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HomeMy WebLinkAboutOrdinance #1653 ORDINANCE NO. 1653 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BT REPEALING CHAPTER 23 EXCEPT ARTICLE 239, AND PORTIONS OF DIVISION 9, AND ADDING NEW CHAPTER 23, ENTITLED "OIL" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The following portions of the Huntington Beach Ordinance Code are hereby repealed: Chapter 23 (EXCEPT Article 239) , Sections 9681. 1, 9682, 9682 . 2, 9682 . 3, 9682 . 4, 9682 . 4 . 1, 9682 . 4 . 2, 9682 . 5, 9682 . 6, 9682 . 7, 9682 .7 . 1, 9682 . 7 . 2, 9682 .8, 9682 . 8 . 1, 9682 . 9, 9682 . 10, 9687, 9710 . 3, 9710 . 3 . 1, 9710 .3 .1. 1, 9710 . 3 . 2 . and 9710 . 3 . 3 . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Chapter 23 entitled, "Oil" to read as follows : ARTICLE 230 DEFINITIONS AND GENERAL PROVISIONS 2300 . TITLE. This chapter shall be known and may be cited as the City of Huntington Beach Oil Code . "Code" , as re- ferred to in this chapter, unless the context clearly indicates otherwise, shall mean the City of Huntington Beach Oil Code . 2300 . 1. PURPOSE AND INTENT. It is hereby declared to be the purpose of this chapter to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future drilling for and production of oil, gas , and other hydrocarbon substances within the city so that this activity may be conducted in harmony with other uses of land within this city, thus protecting the people of the city in the enjoyment and use of their property and provided for their comfort, health, safety and general welfare. 2300 . 2 . OIL FIELD SUPERINTENDENT. The oil field super- intendent shall be appointed by the city administrator and shall be responsible for the Department of Oil Field Control under the direction of the city administrator. The oil field superin- tendent shall receive such compensation for his services as es- tablished by the Personnel Resolution . 1, r 2301 . DEFINITIONS . The following terms as used in this code shall , unless the context indicates otherwise , have the respective meaning herein set forth : (1) ABANDONMENT. Abandonment shall include the restora- tion of the drill site as required by these regulations . ( 2) A.P .I . is the American Petroleum Institute . (3) APPROVED type and approved design, is and includes improvements , equipment or facilities of a type or design approved by the oil field department , fire department , building department , and/or engineering department . (4) BOARD OF ZONING ADJUSTMENTS shall mean the Board of Zoning Adjustments of the City of Huntington Beach as set up and constituted pursuant to Division 9 of the Huntington Beach Ordi- nance Code . ( 5) BLOW-OUT is a sudden, violent expulsion of oil, gas , liquid , mud, or solids or a mixture thereof from a well . (6 ) BLOW-OUT PREVENTOR is a mechanical , hydraulic or pneumatic or other device or combination of such devices secured to the top of a well casing including valves , fittings and con- trol mechanisms connected therewith which can be closed around the drill pipe, or which completely closes the top of the casing and is designed for preventing blow-out . (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 . (8 ) BUILDING DEPARTMENT shall mean and include the direc- tor, his assistants , deputies and inspectors of the building department of the City of Huntington Beach . (9 ) BUILDING PERMIT shall mean permit provided for by the building code and issued by the building department . ( 10) CELLAR is an excavation around or above the top joint of the casing of a well . (11) CITY ADMINISTRATOR shall mean the City Administrator of the City of Huntington Beach . (12) CITY ATTORNEY shall mean the City Attorney of the City of Huntington Beach . -2- r (13) CITY CLERK shall mean the City Clerk of the City of Huntington Beach . (14) COMPLETION OF DRILLING. A well is completed, for the purpose of these regulations , thirty (30 ) days after the drilling crew has been released through completion of its work and/or release by those so employing said drilling crew . (15) COUNCIL shall mean the elected governing body of the City of Huntington Beach . (16 ) DEPARTMENT OF OIL FIELD CONTROL shall mean the oil field superintendent , his assistants and inspectors . (17) DERRICK is any framework, tower or mast including all 1 arts or appurtenances to such structures p used in the dril- ling for oil and gas as well as support for the equipment lowered into the well . (18) DERRICK EQUIPMENT shall mean any framework, tower, or mast together with all parts and appurtenances to such structure , including any foundations , pump house structure used to house oil recovery equipment , including but not limited to longtails , pipe racks and each and every part thereof which is in any way usable or used for the drilling for and/or production of oil, gas , or other hydrocarbons from the earth . ( 19 ) DESERTION means the cessation of operation at a drill site without compliance to the provisions of this code relating to suspended operations or abandonment . (20 ) DILIGENCE shall mean persevering application charac- terized by steady , earnest , and energetic application and effort . (21) DIRECTIONAL DRILLING is the drilling of a well which departs from the vertical , usually accomplished through slant drilling or whipstocking from a drilling site . (22 ) DIRECTOR OF PUBLIC WORKS shall mean the director of public works and his assistants , engineers or inspectors . (23) DIVISION OF OIL AND GAS shall mean the Division 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 . (24) DRILLING means digging or boring a hole in the earth for the purpose of exploring for, developing or producing petro- leum. Drilling includes all operations through the completion of a well . I i i -3- (25) DRILLING EQUIPMENT means any appurtenances , materials , or structures and every part thereof which is or are required, or used, or was used or usable with, or for the drilling and production of oil, gas and other hydro- carbons from the earth . ( 26) DRILL SITE means the premises used during the drilling, maintaining, operating, and producing of a well or wells located thereon . ( 27) ENGINEERING DEPARTMENT means the director of public works , his assistants , engineers or inspectors . (28) FIRE DEPARTMENT means the Fire Chief of the Fire Department of the City of Huntington Beach, his assistants , deputies or the assigned Chief of the Fire Prevention Bureau and his assigned inspectors . (29 ) GAS shall mean any fluid, either combustible or noncombustible , which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at or- dinary temperatures and pressure conditions . It shall also mean the gaseous components or vapors occurring in or derived from petroleum or natural gas . (30 ) INJECTION WELL shall mean a well employed for the introduction into an underground stratum of water or gas under pressure . Injection wells are employed for the disposal of salt water produced within oil . They are also employed in a pressure maintenance, secondary recovery or recycling operation to introduce a fluid into the producing formation to maintain underground pressure which would otherwise be reduced by virtue of the production of oil and/or gas . (31) LESSEE shall mean the lessee under an oil and gas lease who has executed a lease , or the owner of any land or mineral rights who conducts or carries on any oil and/or gas development, exploration and operation thereon, or any person so operating for himself or others . ( 32) LESSOR shall mean the owner of surface and/or mineral rights who has executed a lease . (33) MAINTENANCE means and includes the repairs and re- placement of parts of the structure . It also means keeping the oil operation site free from rubbish, debris , trash or any other waste material and keeping all structures located on said opera- tion site painted, clean, sanitary and safe . -4- (34 ) NATURAL GASOLINE PLANT OR ABSORPTION PLANT is a plant for the processing of natural gas from the production wells for the extraction into its various components including natural gasoline , motor fuel, liquefied petroleum gases and other natural gas liquids . (35) OIL FIELD RECOVERY HEATER shall mean a once through forced circulation, water tube steam generator, used only in the oil field thermal recovery operations having no fired pres- sure part larger than three inches pipe size and no other pres- sure part larger than six inches pipe size . (36 ) OIL OPERATION shall mean the use or maintenance of any installation, facility or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions : drilling, redrilling, rework and repair, production, processing, extraction, assisted recovery , stimula- tion, storage or shipping of oil, gas or hydrocarbons . (37 ) OIL OPERATION SITE shall mean the physical location where oil operations are conducted. (38 ) OPERATOR shall mean a person, natural or artificial , (e .g. corporate) engaged in the business of drilling wells for oil and gas . Said definition shall include those actually in charge and in control of the well including its drilling, main- tenance , operation or pumping. Operator includes owner where the latter is performing or has performed the function of operator as described herein. (39 ) OUTER BOUNDARY LINE . Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operated unit , the term "outer boundary line" means the exterior limits of the land included in the lease of a unit . In determining the contiguity of any such parcel of land , no street , road or alley lying within the lease or unit shall be deemed to interrupt such contiguity . ( 40 ) OWNER is a person who owns a legal or equitable title in and to the surfaces of the drill site . (41) PERSON includes any individual , firm, association, corporation, joint venture, estate or any other group or com- bination acting as a unit . (42) PLANNING COMMISSION OR COMMISSION shall mean the Planning Commission of the City of Huntington Beach as provided for pursuant to Division 9 of the Huntington Beach Ordinance Code . (43) PROCESSING shall mean the use of oil operations for gauging, recycling, compressor repressuring, injection, reinjection, dehydration, stimulation, separation (including but not limited to separation of liquids from gas ) , shipping and transportation, and gathering of oil, gas , other hydro- carbon substances , water or any combination thereof. -5- (44) REDRILLING shall mean the deepening or whipstock- ing of an existing oil well or otherwise drilling beyond the extremities or sides of the existing well casing. (45 ) SEISMIC PETROLEUM PROSPECTING shall mean prospecting for oil by means of drilling holes into the ground, placing an explosive charge therein, and detonating such charge . Seismic petroleum prospecting includes vibroseis and dioseis methods . (46 ) SHOTHOLE shall mean the hole drilled in seismic petroleum prospecting. ( 47) SOURCE OF IGNITION means any flame , arc , spark or heated object or surface capable of igniting flammable liquids , gases or vapors . 4 STRUCTURE i h which built or cons ructed - 8 U s that w c is t including a tank, edifice or building of any kind. (49 ) SUMP OR SUMP PIT is an unlined earthen pit for the discharge of oil field wastes . (50 ) SUSPENDED OPERATION OR SHUT-IN is the approved, temporary suspension of drilling, redrilling or production operation by the oil field superintendent pending a resumption of operation or abandonment . (51) TANK is a container, covered or uncovered, used in conjunction with the drilling or production of an oil well for holding or storing liquids and/or oil . . (52) TANK FARM shall mean a collection of such tanks for the storage of liquids and/or oil . (53 ) WELL OR OIL WELL shall mean any oil or gas well or well for the discovery of oil and gas , or any well reasonably presumed to contain oil or gas . Well also includes injection wells for the purpose of secondary recovery and disposal wells for the purpose of disposing of waste water. (54 ) WELL SERVICING is remedial or maintenance work per- formed within any existing well which does not involve drilling or redrilling, that is , work done after the well is drilled. (55 ) WHIPSTOCK shall mean the technique of drilling a well deviating from the vertical ; a directional well; to drill a directional well . It can also mean the drilling tool employed in drilling a directional well . -6- 2302 . OIL FIELD COMMITTEE CREATED. DUTIES OF. There is hereby created for the City of Huntington Beach the Oil Field Committee , composed of the following: oil field superintendent , a member of the City Council, city attorney , planning director, director of the Department of Building and Safety , a representative of the Western Oil and Gas Association, and a member of the Independent Oil Producers Association. Such committee shall determine and specify any new materials , processes , or operations which shall require permits or set minimum standards of safety in addition to those enumerated in this code . The Oil Field Committee shall meet annually, or upon request of any member, to discuss new processes , or for the pur- pose of revising or updating this code . 2303 . PERMISSION TO ENTER PREMISES . The oil field superintendent shall have the right and privilege at any time to enter upon any premises upon or from which any oil operations are being conducted for the purpose of making any of the inspec- tions required by this chapter, or by any ordinan a� of the city . n,» 2304 . APPEALS . In addition to the hearing8 provided for by Article 237 of this code , any person or entity whose drilling- redrilling or renewal permit is revoked or whose well and/or equipment is deemed by the oil field superintendent to be idle may , within twenty (20 ) days of the dec . 11pn of the oil field superintendent , file a written appeal ' ... - City Council of the City of Huntington Beach in accordance :, 4'the following proce- dures : (1) The City Council of the Citys ,t& Huntington Beach shall have and exercise the power to h and determine appeals where it is alleged there is error or ab se of discretion re- garding the revocation of any permits :It-3sued hereunder or de- termination of the existence of an idlp well, as provided by this chapter. ( 2) An appeal shall be in writing and shall be filed in triplicate in the office of the city clekk . The grounds for appeal must be set forth specifically and the erroO, described by the appellant . (3) Any appeal not filed within twenty ( 20 ) days from and after the date of the order, r4quirement , decision or determination .complained of shall be dismiAsed by the City Coun- cil of the City of Huntington Beacfi. Within ten (10 ) days from and after the filing of the Appeal , the Department of Oil Field Control shall transmit to the City Council all papers in- -7- volved in the proceedings and two copies of the appeal. In addition, the oil field superintendent shall make and transmit to the Council such supplementary reports as he may deem neces- sary to present the facts and circumstances of the case . Copies shall be mailed to the appellant ten (10) days prior to the hearing. (4) Upon receipt of the records , the city clerk shall set the matter for hearing and give notice by mail of the time , place and purpose thereof to appellant , and any other party who has requested in writing to be so notified and no other notice need be given. (5) Upon the date for the hearing the Council shall hear the appeal unless for cause the Council shall on that date con- tinue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hear- ing was set . (6 ) Action by the Council in granting or denying the appeal shall be final . 2306 . NOTICES . Every operator of any well shall desig- nate an agent , or agents , who is a resident 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 designating 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 opera- tions within the city are discontinued. 2307 . NOTICE OF OWNERSHIP . Every person who acquires any well , property or site upon which oil operations exist , whether by purchase , transfer, assignment , conveyance, exchange or otherwise shall within ten (10) days after acquiring such well, property , or site notify the Department of Oil Field Con- trol, in writing, of his ownership . The notice shall contain the following: (1) The name and address of the person from whom such well and property was acquired. (2) The name and location of the well . (3) The date of acquisition..,' (4) The date possession was acquired. (5) A description of the properties and equipment trans- ferred. -8- (6 ) The name and address of the person designated for service of notice . 2308 . TRANSFER OF OPERATOR. The operator shall noti- fy the Department of Oil Field Control in writing of the trans- fer of any oil well for any purpose . Within ten (10) days after such transfer by reason of sale , assignment , transfer, conveyance or exchange , said notice shall be given and shall contain the following: (1) The name and address of the person to whom such property and well was sold, assigned, transferred, conveyed or exchanged. ( 2) The name and location of the well . ( 3) The date of sale , assignment, transfer, conveyance or exchange . (4 ) The date when possession was relinquished by the former operator, and a description of the properties and equipment transferred. _2309 . PENALTIES . Any person or entity violating any of the provisions 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 Five Hundred Dollars ($500 ) or imprisonment in the county jail for a period of not more than one year or by both such fine and imprisonment . Each person or entity shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this oil code is committed, continued or permitted by such person or entities . 2309 . 1. CITATIONS . The oil field superintendent and his assistants shall be sworn as peace officers for the purpose of enforcing this code , and may, therefore , issue citations for any violations of said code pursuant to Sections 853 .6 et seq . of the California Penal Code . 2309 . 2 . CEASE AND DESIST ORDER. If, at any time , any operator is in violation of any of the provisions of this code , the Department of Oil Field Control may order compliance and set a reasonable period of time for same . If compliance is not obtained within the time period specified, the Department of Oil Field Control shall order, in writing, the operator to cease and desist operation of the well immediately . The operator shall immediately comply with the order of the Department of Oil Field -9- Control to cease and desist and shall not resume any opera- tion at the site affected unless and until the written approval of the Department of Oil Field Control is obtained. ARTICLE 231 PERMITS AND FEES 2311 . PERMIT REQUIRED. Permits , as required by this article , shall be obtained from the City of Huntington Beach for the following oil operations, activities , buildings , or structures in the city limits of Huntington Beach . 2311 .1. DRILLING OR REDRILLING . Drilling or redril- ling shall not be commenced or continued unless or until a permit therefor has been obtained from the Department of Oil Field Control of the City of Huntington Beach . Said permit is herein referred to as a drilling permit . 2311 . 2. ANNUAL INSPECTION PERMIT. The oil field super- intendent shall inspect annually, and at such other times as he deems necessary, each producing oil well and suspended or idle oil well regulated by this chapter, for the purpose of - ascertaining whether the well is being operated or maintained within the standards of this code. On the first day of July next after the issuance of a drilling permit and on the first day of July of each year thereafter, until the well has been abandoned as provided in this code , an annual renewal inspec- tion permit must be obtained from the Department of Oil Field Control for each and every well, including injection wells . Such annual inspection permit shall be a permit to operate for the time period for which issued and no well shall be operated without such permit . 2311 . 3 . WASTE WATER PERMIT. For the purpose of dispos- ing of wastes from oil and gas wells , including waste water, water and brine in the sanitary system, a permit must first be obtained from the Department of Oil Field Control . 2311. 4 . OIL FIELD RECOVERY HEATER PERMIT. An oil field recovery heater shall not be erected and/or installed for the purpose of secondary recovery unless a permit therefor has been obtained from the Department of Oil Field Control . 2311 .5 . BUILDING PERMIT . A building permit shall be obtained from the Building Department to erect , construct , en- large , alter, repair, move , improve , or demolish any structure or tanks , or appurtenances thereto . The building permit includes the required electrical permits . A building permit fee shall be charged by the Building Department regarding the aforementioned 10 . and such fee shall be based on the total evaluation of the struc- ture when completed, as listed in the Uniform Building Code, adopted by the. City Council of the City of Huntington Beach. The Building Department shall issue all required plumbing and electrical permits . 2311 . 6 . ENCROACHMENT PERMIT. An encroachment permit shall be obtained from the Director of Public Works when it is necessary- to encroach over public property lines with well dril- ling or servicing equipment. 2311. 7. FEES SET BY RESOLUTION. FEE PAYMENT DATE. Fees shall be required for the issuance of each of the permits required pursuant to this article . Such fees shall be set by resolution in. November of 1971 for the period ending June 30, 1972, except the annual inspection fee which shall remain at the current rate until July 1, 1972 . . Thereafter, such fees shall be set prior to July l of each year by resolution on an annual fiscal year basis , commencing July l of each such year and expiring on June 30 of the next succeeding year. Such fees shall be based upon the projected administrative and legal costs in the administration and enforcement of the Huntington Beach Oil Code and any other provisions relating to oil operations during such annual fee fiscal year period. Said resolution shall also determine the conditions of payment and collection of the required fees . Pro- ceeds from such collection of fees shall become part of the city 's general fund and shall not be refundable . The annual inspection fee shall be due and payable on July 1 of each year, commencing with the year 1972 and shall be delin- quent on August 1 of each year. The waste water fee shall be due and payable on January 1 of each year and shall be delinquent on January 31 of each year. The drilling and redrilling fee and oil field recovery heater fees shall be due and payable at the time of application therefor. 2311 . 8 . PERMIT PROCEDURE . Permits required by this chapter shall be obtained from the appropriate city department. The application for drilling, redrilling or oil field recovery heater permits shall be obtained from the Department of Oil Field Control and said application shall contain the following required information: (1) The complete legal description of the property . (2) Plans and engineering specifications of structures, drilling derricks, drilling masts, tanks and high-pressure systems regulated by this code . Applicant need not file plans and engi- ' 11. neering specifications of standard derricks , masts and tanks when such plans and specifications are already on file at the Department of Oil Field Control. (3 ) A corporate surety bond in conformity with the provisions of this code . (4) A verified statement signed by the applicant certifying that he is duly authorized by the operator to make and file the application and that he has read the application and the same is true and correct . (5) A hold harmless agreement as provided by a form approved by the Office of the City Attorney . 2312 .1 . SCOPE OF PERMIT. The city is not a guarantor of the competence of the permittee as to oil operations . Said permit is not an expression b the citythat such proposed oil P Y p p operation can be done with safety to the operator or other persons or property; all of which said risks are assumed by the permittee . 2312 .2 . PERMIT UTILIZATION. No permit issued hereunder shall be valid unless utilization of the privileges granted thereby be commenced within ninety (90) days from and after the date of issuance of the permit and such activity is engaged in without cessation for a period of ninety (90) days thereafter. Failure to commence activity or the cessation for a like period shall operate to terminate and cancel the permit and it shall henceforth be unlawful to engage in any activities hereunder without obtaining a new permit . 2313 . OTHER PERMITS . The permits provided in this p chapter are in addition to and are not in lieu of any permit which may be required by the other departments of the city . The Department of Oil Field Control shall not issue any permit under this chapter until all other permits required by other departments , if any , have been issued and the fee , if required, has been paid. 2314 . PERSONS LIABLE FOR FEES. Each of the persons and/or entities whose duty it is to obtain any permit shall be declared and made to be jointly and severally liable for the payment of the fee required to be paid. 2315 . PENALTY FOR DELINQUENCY . If any fee herein required to be paid to the Department of Oil Field Control is not paid in the time and in the manner provided, the same shall, thirty (30) days thereafter, automatically be and become delinquent , and a penalty in an amount equal to ten percent (10%) of such fee shall be added thereto for each month of such delinquency, 12 . J which penalty shall be and become a part of such fee and shall be enforced and collected as a part of such fee . 2316 . PUNISHMENT . No person shall permit or cause to be permitted any activity or operation which requires a per- mit pursuant to this article , without first having obtained such permit from the city . The city shall have a civil cause of action in any court of competent jurisdiction to enforce the collection of such fees . Any person performing or causing to be performed any activity or operation requiring a permit , pur- suant to this article, without in fact having such permit is guilty of a misdemeanor, punishable by fine , imprisonment , or both, as provided in Section 2309 of this code . 2317 . CONTINUING VIOLATION. Each and every day acti- vities are conducted or carried on without the required permits and/or without the payment of the fees required hereunder, shall constitute a separate offense . 2318 . GROUNDS FOR REVOCATION OF PERMIT . Any permit issued by the city pursuant to the provisions of this chapter may be revoked by the oil field superintendent upon finding: (1) A permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions of the permit ; or (2) That 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 code, 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 conduct of oil operations ; or (3 ) If any of the permittee 's operations or the continu- ance. thereof upon the premises covered by the permit are , a menace or hazard to public or private property , or to any in- terest of the city , or to the lives or safety of persons ; or (4) Any of the permittee ' s operations or the continuance thereof upon the premises covered by the permit constitutes a public nuisance as described by this code in Article 238 ; or (5) If permittee shall have made any willful misrepre- sentation of facts in any application for any such permit , or in any report or record required by this code to be filed or furnished by permittee . 2319 . EFFECT OF SUSPENSION OR REVOCATION OF PERMIT . No person shall carry on any of the operations authorized to be 13 . 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 city in suspending or re- voking such permit; provided, however, that nothing therein con- tained shall be construed to prevent the performance of such operation as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, or violation for which the suspension or revocation of the permit was ordered, or such operation as necessary for the safety of persons . ARTICLE 232 BONDS AND INSURANCE 2321 . EXISTING WELLS . EXCEPTIONS FOR PRESENT BONDS . Except as to oil bonds existing on the effective day of this oil code which satisfy the requirements of the. previous Hunt- ington Beach Oil Code, a bond in the form required by this article shall be filed for each well drilled prior to said effective date of this chapter, which has not been "abandoned" prior to said effective date in accordance with the standards and laws of the State of California and the requirements of the Huntington Beach Ordinance Code . 2321. 1 . NEW WELLS . A bond or bond rider in the form required by this article shall accompany every application for drilling or redrilling of any oil well, injection well, or disposal well . 2322 . BOND FORM. Bonds or riders to existing bonds shall be on forms approved by the City Attorney and shall be filed with the Department of Oil Field Control . 2323 . SINGLE BONDS . Corporate surety bonds in the penal sum of Five Thousand Dollars ($5 ,000) shall be required. The bonds shall be executed by the operator as principal and by the authorized surety company as surety and conditioned that the principal named in the bond shall faithfully comply with this chapter and any other ordinance of the City of Huntington Beach, or of the Division of Fire Prevention of the City of Huntington Beach, which ordinance , law, rule or regulation in any manner pertains or applies to any of the principal ' s oil operations . Compliance by the principal named in the bond shall include compliance to any and all provisions , amendments and changes in the Huntington Beach Oil Ordinance regularly adopted. 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 comply with the pro- visions fully of this chapter. The bond shall include the cor- 14 . rect name and number and legal description or precise location of the well and such other information as may be necessary to identify the oil well readily . Any operator may furnish negotiable securities or cash in lieu of a corporate surety bond. The obligations and liabilities under the bonds required hereunder (corporate , surety or cash) are continuing obliga- tions and liabilities , and the liability of the surety under this bond may be terminated solely and only at the time or times , in the manner and by strict compliance with the provisions for termination of liability as set forth in any ordinance of the City of Huntington Beach. Regardless of expenditures which may incur from action on any bond, said bond .shall always be main- tained at its original face value, and it shall be the re- sponsibility of the principal to insure and provide that the bond shall be fully maintained. 2324 . SUBSTITUTION. A substitute bond may be filed in lieu of the bond on file hereunder and the Department of Oil Field Control shall accept and file the same if it is quali- fied in a proper form and substance and the bond for which it is substituting shall be exonerated. Substitution shall be allowed only if the Department of Oil Field Control and the City Attorney find that all of the conditions of the afore- mentioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned. 2325 . BLANKET BONDS . Any operator may, in lieu of filing a single bond on each well, as required by the foregoing, file a bond in the amount of Twenty-five Thousand Dollars ($25,000 ) if he has more than five (5) wells . 2326 . 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 require- ment or condition of these regulations , a 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 completion 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 thereupon, shall pay over to the Department of Oil Field Control the es- timated cost of doing the work as set forth in the notice . Upon receipt of such monies , the Department of Oil Field Con- trol shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, ;but no li- ability shall be incurred therein other than for the expendi- ture of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the Division 15 . of Oil 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 chapter. 2327 . EXONERATION. When the well or wells , covered by said bond have been properly abandoned in conformity with all regulations of this chapter, 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 Con- trol, or upon receipt of a satisfactory substitute bond, the bond issued in compliance with the regulations shall be termi- nated and cancelled and the surety relieved of all obliga- tions thereunder. 2328 . INSURANCE REQUIREMENT. All oil operators , drilling contractors and well-servicing companies doing busi- ness within the city limits of Huntington Beach, shall file with the oil field department within ninety (90 ) days after the effective date of this chapter, a certificate of insurance , with the City of Huntington Beach named as an additional in- sured, and in the following values : $50 ,000 property damage $100 ,000 and $300 ,000 personal liability ARTICLE 233 DRILLING; OPERATION; SAFETY AND STORAGE 2331. ENCROACHMENT. No operator or person while re- drilling, servicing, or maintaining any well drilled shall en- croach with equipment over public property lines , sidewalks , parkways , alleys or streets unless a permit therefor has been granted by the Department of Public Works . 2331 . 1. DERRICKS . All derricks and masts erected for drilling or redrilling shall meet the specifications of the American Petroleum Institute Standards 4A, 14th Edition and 4D, 3 years Edition, or the equivalent thereof. Any derrick or pulling mast shall be securely guyed or braced at all times the mast is in use , or if self-braced, the derrick or mast shall meet A.P .I . standards or the equi- valent thereof. In addition thereto the operator shall be required to show a certificate of insurance in accordance with the specifications of this code , naming the city as an additional insured . Drilling equipment and the derrick shall be removed from 16 . the premises within thirty (30 ) days following the completion or abandonment of any well . If the well is a producing well, then only that drilling equipment and those portions of the der- rick used in the drilling of said well as support for that equipment lowered into the well must be removed within thirty (30 ) days following the completion of such well. Once the well is a producing well, it shall be serviced by a portable derrick exclusively . Drilling operations shall be diligently prosecuted until the well is completed or abandoned. 2331 .2 . INSPECTION. If a well is to be drilled or re- drilled within 150 feet of any occupied 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 for purpose of inspection. 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 oil field superintendent shall not give his approval until all the appli- cable provisions of the City of Huntington Beach ordinance have been met . The oil field superintendent shall make his inspec- tion within a reasonable time after receiving notice from the operator. Upon completion of drilling operations the operator will notify the Department of Oil Field Control, and the department will make a final inspection of said drill site . 2322 . LIGHTS . No person shall permit or allow any lights located on any oil operation site to be directed in such a manner so that they shine directly on adjacent property or property in the general vicinity of the oil operation site . 2333 • SIGNS . A 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. Such sign shall have a surface area of not less than two (2 ) square feet and no more than four ( 4) square feet , bearing the current well name , and the names and phone numbers of two pumpers or operators of said well who may be contacted during any twenty- four (24 ) hour period for emergency reasons . 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 six (6) square feet bearing the name of the lease, the name and phone 17 . number of the leaseholder and/or operator responsible for said well, together with an openly visible sign on each producing well designating the particular name and/or number thereof . 2334 . SUMP OR SUMP HOLES . Rotary mud, drill cutting, oil field waste , oil or liquid hydrocarbons and all other oil field wastes derived or resulting from, or connected with the drilling or redrilling of any well shall be discharged into a steel tank. Such drill cuttings , rotary mud, and drilling waste materials shall be removed from the drill site within thirty (30 ) days from and after completion of drilling. On or after the effective date of this section, no person shall own or operate , or have possession of, or be in control of any well site on which an unlined sump or skim pond is located, or any sump or skim pond used in connection with the operation of any oil well; provided, however, that the pro- visions of this section shall not apply to portable sumps re- quired by the State Division of Oil and Gas or by the Regional Water Pollution Control Board. No person shall own or operate or have possession of or be in control of any oil well site on which an unlined sump or skim pond is located, or any property on which has been located a sump or skim pond which was used or is used in connection with the operation of any oil well unless such sump or skim pond has been excavated of all foreign materials and filled with clean earth to the level of the surrounding terrain. 2335 . PRIVATE ROADS AND DRILL SITES . Prior to the com- mencement of any drilling operations , all private roads used for access to the drill site and the drill site itself shall be sur- faced by clean, crushed rock, gravel or decomposed granite , or oiled, and maintained to prevent dust and mud . In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the oil field superintendent after consideration of all circumstances including, but not limited to the following factors : distances from public streets and highways ; distances from adjoining and nearby property owners whose surface rights are not leased by the operator; the purpose for which the property of such owners is or may be used; topo- graphical features ; nature of the soil; and exposure to wind. 2336 . DISTANCE. TIME . SOUNDPROOFING REQUIREMENTS . ( 1) It shall be unlawful for any person to engage in any work whatsoever on an oil operation site , which work is conducted within three hundred (300) feet of a dwelling unit, church, hospital , rest home, school, pre-school nursery, or other place of public assembly, except in the following sit- uations : 18 . (a) Where such work consists of minimum mainte- nance or surveillance on the oil operation site ; or (b ) Where such work is conducted between the hours of 7 :00 a.m. and 9 :00 p .m. ; or (c ) In case of emergency; or (d) Where the work being so conducted is sound- proofed and such soundproofing is approved by the oil field super- intendent . (2) Where operations are conducted beyond a distance of three hundred (300 ) feet from the aforementioned areas, the oil field superintendent may , in cases of disturbance , e .g. , excessive noise , odor, or vibration, order the oil operator to : (a) Enclose the derrick and all drilling machinery used in connection with drilling of any well, with fire resis- tant 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 (b ) Enclose all drilling machinery used in connec- tion with the drilling of any well with fire resistant sound- proofing material and the portable drilling mast shall be so enclosed, at least on three sides , to a height of twenty (20) feet , and provided further, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of 10 :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 superinten- dent may allow operations in connection with drilling or redril- ling 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 . Failure to comply with the order of the oil field superintendent hereunder shall constitute a misdemeanor violation pursuant to Section 2309 of this code . (3) 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. with- in two hundred (200) feet of any residential building within the city , excepting where circulation in the well must be maintained, or the well would be endangered if pulling work were not done immediately . 19 . (4) Notwithstanding the above, no person shall operate any oil well or any other installation, facility or structure related to oil production in a manner that would create a noise or vibration detrimental to the health, safety or welfare of the surrounding neighborhood. Such operation is hereby declared to constitute a public nuisance . 2337. ACCESS TO WELL HEAD. On all wells at all times there shall be connected a minimum of two (2) feet of two (2) inch A.P.I . schedule 40 pipe with a steel valve to the casing for the purpose of bleeding off casing pressure and for hookup to inject water, mud, or cement in order to kill the well during an emergency . 2337 . 1. BLOWOUT PREVENTION. In all cases, protection shall be provided to prevent blowout during drilling, pulling, redrilling, assisted recovery and abandoning operations as re- quired by and in conformance with the requirements of the State Division of Oil and Gas and the safety orders for drilling and production of the State Division of Industrial Safety . 2337 . 2 . CELLARS . The following regulations shall apply to cellars : (1) Every cellar shall be constructed in accordance with the Uniform Building Code, as adopted by the City Council of the City of Huntington Beach . (2) Such cellars shall be kept covered, free from water, oil drilling fluids, rubbish, debris , or other substances which might constitute a hazard, except during drilling and servicing operations . ( 3) The depth of such cellars shall be the vertical mea- surement between the lowest point of the floor area in the bottom of such cellar and the lowest point of ground or any surface adjacent to the top of the cellar wall. (4) All multiwell cellars exceeding three (3) feet in depth and twenty-five (25) feet in length shall have two (2) separate means of exit or entrance . If the cellar exceeds fifty (50) feet in length, one of the means of entrance or exit shall be a stairway . If the cellar exceeds two hundred (200) feet in length, a third means of entrance and exit shall be provided. (5) Multiwell cellars shall have a steel grate or cover- ing with no unobstructed openings in excess of three (3) inches . 2337. 3 • SETBACKS . All wells , tanks, including replacement 20 . tanks , and permanent structures, installed after the effective date of this chapter, shall be set back a minimum of twenty- five (25) feet from the street right of way and all future street rights of way, as depicted on the city 's Master Plan of Streets and Highways , or any precise plan of street alignment, and shall conform to Article 968, titled, "Combining Oil Dis- tricts , " of the Huntington Beach Ordinance Code . With the exception of pumping jacks, existing oil production equipment, over forty-two (42) inches high, in- cluding storage tanks , that are presently located within the safety-sight angle at street intersection rights of way or future rights of way, as depicted on the official city Master Plan or any precise plan of street alignment, will be relocated to comply with the required setbacks within one year after the effective date of this chapter. The safety-sight angle shall be triangular formed by mea- suring twenty-five ( 25) feet along the front and exterior side lot lines of a corner lot and striking a hypotenuse between the two points . 2337 . 4 . FENCES . All leaseholds or drill sites shall be fenced according to one of the following requirements or attended twenty-four (24) hours a day by an adult : (1) Individual Drill Sites . All individual drill sites, with oil well production equipment having external moving parts hazardous to life and limb shall be enclosed by a chain link fence or similar type of a height not less than six ( 6) feet . (2) Approved Drill Site and Drilling Island. An approved drill site or drilling island may be enclosed by a fence on the boundary lines of said drill site with a height of not less than six (6) feet . If the fence is of a block wall type, or similar permanent nature, the gate opening into the drill site shall be a minimum of twenty (20) feet in width. (3) 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 . 2338. INSTALLATION, OPERATION, AND SOUNDPROOFING OF OIL FIELD RECOVERY HEATERS . The following conditions shall be met for the installation and operation of an oil field re- covery heater: (1) All oil field recovery heaters shall have a valid State of California "Permit to Operate" and shall be equipped with and operated by safety controls which monitor certain essen- 21. tial operating conditions of the automatically controlled fired boiler and which shall shut down the boiler automatically and require manual restart when any of the essential conditions vary from certain prescribed limits . An emergency shutdown switch shall be installed a minimum of fifty (50) feet from the oil field recovery heater and shall be identified as such by a sign with minimum 3" letters . (2) Separation between oil field recovery heaters from residential, commercial, and public assemblage buildings shall be as follows : (a) Oil fired recovery heaters - five hundred ( 500) feet . (b) Gas fired recovery heaters - three hundred (300) feet . Where enclosed by a six (6) foot high six (6) inch block wall, the setback may be reduced to fifty (50) feet . (c ) All oil field recovery heaters will be set back a minimum of fifty (50) feet from any oil storage tank, well head or public right of way . (3) Where an oil field recovery heater is operated within an occupied residential area the heater shall be shielded with a fire resistant, soundproofing material so that the sound level at the nearest residence can be maintained at the average twenty-four (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 . (4 ) Oil field recovery heaters being operated in any residential zone shall have an attendant on duty at all times and shall be completely fenced, including the well head, with a six (6) foot high chain link or block-wall fence complete with two (2) self-closing gates installed on opposite sides of the enclosure . Steam lines from the heater to the well head shall be buried to a depth of one (1) foot or covered and/or wrapped with a minimum of one (1) inch thick approved asbestos pipe insulation. (5) An application for a permit to install and operate an oil field recovery heater shall be made to the oil field super- intendent who shall inspect the site and specify the location, setup, and/or standards of the heater, piping, head installation, valves , soundproofing (if required) , and other equipment . If approved, the oil field superintendent shall issue a permit to operate the heater pursuant to complying with Section 2311 . 4 22. of this code . Approval by the oil field superintendent does not relieve the applicant of the responsibility of securing addi- tional permits as required by other departments within the city . 2338. 1. USE OF POWER MOTORS . All power motors used for oil operations shall be located on the oil operation site when in operation, and shall be equipped with an exhaust muffler to prevent excessive or unusual noise . 2339 • FIRE PREVENTION. SOURCES OF IGNITION. All elec- trical equipment used, installed or maintained within fifty (50) feet of a drilling rig, within twenty-five (25) feet of a producing well, within the diked area or within twenty-five (25) feet of any oil tank, within any oil or testing laboratory, within any pumping station, absorption plant, refinery or other oil installations shall be installed and maintained in accordance with regulations of the California Electrical Safety Orders , Article 22, Hazardous Locations, Class 1, Division 2, which are hereby adopted, and by reference made a part of this code as though set forth fully herein. No stationary internal combustion engine, storage tank, boiler, pass through boiler, steam generator, direct fire heater, gas or oil burning device, spark producing device or other open flame shall be located closer than twenty-five (25) feet from a producing well head. During drilling operations no internal combustion engine or nonexplosive-proof electric motor on an adjoining oil well shall be in operation within fifty (50) feet of drilling operations . Internal combustion engines used in drilling and production units shall be exempt from these regulations . 2339 .1. "NO SMOKING" SIGNS . "No smoking" signs will be posted and maintained in all locations subject to "no smoking" regulations . All signs shall have letters four (4) inches in height, with readily visible locations approved or designated by the Fire Marshal . Such sign lettering shall be in red on a white background, or in white on a red background. 2339 . 2 . OIL STORAGE TANKS . All tanks installed after the effective date of this chapter used for the storage or production of oil, or the disposal of waste water shall conform to the following requirements and specifications and be placed in the following location with respect to other structures and property, or lease lines : (1) A.P.I. Specifications . All tanks shall conform to A.P .I . specifications within one (1) year after the effective date of this chapter, unless other specifications are approved by the oil field superintendent . 23 . (2) Structural Requirements . No operator, agent or per- son in charge or control of, or having any interest in or owning, either in whole or in part, any tank or similar struc- ture on any premises in this city, whether such interest is as operator, principal, agent, servant, employee, or otherwise, shall cause, allow or permit any such tank or similar structure to be constructed, erected, maintained or permitted to remain upon such premises unless said tank or structure is at all times composed of sound, structurally safe materials which are free from rot , rust and structural defects . (3) Safety Walls . Within six (6) months after the effective date of this chapter, all operators , persons , firms or corporations owning, operating or having control of storage tanks, clarifying tanks or tanks used in the production of oil within the city, shall construct and maintain safety walls or compacted earthen berms around such tanks . There shall be no openings in, through, or underneath said safety walls . The capacity requirements of safety walls or berms around tanks shall be one hundred percent (100%) capacity of the two largest tanks inside said safety walls or berms . 2339 . 3 . REMOVAL OF WOODEN CONSTRUCTION. Within six (6) months after the effective date of this chapter, all wooden production equipment , including walking beams and storage tank stairways and walkways, except wooden cellar coverings , shall be removed and replaced with suitable metal or noncombustible construction. 2339 . 4. PULLING MASTS AND GIN POLES . REMOVAL OF. All well servicing equipment or portable pulling masts or gin poles shall be removed from the lease or property and returned to the service yard within seven (7) days after completion of well servicing operation. 2339 . 5 . 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, servicing, repairing or manufacture of all drilling and production equipment, supplies or services . All equipment shall be stored in the service yard, and such service yard shall be fenced in accordance with requirements of the provisions of Division 9 of the Huntington Beach Ordinance Code . 2339 . 6 . PULLING LINE STRIPPER. All pulling or bailing wire line shall be adequately stripped and other precautions 24 . taken to prevent fluid from being carried on the line over the block to prevent spraying adjoining houses , buildings , streets , sidewalks or property. ARTICLE 234 CLEANUP AND MAINTENANCE 234o . CLEAN UP AFTER WELL SERVICING. Immediately after completion of well-servicing or abandonment operations the owner, operator, manager, pumper or superintendent shall remove all oily rags , waste materials , oil and debris , pump out the cellar and clean up the lease and repair all damage to public property caused by such servicing or abandonment operations . 234o . 1. CLEAN UP AFTER SPILLS, LEAKS, MALFUNCTIONS . Immediately after any spill, leak or malfunction the owner, operator, manager, pumper or superintendent shall remove or cause to be removed to the satisfaction of the oil field super- intendent , all oil and'waste material from any property affected by such spill, leak, or malfunction, be it public or private property . 234o . 2 . RELEASING OF FLUIDS . No person shall deposit, place , discharge or cause to be placed, deposited or discharged any oil, naptha, petroleum, asphaltum, tar, hydrocarbon sub- stances , or any kindred substances or any water mixed with any such substances or any refuse from any oil well or the contents of any sump hole or other container used in connection with an oil well in, into, or upon a storm drain, ditch, sewer or sanitary drain or sewer or into any portion of the Pacific Ocean within this city or upon any private property in this city, in such a manner that the same will run into or upon any irrigating ditch or storm drain or sanitary drain or sewer of this city . 234o . 3. SEISMIC PETROLEUM PROSPECTING. Seismic petro- leum prospecting, including the vibroseis and dinoseis methods, is prohibited in all areas of the City of Huntington Beach . 2341. OIL WELL MAINTENANCE. Any person operating an oil well within the City of Huntington Beach shall keep the oil operation site on which said well is located free from rub- bish, debris , trash, or any other waste material, and shall keep all structures of any type whatsoever located on said operation site painted and maintained in a clean, neat and sanitary con- dition. 2342 . ODORS PROHIBITED. No operator shall operate an oil well in such a manner that allows it to emit odors that are, or will be, offensive to the surrounding neighborhood. 25 . 2343. GAS EMISSION OR BURNING PROHIBITED . No opera- tor shall allow any gases to be vented into the atmosphere or to be burned by an open flame unless otherwise provided by law . 2344 . WALL AND GATES REQUIRED. No person owning, having possession of or in control of any oil operation site in the city shall maintain or allow to exist in connection therewith any moving parts of operating machinery in use or in- tended to be used at such oil well site, including all drilling or production equipment, unless such machinery and moving parts, is entirely enclosed by a minimum six (6) foot high decorative masonry wall with a gate for access, except that upon filing an application to the Commission for administrative action, the Commission may approve the use of substitute materials which, for safety reasons , shall be at least as secure as a chain link fence . The Commission may condition such approval . 2344 . 1. Within four years of the effective date of this chapter, the operator of the oil operation site shall con- struct a minimum six ( 6) foot high decorative masonry wall with a gate for access, said wall to be constructed entirely around said oil operation site, except that upon filing an application to the Planning Commission for administrative action, Commission may approve the use of substitute materials which, for safety reasons, may be at least as secure as a chain link fence . The Commission may condition such approval. 2344 . 2 . LOCKED GATES REQUIRED . The gates to any oil operation site shall be locked with a padlock at all times during which the oil operation site is unattended. 2344 . 3 . ACCESS . There shall be no more than one point of access to any oil operation site for each street upon which said site may front unless an additional access point is approved by the Board of Zoning Adjustments upon application for admini- strative review. 2345. LANDSCAPING REQUIRED. Within four years from the date of this chapter, all front setbacks and exterior side yard setbacks or areas which are created by the placement of a wall required by Section 2344 shall be landscaped and permanently maintained. All landscaping provided pursuant to this section shall be approved by the Board of Zoning Adjustments . 2346 . AUTOMATIC SPRINKLERS PROVIDED . Within four years from the date of this chapter, all landscaping installed on any oil operation site shall be maintained by an automatic sprinkler system or other adequate irrigation system as approved by the Board of Zoning Adjustments upon application for admini- strative review. 26 . 2347. BURIED PIPELINES . No person or persons shall lay or maintain any pipeline whatsoever leading from any opera- tion site that is not entirely buried beneath the ground surface . 2348 . The requirements of Sections 2344 . 1, 2345, 2346 and 2347 are subject to the following: (1) The Board of Zoning Adjustments , upon application for administrative review filed by the oil operator, may extend the time referred to above for a period not to exceed one year upon approval of such application. The Department of Oil Field Control shall submit a written report and recommendation to the Board prior to the Board' s action upon such application. No approval shall be given unless the Board finds that the exten- sion of time for conformance of the oil operation site with any one or more of the above referred to sections shall not cause the oil operation site to be incompatible with the surrounding area for the period of such extension. Such application may be conditionally approved and the time for conformance may be ex- tended for an additional one year period provided requests for each such extension are received before determination of the preceding one year period. Each such extension may be conditional. (2) The Board of Zoning Adjustments, upon application for a use permit filed by the oil operator, may extend the above period for conformance of any one or more of said sections for a period of two or more years upon finding that such extensions of time with respect to any one or more of such sections shall not make the oil operation site incompatible with surrounding areas for the period of such extension. The Board may condition such use permit . 2348 . FAILURE TO COMPLY. Failure to comply with the time period set out above in Sections 2344 . 1, 2345, 2346 and 2347 shall be hereby declared and deemed to result in a public nuisance upon the oil operation site whereon such failure oc- curs , and may be abated as such by appropriate civil or crimi- nal action. ARTICLE 235 WASTE WATER SYSTEM 2351 . WASTE WATER SYSTEM. For the purpose of handling industrial wastes from oil and gas wells including waste water and brine, the oil field department shall issue a sewer connec- tion permit to deposit such waste water and brine into the sani- tary sewer system of this city, provided such industrial waste does not contain more than two hundred parts per million by weight of any crude, distilled or refined petroleum products, 27 . mud, rotary mud, oils , fat, grease or other residuary products mentioned in the Fish and Game Code of the State of California; and provided further that such industrial wastes be handled through a clarification system approved by the Department of Oil Field Control. Insofar as the provisions of Article 314 of the Huntington Beach Ordinance Code relate to oil matters, where inconsistent with the provisions of this Chapter 23, the provisions of Chapter 23 shall prevail. 2352 . APPLICATION FEE. A verified application for such sewer connection permit shall be filed with the Department of Oil Field Control together with a fee of One Hundred Dollars ($100) per sewer connection. 2352 .1. CONTENTS OF APPLICATION. PROPERTY DESCRIPTION. Said application shall contain a description of the property upon which said water or waste water is located, the name of the owner of the property, the point where the water will be discharged into said sanitary sewer, the location of the clari- fying plant, type of plant to be used, including plans and specifications approved by the Department of Oil Field Control, and the method of clarifying and settling the objectionable sub- stances from said water, including plans and specifications of waste water settling systems . 2353. EASEMENTS . PROMISE TO INDEMNIFY. If said waste water is to be conducted over private property other than the oil leasehold belonging to persons other than applicant, written permission from the owner or owners of said property together with an agreement on the part of the applicant to indemnify and hold harmless the city and its officers and employees from any liability accruing to this city, its officers or employees on account of the granting of said application shall be presented with the application, subject to approval of the Office of the City Attorney . 2354. PERMITTEE TO PAY COSTS . All costs incurred by the permittee and all damages to city property by reason of permittee connecting to or closing out any of his connec- tions to city property shall be at permittee 's sole cost and expense . 2355 . GATE VALVE. The discharge line shall have a gate valve, located at the point of discharge, capable of being locked. 2356 . RULES FOR LAYING DRAIN PIPE TO SANITARY SEWER. The drain from the clarifier tank to the public sewer shall be laid on an even grade and straight with a fall of not less than 28 . one-quarter of an inch per lineal foot to a point on the line where an elbow may be placed from whence the said drain shall descend to the "Y" on said sewer at an angle of ninety (90) degrees . All drains connected with the sewer shall be of vitrified salt-glazed sewer pipe of the best quality and of not less than four (4) inches in internal diameter; all joints therein shall be neatly made with Portland cement composed of one part of said cement and two ( 2) parts of clean sand, and said joints shall be carefully swabbed out; all work must be left uncovered until the same has been properly tested and inspected. All changes in drain pipe must be made with one- eighth bends of "Y" and one-eighth bend; "T' s" are allowed in drain work. All sewer laterals extending to the public sewer shall be laid at a depth of not less than three (3) feet at the property line . The sewer connection to the sanitary system shall be pro- perly vented. ARTICLE 236 IDLE WELLS 2361 . An oil well shall be an idle well in the following situations : (1) If it produces less than twenty ( 20) barrels of crude oil or other hydrocarbon substances or less than 100,000 cubic feet of gas for sale, lease use, or storage within any ninety (90) consecutive day period commencing on or after the effective date of this chapter; or (2) If production thereof of oil, gas , and other hydro- carbon substances has ceased with intent of the operator, and/or well owner to cease production permanently. (3) Injection or disposal wells shall not be deemed idle pursuant to the above subsections (1) and (2) . 2362 . PRODUCTION REPORTS . The operator of any well shall file with the oil field department, during the first thirty (30) days of each quarter, for the last preceding calen- dar quarter, a statement in such form as the oil field super- intendent may designate, showing: (1) The amount of oil and gas produced from each well during the period indicated and the number of days during which fluid was produced from each well. (2) The number of wells drilling, redrilling, producing, idle, and owned or operated by such person. 29 . (3) In lieu of the above, the operators may submit to the oil field superintendent copies of State of California Depart- ment of Oil and Gas, Form 110 Report, as submitted to the State Department of Oil and Gas . (4) Oil operators and/or buyers of gas from wells in Hunt- ington Beach shall be required to meter such gas for inspection and review by the oil field superintendent when the latter re- quests same . 2362 . 1. FAILURE TO REPORT PRODUCTION. Failure to report production as required by the above provision, shall constitute a misdemeanor and subject the parties failing to report, to the provisions of Section 2309 of this chapter. 2362 . 2 . FALSE REPORTS . Filing a false, fraudulent, or intentionally inaccurate report shall constitute a misdemeanor punishable by fine, imprisonment or both as set forth in Section 2309 of this chapter. 2363 . REMOVAL OF IDLE EQUIPMENT . When a well is deter- mined to be an idle well pursuant to Section 2361 of this code, the surface area of said well site shall be cleaned pursuant to the following: (1) Notice shall be sent by the oil field superintendent, by registered or certified mail, to the owner of the fee simple interest in the land on which such well is situated as shown on the last equalized assessment roll, and to the owner of the mineral rights on which such well is situated as shown on the last equalized assessment roll, and the operator of such well as indicated on either the records of the State Division of Oil and Gas , Department of Natural Resources or the records of the Department of Oil Field Control . Once the notice is sent, the well or wells specified therein may not be activated unless the requirements of Article 237 of the Huntington Beach Ordinance Code are adhered to and satisfied. (2) Content of Notice . Said notice shall indicate the name and location of the well in question and a statement by the oil field superintendent of the reasons why such well is deemed to be an idle well as defined by Section 2361 of this code . The notice shall constitute a "Notice to Abate a Public Nuisance" pursuant to Section 373(a) of the California Penal Code . (3) Within ninety (90) days after said notice has been given, the parties to whom the notice has been sent shall 30 . clean and restore the well and drill site and surface in con- formity with the following requirements : (a) The derrick and all appurtenant equipment there- to existing above the surface of the ground level shall be re- moved from the drill site. (b) The drilling and production equipment, tanks, towers and other surface installations shall be removed from the drill site or tank farm site . (c) All concrete, pipe (except tubing head) , wood and other foreign materials existing above or on the surface of the ground level shall be removed from the drill site or tank farm site. (d) All oil, waste oil, refuse or waste material including debris, junk, unkempt and accumulated piles of miscel- laneous material shall be removed from the drill site or tank farm site. (e) The rathole and all holes , depressions and sumps shall be cleaned out of all foreign material (except well cellar walls ) regardless of depth and filled and packed with clean native earth. (f) The well head shall be capped with a blind flange and a minimum of one-inch steel bleeder valve shall be in- stalled, which shall be locked in a closed position . (4) The time period provided for compliance herein shall be suspended from the date an appeal is filed pursuant to Section 2304 of this code, until final decision is rendered on said appeal. (5) Wells Producing Gas Only. Within ninety (90) days of the effective date of this chapter all operators with wells producing gas only, shall remove all equipment unnecessary for the production of gas from the operation site . 2364. ABANDONMENT PROCEDURE . Whenever "abandonment" occurs pursuant to the requirements of the State Department of Oil and Gas , the party so abandoning shall be responsible for the restoration of the drill site and oil operation site to its original condition as nearly as practicable in conformity with the regulations of this code, including the following require- ments : (1) Well Requirements . The responsible party shall furnish the superintendent with: 31 . (a) A copy of the approval of Division of Oil and Gas , Department 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 commenced. Abandonment may then be commenced on or sub- sequent to the date so stated. (2 ) Surface Requirements . Abandonment shall be approved by the superintendent after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements : (a) The derrick and all appurtenant equipment thereto shall be removed from the drill site . (b) All tanks, towers and other surface installations shall be removed from the drill site . (c ) The oil well casing shall be cut off at bottom of cellar, and if there is no cellar, six (6) feet below the drill site grade at the cellar, but in no case below sea level . Nothing shall be replaced 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. (d) All concrete, pipe, wood and other foreign materials shall be removed from the drill site to a depth of six (6) feet below grade, unless it is a part of a multiwell cellar that is being used in connection with any other well for which a permit has been issued. (e) The top twenty-five (25) feet of the remaining casing, including the annulus , shall be filled with a cement plug. (f) A steel cap of not less than the same thickness of the casing shall be welded to the casing around the entire circumference of the well casing. (g) All holes and depressions shall be filled and packed with native earth . All oil waste oil p > > refuse or waste material shall be removed from the drill site . ( 3) As to wells abandoned prior to the effective date of this chapter, before construction or improvement work is to occur on the former oil leasehold or drill site, the sur- face requirements of this section shall be met . 32 . ARTICLE 237 NUISANCE ABATEMENT 2371. DECLARATION OF NUISANCE. WHEREAS, oil well structures and appurtenances which abound in the City of Hunt- ington Beach, are unsightly and impair the scenic beauty of Huntington Beach; and The conditions on or about oil well sites often constitute a hazard to the health and safety of the public; and Such .structures and equipment are often left dormant and idle; and The existence of these and other similar unsightly condi- tions is within the common knowledge of those persons who live in and travel through the city and view its various areas; and These conditions have a considerable detrimental effect on a substantial number of other properties including, but not limited to, pollution and diminution of surrounding property values ; and Huntington Beach is one of the fastest-growing cities in the nation, is continuing to grow at a rapid rate, and, in addi- tion, said city attracts five million visitors per year, and therefore, the aforestated conditions will detrimentally involve a growing number of people and property in the city; and The abatement of such conditions will enhance the appearance and value of the blighted properties and, abatement of such con- ditions will also appreciate the value and appearance of residen- tial properties in the general area, and ultimately will improve the image of Huntington Beach as a city of beauty and progress; and, The abatement of these conditions is in the best interest of the health, safety, morals and general welfare of the citizens of the City of Huntington Beach . Now, therefore, the oil field superintendent shall compile lists and descriptions of such property on and about the area upon which there exists or did exist oil well structures and appurte- nances whereon there exists the aforesaid conditions , including but not limited to, property upon which there is waste, junk, trash, debris, lumber and any conditions not maintained in a clean, neat and sanitary condition, and/or idle wells and equipment, deteriorating and defective structures , all of which constitute, and are hereby further declared to consti- 33 . tute, a public nuisance . The creation and/or maintenance of a public nuisance hereunder shall constitute a violation of the Huntington Beach Oil Ordinance . 2371. 1. Upon completion of the aforementioned lists and descriptions of lots , the oil field superintendent shall mail or serve a notice to abate a nuisance on the property owners, and/or lessees of surface or mineral rights, and/or oil opera- tors or occupants thereon. 2371. 2 . FORM OF NOTICE. The notice is to be sent by the oil field superintendent and shall be as follows : Notice is hereby given that pursuant to Chapter 23 of the Huntington Beach Ordinance Code, the City Council has declared conditions such as those on the property at to constitute a public nuisance, which must be abated by the removal of the objec- tionable material or conditions . Otherwise, it will be removed and the nuisance abated by the city, and the cost of removal assessed upon the lands and buildings from or in front of which the rubbish, refuse, etc. , are removed, and shall constitute a lien upon such land until paid. All those notified who have any objections to the proposed removal of the above material are hereby notified to attend the meeting of the Hun- tington Beach City Council in the Council Chambers of City Hall on the day of , 197 , when such objections shall be heard and given due consideration. 2371. 3 . HEARING AND RESOLUTION. Upon termination of the hearing, the City Council, if it finds a nuisance , shall pass the appropriate resolution, directing action on said lots , which resolution shall read as follows : RESOLVED by the City Council of the City of Huntington Beach, whereas the City Council caused written notice to be sent to the recipient as listed on the lists of lots , to clear said lots of the objectionable matter; and All parties desiring to object to said notice were heard on this day of , 197 NOW, THEREFORE, it is ordered that the oil 34 . field superintendent abate the nuisance and assess the cost to those responsible for the property as per the above lists , as approved. 2371. 4 . WORK. COSTS REPORT. HEARING ON ASSESSMENTS . RESOLUTIONS . (1) The lot-cleaning work shall proceed under the direc- tion of the oil field superintendent and may be done by city forces or private contractor. (2) The individual in charge of the work shall keep a record and account of the costs of abatement . (3) Upon completion of the work, a report shall be sub- mitted to the City Council and a hearing date set . (4) The parties to be assessed shall receive by mail fifteen (15) days prior to the hearing, the following notice to be sent by the city clerk: NOTICE IS HEREBY GIVEN that on the day of , 197 , at the hour of p .m. , in the Council Chambers , City Hall, Huntington Beach, California, the City Council of the City of Huntington Beach will hear and pass upon the report of the oil field superintendent containing the proposed sum to be assessed against the following-described property for abatement of the nuisance thereon; and when and where it will hear all objections or protests which may be raised by any party liable to be assessed for the costs of abatement, and any other interested persons , and that any person interested may file written protests with the City Clerk any time prior to the time set for such hearing on said report . Each such protest shall contain a description of the property in which the person signing is interested and the grounds for such pro- test . The property upon which the assessment is proposed to be levied is described as follows : (DESCRIPTION) The proposed assessment is the sum of (words) (5) A copy of the work-and-costs report of the oil field superintendent shall be posted for at least three (3) days 35 . prior to its submission to the City Council on or near the bulletin board on the front entrance of the Finance Building with notice of the time of submission. (6) Upon completion of the hearing, the Council shall resolve accordingly as follows : RESOLVED by the City Council of the City of Huntington Beach that pursuant to Resolution No . of the City Council of the City of Huntington Beach, adopted on the day of , 197 , the oil field super- intendent of the City of Huntington Beach caused the abatement of the nuisance by cleaning the lots indicated on the final list , attached hereto and by reference made a part hereof; and The oil field superintendent has filed with the Clerk of the city a report of such work; and Public hearing was held by this Council on the day of , 197 , at the hour of p .m. , in the Council Chambers, City of Huntington Beach, after notice duly pub- lished and mailed in time, form and manner required by law; and This Council has acquired jurisdiction to order confirmation of the proposed assessments ; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find, determine and order as follows : (a) The report of the oil field superintendent is hereby confirmed. (b) The sum of money listed as the costs of abatement, as indicated on the attached lists and incorporated herein, shall constitute a lien for the amount of such assessment . (c) Notice to pay such assessment shall be sent to parties liable to be assessed. (d) Notice of lien shall be filed in the office of the County Recorder for each parcel on the final list, and when recorded, shall be delivered by the oil field superintendent to the county controller and assessor who is expressly authorized to enter the 36 . amount thereof in the county assessment book opposite the description of said parcel, and thereafter such amount shall be collected at the time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same pro- cedures under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes . (7) No property owner shall be held liable for the cost of nuisance abatement unless said owner is also conducting oil operations on the property upon which the nuisance exists . In those cases where an oil lease supersedes the right of the prop- erty owner to come upon the leased premises and effectuate work thereon, the cost of nuisance abatement thereon shall be as- sessed only against such leaseholder. 2371. 5 . AMOUNTS RECEIVED . The oil field superintendent may receive the amount due on the abatement costs and issue receipt any time after the passage of the foregoing resolution and until thirty (30) days before taxes are collected. 2371. 6 . NOTICE TO PAY ASSESSMENT. The notice to pay assessment referred to in subparagraph (6) (c) of Section 2371. 4 of this code shall be as follows : NOTICE TO PAY ASSESSMENT Notice is hereby given to the parties liable to be assessed to pay the costs and expenses for the abatement of a public nuisance at in the sum of words ($ , and the same shall be a lien on said property until the sum has been paid in full and discharged of record. The real property upon which a lien is claimed is that certain parcel of land lying and being in the City of Huntington Beach, County of Orange, State of California, and particularly described as follows : (DESCRIPTION) DATED: Oil Field Superintendent 37 . 2371. 7 . PAID ASSESSMENTS . If the monies for assessments are paid, when received by the finance department, said depart- ment shall issue, receipts therefor and inform the county audi- tor to remove said assessments from the tax roll in accordance with payment received. 2371. 8. NOTICE OF LIEN. FORM. The notice of lien, re- ferred to in subparagraph (6) (d) of the resolution contained in Section 2371. 4 of this code shall be as follows : NOTICE OF LIEN Pursuant to the authority vested in the oil field superintendent, and resolutions of the City Council of the City of Huntington Beach attached hereto, said official did, on or about the day of , 197 , cause the abatement of the nuisances located at and the Oil Field Superintendent of the City of Huntington Beach did assess the cost of such work against the parties , served the order to abate, and the same has not been paid or any part thereof, and the City of Huntington Beach does hereby claim a lien on the property of those served for the net expense of abating the nuisance in the amount of said assessment; to wit, the sum of (words ) ($ ) , and the same shall be a lien on said real property until the sum has been paid in full and discharged of record. The real property upon which a lien is claimed is that certain parcel of land lying and being in the City of Huntington Beach, County of Orange, State of California, and particularly described as follows : (DESCRIPTION) Dated: erin Oil Field Superintendent t 2372 . ADDITIONAL REMEDIES . As to any lots or property declared to be a nuisance hereunder, the City Attorney of the City of Huntington Beach may proceed to abate the same by filing a civil action to abate a nuisance against the owners, or oil operators, or lessees or occupants thereon. 2379 . SEVERABILITY. If any section, subsection, sentence, 38 . clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the va- lidity of the remaining portions of the chapter. The City Council of the City of Huntington Beach hereby declares that it would have passed this chapter and each article , sec- tion, subsection, sentence, clause or phrase thereof, and any amendments or revisions thereto, irreespective of the fact that any one or more sections , subsections, sentences , clauses or phrases, or amendments or revisions thereto may be declared invalid or unconstitutional . SECTION 3 . All provisions and sections in conflict with this ordinance are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecution and punishment of any person, firm or corporation for any act done or committed prior to the effective date hereof in viola- tion of the provisions which are repealed hereby . SECTION 4. The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments . SECTION 5 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Hun— tington Beach at a regular meeting thereof held on the lst day of November 1971. Mayor ATTEST: APPROVED AS TO FORM: rzGLc,�e City erk City Attorney 39 . Ord. N,o. 1653 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 7th day of June 19 71 , and was again read to said City Council at a regular meeting thereof held on the lst day of November 1 19 71 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs , Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green I� lit C. JONES, CITY CLERK of the city of Cit Clerk and -officio Clerk H WWM**M Beach and ex-officio Clerk of the City y Comsat, do hereby certify that this ordinance has of the City Council of the City beese published in the Huntington Beach News on o-f Huntington Beach, California ---V�?L�- --- ( ------- 19.70. in accordance with the City Charter of said City- ------ -- PAUL-Q,,_,Tt2NES.--...---- •----------- CA Clerk _.. --•----- ...................... Deputy City Clerk