Santa Maria Municipal Code § 25-17 Permit required

The provisions of the Petroleum Ordinance No. 1927, being Chapter 25 of the County Code, together with the following publications of the American Petroleum Institute:

together with the publication of the United States of America Standards (American Society of Mechanical Engineers) identified as B31.8, 1968 Edition, are adopted by reference subject to the additions and amendments set forth in this chapter.

(Prior Code § 6-70; Ord. 2019-10, eff. 1/1/20)

The glossary adopted before the effective date of the ordinance from which this section derives by resolution of the Board of Supervisors of the county, pursuant to Section 25-4 of the primary Code, and all resolutions of the Board of Supervisors adopted pursuant to the Primary Code and in effect on the effective date of the ordinance from which this section derives, and all resolutions of the Board adopted after that effective date, may be adopted by the City Council by resolution as regulations pursuant to this chapter. Upon such adoption the City Clerk shall keep on file in her office not less than three copies of the glossary and of each resolution.

(Prior Code § 6-81; Ord. 2019-10, eff. 1/1/20)

The Petroleum Ordinance No. 1927, being Chapter 25 of the County Code, adopted as the petroleum ordinance of the City pursuant to Section 9-72.01, shall be referred to in this chapter as the "Primary Code," and all the provisions of the Primary Code, other than those specifically amended in this chapter, are generally amended as follows:

(a) Whenever reference is made in the Primary Code to the county, such provision for the purposes of this chapter shall mean "City."

(b) Whenever reference is made in the Primary Code to the Board of Supervisors, such provisions for the purposes of this chapter shall mean "City Council."

(c) Whenever reference is made in the Primary Code to the Clerk of the Board of Supervisors, such provision for the purposes of this chapter shall mean "City Clerk."

(d) Whenever reference is made in the Primary Code to the county, such provision for the purposes of this chapter shall mean the "City."

(Prior Code § 6-71; Ord. 2019-10, eff. 1/1/20)

Section 25-1 of the Primary Code is amended in its entirety to provide as follows:

There is established the position of Petroleum Engineer of the City. The Council shall appoint such Petroleum Engineer and such deputies and assistants as may be necessary for the proper administration of this chapter. The Petroleum Engineer shall be a Petroleum Engineer licensed as such by the State, or shall be a person whose qualifications and experience are deemed by the Council to be sufficient to carry out the duties and responsibilities of the Petroleum Engineer provided for in this chapter, although not a licensed Petroleum Engineer. Assistants and deputies need not be licensed Petroleum Engineers.

The Council shall have full authority to contract with the county for the Petroleum Engineer of the county to perform all the functions of Petroleum Engineer, as set forth in this chapter, and the Primary Code adopted herein by reference. Approval by the Council of an agreement with the county for the said Petroleum Engineer of the county to perform such services shall constitute appointment of the Petroleum Engineer of the county as the Petroleum Engineer of the City, and the appointment of his deputies and assistants as deputies and assistants of the Petroleum Engineer of the City.

(Prior Code § 6-72; Ord. 2019-10, eff. 1/1/20)

Sections 2 and 3 of the Primary Code, having no application to the City, are repealed.

(Prior Code § 6-80; Ord. 2019-10, eff. 1/1/20)

Section 25-6 of the Primary Code is amended in its entirety to provide as follows:

No well shall be located within the following distances from the center line of any City street or any highway within the City as described in the Streets and Highways Element of the General Plan of the City, as the same may be amended from time to time, and the records and maps of the Director of Public Works of the City:

No well shall be located within 200 feet of the nearest rail of a railway which carries passengers for hire.

No well shall be located within 200 feet of any building used for human occupancy, nor shall any such building be erected within 200 feet of any well not abandoned, except buildings incidental to the operation of the well. No well shall be drilled within 150 feet of the outer boundary line of the land included in the lease or unit.

No well shall be located within 500 feet of any building used as a place of public assemblage, institution or school, nor shall any such building be erected within 500 feet of any well not abandoned.

The Engineer may modify or suspend any provisions of this section, in whole or in part, 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 of adjoining properties, the height, character and structure of buildings on adjoining properties, the type and character of oil field development, or he may impose additional safety requirements necessary under the circumstances.

None of the foregoing spacing requirements shall be applicable to any well commenced prior to the time when any street right-of-way, railroad track, or any other improvements, installations, or facilities listed hereinabove shall have been established or construction thereof commenced."

(Prior Code § 6-73; Ord. 2019-10, eff. 1/1/20)

Section 25-9 of the Primary Code is amended in its entirety to provide as follows:

The permit and inspection fees shall be paid to the Treasurer of the City, and shall be credited by him to the general fund; provided, however, that in the event the Council enters into an agreement with the county, whereby the Petroleum Engineer of the City in the enforcement of this chapter, all permit and inspection fees shall be paid and credited in the manner provided in said agreement, as a consideration for the provision of such services as Petroleum Engineer of the City by the Petroleum Engineer of the county.

(Prior Code § 6-74; Ord. 2019-10, eff. 1/1/20)

Section 25-17 of the Primary Code is amended in its entirety to provide as follows:

It is hereby declared to be, and shall be, unlawful for any person within the City to commence drilling or re-drilling operations for petroleum production or for exploratory wells, or to conduct secondary recovery in any well without first obtaining a permit therefor issued by the Engineer. The Engineer shall not issue a permit for drilling a new well for any of the purposes herein expressed until said application, together with the Engineer's report regarding the same, and his intention to grant the same, shall have been made to and approved by the Council. The Council shall consider the same and may continue the consideration of the same for purpose of reference to the Planning Commission of the City or any advisory person, agency or commission deemed appropriate by the Council for a report and recommendation. The action of the Council shall be final and determinative as to whether a new well may be drilled at the proposed location. No provision of this section is to be construed as modifying or limiting in any way the provisions of the zoning ordinance of the City.

(Prior Code § 6-75; Ord. 2019-10, eff. 1/1/20)

Section 25-19 of the Primary Code is amended by amending subsection C thereof to provide in its entirety as follows:

C. The action of the Engineer in granting or denying a permit shall be final and conclusive, except that as to new wells the provisions of Sec. 25-17 shall govern, and further provided the applicant does not seek relief as set forth in Sec. 25-64, Appeals. In the latter instance the procedures under Sec. 25-64 shall govern.

(Prior Code § 6-76; Ord. 2019-10, eff. 1/1/20)

Section 25-35 of the Primary Code is amended in its entirety to provide as follows:

Whenever any permit is granted pursuant to this chapter, or if any permit has been issued pursuant to any ordinance repealed by this chapter, the permittee, in addition to the permit fee required by section 25-18 and set out in Exhibit No. 2 shall pay as an inspection fee, annually in advance, on or before the thirty-first day of January of each calendar year, the annual inspection fee in the amount set out in Exhibit No. 2 for each well. All wells drilled prior to any permit requirements shall also pay such annual inspection fee.

(Prior Code § 6-77; Ord. 2019-10, eff. 1/1/20)

Exhibit No. 2, attached to the Primary Code and expressly made a part of the Primary Code, is amended to read as follows:

"CITY OF SANTA MARIA SCHEDULE OF FEES AND CHARGES "

I. FEES

Permit and inspection fees shall be as provided in the current City of Santa Maria Schedule of Fees and Charges within the Santa Maria Municipal Code.

II. BONDS

A. Single Operation Faithful Performance Bond $5,000.00

B. Blanket Faithful Performance Bond $25,000.00

III. INSURANCE

Minimum $100,000.00 — $300,000.00 Personal Liability and $100,000.00 Property Damage in favor of City of Santa Maria or City added to existing policy of at least minimum amounts specified as a named insured, with a certificate showing such insurance coverage to be furnished to the Engineer before commencement of operations. The Engineer may require additional amounts of personal liability or property damage coverage or both, where the circumstances indicate the need."

(Prior Code § 6-77; Ord. 2019-10, eff. 1/1/20)

Section 25-66 of the Primary Code is amended in its entirety to provide as follows:

25-66. Enforcement.

The Petroleum Engineer of the City and his assistants and deputies shall have the primary responsibility for enforcing the provisions of this chapter. In the event the Engineer is unable to obtain compliance with any of the terms and provisions of this chapter, or of any resolution of the Council adopted pursuant thereto, he may at his option request civil action by the office of the City Attorney or criminal prosecution by the City Attorney, or both such remedies."

(Prior Code § 6-78; Ord. 2019-10, eff. 1/1/20)

Section 25-67 of the Primary Code is amended in its entirety to provide as follows:

Penalties for violation of or non-compliance with any of the terms or provisions of this chapter shall be as provided in Chapter 1-6 of the Santa Maria Municipal Code.

(Prior Code § 6-79; Ord. 2019-10, eff. 1/1/20)