Signal Hill Municipal Code Ch. 16.04 General Provisions

This title shall be known and may be cited as the “City of Signal Hill Oil and Gas Code.”

(Ord. 2015-05-1475 § 2 (part); Ord. 90-08-1074 § 4 (part))

It is the intent and purpose of this title to regulate the drilling for production, processing, storage and transport by pipeline of petroleum and other hydrocarbon substances, timely and proper well abandonment and well site restoration and removal of oil and gas related facilities, reclamation and remediation of host sites and final disposition of pipelines in compliance with applicable laws and permits so that these activities may be conducted in conformance with federal, state, and local requirements, and to mitigate the impact of oil-related activities on urban development.

To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety, and general welfare.

(Ord. 2015-05-1475 § 2 (part); Ord. 90-08-1074 § 4 (part))

This title, insofar as it regulates petroleum operations also regulated by the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR), is intended to supplement such state regulations and to be in furtherance and support thereof. In all cases where there is conflict with state laws or regulations, such state laws or regulations shall prevail over any contradictory provisions, or contradictory prohibitions or requirements, made pursuant to this title.

(Ord. 2015-05-1475 § 2 (part))

Wherever provisions or requirements of this title and any other code or law conflict, the most restrictive title, code or law shall govern exclusively, unless there are specific preemptions established by law.

(Ord. 90-08-1074 § 4 (part))

A. Oil Services Coordinator. It shall be the duty of the oil services coordinator or his duly appointed representative to enforce the provisions of this title, unless other officials are specified.

B. City Petroleum Engineer. It shall be the duty of the city’s Registered Professional Petroleum Engineer to verify that well abandonments meet the city’s equivalency standard for abandonment. (Ord. 2015-05-1475 § 2 (part); Ord. 90-08-1074 § 4 (part))

A. All drilling, redrilling, rework or construction for which a permit is required shall be subject to inspection by the oil services coordinator. No drilling, redrilling, reworking, or construction work for any new phase of a project shall be done until inspections deemed necessary by the oil services coordinator have been made and required approvals granted.

B. It shall be the duty of the operator or his designated agent to notify the oil services coordinator that work is ready for inspection.

(Ord. 90-08-1074 § 4 (part))

Any officer or employee of the city, or his duly appointed representative, whose duties require the inspection of the premises shall have the right and privilege at all reasonable times, to enter upon any premises upon or from which any operations are being conducted for which any permit has been issued or is required under this title, for the purpose of making any of the inspections pursuant to this title, or in any other ordinance of the city, or for any other lawful purpose. No owner, occupant, or any other person having charge, care, or control of any building or premises shall fail or neglect, after twenty-four hour notice, or upon shorter notice or no advance notice in emergency situations, to permit entry therein, pursuant to this section.

(Ord. 90-08-1074 § 4 (part))

A. Repair and correction notices. Notices requiring repair or corrections provided by this title shall be issued by the Oil Services Coordinator consistent with titles 15 and 20 of the Signal Hill Municipal Code.

B. Service of notices.

1. Every operator of any oil well shall designate an agent, who must be a resident of the state during all times he or she serves as agent, upon whom all orders and notices provided in this title may be served in person or by mail. Every operator so designating such agent shall within five days, notify the Oil Services Coordinator in writing of any change in such agent or such mailing address unless operations within the city are discontinued.

2. Any notice served pursuant to this title shall be deemed received five days after said notice, properly addressed, is placed in the United States postal service, postage prepaid.

C. Change of operator. The operator shall submit to the Oil Services Coordinator a copy of the DOGGR report of property/well transfer/acquisition within thirty days after sale, assignment, transfer, conveyance, or exchange. A change of operator will require that a new permit be issued within thirty days after the sale, assignment, transfer, conveyance or exchange and a prorated annual fee shall be paid for any well required to have a permit in accordance with Chapter 16.12 of the Signal Hill Municipal Code.

(Ord. 2015-05-1475 § 2 (part); Ord. 90-08-1074 § 4 (part))

A. If at any time the oil services coordinator finds that any operator is violating any of the provisions of this title, which affect public health and safety, with concurrence of the D.O.G., he may issue a stop order for immediate cessation of operations. A copy of the stop order shall be served upon the operator or the operator's agent designated pursuant to Section 16.04.070(B). The operator shall immediately comply with the order of the oil services coordinator to cease and shall not resume such operations until written consent therefor by the oil services coordinator has been obtained, or unless ordered by the California Division of Oil and Gas (D.O.G.) due to special or emergency circumstances. Upon written request by the operator or a request by D.O.G., the oil services coordinator may stay compliance with the stop order until such operator has appealed the determination of the oil services coordinator.

B. Appeals.

1. Any operator may appeal the inspector's stop order to the city council by filing a written notice of the appeal with the city clerk within ten days of service of the stop order. The notice shall state all grounds for the appeal and be accompanied by an appeal fee. The city council shall, at its next regular meeting from the filing of the notice of the appeal, conduct a hearing thereon, at which the operator shall be given an opportunity to present any evidence why the stop order should be modified or vacated. The hearing may be continued by city council from time to time.

2. After receiving evidence proffered on the appeal and closing the hearing, city council shall render its decision on the appeal within thirty days. The city council may affirm, conditionally affirm, vacate, or otherwise modify any aspect of the stop order.

Variances from the requirements contained in this title shall be processed considered in accordance with Chapter 20.84 of this code. Applications for variances shall be accompanied by a variance fee.

(Ord. 90-08-1074 § 4 (part))

Any use, operation, building, tank, pipeline, site, or structure excavation, sump, hereafter erected, built, maintained, used, or conducted contrary to the provisions of this title is hereby deemed to constitute a public nuisance, and shall be subject to abatement pursuant to Chapter 8.12 of this code. The oil services coordinator is specifically authorized to seek and obtain injunctive relief against the creation, maintenance, or allowance of any such nuisance.

(Ord. 90-08-1074 § 4 (part))

Any violation of any provision of this title shall constitute a misdemeanor punishable as prescribed in Chapter 1.16 of this code.

(Ord. 90-08-1074 § 4 (part))

The penalties for the violation of any provision of this title shall be as prescribed in Chapters 1.16 and 8.12 of this code.

(Ord. 90-08-1074 § 4 (part))

For purpose of reviewing matters related to the administration of the oil code or oil field activities, generally an oil advisory committee is established. Members shall include one city councilmember, the city manager, fire chief, city engineer, planning director, redevelopment director, oil services coordinator, one member of each from the Division of Oil and Gas, the Western State Petroleum Association, California Independent Petroleum Association, two members representing unit operators and two members representing local independent producers. Meetings shall be held within ten working days after the city receives a request from at least three committee members.

(Ord. 90-08-1074 § 4 (part))