§ 9510.3. Application Process.

The procedures for processing an abandonment and site restoration permit shall utilize the notice, hearing and appeal process for a conditional use permit as detailed in Part 7 of Chapter 1 of Article IX, as refined herein by CMC § 9505 . For any item required to be submitted less than one hundred eighty (180) days in advance, the Petroleum Administrator has the discretion to process and approve the application. Any person may submit an appeal to the Petroleum Administrator or the Planning Commission within fifteen (15) days of the Petroleum Administrator's notice of decision consistent with CMC § 9173.4 . Mandatory requirements of the Code are not subject to appeal. All procedures shall be consistent with the following requirements.

(Ord. 16-1590, Exh. B (§ 1))

• A. Complete Abandonment of Oil and Gas Operations. The operator shall submit an application to the Petroleum Administrator upon intentional abandonment of the entire oil and gas operation or site. The application for abandonment and site restoration proceedings shall be submitted one hundred eighty (180) calendar days prior to the planned shutdown of all the facilities.

• B. Partial Abandonment of Oil and Gas Operations. If any portion of the oil or gas site is being abandoned, or if a well is being reabandoned, the operator shall submit an application to the Petroleum Administrator for partial abandonment of oil or gas operations. Said application shall be submitted not later than thirty (30) calendar days prior to abandonment or reabandonment of wells involving no more than ten (10) percent of the total number of wells on site or ten (10) wells, whichever is more; all other applications shall be submitted not later than one hundred eighty (180) calendar days prior to abandonment, reabandonment or restoration.

• C. Other Events Requiring an Application. The operator shall submit an application for abandonment, reabandonment, and site restoration proceedings to the Petroleum Administrator upon any of the following:

  1. Any event or condition designated in an existing City permit or entitlement that would require consideration of abandonment. The application shall be submitted ninety (90) days in advance of the event or condition. If the event or condition cannot be known until after it occurs, the application must be submitted within fifteen (15) days of the event or condition.

  2. Upon order of DOGGR. The application shall be submitted within thirty (30) days of a DOGGR order to abandon, reabandon, and restore the site; provided, however, that if the operator timely appeals such an order of the DOGGR, it shall have no obligation hereunder until thirty (30) days after a final decision affirming such order.

• D. Nothing in this Chapter shall limit the City's police powers. The City may require those measures reasonably necessary to address specific site or operational conditions that threaten public health, morals, safety or general welfare, which measures could include partial or complete abandonment.

• (Ord. 16-1590, Exh. B (§ 1))

The application shall be in a form and content specified by the Petroleum Administrator and this Section. The application shall contain the following:

• A. Name, address, and contact information for the permittee.

• B. Name, address, and general description of the permitted land use.

• C. Gross and net acreage and boundaries of the subject property.

• D. Location of all structures, above and underground, proposed to be removed.

• E. Location of all structures, above and underground, proposed to remain in place.

• F. Locations of all structures, above and underground, proposed for development, if any.

• G. Location of all wells, including active, idled, abandoned or reabandoned wells, including distances from site boundaries, and existing structures. Each well shall include the DOGGR well name and number, as well as the American Petroleum Institute (API) well number. If available, the location of the wells shall be identified with the name of the operator and well designation.

• H. An American Land Title Association (ALTA) survey of the site, showing all improvements, easements, rights-of-way, and other elements impacting the ownership of land.

• I. Location of all utilities on the subject property.

• J. Location of all easements on or adjacent to the subject property that may be affected by demolition or reclamation.

• K. To the extent known, the type and extent of all contamination and proposed remedial actions to the level of detail that can be assessed through environmental review. This information does not require a new or modified Phase 2 site assessment in advance of any requirement by the Fire Department or State agencies with regulatory oversight of site assessments.

• L. Location of areas of flood, geologic, seismic, and other hazards.

• M. Location of areas of archaeological sites, habitat resources, prime scenic quality, water bodies, and significant existing vegetation.

• N. Location and use of all structures within one hundred (100) feet of the boundaries of the subject property.

• O. A proposed abandonment and restoration plan that details the activities for the proposed action, including the following details: hours of operation; estimated number of workers required on site to decommission facilities and structures or to otherwise abandon or reabandon wells; disposition of equipment and structures proposed for decommissioning; projected method and routes of transporting equipment, structures, and estimated debris from the site to the place of disposition as well as the number of trips required; and an estimated schedule for decommissioning the facilities or completion of the work.

• P. A proposed waste management plan to maximize recycling and minimize wastes.

• Q. Other permit applications that may be required by the Code to retain any existing structures, roadways, and other improvements to the property that were ancillary to the oil or gas operations and are proposed to be retained to support other existing or proposed uses of the property following abandonment of the oil or gas operations.

• R. A proposed grading and drainage plan.

• S. A proposed plan to convert the site to natural condition or convert to other proposed land use, including a detailed schedule for restoring the site. In the latter case, include other applicable permit applications required, if any, for the proposed land use.

• T. A statement of intent regarding the disposition of utilities that served the oil and gas operations, including fire protection, power, sewage disposal, transportation, and water.

• U. Measures proposed to be used to prevent or reduce nuisance effects (e.g., dust, fumes, glare, noise, odor, smoke, traffic congestion, vibration) and to prevent danger to life and property.

• V. A copy of DOGGR approval to abandon, reabandon or remediate well(s).

• W. A leak test report for each abandoned well on the site that meets the requirements of CMC § 9537 .

• X. For abandonment or restoration in any circumstances where the permit is approved by the Petroleum Administrator without Planning Commission action, proof of mailed notice of intent to seek a permit to abandon or restore to the owner of record on the latest assessment roll for neighboring parcels within five hundred (500) feet of the oil and gas site property boundaries. The notice shall generally describe the scope of the activity being proposed.

• Y. Any other information deemed reasonably necessary by the Petroleum Administrator to address site-specific factors.

(Ord. 16-1590, Exh. B (§ 1))

• A. Application Filing. The Petroleum Administrator shall process complete applications for permits after determining the applications to be complete in compliance with CMC § 9510.3.2 , and submit applications subject to initial Planning Commission review to the Planning Commission with a recommendation regarding approval if the findings in CMC § 9510.3.4 are met. An application shall not be complete unless the applicant has made a deposit for the estimated direct and indirect costs of processing the application. The applicant shall deposit any additional amounts for the costs to process the application, including legal review, within fifteen (15) days of request by the Petroleum Administrator. Upon either completion of the permitting process or withdrawal of the application, the City shall refund any remaining deposited amounts in excess of the direct and indirect costs of processing.

• B. Independent or Concurrent Processing of Applications. For applications subject to initial Planning Commission review, the Planning Commission shall process complete applications for abandonment and site restoration permits independently of any other permit applications to develop the site in question, unless the Petroleum Administrator makes the determination that the concurrent processing of abandonment and site restoration permits and development permits for the same site do not unduly hinder timely restoration of abandoned sites or result in long delays in securing approval of development permits.

• C. Demolition and Restoration Permit Shall Supersede. Upon approval of a demolition and restoration permit subject to initial approval by the Planning Commission, or upon abandonment of operations, whichever occurs later, the demolition and reclamation permit shall supersede any inconsistencies in the discretionary permit approved for construction and operation of the facilities.

• D. Conditions of Permit. In addition to any other requirements of this Code, any permit for abandonment, reabandonment or restoration shall be subject to the following requirements regardless whether initially approved by the Petroleum Administrator or the Planning Commission:

  1. Oil well abandonment shall be performed by oil service company contractors licensed to do business in the City.

  2. All equipment and surface installations used in connection with the well which are not necessary, as determined by the Petroleum Administrator or Planning Commission, for the operation or maintenance of other wells on the drill or operation site shall be removed from the site.

  3. The abandoned site or portions of the oil and gas site shall be restored to its original condition or as nearly as is practical given the nature of the location and continuing uses for an oil and gas site, so long as the restoration will not adversely impact ongoing oil and gas production operations.

4. All sumps, cellars, and ditches which are not necessary for the operation or maintenance of other wells on the oil or gas site shall be cleaned out and all oil, oil residue, drilling fluid, and rubbish shall be removed to reduce hydrocarbons to standards acceptable to Federal, State, or local agencies. All sumps, cellars, and ditches shall be leveled or filled. Where such sumps, cellars, and ditches are lined with concrete, the operator shall cause the walls and bottoms to be broken up and all concrete shall be removed.

   5. The portions of the site not necessary for continuing oil or gas site operations shall be cleaned and graded and left in a clean and neat condition free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, and debris.

   6. All public streets, alleys, sidewalks, curbs and gutters, and other places constituting public property which may have been disturbed or damaged in connection with any operation, including operations for the abandonment or reabandonment of the well, shall be cleaned, and, except for ordinary wear and tear, shall be repaired and restored to substantially the same condition thereof as the same existed at the time of issuance of the permit, or at the time operations were first commenced in connection with the drilling, operation, or maintenance of the well.

   7. A copy of written approval of DOGGR confirming compliance with all State abandonment proceedings for all abandoned facilities must be furnished to the Petroleum Administrator.

   8. Proposed restoration will leave the subject site in a condition that is compatible with any existing easements or dedications for public access through or public use of a portion of the property.

• (Ord. 16-1590, Exh. B (§ 1))

In addition to the findings specified in CMC § 9172.21 , for permits the Petroleum Administrator or Planning Commission shall also make affirmative findings based on the following criteria:

• A. The subject site will be restored and remediated to its preproject conditions unless areas within the site are subject to approved development, in which case restoration and landscaping of these areas will conform to the permitted development. In cases where development is proposed but not yet permitted, restoration of affected areas to natural conditions may be waived by the Planning Commission; provided, the development is permitted within five (5) years and the permittee has posted financial assurances acceptable to the Petroleum Administrator to ensure restoration to natural conditions if the proposed development is not permitted.

• B. The proposed restoration will leave the subject site in a condition that is compatible with any existing easements or dedications for public access through or public use of a portion of the property.

• C. The permit conditions comply with CMC § 9510.3.3 and contain specific enforceable requirements to ensure the timely completion of any abandonment or reabandonment of wells, restoration activities or cessation of other oil and gas site operations subject to the permit.

• (Ord. 16-1590, Exh. B (§ 1))