Chapter 12.36 — ABANDONED AND IDLE WELLS

Upon the final and permanent cessation of all operations on any well, or upon the revocation, neglect, or failure to obtain or to maintain in full force and effect under the provisions of this title, the permit required to be obtained under this title from the Director, the permittee:

A.

Shall abandon the well in accordance with the rules and regulations of the D.O.G.G.R.; and

B.

In accordance with the regulation of the D.O.G.G.R. shall remove from the premises all equipment used in connection with the well that is not necessary for the operation or maintenance of other wells of permittee in the vicinity;

C.

Shall cause all sumps, cellars, and ditches which are not necessary for the operation or maintenance of other wells of permittee in the vicinity to be cleaned out and all oil, oil residue, drilling fluid, and rubbish removed therefrom and the sumps, cellars, and ditches leveled or filled, all in accordance with the D.O.G.G.R. Where such sumps, cellars, and ditches are lined with concrete, permittee shall cause the walls and bottoms to be broken up and removed;

D.

Shall cause the premises to be cleaned and graded and left entirely free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, debris, and other substances, and left in a clean and neat condition, all to the

satisfaction of the D.O.G.G.R.;

E.

Shall cause all streets, sidewalks, and other places constituting public property which may have been disturbed or damaged in connection with any operation, including operations for the abandonment of the well, to be cleaned, and, except for ordinary wear and tear of public streets and highways, 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, whichever may be earlier;

F.

Shall conduct work related to such abandonment during the hours as specified in Subsection 12.12.060.G; and

G.

Notwithstanding the provisions of this Section, permittees who are also the owners of the fee simple interest in the land on which the abandoned well is located may, pursuant to procedures set forth in Sections 12.36.050 and/or 12.48.030, be granted an exemption from the provisions of this Section.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.42)

A well shall be deemed to be an idle well if it has not been utilized for any purpose for a twenty-four (24) month period immediately preceding the date of service of notice as provided in Section 12.36.030; except any well located in a subsidence area as defined under the provisions of the California Public Resources Code or any well that permittee is retaining for use under a secondary or tertiary recovery plan which has been approved by the D.O.G.G.R.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.43)

Whenever a well is an idle well, as defined in Section 12.36.020, the Director may send notice thereof by registered mail to:

A.

The surface owner, mineral owner, and lessee of land on which the well is located as shown on the last equalized assessment roll of the City; and

B.

The permittee of the well.

Within ninety (90) days after the Director has sent notice of an idle well, the Director shall request the D.O.G.G.R. to commence abandonment proceedings.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.44)

The provisions of Section 12.36.010 and/or Section 12.36.020 shall be suspended from the date that an application for exemption is filed with the Director as provided in Section 12.36.050 until a decision on the application is rendered. If no action is taken by the Director within fifteen (15) days from the date of filing the application for exemption, it should be deemed to have been denied on the sixteenth (16th) day after such filing. If the application for exemption is denied, and an appeal is filed with the Planning Commission as provided in Section 12.48.030, the provisions of Section 12.36.010 and/or Section 12.36.020 shall remain suspended until the appeal is granted or denied.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.45)

Within thirty (30) days after notice of an idle well is sent as provided in Section 12.36.030, the owner or owners of the fee simple interest thereof may apply to the Director for an exemption from the provisions of Sections 12.36.010 and/or 12.36.020. Each application shall be in writing, filed in such form and manner as prescribed by the Director, and pay a fee as set forth by City Council resolution. The application shall contain a description of the subject property and a detailed explanation of the request for the exemption. The application shall be accompanied by maps of the subject property as deemed necessary by the Director, the maps to be prepared and verified by a licensed land surveyor or a registered civil engineer, and shall show in detail each structure or improvement that is the subject of the requested exemption and shall depict the size, depth, and lateral location of each structure or improvement with reference to the boundary lines of the property and to any appropriate reference points. Inspections of the subject property shall be conducted under the direction of the Director, including such inspections and reports by other departments of the City as the Director deems necessary. Upon the completion of the inspections and reports, the Director shall determine whether the circumstances justify the granting of an exemption, and, if so, grant to the applicants, subject to any conditions, limitations, and restrictions which the Director shall impose, an exemption to the requirements of Sections 12.36.010 and/or 12.36.020, provided that:

A.

The applicant has shown good cause why there has been no production during the aforesaid preceding period of twenty-four (24) months or otherwise why there has been a cessation of production;

B.

There are practical difficulties or unnecessary hardships resulting from the strict enforcement of this Chapter;

C.

It will not be detrimental to the public welfare or to the owners of the adjacent property; and

D.

It will not interfere with the orderly development of the City as provided under Title 21.

Each exemption shall be in force and effect until those structures or improvements which have been permitted to remain by reason of the exemption affect a project on the subject property for which a building permit is required.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.46)

Notwithstanding any other provision of this Chapter to the contrary, in the case of a well for which a notice of intention to abandon has been given to the D.O.G.G.R. pursuant to Section 3229 of the California Public Resources Code, or any amendment thereto, such wells shall conclusively be deemed to be idle wells.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.47)

Any officer or employee of the City whose specific duties require the inspection of the premises shall have the right and privilege at any time upon notice to enter upon any premises upon or from which any operations being conducted for which any permit has been issued or is required under this title, for the purpose of making any of the inspections in this title, or in any other ordinance of the City, provided to be made, or for any other lawful purpose.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.48)