Woodlake Municipal Code Ch. 8.32 Oil and Gas Wells

In the manner and upon the terms and conditions hereinafter set forth in this chapter, it shall be lawful for any person, partnership, association of persons or any corporation to drill a well or wells for oil and gas or either thereof within the city.

(Ord. 140 § 1, 1960)

It is unlawful for any person, firm or corporation to construct or commence to construct, maintain or use, within the boundaries of the city, any derrick or any other structure, appliance, apparatus or machinery proposed or intended to be used, or used for or in connection with the drilling for, or for or in connection with the production of oil, gas and/or other hydrocarbon substances without first obtaining a written permit therefor to be issued by the city clerk in accordance with the terms of this chapter.

(Ord. 140 § 2, 1960)

Each application for permit required by Section 8.32.020 shall be made in writing and signed by the applicant or his or its duly authorized representative and filed with the city clerk.

The city clerk shall not receive for filing any application hereunder unless the application is accompanied by applicant's certified check payable to the city in the sum of two hundred dollars ($200.00) in payment of investigating and permit filing fee. In the event, and at such time any application for such permit be denied by the council, the fee, less the necessary costs and expenses incurred by the city in making investigation of such application, shall be refunded to the applicant, his or its heirs, executors, successors or assigns; provided, however, that the minimum amount of such costs and expense of investigation is fixed in the sum of twenty-five dollars ($25.00) and the minimum amount shall, in any event, be retained by the city and shall not be subject to refund.

Whenever any permit is granted pursuant to this chapter, the permittee, in addition to the investigation and permit fee as above provided to be paid, shall thereafter, in connection with each such permit, and as a condition of continuing such permit in force and effect, pay to the city an annual permit renewal and inspection fee in the amount of fifty dollars ($50.00) and the annual permit renewal and inspection fee shall be due and payable on the first day of January following the issuance of the permit and on the first day of January in each year thereafter.

Each such application shall contain and be accompanied by the following:

A. The name and addresses, both business and residence of applicant; if more than one applicant joins in the application the names and addresses, both business and residence of each such person must be stated; if the application is made in the name of a partnership, the name and addresses, both business and residence, of each partner must be stated; if applicant is a corporation, a statement must be made including and showing the laws under which it is incorporated, the place and address of its principal place of business in the state of California, together with the names and respective titles of its officers who will be in charge of its operations under the permit applied for, and of its general manager;

B. A statement of the type of construction, dimensions and location of such derrick, together with the purpose or purposes for which permit is desired;

C. A detailed description of the real property proposed or intended to be used, or used, for any of the purposes aforesaid, together with a statement of the acreage, or number of square feet, contained with the boundaries of the description;

D. A map or plat of the real property which is required to be described in detail in the application, drawn to scale, which map or plat shall have been prepared and verified by a licensed land surveyor, or a registered civil engineer so licensed or registered in the state of California, and on which map or plat shall be shown and indicated:

1. The location of the center of well-hole proposed to be drilled, operated and/or maintained thereon,

2. All existing buildings, improvements and other structures on the real property within a radius of three hundred (300) feet from the center of the proposed well-hole;

E. Any and all other information that the city council may, in its discretion, deem pertinent in connection with the permitted operations, and shall from time to time require.

F. A written agreement duly executed by applicant that, in the event a permit is issued to him by the city council pursuant to such application, he will, as a condition to any of his operations within the city, faithfully comply with and abide by each and all of the provisions, requirements and conditions of the permit issued to him, as permittee, and of this chapter and with all ordinances of the city, laws of the state of California, laws of the United States of America, and with all lawful orders of the city clerk in any manner pertaining or applying to any of the operations or proposed operations of applicant.

(Ord. 140 § 3, 1960)

The city council shall have the power and reserves the authority, after a hearing to be held only upon ten days' notice to applicant, to refuse any application for a permit where, by reason of the location of the proposed well and the character and value of the permanent improvements already erected on the property upon which it is proposed to drill such well, and the use to which such property is adapted for civic purposes, or for sanitary reasons, or for fire protection or for the protection of the common convenience, prosperity and welfare of the inhabitants of the city as a whole, the drilling of such well will be of serious disadvantage to the city and its inhabitants as a whole. The decision of the city council upon such hearing shall be final.

(Ord. 140 § 4, 1960)

Upon an application being approved by the city council, the city clerk shall then issue a permit for the erection and maintenance of the derrick and the permit shall specify the location of the derrick authorized to be constructed. It is unlawful for the applicant to deviate from the terms of the permit as issued or drill elsewhere under such permit at places other than as specified in the permit.

A. Duration of Permit. When a permit shall have been issued it shall terminate and become inoperative without any action on the part of the city;

1. Unless within sixty (60) days from the date of issue of the permit, actual drilling of the well shall have been commenced; or

2. If drilling or other work upon the well shall cease for a period of ninety (90) days, in which event it shall be presumed that the holder of such permit has abandoned the drilling of such well, unless such drilling or production operations shall have been temporarily suspended by the State Division of Oil and Gas, and unless such period shall be extended by the city council upon petition therefor and good cause being shown to the satisfaction of the city council.

Any resumption of operations for a period of less than thirty (30) consecutive six-hour days, exclusive of holidays, shall not be considered a resumption of operations;

3. Unless revoked as hereinafter provided for.

(Ord. 140 § 5, 1960)

In the event that any person, firm or corporation to whom a permit has been issued to erect, construct, maintain or use any such derrick, and appurtenances, within the city, shall violate any of the provisions of this chapter, or any other city ordinance, or state or federal law appertaining to the erection, construction, maintenance or use of any of the above, the city council may revoke the permit issued to any such person, firm or corporation; provided, however, that no permit shall be revoked until after a public hearing as hereinafter provided has been had by the city council in the matter of the revocation of the permit. Notice of the hearing shall be given in writing and served upon the holder of such permit, or for whom such permit is issued in the name of one or more persons, or his or their agent or manager, which notice shall state the ground of complaint against the holder or holders, and shall state the time and place where and when such hearing shall be had.

Such notices shall be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to the permittee at the last known address of such person, firm or corporation on file in the office of the city clerk.

Such notice shall be mailed as hereinbefore provided at least ten days prior to such hearing. It shall be the responsibility of the permittee to maintain his proper address on file with the city clerk and no failure on the part of the permittee to receive the notice shall operate as a bar to any proceeding or affect its validity.

(Ord. 140 § 6, 1960)

No person shall construct, locate, maintain or operate any petroleum well derrick in the territory described in Section 8.32.010 in such a manner that the center of the well hole is:

A. Within two hundred (200) feet of any public street, sidewalk or highway, in public use prior to the commencement of drilling of such well, except any alley intersecting or lying within any block or other subdivision unit; unless otherwise permitted by the city council where the limits of the property will not permit such spacing but in no event less than one hundred (100) feet from such public street, sidewalk or highway;

B. Within one hundred (100) feet of the outer boundary of the parcel of land on which such well is situated or, where several contiguous parcels of land uninterrupted by any street or sidewalk are operated as a single unit, the outer boundary of all parcels of land included within such unit; unless otherwise permitted by the city council where the limits of the property will not permit such spacing, but in no event less than twenty-five (25) feet of such outer boundary;

C. Within three hundred (300) feet of any steam boiler, building or source of ignition; unless otherwise approved by the city council upon a property the limits of which will not permit such spacing, but in no event within less than one hundred fifty (150) feet of such boiler, building or source of ignition.

(Ord. 140 § 7, 1960)

Specifications for all oil well derricks to be erected shall be filed with the city clerk and shall be subject to his approval. Such derricks shall be constructed of steel, except that the derrick floors, pump house floors, pipe racks, sills, postings, walkways, mud ditches, bull wheels, calf wheels and band wheels may be of wooden construction.

It is unlawful for any person, firm or corporation to cause or permit petroleum refuse or petroleum waste matter to be or remain on the surface of the ground under, around or near any derrick, sumps or boilers, around or near any tank, around or near any oil sump, or around or near any combustible structure, and except within a sump or tank. All lands within a radius of twenty-five (25) feet from any derrick, tank or other buildings, machinery or equipment used in the development, production or storage of petroleum, gas, gasoline or other petroleum products, shall be at all times kept free and clear from dry weeds, rubbish or other flammable waste material.

(Ord. 140 § 8, 1960)

Permittee shall not discharge or cause, or suffer to be discharged into the air, any 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 causes beyond the reasonable control of permittee while in the exercise of utmost care and diligence.

(Ord. 140 § 9, 1960)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 140 § 11, 1960)

(Ord. No. 641, § 2, 11-8-2021)