs. The operator shall notify the Fire Chief of the Kern County Fire Department and the SJVAPCD within forty-eight (48) hours in the event a measurable amount of gas is burned by the flare, and shall specify the volume of gas that was burned in the flare. All other drilling and abandonment operations shall be conducted so that any measurable gas that is encountered can, and will, be retained in the wellbore until the gas buster and portable flare are installed on the rig, after which the gas will be run through the system to flare. The operator shall immediately notify the Fire Chief of the Kern County Fire Department and the SJVAPCD in the event any gas from operation is released into the atmosphere without being directed to and burned in the flare.

C. Odor control for drilling operations. If the well is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1 and either the historical operations of the producing zone have exhibited a gas-oil ratio of more than four hundred (400) (scf/bbl) or no data is available on the producing zone targeted, the operator shall use an enclosed mud system that directs all mud vapors through an odor capturing system, such as a carbon bed, to prevent odorous pollutants from passing the site boundaries and impacting the area. An odor suppressant spray system may be used on the mud shaker tables for all drilling operations to ensure that no odors from said operations can be detected at the outer boundary line of the oil and gas site.

D. Closed systems. The operator shall ensure that all produced water, gas and oil associated with production, processing, and storage, except those used for sampling only, are contained within closed systems at all times and that all pressure relief systems, including tanks, vent to a closed header and flare-type system to prevent emissions of pollutants. This subsection does not apply to existing facilities.

E. No open pits are allowed.

F. Off-road diesel construction equipment engines. All off road diesel construction equipment shall comply with the following provisions:

1. Utilize California Air Resources Board ("CARB") EPA Certification Tier III or other methods approved by the CARB as meeting or exceeding the Tier III standard.

2. Utilize a CARB Level 3 diesel catalyst. The catalyst shall be capable of achieving an eighty-five percent (85%) reduction for diesel particulate matter. Copies of the CARB verification shall be provided to the city manager. Said catalysts shall be properly maintained and operational at all times when the off-road diesel construction equipment is in use. Use of an EPA Certification Tier 4i engine will also satisfy this requirement.

G. Drill rig engines. All drilling rig diesel engines shall comply with the following provisions:

1. Utilize CARB/EPA Certification Tier III or better certified engines.

2. Utilize a CARB Level 3 diesel catalyst. The catalyst shall be capable of achieving an eighty-five percent (85%) reduction for diesel particulate matter. Copies of the CARB verification shall be provided to the city manager. Said catalysts shall be properly maintained and operational at all times when the off-road diesel construction equipment is in use. Use of an EPA Certification Tier 4i engine will also satisfy this requirement.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. The operator of an oil and gas site shall completely offset all emissions from the oil and gas site through participation in the statewide cap and trade program, if applicable, or obtaining credits from another program as approved by the city manager. On an annual basis, the operator shall provide the city manager with documentation of the operator's participation in the program. This section does not apply to existing facilities.

B. Throughout the oil and gas site life, as equipment is added or replaced, cost-effective energy conservation techniques shall be incorporated into project design.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, at all times the operator shall comply with the provisions of an air monitoring plan that has been approved by the city manager. During all well operations, including but not limited to drilling, re-drilling and workover operations, the operator shall continuously monitor for hydrogen sulfide, in a manner that allows for detection of pollutants from all wind directions, as approved by the city manager. Total hydrocarbon vapors shall be monitored at drilling, workover and processing plant areas as specified in the approved plan. Such monitors shall provide automatic alarms that are triggered by the detection of hydrogen sulfide or total hydrocarbon vapors. The alarms shall be audible and/or visible to the person operating the equipment. Actions to be taken shall be as follows when specified alarm levels are reached:

A. At a hydrogen sulfide concentration of equal to or greater than five (5) parts per million but less than ten (10) parts per million, the operator shall immediately investigate the source of the hydrogen sulfide emissions and take prompt corrective action to eliminate the source. The corrective action taken shall be documented in the drilling or workover log. If the concentration is not reduced to less than five (5) parts per million within four (4) hours of the first occurrence of such concentration, the operator shall shut down the drilling or workover operations and equipment in a safe and controlled manner, until the source of the hydrogen sulfide emissions has been eliminated, unless shutdown creates a health and safety hazard.

B. At a hydrogen sulfide concentration equal to or greater than ten (10) parts per million, the operator shall promptly shut down the drilling or workover operations and equipment in a safe and controlled manner until the source of the hydrogen sulfide emissions has been eliminated, unless shutdown creates a health and safety hazard. The corrective action taken shall be documented in the drilling or workover log. When an alarm is received, the operator shall promptly notify the Kern County Fire Department, the city manager, and the SJVAPCD.

C. At a total hydrocarbon concentration equal to or greater than five hundred (500) parts per million but less than one thousand (1,000) parts per million, the operator shall immediately investigate the source of the hydrocarbon emissions and take prompt corrective action to eliminate the source. The corrective action taken shall be documented in the drilling log for drilling or workover and in the log for the oil and gas site. If the concentration is not reduced to less than five hundred (500) parts per million within four (4) hours of the first occurrence of such concentration, the operator shall shut down the drilling or workover, or site operations in a safe and controlled manner, until the source of the hydrocarbon emissions has been eliminated, unless shutdown creates a health and safety hazard.

D. At a total hydrocarbon concentration equal to or greater than one thousand (1,000) parts per million, the operator shall promptly shut down the drilling or workover or operations in a safe and controlled manner, until the source of the hydrocarbon emissions has been eliminated, unless shutdown creates a health and safety hazard. The corrective action taken shall be documented in the drilling log for drilling or workover and in the log. When an alarm is received, the operator shall promptly notify the Kern County Fire Department - Health Hazardous Materials Division, and the SJVAPCD.

E. The city manager may also require additional monitoring at the closest residential receptor periodically for hydrogen sulfide, hydrocarbons or Toxic Air Contaminants. All the monitoring equipment shall keep a record of the levels of total hydrocarbons and hydrogen sulfide detected at each of the monitors, which shall be retained for at least five (5) years. The operator shall, on a quarterly basis, provide a summary of all monitoring events where the hydrogen sulfide concentration was at five (5) parts per million or higher and the total hydrocarbon concentration was at five hundred (500) parts per million or higher to the Fire Chief of the Kern County Fire Department. At the request of the fire chief, the operator shall make available the retained records from the monitoring equipment.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall at all times conduct operations to avoid any adverse impacts to surface and groundwater quality, and shall comply with the following provisions.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with all provisions of a potable water management plan that has been approved by the city manager. The plan shall include best management practices, water conservation measures, and the use of a drip irrigation system. The water management plan shall be reviewed by the operator every three (3) years to determine if modifications to the plan are required. Any modifications to the water management plan shall be submitted to the city manager for review and approval. This section does not apply to existing facilities.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Construction Storm Water Pollution Prevention Plan ("SWPPP"). The operator shall maintain and implement all provisions of a storm water pollution prevention plan ("SWPPP") that has been submitted to the Regional Water Quality Control Board, if required. The operator shall provide the city manager with a copy of the SWPPP, and any future modifications, revisions, or alterations thereof, or replacements therefore upon written or verbal request of the city manager. The SWPPP shall be updated prior to new construction activities as required by the Regional Water Quality Control Board.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. Prior to any new development, the operator shall prepare and submit a baseline study of all groundwater resources located within and beneath the project site or directly adjacent to the site, to specifically include an analysis of the location and reservoir characteristics of all existing groundwater resources, a chemical analysis of the groundwater, and an overall assessment of the groundwater quality. Nothing in this section shall authorize the operator to trespass on private property including private wells; operator shall use reasonable efforts to obtain permission from private wells. Upon determining that the testing data for said well(s) is otherwise not publically available, the operator may make a showing of reasonable efforts to obtain permission to access private wells to the city manager. Upon such a showing, and a deposit by the operator to cover the costs noticing, the city manager may send out notices requesting access to the private wells for sampling purposes. If data from nearby private wells is not available, the operator may rely on data from the two (2) closest public wells.

B. The operator shall not inject any water spoils/wastewater derived from the any oil or gas operations into any non-exempt freshwater aquifers.

C. Upon indication that groundwater contamination has occurred and where there is a reasonable probability it could be related to oil and gas activities at the site, within thirty (30) days of request by the city the operator shall deposit funds with the city necessary to retain a third party to prepare a hydrological analysis Groundwater Testing Program, or alternately, provide comparable analyses performed through the Groundwater Ambient Monitoring and Assessment Program or other reliable source as determined by the city manager. Based on the results of the geo-hydrological analyses, the city manager has the discretion to require the operator to install one (1) or more groundwater monitoring wells to allow for confirmation that groundwater is not being affected by oil and gas activities. As part of the Groundwater Testing Program the operator is required to provide the city manager with annual monitoring and testing results.

D. The operator shall be responsible for obtaining a field/site study from DOGGR. If DOGGR does not provide this to the operator then the operator shall submit evidence detailing DOGGR's response to their field/site study request to the city manager for review.

E. The operator shall provide to the city manager a copy of the DOGGR Annual Injection Project Review (if the operator is operating a water injection or water disposal well) upon written or verbal request by the city manager. The operator shall provide to the city manager the results of any DOGGR required cement casing integrity testing, including radial cement evaluation logs or equivalent upon written or verbal request by the city manager, before any wells are put into production.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

All facilities at an oil or gas site located within six hundred (600) feet of any prohibited zones, as indicated in Table 1-1, or if noise levels exceed city thresholds as confirmed by the city manager, operations shall comply with the following provisions:

A. All noise produced from the site shall conform to the noise thresholds specified in Table 4 - Noise Standards For Land Use Compatibility.

B. Backup alarms on all vehicles operating within six hundred (600) feet of the prohibited zone in Table 1-1, shall be disabled between the hours of 6:00 p.m. and 8:00 a.m. During periods when the backup alarms are disabled, the operator shall employ alternative low-noise methods for ensuring worker safety during vehicle backup, such as the use of spotters.

C. Any and all operations, construction, or activities on the site between the hours of 6:00 p.m. and 8:00 a.m. shall be conducted in conformity with a quiet mode operation plan that has been approved by the city manager. The quiet mode operation plan shall be reviewed by the operator every year to determine if modifications to the plan are required. Any modifications to the quiet mode drilling plan shall be submitted to the city manager for review and approval. Operations that are existing at the time this chapter is adopted are exempt from the quiet mode plan submittal requirements but are required to comply with the quiet mode provisions listed in section 17.46.08.1.J.

D. All noise producing oil and gas site equipment shall be regularly serviced and repaired to minimize increases in pure tones and other noise output over time. The operator shall maintain an equipment service log for all noise-producing equipment.

E. All construction equipment shall be selected for low-noise output. All construction equipment powered by internal combustion engines shall be properly muffled and maintained.

F. Unnecessary idling of construction equipment internal combustion engines is prohibited.

G. The operator shall instruct employees and subcontractors about the noise provisions of this chapter. The operator shall prominently post quiet mode policies at every oil and gas site if applicable.

H. All oil operations on the oil and gas site shall be conducted in a manner that minimizes vibration. Additionally, vibration levels from oil or gas operations at the site, as measured from the perimeter of the oil or gas site, shall not exceed a velocity of 0.25 mm/s over the frequency range one (1) to one hundred (100) Hz.

I. For all oil and gas operations if noise levels exceed the levels prescribed in Table 4 - Noise Standards For Land Use Compatibility or the vibration thresholds specified in Subsection (H) of this section, including those outside of six hundred (600) feet as indicated above, within thirty (30) days of request by the city manager, the operator shall deposit funds for the city manager to retain an independent qualified acoustical engineer to monitor (1) ambient noise levels and (2) vibration levels in the areas surrounding the oil or gas site as determined necessary by the city manager. The monitoring shall be conducted unannounced and within a time frame specified by city manager. Should noise or vibrations from the oil or gas site exceed the noise thresholds specified in Table 4 - Noise Standards for Land Use Compatibility of the Noise Element of the General Plan or the vibration thresholds specified in Subsection (H) of this section, operation can also be subject to enforcement under this chapter including notices of violation per Section 17.46.015. No new drilling permits, CUPs, or DAs shall be issued by the city until the operator in consultation with the city manager identifies the source of the noise or vibration and the operator takes the steps necessary to assure compliance with thresholds specified in this chapter. The results of all such monitoring shall be promptly posted on the website for the oil or gas site and provided to the city manager.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with all of the following provisions:

A. All DOGGR regulations related to drilling, workovers, operations and abandonment operations.

B. No more than two (2) rigs shall be present within the oil or gas site at any one (1) time.

C. All derricks and portable rigs and masts used for drilling and workovers shall meet the standards and specifications of the American Petroleum Institute as they presently exist or as may be amended.

D. All drilling and workover equipment shall be removed from the site within ninety days following the completion of drilling or workover activities unless the equipment is to be used at the site within thirty (30) days for drilling or workover operations.

E. All drilling sites shall be maintained in a neat and orderly fashion.

F. Belt guards shall be required over all drive belts on drilling and workover equipment. Guarding shall be as required by Title 8 of the California Code of Regulations, Section 6622, or as may be subsequently amended.

G. Aboveground pumpjack assemblies are prohibited for new wells located in non-industrial and non-agricultural areas, and new wells in non-industrial areas sites are restricted to the exclusive use of submersible downhole pumping mechanisms for extraction. However, any well already lawfully existing at the time of implementation of this chapter using a pumpjack assembly may continue to do so. The requirements of this subsection are applicable to all oil and gas sites in all non-industrial zones and non-agricultural zones except where the city manager determines that the use of submersible downhole pumping mechanisms is infeasible due to technical reasons or other circumstances which would specifically preclude the use of such technology (including field and well specific flowrates and fluid types) or render its use less desirable (such as increased environmental impacts, surface impacts, or other issues related to public health, welfare or safety).

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with the following provisions related to pipelines throughout operation of an oil or gas site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. Pipelines shall be used to transport oil and gas off-site to promote traffic safety and air quality, unless it can be demonstrated to the satisfaction of the city manager that a pipeline is not reasonably feasible (which may include proximity of pipelines to prohibited uses, production volumes resulting in less than one (1) truck delivery trip per week, etc.) and that transportation of products do not pass through or adjacent to prohibited areas as defined in Table 1-1, except on designated truck routes. Trucking on a temporary basis is allowed with approval of the city manager.

B. The use of a pipeline for transporting crude oil or gas may be a condition of approval for expansion of existing facilities or construction of new facilities unless it can be demonstrated to the satisfaction of the city manager that a pipeline is infeasible and that transportation of products do not pass through or adjacent to prohibited areas as defined in Table 1-1, except on designated truck routes.

C. New pipeline corridors shall be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overriding technical constraints or significant social, aesthetic, environmental or economic reasons not to do so, as approved by the city manager.

D. New pipelines shall be routed to avoid residential, recreational areas, and schools if possible. Pipeline routing through recreational, commercial or special use zones shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, durations, and projected spill paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the city manager, so that each segment will be isolated in the event of a break.

E. Upon completion of any new pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality, unless there are approved development plans for the site, in which case re-vegetation would not be necessary.

F. Gas from wells shall be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources, unless the SJVAPCD approves the flaring of gas during the temporary operation of an well. Oil shall also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A. Operators shall visually inspect all aboveground pipelines for leaks and corrosion on a monthly basis.

B. The operator shall install a leak detection system for all offsite DOT regulated oil and gas pipelines. The leak detection system for oil shall include pressure and flow meters, flow balancing, supervisor control and data acquisition system, and a computer alarm and communication system in the event of a suspected leak. The leak detection system for gas pipelines shall include pressure sensors. The accuracy shall be defined once the system is established and tested and approved by the city manager. The city manager may deviate from these requirements to address system specific operating requirements.

C. Pipe clamps, wooden plugs or screw-in plugs shall not be used for any permanent repair approved by the city manager.

D. Pipeline abandonment procedures shall be submitted to the city manager for review and approval prior to any pipeline abandonment.

E. Copies of pipeline integrity test results required by any statute or regulation shall be maintained in a local office of the operator and posted online on the same website that provides the monitoring results required in Section 17.46.032.1 for five (5) years and shall also made available to the city, upon request. The city shall be promptly notified in writing by the operator of any pipeline taken out of service due to a test failure.

During full production of an oil or gas site no temporary buildings are allowed to be constructed or maintained anywhere at the site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)