Long Beach Municipal Code Ch. 12.12 Permits

No person shall drill or redrill any well without first obtaining a permit therefor from the Director. This permit shall be designated as a drilling permit.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.8)

No person shall operate or maintain any well for petroleum operations, whether active or suspended, without obtaining a permit therefor from the Director. This permit shall be designated as a well permit.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.9)

No person shall be issued a drilling permit until it has been approved by the Director and, when the proposed work is situated in the Harbor District, the Board of Harbor Commissioners.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.10)

No permit issued under this Chapter may be assigned or otherwise transferred without first providing written notification to the Director and, in the harbor district, the Board of Harbor Commissioners; and any such assignment or transfer made or attempted to be made without such written notification shall be null and void and is without any force or effect whatsoever.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.11)

Any applicant for a drilling permit shall file with the Director an application in writing on a form furnished for that purpose by the Director. The application shall be accompanied by:

A. A legal description of the oil and gas lease (mining rights) area and the surface operations area within which the applicant proposes to conduct petroleum operations;

B. A plot plan showing the setback areas, surface location of the proposed well, existing and proposed tanks, wells, fences, and other facilities and appurtenant structures, and their relation to any existing hospital, sanitarium, church, rest home, school or dwelling unit or guest room within the distances set forth in this title. The applicant shall not be required to file any plot plan for any well whose surface location is located within an area for which a plot plan has been previously filed unless existing tanks, fences, or other facilities and appurtenant structures are to be relocated or new tanks, fences, or other facilities and appurtenant structures are proposed. A setback shall be provided which will allow all vehicles entering or leaving the drill site to stop or park without extending into the public street or right-of-way;

C. 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 that it is true and correct to the best of his or her knowledge and belief;

D. A certification that the means or method by which liquid spills will be removed from diked areas or catchment basins will conform to the regulations of the D.O.G.G.R.;

E. Prescribed street route to be used by applicant for access to and from drill site for equipment exceeding in size a three-quarter (¾) ton vehicle;

F. Such other information as may be reasonably required by the Director.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.12)

In addition to any conditions that are required by other provisions of this title, the Director shall impose the condition or conditions set out in Sections 12.12.060 through 12.12.080 to any permit required under the provisions of this Chapter in oil operating areas 5, 6, 7A, 7B, 8, 9, 12, 13, 16, 18, 19, 21, 22, 23, and 24, and the violation of any of such condition or conditions which shall relate to any or all of the following shall be grounds for revocation of the permit issued:

A. Pipelines. All off-site pipelines serving the site shall be buried below the surface of the ground.

B. Sanitary Facilities. Sanitary facilities shall be installed at any drill site where personnel are permanently stationed. Portable sanitary facilities shall be provided wherever crews are temporarily employed.

C. Lights. All lights shall be shielded or directed so as to confine direct rays to the drill site.

D. Vibration. Vibration from equipment shall be kept to a minimum level, and in such cases as it is required, vibration-dampening equipment of the best available technology shall be installed so as to reduce vibration to a minimum.

E. Painting of Installations. All surfaces of permanent installations within the site shall be painted a neutral color.

F. Signs.

1. Well and Operator Identification Signs. Each well location shall have posted in a conspicuous place on or near such on-site tank or tanks and on well enclosure fence a clearly visible, legible, permanently affixed and weather-resistant sign with the name of the owner or operator, name and number of the lease, the well name and the telephone number where a responsible person can be reached at any time. Well site or sites enclosed with a perimeter fence shall have posted additional signs at or near the entrance or entrances to the site or sites. Signs shall have letters not less than one and one-half (1-1/2) inches in height and contrasting color with the background. Signs shall be maintainted on the premises from the time materials are delievered for drilling purposes until the well or wells are plugged and abandoned.

2. Prohibited Signs. All other signs that are visible from outside of the site or sites shall be prohibited.

EXCEPTIONS:

a. Such signs as required by this title or by law;

b. Warning signs; or

c. No trespassing signs.

G. Hours of Operation. All site work, operation of any tools or equipment used for the construction, alteration, repair, remodel, drilling, demolition, delivery of equipment or materials attendant to the preparation of a new drill, site maintenance or any other related oil site activities that produce loud or unusual noise which annoys or disturbs a reasonable person of normal sensitivity are permitted only between the days and hours listed below:

EXCEPTION: Except in case of emergency work that is required to avert a disaster at the well site or off-site piping associated to the well operation.

H. Storage of Equipment. All equipment or material related to the drilling or redrilling of any well shall be stored within a fenced area of the drill site. There shall be no storage of material, equipment, machinery or vehicles which is not either intended for the prompt use in connection with the petroleum operations at the drill site or for the convenience of personnel working at the site.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.13 (a))

Editor's note— Formerly codified as § 12.12.070. ORD-16-0027 deleted the former § 12.12.060 entitled "Special conditions—Imposed," which derived from: Ord. C-5575 § 2 (part), 1980; and : prior code § 3300.13 (part).

A. Delivery of Equipment. The delivery or removal of equipment or material from the drill site shall be limited to the hours as indicated in Subsection 12.12.060.G, except in case of emergency.

B. Fencing. Within sixty (60) days of commencement of drilling operations, the drill site and all installations thereon shall erect a fence not less than six feet (6') in height and not comprised of barbwire, unless action has been initiated by the operator to abandon the well(s) according to the procedures established in this title. Fencing required under this Subsection shall otherwise conform to the regulations of the D.O.G.G.R. as set forth in Title 14, Division 2, Chapter 4, Subschapter 2, Article 3, Section 1778, of the California Code of Regulations.

Setbacks for such fencing shall be twenty feet (20') from the street frontage front drill site line, and five feet (5') from the street frontage side drill site line on a corner lot. Such fencing shall be constructed of solid masonry or solid wood walls with solid gates or an alternate material equally as effective in concealing oil operations. Fencing required under this Subsection shall be painted a neutral color compatible with the immediate surrounding area. Such fencing shall be maintained in a neat and orderly condition. Chain-link fence with opaque material inserted between the links does not comply with the requirements of this Subsection.

The foregoing fencing requirement for solid masonry walls, solid wood, or an equally effective alternate does not apply to drill sites where the only requested activity is for redrilling of a well or wells only for the purpose of maintaining the original bore or bores.

C. Landscaping and Irrigation. Within sixty (60) days of commencement of drilling operations all areas outside the drill site fence shall be landscaped and an irrigation system installed to maintain the landscaping, unless action has been initiated by the operator to abandon the well(s) according to the procedures of this title. Such landscaping and irrigation shall be in compliance with a landscape plan on file and approved by the Director prior to issuance of the drilling permit and shall thereafter be maintained in a neat and healthy condition. The minimum landscaping shall consist of one (1) tree of not less than fifteen (15) gallon size for each one hundred (100) square feet of area outside the drill site fence; three (3) shrubs for each tree and suitable groundcover. The foregoing provisions of this Subsection requiring submittal and implementation of a landscaping plan and irrigation system and minimum landscaping requirements do not apply to drill sites where the only requested activity is for redrilling of a well or wells only for the purpose of maintaining the original bore or bores.

D. Off-site Improvements. Concurrently with the filing of the landscape and irrigation plans, all applicants for drilling permits shall file an off-site improvement plan for curbs, gutters, and sidewalks. Said improvements shall be designed according to the specifications of the City Engineer. Such improvements shall be in place within sixty (60) days after the commencement of drilling operations. The provisions of this Subsection do not apply to drill sites where the only requested activity is for redrilling of a well or wells only for the purpose of maintaining the original bore or bores.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.13 (c))

A. Removal of Petroleum. When pipeline connections are available, petroleum produced at the well site may be removed by underground pipeline or pipelines. Petroleum produced at well sites where pipeline connections are not available shall be removed by truck. Such trucking shall be restricted to the Hours of Operations as indicated in Subsection 12.12.060.G.

B. Tanks. The number of tanks shall be kept to a minimum and new tanks shall be installed so that the height of the tank does not exceed sixteen feet (16') above grade.

C. Process Operations. The only process operations permitted at the well site is the dehydration of crude oil and wet gas produced from the well and those process operations required for injection purposes unless otherwise required by the D.O.G.G.R.

D. Flaring or Venting. Gas shall not be vented to the atmosphere, nor burned by open flame, unless prior approval therefor is obtained from the D.O.G.G.R.

E. Well Servicing. Except in case of emergency, well servicing operations shall be restricted to the Hours of Operaitons as indicated in Subsection 12.12.060.G.

F. Fencing. For renewal of well permits for wells existing prior to July 1, 1980, such wells shall be enclosed with a chain-link fence in accordance with Section 12.28.030 or with approved alternate fencing prior to renewal of a well permit. For well permits issued subsequent to July 1, 1980, the chain-link fence shall have opaque material of a neutral color approved by the Director inserted between the chain links. The Director may approve a fence of alternative material more effective in concealing the oil operations provided that it is compatible with the surrounding residential neighborhood. All existing masonry walls or alternate fencing that were constructed as a condition for drill permits shall remain in place. Fencing shall not be less than six feet (6') in height and shall be maintained in a neat and orderly condition.

G. Landscaping. No well permit shall be issued unless landscaping is installed and maintained to screen and buffer the full perimeter of the well site from adjoining nonindustrial zoned properties. Such landscaping shall be in conformance with the landscape plan submitted to the Director. The approved landscape plan shall include sufficient tree and/or shrub plantings to screen and buffer the well site to the satisfaction of the Director. Further, such landscaping and landscape plan shall include suitable groundcover sufficient to prevent erosion and weed growth within the landscaped area, if necessary, given the shape or topography of the site. The landscaping requirements of this Section shall not apply to any site outside of the Coastal Zone which, upon the effective date of this ordinance, is effectively screened by a solid wooden fence or masonry wall and the existing screening prevents the planting and maintenance of the required landscaping.

H. Additional Requirements for Well Sites in the Coastal Zone. In recognition of the fact that the Coastal Zone is a unique asset of the State and in order to preserve and enhance the quality of this asset, the requirements set forth in these regulations for drilling and redrilling operations relating to fencing, landscaping and irrigation, and off-site improvements, Subsections C, D and E of this Section, shall be implemented at all well sites located in nonindustrial zones of the Coastal Zone.

I. Oil Separation and Oil Field Waste Disposal Facilities. All oil separation and oil field waste disposal facilities shall provide the following public improvements and screening, or cease operations, within one (1) year of the effective date of this provision:

1. Install curbs, gutters, sidewalks, street trees and roadway improvements, to the center line of the adjoining roadway, to the satisfaction of the Director of Public Works, as would be required of a new residential subdivision;

2. Install a visually solid fence, not less than six feet six inches (6'-6") in height, including visually solid gates, set back not less than six feet six inches (6'-6") from the public right-of-way; and

3. Install landscaping in the setback area between the screen fence and the public right-of-way, to the satisfaction of the Director, with not less than one (1) twenty-four inch (24") box and seven feet (7') in height tree for each one hundred (100) square feet of setback area, and three (3) shrubs for each tree, and groundcover sufficient to prevent erosion and weed growth. Substitutions of plant materials shall be allowed according to the provisions of Subsection 21.42.040.D.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-7347 § 1, 1995; Ord. C-5990 § 1, 1983; Ord. C-5575 § 2 (part), 1980: prior code § 3300.13(d))

Editor's note— Former § 12.12.080 was entitled "Special conditions—Drill site preparation," which derived from: Ord. C-5575 § 2 (part), 1980; and prior code § 3300.13(b), has been deleted. With the inclusion of ORD-16-0027 all remaining sections of Ch. 12.12 have been renumbered accordingly, as herein set out.

The operator may request a variance to the special conditions contained in Sections 12.12.060 through 12.12.080 and/or acoustical blanket requirements provided in Section 12.32.030, except the requirements for sanitary facilities and the restrictions on process operations and gas flaring or venting. A filing fee as prescribed by City Council resolution for a standards variance shall accompany each application.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.14 (part))

The position of special conditions Hearing Examiner is established to hear and decide requests for variances from the special conditions required in Sections 12.12.060 through 12.12.080. The Hearing Examiner shall be appointed by the Director.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.14(a))

Any request for a variance from the special conditions of this Chapter shall be considered in a public hearing by the Hearing Examiner.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.14(b))

Notice of the public hearing shall be provided by mailing a notice to all owners of property within three hundred feet (300') of the subject drill site and by posting on the site. If less than ten (10) property owners own property within three hundred feet (300') of the subject site, then the radius of notice shall be expanded to include the ten (10) property owners nearest the site. The owner of the properties shall be entitled to receive notice as provided on the latest equalized assessment roll of the County Assessor. The notice(s) to be posted shall be posted within ten feet (10') of any street property line and shall be provided on each street frontage with not less than one (1) notice posted for each three hundred feet (300') of street frontage and equally spaced along the frontage. If no street frontage exists, one notice shall be posted at a conspicuous location on the site. Notices shall be mailed and posted not less than ten (10) days prior to the hearing date. Failure of any property owner to receive or of any member of the public to see the notice shall not invalidate any action taken on a request. Failure to mail notices or failure to post notices shall result in a continuance of the hearing.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.14(c))

The Hearing Examiner may approve, approve with conditions, partially approve, deny or refer any request to the Planning Commission for action without prejudice.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.14(d))

A variance from the special conditions may be granted by the Hearing Examiner, or by the Planning Commission, only if the following findings of fact are made:

A. The variance will not adversely affect the character, livability, or appropriate development of abutting properties or the surrounding area and will not be detrimental to the public welfare;

B. There are unique physical circumstances directly related to the variance request that differentiate the subject drill site from other drill sites in the same area;

C. Strict compliance with the special conditions would create an unreasonable economic hardship or a physically infeasible requirement due to the unique circumstances of the drill site; and

D. The variance will not conflict with the regulations of the D.O.G.G.R. Any action to approve a variance request shall require written findings to be issued prior to the effective date of this variance.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.14(e))

The decision of the Hearing Examiner may be appealed to the Planning Commission pursuant to the following provisions:

A. Time Limit. An appeal must be accompanied by a statement specifying the reasons therefor and must be filed within ten (10) days after the public hearing or within ten (10) days of the issuance of the findings, whichever is later.

B. Right to Appeal. Besides the applicant, any aggrieved person may file an appeal.

C. Filing. An appeal shall be on a form provided by the Department of Development Services and shall be filed with the Department of Development Services within the specified time limit. A fee shall accompany an appeal filed by the variance applicant as established by the City Council.

D. Public Hearing. Upon filing of an appeal, a public hearing shall be held within thirty (30) days from the filing date. Notice of the hearing on appeal shall be sent to interested parties who have contacted the Hearing Examiner and requested notice of the hearing on appeal.

E. Actions. The decision of the Planning Commission shall be final and shall be in writing and mailed to the applicant, the appellant (if other than the applicant), and any other interested parties who have requested such determination.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.14(f))

Any work for which a permit is required, and which is not covered in this Chapter, shall be done pursuant to such permit issued according to the provisions of the Long Beach Municipal Code.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.15)

Each person applying for a drilling permit shall, at the time of filing the applicant therefor, pay to the Director a nonrefundable permit fee, as set forth by City Council resolution, for each well for which such permit is desired.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.16)

Any person who is an operator of any well shall pay a nonrefundable annual well permit fee as set forth by City Council resolution for each well operated and maintained by such person.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.17)

Any well permit issued according to the provisions of this Chapter shall expire one (1) year from date of issuance, or as set forth by City Council resolution, and any and all privileges granted pursuant to such permit shall terminate, unless the permittee has renewed the permit or has pursuant to a drilling permit commenced drilling or redrilling operations within the year following the date of issuance of the permit.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.18)

If any fee required to be paid to the Director in this Chapter is not paid within thirty (30) days from the time it becomes due and payable, the same shall thereupon become delinquent, and a penalty in an amount equal to twenty-five percent (25%) of the fee shall be added thereto for such delinquency, which penalty shall be and become part of such fee and shall be enforced and collected as part of such fee.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.19)

Each and all of the fees required by this Chapter to be paid to the Director shall constitute a lien upon the well and related production equipment for which permits provided for in this Chapter are required, and upon the property on which the well is situated. The lien for any fee for the drilling permit shall attach when the work is commenced in connection with the operation for which the permit is required, and the lien for any fee for the well permit shall attach on the first (1st) day of July of the fiscal year for which the permit is required. Each lien shall have the effect of an execution duly levied against all such property on which the lien exists, and shall remain until the fee is paid or the property sold in payment thereof.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.20)

Each of the persons whose duty it is to obtain, or cause to be obtained, any permit from the Director, as provided in this Chapter, shall be, and is declared and made to be, jointly and severally liable for the payment of the fee required to be paid to the Director for the permit.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.21)

In the event of the nonpayment of any fee required by this Chapter to be paid the Director, the Director shall transmit to the City Attorney a notice of the fee being unpaid, and the City Attorney shall proceed to collect the fee from any such person so liable therefor by appropriate action in a court of competent jurisdiction.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.22)

Upon filing the application for permit, every operator of any well shall designate an agent upon whom all orders and notices provided in this title may be served in person or by registered or certified mail. Every operator so designating such agent shall within thirty (30) days notify the Director in writing of any change of the agent or the 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 upon the operator for all purposes of this title.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.23)

The operator shall notify the Director and, in the Harbor District, the Board of Harbor Commissioners, in writing of the sale, assignment, transfer, conveyance, or exchange by the operator of wells, property, and equipment appurtenant thereto within thirty (30) days after such sale, assignment, transfer, conveyance or exchange. The notice shall contain the following:

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

B. The name and location of the well;

C. The date of sale, assignment, transfer, conveyance or exchange;

D. The date when possession was relinquished by the former operator; and

E. Acknowledgment by new operator of the special conditions imposed by Sections 12.12.060 through 12.12.080.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 2 (part), 1980: prior code § 3300.24)