Richmond Municipal Code Ch. 7.92 Oil Drilling and Production Regulations

This chapter is intended to provide for the drilling, redrilling and servicing of oil wells, and to promote the orderly utilization and development of the existing and potential oil resources within the City of Richmond.

The following terms as used in this chapter shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

(1) "Abandonment" is the restoration of the drill site as required by these regulations.

(2) "Enforcing Officer" means and includes the Superintendent of Building Regulations of the City of Richmond or his designated representative.

(3) "A.P.I." is the American Petroleum Institute.

(4) "Approved" means approved by the Enforcing Officer. "Approved Type" or "Approved Design" is and includes improvements, equipment or facilities of a type or design approved by the Enforcing Officer.

(5) "A.S.M.E." is the American Society of Mechanical Engineers.

(6) "Blowout" is the uncontrolled discharge of gas, liquid, or solids or a mixture thereof from a well into the atmosphere.

(7) "Blowout preventer" is 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.

(8) "Cellar" is an excavation around or above the top joint of the casing in a well.

(9) "Completion of drilling" means a well is completed, for the purpose of these regulations, 30 days after the drilling crew has been released, unless drilling or remedial operations are resumed before the end of 30 days.

(10) "Derrick" is any framework, tower, or mast together with all parts of an appurtenance to such structure, including any foundations, pump house, 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.

(11) "Desertion" is the cessation of operations at a drill site without compliance with the provisions of this chapter relating to suspended operations or abandonment.

(12) "Diligence" as used in these regulations 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.

(13) "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 its responsibilities.

(14) "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 concerned with the completion of a well. Drilling does not include "shot hole".

(15) "Drill site" is the premises used during the drilling and subsequent life of a well or wells, which is necessary for the safe operations thereof.

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

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

(18) "Lessee" is the possessor of the right to exploit the premises for minerals.

(19) "Lessor" is the mineral right owner.

(20) "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.

(21) "Natural gasoline plant" or "absorption plant" is a plant for the processing of natural gas from the production wells and processed into its various components.

(22) "Oil" includes petroleum, and petroleum includes oil.

(23) "Operator" is the person, whether proprietor, lessee or independent contractor, actually in charge and in control of the drilling, maintenance, operation or pumping of a well or lease.

(24) "Outer boundary line" is where several contiguous parcels of land in one or different ownerships are operated as a single gas or oil lease or operating unit, the term "outer boundary line" 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 deemed to interrupt such contiguity.

(25) "Owner" is the person who owns a legal or equitable title in and to the surfaces of the drill site.

(26) "Person" includes any individual, firm, association, corporation, joint venture, or any other group or combination acting as a unit.

(27) "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.

(28) "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.

(29) "Shot hole" means the hole drilled in seismic petroleum prospecting.

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

(31) "Street" is a public or private right-of-way which affords primary means of access to abutting property.

(32) "Structure" means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. A structure shall include, but not be limited to, a tank, edifice, or building of any kind.

(33) "Suspended operations" is the approved, temporary suspension of drilling or redrilling operations pending a resumption of operations or abandonment.

(34) "Tank" is 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.

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

(36) "Well servicing" is remedial or maintenance work performed within any existing well which does not involve drilling or redrilling.

(1) A permit from the Enforcing Officer shall be obtained:

(a) For drilling or redrilling operations in connection with the exploration for or the production of petroleum, or for the purpose of secondary recovery.

(b) To erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure.

(2) No permit shall be required for well servicing or maintenance of or for any structure for which a building permit is not required.

The applicant shall file an application in writing for a permit on a form furnished for the purpose by the Enforcing Officer. The application shall be accompanied by:

(1) A conditional use permit approved by the Planning Commission;

(2) A complete legal description of the property;

(3) A fully informative plot plan showing the location of the well, the location of which has been staked on the ground, appurtenant structures and their relation to any existing hospital, sanitarium, church, rest home, airport, school and dwelling within the radius required by this chapter;

(4) Plans and engineering specifications of structures, drilling derricks, drilling masts, tanks, and high pressure systems regulated by this chapter. Applicant need not file plans and engineering specifications of standard derricks, masts and tanks when such plans and specifications are already on file with the Enforcing Officer;

(5) A corporate surety bond in conformity with the provisions of Section 7.92.050;

(6) A verified statement signed by the applicant certifying he is duly authorized by operator to make and file the application and that he has read the application and the same is true and correct;

(7) An acknowledged statement in writing by the owner of the surface rights of the drill site and by the owner of any private land over which access is had to the drill site granting to the City of Richmond 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;

(8) A statement as to the means by which liquid spills will be removed from diked area or catchment basins;

(9) An application for or a business license issued pursuant to Section 7.04.030 for each firm or operator doing work covered by this chapter;

(10) An application for or a grading permit if the work to be done pursuant to this chapter will involve excavation, grading or earthwork construction for which a grading permit is required pursuant to Article XII;

(11) Such other pertinent information as may be required by the Enforcing Officer;

(12) A drilling permit may be amended insofar as it relates to the drill site area and a drill site may be modified as to size and shape by filing with the Enforcing Officer of a modified plot plan if the modified drill site conforms to the applicable provisions of this chapter, but not otherwise.

(1) Existing wells. A bond in the form required by this section shall be filed for each existing well within 30 days following April 4, 1966.

(2) New wells. A bond in the form required by this section shall accompany every application for the drilling or redrilling of any oil well for which a bond is not on file.

(3) Bond forms. Bonds shall be on a form approved by the Enforcing Officer and City Attorney and shall be filed with the City Clerk.

(a) Single bonds. Corporate surety bonds in the penal sum of $5,000.00. The bond shall be executed by the operator as principal and by the authorized surety company as surety and conditioned that the principal name in the bond shall faithfully comply with all the provisions of this chapter in drilling or redrilling and maintaining all production facilities as required by this chapter until properly abandoned in conformity with the provisions hereof. The bond shall secure the City of Richmond against all costs, charges and expenses incurred by it by reason of the failure of the principal to fully comply with the provisions of this chapter. 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.

(b) Blanket bonds. Any operator may, in lieu of filing a single bond for each well as required by subsections (1) and (2) of this section, file a bond in the amount of $25,000.00 to cover all of his said operations conducted within the City of Richmond. A rider to the bond shall be filed with the City Clerk showing the correct name or number of the well and such other information as may be necessary to readily identify the oil well for each well covered by the bond.

(4) Default in performance of conditions—Notice to be given:

(a) Whenever the Enforcing Officer finds that a default has occurred in the performance of any requirement or condition of these regulations, written notice thereof shall be given to the principal and to the surety on the bond.

(b) Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Enforcing Officer to be reasonably necessary for the completion of such work.

(c) After receipt of such notice, the surety shall within the time therein specified either cause or require work to be performed, or failing therein, shall pay over to the City of Richmond the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 25 percent of the estimated cost. Upon receipt of such moneys, the Enforcing Officer shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand. In the event that the well has not been properly abandoned under the regulations of the Division of Oil and Gas, such additional moneys may be demanded from the surety as are necessary to restore the drill site in conformity with the regulations of this chapter.

(5) Exoneration. Any bond issued in compliance with these regulations shall be terminated and cancelled 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 Enforcing Officer.

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

(1) Drilling or redrilling permit fees. A fee for each drilling permit or redrilling permit shall be paid to the City of Richmond as set forth in subsection (5) of this section.

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

(2) Plan checking fees. A plan checking fee shall not be charged for the derrick or its appurtenances. A plan checking fee shall be charged for all permanent buildings, production tanks, washing tanks, skim ponds and such other structures not directly connected with the derrick itself. 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 subsection (5).

(3) Annual inspection fees. The Enforcing Officer 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 of Richmond an annual inspection fee as specified in subsection (5) of this section. The year for which each fee is applicable runs from July 1 to June 30. The fees shall be based upon the total number of wells existing (whether producing or not) on July 1. The fees shall be due prior to July 10th of the year to which they pertain. No additional fee shall be charged for additional inspections which may be required during the year. The Enforcing Officer shall keep a permanent, accurate account of all annual inspection fees collected and received under this chapter, the name 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 Enforcing Officer's annual inspection findings shall be furnished the operator.

(4) Building permit fees. A building permit fee shall be charged for the erection or construction or relocation of any permanent building, tank or other structures hereinabove included and such fee shall be based on the total valuation of the structure when completed.

(5) Permit and inspection fees. (a) The sum of $100.00 shall be charged for the drilling or redrilling of any oil well, no part of which shall be refundable.

(b) Annual inspection fees. The sum of $10.00 per well shall be charged for the annual inspection of each existing, suspended or producing oil well.

(c) All construction work for which a building permit is required shall be based upon the fees listed in the current Uniform Building Code adopted by the City Council of the City of Richmond.

(6) Permit Utilization. No permit issued hereunder shall be valid unless utilization of the privileges granted thereby be commenced within 60 days from and after the date of issuance of the permit and diligently and progressively prosecuted thereafter.

(1) Location of oil wells. (a) No oil well shall be drilled within the following distances measured from the centerline of any local street, or any highway shown on the Richmond General Plan:

that in the case of a local street, the right-of-way of which is more than 60 feet in width, the distance shall be 150 feet plus one-half of the existing right-of-way. In the case of a local street, the right-of-way of which is more than 60 feet in width, the Enforcing Officer may determine that because of the degree of slope or other feature of topography, a lesser distance than one-half of the right-of-way in addition to the 150 feet is reasonable to insure the safety of the traveling public in conformity with the purpose and intent of this provision, in which case the distance thus set by the Enforcing Officer shall prevail.

No oil well shall be drilled within 150 feet of the nearest rail of a railway which carries passengers for hire.

(b) No oil well shall be drilled within 175 feet of any building used for human occupancy, nor shall any such buildings be erected within 150 feet of any oil well not abandoned, except buildings incidental to the operation of the well. No oil well shall be drilled within 150 feet from the outer boundary line.

(c) No oil well shall be drilled within 300 feet of any building used as a place of public assemblage, institution, or school; nor shall any such building be erected within 300 feet of any oil well not abandoned.

(d) Where special circumstances warrant a modification of the distances set forth by subsection (1) hereof, the Enforcing Officer may impose less restrictive requirements if such provisions or requirements are rendered unnecessary or unreasonable by the then existing special features, such as topography, nature of the use and occupancy, buildings and roadways. The Enforcing Officer may also impose additional safety requirements rendered necessary because of such special features or because of any modification granted pursuant to subsection (1) of this section.

(e) Any modifications exceeding 25 percent of the distance requirements set forth in subsection (1) of this section shall be reviewed and approved by the City Council.

(2) Private roads and drill sites. 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, and maintained to prevent dust and mud.

In particular cases these requirements governing surfacing of private roads and drill sites may be altered at the discretion of the Enforcing Officer after consideration of all of the circumstances including but not limited to distances from public streets and highways, distances from adjoining and nearby properties whose surface rights are not leased by the operator and the purposes for which the property of such owners are or may be used, topographic features, nature of the oil and exposure to the wind.

(3) Derricks. All derricks and masts hereafter erected for drilling or redrilling shall be at least equivalent to the American Petroleum Institute Standards 4A, 14th Edition and 4D, 3rd Edition.

(4) Signs. 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 leasehold, it shall be sufficient if the entrances to said leasehold are posted with a sign not less than 18 inches by 24 inches bearing the name of the operator together with the name or designation of the lease, together with an openly visible sign on each producing well designating the particular number thereof.

(5) Blowout prevention. 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 of California Petroleum Safety Orders—Drilling and Production Section 6691 of the Administrative Code of California.

(6) Blowout prevention for wells other than drilling wells.

(a) Protection shall be provided to prevent the blowout of an oil well, conforming to the requirements of the State of California Safety Orders—Drilling and Production, Section 6692 of the Administrative Code of California in the following cases:

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

2. 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.

(b) The operator shall notify the Enforcing Officer, 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 be 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.

(7) Waiver of blowout prevention requirements. The blowout preventive requirements of subsections (5) and (6) may be waived by the Enforcing Officer upon such conditions and for such operations as he may determine, upon written application by the operator and upon a showing by him of sufficient cause therefor based upon information regarding depth of hole, probable gas pressures to be encountered, the proposed drilling, completion or abandonment program or whatever further information the Enforcing Officer may require.

(8) Sumps. Rotary mud, drill cuttings, oil field waste, oil or liquid hydrocarbons and all other oil field wastes derived or resulting from, or connected with the drilling of any well shall be discharged into a steel tank. Such drill cuttings, rotary mud, and drilling waste materials shall be removed from the drill site upon completion of drilling operations and disposed of in a manner specifically approved by the San Francisco Bay Regional Water Quality Control Board. Tanks used as and for sump purposes shall be removed from the drill site and sump holes shall be drained and backfilled within 30 days from and after completion of drilling.

(9) Fencing. All sumps and oil well production equipment having external, moving parts hazardous to life or limb shall be attended 24 hours per day or be enclosed by a Standard Richmond Fence not less than six feet in height and in addition having not less than three strands of barbed wire sloping outward at approximately a 45 degree angle and for 18 inches from the top of the fence. There shall be no aperture below such fence greater than four inches. Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended by a watchman or service man.

(10) Cellars. The following regulations shall apply to cellars:

(a) Every cellar shall be constructed in accordance with the Uniform Building Code, adopted by the City Council of the City of Richmond.

(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 the 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 25 feet in length shall have two separate means of entrance or exit. If the cellar exceeds 50 feet in length, one of the means of entrance or exit shall be a stairway. If the cellar exceeds 200 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.

(11) Removal of equipment. All drilling equipment and the derrick shall be removed from the premises within 60 days following the completion, abandonment or desertion of any well. Once the well is a producing well, it shall be serviced with a portable derrick when required. Drilling operations shall be diligently prosecuted until the well is completed or abandoned.

(12) Soundproofing. Soundproofing shall comply with the following specifications when required by the provisions of Section 15.04.160. Soundproofing acoustical blankets for the drilling derrick and accessory structures shall be: Fibrous glass insulation one and one-half inch 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 450 degrees Fahrenheit sewed between layers of fire retardant, vinyl fiber glass cloth, 15 to 17 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 90 pound tensile strength. Grommets shall be #4 brass. All doors and similar openings shall be kept closed, during drilling operations, except for ingress and egress.

(13) Alternate materials and methods of construction. 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.

The Enforcing Officer 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 purposes intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability and safety.

The Enforcing Officer 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 construction does not conform to the requirements of this chapter or in order to substantiate claims for alternate materials or methods of construction, the Enforcing Officer may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency.

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 Enforcing Officer shall determine the test procedure.

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.

It shall be the responsibility of the Enforcing Officer to determine that the drill site and all facilities pertinent thereto have been restored to their original condition as nearly as practicable in conformity with the regulations of this chapter including the following requirements:

(1) Standard. (a) It shall be the responsibility of the operator to comply with the abandonment provisions of this chapter and he shall furnish the Enforcing Officer with (1) a copy of the 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 on or subsequent to the date so stated.

Abandonment shall be approved by the Enforcing Officer after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements:

1. The derrick and all appurtenant equipment thereto shall be removed from 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 to a depth of six feet below grade, unless part of a multiwell cellar then being used in connection with any other well for which a permit has been issued.

4. The oil well casing shall 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 cutoff until the cutoff has been inspected by the Enforcing Officer and by him found to be in compliance with all applicable provisions of law.

5. The top 25 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 as the well casing shall be tack welded to the casing in a minimum of four places.

7. All holes and depressions shall be filled and packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site.

8. All soil surfaces shall be replanted or reseeded with approved plant materials.

(2) Conversion to water well. A well may be converted to a domestic or agricultural water well upon the approval of the Enforcing Officer after:

(a) A request in writing by the land owner has been made to the Enforcing Officer;

(b) An original or certified copy of the approved conversion permit from the Division of Oil and Gas has been furnished the Enforcing Officer;

(c) All the provisions of abandonment in subsection (1) have been complied with except that those appurtenances necessary for the operation of a water well may be retained.

Except as provided in subsection (2) hereof no drilling, redrilling, work or construction shall be done beyond the point indicated in each successive inspection without first obtaining the written approval of the Enforcing Officer.

(1) Site preparation. (a) The well location shall be clearly marked by a stake or other suitable means and identified as the "well location".

(b) The drill site shall be prepared as required in these regulations and shall be of such size as to provide for the safe erection of the mast or derrick and all appurtenant structures thereto as indicated on the approved plot plan.

(c) Any private road used for ingress and egress of equipment to the drill site shall be prepared as required by these regulations.

(d) The proposed well shall be located in conformity with these regulations as to the distances from streets, outer boundaries, public buildings and dwellings.

(2) Commencement of drilling. The Enforcing Officer 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 Enforcing Officer. It will be the obligation of the Enforcing Officer to inspect such facilities as to their conformity with these regulations as soon as reasonably practicable.

(3) Release of drilling crew. The Enforcing Officer shall be notified immediately in writing when the drilling crew is released and it shall then be his duty to inspect.

(4) Completion of drilling. Upon completion of drilling operations an inspection request shall be called for.

(5) Abandonment. An inspection shall be made subsequent to the approval of the abandonment notice and the Enforcing Officer shall certify that the well has been abandoned in conformity with all regulations to a depth of six feet below grade.

(1) Service of notice. Every operator of any oil well shall designate an agent who is a resident of the State of California, upon whom all orders and notices provided in this chapter may be served in person, or by registered or certified mail. Every operator so designating such agent shall within ten days notify the Enforcing Officer in writing of any change in such agent or such mailing address unless operations within the City are discontinued. Service by registered or certified mail, or in person, on the agent so designated shall constitute service for all purposes of this chapter.

(2) Transfer of operations. The operator shall notify the Enforcing Officer in writing of the sale, assignment, transfer, conveyance or exchange by said operator of wells, property and equipment within ten days after such sale, assignment, transfer, conveyance or exchange. The notice shall contain the following:

(a) The name and address of the person to whom such well and property was sold, assigned, transferred, conveyed or exchanged;

(b) The name and location of the well;

(c) The date of sale, assignment, transfer, conveyance, or exchange;

(d) The date when possession was relinquished by the former operator;

(e) A description of the properties and equipment transferred. 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 Enforcing Officer, in writing, of his 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;

(3) Suspension of drilling and redrilling operations. The operator of any well shall notify the Enforcing Officer, in writing, of any temporary suspension of operations, pending a resumption of operations or abandonment. The Enforcing Officer, for good cause, may approve temporary suspension of operations. Such notice shall be filed with the Enforcing Officer within 30 days from and after release of drilling crew. Failure of the Enforcing Officer to act within ten days shall constitute approval thereof. The operator shall notify the Enforcing Officer, in writing, upon resumption of operations giving the date thereof.

(4) Change in drilling contractor. The operator before changing drilling or redrilling contractors shall file with the Enforcing Officer a written notice of the change, giving the name of the original contractor, and 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 a part of the original oil drilling or redrilling permit.

(1) Design and construction of tanks. All tanks shall be constructed in conformity with the current Uniform Building Code adopted by the City Council of the City of Richmond.

(2) 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.

(3) Loading by truck from production tank sites. (a) Location. Tank vehicle loading racks, loading platforms or movable 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 25 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.

(b) 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.

All piping subjected to pressures in excess of 150 P.S.I. shall be constructed and installed in accordance with the Building Code of the City of Richmond adopted by the City Council.

(1) Electrical equipment. All electrical equipment used, installed or maintained within 50 feet of a drilling well and within 25 feet of a producing well shall be installed and maintained in accordance with the regulations of the California Electrical Safety Orders, Article 22, Hazardous Locations, Class I, Division 2.

(2) Internal combustion engines, storage tanks, fired equipment and open flames. No internal combustion engine, storage tanks, boiler, fired equipment or open flame except welding supervised by the production foreman, drilling foreman, drilling engineer, drilling supervisors, or safety supervisors shall be located closer than 25 feet to a producing well nor closer than 100 feet to a drilling well. Internal combustion engines (and their fuel tanks) used in the drilling production and servicing of oil wells are exempt from the above provisions. During drilling operations on a drill site of two acres or less in area where two or more wells are drilled and drilling and production equipment are located on such sites, the provisions of this subsection relating to distances of storage tanks may be altered at the discretion of the Enforcing Officer after consideration of the special features such as: topographic conditions; nature of occupancy and proximity to buildings on adjoining property and height and character of construction of such buildings; capacity and construction of proposed tanks and character of liquids to be stored; degree of private fire protection to be provided, and facilities of the fire department to cope with flammable liquid fires.

(3) Muffling exhaust. The engines used in connection with the drilling of any oil well or in any production equipment of any oil well 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.

(4) Flammable waste gases and vapors. 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.

(5) Waste control of drill site. (a) No person shall permit or cause to be permitted the discharge of any liquid containing crude petroleum or its products into or upon any street, public highway, drainage canal or ditch, storm drain or flood control channel.

(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 a tank.

(c) All land within a drill site shall be at all times kept free and clear of dry weeds, grass, rubbish or other combustible debris. A fire buffer zone may be required beyond the drill site.

(6) Smoking. No person shall smoke or cause, permit or allow another person to smoke except within designated smoking areas.

(7) Fire control equipment. A minimum of two fire extinguishers shall be maintained at all oil 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". In addition a water supply shall be maintained sufficient to provide a minimum fire safety as determined by the Fire Chief.

(8) Suppression of fires in oil wells. If the Fire Chief deems it necessary to call upon a specialist to assist in extinguishing an oil or gas well fire, the expense of such specialist shall be borne by the operator.

(1) The City Council of the City of Richmond shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made in the administration or enforcement of any of the provisions of this chapter.

(2) An appeal shall be in writing and shall be filed in the office of the City Clerk. An appeal from any order, requirement, decision or determination must set forth specifically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by the evidence in the matter.

(3) No appeal filed later than ten days from and after the date of the order, requirement, decision or determination complained of will be accepted by the city council.

(4) The enforcing officer shall transmit to the City Council at their next regular meeting all papers involved in the proceedings of the appeal. In addition, he may make and transmit to the City Council such supplementary report as he may deem necessary to present clearly the facts and circumstances of the case.

(5) Upon receipt of the record, the City Council shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant and to the enforcing officer and any other party at interest who has requested in writing to be so notified and no other notice need be given.

(6) Upon the date of the hearing, the City Council shall hear the appeal, unless for cause the City Council shall on that date continue the matter. No notice of continuance need be given if the order therefor be announced at the time for which the hearing was set.

(7) Upon the hearing of such appeal, the City Council may affirm, change or modify the ruling, decision or determination appealed from or, in lieu thereof, may make such other or additional determinations as it shall deem proper in the premises subject to the same limitations as are placed upon the enforcing officer by this chapter and by other provisions of law.

It shall be the duty of the enforcing officer to enforce the provisions of this chapter. Any violation or failure to comply with any of the provisions of this chapter shall render such persons subject to the penalties and provisions of Section 1.04.100.

(Source: Ordinance No. 158 N.S.)