Montebello Municipal Code Ch. 5.52 Oil and Gas Drilling

The purpose of this chapter is to regulate the drilling, redrilling and servicing of oil and gas wells and related facilities, in order to promote orderly and compatible utilization and development of the existing and potential oil and gas resources of this city.

(Prior code § 6406)

For the purpose of this chapter, the following words, phrases and terms as used hereafter shall be deemed to have the following meanings:

"Abandonment" means the restoration of the drill site as required by these regulations.

"API" means the American Petroleum Institute.

"Approved type" or "approved design" means and includes improvements, equipment or facilities of a type or design approved by the building inspector.

"ASME" means the American Society of Mechanical Engineers.

"Blowout" means the uncontrolled discharge of gas, liquid or solids or a mixture thereof, from a well into the atmosphere.

"Blowout preventer" means a mechanical, hydraulic or pneumatic or other device or 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 blowout.

"Building inspector" means the officer charged with the administration and enforcement of the building code, or his regularly authorized deputy.

"Cellar" means an excavation around or above the top joint of the casing in a well.

"City" means the city of Montebello.

"City coordinator" means the city coordinator of the city, or his authorized agent.

"Code" means the Montebello Municipal Code.

"Completion of drilling": A well is completed, for the purpose of regulations, thirty days after the drilling crew has been released, unless drilling or remedial operations are resumed before the end of the thirty days, in which case completion shall be deemed to occur at the end of such remedial work.

"Derrick" means any framework, tower, or mast together with all parts of an appurtenance to such structure, including any foundations, pumphouse, 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" means the cessation of operations at a drill site without compliance with the provisions of this chapter relating to suspended operations or abandonment.

"Diligence" means 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" means the Division of Oil and Gas of the Department of Conservation of the Resources Agency of the state of California or any other state agency that may in the future be charged with responsibilities now assumed by the division.

"Drill site" means the premises used during the drilling and subsequent life of a well or wells, which is necessary for the safe and reasonable operation thereof.

"Drilling" means 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 connected with the completion of a well. Drilling shall not include shot hole.

"Dwelling" means any building or structure which has for its primary purpose human residence.

"Gas" means the gaseous components or vapors occurring in, or derived from, petroleum or natural gas.

"Maintenance" means and includes the repair and replacement of parts of a structure where same does not alter or lessen the strength or stability of the structure.

"Natural gas plant" or "absorption plant" means a plant for the processing of natural gas from the production wells and processed into its various components.

"Notice" means written notice given by Unites States mail, postage prepaid, addressed to the recipient at his last known address.

"O zone" means an oil production district, established in accordance with Titles 16 and 17 of this code.

"Oil" includes gas and petroleum, and petroleum includes gas and oil.

"Oil and/or gas production" means the exploration for, or extraction of, oil, gas or other petroleum products or byproducts thereof, from the surface or subsurface of the ground.

"Operating unit" means an aggregation of two or more oil or gas production facilities operated together as a single working unit under the jurisdiction of a single operator.

"Operator" means a person, as defined in this code, who is actually in charge and control of the drilling, maintenance, operation or pumping of a well.

"Outer boundary line," where several contiguous parcels of land in the same or different ownerships are operated as an operating unit, 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 deeded to destroy contiguity if the same would otherwise exist.

"Owner" means a person who owns a legal or equitable title or leasehold interest in and to the surface and/or subsurface of the drill site.

"Permit" means a permit issued pursuant to this chapter, allowing for oil and/or gas production on a particular parcel of land.

"Rat hole" means any pipe or sleeve buried in the ground used during drilling operations.

"Redrilling" means the deepening of an existing oil well or otherwise drilling beyond the extremities of the existing well case. The provisions of this chapter relating to drilling shall be equally applicable to redrilling.

"Seismic petroleum prospecting" means 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.

"Shot hole" means the hole drilled in seismic petroleum prospecting.

"Source of ignition" means any flame, arc spark, or heated object or surface capable of igniting flammable liquids, gases or vapors.

"Storage tanks" means tanks used only for the storage of petroleum products produced on the site and only for its temporary storage prior to removal from the site.

"Street" means a public or private vehicular right-of-way which affords a means of access to properties abutting the same.

"Structure" means anything constructed or erected, which requires location on the ground or is attached to something having a fixed location on the ground.

"Suspend operations" means the approved temporary suspension of drilling or redrilling operations pending a resumption of the operation or abandonment.

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

"Well servicing" means remedial or maintenance work performed within any existing well which does not involve drilling or redrilling.

(Prior code § 6406.1)

A. Oil Permit. No person, without first obtaining a permit in the manner hereinafter prescribed, shall engage in any of the following activities:

1. Drilling or redrilling of oil wells in connection with the exploration for, or the production of, petroleum or allied products, including secondary recovery; or

2. Erection, construction, enlargement, alteration, repair, movement, improvement, removal, conversion, or demolition of any structure utilized in connection with an oil well.

B. Excavation Permit. A permit from the city engineer shall be obtained for all excavating and grading work as required by Chapter 15.48 of this code.

C. Exception. No permit shall be required for well servicing or maintenance, nor for construction of any other structure for which a building permit is not required by this code.

(Prior code § 6406.2)

An applicant shall file, with the building inspector, an application in writing for a permit to allow the construction and operation of oil or gas production facilities on a form furnished for that purpose by the building inspector. The applicant shall include the following information:

A. A complete legal description of the property;

B. A fully informative plot plan showing, among other things, the location of the well and appurtenant structures, and the relative location of the drill site to existing buildings or structures within a distance from the outer boundaries of the site as designated by the building inspector;

C. Plans and engineering specifications of structures, drilling derricks, drilling masts, tanks, and high-pressure systems regulated by this chapter;

D. Corporate surety bonds in amounts hereinunder set forth;

E. A verified statement signed by the applicant certifying that he is owner of the site, or his agent, and is duly authorized by the owner to make and file the application, and that he has read the application and the same is true and correct;

F. An acknowledged statement in writing by the owner of the drill site and by the owner of any private land over which access is to be 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, as hereinafter provided;

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

H. Such other information as may be required by the building inspector;

I. A filing and processing fee, in the amount specified in Section 5.51.170, shall be paid contemporaneously with the filing of the application.

(Prior code § 6406.3 (part))

The following procedures shall be observed in connection with issuance, denial or revocation of permits for the activities described in Section 5.52.030.

(Prior code § 6406.4 (part))

A. An application for a permit which relates to any property located in an O zone, shall be referred to the city manager, who shall issue the permit as requested if he finds that the operation as proposed:

1. Will conform to the provisions of this chapter, and all other applicable laws; and

2. Will not constitute a nuisance, nor interfere with the reasonable use and enjoyment of properties located in the immediate vicinity of the lot upon which the drill site will be located; and

3. Will not have an adverse effect upon the public peace, welfare or interest.

B. If the city manager determines that any one of the foregoing requirements is not met, he shall deny the application and refuse to issue such permit.

C. Notice of such denial shall be given to the applicant within five days after such decision. The determination of the city manager shall be final in the absence of an appeal, as hereinafter provided. The applicant shall have the right to appeal such decision to the city council within thirty days after mailing of the notice of denial. The action taken upon such an appeal shall be in accordance with the provisions of Section 5.52.110.

(Prior code § 6406.4 (1))

A. Where a permit application relates to property not included in an O zone, the city manager shall give notice, as hereinafter specified, if he finds that the operation as proposed:

1. Will conform to the provisions of this chapter, and all other applicable laws;

2. Will not constitute a nuisance, nor interfere with the reasonable use and enjoyment of properties located in the immediate vicinity of the lot upon which the drill site is to be located; and

3. Will not have an adverse effect upon the public peace, welfare or interest.

B. If he finds such conditions are met, the city manager will give written notice of intent to issue such permit to all persons owning property located within five hundred feet of the outer boundaries of the drill site. Such notice shall state that unless the city manager receives within fifteen days after the mailing of such notices, a written objection from an owner of property located within such area, the permit as required will be issued.

C. If, within the time set forth, one or more written objections are received, or, if the city manager finds that any one of the foregoing requirements is not met, he shall deny the application and refuse to issue the permit.

D. Notice of such decision shall be given as prescribed in Section 5.52.060. The determination of the city manager shall be final in the absence of an appeal to the city council in the manner described in Section 5.52.060.

(Prior code § 6406.4 (2))

Where the city manager determines that conditions of approval on any permit referred to in Sections 5.52.060 and 5.52.070 are necessary to insure compliance with the purpose and intent of this code, he shall have the authority to impose such conditions. His determination relating to such conditions shall be final in the absence of an appeal to the council as hereinafter provided.

(Prior code § 6406.4 (3))

Any permit may be modified after issuance where such is necessary to conform with the provisions hereof.

(Prior code § 6406.3 (part))

A. Whenever the building inspector finds that the operation under a permit:

1. Violates any provision of this code, or any other law; or

2. Constitutes a nuisance to, or is an unreasonable interference with the use and enjoyment of, properties located in the vicinity of the lot on which the drill site is located; or

3. Has an adverse effect upon the public peace, welfare or interest, he shall revoke such permit; provided, that the building inspector shall first give written notice of such violation to the owner/or operator of the well. If such violation is not corrected within ten days after the mailing of such notice, the building inspector shall revoke such permit; provided, that if the violation constitutes a hazard to life or property, the building inspector may cause the operator of the well to cease forthwith. Written notice of such revocation shall be given to the owner and/or operator. The permit shall be deemed revoked, and all operations thereunder shall cease within forty-eight hours after mailing of such notice. Such determination shall be final in the absence of an appeal as hereinafter described.

B. The owner and/or operator shall have the right to appeal the building inspector's decision to the city council; such an appeal shall be in writing, and be filed with the city clerk within thirty days from the date of mailing of the notice of revocation.

(Prior code § 6406.4 (4))

The following procedures shall govern all appeals with reference to decisions made, or actions taken, with regard to the provisions of this chapter.

A. Permit Denials.

1. Appeal hearings with reference to permit denials shall be held in the manner hereinafter described, by the city council, and the council shall determine whether the operation as proposed:

a. Conforms to the provisions of this chapter and all of the applicable laws; and

b. Will constitute a nuisance or otherwise unreasonably interfere with the use and enjoyment of properties located in the immediate vicinity of the lot upon which the drill site is located; and

c. Will have an adverse affect upon the public peace, welfare or interest.

2. If the council determines that any one of the foregoing requirements is not met, it shall deny the application and refuse to issue the permit.

B. Appeals From Conditions of Permit Approval. Where an appeal has been taken from a decision imposing a condition of approval upon a permit, the city council shall determine whether such condition, or conditions, are necessary to carry out the purpose and intent of this chapter and of the zoning regulations applicable to the property involved.

C. Appeals From Other Determinations. Any applicant aggrieved by any action taken, or decision rendered, with respect to the provisions of this chapter, shall have the right of appeal from such action or decision to the city council. The city council, upon hearing such appeal, shall determine whether such action taken or decision rendered was in accordance with the purpose and intent of this chapter, and any other applicable law, and is consistent with the conservation of the public peace, welfare and interest.

D. Appeal Procedure. Appeals to the city council shall be perfected and processed as follows:

1. Within thirty days after the giving of notice of the action taken, or the decision rendered, any applicant aggrieved by the same, may file a written letter of appeal with the city clerk. Such written appeal shall briefly state the action or decision from, and the basis for such appeal.

2. Upon receipt of such appeal, the city clerk shall place the matter upon the next most convenient city council agenda for hearing by that body. The city clerk shall, in addition, give at least five days' written notice to the appealing party, and to any other person who has, in writing, requested such notice, of the time and place for such hearing.

3. At the time set for such hearing the city council shall give the appealing party a reasonable opportunity to be heard in connection therewith, and shall hear and consider any relevant oral and/or written evidence pertaining to such matter, including, but not limited to, staff reports submitted in connection therewith.

4. The burden of proof shall be upon the appealing party to show that the action taken, or the decision rendered, was arbitrary, capricious or not within the scope of the authority granted by this code.

5. The action of the council, at the conclusion of the hearing, shall be to sustain, overrule or modify, in whole or in part, the action taken or the decision rendered. The determination of the city council shall be final and conclusive.

(Prior code § 6406.5)

A fee for each permit shall be paid to the city, at the time of filing the application therefor, as set forth in Section 5.52.170.

(Prior code § 6406.6 (1) (part))

Where drilling, redrilling construction, or other work for which a permit is required by this chapter is started prior to obtaining the permit, the fees hereunder specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter or the execution of the work, nor from any other penalties prescribed herein.

(Prior code § 6406.6 (1) (part))

A plan checking fee shall not be charged for the derrick or its appurtenances. A plan checking fee shall be charged for all other permanent buildings, production tanks, washing tanks, skim ponds and such other structures. A plan checking fee shall be charged for oil well cellars designed to accommodate more than one oil well. The plan checking fee shall be equal to one-half of the building permit fee as set forth in Section 5.52.170.

(Prior code § 6406.6 (2))

The building inspector shall inspect annually and at such other times as he deems necessary, each producing oil well and suspended oil well regulated by this chapter for the purpose of ascertaining whether the well is being operated or maintained in conformity with the minimum standards of this chapter. To meet the expense of such inspection, the operator shall pay to the city an annual inspection fee for each fiscal year as specified in Section 5.52.170. The fees shall be based upon the total number of wells existing (whether producing or not) on July 1 of each calendar year. Such fees shall be due prior to July 10 of the fiscal year to which they pertain. No additional fee shall be charged for additional inspections which may be required during the year. The building inspector shall keep a permanent, accurate account of all inspection fees collected and received under this chapter, 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 building inspector's annual inspection findings shall be furnished the operator when requested.

(Prior code § 6406.6 (3))

A fee shall be charged for the erection or construction or relocation of any permanent building, tank or other structure hereinabove included as required by Title 15 of this code; provided no building permit fee shall be charged for the derrick or its appurtenances.

(Prior code § 6406.6 (4))

A. Permit Fees.

1. The sum of five hundred dollars shall be charged for a permit for the drilling of an oil well to be located on any property not included in an O zone. Such fee shall be two hundred dollars for a well to be located on property located in an O zone. No part of such fee shall be refundable.

2. The sum of fifty dollars shall be charged for a permit for the redrilling of any oil well, no part of which shall be refundable.

B. Annual Inspection Fee. The sum of one hundred dollars per well shall be charged for the annual inspection of each existing, suspended or producing oil well.

(Prior code § 6406.6 (5))

A permit issued hereunder shall expire unless exercised within sixty days from and after the date of issuance thereof, and thereafter the work shall be diligently and progressively prosecuted to completion. If a permit expires, a new application and fees shall be required.

(Prior code § 6406.6 (6))

A bond in the form required by this chapter shall be filed for each existing well within thirty days following the effective date of this chapter.

(Prior code § 6406.7 (1))

A bond in the form required by this chapter shall accompany every application for a drilling permit, for which the bond is not on file.

(Prior code § 6406.7 (2))

Bonds shall be on a form approved by the city attorney and shall be filed with the building inspector.

(Prior code § 6406.7 (3))

Corporate surety bonds in the penal sum of five thousand dollars shall be required for compliance with Sections 5.52.190 and 5.52.200. Such bonds shall be executed by the operator as principal and by an authorized corporate surety as surety, and shall be conditioned so as to guarantee that the principal named in the bond shall faithfully comply with all the provisions of this code, including, but not limited to, any condition imposed upon the issuance of the permit, in operating facilities as required by this chapter, until the same are abandoned in conformity with the provisions hereof. The surety shall also, as part of such bond, guarantee to repay city for all costs, charges and expenses incurred by it by reason of the failure of the principal to fully comply with such provisions. 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.

(Prior code § 6406.7 (3) (a))

Any person may, in lieu of filing a single bond for each well, as herein required, file a bond in the amount of twenty-five thousand dollars to cover all of his said operations conducted within the city conditioned as set forth in Section 5.32.220. A rider to the bond shall be filed with the building inspector showing the correct name or number of each well covered by the bond, and such other information as may be necessary to readily identify the same.

(Prior code § 6406.7 (3) (b))

A. Whenever the building inspector finds that a default has occurred in the performance of any requirement or condition imposed by this code, he shall give written notice thereof to the owner and operator of his surety.

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

C. After receipt of such notice, the principal and/or surety shall, within the time therein specified, either cause such work to be performed, or failing therein, shall pay over to the city the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty-five percent of the estimated cost. Upon receipt of such moneys, the building inspector shall, by such mode as he deems convenient, cause the required work to be performed and completed. In the event that the well has not been properly abandoned as herein provided, such additional moneys may be demanded from the surety as is necessary to restore and the drill site in conformity with the provisions of this chapter.

(Prior code § 6406.7 (4))

Any bond issued in compliance with these regulations shall be terminated and canceled and the surety be relieved of all obligations thereunder when the well has been properly abandoned in conformity with all regulations of this chapter and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the building inspector.

(Prior code § 6406.7 (5))

A substitute bond may be filed in lieu of any bond on file hereunder and the building inspector 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 building inspector finds that all of the conditions of the last mentioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned.

(Prior code § 6406.7 (6))

A. No well shall be located within a planned future street right-of-way shown on the adopted master plan of streets and highways within twenty-five feet of the outer limits of such planned right-of-way.

B. Except as hereinafter provided, no well shall be located within one hundred feet of any building used for human occupancy; nor shall any owner or operator erect any such building within one hundred feet of any well not abandoned, except buildings incidental to the operation of the well. No well shall be drilled within one hundred feet from the outer boundary line of the site or operating unit.

C. Except as hereinafter provided, no well shall be drilled within three hundred feet of any building used as a place of public assemblage, institution or school. Nor shall any such building be erected on the same site, within three hundred feet of any well, which is not abandoned.

D. 1.

Where special circumstances warrant, modification of the distance set forth by subsection (B) and (C) of this section may be authorized by the building inspector, if such distances are rendered unnecessary or unreasonable by the then existing special features, such as topography, nature of the use and occupancy, buildings and roadways. The building inspector may impose, as conditions, additional safety requirements if necessary because of such special features or because of any modification granted pursuant to this subsection.

2. All modifications authorized hereunder shall be subject to the following criteria:

a. That the drilling and operation of the wells will be safe;

b. That such authorization will not result in any condition that might constitute a nuisance or interference with a reasonable use and enjoyment of properties located within the immediate vicinity of the well and will not otherwise cause an adverse effect upon the public peace, welfare or interest;

c. That the drilling site shall in all cases be equivalent, in area, to the minimum area of two residential lots, placed side by side, in the zone in which the drill site is located, or multiples of such minimum lot sizes if more than two;

d. In all cases, the minimum distance from the center of the well to each exterior boundary of the site shall be not less than the required minimum lot width of residential lots in the zone within which the site is located.

E. All distances herein shall be measured from the center of the well.

F. All existing wells are exempted form the requirements of subsections B and C of this section.

G. All nonconforming situations hereafter created by the subdivision or development of oil production properties designated in the O zone, may be modified as provided for in subsection D of this section.

(Prior code § 6406.8 (1))

Prior to commencement of any drilling operations, all private roads used for access to the drill site, and the drill site itself, shall be surfaced by clean crushed rock, gravel or decomposed granite, or oiled so as to prevent dust or mud. Such surfacing shall be continuously maintained until such well is abandoned.

(Prior code § 6406.8 (2))

All derricks and masts hereafter erected for drilling or redrilling shall be at least equivalent to the American Petroleum Institute 4A, Fourteenth Edition and 4D, Third Edition.

(Prior code § 6406.8 (3))

A sign having a surface area of not less than two square feet and no more than four square feet bearing the current name and number of the well and the name and/or insignia of the operator shall be displayed at all times from the commencement of drilling operations until the well is abandoned. In the event there are more than two producing wells on one site, it shall be sufficient if the entrances there thereto are posted with a sign not less than eighteen inches by twenty-four inches bearing the name of the operator together with the name or designation of the well, together with an openly visible sign on each producing well designating the particular number thereof.

(Prior code § 6406.8 (4))

A. Drilling and Redrilling Operations. Protection shall be provided to prevent the blowout of an oil well during drilling and redrilling operations, and shall conform to the requirements of the state petroleum safety orders (Drilling and Production, Section 6692 of the Administrative Code of California).

B. Wells Other Than Drilling Wells.

1. Protection shall be provided to prevent the blowout of an oil well, conforming to the requirements of the state safety orders (Drilling and Production, Section 6691 of the Administrative Code of California in the following cases:

a. During perforating, shooting or cutting off a string of casing;

b. During well servicing operations on a well that is known to have sufficient gas pressure to cause the well to flow, or where the gas pressure is unknown.

2. The operator shall notify the building inspector in writing, at least one day before any of the operations described in this subsection are commenced. In the event that the day following the day on which notice is given falls on a Saturday, Sunday or holiday, then such additional days notice must be given as may be required so that there shall be one day, Saturday, Sunday and holidays excepted, between the date notice is given and any of the operations commenced.

C. Waiver of Requirements. The blowout preventive requirements of subsections A and B of this section may be waived by the building inspector upon such conditions, and for such operations as he may determine will not endanger the public safety. Such waiver shall be by written application to the building inspector by the operator, which shall show sufficient cause therefor, based upon the depth of the hole, probable gas pressures to be encountered, the proposed drilling, completion or abandonment program and whatever further information the building inspector may require.

(Prior code § 6406.8 (5), (6) and (7))

Rotary mud, drill cuttings, oil or liquid hydrocarbons and all other oil field waste derived or resulting from, or connected with the drilling of any well shall be discharged into a sump hole or steel tank. Such drill cuttings, rotary mud, and drilling waste materials shall be removed from the drill site upon completion of drilling operations. Tanks used as and for sump purposes shall be removed from the drill site and sump holes shall be drained and backfilled within thirty days from and after completion of drilling.

(Prior code § 6406.8 (8))

All sumps or sump holes and oil well production equipment having external, moving parts which the building inspector determines may be hazardous to life or limb, shall be attended twenty-four hours per day by a qualified person, or the hazardous facility shall be enclosed by a chain link type fence, not less than six feet in height, having not less than three stands of barbed wire sloping outward at approximately a forty-five degree angle, for a distance of not less than eighteen inches from the top of the fence. There shall be no aperture below such fence greater than four inches. The building inspector may permit the fencing of an entire operating unit in lieu of the individual fencing requirements of this subsection; provided, that any open sump or skim pond shall be individually fenced. Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended.

(Prior code § 6406.8 (9))

The following regulations shall apply to cellars:

A. Every cellar shall be constructed in accordance with the provisions of Title 15 of this code.

B. Such cellars shall be kept free from water, oil, drilling, fluids, or other substances which might constitute a hazard, except during drilling and servicing operations.

C. The depth of such cellars shall be vertical measurement between the lowest point of the floor area in the bottom of such cellar and the lowest point of ground or any surface adjacent to the top of the cellar wall.

D. All multiwell cellars exceeding three feet in depth and twenty-five feet in length shall have two separate means of entrance or exit. If the cellar exceeds fifty feet in length, one of the means of entrance or exit shall be a stairway. If the cellar exceeds two hundred feet in length, a third means of entrance or exit shall be provided.

E. Multiwell cellars shall have a steel grate covering with no unobstructed openings in excess of three inches. Materials, equipment, or other appurtenances shall not be stored or placed on the grating so as to interfere with the escape of gases and vapors.

(Prior code § 6406.8 (10))

All drilling equipment and the derrick shall be removed from the site within sixty days following the completion or abandonment of any well. Once the well is a producing well, it shall be serviced thereafter only with a portable derrick. Drilling operations shall be diligently prosecuted until the well is completed or abandoned.

(Prior code § 6406.8 (11))

A. When Required. Soundproofing shall be required for all drilling or other operations either when the building inspector finds the same necessary to avoid injury to the use and enjoyment of surrounding or adjacent properties, or as may be required by Section 17.56.160.

B. Material. Soundproofing when required shall comply with the following specifications: Soundproofing acoustical blankets for the drilling derrick and accessory structures shall be: Fibrous glass insulation one and one-half inches thick, 0.50 pounds per cubic foot, density, .063 pounds per square foot, weight, .00010 to .00015 fiber diameter (inches) with a phenolic binder having a temperature limit of four hundred fifty degrees Fahrenheit sewed between layers of fire-retardant, vinyl fiber glass cloth, fifteen to seventeen ounces per square yard sewed with dacron thread D-92 with stitches not more than six to the inch. The lacing cord shall be flat vinyl coated tape composed of fibrous glass yard braided, heat set and bonded. The tape shall have a ninety-pound tensile strength. Grommets shall be number four brass. All doors and similar openings shall be kept closed during drilling operations, except for ingress and egress.

(Prior code § 6406.8 (12) and (13))

A. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any such alternate has been approved.

B. The building inspector may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the intent of this chapter and that the material or method offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability and safety.

C. The building inspector shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Whenever there is insufficient evidence of compliance with the intent of this chapter or evidence that any material or any method of construction does not conform to the requirements of this chapter or in order to substantiate claims for alternate materials or methods of construction, the building inspector may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency.

D. Test methods shall be as specified by this chapter, for the material in question. If there are no appropriate test methods specified in this chapter, the building inspector shall determine the test procedure.

E. Copies of the results of all such tests shall be retained for a period of not less than two years after the acceptance of the materials or methods.

(Prior code § 6406.8 (14))

It shall be the responsibility of the building inspector in cases of abandonment, to determine that the drill site and all appurtenances thereto, have been restored to their original condition as nearly as practicable, in conformity with the regulations of this chapter. The following requirements shall be observed in abandonment proceedings:

A. It shall be the responsibility of the operator to comply with the abandonment provisions of this chapter. He shall furnish the building inspector with (1) a copy of approval of Division of Oil and Gas confirming compliance with all abandonment proceedings under state law, and (2) 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.

B. Abandonment shall be approved by the building inspector after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements:

1. The derrick and all appurtenances shall be removed form 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 except a multiwell cellar which is still being used in connection with another well for which a permit has been issued.

4. The oil well casings hall be cut off at a point six feet below the drill site grade at the cellar. Nothing shall be placed in the hole above the point of the cut-off until the cut-off has been inspected by the building inspector and by him found to be in compliance with all applicable provisions of law.

5. The top twenty-five 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 and the same diameter of the well casing shall be welded throughout its entire circumference to such casing.

7. In all other holes, such as rat holes, etc., the pipe shall be pulled and hole filled, or if pulling is not practical in the opinion of the building inspector, it shall be capped, as set forth in subdivision 6 of this section.

8. The space between the surface casing and the water string which is not removed from the well, in addition to being plugged, shall be filled with concrete.

9. Concrete plugs shall be composed of one part cement, to not more than two and one-half parts of sand and not more than three and one-half parts of gravel or crushed rock, or an equivalent approved by the building inspector.

10. All holes and depressions shall be filled and compacted (ninety percent compaction) with native earth. Two or more compaction tests on the compacted fill shall be taken by a soils engineer certifying to the degree of compaction. Copies of the reports of these tests shall be filed with the building inspector. All oil, waste oil, rotary mud, refuse or waste material shall be removed from the drill site.

(Prior code § 6406.9 (part) and (1))

A well may be converted to a domestic or agricultural water well upon the approval of the building inspector; provided:

a. That a request in writing therefor is made by the owner to the building inspector; and

b. That an original or certified copy of the approved conversion permit from the Division of Oil and Gas has been furnished the building inspector; and,

c. That all the provisions of abandonment in Section 5.52.380 have been complied with, except that those appurtenances necessary for the operation of a water well may be retained.

(Prior code § 6406.9 (2))

None of the work described in this section shall be commenced until specifically so authorized by the building inspector. All of the work shall be subject to inspection by the building inspector at the stages of work, as hereinafter designated. All inspections required, as hereinafter provided, shall be requested in writing and delivered to the building inspector. Any work completed prior to inspection and approval by the building inspector will be subject to reexposure, for inspection, at the operator's expense.

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 hall be of such size so as to provide for 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 distances from streets, outer boundaries, public buildings and dwellings. When the foregoing work has taken place, the operator shall call for the first inspection.

B. Commencement of Drilling. The building inspector 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 building inspector.

C. Release of Drilling Crew—Completion of Drilling. When the drilling crew has been released, the building inspector shall be notified immediately in writing for the third inspection.

D. Abandonment. Subsequent to the approval by the building inspector of an abandonment notice, all work required by Section 5.52.380 shall be subject to inspection at the stages designated by the building inspector.

(Prior code § 6406.10)

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 chapter may be served. Every operator so designating such agent shall within ten days notify the building inspector in writing, of any change in designation of such agent or such mailing address. Service upon such agent so designated shall constitute service for all purposes of this chapter.

(Prior code § 6406.11 (1))

A. Each operator shall notify the building inspector in writing of the sale, assignment, transfer, conveyance, or exchange by the operator of wells, property and equipment within ten days after such sale, assignment, transfer, conveyance or exchange. The notice shall contain the following information:

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 the 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.

B. Every person who acquires any well, property or equipment, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall within ten days after acquiring such well, property or equipment notify the building inspector, in writing, of his acceptance of ownership. The notice shall contain the following:

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

2. The name and location of the well;

3. The date of acquisition;

4. The date possession was acquired;

5. A description of the properties and equipment transferred;

6. The person designated for service of notice and his address.

(Prior code § 6406.11 (2))

The operator of any well shall notify the building inspector, in writing, of any temporary suspension of operations, pending a resumption of operations or abandonment. The building inspector, for good cause, may approve temporary suspension of operations. Such notice shall be filed with the building inspector within thirty days from and after release of drilling crew. Failure of the building inspector to act within ten days shall constitute approval thereof. The operator shall notify the building inspector, in writing, upon resumption of operations, giving the date thereof.

(Prior code § 6406.11 (3))

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

(Prior code § 6406.11 (4))

A. Storage Capacity. Maximum tank capacity for each producing oil well: if oil or other liquid storage facilities are established incidental to a producing well on a drill site, such storage facilities shall not exceed a total of two thousand barrels per well.

B. Design and Construction of Tanks. All tanks shall be constructed in conformity with the provisions of Title 15 of this code.

C. Foundations and Supports. Tanks shall rest directly on the ground or on foundations, supports, or pilings of concrete, masonry, steel, crushed rock or wood. Exposed piling or steel supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two hours. Stairs, platforms and walkways which extend more than three feet above the surrounding ground level shall be of incombustible construction.

D. Spacing Between Tanks.

1. No tank for storage of any flammable liquid shall be located closer than three feet to any other such tank.

2. For tanks above fifty thousand gallons individual capacity for storage of any flammable liquid, except crude petroleum, the distance between such tanks shall not be less than one-half the diameter of the smaller tank.

3. Tanks for storage of crude petroleum having a capacity not exceeding one hundred twenty-six thousand gallons (three thousand barrels) shall not be less than three feet apart. Tanks having a capacity in excess of one hundred twenty-six thousand gallons (three thousand barrels) shall not be less than the diameter of the smaller tank apart.

4. The minimum separation between liquified petroleum gas containers and any other tanks for storage of any flammable liquids shall be twenty feet. Suitable means shall be taken to prevent the accumulation of flammable liquids under adjacent liquified petroleum gas containers such as by diking, diversion curbs or grading. When flammable liquid storage tanks are diked, the liquified petroleum gas containers shall be outside the diked area and at least ten feet away from the centerline of the dikes. The foregoing provision shall not apply when liquified petroleum gas containers of one hundred twenty-five gallons or less capacity are installed adjacent to class III flammable liquid storage tanks of two hundred seventy-five gallons or less capacity.

E. Location of Tanks. The minimum distance between any outside aboveground tank to the nearest building or line of adjoining property which may be built upon shall be as follows:

1. Flammable liquids other than those having boilover characteristics similar to crude petroleum:

2. Crude petroleum and other liquids having boilover characteristics similar to crude petroleum and flammable liquid tanks with capacity in excess of fifty thousand gallons: See Exhibit 5.52.450(E)(2).

Exhibit 5.52.450 (E) (2)

STORAGE FACILITIES

Crude Petroleum Tanks With Capacities in Excess of Fifty Thousand Gallons

Tanks with capacities in excess of fifty thousand gallons and all tanks for the storage of crude petroleum shall be located in accordance with the following provisions (applicable to gastight tanks including conservation-type tanks constructed in compliance with these or equivalent standards):

F. Group A Tanks. Any gastight or conservation-type tank constructed in compliance with these or equivalent standards and equipped either with: (1) an approved permanently attached extinguishing system; or (2) an approved floating roof, which is to be used only for the storage of refined petroleum products or the flammable liquids not subject to boilover, shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than the greatest dimension of diameter or height of the tank, except that such distance need not exceed one hundred twenty feet.

G. Group B Tanks. Any gastight or conservation-type tank constructed in compliance with these or equivalent standards but not equipped either with (1) an approved permanently attached extinguishing system; or (2) an approved floating roof, which is to be used only for storage of refined petroleum products or other flammable liquids not subject to boilover, shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than one and one-half times the greatest dimension of diameter or height of the tank, except that such distance need not exceed one hundred seventy-five feet.

H. Group C Tanks. Any gastight or conservation-type tank constructed in compliance with these or equivalent standards and equipped either with (1) an approved permanently attached extinguishing system; or (2) an approved floating roof, which is to be used for the storage of crude petroleum, shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than twice the greatest dimension of diameter or height of the tank except that such distance shall be not less than twenty feet and need not exceed one hundred seventy-five feet.

I. Group D Tanks. Any gastight or conservation-type tank constructed in compliance with these or equivalent standards not equipped either with (1) an approved permanently extinguishing system; or (2) an approved floating type roof, which is to be used for the storage of crude petroleum, shall be so located that the distance form the line of adjoining property which may be built upon shall not be less than three times the greatest dimension of diameter or height of the tank except that such distance shall be not less than twenty feet and need not exceed three hundred fifty feet.

J. Approved Attached Extinguishing System. The term "approved attached extinguishing system," as used in the foregoing description in subsection F through I of this section, may be interpreted to apply to:

1. A fixed foam or other recognized extinguishing system embodying a supply of the extinguishing medium; or

2. A system employing a pipeline for conveying foam from a point outside the dike to the tank; or

3. Portable overshot devices for applying foam over the rim of the tank. Where reliance is placed on a pipeline for conveying foam, the pipe shall be so installed and attached as to be an integral part of the tank. Where reliance is placed on a portable overshot device, the practicability of its use shall be demonstrated before approval. Approved foam-generating equipment of sufficient capacity should be available on the property, by response of a municipal or other public fire department, or otherwise readily available; and there should be on hand or otherwise readily available a sufficient supply of foam-producing materials as specified in HBFU Standards for Foam Extinguishing System No. 11.

K. Buildings Essential to the Operation of the Storage Facilities (Building Location). No building used for human occupancy, except buildings essential to the operation of the storage facilities shall be erected within the distances set out in the preceding tables, from such storage tank.

L. Height of Tanks. No storage tank or other tank shall exceed a maximum height of twenty-four feet zero inches measured from the average ground level of the base of the tank to the uppermost part of the tank.

M. Diverse Ownership. Where tank locations of diverse ownership have a common boundary, the building inspector may, with the written consent of the owners, waive the required distances from the common property line and substitute the space between tanks as provided in this section.

N. Dikes, Diversion Walls and Catchment Basins.

1. Requirement. Tanks used for the storage of crude petroleum and other flammable liquids having similar boilover characteristics shall be diked, or provided with approved diversion walls and catchment basins, or combinations thereof.

2. Location. No catchment basin or diked impounding area shall be located closer to the outer boundary line, or to any building designed for human occupancy than the diameter or height (whichever is greater) of the largest tank served by each basin or area, nor shall any building designed for human occupancy be erected or placed closer than such distance to any catchment basin or diked impounding area.

3. Capacity. The net capacity of a catchment basin, diked impounding basin, or combination thereof, shall be equal to the capacity of the largest tank, plus ten percent of the aggregate capacity of all other tanks served. In computing the required capacity of a catchment basin, diked impounding basin or combination thereof:

a. The volume of the largest tank up to the height of the dike shall be considered as part of the available capacity of a diked impounding basin.

b. No part of the volume of tanks other than the largest tank shall be considered as part of the available capacity.

c. The capacity of a separate catchment basin may be used to reduce the required capacity of a diked impounding basin provided drainage sufficient to prevent overflow of the dike and effective control of flow are provided.

d. The capacity of a single separate catchment basin may be applied to reduce the required capacity of each of the dike impounding basins draining into it.

4. Construction. Dikes shall be of earth, concrete or solid masonry designed to be liquidtight and shall be maintained as specified in this section. Where piping passes through dikes, provision shall be made for movement without damage to the dike and to minimize leaks under emergency conditions. Earthen dikes shall be built and maintained at a minimum height of two feet, having sloping sides consistent with the angle of repose of the material used, and be not less than two feet wide at the top. The distance between the inside toe of any dike and the shell of the tank shall be not less than five feet for tanks and not more than thirty feet in diameter and ten feet for tanks in excess of thirty feet in diameter.

a. Spill Dikes. Where tanks within a common diked impounding basin may cause mutual exposure from spills, spill dikes shall be provided between tanks of ten thousand barrels or greater individual capacity. Groups of tanks of less than ten thousand barrels individual capacity and not in excess of fifteen thousand barrels aggregate capacity may be enclosed with a single spill dike. The height of such spill dike shall not exceed fifty percent of the height of the main or perimeter dikes.

b. Drainage. Drainage shall be provided at a consistent slope of not less than one percent away from tanks and fittings, to a sump, drain box or other safe means of disposal located within the diked impounding area and at the greatest possible distance from the shell of the tank. Traps with not less than six inches of liquid seal shall be provided between the sumps, drain boxes or sewer openings within any impounding area and the sewer or drains intended for disposal of spills. A valve, operable from outside the dike, shall be provided in the dike drain system and shall normally be kept closed.

c. Disposal. Approved provisions shall be made for disposing of water and of oil retained by dikes, impounding or catchment basins.

O. Suspension of Requirements. In particular installations, some or all of the requirements of subsection D through N of this section, governing storage facilities, may be suspended in whole or in part; or less restrictive requirements may be imposed by order of the building inspector, where such requirements are rendered unnecessary or unreasonable by reason of the then existing special features such as: topography, nature of occupancy and proximity to buildings on adjoining property, the height or character of construction of such buildings, capacity and construction of the proposed tanks and the character of liquids to be stored, the degree of private fire protection to be provided and the facilities of the fire department to cope with flammable liquid fires.

P. Skim Ponds and Sumps. No open, accessible, surface or subsurface installation used for disposal, separation, treatment or storage of liquids shall be permitted.

Q. Loading by Truck From Production Tank Sites.

1. Location. Tank vehicle loading racks, loading platforms or moveable loading spouts or arms dispensing flammable liquids shall be separated from tanks, warehouses, other buildings, public streets and nearest line of property that may be built upon a clear distance of not less than twenty-five feet measured from the nearest position of any fill stem. Buildings for pumps or for shelter of loading personnel may be part of the loading rack or platform. No person shall load or unload, or permit the loading or unloading of a tank vehicle unless such vehicle is located outside of any public street right-of-way.

2. Loading and Unloading Operations. During the loading or unloading of a tank vehicle, a qualified person shall be at the loading or unloading controls. Provision shall be made for the safe disposal of the oils released by overflow and from loading spouts or lines.

(Prior code § 6406.12)

All piping subjected to pressures in excess of one hundred fifty psi shall be constructed and installed in accordance with Title 15 of this code.

(Prior code § 6406.13)

All electrical equipment used, installed and maintained within fifty feet of a drilling well and within twenty-five feet of a producing well shall be installed and maintained in accordance with the regulations of the California Electrical Safety Order, Article 22, Hazardous Locations, Class I, Division 2.

(Prior code § 6406.14 (1))

No internal combustion engine, storage tanks, boiler, fired equipment or open flames, except welding directly and continuously supervised by the production foreman, drilling foreman, drilling engineer, drilling supervisors or safety supervisors, shall be located closer than twenty-five feet to a producing well nor closer than one hundred feet to a drilling well. Internal combustion engines, including their fuel tanks, used in the drilling production and servicing of oil wells are exempt from the preceding provisions; provided, that adequate safety precautions are observed, in accordance with good oil and gas field practices and state safety orders, if any. During drilling operations on a drill site of two acres or less, where two or more wells are located, or to be located thereon, the provisions of this section relating to distances may be altered at the discretion of the building inspector if it appears that such modifications will not present a hazard, based upon his consideration of special features such as:

A. The topographical conditions;

B. The nature of occupancy and proximity to buildings on adjoining property; and

C. The height and character of construction of such buildings; capacity and construction of the tanks and character of liquids to be stored;

D. The degree of private fire protection to be provided, and the capability of the fire department to cope with flammable liquid fires.

(Prior code § 6406.14 (2))

The engines used in connection with the drilling of any oil well or in any production equipment of any oil will shall be equipped with an exhaust muffler to prevent excessive or unusual noise. Means shall be provided on all engines used during drilling operations to prevent the escape of flames, sparks, ignited carbon and soot.

(Prior code § 6406.14 (3))

Flammable waste gases or vapors escaping from a production drill site shall be burned or controlled to prevent hazardous concentrations reaching sources of ignition or otherwise endangering the area.

A. Flares. Approved means of ignition shall be provided whenever hydrocarbon gases are released to the air through flares.

B. Venting. Gases or vapors not burned may be discharged to the atmosphere at not less than twenty feet vertically above grade and not less than twenty-five feet horizontally from any source of ignition and at locations and in quantities that do not create a hazard to the general area.

(Prior code § 6406.14 (4))

A. No person shall permit or cause to be permitted the discharge of any liquid containing oil field waste or crude petroleum or any of its products produced on the site into or upon any public street or highway, drainage canal or ditch, storm drain or flood control channel, or upon the surface of any real property, except upon the drill site.

B. No person shall permit or cause to be permitted any oil, waste oil, refuse or waste material to be on the surface of the ground, under, around or near any oil well, pump, boiler, oil storage tank or building except within an oil sump, tank or catchment basin.

C. All land within twenty-five feet of any well, flammable liquid tank or other appurtenance to any such well shall be at all times kept free and clear of dry weeds, grass, rubbish or other combustible debris. When this distance is not sufficient to provide reasonable fire safety, a greater distance may be required by the building inspector.

(Prior code § 6406.14 (5))

No person shall smoke or cause, permit or allow another person to smoke within fifty feet of any well, tank location, or any area contaminated by oil or waste gas.

(Prior code § 6406.14 (6))

A minimum of two fire extinguishers shall be maintained at all well locations where drilling, servicing or repair work is being conducted. Each such extinguisher shall have a minimum classification of 20B as set forth in NBFU No. 10, NFPA No. 10, "First Aid Fire Appliance."

(Prior code § 6406.14 (7))