Napa County Municipal Code Art. I General Provisions and Definitions

The board of supervisors finds that:

A. It is the intent of this chapter to insure the orderly exploration and development of oil, gas and geothermal resources, and to protect the public interest;

B. Certain limited portions of the unincorporated area of the county may be potential sites for geothermal, oil or gas exploration;

C. A number of operators have acquired leases of land with the intention of exploring for energy resources and developing facilities for utilization of such resources;

D. Surface and shallow subsurface exploration has begun on some of these lands;

E. Public concern has been expressed over the lack of scientific research, monitoring and adequate controls on the environmental impacts of such exploratory and developmental activities on land use, in general, and the agricultural and recreational income of the county, in particular. Public concern has been expressed as to the danger of damage to components of the ecological system such as vegetation, air, water, crops, household and agricultural water supplies from erosion increase, water quality degradation, groundwater infiltration, wildlife habitat loss, noise, dust, impact on fragile or sensitive areas, wildlife disturbance, impedance of wildlife movement, aesthetic disturbance, historical or archaeological site disturbance, cultural use disturbance, road failure, off-site land degradation, seepage, spillage, or escape of toxic materials, liquids or drill muds, venting or spillage of biosensitive materials, well blowout, induced seismic activity, unacceptable sump material dumping sites and neutralization of biosensitive sump materials, possible impact of heavy metals and materials such as boron and chloride generally from condensed steam phase, and system-wide leakages or emissions due to breakdowns, punctures or vandalism, full or partial steam and gases vented to the atmosphere, or additional environmental changes of air or water quality, such as:

1. Impact of potential acid rainfall and potential effect on vegetation, wildlife, aquatic organisms, human health, air chemistry and agricultural production, noncondensible gas impact from methane, argon, mercury, hydrogen sulfide, ammonia, ethane, radon and daughter products, etc.,

2. Potential transformation from hydrogen sulfide to sulphur dioxide through contact with oxygen-hydrogen ions, in partially polluted air and possibly from photo-oxidation of hydrogen sulfide would contribute to existing smog level; probability of significant effects from dissemination of these substances as both gases and aerosols are present over the county, especially Napa, Pope and Chiles Valleys and Lake Berryessa,

3. Location and intensity of localized concentrations or accumulated effects, both localized and general, of increased levels of emissions from full field development, arising from steam, associated condensible and noncondensible gases, and other materials such as boron, chlorides, heavy metals (particularly mercury, lead and copper) and radioactive materials (particularly radon and its daughter products), on the environment, especially on all types of biota in relation to standards such as those of EPA, State Health Department, agricultural codes, etc.,

4. Local and regional climate modifications, including increased fog, possible formation of rime ice during the winter months, and increased humidity contributing to localized changes in near-ground climate regimes;

F. Geothermal plants release considerable quantities of heat, water vapor and steam into the atmosphere. Depending upon the atmospheric conditions and the magnitude of the effluents, the effects of such releases may be visible plumes, local cloud formation, more extended cloud formation such as stratus and sheets of cumulus clouds and, in a valley situation, increased incidence and duration of ground fog and icing on the ground and elevated structures;

G. Geothermal, oil or gas exploration and development, improperly conducted, will have adverse impacts on vineyards, grazing lands and other agricultural activities, irrigation and domestic water supply reservoirs, recreation usage, and adverse impact on fish and wildlife areas due to the current limited state of programs developed to mitigate adverse impacts associated with such activities.

(Ord. 499 § 1 (part), 1976: prior code § 10400)

It is the purpose of this chapter to accomplish the following objectives, thereby promoting the public health, safety and general welfare: To establish procedures for the exploration, development and conservation of oil, gas, geothermal steam, associated geothermal resources and hot water, in order to prevent waste, to protect the public interest, and to protect air and water quality and other environmental qualities.

(Ord. 499 § 1 (part), 1976: prior code § 10401)

In this chapter, the definition of terms set forth in this section shall be given the meaning indicated, unless the context clearly requires a different meaning.

A. "Board" means the board of supervisors of Napa County.

B. "Commission" means the planning commission of the county.

C. "Director" means the director of the county planning, building and environmental services department, or the director's authorized representative.

D. "Geothermal, oil or gas exploratory or development well" means any shaft or hole drilled into the surface of the earth which is used or intended to be used in connection with coring, or the drilling for, prospecting for, or the production of geothermal resources, hot water, petroleum, natural gas, or other hydrocarbon substances, or shallow extraction wells for heating, agricultural or other purposes, or is used or intended to be used for the subsurface injection into the earth of oilfield waste, gases, water or liquid substances, including any such existing hole, shaft or casing which has not been abandoned, except that "geothermal, oil or gas exploratory or development well" shall not include "temporary exploratory probe," as defined in this section.

E. "Geothermal resources" means the natural heat of the earth and the energy, in whatever form, below the surface of the earth present in, resulting from, created by or which may be extracted from such natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, excluding petroleum, natural gas or other hydrocarbon substances.

F. "Oil and gas or geothermal resources exploration or development project" means any activity relating to the search for evidence of oil and gas or geothermal resources which requires physical presence upon the land other than temporary exploratory probe activities. The term includes, but is not limited to:

1. Drilling for oil, gas or geothermal resources;

2. Construction of roads and trails in connection with subparagraph (F)(1) above;

3. Power plant and appurtenant features;

4. Steam transmission lines;

5. Electrical transmission lines;

6. Oil and gas transmission lines;

7. Construction of oil and gas pumping plants;

8. Use of byproducts.

G. "Operator" means any person, firm, partnership, association or corporation engaged in drilling, maintaining, operating, pumping or having the management responsibility of any well or related facilities for power generation, mineral extraction, or any other use of geothermal resources, or petroleum, natural gas, other hydrocarbon substances, or similar compounds.

H. "Permit for an oil and gas or geothermal resource exploration or development project" means a written use permit approved by the commission for an oil and gas or geothermal resources exploration or development project.

I. "Permit for temporary exploratory probe" means a written use permit approved by the commission for a temporary exploratory probe.

J. "Temporary exploratory probe" means any of the following activities:

1. A seismic test hole, exploratory core hole, or temperature gradient hole used or intended to be used exclusively for geophysical or geological exploratory work not exceeding five hundred feet (about one hundred fifty meters) in depth and four inches (about ten centimeters) in diameter, preliminary to possible exploration for geothermal resources, oil, natural gas or other hydrocarbons, or similar compounds. Exploratory core holes for oil and natural gas are defined as not exceeding six inches (about 15.24 centimeters) in diameter;

2. Those surficial geophysical or geochemical measurements such as seismic refraction, magnetic, gravity or electrical resistivity measurements conducted preliminary to exploration for geothermal resources, oil, natural gas or other hydrocarbons or similar compounds, when such operations involve grading, mechanized earth movement or vegetation destruction.

K. "Test" means to produce geothermal fluids, steam, oil, gas, other hydrocarbons, or other substances during the testing of lines, pumps, separators, metering facilities, panel pumps and well yield for a length of time, at a volume and rate and under conditions approved by the commission, the state or appropriate Regional Water Quality Control Board, the California Air Resources Board, appropriate air pollution control board, the Radiological Health Section of the California Department of Public Health, and other appropriate state and federal agencies.

L. "Test facilities" means lines, pumps, separators, metering facilities, ponds and sumps used during the testing of a geothermal well, injection well, oil, gas or other hydrocarbon well.

(Ord. 499 § 1 (part), 1976: prior code §§ 10405—10417)

(Ord. No. 1379, § 85, 1-29-2013)