Irvine Municipal Code Ch. 1 In General

The purpose of this division is to regulate the drilling, redrilling and servicing of oil wells and the production and storage of hydrocarbon substances.

(Code 1976, § VI.I-101; Ord. No. 27, § 77.012, 4-17-72)

The following terms, as used in this division, shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Abandonment: The restoration of the drill site as required by these regulations.

A.S.M.E.: The American Society of Mechanical Engineers.

A.P.I.: The American Petroleum Institute.

Approved: Approved by the Superintendent; "approved type," or "approved design," is and includes improvements, equipment or facilities of a type or design approved by the Superintendent.

Blow-out: The uncontrolled discharge of gas, liquid or solids or a mixture thereof from a well into the atmosphere.

Blow-out preventer: A mechanical, hydraulic or pneumatic or other device or a combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith designed and capable of preventing a blow-out.

Cellar: An excavation around or above the top joint of the casing in a well.

Completion of drilling: A well is completed, for the purpose of these regulations, 30 days after the drilling crew has been released, unless drilling or remedial operations are resumed before the end of the 30 days.

Derrick: Any framework, tower or mast, together with all parts of and appurtenance to such structure, including any foundations, pump house, pipe racks and each and every part thereof, which is or are required, or used, or useful for the drilling for and the production of oil, gas or other hydrocarbons from the earth, except tanks used for storage purposes.

Desertion: The cessation of operations at a drill site without compliance with the provisions of the chapter relating to suspended operations or abandonment.

Diligence: That the drilling derrick is in its operating position over the well, properly anchored and supported and that an operating crew is on duty at the drill site at all reasonable times.

Division of Oil and Gas: The Division of Oil, Gas, and Geothermal Resources in the Department of Conservation of the State of California or any other State agency that may in the future be charged with its responsibilities.

Drill site: The premises used during the drilling and subsequent life of a well or wells, which is necessary for the safe operations thereof.

Drilling: Digging a hole in earth formation with a power driven drill bit for the purpose of exploring for or developing of oil or gas. Drilling includes those operations that are concerned with the completion of a well. "Drilling" does not include "shot hole."

Gas: Gaseous components or vapors occurring in or derived from petroleum or natural gas.

Lessee: The possessor of the right to exploit the premises for minerals.

Lessor: The mineral right owner.

Maintenance: The repair and replacement of parts of a structure where same does not alter or lessen the strength or stability of the structure.

Natural gasoline plant orabsorption plant: A plant for the processing of natural gas from the production wells and processed into its various components.

Oil: Includes petroleum.

Operator: The person, whether proprietor, lessee or independent contractor, actually in charge and in control of the drilling, maintenance, operation or pumping of a well or lease.

Outer boundary line: Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operating unit, the term "outer boundary line" means the exterior limits of the land included in the lease or unit. In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity.

Owner: A person who owns a legal or equitable title in and to the surfaces of the drill site.

Petroleum: Includes oil.

Redrilling: The deepening of an existing oil well or otherwise drilling beyond the extremities of the existing well casing. The provisions of this division relating to drilling shall be equally applicable to redrilling.

Seismic petroleum prospecting: Prospecting for oil by means of drilling holes into the ground, placing an explosive charge therein, and detonating such charge, thereby exciting an energy or sound wave through the earth, the results of which are recorded and read by seismograph equipment placed at various locations on the surface of the earth. Seismic petroleum prospecting is prohibited in the area within one mile landward of the line of Upper Newport Bay as established and adjudicated by Superior Court Case No. 20436.

Shot hole: The hole drilled in seismic petroleum prospecting.

Source of ignition: Any flame, arc, spark or heated object or surface capable of igniting, flammable liquids, gases or vapors.

Structure: That which is built or constructed; a tank, edifice, or building of any kind.

Suspended operations: The approved, temporary suspension of drilling or redrilling operations pending a resumption of operations or abandonment.

Tank: A container, covered or uncovered, used in conjunction with the drilling or production of an oil well, for holding or storing liquids at or near atmospheric pressure.

Well oroil well: A well or hole drilled into the earth for the purpose of exploring for or extracting from the earth oil, gas or other hydrocarbon substances, or a well or hole in the earth by means of and through which oil, gas and other hydrocarbon substances are extracted, produced or capable of being produced from the earth, or a well or hole for the purpose of secondary recovery or disposal thereof. "Well" does not include "shot hole."

Well servicing: Remedial or maintenance work performed within any existing well which does not involve drilling or redrilling.

(Code 1976, § VI.I-102; Ord. No. 27, § 77.013, 4-17-72; Ord. No. 185, § 13, 2-8-77)

It shall be the duty of the Director of Public Works to enforce the provisions of the division. If at any time the Director of Public Works finds any operator is violating any of the provisions of this division, he or she may order immediate compliance. If immediate compliance is not obtained, the Director of Public Works shall order immediate cessation of operations. The operator shall immediately comply with the order of the Director of Public Works to cease and shall not resume any operations until written approval by the Director of Public Works is had.

(Code 1976, § VI.I-103; Ord. No. 27, § 77.0115, 4-17-72; Ord. No. 185, § 13, 2-8-77)

A. The City Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the Director of Public Works in the administration or enforcement of any of the provisions of this division.

B. An appeal shall be in writing and shall be filed in triplicate in the Office of the Director of Public Works. An appeal from any order, requirement, decision or determination by the Director of Public Works must set forth specifically wherein it is claimed there was an error or abuse of discretion by his or her action or where the decision is not supported by the evidence in the matter.

C. Any appeal not filed within 10 days from and after the date of the order, requirement, decision or determination complained of shall be dismissed by the City Council.

D. Within five days from and after the filing of the appeal, the Director of Public Works shall transmit to the City Council all papers involved in the proceedings and two copies of the appeal. In addition, he or she may make and transmit to the City Council such supplementary report as he or she may deem necessary to present clearly the facts and circumstances of the case.

E. Upon receipt of the record, the City Council shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant and to the Director of Public Works and any other party at interest who has requested in writing to be so notified and no other notice need be given.

F. Upon the date for the hearing, the City Council shall hear the appeal, unless for cause the Council shall on that date continue the matter. No notice of continuance need be given if the order therefor be announced at the time for which the hearing was set.

G. Upon the hearing of such appeal, the City Council may affirm, change or modify the ruling, decision or determination appealed from or in lieu thereof may make such other or additional determination as it shall deem proper in the premises subject to the same limitations as are placed upon the Director of Public Works by this division and by other provisions of law.

(Code 1976, § VI.I-104; Ord. No. 27, § 77.0116, 4-17-72)

It shall be the responsibility of the Director of Public Works to determine that the drill site and all facilities pertinent thereto have been restored to their original condition as nearly as practicable in conformity with the regulations of this division, including the following requirements:

A. Standard. It shall be the responsibility of the operator to comply with the abandonment provisions of this division and he or she shall furnish the Director of Public Works the approval of the Division of Oil and Gas confirming compliance with all abandonment proceedings under the State laws.

It shall be the responsibility of the operator to comply with the abandonment provisions of this division and he or she shall furnish the Director of Public Works with a copy of the approval of the Division of Oil and Gas, confirming compliance with all abandonment proceedings under the State law, and a notice of intention to abandon under the provisions of this section and stating the date such work will be commenced.

Abandonment may then be commenced on or subsequent to the date so stated. Abandonment shall be approved by the Director of Public Works after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements:

1. The derrick and all appurtenant equipment thereto shall be removed from the drill site.

2. All tanks, towers and other surface installations shall be removed from the drill site.

3. All concrete, pipe, wood and other foreign materials shall be removed from the drill site to a depth of six feet below grade, unless part of a multi-well cellar then being used in connection with any other well for which a permit has been issued.

4. The oil well casing shall be cut off at a point six feet below the drill site grade at the cellar, but in no case below sea level. Nothing shall be placed in the hole above the point of cut-off until the cut-off has been inspected by the Director of Public Works and by him or her found to be in compliance with all applicable provisions of law.

5. The top 10 feet of the remaining casing shall be filled with a cement plug to prevent gas fumes from escaping.

6. A steel cap of not less than the same thickness as the well casing shall be tack welded to the casing in a minimum of four places.

7. All holes and depressions shall be filled and packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site.

B. Conversion to water well. A well may be converted to a domestic or agricultural water well upon the approval of the Director of Public Works after:

1. A request in writing by the landowner has been made to the Director of Public Works.

2. An original or certified copy of the approved conversion permit from the Division of Oil and Gas has been furnished the Director of Public Works.

3. All the provisions of abandonment in the preceding subsection have been complied with except that those appurtenances necessary in the opinion of the Director of Public Works for the operation of a water well may be retained.

(Code 1976, § VI.I-105; Ord. No. 27, § 77.019, 4-17-72; Ord. No. 185, § 13, 2-8-77)

Except as provided in Subsection B hereof, no drilling, redrilling, work or construction shall be done beyond the point indicated in each successive inspection without first obtaining the written approval of the Director of Public Works.

A. Site preparation.

1. The well location shall be clearly marked by a stake or other suitable means and identified as the "well location."

2. The drill site shall be prepared as required in these regulations and shall be of such size so as to provide for the safe erection of the mast or derrick and all appurtenant structures thereto as indicated on the approved plot plan.

3. Any private road used for ingress and egress of equipment to the drill site shall be prepared as required by these regulations.

4. The proposed well shall be located in conformity with these regulations as to the distances from streets, outer boundaries, public buildings and dwellings.

B. Commencement of drilling. The Director of Public Works shall be called and notified when the drilling derrick or mast has been erected in conformity with these regulations and all necessary equipment pertinent to the drilling operations thereof has been installed and is on the site. Drilling may proceed prior to inspection of the derrick or mast, provided that its design has been previously approved by the Director of Public Works. It will be the obligation of the Director of Public Works to inspect such facilities as to their conformity with these regulations as soon as reasonably practicable.

C. Release of drilling crew. The Director of Public Works shall be notified immediately in writing, when the drilling crew is released and it shall then be his or her duty to inspect.

D. Completion of drilling. Upon completion of drilling operations an inspection request shall be called for.

E. Abandonment. An inspection shall be made subsequent to the approval of the abandonment notice and the Director of Public Works shall certify that the well has been abandoned in conformity with all regulations to a depth of six feet below grade.

(Code 1976, § VI.I-106; Ord. No. 27, § 77.0110, 4-17-72; Ord. No. 185, § 13, 2-8-77)

A. Service of notice. Every operator of any oil well shall designate an agent who is a resident of the State, upon whom all orders and notices provided in this division may be served in person, or by registered or certified mail. Every operator so designating such agent shall within 10 days notify the Director of Public Works, in writing, of any change in such agent or such mailing address unless operations within the City are discontinued. Service by registered or certified mail, or in person, on the agent so designated shall constitute service for all purposes of this division.

B. Transfer of operator. The operator shall notify the Director of Public Works in writing of the sale, assignment, transfer, conveyance, or exchange by said operator of wells, property and equipment within 10 days after such sale, assignment, transfer, conveyance or exchange. The notice shall contain the following:

1. The name and address of the person to whom such well and property was sold, assigned, transferred, conveyed or exchanged.

2. The name and location of the well.

3. The date of sale, assignment, transfer, conveyance or exchange.

4. The date when possession was relinquished by the former operator.

5. A description of the properties and equipment transferred. Every person who acquires any well, property, or equipment, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall within 10 days after acquiring such well, property, or equipment notify the Director of Public Works, in writing, of his or her ownership. The notice shall contain the following:

a. The name and address of the person from whom such well and property was acquired.

b. The name and location of the well.

c. The date of acquisition.

d. The date possession was acquired.

e. A description of the properties and equipment transferred.

f. The person designated for service of notice and his or her address.

C. Suspension of drilling and redrilling operations. The operator of any well shall notify the Director of Public Works, in writing, of any temporary suspension of operations, pending a resumption of operations or abandonment. The Director of Public Works, for good cause, may approve temporary suspension of operations. Such notice shall be filed with the Director of Public Works within 30 days from and after release of drilling crew. Failure of the Director of Public Works to act within 10 days shall constitute approval thereof. The operator shall notify the Director of Public Works, in writing, upon resumption of operations giving the date thereof.

D. Change in drilling contractor. The operator, before changing drilling or redrilling contractors, shall file with the Director of Public Works a written notice of the change, giving the name of the original contractor, and the name of the proposed contractor, and such information as was originally required to meet the design and structural requirements of this division. Such notice shall be attached to and become a part of the original oil drilling or redrilling permit.

(Code 1976, § VI.I-107; Ord. No. 27, § 77.0111, 4-17-72; Ord. No. 185, § 13, 2-8-77)

All piping subjected to pressures in excess of 150 P.S.I. shall be constructed and installed in accordance with the Building Code of the City.

(Code 1976, § VI.I-108; Ord. No. 27, § 77.0113, 4-17-72)