Napa County Municipal Code Art. II Permit Requirements

A. No person shall perform an oil and gas or geothermal resource exploration or development project, as defined in subsection (F) of Section 16.16.030, without first having obtained from the commission a permit for an oil and gas or geothermal resources exploration or development project pursuant to Section 16.16.080 of this chapter.

B. No person shall undertake any temporary exploratory probe without first having obtained from the commission a permit for temporary exploratory probe. All holes drilled under such permit shall be drilled and sealed within three hundred sixty-five days, or such time as may otherwise be approved by the commission, from the time of commencement of actual drilling operation.

(Ord. 499 § 1 (part), 1976: prior code § 10425)

Application for a use permit pursuant to this chapter shall be made to the commission on the form "application for use permit" for each act listed in subsection (H) or (J) of Section 16.16.030. Only one application need be made if no more than six temporary exploratory probes are to be done on the same assessor's parcel, contiguous assessor's parcels, or parcels covered by the same lease, provided all such acts are identified in the application. Ten copies of a map of the site and ten copies of a plan and cost estimate of the proposed development shall be submitted with each such application. Data shall be submitted in such detail as the director may require for review purposes. When the proposed development includes construction or alternations of structures, three sets of plans and specifications for such work shall be submitted with the application. The application shall include the requirements set out in Sections 16.16.060 and 16.16.070.

(Ord. 499 § 1 (part), 1976: prior code § 10426 (part))

To obtain a permit for temporary exploratory probe, an operator shall submit a use permit application. The application is deemed submitted when items listed in subsections (A) through (F) of this section are submitted in a manner acceptable to the director, and application fee is accepted. Together with the application for such permit, the operator shall submit to the commission for its approval ten copies of a proposal for the work to be done, including but not limited to:

A. Location, elevation and depth of the probe or probes to be drilled;

B. Name, address and telephone number of property owner, and the operator's designated agent;

C. Each application shall contain a letter from the property owner indicating that the operator and applicant have the owner's consent to conduct a temporary exploratory probe on the subject property;

D. A map of the property to be explored, including:

1. The boundary of the assessor's and lease parcels to be explored, including designation of assessor parcel,

2. North arrow, scale, date and, at sites where additional information is required due to environmental concerns, the director may require further mapping at a scale of between one inch equals two hundred feet (1″ = 200′) and one inch equals five hundred feet (1″ = 500′), including contours of land,

3. Surface location sites of the proposed probe, including the size and shape of drilling locations and full specifications and location of all access roads; vicinity maps at scale of one inch equals two thousand feet (1″ = 2,000′), showing nearest highway and city and zoning districts,

4. The locations of existing roads, proposed roads and probe sites, waterways and cultural features, including the present use of the property surrounding property within a radius of one-half mile of the drilling site,

5. The location of test facilities, including complete engineering data concerning any holding pond or reservoir proposed to be constructed or developed in conjunction with testing and waste discharge operations;

E. A general statement of intent, scope, and expected drilling schedule, including dates of lease, requirements of drilling, and any pertinent lease terms that may affect transfer of geothermal resources across property boundaries, county boundaries, etc.;

F. Proof, in writing, that the probe program has been approved by the State Division of Oil and Gas, and that, where required, all test measurements and waste discharge operations have been submitted to and are being processed by the appropriate State Regional Water Quality Control Board, Air Resources Board, Air Pollution Control District, Radiological Health Section of the State Department of Public Health, and other appropriate state and federal agencies.

(Ord. 499 § 1 (part), 1976: prior code § 10426 (a))

To obtain a permit for an oil and gas or geothermal resources exploration or development project, an operator shall submit a use permit application. Application is deemed submitted when items listed in subsections (A) and (B)(1) through (B)(5) of this section are submitted in a manner acceptable to the director, and application fee is accepted. The following procedures shall be followed, and the following information shall be submitted:

A. An application for a permit for a temporary exploratory probe, if appropriate, or a copy of the existing permit therefor;

B. An application for a permit for an oil and gas or geothermal resources exploration or development project. As a part of the application, the operator shall submit to the commission for its approval ten copies of a proposal for the oil and gas or geothermal resources exploration or development project which includes, but is not limited to the following data:

1. Name, location, elevation and depth of the well or wells to be drilled,

2. Name, address and telephone number of all operators, all property owners, and the operator's designated agencies,

3. Each application shall contain a letter from the property owner that the operator and applicant have the owner's consent to explore for and develop oil, gas or geothermal resources on the subject property,

4. A brief description of owner and operators' expertise, previous performance record, any refusal, default or forfeiture of bonds, violation citations by regulatory agencies, litigation pending or settled regarding environmental matters, and education and experience of personnel principally involved in environmental impact mitigation and monitoring of the subject project,

5. The developer-proposed site and access road on a map scaled at one inch equals five hundred feet (1″ = 500′) and a general area map showing the leasehold boundaries and leasehold and adjoining assessor's parcel numbers,

6. A general statement of intent, scope, and expected drilling schedule, including dates of lease requirements for drilling, and any pertinent lease terms that may affect transfer of geothermal resources across property boundaries, county boundaries, etc.;

C. A conference will be held between developer representatives and the director to:

1. Clarify procedures and requirements, and identify environmental concerns by an on-site inspection by either the director or by a county-designated environmental consultant,

2. Adjust site location to the best site accessible to the target area, using any general environmental guidelines deemed appropriate by the director, and determine the size of the area required;

D. A geological report regarding the access road and well-site stability shall be submitted upon the request of the director. This geological report shall be done under the supervision of a county-designated engineering geologist and funded in the same manner as provided for an environmental impact report pursuant to the county's guidelines;

E. The information described in succeeding subdivisions of this section shall be submitted after completion of the preceding phases and the site is adjusted and approved, if requested by the director;

F. Detail map with north arrow, scale, date and the following information:

1. The location of test and measurement facilities, including complete engineering data concerning any holding pond or reservoir proposed in connection with testing and waste discharge requirements,

2. Surface location sites of proposed wells, including size and shape of drilling locations and all access roads and zoning districts, vicinity map (scale one inch equals two thousand feet) showing nearest highway and city,

3. The locations of existing roads, waterways and cultural features, including the present use of the property to be developed, and the use of surrounding property within a distance of two miles from the outer boundary of the leasehold,

4. A tentative plan showing the size and location of power generation, mineral extraction, desalination, pumping stations and other surface facilities, including their relationship to known geological fault zones,

5. A copy of any permit for temporary exploratory probe issued by the county or other agency;

G. A copy of the permit approved by the State Division of Oil and Gas, and written evidence that, where required, all test and waste discharge operations have been submitted to and are being processed by the appropriate State Regional Water Quality Control Board, Air Resources Board, Air Pollution Control District, Radiological Health Section of the State Department of Public Health, and other appropriate state and federal agencies;

H. Plans for any additional anticipated land use needs, such as extra facilities and proposed sites for industrial or other related uses; further exploration and development wells, probes and other facilities will require additional use permits;

I. A description of the noise-attenuation program which the operator will employ, including estimates of sound pressure levels, scale and frequency bands which are expected from generators, air compressors, blooie lines, cleanout and test operations after attenuation;

J. An estimate of water needs for the proposed operation, a statement of where the water will be obtained and disposed of, certification of availability and right to use water, and copies of applications to the State Division of Water Rights for any additional water requirements;

K. A statement of the operator's program for the control of particulate matter and other air contamination deriving from construction, well drilling and cleanout, machinery operation and vehicular traffic.

(Ord. 499 § 1 (part), 1976: prior code § 10426 (b))

The commission may approve an application for a use permit under this chapter unless it makes any of the following findings:

A. Adequate mitigation measures do not exist for all significant forms of air, land, water and noise pollution, including but not limited to the control of erosion and the disposal of liquid, solid and gaseous wastes, protection of surface and subsurface waters, plants, humans, fish and wildlife and their habitats;

B. The temporary exploratory probe or the oil and gas or geothermal resources exploration or development project will, in the circumstances of the particular case, be materially detrimental to health, safety and general welfare of persons residing or working in the vicinity of the use;

C. The health, safety and general welfare of others will be endangered by 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, land use and cultural use disturbance, road failures, off-site land degradation, seepage, spillage or escape of toxic materials, liquids or drill muds, venting or spillage of bio-sensitive 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,

2. Noncondensible gas impact from methane, argon, mercury, hydrogen sulfide, ammonia, ethane, radon and daughter products,

3. Increase in existing smog levels through 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,

4. Probability of significant effects from dissemination of hydrogen or sulphur compound substances as both gases and aerosols are present over the county, especially the city of Napa, Pope and Chiles Valleys and Lake Berryessa,

5. 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 the Environmental Protection Agency, State Health Department, and other agencies,

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

7. Emission of considerable quantities of heat, water vapor and steam into the atmosphere, depending upon the atmospheric conditions and the magnitude of the effluents causing visible plumes, local cloud formation, more extended cloud formation such as stratus and sheets of cumulus clouds, and, in a valley, increasing incidence and duration of ground fog and icing on the ground and elevated structures.

(Ord. 499 § 1 (part), 1976: prior code § 10428 (a))

A. The commission may issue a permit under this chapter subject to conditions specifically set forth in the permit, as necessary to insure protection to the public health, safety and welfare, including but not limited to considerations relating to pesticides, herbicides, water quality control, air quality control, erosion control, noise control, sanitation and waste disposal, land subsidence, seismic activity, aesthetics, fish and wildlife, antiquities, and historical sites and restoration.

B. In the development of such conditions of approval, the commission may invite comments and recommendations from any governmental department or agency or individual whose expertise or interest in the project is considered to be pertinent to the subject of the application.

C. The applicant shall fully comply with all the conditions of the use permit.

(Ord. 499 § 1 (part), 1976: prior code § 10427)

Applications for permits and renewals of permits issued pursuant to this chapter shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 906 § 31, 1989: Ord. 837 § 40, 1987: Ord. 499 § 1 (part), 1976: prior code § 10451)

A. Each operator under a permit issued pursuant to Section 16.16.040 shall furnish the county with an indemnity bond in an amount not less than two hundred thousand dollars, nor more than six hundred thousand dollars for each well drilled or abandoned well re-entered, or a blanket bond not to exceed the sum of one million two hundred thousand dollars for any number of wells drilled or re-entered. The operator shall abate any public nuisance and adverse effect on public health, safety or welfare caused by the project, and return the site as nearly as possible to its original state. The bond will indemnify the county for any costs incurred by the county in repairing any drill, test or production facility site, as nearly as possible to its original state, and in abating any public nuisance caused by an operator's exploratory, testing or producing operations.

B. The liability under the bond shall be for such amount as the commission shall determine to be adequate to protect the public health, safety and welfare. In case of transfer, a new bond must be filed or a consent of surety to the change in principal under the existing bond must be furnished. Additional bond coverage may be required whenever deemed necessary by the commission to protect the public health, safety and welfare.

C. For temporary exploratory probes and wells less than five hundred feet deep used only for heating purposes, the bond sum shall be calculated individually with respect to the specifics of each location, but in no case shall be greater than fifty thousand dollars.

(Ord. 499 § 1 (part), 1976: prior code § 10450 (a), (b))

Before commencing or continuing any oil and gas or geothermal resources exploration or development project or temporary exploratory probe, the permittee shall show continuing evidence of insurance against liability in tort in a minimum amount of one million dollars, arising from the exploration and production activities or operations incidental thereto conducted or carried on under or by virtue of any law or ordinance. Such insurance shall be kept in full force and effect during the period of such operations. Permittees for wells less than five hundred feet deep used only for heating purposes shall be exempt from such liability insurance requirements.

(Ord. 499 § 1 (part), 1976: prior code § 10450 (c))

An operator of an oil and gas or geothermal resources exploration and development project as defined in subsection (F) of Section 16.16.030, or of a geothermal oil or gas exploratory or development well as defined in subsection (D) of Section 16.16.030 which, on the effective date of the ordinance codified in this chapter, is being operated without a valid permit for an oil or gas or geothermal resources exploration or development project issued by the county, shall have a period of two years from such date within which to apply for and be issued a permit for oil and gas or geothermal resources exploration or development project hereunder. A permit shall be issued therefor, but such permit shall be subject to such conditions as may be deemed appropriate by the commission in accordance with the provisions of this chapter. Such operator shall not be deemed to be in violation of the provisions of this chapter during such two-year period.

(Ord. 499 § 1 (part), 1976: prior code § 10428 (b))

A. The operator shall begin the work authorized by any permit issued under this chapter within sixty days from the date of issuance, unless a different date for commencement of work is set forth in the permit. Failure to do so shall cause the permit to become void. The operator shall complete the work authorized by the permit within the time limits specified in the permit.

B. The operator shall notify the director at least twenty-four hours prior to the commencement of work.

C. If, prior to the date established for commencement of work, the operator makes written request to the director for an extension of time to commence the work, setting forth the reasons for the required extension, the director may grant such extension for the start of work.

D. A permit which has become void may be renewed at the discretion of the director upon payment to the county of a renewal fee. If the director does not grant such renewal, a permit for such work may be granted only upon compliance with the procedures herein established for an original application.

E. The operator, at any time while a permit is in force, may make written request to the director for an extension of time to complete the work covered by the permit. The director may grant such a request for up to twelve months of additional time if, in his opinion, such an extension is warranted.

F. If work authorized ceases on a project for any reason for a period of six months, the permit then in effect shall expire and become void.

(Ord. 499 § 1 (part), 1976: prior code § 10431)

A. A use permit issued under Sections 16.16.080 and 16.16.130 shall have a term of twenty years if issued for activities listed in subsections (F)(1) through (F)(8) of Section 16.16.030, and for a term of forty-two months for activities listed in Section 16.16.030 (F)(1) and (F)(2). Such term shall commence on the date of issuance. Such permit shall be subject to revocation for cause, including the failure to comply with permit conditions, where a finding is made by the commission that the public health, safety and welfare are adversely affected thereby. Such finding may be made by the commission only after a hearing held upon ten days' notice.

B. However, after the expiration of one year from the date of issuance of the permit, and thereafter at intervals of not less than three years, the commission may hold public hearings, after due notice to the applicant and public, for the purpose of reevaluating the conditions hereinabove set forth as they relate to the public health, safety and general welfare, and may add to or modify any such conditions where it is found that such permits as then conditioned adversely affect the public health, safety and general welfare.

C. Within sixty days after receiving written notice of transfer of permit, the commission may hold a public hearing, after due notice to the applicant and public, for the purpose of reevaluating the conditions hereinabove set forth as they relate to the public health, safety and general welfare. Following such hearing, the commission may add to or modify any such conditions where necessary to protect the public health, safety and general welfare. In any case where conditions, standards or improvements related to the granting of the permit have not been met, the commission may initiate use permit revocation proceedings.

D. The director may, without further clearance, suspend operations or production, or both, on any permit he deems may adversely affect public health, safety and welfare in an emergency situation.

E. Where exploration or production, or both, under a permit have been suspended, the commission may approve resumption of operations or production after conducting a public hearing pursuant to subsection (A) of this section, and making a finding that such resumption shall not adversely affect the public health, safety and welfare. Such a public hearing shall be held upon written request by the lessee or his agent.

(Ord. 499 § 1 (part), 1976: prior code § 10429)

A. Any permittee hereunder shall notify the commission in writing, in such form as the commission may require, of any transfer of any interest by any means in any well, or of the land upon which such well is located, within five days after such transfer. The notice of transfer shall contain the following:

1. The name and address of the transferee;

2. The name and location of the well;

3. The date of the transfer;

4. The date when possession was relinquished by the owner or operator;

5. A description of the land upon which the well is situated.

B. The transferee of any such interest shall, within five days after acquiring such interest, notify the commission in writing of such transfer. The notice of transfer shall contain the following:

1. The name and address of the transferor;

2. The name and location of the well;

3. The date of acquisition;

4. The date when possession was acquired;

5. A description of the land upon which the well is situated;

6. A brief description of the transferee's expertise, previous performance record, refusal, default or forfeiture of bonds, violation citations issued by regulatory agencies, litigation pending or settled regarding environmental matters, and education and experience of personnel principally involved in environmental impact mitigation and monitoring on the subject project.

(Ord. 499 § 1 (part), 1976: prior code § 10436)

Any person aggrieved by the denial or issuance by the commission of a permit pursuant to this chapter, or by the imposition of a condition or conditions to such permit, may appeal such denial or issuance to the board of supervisors pursuant to Chapter 2.88 of this code.

(Ord. 827 § 3, 1986: Ord. 499 § 1 (part), 1976: prior code § 10437)

Changes shall not be made in the work described in a permit, whether in relation to location, dimensions, materials or character of the work, without written authorization of the commission, except in case of an emergency.

(Ord. 499 § 1 (part), 1976: prior code § 10434)

The operator shall notify the director in writing of the termination of the work authorized.

(Ord. 499 § 1 (part), 1976: prior code § 10432)

The director may cause environmental, engineering, geological or other inspections of the work to be made periodically during the course thereof, and shall cause a final inspection to be made following completion of the work for purposes such as condition compliance or evaluation of unexpected or unpredicted environmental impacts. The operator shall assist the director in the conduct of such inspections.

(Ord. 499 § 1 (part), 1976: prior code § 10433)

A. In the event an emergency causes a violation of any of the conditions of this permit, the operator shall:

1. Immediately take action to stop or otherwise contain the unauthorized discharges and to correct the problem;

2. Immediately notify the director and participate in investigation to evaluate the impact and the corrective actions to be taken. The director may approve such work modifications as may be necessary to resolve the emergency. Any such approval shall be reported in writing to the commission at their next regular meeting;

3. Within thirty days of the occurrence, submit a detailed, written report describing the breakdown, the consequences thereof, including the actual quantity and quality of resulting waste discharges, and the corrective action taken, including the prevention of a recurrence, and any other pertinent information as requested by the director.

B. Compliance with these requirements shall not relieve the operator from responsibility to otherwise fully comply with the conditions of any permit issued hereunder, nor from any resulting liability for failure to so comply.

(Ord. 499 § 1 (part), 1976: prior code § 10435)

Neither the issuance of a use permit under this chapter nor compliance with the conditions thereof shall relieve an operator from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any use permit hereunder serve to impose any liability upon the county, its officers or employees, for injury or damage to persons or property. A use permit issued pursuant to this chapter shall not relieve the operator of the responsibility of securing and complying with any other permit which may be required by other county ordinances, regional directives or state or federal laws.

(Ord. 499 § 1 (part), 1976: prior code § 10430)