Susanville Municipal Code Art. I General Administrative Provisions

The purpose of this chapter is to provide comprehensive management of the geothermal resources and thermal groundwaters within and adjacent to the city. In furtherance of this overall purpose, this chapter is specifically intended to serve the following subpurposes:

A. Conservation and beneficial management of geothermal resources and thermal groundwaters within the city in comprehensive and coordinated manner, so as to assure their continued availability and productivity;

B. Continued technical assistance for individual private geothermal resource and thermal groundwater uses, including residential, commercial and industrial activities within the city;

C. Maximization of the public welfare and economical benefit to be derived from geothermal resources and thermal groundwaters, by extending their availability throughout the city and elsewhere as much as practical with city geothermal services;

D. Minimization of the potential for damage or degradation to geothermal resources and thermal groundwaters;

E. Protection of the surface and subsurface environment during development and utilization of geothermal resources and thermal groundwaters within the city;

F. Advancement of the scientific study of geothermal resources and thermal groundwaters, through the collection and dissemination of resource data and the demonstration of geothermal technologies;

G. Implementation of the city's general plan and its goals and policies for geothermal development and unitization;

H. Coordination with the provisions of Division 3 and Division 6 of the Public Resources Code, and any amendments thereon.

(Prior code § 23.1)

This chapter includes general provisions for administration of this chapter; the establishment of, and operating measures for, a city-owned and -operated geothermal district and geothermal service in the city; and the establishment of geothermal and thermal groundwater reservoir management procedures.

(Prior code § 23.2)

For the purpose of carrying out the intent of this chapter, the words, phrases and terms set forth in this chapter shall be deemed to have the meaning ascribed to them in this section.

"Altering"

means the deepening, reaming, recasing, perforating, reperforating, installation of packers or seals, and other material changes in the design or operation of a well.

"Applicant"

means the person making application for a geothermal connection or geothermal service from the city under the provisions of this chapter.

"Btu"

means British thermal unit.

"Byproduct"

means any mineral or minerals (exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substance) which are found in solution or in association with geothermal resources.

"Cascaded use"

means any use which receives the city geothermal service from fluids discharged by a foregoing use, prior to the return of such fluids to a city geothermal service pipeline.

"City"

means the city of Susanville.

"Commission"

means the Susanville utility commission.

"Constructing"

means the boring, digging, drilling or excavating of a well, including the installation of casing or well screens, and other facilities pertinent to development of geothermal resources.

"Council"

means the city council of the city of Susanville.

"Department"

means the public works department of the city of Susanville.

"Department of public works"

means and includes the city office which acts as a geothermal information clearing-house and data repository and is maintained in the public works department.

"Director of public works"

means director of the public works department of the city, or the director's authorized representative.

"Drilling a well"

means the drilling, redrilling and deepening of a well within the city.

"Drilling site"

means any site within the city where drilling operations will be, are being, or have been undertaken to construct or alter a well.

"Geothermal facility"

means any space or process heating or cooling apparatus or system used to pump, convey or transport geothermal resources or thermal groundwater, including, but not limited to, groundwater heat pumps, fluid heat exchangers, well and circulating pumps, pipelines, valves, fittings or controls.

"Geothermal fluid"

means any fluid transporting or capable of transporting geothermal heat.

"Geothermal heat"

means heat derived from geothermal resources.

"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, or created by, or which may be extracted from, the 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, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, but including specifically:

A.

All products of geothermal processes, embracing indigenous steam, hot water and hot brines;

B.

Steam and gases, hot water and hot brines resulting from water, gas or other fluids artificially introduced into geothermal formations;

C.

Heat or other associated energy found in geothermal formations; and

D.

Any byproduct derived from them.

"Geothermal service"

means the provision of geothermal fluid by the city to a user pursuant to Article II of this chapter.

"Groundwater"

means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands, flows, percolates, or otherwise moves.

"Heat rate"

means the user fee schedule charged by the city for geothermal service according to a rate schedule adopted by a recommendation of the commission, approved by resolution of the city council.

"Inhabitant"

means businesses and persons within the city.

"Injection well"

means a well constructed, altered, operated or maintained for purpose of injecting geothermal fluids or thermal groundwater into the ground.

"Owner"

means the holder of the record title to real property or the vendee under a recorded land sale contract or any lessee with the lessor's written consent. Owner does not include those who solely own mineral or geothermal rights in real property.

"Person"

means an individual person, firm, partnership, association, social or fraternal organization, corporation, nonprofit corporation, trust, estate, receiver, syndicate, branch of government, or similar entities, any group combination acting as a unit, or the successors or assigns of any of the aforesaid.

"Prospect well"

means any well constructed or altered as a geophysical test well, seismic shot hole, mineral exploration drilling, core drilling or temperature gradient test well and constructed or altered specifically in prospecting for geothermal resources.

"Service connection"

means that part of the city geothermal service distribution system which connects the city's meter and pipeline to the user's pipeline.

"Therm"

means a unit of measure consisting of one hundred thousand Btu's. This unit is used to measure delivered geothermal heat for billing purposes.

"Thermal groundwater"

means groundwater which is of a temperature greater than ambient groundwater.

"User"

means a person who receives or is capable of receiving geothermal heat and/or fluids from the city.

"User service pipeline"

means the private pipeline that connects the user's private geothermal system to the city's meter and distribution pipeline.

"Water well contractor and drilling machine operator"

is as defined by ordinance or state law, and any amendment thereto.

"Well"

means any artificial opening or artificially altered natural opening, however made, by which geothermal fluids or thermal groundwater is sought or through which geothermal fluids or thermal groundwater flows under natural pressure or is artificially withdrawn, or is used to operate a heat exchanger within the well, provided that this definition shall not include a natural spring.

"Well drilling machine"

means any machine or equipment used in the construction or alteration of wells.

(Prior code § 23.4—23.17, 23.19—23.39)

The rates, service charges, connection fees, and such other charges as provided for by this chapter shall be established by recommendation of the commission and resolution of the city council, and may be amended upon recommendation of the commission, as approved by resolution of the city council, at any time. Rates charged may be fixed and classified according to the type of use or the amount of geothermal resources and/or fluid used or any combination thereof. Such rates, fees and charges shall not be changed without a public hearing first being held before the city council. Such hearing shall be advertised by published notice as required by state law. (See Government Code Section 66018.)

(Prior code § 23.40)

A. Geothermal Service Map. The location of geothermal service facilities are hereby established on the map entitled, "Susanville Geothermal Service Map" as presently on file in the department of public works, which map is incorporated herein by reference. The map shall hereinafter be referred to as the "Geothermal Service Map," and shall be maintained on file in the department of public works. Any revision or replacement of this map shall be likewise filed and incorporated into this chapter by reference.

B. Public Works Department Geothermal User Service Pipeline Connection Standards. Pipeline connection standards shall be established by the director of public works.

(Prior code § 23.41)

All actions pursuant to this chapter and all uses of land in conjunction herewith shall conform to the city's general plan, all other applicable code provisions and ordinances, and applicable state statutes.

(Prior code § 23.42)

Any decision rendered by administrative officials of the department pursuant to this chapter may be appealed to the commission. Such appeal shall be in writing, shall identify the administrative decision appealed from, the specific grounds for appeal, and shall be filed with the director of public works not more than 14 days following the date of the notice to the affected party of the administrative decision. The commission shall consider the appeal at its next regular meeting following the filing of the appeal, and upon considering all pertinent testimony and evidence, may sustain, modify or reverse the decision appealed from. The commission shall provide a written report of its decision to the affected party by certified mail within five days of the commission's action. Within 10 days following receipt of the commission's written decision, the affected party may appeal the commission's decision to the city council, by filing a written notice of appeal with the specific grounds for appeal stated thereon, with the city clerk. The city clerk shall set the matter for consideration before the city council at its next regular meeting following filing of the appeal. The decision of the city council on the appeal shall be final, and the council may for good cause, continue the matter to a later meeting date.

(Prior code § 23.43)