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HomeMy WebLinkAboutOrdinance #2186 ORDINANCE NO. 2186 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING TITLE 15 THEREOF AND ADDING A NEW TITLE 15 ENTITLED, "HUNTINGTON BEACH OIL CODE" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by repealing Title 15 thereof. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto a new Title 15 entitled, "Huntington Beach Oil Code," to read as follows : Title 15 HUNTINGTON BEACH OIL CODE Chapter 15 . 04 GENERAL PROVISIONS 15 . 04. 010 Title. This title shall be known and may be cited as the City of Huntington Beach Oil Code. "Code," as referred to in this title, unless the context clearly indicates otherwise, shall mean the City of Huntington Beach Oil Code . 15 . 04. 020 Purpose. It is hereby declared to be the purpose of this title 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 providing for their comfort , health, safety and general welfare. 15 . 04. 030 Administration. The director of building and community development is hereby authorized and directed to enforce the provisions of this code . "Director, " as referred MT: cs 1. to in this title, unless the context clearly indicates otherwise, shall mean the director of building and community development, or his duly appointed representative. 15. 04 . 040 Oil committee created--Duties of. There is hereby created for the city of Huntington Beach the oil committee composed of the following: a member of the city council, a member of the planning commission, the city attorney, fire chief, director of planning and environmental resources, director of building and community development, or the duly authorized agents of these parties, a representative of the Western Oil and Gas Association, and a member of the Independent Oil Producers Association. The committee shall serve as an advisory body to the department and city council with regard to the content of the oil code and revisions thereof. 15. 04. 050 Right of entry. Whenever necessary to enforce any of the provisions of this code, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises , any condition contrary to the provisions of this code, the director may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the director by this code. If such entry is re- fused, the director shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care of or control of any building or premises shall fail or neglect, after proper demand, to permit prompt entry therein by the director for any purpose pursuant to this code. 15. 04 . 060 Operator' s agent . Every operator of any well shall designate himself or 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 in writing of any change in such agent or such mailing address unless opera- tions within the city are discontinued. 15. 04 .070 Edell Acquisition Notice. Every person who ac- quires any we , ' 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, in writing,, of his ownership . The notice shall contain the following: (a) The name and address of the person acquiring such well, property or site; 2 . (b) The name and location of the well; (c) The date of acquisition; (d) A description of the properties and equipment trans- ferred; (e) The name and address of any person designated for service of notice. 15. 04. 0$0 Transfer of operator. The operator of every well shall notify the department in writing of the transfer to another operator of such well for any purpose . Within ten (10) days after such transfer by reason of sale, assignment, transfer, conveyance or exchange, said notice shall be given and shall contain the following: (a) The name and address of the person to whom such well was sold, assigned, transferred, conveyed or exchanged; (b ) The name and location of the well; (c ) The date of sale, assignment, transfer, conveyance or exchange; (d) The date when possession was relinquished by the former operator, and a description of the properties and equip- ment transferred. Chapter 15. 08 DEFINITIONS 15.0$.010 'Generally . The following terms as used in this code shall, unless the context indicates otherwise, have the respective meanings herein set forth: 15.08'. 020 Abandonment . "Abandonment" shall be as defined by the division of oil and gas of the department of conservation and shall include the restoration of the drill site as required by these regulations . 15. 0$. 030 Approved tyne and approved design. "Approved type and approved design shall mean and include improvements, equipment or facilities of a type or design approved by the department, fire department, or public works department . 15'.08. 040 Blowout preventer. "Blowout preventer" shall mean a mechanical, hydraulic, pneumatic or other device or com- 3 bination of such devices secured to the top of a well casing including valves, fittings and control mechanism connected therewith which can be closed around the drill pipe, or other tubular goods which completely closes the top of the casing and is designed for preventing blowout . 15. 08. 050 Cellar. "Cellar" shall mean an excavation around and above the top joint of the casing of a well. 15. 08. 060 Completion of drilling. Drilling is completed, for the purpose of these regulations, thirty (30) days after the drilling crew has been released through completion of its work or released by those so employing said drilling crew. 15. 08.070 Council. "Council" shall mean the elected gov- erning body of the city of Huntington Beach. 15. 08. 080 Department. "Department" shall mean the depart- ment of building and community development . 15. 08. 090 Derrick. "Derrick" shall mean any portable framework, tower, mast or structure which is or are required or used in connection with drilling, reworking, operating, or maintaining a well for the production of oil, gas or other hydrocarbons from the earth. 15. 08.100 Desertion. "Desertion" shall mean the cessation of operation at a drill site without compliance with the pro- visions of this code relating to suspended operations, idle wells, or abandonment . 1 08.11 �� 5. 0 Division of oil and as. Division of oil and g gas" shall mean the Division of Oil and Gas of the Department of Conservation of the state of California or any other state agency charged with its responsibilities . 15. 08.120 Drilling. "Drilling" shall mean digging or boring a hole in the earth for the purpose of exploring for, developing or producing of oil, geothermal resources, injection and hydrocarbon. 15. 08.130 Drilling equipment . "Drilling equipment" shall mean the derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equip- ment used or erected, or maintained for use in connection with drilling. 1'5. 08. 140 Drill site. "Drill site" shall mean the premises used during the drilling or reworking of a well or wells located thereon. 4 15. 08.150 'Gas . "Gas" shall mean any fluid, either combusti- ble or noncombustible, which is produced in a natural state -from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions . It shall also mean the gaseous components or vapors occurring in or derived from petroleum or natural gas . 15. 08.160 Injection well. "Injection well" shall mean a well or gas well used for the purpose of injecting water, waste- water, brine, hydrocarbons or steam as a means of secondary recovery or disposal whether under pressure, gravity or vacuum. 15. 08.170 Lessee. "Lessee" shall mean the person who has executed an oil or gas lease or sublease, or the owner of the land or minerals, or his heirs, or who has possession, or who conducts or carries on any oil or gas exploration, development and operation thereof, or any person so operating for himself or others. 15. 08. 180 Lessor. "Lessor" shall mean the owner of surface or mineral rights who has executed a lease . 15. 08.190 Maintenance. "Maintenance" shall mean and include the repair or replacement of machinery, equipment, apparatus, structure, facility and parts thereof, used in connection with an oil operation site or drill site which would constitute a fire or a hazard to employees, public health, safety and welfare . 15. 08.200 Natural gas plant, absorption plant, low temperature separator unit or low temperature 'extracti'on unit. Natural gas plant, absorption plant, low temperature separator unit, or low temperature extraction unit" shall mean plants for processing of natural gas from the production wells for the extraction c ion into its various components . 15. 08. 210 Oil field recovery heater. "Oil field recovery heater shall mean a once-through forced-circulation, water-tube steam generator, used only in the oil field thermal recovery operation having no fire pressure part larger than six (6) inches pipe size. 15.08 .220 Oil operation. "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, rework and repair, production, processing, extraction, assisted recovery, stimulation, abandonment, storage or shipping of oil or gas from the subsurface of the earth. 5. 15. 08. 210 Oil operation site. "Oil operation site" shall mean the physical location where oil operations are conducted. 15. 08 . 240 Operator. "Operator" shall mean any person drilling, maintaining, operating, pumping or in control of any well. However, if the operator, as herein defined, is different from the lessee under an oil or gas lease of any premises affected by the provisions of this title, then such lessee shall also be deemed to be an operator. In the event that there is no oil or gas lease relating to any premises affected by this title, the owner of the fee estate in the premises shall also be deemed an operator. 15. 08. 250 Outer boundary line. Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operating unit, the term "outer boundary line" shall mean the exterior limits of the land included in the lease or 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. 15. 08. 260 Owner. "Owner" shall mean a person who owns a legal or equitable title in and to the surfaces of the drill site or oil operation site. 15. 08 . 270 Person. "Person" shall mean and include any individual, firm, association, corporation, joint venture, estate or any other group or combination acting as a unit. 15. 08. 280 Processing. "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 oil, gas, other hydrocarbon substances, water or any combination thereof. 15.08 . 290 Rework or repair . "Rework or repair" shall mean any work carried on within a bore hole at the ground surface of an existing well, including recompletion within the existing bore hole or by a sidetrack operation beyond the extremities or sides of the existing bore hold casing. 15. 08 .300 Source of ignition. "Source of ignition" shall mean any flame, are., spark or heated object or surface capable of igniting liquids, gases or vapors. 15 . 08. 310 Sump or sump pit . "Sump or sump pit" shall mean an earthen pit lined or unlined for the discharge of oil field wastes. 6. 15.01 .320 Tank. "Tank" shall mean a container, covered or uncovered, used in conjunction with the drilling or production of an oil or gas well for holding or storing liquids . 15. 08,330 Tank farm. "Tank farm" shall mean a collection of tanks , 15. 08.340 Well. "Well" shall mean any oil or gas well or well drilled for the discovery of oil or gas, or any well reasonably presumed to contain oil or gas. "Well" shall include the injection wells for the purpose of secondary recovery, and disposal wells for the purpose of disposing of waste water. "Well" shall also include any well for the discovery of geo- thermal resources or any well on lands producing geothermal resources or reasonably presumed to contain geothermal resources, or any special well, converted producing well or reactivated or converted abandoned well employed for reinjecting geothermal resources or the residue thereof. 15.o8 .350 Well servicing. "Well servicing" shall mean the maintenance work performed within any existing well bore which does not involve drilling or reworking. Chapter 15 .12 PERMITS AND FEES 15.12. 010 Permit required. Permits shall be obtained from the city of Huntington Beach for the oil operations, activities, buildings, or structures in the city limits of Huntington Beach, as required by this title. 15.12. 020 Drilling or reworking permit . Drilling or re- working shall not be commenced unless or until a permit there- for has been obtained from the department . Said permit is herein referred to as a "drilling permit" . 15.12. 030 Annual inspection permit . The director shall inspect annually, and at such other times as. he deems necessary, each producing oil well and suspended or idle well or any oil well deemed idle by this title 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 inspection permit shall be obtained from the department for each and every well, including injection wells . 7. 15.12. 040 Waste water annual permit . Oil well waste water shall not be discharged into the sanitary system unless a permit therefor is obtained each calendar year for every well discharging such waste water into the sanitary system. 15.12. 050 Oil field recovery heater permit . No oil field recovery heater shall be installed for the purpose of secondary recovery unless a permit therefor has been obtained from the department . 15.12. 060 Activation permit . No idle well shall be activated without obtaining an activation permit in accordance with the provisions of this title. 15.12. 070 Other permits. Building, plumbing, electrical, mechanical, fire, demolition, and other permits shall be obtained from the appropriate department in accordance with the require- ments of, and in the manner specified by Title 17 of the Huntington Beach Municipal Code . 15.12. 080 Encroachment permit . An encroachment permit shall be obtained from the public works department when it is necessary to encroach over public property with any oil operation. 15.12. 090 Fees set by resolution--Fee payment date. Fees shall be required for the issuance of each of the permits required pursuant to this title. Such fees shall be set by resolution of the city council. Said resolution shall also determine the conditions of payment and collection of the required fees . The annual inspection fee shall be due and payable on July 1 of each year and, if not paid, shall be delinquent on August 1 of the same year. The waste water annual permit fee shall be due and payable on January 1 of each year and, if not paid, shall be delinquent on February 1 of the same year. The drilling, reworking, activation, and oil field re- covery heater permit fees shall be due and payable at the time of application therefor. 15.12 .100 Permit procedure. The application for a drilling, reworking., activation or oil field recover heater permit shall y be obtained from and filed with the department . Said application shall contain the following required information: (a) The complete legal description of the property; 8. (b ) Plans and engineering specifications of structures, drilling derricks, drilling masts, tank and high-pressure systems regulated by this code. Applicant need not file plans and engineering specifications of standard derricks, masts and tanks when such standard plans and specifications are already on file and approved by the department; (c ) A corporate surety bond in conformity with the provisions of this title. (d) A statement signed by the applicant under penalty of perjury declaring that he is duly authorized to sign on behalf of the operator and file the application and that the information contained in the application is true and correct . 15.12 .110 Permit utilization. No permit issued hereunder shall be valid unless utilization of the privileges granted thereby be commenced within one hundred twenty (120 ) days from and after the date of issuance of the permit, or if after com- mencement, such activity is suspended or abandoned at any time for a period of one hundred twenty (120) days. If no work has commenced and the one hundred twenty (120) day commencement period has not expired, the permittee may request, in writing, a refund for his fees paid minus Ten Dollars ($10) . 15.12. 120 Additional city permits. The permits required by this title are in addition to and are not in lieu of any permit which may be required by any other provision of the Huntington Beach Municipal Code. The department shall not issue any permit under this title until all other permits required by other departments, if any, have been issued and a fee, if required, has been paid. 15.12.130 Persons liable for fees . Each of the persons 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. 15. 12. 140 Penalty for delinquency. Any delinquent fee shall be subject to a penalty in an amount equal to ten percent (10%) of such fee. Such penalty shall be added thereto for each month for such delinquency, and shall be collected as part of such fee. 15.12.150 Grounds for suspension or revocation. . The director may, in writing, suspend or revoke any permit issued under the provisions of this code upon finding any of the following: (a) A permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions of the permit; 9. (b) 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 inciden- tal to his conduct of oil operations; (c ) If any of the permittee 's operations or the continuance thereof upon the premises covered by the permit are a menace or hazard to public or private property, or to any interest of the city, or to the lives or safety of persons; (d) Any of the permittee's operations or the continuance thereof upon the premises covered by the permit constitutes a public nuisance as described in this title. (e) 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 . 15.12.160 Effect of suspension or revocation of permit . No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof or after the revocation thereof, or pend- ing a judgment of the court upon any application for writ taken to review the decision or order of the city in suspending or revoking such permit; provided, however, that nothing therein contained 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 . 15 .12.170 Appeals . In addition to the hearings provided for by this title, any person or entity whose drilling, reworking, activation or renewal permit is revoked or whose well or equipment is deemed by the director to be idle may, within thirty (30) days of the decision of the director, file a written appeal to the board of appeals heretofore created by Section 17. 04. 040 of the Huntington Beach Municipal Code in accordance with the following procedure : (a) The board of appeals shall have and exercise the power to hear and determine n appeals where it is alleged there is error g or abuse of discretion regarding the revocation of any permits issued hereunder or determination of the existence of an idle well, as provided by this title. (b) An appeal shall be in writing and shall be filed in triplicate in the department . The grounds for appeal must be set forth specifically and the error described by the appellant . 10. (c) Within ten (10) days from and after the filing of the appeal, the director shall transmit to the board of appeals all papers involved in the proceedings and two (2) copies of the appeal. In addition, the director shall make and transmit to the board of appeals such supplementary reports as he may deem necessary to present the facts and circumstances of the case. Copies shall be mailed to the appellant ten (10) days prior to the hearing. (d) Upon receipt of the records, the director 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. No other notice need be given. (e) Upon the date for the hearing the board of appeals shall hear the appeal unless, for cause, the board of appeals shall on that date continue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set . Chapter 15 .16 BONDS 15.16. 010 Existing wells- Exception for present bonds. Except as to oil bonds existing on the effective date of this oil code which satisfy the requirements of the previous Huntington Beach Oil Code, a bond in the form required by this title shall be filed for each well drilled prior to said effective date of this title, 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 Municipal Code . 15.16. 020 New wells--Bond required. A bond or bond rider in the form required by this title shall accompany every applica- tion for drilling or reworking of any oil well, injection well, or disposal well. 15.16. 030 Bond form. Bonds or riders to existing bonds shall be on forms approved by the city attorney and shall be filed with the department. 15. 16. 040 Single bonds. Corporate surety bonds in the penal sum of Five Thousand Dollars ($5000) shall be required for 11. each well. 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 title and any other ordinance 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 with any and all provisions, amendments and changes in the Huntington Beach Municipal Code regularly adopted. The bond shall secure the city of Huntington Beach against all costs, charges and expenses incurred by it for the failure of the principal to comply fully with the provisions of the Huntington Beach Municipal Code . The bond shall include the correct 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 obligations 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 the Huntington Beach Municipal Code. Regardless of expenditures which may incur from action on any bond, said bond shall always be maintained at its original face value, and it shall be the responsibility of the principal to insure and provide that the bond shall be fully maintained. 15.16 . 050 Substitution. A substitute bond may be filed in lieu of the bond on file hereunder and the department shall accept and file same if it is qualified in proper form and substance . The bond for which it is substituting shall then be exonerated. 15.16. 060 Blanket bonds. Any operator, in lieu filing a separate bond on each well as required by the foregoing, may file a blanket bond in the amount of Twenty-five Thousand Dollars ($25,000 ) if he has more than five (5) wells. 15.16. 070 Default in performance of conditions--;-Notice to be given. Whenever the department finds that a default has occurred in the performance of any requirement 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 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 12. pay over to the department 125 percent the estimated cost of doing the work as set forth in the notice. Upon receipt of such monies, the department shall proceed by such mode as deemed convenient to cause the required work to be performed and com- pleted, but no liability shall be incurred therein other than for the expenditure 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 title. In the event the surety does not cause the work to be performed and fails or refuses to pay over to the department the estimated cost of the work to be done as set forth in the notice, the city may proceed to obtain compliance and abate the default by way of civil action against the surety, or by criminal action against the principal, or by both such methods. 15.16. 080 Exoneration. When the well or wells, covered by said bonds have been properly abandoned in conformity with all regulations of this title, and in conformity with all regulations of the division of oil and gas -and notice to that effect has been received by the department , or upon receipt of a satisfactory substitute bond, the bond issued in compliance with these regu- lations shall be terminated and cancelled and the surety relieved of all obligations thereunder. Chapter 15. 20 DRILLING AND SAFETY REGULATIONS 15 .20. 010 Derricks . All derricks and portable masts erected for drilling or reworking shall meet the specifica- tions of the American Petroleum Institute Standards 4A, 16th Edition, and 4D, 6th Edition, respectively, or the equivalent . All drilling equipment shall be removed from the drill site within thirty (30) days following the completion of the well drilled or upon determining that the well will not produce the quantities specified in this code . 15.20. 020 Inspection. If a well is to be drilled or re- worked within one hundred fifty (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 shall notify the department for the purpose of inspec- tion. If an inspection is anticipated to be needed other than during normal working hours, the operator shall notify the de- partment during a working day of the approximate time the 13 operator will be ready for the inspection and shall not commence drilling until the department has made an inspection and given approval to commence. The director shall not give his approval until all the applicable provisions of the Huntington Beach Municipal Code have been net . The director shall make his inspection within a reasonable time after receiving notice from the operator. Upon completion of drilling or reworking operations, the operator shall notify the department, and the department shall make a final inspection of said drill site. 15. 20. 030 Well setbacks . It shall be unlawful to drill any well, the center of which at the surface of the ground is located within twenty-five (25) feet from any outer boundary line or from any recovery heater, oil storage tank, source of ignition, building or structure, except existing well hole or within twenty-five (25) feet of any public street, road, or highway or future street rights-of-way. Setbacks shall conform to appropriate provisions of the Huntington Beach Ordinance Code . 15.20 .040 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 prop- erty or property in the general vicinity of the oil operation site. 15. 20 .050 Signs . A sign shall be prominently displayed and maintained in good condition near or on the pumping unit or fence of each well whether producing or not . Such sign shall be of durable material and shall have a surface area of not less than two (2 ) square feet nor more than four (4) square feet and shall be lettered with the following: (a) Well name and number; (b) Name of operator; (c ) Telephone numbers of two (2) persons responsible for said well who may be contacted in case of an emergency. In the event the drill site or leasehold is fenced or walled it shall be sufficient if all entrances to said drill site or leasehold are posted with a like sign. In addition, a readily visible sign of durable material designating the well name and number shall be posted on or near each and every well within the drill site or leasehold. 15 .20. 060 "No smoking" signs. "No smoking" signs of a durable material shall be posted and maintained in all locations 14. approved or designated by the fire marshal. Sign lettering shall be four (4) inches in height and shall be red on a white background or white on a red background. 15.20. 070 Waste removal. Rotary mud, drill cutting, oil or liquid hydrocarbons and all other oil field wastes derived or resulting from, or connected with the drilling or reworking of any well shall be discharged into a portable steel tank. Waste materials shall be removed from the drill site within thirty (30) days from and after completion of drilling. 15. 20. 080 Unlined sump, sump pits or skim ponds--Prohibited. No person sha11 own, operate, have possession of, be in control of, or maintain any well site, former well site or property on which an unlined sump or sump pit or skim pond is located. All such sumps or sump pits and skim ponds shall be excavated of all foreign materials and filled with compactible earth to the level of the surrounding terrain. The provisions of this section shall not apply to portable sump tanks as required by the state division of oil and gas or the regional water pollution control board. 15. 20 . O90 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 surfaced with 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 director after consideration of all circumstances including, but not limited to, the following: 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; topographical features; nature of the soil; and exposure to wind. 15. 20.100 Oil operation--Location--Time. (a) It shall be unlawful for any person to engage in any work whatsoever on any oil operation site within three hundred (300) feet of a dwelling unit, church, hospital, rest home, school, preschool nursery, or other place of public assembly, except in the following situations : (1) Where such work consists of minimum maintenance or surveillance on the oil operation site; or (2) Where such work is conducted between the hours of 7 : 00 a.m. and 11: 00 p .m. ; or (3) In case of emergency; or 15. (4) Where the work being so conducted is soundproofed and such soundproofing is approved by the director. (b) Where operations are conducted beyond a distance of three hundred (300) feet from the aforementioned facilities, the director may, in cases of disturbance, such as, excessive noise or vibration, require the oil operator to: (1) 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 serv- iceable condition. No operations other than well logging shall be conducted outside the enclosure; or (2) Enclose all drilling machinery used in connection with the drilling or reworking operations with fire resistant soundproofing material including the drilling mast or derrick, which shall be so enclosed on a minimum of three (3) sides to a height of twenty (20) feet, and conduct no operations between the hours of 11: 00 p.m. and 7: 00 a.m. with the exception of circulation of fluids and well logging. In the case of emer- gency., or if in his opinion the the noise is minimal, the director may allow other phases of the operation to continue during the restricted hours . 15 . 20. 110 Well servicing hours . It shall be unlawful to do any work between the hours of 11: 00 p .m. and 7 : 00 a.m, in connection with pulling a well which is within two hundred (200) feet of any residential building, except where circulation in the well must be maintained, or the well would be endangered if the pulling work were not continued. 15. 20 .120 Well head safety equipment. On all wells there shall be connected to the casing string a two (2) inch steel valve with a rated working pressure equal to that of the corres- ponding casing head for the purpose of bleeding off casing pressure and for hookup to kill the well in case of an emergency. 15.20 .130 Blowout prevention. In all cases, protection shall be provided to prevent blowout during oil operations as required by and in conformance with the requirements of the state division of oil and gas and the safety orders for dril- ling and production of the state division of industrial safety. 15 .20 .140 Cellars . The following regulations shall apply to cellars : (a) Every cellar shall be constructed in accordance with the Huntington Beach Building Code; 16. (b) Except during drilling and servicing operations, such cellars shall be kept covered, free from water, oil dril- ling fluids, rubbish, debris , or other substances to the extent that they constitute a hazard; (c ) 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 two hundred (200) feet in length, a third means of entrance and exit shall be provided. The depth of such cellars shall be the vertical distance between the lowest point of the floor of such cellar and the adjacent ground level; (d) Multiwell cellars shall have a steel grate or covering with no unobstructed openings in excess of three (3) inches. 15. 20 .150 Fence permit required. No fence or wall shall be constructed to enclose any oil well site, oil operation site or drilling island site in whole or in part until a permit therefor shall have. been issued by the department . As a con- dition of issuing such permit, the director may impose thereon such conditions that are necessary in the interest of the public safety. Such fence or wall shall be constructed in accordance with the conditions of such permit . The provisions relating to dedication of right-of-way and construction of improvements shall not be applicable to the issuance of such permit. All such enclosures shall be subject to the appropriate setback of the Huntington Beach Ordinance Code. 15.20. 160 Fences . All oil operation sites, drilling islands, and individual drill sites having external moving parts hazardous to life or limb shall be completely enclosed by a chain link fence, masonry wall, or other approved fencing material according to one of the following requirements : (a) Individual drill sites : (1) All chain link fence enclosures shall have a minimum height of six (6) feet ; (2) There shall be at least one gated opening for access, placed in a nonhazardous position and said gate(s) shall be kept locked at all times while left unattended by a watchman or serviceman; (3) There shall be no aperture opening below the fence greater than four (4) inches; (4) Fencing constructed of individual chain link panels shall be securely latched, pinned or hinged to prevent 17. unauthorized persons from gaining access to such equipment or oil site; (5) Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence; (6) The fence shall at all times be maintained in a state of good repair. (b) Oil operation sites and drilling islands : All chain link fences used to enclose in whole or in part any oil operation site or drilling island site shall meeting the following speci- fications • (1) The fence fabric shall be at least six (6) feet in height; (2) Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence; (3) The chain link fabric shall be galvanized steel wire with a minimum plating of 1. 2 ounces of zinc per square foot of surface area with both selvages barbed; (4) The chain link fence fabric shall have a minimum thickness of eleven (11) gauge; (5) The chain link fabric shall be two (2) inch mesh; provided, however, three and one-half (3 1/2) inch mesh may be used on any fence where the fabric is interwoven with artificial screening of redwood slats; (6) Post and rails shall be standard galvanized, welded pipe, schedule forty (40) or thicker; provided, however, that non-galvanized drill pipe may be used if it exceeds schedule forty (40) in thickness; (7) All pipe and other ferrous parts, except chain link fabric and drill pipe, shall be galvanized inside and out- side with a plating which contains a minimum of 1. 2 ounces of zinc per square foot of surface area; (8) Tension rods shall be three-eighths (3/8) inch round steel bolt stock. Adjustable tighteners shall be turn- buckle or equivalent having a six (6) inch minimum take up. Tension bars shall have a minimum thickness of one-fourth by three-fourths (1/4 x 3/4) inch. 18. 15.20 .170 Masonry wall specifications . All masonry walls used to enclose in whole or in part any oil well site, oil operation site or drilling island site shall be constructed in accordance with standard engineering practices and shall meet the following specifications: (a) The wall shall be of a design compatible with the facilities, buildings and structures on and adjacent to the site; (b) The wall shall be at least six (6) feet in height; (c) It shall be constructed in accordance with the pro- visions of theHuntington Beach Building Code . 15. 20. 180 Gate specifications . For oil operations and drill sites, all chain link fences and masonry walls shall be equipped with at least one gated area. The gated areas shall meet the following specifications : (a) Each gated area shall be twelve (12) feet wide and be composed of two (2) gates, each of which is six (6) feet wide, or one sliding gate twelve (12) feet wide. The gates shall latch and lock in the center of the twelve (12) foot span; j (b) The gates shall be of chain link construction which meets the applicable specifications or of other approved material which, for safety reasons, shall be at least as secure as chain link fence; (c) They shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site; (d) Hinges shall be heavy duty malleable iron or steel industrial service type with a one hundred eighty (180) degree swing. 15.20.190 Operation of oil field recovery heaters. 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 essential operating conditions and which shall shut down the boiler and require manual restart when any of_the essential conditions vary from 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 letters not less than three (3) inches high. 19. 15.20 200 Application for 'installation required--hnspection. An application for a permit to install and operate an oil field recovery heater shall be made to the director who shall inspect the site and specify the location, setup, and standards of the heater, piping, head installation, valves, soundproofing (if required) , and other equipment . If approved, the director shall issue a permit to operate the heater pursuant to compliance with this code. Approval by the director does not relieve the applicant of the responsibility of securing additional per- mits as required by other departments within the city. 15 .20 .210 Installation. The distance between oil field recovery heaters and residential, commercial, and public assemblage buildings shall be as follows : (a) Oil-fired recovery heaters : five hundred (500) feet. Except where enclosed by a six (6) foot high masonry wall, the distance may be reduced to one hundred (100) feet; (b) Gas-fired recovery heaters : three hundred (300) feet . Except where enclosed by a six (6) foot high masonry wall, the distance may be reduced to fifty (50) feet . (c) All oil field recovery heaters shall be separated a minimum of twenty-five (25) feet from any oil storage tank, well—head or public right-of-way; (d) Oil field recovery heaters being operated in any residential zone shall be completely fenced, including the well- head, with a six (6) foot high chain link or other approved 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 foot or wrapped with a minimum of one inch thick approved asbestos pipe insulation. 15. 20. 220 Soundproofing. Where an oil field recovery heater is operated within an occupied residential area, the director may, in cases of disturbance such as excessive noise or vibration, require the operator to : (a) Enclose the heater with a fire-resistant, soundproofing material which shall be maintained in a serviceable condition; or (b) In the case of emergency or when it has been determined by the director that the noise or vibration is detrimental to the health, safety or welfare of the surrounding neighborhood, the director may order the operator to cease operations . 20. 11.20. 230 Muffling exhaust . It shall be unlawful for any person, owner or operator to discharge into the open air the exhaust from any steam engine, internal combustion engine stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and prevent the escape of obnoxious gases, fumes or ignited carbon or soot . 15. 20. 240 Public nuisance declared. The foregoing sections notwithstanding, no person shall conduct any oil operation in a manner that would create a noise, odor or vibration detrimental to the health, safety or welfare of the surrounding neighborhood or any considerable number of persons. Such operation is hereby declared to constitute a public nuisance . 15. 20. 250 Fire prevention--Sources of ignition. All electrical equipment used, installed or maintained within fifty (50) feet of a drilling rig, or within twenty-five (25) feet of any other oil operation shall be installed and main- tained in accordance with regulations of the California Elec- trical Safety Orders, Article 22, Hazardous Locations , Class 1, Division 2, which are hereby adopted. No boiler, pass-through boiler, steam generator, direct fired heater, gas or oil burning device, or other open flame shall be located closer than twenty-five (25) feet from a well- head or oil storage tank. 15.20. 260 Oil storage tanks . All tanks used for the storage, production of oil, or the disposal of waste water shall conform to the following: (a) A.P. I. Specifications . All tanks shall conform to American Petroleum Institute A.P.I. ) specifications unless other specifications are approved by the director. (b) Structural Requirements . If, as determined by the director, any structure used or operated in connection with any oil operation is structurally unsound to the point of being hazardous, he may order the person in charge of such oil operation to provide licensed civil or structural engineers' analysis nertaining to the adequacy of said structure. (c) Dikes and Capacity Requirements . All persons owning, operating or having control of storage tanks, clarifying tanks or tanks used in connection with the production of oil shall construct and maintain dikes around said tanks . Drainage dikes and walls shall be constructed and maintained as per the most 21. current edition of National Fire Protection Association Standard #30, paragraph 2173. 15.20.270 Tank setbacks . All new tanks, including replace- ment tanks, and permanent structures shall be set back as per Article 21 of National Fire Protection Association Standard #30, but in all cases shall be at least a minimum of twenty-five (25) feet from an ultimate right-of-way as defined in Section 9700.19 (1) of the Huntington Beach Ordinance Code. EXCEPTION: The replacement of existing oil storage tanks, which pose a hazard of bursting or of severe leakage or of any other danger to persons or other property, and which cannot meet the required setback limits, may be authorized by the director but in no case may the replacement tank be of a larger capacity, diameter or height than the existing tank. 15.20.280 Setbacks General. With the exception of pumping units , no oil production equipment over forty-two (42 ) inches high shall be located or relocated within the safety-sight angle at street intersections . The safety-sight angle shall be triangular and formed by measuring to a point twenty-five (25) feet along the front and exterior side lot lines of a corner lot from the point of inter- section of said lines and striking a hypotenuse between the two points . 15. 20 .290 Portable pulling masts and gin poles--Removal of. All well servicing equipment, including portable pulling masts and gin poles, shall be removed from the leasehold, oil operation sites or drill site within seven (7) days after com- pletion of well servicing operation. i 15.20.300 Storage of equipment . (a) No drilling or production equipment shall be stored on the oil operation site which is not essential to the everyday operation of the oil well located thereon. This includes the removal of idle equip- ment unnecessary for the operation of gas wells, flowing wells, disposal wells, water and steam injectors and wells produced by electric bottom hole pumps. (b) Lumber, pipes, tubing and casing shall not be left on the oil operation site except when drilling or well servicing operations are being conducted on the site. (c) Waste control shall be as per Section 15.1003 of the Huntington Beach Fire Code. h 22.. (d) No drilling or production equipment shall be stored on an oil operation site except where said site is entirely enclosed with a six (6) foot high masonry wall or a fence of chain link fabric interwoven with artificial screening of red- wood slats such that the stored equipment is effectively screened from view. (e) It shall be illegal for any person, owner or operator to park or store any vehicle or item of machinery in any driveway, alley or upon any oil operation site which constitutes a fire hazard or an obstruction to or interference with fighting or con- trolling fires except that equipment necessary for the maintenance of the oil well site or for the gathering or transportation of hydrocarbon substances from the site. Chapter 15 .24 CLEANUP AND MAINTENANCE 15 .24. 010 Cleanup after well servicing. After completion of well servicing or abandonment operations, the responsible party shall pump out the cellar, clean the drill site area and repair all damage to public property caused by such servicing or abandonment operations . 15 .24. 020 Cleanup after spills, leaks and malfunctions . After any spill, leak or malfunction, the responsible party shall remove or cause to be removed to the satisfaction of the director, all oil and waste materials from any public or private property affected by such spill, leak or malfunction. 15. 24. 030 Releasing of fluids . No person shall deposit, place, discharge or cause or permit to be placed, deposited or discharged any oil, naptha, petroleum, asphaltum, tar, hydro- carbon substances or any refuse including waste water and brine from any oil operation or the contents of any container used in connection with an oil operation in, into, or upon a public right-of-way, a storm drain, ditch or sewer; a sanitary drain or sewer; any portion of the Pacific Ocean or any body of water; or any private property in this city. 15. 24. 040 Freedom from debris . All property on which is located an oil well site shall at all times be kept free of a) debris, b) pools of oil, water or other liquids, c ) weeds, d) brush, e) trash, or other waste material . 15. 24 . 050 Painting. All production equipment on the oil operation site shall be painted and maintained at all times, 23 including pumping units, storage tanks, heaters, exposed pipe lines, and buildings or structures . When requiring painting of such facilities, the director shall consider the deterioration of the quality of the material of which such facility or structure is contructed, the degree of rust, and its appearance. 15.24. 060 Gas emission or burning prohibited. No person shall allow or cause or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law. Chapter 15 .28 WASTE WATER SYSTEM 15.28.010 Waste water system. For the purpose of handling industrial wastes from oil and gas wells, including waste water and brine, the department shall issue a sewer connection permit to deposit such waste water and brine into the sanitary sewer system, provided such industrial waste does not contain more than one hundred (100) milligrams/liter of any crude, distilled or refined petroleum products, mud, rotary mud, oils, or other residual products mentioned in Orange County Sanitation District Discharge regulations . Such industrial waste shall be processed through a clarification system approved by the department . At no time shall discharge water be over 1400 Fahrenheit at point of entry to the sewer. 15.28.020 Sewer connection permit'--Application fee. No connection shall be made to the sanitary sewer system until a sewer connection permit has been obtained from the department . An application for such sewer connection permit shall be filed with the department together with a fee of One Hundred Dollars ($100) per sewer connection. 15.28. 030 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 and the method of clarifying and settling the objectionable substances from said 24. water, including plans and specifications of waste water settling systems . 15.28.040 Damages . The permittee shall be responsible for all damages to city property. 15.28. 050 Discharge line . The discharge line shall have an approved gate valve and shall be provided with an approved method of observing or testing the waste water for impurities . 15. 28. 060 Rules for laying drain pipe to sanitary_ sewer. The method of installation for the discharge line from the clarifying tank, including all pipe and fittings , shall be in accordance with the provisions of the Huntington Beach Plumbing Code. No sewer connection to the sanitary system shall be made by other than a licensed plumbing contractor. Chapter 15 .32 NONPRODUCING AND IDLE WELLS 15.32. 010 Production report--Filing dates. The operator of any well shall file with the department, during the first thirty (30) days of each quarter, for the last preceding calendar quarter, a statement in such form as the director may designate, showing: (a) 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; (b) The number of wells drilling, reworking, producing, idle, and owned or operated by such person; (c) In lieu of the above, the operators may submit to the director copies of State of California, Division of Oil and Gas Form 110 Report, as submitted to the State Division of Oil and Gas ; (d) Oil operators and buyers of gas from wells in Huntington Beach shall be required to meter such gas for inspection and review by the director when the latter requests same. 15.32 . 020 Production report--Failure. Failure to report production as required by Section 15 .32 . 010 shall constitute a 25. misdemeanor punishable as set forth in Chapter 1.16 of the Huntington Beach Municipal Code. 15.32.030 Production report--False. Filing a false, fraud- ulent, or intentionally inaccurate report shall constitute a misdemeanor punishable by fine, imprisonment or both. 15.32.040 Nonproducing oil wells. Whenever any oil well, conforming with the provisions of Division 9, fails to produce at the quarterly rate of twenty (20) barrels of crude oil or other hydrocarbon substances or at a quarterly rate of one hundred thousand (100,000) cubic feet of gas for sale, lease use or storage for two successive calendar quarters, such well shall be classified as "nonproducing. " Such nonproducing well, when located on a site with other oil production operations , shall be maintained in accordance with the provisions of this title . When such nonproducing well is located on a site having no other oil production activity, the director shall notify the operator that the well has been classified as nonproducing and, in the event the well is not reactivated within six (6) months of the date it first became nonproducing, a hearing will be initiated before the planning commission to show cause why the "0" zoning classification on the oil production site should not be removed. In the event the 110" zoning is removed, the well shall thereafter be an "idle" well and subject to the requirements for such wells as set forth below. Whenever any oil well, which is nonconforming under the pro- visions of Division 9, fails to produce at a quarterly rate of twenty (20) barrels of crude oil or other hydrocarbon substances or at a quarterly rate of one hundred thousand (100,000) cubic feet of gas for sale, lease use or storage for two (2) successive calendar quarters, such well shall be classified as "nonproducing. " When any such well has become nonproducing, the director shall notify the operator that the well has been so classified and give notice that said well will become an "idle" well thirty (30 ) days from the date of such notice unless the operator, within that thirty (30 ) day period, shows cause why the well should not be classified an "idle" well. In the event the operator fails to show cause why the well should not be classified an "idle" well, such well shall be so classified and any nonconforming rights to continue or reactivate such oil operation shall cease. 15.32 . 050 Idle wells . When a well is determined to be an "idle well according to the provisions of Section 15 .32 .040 above, 26. the surface area of the well site shall be cleaned pursuant to the following: (a) Notice shall be sent by the director, 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 to the operator of such well as indicated on either the records of the state division of oil and gas, department of conservation or the records of the department of building and community development . Once the notice is sent, the well or wells specified therein may not be activated unless the requirements of Chapter 15. 40 of this code are adhered to and satisfied. (b) The notice shall indicate the name and location of the well in question and a statement by the director of the reasons why such well is an idle well as defined by Section 15. 32. 040 of this code . 15.32. 060 Site restoration--Procedure. Within thirty (30 ) days after notice has been mailed, the parties to whom the notice has been sent shall clean and restore the drill site and surface in conformity with the following requirements : (a) The derrick and all appurtenant equipment thereto existing above the surface of the ground level shall be removed 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, trash and accumulated piles of miscellaneous 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 compactible soil; (f) The well head shall be capped with a blind flange and a minimum of two (2) inch steel bleeder valve shall be installed, which shall be locked in a closed position. 27. r 15 32. 070 Extension of nonconforming rights . In the event the director finds that the operator has shown that the subject well should not be classified an "idle" well, he is authorized to extend the nonconforming rights of such oil operation for a period not to exceed six (6) months. Such extension may be subject to reasonable conditions to insure that the oil operation site is maintained in a safe and clean condition. In order to extend the nonconforming rights , the director shall find that: (a) Because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the provisions of this section deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning classification; (b) Approval will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zoning classification; (c) Approval will not be detrimental to the public welfare or injurious to property or improvements in the area; (d) Approval will not be in conflict with established general and specific plans and policies of the city; (e) That the site is adequate to accommodate continuatio n of the use; (f) That there is compliance with the applicable provisions of the Huntington Beach Municipal Code. 15.32.080 Site restoration—Time limit. The time period provided for compliance herein shall be suspended from the date an appeal is filed pursuant to Section 15 .12.170 of this code, until final decision is rendered on the appeal. 15.32. 090 Abandonment procedure . Whenever abandonment occurs pursuant to the requirements of the division of oil and gas, the person 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, as provided in this title. 15. 32.100 Abandoned well requirement . The responsible party shall furnish the director with: (a) A copy of the approval of the division of oil and gas, confirming compliance with all abandonment proceedings under the state law; and 28 . (b) A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated. 15.32. 110 Abandoned well'--Surface requirements . Abandon- ment shall be approved by the director 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) In the case of multiwell cellars, the casing shall be cut off at cellar bottom. Nothing shall be placed in the hole above the point of cut-off until the cut-off has been inspected by the director and found to be in compliance with all applicable provisions of law; (d) All concrete, piping, wood and other foreign materials, regardless of depth, shall be removed from the drill site, unless 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 fifty (50) feet of the remaining casing, including the annulus, shall be filled with concrete; (f) A steel cap, not less than the same thickness of the well casing, shall be welded to the casing around the entire circumference of the well casing; (g) All holes and depressions shall be filled with clean, compactible soil. All oil, waste oil, refuse or waste material shall be removed from the drill site. 15.32. 120 Nonconforming wells and drill 'sites . All wells and drill sites abandoned or deserted prior to the effective date of this title shall meet the requirements of the above section prior to the issuance of any building or grading permit for development of the property. 15.32. 130 Maintenance of records. The director shall maintain current and accurate records of each well drill site or lease. Such records shall reflect the status of each well and its drill site or lease with respect to each of the regulatory 29. provisions of this oil code. The records shall also indicate whether each well is producing, idle, or abandoned and whether it is in compliance with the Huntington Beach Municipal Code. Chapter 15. 36 NUISANCE OIL WELLS AND SITES 15.36.010 Notice and hear niz. Whenever the director determines that a public nuisance, as described in Section 15. 20. 240 exists on any property or in connection with any well, drill site or lease he shall give notice to the property owner, the lessee of surface or mineral rights, the oil operator and the occupants of any such property to abate such nuisance . The notice shall also state that in the event the nuisance is not abated as directed, the objectionable material or con- dition may 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 nuisance is removed and such cost shall constitute a lien upon such land until paid. The notice shall also specify a date and time within thirty (30) days of the date of the notice when the city council will hold a public hearing to afford those so notified an opportunity to be heard concerning the determination of the director and the notice to remove or eliminate the nuisance conditions . The city council may direct the department to proceed with the work necessary to remove the objectionable conditions or materials and to take such other action as is necessary to abate the nuisance. 15.36. 020 Work--Costs report--Hearing on assessment . The work shall proceed under the direction of the director and may be done by city forces or private contractor. The individual in charge of' the work shall keep a record and account of the costs of abatement . Upon completion of the work, a report shall be filed with the city clerk who shall set a hearing before the city council. The parties to be assessed shall receive by first class, prepaid mail a notice of a public hearing on the assessment . 15.36 . 030 Notice of lien filled to pay assessment . If the cost of assessment is approved by the city council after the hearing thereof, a notice of lien shall be filed in the office of the county recorder for each parcel of land involved, and when recorded, shall be delivered by the director to the county con- t_�oller and assessor who is expressly authorized to enter the amount thereof in the county assessment book opposite the descrip- tion of said parcels, 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 procedures under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes . 30. Notice to pay the assessment shall be sent to the parties liable to be assessed. 15'.36. 040 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. —Chapter 15 .40 ACTIVATION OF IDLE IJELLS 15.40 . 010 Activation permit required. No person shall activate or put into production any oil well that is an idle well pursuant to this code, or any well whose drill site has been cleaned and restored in accordance with this code, unless an activation permit has been first obtained pursuant to the pro- visions of this title . 15. 40 . 020 Application and fee . An application,. on a form provided by the department, shall be filed with the depart- ment together with the required permit fee. The application shall include a plot plan and such other information necessary to show that the property and the oil operation will comply with the provisions of this title and Article 968 of Division 9 . No activation permit application shall be accepted by the department unless the property on which the well is located may be lawfully used for oil operations in accordance with the pro- visions of Division 9 and the required permit application fee is paid. Such fee shall not be refundable . 15. 40 .030 Action by director. Within ten (10) working days after such application is filed, the director shall review the application and when he finds that activation of the well as requested in the application and the property on which the oil operation is to be located meets all of the requirements of this title and other applicable provisions of Division 9, he shall issue the activation permit . If the director is unable to find compliance with the applicable provisions of Division 9, he shall deny the permit and shall give notice to the applicant of such denial. 15. 40 .04O Expiration of permit . Any activation permit issued under the provisions of this title shall expire by limitation and become null and void if the oil operation autho- rized by such permit is not commenced within one hundred twenty (120) days from the date of issuance of such permit . 31. 11. 40. 050 Test permit . At the request of the applicant and prior to the issuance of the activation permit, the director may grant a test permit for a period not to exceed ninety (90) days . This test permit is to authorize the applicant to operate the well on a test basis to determine if said well is capable of producing in the quantities specified in this code. The test permit shall not be issued unless the drill site and oil operation is in compliance with all the provisions of this title and other applicable provisions of Division 9 except that equipment, materials and operations necessary for the conducting of the test shall be permitted. Should the well fail to produce oil, gas or other hydro- carbon substances within the ninety (90) day period in a manner sufficient to demonstrate that it is capable of producing the quantities specified in this code, the applicant shall abandon the well within one hundred twenty (120) days from the issuance of the test permit in accordance with the regulations of the division of oil and gas and this title. 15. 40 .060 Cease and desist order. If, at any time, any operator is in violation of any of the provisions of this title, the director may order compliance and set a reasonable period of time for same . If compliance is not obtained within the time period specified, the director 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 director to cease and desist and shall not resume any operation at the site affected unless and until the written approval of the director is obtained. SECTION 3 . Any person violating any of the provisions of the Huntington Beach Oil Code or causing or permitting the same to be done, 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 (1) year or both such fine and imprisonment . Such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person. SECTION 4. If- any section, subdivision, sentence, clause, phrase, or portion of this title, or the application thereof to any person, is for any reason held to be invalid or unconstitutional 32. by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title or its application to other persons . The City Council hereby declares that it would have adopted this title and each subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clauses, phrases or portions or the application thereof to any person be declared invalid or unconstitutional. SECTION 5. The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Municipal Code relating to the same subject matter shall be construed as restatements and continuations and not new enactments. SECTION 6. 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 Huntington Beach at a regular meeting thereof held on the 2nd day of May 1977• ATTEST: 6 Alicia M. Wentworth City Clerk Mayor PRO TE14 By, Deputy City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: Cibk Administrator City Att76ey M-r INITIATED AND APPROVED AS TO CONTENT: 334 Ord. No. 2186 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 18tI1 day of April 19 77 , and was again read to said City Council at a regular meeting thereof held on the 2nd day of May , 19 77 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Pattinson Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clerk 1, Alicia M. Wentworth CITY CLERK of the City of Huntin,ton Beach and ex-officio Clerk of the City Co.:nc'i, do hereby certify that this crdinance has be:n fj ,end in the Huntirg`on Scsch News on 19 In aqc ... r e a. h t;i City .-'hai er o. said C,ty. ALICIA M. VH,ENTW RT14 --- -••-- city Clerk Deputy Cit Clerk