Irvine Municipal Code Ch. 2 Permit

A. A permit from the Director of Community Development shall be obtained:

1. For drilling or redrilling operations in connection with the exploration for or the production of petroleum, or for the purpose of secondary recovery.

2. To erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any structure.

B. No permit shall be required for well servicing or maintenance of or for any structure for which a building permit is not required.

(Code 1976, § VI.I-201; Ord. No. 27, § 77.014, 4-17-72; Ord. No. 185, § 13, 2-8-77)

The applicant for a permit required by this chapter shall file an application in writing for a permit on a form furnished for that purpose by the Department of Community Development. The application shall be accompanied by:

A. A complete legal description of the property.

B. A fully informative plot plan showing the location of the well, the location of which has been staked on the ground, appurtenance structures and their relation to any existing hospital, sanitarium, church, rest home, airport, school and dwelling within the radius required by this division.

C. Plans and engineering specifications of structures, drilling derricks, drilling masts, tanks and high pressure systems regulated by this division. Applicant need not file plans and engineering specifications of standard derricks, masts and tanks when such plans and specifications are already on file in the Office of the Superintendent.

D. A corporate surety bond in conformity with provisions of Section 6-5-203.

E. A verified statement signed by the applicant certifying that he or she is duly authorized by the operator to make and file the application and that he or she has read the application and the same is true and correct.

F. An acknowledged statement in writing subscribed by the owner of the surface rights of the drill site and by the owner of any private land over which access is had to the drill site granting to the City the right to enter upon the drill site and such private land for the purpose of inspection and restoring the premises in the event the applicant should fail to do so.

G. A statement as to the means by which liquid spills will be removed from diked area or catchment basins.

H. Such other pertinent information as may be required by the Superintendent.

I. A drilling permit may be amended insofar as it relates to the drill site area and a drill site may be modified as to size and shape by filing with the Superintendent of a modified plot plan if the modified drill site conforms to the applicable provisions of this division and of the City Zoning Ordinance, but not otherwise.

(Code 1976, § VI.I-202; Ord. No. 27, § 77.015, 4-17-72; Ord. No. 185, § 13, 2-8-77)

A. Existing wells. A bond in the form required by this section shall be filed for each existing well within 30 days following the effective date of this division.

B. New wells. A bond in the form required by this section shall accompany every application for the drilling or redrilling of any oil well for which a bond is not on file.

C. Bond forms. Bonds shall be on a form approved by the City Attorney and shall be filed with the Superintendent.

1. Single bonds. Corporate surety bonds in the penal sum of $5,000. The bond shall be executed by the operator as principal and by the authorized surety company as surety and conditioned that the principal named in the bond shall faithfully comply with all the provisions of this division in drilling or redrilling and maintaining all production facilities as required by this division until properly abandoned in conformity with the provisions hereof. The bond shall secure the City against all costs, charges and expenses incurred by it by reason of the failure of the principal to fully comply with the provisions of this division. The bond shall include the correct name or number of the well and such other information as may be necessary to readily identify the oil well.

2. Blanket bonds. Any operator may, in lieu of filing a single bond for each well as required by the foregoing Subsections A and B of this section, file a bond in the amount of $25,000 to cover all of his or her said operations conducted within the City. A rider to said bond shall be filed with the Superintendent showing the correct name or number of the well and such other information as may be necessary to readily identify the oil well for each well covered by the bond.

D. Default in performance of conditions; notice to be given.

1. Whenever the Superintendent finds that a default has occurred in the performance of any requirement or condition of these regulations, written notice thereof shall be given to the principal and to the surety on the bond.

2. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Superintendent to be reasonably necessary for the completion of such work.

3. After receipt of such notice, the surety shall, within the time therein specified, either cause or require work to be performed, or failing therein, shall pay over to the Superintendent the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 25 percent of said estimated cost. Upon receipt of such monies, the Superintendent shall proceed by such mode as he or she deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the Division of Oil and Gas, such additional monies may be demanded from the surety as is necessary to restore the drill site in conformity with the regulations of this division.

E. Exoneration. Any bond issued in compliance with these regulations shall be terminated and cancelled and the surety be relieved of all obligations thereunder when the well has been properly abandoned in conformity with all regulations of this division and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the Department of Public Works.

F. Substitution. A substitute bond may be filed in lieu of any bond on file hereunder and the Superintendent shall accept and file the same if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated, but only if the Superintendent finds that all of the conditions of last mentioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned.

(Code 1976, § VI.I-203; Ord. No. 27, § 77.016, 4-17-72)

A. Drilling or redrilling permit fees. A fee for each drilling permit or redrilling permit shall be paid to the Superintendent as set forth in Subsection E hereunder. Where drilling, redrilling, construction, or other work for which a permit is required by this chapter is started or proceeded with prior to obtaining said permit, the fees hereunder specified shall be doubled, but the payment of such double fee shall not relieve any persons, firms, corporations or employees from fully complying with the requirements of this chapter or the execution of the work, nor from any other penalties prescribed herein.

B. Plan-checking fees. A plan-checking fee shall not be charged for the derrick, or its appurtenances. A plan-checking fee shall be charged for all permanent buildings, production tanks, washing tanks, skim ponds and such other structures not directly connected with the derrick itself. A plan-checking fee shall be charged for oil well cellars designed to accommodate more than one oil well. Said plan-checking fee shall be equal to one-half of the building permit fee as set forth in Subsection E hereunder.

C. Annual inspection fees. The Superintendent shall inspect annually and at such other times as he or she deems necessary, each producing oil well and suspended oil well regulated by this division for the purpose of ascertaining whether the well is being operated or maintained in conformity with the minimum standards of this division. To meet the expense of such inspection, the operator shall pay to the Department of Public Works an annual inspection fee as specified in Subsection E hereunder. The year for which each fee is applicable runs from July 1 to June 30. The fees shall be based upon the total number of wells existing (whether producing or not) on July 1. The fees shall be due prior to July 1 of the year to which they pertain. No additional fee shall be charged for additional inspections which may be required during the year. The Superintendent shall keep a permanent, accurate account of all annual inspection fees collected and received under this division, the name of the operator for whose account the same were paid, the date and amount thereof, together with the well name and designation and the general location of the well. A report of the Superintendent's annual inspection findings shall be furnished the operator.

D. Building permit fees. A building permit fee shall be charged for the erection or construction or relocation of any permanent building, tank or other structure hereinabove included and such fee shall be based on the total valuation of the structure when completed.

E. Permit and inspection fees.

1. A fee in an amount established by resolution of the City Council, which may be amended from time-to-time, shall be charged for the drilling or redrilling of any oil well, no part of which shall be refundable.

2. Annual inspection fees. An inspection fee per well, in an amount established by resolution of the City Council from time-to-time, shall be charged for the annual inspection of each existing, suspended, or producing oil well. No additional fee shall be charged for additional inspections which may be required during the year.

(Code 1976, § VI.I-204; Ord. No. 27, § 77.017, 4-17-72)