Westminster Municipal Code Ch. 14.08 Drilling and Operation

Except as otherwise provided in Title 17 of this code, it is unlawful and a nuisance to drill any well or wellhole, or to erect any derrick or production equipment, or to operate or maintain same or any part thereof, or any portion of any part thereof, in or upon any real property in the city.

(Prior code § 3320)

It is unlawful hereafter to drill more than one well or wellhole for each full acre contained in the operating unit as defined in Chapter 14.04, in or upon which or as a part of which such well or wellhole is drilled or to be drilled.

(Prior code § 3320.1)

A. It is unlawful hereafter to drill any well or wellhole, the center of which, at the surface of the ground, is located within one hundred feet of a public street, road or highway dedicated prior to the commencement of such drilling, or within one hundred feet of any outer boundary line of the lands which constitute the operating unit (as hereinabove defined) in and upon which such well is drilled.

B. The foregoing provisions of this section shall not apply in the case of any street or highway which is opened through a field in which drilling was commenced prior to the opening of the street or highway.

C. For the purposes of this section, an alley which intersects or lies within any block or other subdivision unit, shall not be deemed such public street, road or highway.

(Prior code § 3320.2)

It is unlawful hereafter to drill any well or wellhole, the center of which, at the surface of the ground, is located within one hundred fifty feet of the center location, at the surface of the ground, of any other wellhole then being drilled, or theretofore drilled, whether completed or not, and which has not been abandoned as required by this chapter.

(Prior code § 3320.3)

A. It is unlawful hereafter to drill any well or wellhole, the center of which, at the surface of the ground, is located within twenty-five feet of any boundary line of the operating unit in and upon which such well is drilled, or within twenty-five feet of any steam boiler, source of ignition, building or structure except existing wellhole, or within twenty-five feet of any public street, road or highway dedicated prior to the commencement of such drilling.

B. It is unlawful hereafter to erect any steam boiler or other source of ignition, or any other building or structure (except any facility or equipment, other than a steam boiler or other source of ignition, used or erected or maintained for use, exclusively in connection with the drilling, operation or maintenance of such well) any portion of which is located within twenty-five feet of the center, at the surface of the ground, of any well or wellhole, the erection of the derrick for which has heretofore been commenced.

(Prior code § 3320.4)

A. It is unlawful hereafter to drill any well or wellhole, the center of which, at the surface of the ground, is located within fifty feet of any building, equipment, apparatus or facility used in connection with any natural gasoline plant or refinery, which is subject to the accumulation or discharge of flammable vapors in quantities which are deemed dangerous by the bureau of fire prevention, or within fifty feet of any tank used or erected or maintained for use for the storage or holding of liquefied petroleum gases.

B. It is unlawful hereafter to erect within fifty feet of the center of any well or wellhole, at the surface of the ground, any building or apparatus which is subject to the accumulation or discharge of flammable vapors in quantities which are deemed dangerous by the bureau of fire prevention, or any tank used or erected or maintained for use for the storage or holding of liquefied petroleum gases.

(Prior code § 3320.5)

It is unlawful hereafter to drill any well or wellhole, or to erect any derrick or production equipment, or hereafter to operate or maintain any of same, whether heretofore or hereafter drilled or erected, unless all portions of such derrick and production equipment are at least five hundred feet from any real property used for public school purposes and at least five hundred feet from any building used for hospital purposes at any place within the city.

(Prior code § 3320.6)

Notwithstanding any other provisions of this chapter, where a parcel of land contains one acre or more and where all or substantially all of the surface of such parcel of land is unavailable for the surface location of oil or gas wells, there may be drilled or produced not more than one well into each acre of such parcel of land, and the surface location of such well may be located upon property which may or may not contain more than one acre or more of surface area, and the property upon the surface of which the surface location of such well may be located may or may not be contiguous to such parcel of land, provided:

A. No operator shall construct or maintain any derrick within one hundred fifty feet of any other derrick then standing of such operator.

B. The surface location of such well, as measured from the center of the hole, shall be not less than twenty-five feet from an outer boundary of the surface of the property upon which such well is located, and shall be not less than twenty-five feet from any dedicated public street, road or highway which is so dedicated and in such public use at the time of the commencement of drilling of such well.

C. The producing interval of such well shall be not less than seventy-five feet from an outer boundary of the parcel of land into which such producing interval is drilled, and the producing interval of such well shall be not less than one hundred fifty feet, as measured horizontally in the same zone, from the producing interval of any other well which is producing or capable of producing oil or gas.

(Prior code § 3320.7)

A. No person shall erect any derrick at any place within the city, or add to, enlarge, move, improve, alter, reconstruct, restore, convert, extend, remove, dismantle or demolish any derrick, whether heretofore or hereafter erected, without first obtaining from the building inspector and city council a permit to do so, as hereinafter and in the building regulations in this code provided.

B. All derricks hereafter erected pursuant to a permit so issued shall be removed within a period of six months from date of erection; provided, however, that extensions of time for not to exceed three successive six month periods may be granted if the permittee shall furnish evidence of the necessity therefor to the satisfaction of the Building Inspector. In any event, any derrick hereafter erected shall be removed within a period of two years from date of erection.

(Prior code § 3320.8)

No person shall erect, at any place within the city, any derrick or hereafter to alter, add to, enlarge, move, improve, reconstruct, restore, convert, extend, remove, dismantle or demolish same or any part there-of, whether heretofore or hereafter erected, without first obtaining from the bureau of fire prevention a permit to do so, as hereinafter provided.

(Prior code § 3320.9)

The building inspector, city council and the bureau of fire prevention may impose any of the following conditions in any permit required by this code, and issued by their respective departments, as may be deemed necessary for the security, safety, welfare and protection of the public; provided, that in the event the applicant is unwilling to accept such a permit containing special conditions, he shall have the right to appeal to the council for review of the special conditions imposed, and the decision of the council shall be final:

A. Following a testing period of not to exceed thirty days, the pumping unit established at the well site shall be installed so that no part thereof shall be above the surface of the ground.

B. Following a testing period of not to exceed thirty days, all oil produced shall be carried away from the site through pipe lines.

C. No open pits, sumps or basins shall be permitted at the site of a producing well.

D. Upon completion of the drilling of a well, in event production is obtained, the premises shall be placed in a clean and orderly condition and shall be landscaped with a planting of quick-growing trees and/or shrubs so as to screen from the public view the tanks and other permanent equipment. All such landscaping, shrubbery and trees shall be kept in good condition.

E. Except in case of emergency, no materials, equipment, tools or pipe used for drilled operations shall be delivered to or removed from the drilling site except between the hours of seven a.m. and seven p.m. of any day.

F. No oil shall be removed by truck from the well site between the hours of eight p.m. to six a.m.

G. No commercial refining process or any process for the extraction of products from natural gas shall be carried on at the well site.

H. Permanent structures and equipment shall be painted a neutral color so as to blend in with natural surroundings.

I. All private roads used for ingress and egress to and from the well site shall be surfaced and properly maintained during drilling and production operations.

J. Drilling shall not be permitted within three hundred feet of any residence.

K. Signs shall not be constructed, erected, maintained or placed on the premises or any part thereof, except those required by law or ordinance to be displayed in connection with the drilling or maintenance of the well.

L. No earthen sump shall be permitted.

M. No tanks, apparatus or equipment shall be erected, installed or maintained above the surface of the ground.

N. Derricks and drilling equipment shall be enclosed with soundproofing materials approved by the building inspector.

(Prior code § 3320.10)

It is unlawful and a nuisance for any person to drill any well or wellhole, or to erect any derrick or production equipment, or to operate or maintain same or any part thereof, unless such drilling, erection, operation and maintenance are conducted and performed in accordance with, and unless such derrick and production equipment at all times conform to the standards and requirements hereinafter in this chapter set forth, and any permit which is issued or required hereunder is and shall be conditioned upon the faithful observance by the permittee at all times of each and all of said standards and requirements, whether or not it is so specified in such permit.

(Prior code § 3320.11)

The drilling, operation and maintenance of the well, and all other operations of the permittee under the permit, shall at all times be carried on in a lawful, careful and workmanlike manner, in accordance with modern and approved methods and practices then prevailing in the oil industry in the field in which said operations are conducted.

(Prior code § 3320.12)

A. All derricks hereafter erected within the city shall be constructed of non-combustible material; except, that the derrick floors, pump-house floors, double board, fourble board, pipe racks, sills, postings, walkways, mud ditches, bull wheels, calf wheels and band wheels may be of wooden construction.

B. All derricks hereafter erected shall meet the minimum requirements of American Petroleum Institute Standard 4-a, 14th Edition, a copy of which is on file in the office of the city clerk, unless otherwise designed as an alternate method of erection as hereinafter provided. Any alternate method proposed for the erection of steel derricks which may be deemed to be equal or better than required by said standard shall require the approval of the building inspector.

C. All portable masts shall meet the requirements of American Petroleum Institute Standard 4-D, 2nd Edition, January 1953, a copy of which is on file in the office of the city clerk.

D. No derrick shall be enclosed until a permit has been issued by the building inspector. Application for such permit shall be accompanied by an engineering design showing compliance with the following wind load conditions: derricks shall be designed to resist fifteen pounds per square foot on those portions of the derrick less than sixty feet above grade, and twenty pounds per square foot on those portions of the derrick more than sixty feet above grade. The dead load moment of stability of oil derricks shall not be less than one and one-half times the overturning moment caused by the application of the lateral force.

E. Guy wires attached to oil well derricks shall not be suspended over a public thoroughfare.

(Prior code § 3320.13)

Every oil wellhole site shall have placed thereon in a conspicuous place, as designated or approved by the building inspector, a legible sign not less than twelve by twenty-four inches with the name of the owner, name or number of lease and number of well printed thereon. Such sign shall be placed within forty-eight hours after the erection of the derrick, and shall be maintained in good condition at all times.

(Prior code § 3320.14)

Lights shall be installed and at all times maintained on each and every derrick erected in the city, in compliance with the rules and regulations of the United States Bureau of Air Commerce, United States Navy Department and the various subdivisions thereof, and of the United States War Department and the various subdivisions thereof.

(Prior code § 3320.15)

In the event any survey made of the wellhole discloses that such wellhole, during any part of its course, trespasses upon any land owned by or in which the city has or claims to have any right, title or interest, the permit may be revoked as hereinafter provided; and, in the event any such survey shows that the well, during any part of its course, does so trespass, all proceeds and avails of any sale, or the market value of all oil, gas or other hydrocarbon substances produced and saved or sold from or through such wellhole or well shall, immediately upon the production or sale thereof, be deposited and impounded, without any deduction whatsoever for royalty or cost of producing or marketing such oil, other than any reasonable expense of dehydration, in a solvent and reputable bank in the city and shall not be released or withdrawn therefrom until the ownership thereof has been determined by a court of competent jurisdiction.

(Prior code § 3320.16)

All wells shall be equipped with casings of sufficient strength and with such other safety devices (including blowout prevention equipment) as may be necessary or required by and in accordance with methods approved by the State Oil and Gas Supervisor, which casings and other safety devices shall at all times be kept, installed and maintained, and the utmost care and diligence shall be used, to effectually prevent blowouts, explosions and fires. The permittee shall at all times comply with and abide by all safety orders of the Industrial Accident Commission of the state of California.

(Prior code § 3320.17)

Oil and gas separating equipment of approved design shall be installed and maintained for every well or wells connected thereto until the quantity of gas produced from the well is less than twenty thousand cubic feet for each twenty-four hours; provided, however, that when the gas produced is separated from the oil in tanks which are equipped with a vapor-collecting system of an approved type or design, the gas separating equipment may be omitted from the well or wells.

(Prior code § 3320.18)

No person shall discharge or cause or suffer to be discharged into the air any substantial amount of natural gas, either before or after the removal of the gasoline therefrom, and any such discharge may be temporarily excused solely by an act of God, or other causes beyond the reasonable control of such person while in the exercise of utmost care and diligence.

(Prior code § 3320.19)

No person shall cause or permit to be expelled, discharged or blown off any steam or other mist-forming vapor into, upon, along or across any street within the city.

(Prior code § 3320.20)

A. No person owning, having possession of or in control of any oil well in this city shall maintain or allow to exist in connection therewith any moving parts of operating machinery in use or intended to be used at any oil well, including all drilling or production equipment, unless such machinery or moving parts are securely enclosed by a housing, screen or chain-link-type fence, or other approved industrial-type fence sufficient to prevent at all times the entry of unauthorized persons to said moving parts. Any fence or screen constructed pursuant hereto shall not be less than six feet in height, and if such housing, screen or fence is six feet in height, and if such housing, screen or fence is equipped with gates, such gates must have secure latches sufficient to prevent the entry of unauthorized persons. A single fence of the type described above enclosing one or more oil wells shall satisfy the requirements of this subsection. All housing, screens or fences required by this section must be approved by the building inspector and the bureau of fire prevention.

B. These requirements as to housing, screens and fences shall not apply if a competent person is in constant attendance twenty-four hours a day at each oil well.

C. There shall be attached to the housing, screen or fence, on at least two sides, a metal sign with the words "Keep Out." Such sign shall not be less than eight inches by eighteen inches in dimension, and letters shall be not less than five inches high on a contrasting background, and shall be maintained in good condition at all times.

(Prior code § 3320.21)

A. The engines used in connection with the drilling of any oil well and/or any production equipment shall be equipped with an exhaust muffler or mufflers, or an exhaust muffler box, sufficient to suppress noise and to prevent the escape of obnoxious gases, fumes or sparks or ignited carbon or soot. The type and design of any muffler or muffler box shall be approved by the building inspector and by the Bureau of Fire Prevention.

B. The operating of oilfield production equipment shall not increase the ambient noise level at any given time by more than three decibels in any octave band, when measured at a distance of fifty feet from the oilfield production equipment in question. The ambient noise level, for the purpose of this section, shall be the average of sound-level meter readings taken consecutively at any given time from four or more diametrically opposite positions within an area not more than five hundred feet nor less than two hundred feet from the oilfield production equipment in question; all such readings to be taken at a distance and in such a manner as to obtain the surrounding noise level, as distinguished from the noise level produced by the oil-field production equipment. However, if the ambient noise level is less than sixty decibels, the production equipment shall not generate a noise level in excess of sixty decibels, measured at a distance of fifty feet from such equipment; provided, that this subsection shall not apply to production equipment located one thousand feet or more from the nearest occupied dwelling (except a dwelling occupied in connection with said oilfield operations); provided further, that any production equipment located one thousand feet or more from the nearest dwelling (except a dwelling occupied in connection with said oil field operations) shall not generate a noise level in excess of eighty decibels at a distance of fifty feet from said production equipment. All sound-level meter performance, including definitions and units, shall be in accordance with American Standards Association, Standards Z-24.1, A-24.2 and Z-24.3, copies of which are on file in the office of the city clerk.

(Prior code § 3320.22)

No steam-driven equipment shall be used in drilling or redrilling operations.

(Prior code § 3320.23)

All electrical equipment used, or designed, installed or maintained for use in connection with the drilling of any well or wellhole, or the erection of any derrick or production equipment, or the operation or maintenance of any part thereof, or installed or maintained on any premises covered by any permit hereunder, shall be installed and maintained in accordance with the provisions of this code regulating electrical construction, and any and all other ordinances of the city applicable thereto, and work such as power lines shall be installed in accordance with General Order 64-A of the California Railroad Commission. Adequate provision, to the satisfaction of the city electrician, shall be made for the grounding of all containers or receptacles used for petroleum or any products thereof, or any flammable liquids before any such liquids are moved or deposited therein. All spur tracks shall be electrically bonded in accordance with the regulations of the American Railway Association.

(Prior code § 3320.24)

All oil, gas, and other hydrocarbons and other flammable liquids, and all waste oil or waste flammable liquids (including water mixed with or contaminated by oil or waste oil, or by flammable liquids or waste flammable liquids or by oily fluids or substances) which are obtained or produced by or from, or which are collected, kept, stored, held, handled or used in connection with the drilling, operation or maintenance of any oil well or wellhole, or in connection with the operation or maintenance of any production equipment therefor, and all mud which is kept, stored, held, handled or used in connection with the drilling, operation or maintenance of any well or wellhole, shall be collected, confined, kept, stored, held and handled as hereinafter provided.

(Prior code § 3320.25)

All lands within twenty-five feet of any part of any derrick or production equipment, and the entire area within any retaining wall around any tank, shall be at all times kept free and clear from dry weeds, vegetation, rubbish or other inflammable waste material, and all of the premises covered by the permit shall be kept free of any rubbish, waste or other substances or materials which may afford food or a harboring or breeding place for rats or vermin, and from any loose lumber, pipes or materials which in the opinion of the bureau of fire prevention constitute a fire hazard or an obstruction to or interference with fighting or controlling fires.

(Prior code § 3320.26)

No person shall smoke, throw, place or deposit any lighted cigar, cigarette, ash, match or other smoldering substances within twenty-five feet of any derrick, production equipment, tank or sump containing petroleum or any products thereof, or any flammable liquids. "NO SMOKING" signs shall be posted and maintained upon the property on which such derricks, production equipment, tanks or sumps are located. All such signs shall have letters at least four inches in height, and shall be posted and maintained at locations approved or designated by the bureau of fire prevention.

(Prior code § 3320.27)

There shall be installed on or in the vicinity of every derrick and maintained thereon at all times during the drilling of any well, and at all times when workmen are present during the pulling of rods or tubing or cleaning out of any well, a sufficient number of fire extinguishers, the number, type and locations thereof to be as designated by the bureau of fire prevention. All fire extinguishers shall bear the label of the Underwriters' Laboratory, Inc., and shall be kept filled with the proper fluid or gas at all times. When of the foam type, such extinguishers shall be recharged not less than once every twelve months.

(Prior code § 3320.28)

Each operating unit shall be provided with access to a toilet or toilets located so that there shall be a toilet available within five hundred feet of each derrick or well, and said toilet or toilets shall be installed and connected to the sewer system or to a cesspool in accordance with law and the ordinances of the city governing such work.

(Prior code § 3320.29)

The permittee shall give prompt notice to the city of any and all accidents, including injuries to persons and damage to property occurring on property of the city or other public property, and arising out of or incidental to any operations of the permittee; except, that such notice shall not be required of injuries sustained by employees of the permittee while acting within the course of their employment and who are subject to and are covered by the provisions of the "Workmen's Compensation Insurance and Safety Act" of the state of California.

(Prior code § 3320.30)

Upon the final and permanent cessation or abandonment of all operations for the production of oil, gas or other hydrocarbons by or from any well, whether completed or not, or upon the revocation, neglect or failure to obtain or to maintain in full force and effect under the provisions of this chapter the permit required to be obtained to drill, operate or maintain any well or wellhole, or to erect, operate or maintain the derrick or production equipment therefor, whichever occurs at the earlier date, the permittee shall:

A. Cause said well and wellhole to be permanently and finally abandoned in strict accordance with the rules and regulations of the Division of Oil and Gas of the state of California, or any regulatory authority having jurisdiction thereof;

B. Cause to be dismantled, demolished and/or removed from the premises on which same are situated and in a manner approved by the building inspector, the derrick and production equipment for such well (including any concrete foundations) which are not necessary to be maintained on the premises on which the same are situated for the operation or maintenance of other wells of the permittee in the vicinity, and for which other wells of the necessary permits hereunder have been obtained and kept and are then in full force and effect;

C. Cause all sumps, cellars and ditches which are not necessary to be maintained for the operation or maintenance of such other wells of the permittee in the vicinity, as aforesaid, to be cleaned out, and all oil, rotary mud and rubbish removed therefrom and the sumps, cellars and ditches leveled or filled with clean dirt and, where same are lined with concrete, shall cause the walls and bottom to be broken up and removed to the satisfaction of the building inspector;

D. Cause the premises on which said well, wellhole, derrick and production equipment so abandoned, dismantled and/or removed are, or were, situated, and the premises in the vicinity thereof, including all of the premises covered by the permit issued to the permittee, or under which the permittee is operating, to be cleaned and graded and left entirely free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, debris and other substances, and left in a clean and neat condition, all to the satisfaction of the bureau of fire prevention; and

E. Cause all streets, sidewalks and other public places in, and property of the city which may have been disturbed or damaged, either directly or indirectly, by reason of or in connection with, or incidental to, any operation of principal, or any operations on or from the premises covered by said permit, including operations for the abandonment of said well, to be cleaned and, except for ordinary wear and tear of public streets and highways, restored to substantially the condition thereof at the time of the issuance of such permit, or at the time the first operations were commenced in connection with the drilling, operation or maintenance of said well, whichever may be earlier, all to the satisfaction of the building inspector.

(Prior code § 3320.31)

The council, or any officer or employee of the city, or other agent designated for that purpose, shall have the right and privilege at any time to enter upon any premises upon or from which any operations are being conducted for which any permit has been issued or is required hereunder, for the purpose of making any of the inspections in this chapter, or in any other ordinance of the board or the city, provided to be made, or for any other lawful purpose.

(Prior code § 3320.32)

Any permit issued by the city council pursuant to the provisions of this chapter may be revoked by the council upon finding, after nearing as hereinafter specified, either:

A. That the permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions of his permit; or

B. That the permittee has failed or neglected or refused to comply with or abide by, or has in any way violated any of the provisions of this chapter, or of any other ordinance of the city, or any other law, rule or regulation, either directly or indirectly, by reason of or in connection with or incidental to his operations under the permit, or upon the premises covered by said permit; or

C. If any of the permittee's operations or the continuance thereof upon the premises covered by his permit are, or are likely to become, a menace or hazard to private or public property, or to any interest of the city, or to the lives or safety of persons; or

D. If the permittee has made any wilful misrepresentation of fact in any application for any such permit, or in any report or record required by this chapter to be filed or furnished by the permittee.

(Prior code § 3320.33)

No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof, or after the revocation thereof, or pending a judgment of the court upon any application for writ taken to review the decision or order of the council in suspending or revoking such permit; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation for which a suspension of the permit was ordered by the council, or such operations as may be necessary for the safety of persons and the protection and preservation of property, not including the oil or gas or other hydrocarbons underlying the premises on which said well is situated and/or which are recoverable by and from said well.

(Prior code § 3320.34)