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HomeMy WebLinkAboutOrdinance #1203 ORDINANCE NO. l203 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO THE DRILLING, REDRILL- ING AND SERVICING OF OIL WELLS, AND THE PRODUCTION AND STORAGE OF HYDROCARBON SUBSTANCES; DEFINING THE TERMS USED IN THIS ORDINANCE; PRESCRIBING PENALTIES FOR VIOLATIONS; AND REPEALING CHAPTER 23 OF THE HUNTINGTON BEACH ORDINANCE CODE AND ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREWITH. THIS ORDINANCE SHALL BE KNOWN AND MAY BE CITED AS THE HUNTINGTON BEACH OIL CODE. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Chapter 23 and all Articles and Sections thereof of the Huntington Beach Ordinance Code are hereby repealed. Section 2. That Chapter 23 entitled "Oil" is hereby added to the Huntington Beach Ordinance Code to read in words and figures� as follows : CHAPTER 23 OIL ARTICLE 231. GENERAL 232 . DEPARTMENT OF OIL FIELD CONTROL 233 . DEFINITIONS 234. PERMITS AND FEES 235 . BONDS AND INSURANCE 236. DRILLING AND OPERATION 237. SAFETY MEASURES 238. ENFORCEMENT Section 3. That Article 231 is hereby added to the Huntington Beach Ordinance Code to read in words and fig- ures as follows : 1 � 1 Ord. No. 1203 ARTICLE 231 GENERAL S . 2311. Title . This Division shall be known and may be cited as "The City of Huntington Beach Oil Code" . Code as referred to in this Division, unless the context clearly indicates otherwise, shall mean the City of Huntington Beach Oil Code . S . 2312. Purpose And Intent. It is hereby declared to be the purpose of this article to estab- lish reasonable and uniform limitations, safeguards and controls for the present operations and future drilling for and production of oil, gas and other hydrocarbon sub- stances within the City in such areas as are determined by the City Council to be exempt from the prohibition against such activities in conformity with the provisions of Zon- ing Ordinances of City of Huntington Beach Limitations, safeguards and controls are deemed necessary in the public interest . Uses are indicated by the Master Plan of the City, City zoning regulations, the value and character of improvements in or near districts where oil drilling or production is hereinafter permitted and the desirability of certain areas for residential, commercial or other uses . It is recognized that many citizens with substan- tial property investments do not own mineral rights and would not profit directly from oil or gas development . The City Council finds that uncontrolled drilling and pro- duction would be detrimental to the general welfare of the residents of the City and to the public health, safety, and welfare . It is contemplated that areas within the City may be explored for oil by directional drilling meth- ods, with surface drilling and production operations lim- ited to a minimum of controlled drilling sites, so located, spaced and regulated as to cause the least possible detri- ment to the community and the general welfare . ARTICLE 232 DEPARTMENT OF OIL FIELD CONTROL S . 2321. Department Of Oil Field Control, Establish- ment Of: There is hereby created a Depart- ment of Oil Field Control for the City of Huntington Beach to carry out the purpose and intent of the Oil Code. 2 Ord. No. 1203 S . 2322 . Oil Field Superintendent, Creation Of: The office of Oil Field Superintendent of the City of Huntington Beach Department of Oil Field Control is hereby created to be the head of and responsible for the Department of Oil Field Control. S . 2322 . 1 Oil Field Superintendent, Appointment And Salary: The Oil Field Superintendent shall be appointed by the City Council and hold office at their pleasure, and shall receive such compensation for his ser- vices as the Council shall direct . S . 2322 . 2 Oil Field Superintendent, Duties : The Oil Field Superintendent shall, subject to any conflicting administration policy, assume full responsi- bility for the operation of the Department of Oil Field Control, and be responsible for the enforcement of Chapter 23, Oil Code of the Ordinance of the City of Huntington Beach. He will be responsible for the management and over- all co-ordination of all City agencies concerned with the development and operation of the oil industry and oil field within the City of Huntington Beach. ARTICLE 233 DEFINITIONS S . 2331. The following terms as used in this Code shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: S . 2331.1 Abandonment shall mean the restoration of the drill site as required by these regula- tions . S . 2331. 2 A.P.I. is the American Petroleum Institute . S . 2331. 3 Approved. Approved by the Fire Department, Bui.ldin Department and Engineering Depart- ment. "Approved type ', or "approved design", is and in- cludes improvements, equipment or facilities of a type or design approved by the Fire Department, Building Depart- ment and Engineering Department . S . 2331.4 A.S.M.E. is the American Society of Mechan- ical Engineers . S . 2331. 5 Blow-Out shall mean the uncontrolled dis- charge of gas, liquid or solids or a mixture thereof from a well into the atmosphere . 3 Ord. No. 1203 S . 2331.6 Blow-Out Preventer shall mean a mechanical, hydraulic or pneumatic or other device or a combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith designed and capable of preventing a blow-out . S. 2331.7 Building Code shall mean the ordinance of the City of Huntington Beach known by that title as it may be changed or reenacted from time to time . S . 2331.8 Building Department shall mean and include the Building Department, his assistants, deputies and inspectors of the Building Department of the City of Huntington Beach. S. 2331.9 Building Permit shall mean the permit pro- vided for by the Building Code . S. 2331.10 Cellar shall mean an excavation. around or above the top joint of the casing in a well. S. 2331. 11 City Administrator shall mean the City Ad- ministrator and his assistants . S . 2331. 12 City Clerk shall mean the duly elected City Clerk and assistants . S . 2331. 13 Completion of Drilling a well is completed, for the purpose of these regulations, thirty (30) days after the drilling crew has been released, un- less drilling or remedial operations are resumed before the end of the thirty (30) days . S. 2331.14 Controlled Drilling Site shall mean the sur- face location upon which surface operations incident to oil well drilling or deepening and the produc- tion of oil, gas or other hydrocarbon substances from be- neath the surface of real property located within the City of Huntington Beach, whether such surface operations are inside or outside the City of Huntington Beach, may be permitted under the terms and conditions of this chapter and as prescribed by the terms and conditions of any per- mit issued by the City Council. S . 2331. 15 Council shall mean the elected governing body of the City of Huntington Beach. 4 Ord. No. 1203 S . 2331. 16 Derrick is any framework, tower, or mast to- gether with all parts and appurtenances to such structure, including any foundations, pump house, pipe racks and each and every part thereof, which is or are required, or used, or useful for the drilling for and the production of oil, gas or other hydrocarbons from the earth except tanks used for storage purposes . S . 2331.17 Desertion shall mean the cessation of opera- tions at a drill site without compliance with the provisions of the Code relating to suspended op- erations or abandonment . S . 2331. 18 Diligence as used in these regulations, shall mean that the drilling derrick is in its operating position over the well, properly anchored and supported and that an operating crew is on duty at the drill site at all reasonable times . S . 2331.19 Directional Drilling shall mean whipstocking, or slant drilling from a controlled drilling site . S . 2331.20 Division Of Oil And Gas shall mean the Div- ision of Oil and Gas of the Department of Natural Resources of the State of California or any other state agency that may in the future be charged with its responsibilities . S. 2331.21 Drilling means digging a hole in earth form- ation with a power driven bit for the purpose of exploring for or developing of oil or gas . Drilling includes those operations that are concerned with the com- pletion of a well. "Drilling does not include ' shot hole ' " . S . 2331. 22 Drilling Island shall mean a designated area from which more than one well is clustered. S. 2331. 23 Drill Site shall mean the premises used dur- ing the drilling and subsequent life of a well or wells, which is necessary for the safe operations thereof. S . 2331.24 Engineering Department means the Director of Public Works, his assistants, engineers or inspectors . S . 2331.25 Fire Department means the Chief Engineer of the Fire Department of the City of Hunting- ton Beach, his assistants, deputies or the assigned Chief of the Fire Prevention Bureau and his assigned inspectors . 5 Ord. No. 1203 S . 2331.26 Gas shall mean the gaseous components or vapors occurring in or derived from petrol- eum or natural gas . S . 2331.27 Idle Well or Failure To Produce . An "idle well or failure to produce hydrocarbon substances shall be defined as such failure to produce or idleness which will permit the lessor, under the terms of the oil and gas lease applicable to the premises on which any well exists, to cause forfeiture of such lease . S . 2331.28 Maintenance shall mean and include the re- pair and replacement of parts of a structure where same does not alter or lessen the strength of stab- ility of the structures . S . 2331. 29 Natural Gasoline Plant Or Absorption Plant is a plant for the processing of natural gas from the production wells and processed into its various components . S . 2331.30 Oil includes petroleum, and PETROLEUM in- cludes oil. S . 2331.31 Operator shall mean person, whether proprie- tor, lessee or independent contractor, act- ually in charge and in control of the drilling, mainten- ance, operation or pumping of a well or lease. S . 2331.32 Outer Boundary Line . Where several contig- uous parcels of land in one of different ownerships are operated as a single oil or gas lease or operating unit, the term "outer boundary line" means the exterior limits of the land included in the lease or unit . In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity. S . 2331.33 Owner is a person who owns a legal or equit- able title in and to the surfaces of the drill site . S . 2331.34 Person includes any individual, firm, assoc- iation, corporation, joint venture, or any other group or combination acting as a unit. S . 2331.35 Redrilling shall mean the deepening of an existing oil well or otherwise drilling be- yond the extremities or sides of the existing well casing. The provisions of :this Code relating to drilling shall be equally applicable to redrilling. 6 Ord.. N0. 1203 S. 2331.36 Seismic Petroleum Prospecting. Prospecting This oil means dril ing oles into the ground, placing an explosive charge therein, and detonating such charge, thereby exciting an energy or sound wave through the earth, the results of which are recorded and read by seis- mograph equipment solaced at various locations on the surface of the earth. S. 2331.37 Shot Hole. The hole drilled in seismic pet- roleum prospecting. S. 2331.38 Source of Ignition means any flame, arc, spark, or heated object or surface capable of Igniting, flammable liquids, gases or vapors. S. 2331• 39 Structure is that which is built or construct- ed; a tank, edifice or a building of any kind, not including appurtenances used in oil production or walls of any sort. S. 2331.4.0 Sump Hole is an unlined earthen pit adjacent to an oil well for the discharge of oil field wastes. S. 2331.41 Superintendent shall mean the Oil Field Super- intendent and his assistants. S. 2331.4.2 Suspended Operations is the temporary suspen- sion of drilling or redrilling operations pending a resumption of operations or abandonment. S. 2331.4.3 Tank is a container, covered or uncovered,used in conjunction with a drilling or production of an oil well , for holding or storing liquids at or near atmospheric pressure. S. 2331.4.4 Well or Oil Well. Hole drilled into the earth for the purpose of exploring for or extracting from the earth oil, gas , or other hydrocarbon substances , or a well or hole in the earth by means of and through which oil , gas and other hydrocarbon substances are extracted, pro- duced or capable of being produced from the earth, or a well or hole for the purpose of secondary recovery or waste dis- posal thereof. "Well does not include "shot hole" . S. 2331.45 Well Servicing is remedial or maintenance work perFormea within any existing well which does not involve drilling or redrilling. 7• Ord.No. 1203 ARTICLE 234 PERMITS AND FEES S . 2341. Permits . Prior to the drilling or redrill- ing of operations in connection with the ex- ploration for or the production of petroleum or for the purpose of secondary recovery, the operator shall obtain a drilling permit from the Department Of Oil Field Control. S . 2341. 1 Annual Renewal Oil Well Permit . A permit will be required annually on each oil well whether producing or not . S . 2342. Permit Utilization. No permit issued here- inunder shall be valid unless utilization of the privileges granted thereby be commenced within one year from and after the date of issuance of the permit and diligently and progressively prosecuted thereafter. S . 2343 . Other Permits . The permits provided in the ordinancgPl n addition to and are not in lieu of any permit which may be required by the other depart- ments of the city and the Department of Oil Field Control shall not issue any permit under this ordinance until all other permits required by other departments, if any, have been issued and the fee has been paid. S . 2344. Drilling And Redrilling Permit Procedure . The applicant shall file an application in writing for a permit on a form furnished for that purpose by the Department of Oil Field Control. The application shall be accompanied by: (a) A complete legal description of the property. (b) A fully informative plot plan showing the location of the well, the location of which has been staked on the ground, appurtenant structures and their relation to any existing hospital, sanitarium, church, rest home, airport, school and dwelling, within the radius required by this Code. (c) Engineering specifications of structures, drilling, derricks, drilling masts, tanks, and high pressure systems regulated by this Code . Applicant need not file plans and engineering specifications of standard derricks, masts and tanks when such plans and speci- fications are already on file in the office of Oil Field Control. 8 Ord. No. 1203 (d) A corporate surety bond in conformity with provisions of Article 235 . (e) A statement as to the means by which liquid spills will be removed from diked area or catchment basins . (f) A drilling permit may be amended insofar as it re- lates to the drill site area and a drill site may be modified as to size and shape by filing with the De- partment of Oil Field Control of a modified plot plan if the modified drill site conforms to the applicable provisions of this Code and of Chapter 9, Huntington Beach Ordinance Code, but not otherwise . S . 2345 . Conditions Of Issuance Of Permits . In addi- tion to the conditions of the above section, prior to issuing the permit for the drilling or redrilling of an oil well, the Department of Oil Field Control shall require of the operator: (a) The payment of the drilling and redrilling fee. (b) Evidence of a city business license, where required. (c) A city building permit or a statement from the Depart- ment that no such permit is necessary. (d) A permit for the disposal of industrial waste and/or waste water or a statement from the Sanitation De- partment that no such permit is necessary. (e) A statement from the City Planning Department that such use and the location of any structures to be constructed or place on leasehold are not in viola- tion of the City Zoning Ordinance . (f) A permit from the City Fire Department, where re- quired by the Huntington Beach Fire Code or a state- ment that .the operator is not in violation of the Fire Ordinance of the City. (g) A permit to encroach upon public property where it is necessary to do so in the redrilling, servicing or maintaining of any well, existing prior to the adoption of this Code . (h) A bond in accordance to the ordinances covering bonds . (i) A certificate of insurance in accordance to the spec- ification as set forth in section 2359 of this Code . 9 Ord. No. 1203 S . 2346 . Appeal. If the operator is denied a permit by any of the governing agencies, he may appeal said denial in accordance with section 2384 of this Chapter. S . 2347 . Fees . The following fee schedule will be paid by the operator: (a) A fee for permit to drill or redrill of $100.00 (b) An annual oil well renewal and inspection fee of $25.00 for every well, whether producing or not . S . 2348. Permit Fees Not Refundable . The permit fees payable under this ordinance shall not be refundable in whole or in part. S. 2349. Penalty For Delinquency. If any fee herein required to be paid to the Department of Oil Field Control is not paid at the time and in the manner herein provided, the same shall, thirty (30) days there- after, automatically be and become delinquent, and a pen- alty in an amount equal to ten percent of such fee shall be added thereto for such delinquency, which penalty shall be and become a part of such fee and shall be enforced and collected as a part of such fee . ARTICLE 235 BONDS AND INSURANCE S . 2351. Existing Wells . On or before July 1, 1967 a bond in the form required by this section shall be filed for each well drilled prior to said effec- tive date of this ordinance which has not been abandoned to said effective date in accordance with Chapter 24 of the City of Huntington Beach Ordinance Code . S . 2352 . New Wells . A bond in the form required by this section shall be filed concurrently with the issuance of the granting of a drilling or re- drilling permit . S . 2353 . Bond Forms . Bonds shall be on a form app- roved by the City Attorney and shall be on a form similar to that in general use in the oil and gas industry. 10 Ord. No. 1205 S . 2354. Single Bonds . Corporate surety bonds in the penal sum of two thousand dollars ($2,000) . The bonds shall be executed by the operator as Principal and by the authorized surety company as Surety and condi- tioned that the Principal named in the bond shall faith- fully comply with all the provisions of this ordinance in drilling or redrilling and maintaining all production fac- ilities and abandonment as required by this ordinance un- til properly abandoned in conformity with the provisions hereof. The bond shall secure the City of Huntington Beach against all costs, charges and expenses incurred by it for reason of the failure of the Principal to fully comply with the provisions of this ordinance. The bond shall include the correct name or number of the well and such other information as may be necessary to readily identify the oil well. Any operator may furnish negoti- able securities or cash in lieu of a corporate surety bond. S . 2355 . Blanket Bonds . (a) Any operator may, in lieu of filing a single bond for each well as required by the foregoing section, file a bond in the amount of $5,000 if the oil operator has ten (10) or less wells, $10,000 if he has 25 or less wells, and $25,000 if he has more than 25 wells . (b) Individual operators may collectively pool their wells for the purpose of obtaining a blanket bond. If they do so, they may put up a bond under the con- ditions of paragraph (a) above . S . 2356 . Default In Performance Of Conditions - Notice To Be Given. Whenever the Department of Oil Field Control finds that a default has occurred in the performance of any requirement or condition of these regu- lations, written notice thereof shall be given to the Principal and to the Surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Department of Oil Field Control to be reasonably necessary for the com- pletion of such work. After receipt of such notice, the Surety shall within the time therein specified either cause or require the work to be performed, or failing therein, shall pay over to the Department of Oil Field Control the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty-five (25) per cent of said estimated cost. Upon receipt of such monies, the Department of Oil Field Control shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no lia- bility shall be incurred therein other than for the ex- penditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the Division of Oil and Gas, such additional money may be demanded from the Surety as is necessary to restore the drill site in conformity with the regulations of this ordinance . 11 Ord. No. 1205 S . 2357. Exoneration. Any bond issued in compliance with these regulations shall be terminated and cancelled and the Surety be relieved of all obliga- tions thereunder when the well has been properly abandoned in conformity with all regulations of this ordinance and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the Department of Oil Field Control, or upon receipt of a sat- isfactory substitute bond. S . 2358. Substitution. A substitute bond may be filed in lieu of any bond on file hereunder and the Department of Oil Field Control shall accept and file the same if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated but only if the Department of Public Works, Building Department and Fire Department finds that all of the conditions of the last mentioned bond have been sat- isfied and that no default exists as to the performance upon which the bond is conditioned. S . 2359. Insurance Requirements . Wherever insurance is required in this Code the following values will be required: $50,000 property damage and $100,000 and $300,000 personal liability. ARTICLE 236 DRILLING AND OPERATION S. 2361. Site Preparation. Each drill site prior to the commencement of drilling shall be pre- pared in accordance with plot plan as submitted by the op- erator, and approved by the Department of Oil Field Con- trol. S . 2361. 1 Encroachment (a) New Wells . All operations concerned with drilling, production, redrilling, or servicing of wells drilled after the effective date of this ordinance shall be conducted within the property lines of the leasehold. (b) Wells Existing As Of The Effective Date Of This Ord- inance . No operator or person while redrilling, ser- vicing, or maintaining a well drilled prior to the effective date of this ordinance shall encroach with equipment over public property lines, sidewalks, parkway, alleys or streets until a permit therefor has been granted by the Department Of Oil Field 12 9W 91.,No. 1203 Control. Reasonable requirements for the safety of Persons and property shall be required by the Depart- ment of Oil Field Control before issuing such permit and such permit shall not be issued unless temporary sidewalk enclosures sufficient to protect pedestrians are maintained by the operator. In addition thereto no permit will be issued until the person requesting the permit shows a certificate of insurance according to the requirements of Article 235,Section 2359 of this Code. Said temporary sidewalk enclosures shall be so maintained until the operating equipment has been removed from the leasehold premises. The oper- ator will be liable for any damages to public property. permanent S. 2361. 2 All new wells, tanks and/structures, as of the effective date of this ordinance, will be set back 25 feet (25' ) from the street right-of-way and all future street right-of-ways as depicted on the City' s Master Plan of Streets and Highways. Any new well may be drilled, after the effective date of this ordinance, contiguous to any ",stj,.ui3ture a. - built for human occupancy according to the following condit- ions : (a ) If the pumping unit is operated by an electrical engine within twenty-five feet (25' ) - (b) If the pumping unit Is operated by a gasoline engine within fifty feet (50' ) - (c) if the well is to be drilled near a school build- ing, hospital or church within one hundred fifty feet (150' ) - (d) The above distances will be measured from the center of the well core to the nearest wall of said structure. S. 2362 Derricks. (a ) All derricks and masts erected for drilling or redrill- Ing shall meet the specification of the American Petro- leum Institute Standards 4A, 14th Edition and rD, 3yrs. Edition, or the equivalent thereof. (b) Any de'rrick or pulling mast operating within 150 feet of any structure or public right-of-way shall be securely guyed or braced at all times the mast is in use, or if a self-braced derrick or mast, shall meet A.P.I. standards or be the equivalent thereof. In addition thereto the operator shall be required to show a certificate of in- surance in accordance with the specifications in Article 235,Section 2359 of this Code, and naming City as an ad- ditional insured. 12A Ord.No. 1203 S. 2362.1 Inspection. (a) If. a well is to be drilled or redrilled within 150 feet of any structure or street right-of-way, after the operating equipment is securely in place and prior to commencement of drilling, the operator will notify the Department of Oil Field Control. If an Inspection is anticipated to be made during the night, weekend or holiday the operator will notify the Department of Oil Field Control during a working day of the approximate time the operator would be ready for the inspection, and shall not commence drilling until the Department of Oil Field Control has made an inspection and given approval to commence. The Superintendent shall not give his approval until all the applicable provisions of the City of Huntington Beach Ordinances have been met; If they are met, he shall give his approval. The Superin- tendent shall make his inspection within a reasonable time after receiving notice from the Operator. 13. Ord. No. 1203 (b) Upon the completion of drilling operations the opera- for will notify the Department of Oil Field Control, and the Department will make a final inspection of said drill site . (c) The Department of Oil Field Control shall make an annual inspection of each well and keep a record of the wells inspected and their findings . S . 2363. Removal Of Equipment. (a) All drilling equipment shall be removed from the lease- hold premises within 60 days following the completion of the drilling, redrilling or abandonment of any well unless such derrick and appurtenant equipment is to be used within a reasonable time for the drilling of another well on the same site. (b) All well servicing or portable pulling masts shall be removed from the lease or property and returned to the service yard within seven (7) days after com- pletion of well servicing operation. (c) All idle or unnecessary equipment will be removed from the drill site and if the equipment has not been used, on the site for a period of six (6) months or more it will be prima facie evidence that said equip- ment is not necessary for the production of oil. The burden of proof will then lie on the operator to prove said equipment is necessary for his operations . S . 2363 . 1 Sumps Or Sump Holes . Rotary mud, drill cuttings, oil field waste, oil or liquid hy- drocarbons and all other oil field wastes derived or re- sulting from, or connected with the drilling or redrilling of any well shall be discharged into a sump hole or steel tank, Such drill cuttings, rotary mud, and drilling waste materials shall be removed from the drill site upon com- pletion of drilling operations . Tanks used as and for sump purposes shall be removed from the drill site and sump .holes shall .be drained and back filled within thirty (30) days from and after completion of drilling. S . 2364. Private Roads And Drill Sites . Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the drill site itself shall be surfaces by clean, crushed rock, gravel or decomposed granite, or oiled, and maintained to prevent dust and mud. In particular cases these require- ments governing surfacing of private roads may be altered at the discretion of the Superintendent of Oil Field Con- trol after consideration of all the circumstances includ- ing but not limited to distances from public streets and 14 Ord. No. 1203 highways, distances from adjoining and near-by property owners whose surface rights are not leased by the operator and the purpose for which the property of such owners are or may be used, topographical features, nature of the soil and exposure to wind. S . 2365. aeration Time and Soundproofing Requirements . The drilling and redrilling of any well shall not be conducted in such a manner as to cause ex- cessive noise, odor and vibration and shall be conducted pursuant to one of the following alternates: (a) Where drilling and redrilling operations are conducted beyond a distance of 200 feet from occupied residen- tial areas, no soundproofing will be required unless necessary to minimize excessive disturbance to such areas . (b) Where such drilling is conducted in areas in which disturbance to residential areas could reasonably be anticipated, the operator of such drilling operation shall either: 1. Enclose the derrick and all drilling machinery used in connection with the drilling of any well, with fire resistant soundproofing material, which- shall be maintained in a serviceable condition and provided further that no operations outside of said enclosure, except for well logging..shall be conducted; or 2. Enclose all drilling machinery used in connection with the drilling of any well with fire resistant soundproofing material and the portable drilling mast shall be so enclosed, at least on three sides, to a height of twenty (20) feet, and pro- vided further, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of 9:00 P.M. of one day and 6:00 A.M. of the following day, except only that circulation of fluids and well logging may be continued during such time, The Superintendent may allow operations in connection wit-idrilling or redrilling if in his opinion that portion of the operation does not create excessive noise such as cementing, gravel packing, etc . ; and also in case of emergency, provided that notice of such emergency shall be given to the Department of Oil Field Control, but only for as long as the emergency exists . 15 Ord. No. 1203 3. The Superintendent of the Department of Oil Field Control may, waive requirements of soundproofing required un- der paragraph 1-if in his opinion the soundproofing isnot required from a height of thirty feet (30' ) up. The Super- intendent may also waive soundproofing requirements under paragraph 2. if in his opinion it is unnecessary, or there have been existing wells and no reasonable complaints have been lodged, or if more than one complaint is lodged and the operator is able to satisfy the complaining party. S. 2365.1. Well Servicing Operation Time. It shall be unlawful to do any work in connection with pulling a well between the hours of 9:00 P.M. and 6:00 A.M. within two hundred (200) feet of any residential build- ing within the City, excepting where circulation in the well is necessary to be maintained, or the well would be endanger- ed if the pulling work were not done immediately. S. 2365.2. Operation and Soundproofing of Oil Field Recovery Heaters. In the operation of an oilfield recovery heater the following conditions shall be met. (a ) Where an oilfield recovery heater is operated within an occupied residential area the heater shall be shielded with a fire-resistant, sound- proofing material so that the sound level at the nearest residence can be maintained at the average 24-hour ambient level existing when such heater is not in operation; however, the fire-resistant soundproofing shielding would not be required if the residential ambient sound level mentioned above can be maintained by other means. (b) If an oil-fired oilfield recovery heater is used the Department of Oil Field Control may require additional restriction, as deemed nec- essary to prevent excessive vibration, pulsa- tion or noise. 16. Ord. No. 1203 S . 2 6r . 3 Cleanup After Service Operations. Immediate- ly upon completion of servicing operations of an oil well, the owner, operator or manager of the ser- vicing company shall notify the City Engineer and such owner, operator or manager, or his employees, shall immed- iately remove all oily rags, waste material and debris placed upon such lease or property by the servicing com- pany in its operations thereon and shall further repair any and all damages done to sidewalks, alleys, parkways and streets, and shall remove all oil and debris which may have collected thereon by reason of the operations of such pulling unit. S . 2366 . Signs . A sign having a surface area of not less than two (2) square feet and no more than six (6) square feet bearing the current name and num- ber of the well and the name and/or the insignia of the operator and in addition the sign shall include at least two names and telephone numbers of pumpers or operators of said well who may be contacted during any twenty-four (24) hour period for emergency reasons, the above sign shall be displayed in a prominent place, visible at all times and maintained in good condition, near or on the pumping unit or fence from the time drilling of the well is started until the well has been abandoned. In the event there are more than two (2) producing wells on one leasehold, it shall be sufficient if all entrances to said leasehold are posted with a sign not less than . eighteen (18) inches by twenty-four (24) inches bearing the above required information and the name or designation of the lease, together with an openly visible sign on each producing well designating the particular number thereof. S. 2367. Service Yards . Every owner, operator, Oil Company, Sales Company, Service Company, Processor, Trucker, Supplier or other allied agency shall maintain a service yard or area in a properly zoned or approved area for the purpose of storage, handling, ser- vicing, repairing or manufacture of all drilling and pro- duction equipment, supplies or services . All idle equip- ment shall be stored at this service yard. Such service yards shall be fenced according with requirements of the City Ordinance or be attended ,by an adult for twenty-four (24) hours a day. S . 2368. Abandonment Procedure . It shall be the re- sponsibility of the Superintendent to deter- mine that the drill site and. all facilities pertinent thereto have been restored to their original condition as nearly as practicable in conformity with the regulations of this Code including the following requirements : 17 Ord. No. 1203 (a) Well Requirements . It shall be the responsibility of the operator to comply with the abandonment provision of this Code and he shall furnish the Superintendent the approval of the Division of Oil and Gas, Depart- ment of Natural Resources, confirming compliance with all abandonment proceedings under the State laws . It shall be the responsibility of the operator to comply with the abandonment provision of this Code and he shall furnish the Superintendent with:(a) copy of the approval of Division of Oil and Gas, Depart- ment of Natural Resources, confirming compliance with all abandonment proceedings under the State law, and (b) a notice of intention to abandon under the pro- visions of this Section and stating the date such work will be commenc-ied. Abandonment may then be com- mended on or subsequent to the date so stated. (b) Surface Requirements . Abandonment shall be approved by the Superintendent after restoration cf -the drill site and the subsurface thereof has been accomplished in conformity with the following requirements : 1. The derrick and all appurtenant equipment thereto shall be removed from the drill site. 2. All tanks, towers and other surface installations shall be removed from the drill site. 3 . All concrete, pipe, wood and other foreign mater- ials shall be removed from the drill site .to a depth of six (6) feet below grade, unlesspart of a multi well cellar then being used in connection with any other well for which a permit has been issued. 4. The oil well casing shall be cut off at bottom of cellar, and if no cellar (5 ' ) below the drill site grade at the cellar, but in no case below sea level. Nothing shall be placed in the hole above the point of cut-off until the cut-off has been inspected by the Superintendent and by him found to be in compliance with all applicable provisions of law. 5. All holes and depressions shall be filled and packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site . 18 Ord. No. 1203 S . 2369. Notices . Every operator of any well shall designate an agent or agents who is a resi- dent of the State of California, upon whom all orders and notices provided in this Code may be served in person, or by registered or certified mail. Every operator so desig- nating such agent shall within ten (10) days notify the Department of Oil Field Control, in writing, of any change in such agent or such mailing address unless operations within the City are discontinued. Service by registered, or certified mail, or in person on the agent so designated shall constitute service for all purposes of this Code . S . 2369. 1 Transfer ,Of Operator. The operator shall notify the Department of Oil Field Control in writing on the final transfer of any oil well for any purpose for an inspection of such well and a release from all Departments shall be given when and if such well does conform to all regulations in this Code . Within ten (10) days after such transfer by reason of sale, assignment, transfer, conveyance or exchange, a notice shall be given and shall contain the following: (a) The name and address of the person to whom such prop- erty and well was sold, assigned, transferred, con- veyed or exchanged. (b) The name and location of the well. (c) The date of sale, assignment, transfer, conveyance or exchange . (d) The date when possession was relinquished by the for- mer operator. A description of the properties and equipment transferred. S . 2369.1.1 Every person who acquires any well, property or equipment, whether by purchase, transfer, assignment, conveyance, ex- change or otherwise shall within ten (10) days after ac- quiring such well, property, or equipment notify the De- partment of Oil Field Control, in writing, of his owner- ship. The notice shall contain the following: (a) The name and address of the person from whom such well and property was acgLired. (b) The name and location of the well. (c) The date of acquisition. (d) The date possession was acquired. (e) A description of the properties and equipment trans- ferred. 19 Ord. No. 1203 (f) The person designated for service of notice and address . S . 2369. 2 Suspension Of Drilling And Redrilling Opera- tions . The operator of any well shall notify the Department of Oil Field Control, in writing, of any temporary suspension of operations, pending a resumption of operations or abandonment. ARTICLE 237 SAFETY S . 2370 . Access To The Well Head. At all times there shall be connected, a minimum of 210 pipe with suitable gate valve in good working conditinn, to the casing for the purpose of bleeding off casing pressure and for hook-up to inject water, mud or cement to kill the well during an emergency. S . 2371. Blow Out Prevention. In all cases protec- tinn shall be provided to prevent the blow- out of an oil well during drilling, redrilling and aban- doning of any oil well and shall conform to the require- ments of the State of California, Petroleum Safety Orders - Drilling and Production Section 6691 of the Administrative Code of California. At all times this equipment must be installed properly on the well head and in operating con- dition. At all times that such well is not being serviced the well head or tubing head shall be securely bolted, gasketed and maintained to prevent blowout or leakage . S . 2372. Cellars . Such cellars shall be safety cov- ered, reasonably free from water, oil drill- ing fluids, rubbish, debris, or other substances which might constitute a hazard, except during drilling and ser- vicing operations . S . 2373 . Fences . All leaseholds or drill sites shall be fenced according to one of the following requirements or attended 24 hours a day by an adult : (a) Individual Drill Sites . All individual drill sites, with oil well production equipment having external, moving parts hazardous to life or limb or a sump hole shall be enclosed by a chain link fence or similar type of a height not less than six (6) feet . 20 Ord. No. 1205 (b) Controlled Drill Site .And Drilling Island. A con- trolled drill site or drilling island may be enclosed by a fence on the boundary lines of said controlled drill site with a chain link, block wall, or similar type fences, of a height of not less than six (6) feet . If the fence is of a block wall type, or simi- lar permanent nature, the gate opening into the con- trolled drill site will be a minimum of 20 feet in width. (c) Leasehold. A leasehold may be fenced on the peri- meter boundaries of said leasehold with a chain link fence, or a type of similar nature . S. 2374. Gates . All gates will be locked when the site is unattended, or if a leasehold fence not attended by a person who is within a reasonable sight distance from the open gate . S. 2375 . Muffling Exhaust . The engines used in con- nection with the drilling of any oil well or in any production equipment of any oil well shall be equipped with an exhaust muffler to prevent excessive or unusual noise . Means shall be provided on all engines used during drilling operations to prevent the escape of flames, sparks, ignited carbon and soot . S. 2376. No Smoking Signs . NO SMOKING signs shall be posted and maintained in all locations sub- ject to no smoking regulations . All such signs shall have letters, four (4) inches in height, with not less than 2 inch stroke and shall be posted and maintained at readily visible locations approved or designated by the Fire Marshal. Such signs shall be red letters on white back- ground. S . 2377. Pulling Masts . All pulling masts shall be in conformity with American Petroleum Insti- tute Standards for portable derricks or its equivalent; shall be properly guyed or braced at all times the mast is in use, if the mast is not a self-braced type . The mast and machinery shall be , equipped with all safety require- ments of the Division of Industrial Safety of the State of California. S . 2378. Pulling Line Stripper. All pulling or bail- ing wire lines shall be adequately stripped and other precautions taken to prevent fluid from being carried on the line over the block to prevent spraying ad- joining houses, buildings, streets, sidewalks or property. 21 - Ord. No. 1205 S . 2379. New Materials, Process Or Operations . The Mayor or Member of the City Council, the Fire Marshal, Superintendent of Department of Oil Field Control, Director of Building, a representative of the Western Oil and Gas Association and a representative of the Huntington Beach Independent Oil Producers Association shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or operations, which shall re- quire permits or minimum standards of safety, in addition to those enumerated in said Code . Then the Superintendent of Oil Field Control shall post such list in a conspicuous place in his office and distribute copies thereof to in- terested persons . This committee shall meet annually or upon request of any committee member for the purpose of discussing new processes or revisions or up-dating of this Code . The Superintendent of Oil Field Control shall act as sec- retary of this committee . ARTICLE 238 ENFORCEMENT S . 2381. Responsibility. It shall be the duty of the Superintendent of Oil Field Control to en- force the provisions of this Code . If at any time the Superintendent finds any operator is violating any of the provisions of this Code, the operator will be notified in writing of the specific violation, and may be given a reasonable time to comply. If in the opinion of the en- forcing agency a condition exists, which creates an immed- iate or imminent peril or danger, he may order the opera- tor to comply immediately, and if this is not complied with then he may order the immediate cessation of opera- tions . S . 2382. Permission To Enter The Premises . The. Coun- eil 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 City, provided to be made, or for any other lawful purpose . r 22 Ord. No. 1203 S . 2383 . _Appeal From Superintendent ' s Requirements . In the event that any operator, drilling, redrilling, well servicing, company, maintenance person, company, firm, or corporation feels that an undue hard- ship exists by reason of any decision of the Superintend- ent, or any requirement by him for the issuance of any permit, such person, company, firm or corporation may within 20 days, file written application to the City Coun- cil of the City of Huntington Beach in accordance with the procedure in the following section. S . 2384. Appeals . The City Council of the City of Huntington Beach shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, re- quirement, decision or determination made by the Depart- ment of Oil Field Control in the administration or en- forcement of any of the provisions of this Code. An appeal shall be in writing and shall be filed in trip- licate in the office of the Oil Field Control. An appeal from any order, requirement, decision or determination by the appellant must be set forth specifically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by the evi- dence in the matter. Any appeal not filed within twenty (20) days from and after the date of the order, requirement, decision or de- termination complained of shall be dismissed by the City Council of the City of Huntington Beach. Within five (5) days from and after filing of the appeal, the Department of Oil Field Control shall transmit to the City Council all papers involved in the proceedings and two (2) copies of the appeal. In addition he shall make and transmit to the Council such supplementary report as he may deem nec- essary to present clearly the facts and circumstances of the case . A copy will be mailed to the appellant two (2) days prior to the hearing. Upon receipt of the record, the Council shall set the mat- ter for hearing and give notice by mail of the time, place and purpose thereof to appellant, and any other party at interest who has requested in writing to be so notified and no other notice need be given. Upon the date for the hearing, the Council shall hear the appeal, unless for cause the Council shall on that date continue the matter. No notice of continuance need be given if the order therefor be announced at the time for which the hearing was set. 23 Ord. No. 1203 Upon the hearing of such appeal, the Council may affirm,change or modify the ruling, decision or determination appealed from or in lieu thereof may make such other or additional deter- mination as is shall deem proper in the premises , subject to the same limitations as are placed upon the appellant by this Code and by any other provisions of law. L- 238 Penalties. Any person violating any of the pro- visions of the Huntington Beach Oil Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500- 00 or imprisonment in the County Jail for a period of, not more than one year or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense, if the operator makes no reasonable attempt to correct the violation. S. 2386. Application of Code. This code does not affect the use of property existing on the effective date of this ordinance. Such uae:,depending on the zoning ordi- . nance will be non-conforming but the use cannot be expanded. All other provisions of this code excepting that pertaining to the use will be applicable to these properties or operations . S. 2387. Severability. If any section, subsection, sen- tence, clause or phrase of this Chapter is, for any reason, held to be invalid or unconstitutional, such de- cision shall not affect the validity of the remaining portion of this Chapter. The City Council of the City of Huntington Beach hereby declares that it would have passed this Chapter, and each article, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the articles , sections , subsections , sentences, clauses or phrases be declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News , a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California , and thirty (30) days after the adoption thereof, the same shall take effect and be in force. 24. Ord. No. 1203 PASSED- AND ADOPTED by the City Council of the City of Huntington Beach, California , this 16th day of May , 1966. P � Mayor ATTEST: City CrArk APPROVED AS TO F t Deputy City Clerk City At orney, 25• Ord. No . 1203 STATE OF CALIFORNIA COUNTY OF ORANGE ss : CITY OF HUNTINGTON BEACH I , PAUL C . JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 2nd day of May , 19 66 , and was again read to said City Council at a regular meeting thereof held on the 16th day of May , 19 66 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council . AYES : Councilmen: Coen, Bartlett , Gisler , Kaufman, Shipley, Green, Stewart NOES : Councilmen: None ABSENT : Councilmen: None I, PAUL C. JO: "'I Y CLERK of of Hun? ington Beach and ex-off,cio Clerk of the City C001`21;, Co hereby certify that City Clerk and -officio Clerk this ordinance has been published of the City Council of the City in- '; rru,:,�i stun Beach News on of Huntington Beach, California ---- 1--2--------- 19-44�— In acc•.: :c, ;lce With the City Charter - - ` of said -:,,Y. BY 5 Deputy IT ity T Jerk _ C:iy Clerk 0�-'Puty Clerk