HomeMy WebLinkAboutOrdinance #2491 ORDINANCE NO. 2491
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING TITLE 15 AND ADDING THERETO A
NEW TITLE 15 ENTITLED, "HUNTINGTON BEACH OIL
CODE"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Title 15 of the Huntington Beach Municipal
Code is hereby repealed.
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 :
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 re-
ferred 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 pur-
pose of this title to establish reasonable and uniform limita-
tions, safeguards and controls for present and future opera-
tions related to 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, thus pro-
tecting the people in the enjoyment and use of their property
and providing for their comfort , health, safety and general wel-
fare.
15. 04.030 Administration. The fire chief, or his duly
appointed representative, is hereby authorized and directed to
enforce the provisions of this code, except that requirements
pertaining to fences, walls and gates, and idle wells shall
be jointly enforced by the fire chief and the director of de-
velopment services , or their duly appointed representatives.
15.04. 040 Oil committee--Authorization and duties. The
/ahb
5/8/81
1.
council may from time to time appoint, on an ad hoc basis, an
oil committee which shall include , but is not limited to, the
fo
llowing: a member of the city council a member of the planning
ng
commission, the city attorney, fire chief, director of development
services , or the duly authorized agents of such members , a repre-
sentative of the Western Oil and Gas Association, and a member of
the Independent Oil Producers Association. A representative of
the California division of oil and gas may be requested to serve
as an ex off icio member of such committee. The committee shall
act as an advisory body to the department and city council with
regard to the contents of this code and its revision.
15. 04.050 Right of entry. Whenever necessary to enforce
any of the provisions of this code, or whenever the fire chief
has reasonable cause to believe that there exists in any build-
ing or upon any premises any condition contrary to the provisions
of this code, the chief , or his authorized representative, may
enter such building or premises at all reasonable times to in-
spect the same or to perform any duty imposed upon the chief by
this code. If such entry is refused, the chief shall have re-
course to every remedy provided by law to secure entry.
No owner or occupant or any other person having, charge,
care or control of any building or premises shall fail or neg-
lect, after proper demand, to permit prompt entry therein by
the chief 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 resi-
dent of the state of California, upon whom all orders and notices
provided in this code may be served in person, or by registered
or certified mail. Every operator so designating such agent shall
within ten (10) days notify the department in writing of any
change in such agent or such mailing address unless operations
within the city are discontinued.
15. 04.070 Well acquisition notice. Every person who ac-
quires 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 in writing of his owner-
ship. The notice shall contain the following:
(a) The name and address of the person acquiring such well,
property or site;
(b) The name and location of the well;
(c) The date of acquisition;
2.
(d) A description of the properties and equipment trans-
ferred;
( e) The name and address of any person designated for serv-
ice of notice.
15. 04 .080 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 . 08. 010 Definitions. The terms used in this title shall,
unless the context indicates otherwise, have the respective mean-
ings 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.
15.08.030 Approved type and approved design. "Approved
type and approved design" shall mean and include improvements,
equipment or facilities of a type or design approved by the
development services 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-
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
3.
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, redrilling and reworking.
Drilling, redrilling and reworking is completed for the purpose of
these regulations, thirty (30) days after the drilling, redrilling
or reworking crew has been released through completion of its work
or released by those so employing said crew.
15. 08. 070 Department. "Department," unless specified
otherwise in this title, shall mean the fire department.
15. 08.080 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 main-
taining a well for the production of oil, gas or other hydrocarbons
from the earth.
15.08.090 Desertion. "Desertion" shall mean the cessation
of operation at a drill site without compliance with the pro-
visions of this title relating to suspended operations, idle
wells, or abandonment.
15. 08. 100 Developed area. "Developed area" shall mean:
(a) Any area within 150 feet of an occupied residential,
commercial, or off ice/professional structure which is itself
within one hundred (100) feet of another occupied residential,
commercial, or office/professional structure; or
(b) Any area within a public park, beach or recreation area
which has been developed and opened for public use.
15. 08 .110 Division of oil and gas. "Division of oil and
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 new well for the purpose of exploring for, developing or pro-
ducing oil, gas or other hydrocarbons, or for the purpose of in-
jecting water, steam or any other fluid or substance into the
earth.
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-
4.
ment used or erected, or maintained for use in connection with
drilling.
15. 08. 140 Drill site. "Drill site" shall mean the premises
used during the drilling or reworking of a well or wells located
thereon.
15. 08 . 150 Enhanced recovery. "Enhanced recovery" shall mean
any production method which involves the injection of water, gas,
steam, or any other fluid into the earth for the purpose of ex-
tracting oil or other hydrocarbons.
15. 08. 160 Fluids. "Fluids" shall mean any gas or liquid.
15. 08.170 Gas. "Gas" shall mean any fluid, either com-
bustible 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. 180 Injection well. "Injection well" shall mean a
well or gas well used for the purpose of injecting water, waste-
water, brine, hydrocarbons , steam or any other substance as a
means of enhanced recovery, repressurization or disposal whether
under pressure, gravity or vacuum.
15. 08. 190 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 conducts or carries on
any oil or gas exploration, development and operation thereof,
or any person so operating for himself or others .
15. 08. 200 Lessor. "Lessor" shall mean the owner of surface
or mineral rights who has executed a lease.
15. 08. 210 Maintenance. "Maintenance" shall mean and
include the repair or replacement of machinery, equipment, ap-
paratus, structure, facility and parts thereof, used in con-
nection with an oil operation site or drill site as well as any
other work necessary to reduce fire hazards or any hazards to
employees, public health, safety and welfare.
15. 08. 220 New well. "New well" shall mean a new well bore
or well hole established at the ground surface and shall not in-
clude redrilling or reworking of an existing well which is not
abandoned.
15. 08. 230 Oil field recovery heater. "Oil field recovery
heater" shall mean any steam generator , or air or water heater
5•
used in an oil field thermal recovery operation.
15. 08. 240 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, redrilling,
reworking and repair, production, processing, extraction, en-
hanced recovery, stimulation, abandonment, storage or shipping
of oil or gas from the subsurface of the earth.
15. 08.250 Oil operation site. "Oil operation site" shall
mean the physical location where oil operations are conducted.
15. 08. 260 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 af-
fected 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. 08.270 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 in-
cluded 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. 08.280 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. 290 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. 300 Redrill . "Redrill" shall mean recompletion of
an existing well by deepening or sidetrack operations extending
more than 150 feet from the existing well bore.
15. 08. 310 Reworking. "Reworking" shall mean recompletion of
an existing well within the existing bore hole or by deepening or
sidetrack operations which do not extend more than 150 feet from
the existing well bore, or replacement of well liners or casings.
6.
15. 08 .320 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. 330 Sump or sump pit. "Sump or sump pit" shall mean
an earthen pit lined or unlined for the discharge of oil field
wastes.
15. 08. 340 Tank. "Tank" shall mean a container, covered or
uncovered, used in conjunction with the drilling or production
of oil, gas or other hydrocarbons for holding or storing fluids.
15. 08.350 Well. "Well" shall mean any oil or gas well or
well drilled for the production of oil or gas , or any well rea-
sonably presumed to contain oil or gas . "Well" shall include
the injection wells for the purpose of enhanced recovery, re-
pressurization of the field and disposal wells for the purpose
of disposing of wastewater.
15. 08.360 Well servicing. "Well servicing" shall mean
the maintenance work performed within any existing well bore
which does not involve drilling, redrilling 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 , activi-
ties, or structures in the city limits of Huntington Beach, as
required by this title.
15. 12 .020 Drilling or redrilling permit. Drilling or re-
drilling shall not be commenced unless or until:
(a) A copy of approval for such operations from the di-
vision of oil and gas is submitted to the fire chief; and
(b) A permit for such operations has been obtained from
the department. Said permit is herein referred to as a "drilling
permit."
15. 12.030` Annual renewal inspection permit . The fire chief
shall inspect annually, and at such other times as he deems nec-
essary, each producing oil well and suspended or idle well or
any oil well deemed idle by this title for the purpose of ascer-
taining 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
7.
each year thereafter until the well has been abandoned, as pro-
vided in this code, an annual renewal inspection permit shall be
obtained from the department for each and every well, including
injection wells.
15. 12.040 Annual renewal inspection permit--Additional
requirements. a Fencing: Beginning July 1, 1983, an annual
renewal inspection permit shall not be issued for any well in a
developed area, as defined in this title, which is not enclosed
by a fence which conforms to the specifications contained in
Chapter 15. 22 of this title, and the regulations of the division
of oil and gas as contained in the California administrative
code as they presently exist or may hereafter be amended. The
chief may grant an extension of six (6) months so that fencing
requirements may be met if the area has become developed since
the issuance of the last annual renewal inspection permit.
(b) Landscaping : Beginning July 1, 1983, an annual re-
newal inspection permit shall not be issued for any well in a
developed area, as defined in this title, which has not been
landscaped to conform to the requirements of this title and to
a landscape plan, submitted for the review and approval of the
chief and the director of development services . The chief may
grant an extension of six (6) months so that landscaping re-
quirements may be met if the area has become developed since
the issuance of the last annual renewal inspection permit. Land-
scaping shall not be required for any well or tank which is not
visible from a public street unless the well is within a public
park, beach or recreation area which has been developed and open
for public use.
15. 12.050 Wastewater annual permit. Oil well wastewater
shall not be discharged into the city' s sanitary sewer system
unless a permit therefor is obtained each calendar year from
the public works department for every well discharging such
wastewater into the system.
15. 12.060 Reworking permit. Reworking shall not be com-
menced unless or until :
(a) A copy of approval for such operation from the di-
vision of oil and gas is submitted to the chief; and
(b) A reworking permit for such operation has been ob-
tained from the department .
15. 12.070 Activation permit . No idle well shall be acti-
vated without obtaining an activation permit in accordance
with the provisions of this title.
15. 12.080 Other permits. Building, plumbing, electrical,
8.
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 .090 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 oper-
ation.
15. 12.100 Fees set by resolution--Fee payment date. Fees
shall be required for the issuance of each of the permits re-
quired pursuant to this chapter. 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 wastewater 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, and activation fees shall be due
and payable at the time of application therefor.
15. 12.110 Permit procedure. The application for a drilling,
reworking, or activation permit shall be obtained from and filed
with the department. Said application shall contain the follow-
ing required information:
( a) The complete legal description of the property;
(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 plot plan showing the location of all oil facilities
on the oil operation site including, but not limited to, wells,
tanks, dikes, pipelines , heaters and storage sheds;
(d) The location of the nearest public road or alley, oc-
cupied residences and commercial structures within five hundred
(500) feet of the well; also the location of all churches, hospi-
tals, rest homes , schools , preschools , nurseries and places of
9.
public assembly within five hundred (500) feet of the well;
( e) A corporate surety bond in conformity with the provisions
of this title;
(f) A landscape plan which meets the requirements of this
title. Exemption: Reworking permits and wells which are not in
developed areas , as defined in this code shall be exempt from this
requirement.
(g) 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. 120 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 )
days commencement period has not expired, the permittee may re-
quest, in writing, a refund for his fees paid minus ten dollars
( $10) .
15. 12 . 130 Additional 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 or by any other government agency. The department
shall not issue any permit under this title until all other per-
mits required by other municipal departments , if any, have been
issued and a fee, if required, has been paid.
15. 12. 140 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. 150 Penalty for delinquency. Any delinquent fee
shall be subject to a penalty in an amount equal to 10 percent
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. 160 Grounds for suspension or revocation. The fire
chief 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 per-
10 .
form, comply with and abide by any of the conditions of the
permit ;
(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 in-
directly, by reason of or in connection with or incidental to
his conduct of oil operations;
(c) If any of the permittee' s operations or the contin-
uance 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 ;
(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. 170 Effect of suspension or revocation of permit.
No person shall carry on any operations performed under the
terms of any permit during any period of permit suspension
or revocation, 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 revoking such permit; provided, how-
ever, 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 suspen-
sion or revocation of the permit was ordered, or such opera-
tion as necessary for the safety of persons or as required
by the division of oil and gas.
15. 12 . 180 Appeals . In addition to the hearings provided
for by this title, any person or entity whose drilling, re-
working, activation or annual renewal inspection permit is re-
voked or whose well or equipment is deemed by the fire chief to
be idle may, within thirty (30) days of the decision of the
chief, file a written appeal to the planning commission in
accordance with the following procedure:
(a) The planning commission shall have and exercise the
power to hear and determine appeals where it is alleged there
is error or abuse of discretion regarding the revocation of any
permits issued hereunder or determination of the existence of
11 .
an idle well, as provided by this title.
(b) An appeal shall be in writing and shall be filed in
triplicate in the department of development services. The
grounds for appeal must be set forth specifically and the error
described by the appellant.
(c) Within ten (10) days from and after the filing of
the appeal, the director of development services shall transmit
to the planning commission all papers involved in the pro-
ceedings and two (2) copies of the appeal. In addition, the
director of development services shall make and transmit to the
planning commission 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 of development
services 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 planning commission
shall hear the appeal unless , for cause, the planning commission
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 effec-
tive 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 appli-
cation for drilling or reworking of any oil well, injection
well, or disposal well.
15. 16 .030 Bond form. Bonds or riders to existing bonds
12 .
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 ten thousand dollars ($10 ,000) shall be required
for 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 nec-
essary to identify the oil well readily. Any operator may fur-
nish 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 provi-
sions for termination of liability as set forth in the Huntington
Beach Municipal Code. Regardless of expenditures which may in-
cur 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.
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 of filing
a separate bond on each well as required by the foregoing, may
file a blanket bond in the amount of fifty thousand dollars
( $50,000) 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
13.
i
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
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, OPERATION AND SAFETY REGULATIONS
15 .20. 010 Derricks. All derricks and portable masts used
for drilling or reworking shall meet the standards and specifica-
tions of the American Petroleum Institute as they presently exist
or may be amended hereafter.
All drilling, redrilling or reworking equipment shall be re-
moved from the operation site within thirty (30) days following
the completion of drilling, redrilling or reworking unless other-
wise permitted by the division of oil and gas.
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
14.
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
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 fire chief shall not give his ap-
proval until all the applicable provisions of the Huntington
Beach Municipal Code have been met. The chief 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 chief shall make
an inspection of said drill site to insure that provisions of
this code and/or any conditions of the drilling or reworking per-
mit have been met.
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
(a) From any outer boundary line, or
(b) From any recovery heater, oil storage tank, or source
of ignition, or
(c) Within one hundred (100) feet of any building not nec-
essary to the operation of the well, or
(d) Within three hundred (300) feet of any building used
as a place of public assembly, institution or school, or
( e) Within twenty (25) feet of any public street, road
or highway or future street right-of-way. Setbacks shall conform
to appropriate provisions of the Huntington Beach Ordinance Code.
(f) The distances set out in subsections ( c) , (d) and ( e)
of this section may be reduced at the discretion of the chief if
a six (6 ) foot masonry wall is constructed around the perimeter
of the site. For protection of the public health, safety and
welfare, the chief may impose additional requirements for a reduc-
tion of such distances.
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.
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, unless otherwise required by the di-
vision of oil and gas , 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
approved or designated by the fire chief. 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 operation site within
thirty (30) days from and after completion of drilling.
15. 20.080 Unlined sump, sump pits or skim ponds--Prohibited.
No person shall 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 for-
eign 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 divi-
sion of oil and gas or the regional water pollution control board.
15. 20.090 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
16 .
cases these requirements governing surfacing of private roads
may be altered at the discretion of the chief after considera-
tion 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 prop-
erty of such owners is or may be used; topographical features ;
nature of the soil; and exposure to wind.
15. 20 . 100 Oil operations--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 a.m. and 11 p .m. ; or
(3) In case of emergency; or
(4) Where so ordered by the division of oil and gas; or
(5) Where the work being so conducted is soundproofed
and such soundproofing is approved by the chief.
(b) Where operations are conducted beyond a distance of
three hundred (300) feet from the aforementioned facilities,
the chief 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, redrilling, 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 p.m. and 7 a.m. with the exception of
circulation of fluids and well logging. The fire chief may allow
other phases of the operation to continue during the restricted
p p g
hours if, in his opinion, the noise is minimal, or if required by
the division of oil and gas, or in the case of emergency.
17 .
( c) Where oil operations are conducted in a developed area
and an internal combustion engine is used, such site shall be
soundproofed to meet the requirements of the Huntington Beach
Municipal Code.
15. 20. 110 Well servicing hours. It shall be unlawful to
do any work between the hours of 11 p.m. and 7 a.m. in connec-
tion 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 Wellhead 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 corre-
sponding 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. 1140 Cellars . The following regulations shall apply
to cellars:
(a) Every cellar shall be constructed in accordance with
the Huntington Beach Building Code and with the requirements as
they now exist, or are hereafter amended, of the California
division of industrial safety;
(b) Except during drilling and servicing operations, such
cellars shall be kept covered, free from water, oil drilling
fluids , rubbish, debris , or other substances;
(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
18 .
therefor shall have been issued by the development services de-
partment. As a condition of issuing such permit , the director
of development services or the fire chief may impose thereon
any conditions as are necessary in the interest of the public
safety, and such fence or wall shall be constructed in accord-
ance with such conditions. The provisions relating to dedica-
tion of right-of-way and construction of improvements shall not
be applicable to the issuance of such permit. All such en-
closures shall be subject to the setback requirements contained
in this title.
15. 20. 160 Fences. All oil operation sites, drilling is-
lands, 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 ac-
cording to one of the following requirements:
(a) Individual drill sites :
(1) All chain link fence enclosures shall have a mini-
mum 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 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
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 opera-
tion site or drilling island site shall meet the following specifi-
cations :
( 1) The fence fabric shall be at least six (6) feet
in height;
( 2) Support posts shall be set in concrete and shall
19.
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 or shall be coated with vinyl or plastic material,
approved by the fire chief, 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 or other material approved by the chief
and the director of development services in accordance with the
provisions of Chapter 5.22.
( 6) Post and rails shall be standard galvanized, welded
pipe, schedule forty (40) or thicker; provided, however, that
nongalvanized 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.
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 :
Ili ( 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 the Huntington Beach Building Code.
15. 20. 180 Gate specifications. For oil operations and
20.
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;
(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 con-
ditions and which shall shut down the boiler and require manual
restart when any of the essential conditions vary from pre-
scribed limits. An emergency shutdown switch shall be in-
stalled a minimum of fifty (50) feet from the oil field re-
covery heater and shall be identified as such by a sign with let-
ters not less than three (3) inches high.
15. 20. 200 Notification of installation. Prior to the in-
stallation and operation of any oil field recovery heater, the
person or entity proposing to install and operate such heater
shall so notify the department. All heaters shall be installed
and operated in compliance with the applicable provisions of
this chapter.
15. 20.210 Installation. The distance between oil field
recovery heaters and residential, commercial, and public as-
sembly 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
21.
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,
wellhead or public right-of-way;
(d) Oil field recovery heaters being operated in a de-
veloped area, as defined in this title, shall be completely
fenced, including the wellhead, 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 wellhead 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 a developed area, the fire chief 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 chief that the noise or vibration is detrimental to the
health, safety or welfare of the surrounding neighborhood, the
chief may order the operator to cease operations .
15. 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 sec-
tions notwithstanding, no person shall conduct any oil operation
in a manner that would create a noise, odor or vibration detri-
mental to the health, safety or welfare of the surrounding neigh-
borhood 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 elec-
trical 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 maintained in accord-
ance with all applicable state and municipal regulations.
22.
l
it
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,
producti
on of oil or the disposal of wastewater shall conform
p � p
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 fire chief.
(b) Structural Requirements. If, as determined by the
chief, 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 oper-
ation to provide licensed civil or structural engineers' analy-
sis pertaining 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 to meet the stand-
ards of the National Fire Protection Association as they presently
exist or may hereafter be amended.
15. 20. 270 Tank setbacks. All new tanks, including replace-
ment tanks, and permanent structures shall be set back pursuant
to the standards of the National Fire Protection Association as
they presently exist or may hereafter be amended, but in all
cases shall be at least a minimum of twenty-five (25) feet from
an ultimate right-of-way as defined in 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 fire chief
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
23.
N
N , 1
W i
IF-
SAFETY SIGHT ANGLE
Agftk HUNTINGTON BEACH C4LIFORNIA
131 PLANNING DIVISION
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 , as illustrated in the diagram included herein.
1 . 20. 2 0 Portable pulling masts and in poles--Removal
5 9 P g g
of. All well servicing equipment, including portable pulling
masts and gin poles, shall be removed from the leasehold, oil
operation site or drill site within seven (7) days after com-
pletion of a well servicing operation.
15.20.300 Pipelines. Within six (6) months after adoption
of this chapter, all pipelines in developed areas, as defined in
this title, which are not enclosed within a fence shall be placed
underground or covered with materials approved by the fire chief.
Such covering shall be maintained in a neat, orderly, secure
manner.
15. 20.310 Storage of equipment. (a) No drilling, re-
drilling, reworking, or other portable equipment shall be stored
on the o1l operation site which is not essential to the everyday
operation of the oil well located thereon. This includes the
removal of idle equipment unnecessary for the operation of gas
wells, flowing wells, disposal wells , water and steam injectors
and wells produced by electric bottom hole pumps . However,
drilling or production equipment may be stored on an oil opera-
tion site if such site is entirely enclosed with a fence that
conforms to the specifications set out in this title and the
Huntington Beach Ordinance Code, and such storage is a permitted
use in the base zone district of the site.
(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 conform to applicable provisions
of the Huntington Beach Fire Code.
(d) 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
controlling fires except that equipment which is necessary for
the maintenance of the oil well site or for gathering or trans-
portation of hydrocarbon substances from the site.
Chapter 15.22
SCREENING AND LANDSCAPING
15. 22. 010 Screening--Developed areas. On or before July 1,
24.
1983, all oil wells and tanks located in developed areas , as de-
fined in this title, shall be screened by a fence enclosure con-
structed of one of the following materials:
(a) A solid masonry wall;
(b) A chain link fabric with three and one-half (3 1/2) inch
mesh interwoven with redwood slats. The director of development
services may approve the use of other opaque materials for use
with chain link fabric if he finds such materials are compatible
with surrounding uses and effectively screen the oil operation;
4 ( c) Any other material, compatible with surrounding uses,
which effectively screen the oil operation site, approved by
the director of development services .
(d) All fencing, masonry walls , redwood slatting, or other
comparable materials for use with chain link fabric , shall be
of a solid neutral color, compatible with surrounding uses , and
maintained in a neat, orderly, secure condition. Neutral colors
shall include sand, grey and unobtrusive shades of green, blue
and brown, or other colors approved by the fire chief.
15. 22. 020 Screening--Drilling, redrilling and activation.
Within sixty 0 days of completion of drilling or redrilling,
or within sixty ( 60) days of activation of an idle well if such
well is located in a developed area, as defined in this title,
such well shall be screened by a fence enclosure which con-
forms to the requirements of this chapter, the provisions set
out elsewhere in this code, and the regulations of the division
of oil and gas contained in the California administrative code
as they presently exist or may hereafter be amended.
15. 22.030 Screening setbacks. Minimum setbacks for all
screening shall meet the provisions of the Huntington Beach
Ordinance Code applicable to the oil operation site but in no
case shall be less than five (5) feet from the ultimate right-
of-way of any public street. The director of development
services may reduce such required setbacks where an oil well
or other necessary equipment is or must be located in the set-
back area, in which case special landscaping requirements for
screening purposes may be imposed.
15.22. 040 Landscaping for developed areas--Drilling and
activation. Prior to the issuance of any drilling or activation
permit , a landscaping plan which meets the requirements of this
chapter, shall be submitted for review and approval by the fire
chief and the director of development services. Within sixty (60)
days after completion of drilling or redrilling or within sixty
(60) days after activation of an idle well, any oil operation site
25.
in a developed area, as defined in this title, shall be land-
scaped in conformance with the plan submitted and approved , and
the specifications contained in this chapter. Landscaping shall not
be required for any well which is not visible from a public street
unless the well is within a public park, beach or recreation area
which has been developed and open for public use.
15. 22.050 Landscaping--Minimum area. The minimum area re-
quired to be landscaped at an oil operation site shall be that
area between each lot boundary line fronting a public street and
a line or lines drawn parallel to each lot boundary line fronting
on a public street and through the center of any well or tank
on such site. When there is more than well or tank on an oil
operation site, the well or tank closest to each boundary line
fronting on a public street shall be used to determine the mini-
mum landscape area. Any area enclosed by a fence meeting the re-
quirements of this title, shall be excluded from the minimum area
to be landscaped. (See Figures 1 and 2. )
15. 22.060 Landscaping--Minimum requirements. The minimum
number of trees and shrubs per square foot shall be as follows :
Square footage of
minimum landscape Minimum trees Minimum shrubs
0-149 1 3
150-249 2 6
250-349 3 9
350-449 4 12
450-549 5 15
550-649 6 18
650-749 7 21
750-849 8 24
850-949 9 27
950-1499 10 30
1500-1999 12 36
2000 - as determined by the director of development services
The director of development services may reduce the number of
trees and shrubs if, in his opinion, the topography, configuration
or existing vegetation on a site warrants such reduction.
Trees shall be at least fifteen (15) gallon size, and shrubs
shall be at least five (5) gallon size. Minimum landscaping shall
also include suitable ground cover and an automatic irrigation
system.
The following plants are acceptable for use in landscaping,
provided, however, that the director of development services may
approve other plants which he finds adaptable to the particular
i
26.
o TANK
APPROVED
TANK PERIMtTER
FENCE
Fol 0
WELL
R
t! LANDSCAPE AREA o
Adkk EXAMPLES OF LANDSCAPE AREA FIGURE 1
HUNTINGTON BEACH C4LIFORNIA
PLANNING DIVISION
APPROVED
PERIMETER
FENCE TANK
WELL d
d
d
n> LANDSCAPE AREA ►
EXAMPLES OF LANDSCAPE AREA FIGURE 2
HUNTINGTON BEACH C41-IFORNIN
PLANNING DIVISION
site and provide effective screening of the oil operation:
TREES: Eucalyptus Camaldulensis (Red River gum) ; Eucalyptus
Sideroxylon (Red Iron bark) ; Metrosideros Tomentosa (New Zealand
Christmas tree) ; Myoporum Laetum (Myoporum tree) .
SHRUBS : Nerium Oleander ( oleander) ; Esallonia Tradesi (Pink
Princess) ; Metrosideros Tomentosa (New Zealand Christmas tree--bush
form) ; Myoporum Laetum (Myoporum--bush form) ; Photinia Fraseri
(Red Leaf Photinia) ; Raphiolepis Indica Springtime (Pink Indian
hawthorn) ; Carissa Grandiflora (natal plum) ; Moraea Irioidies
(fortnight lily) ; hemerocallic hybrids (day lily) ; Agapanthus
Africanos (Lily of the Nile) ; Liriope Gigantea (turf lily) .
GROUND COVER: Mesembryanthemum ( ice plant) ; Osteospermum;
Fruticosum African daisy) ; Gazania Splendens (Gazania) ; Hedera
Heliz Hahnii (needle point ivy) .
When feasible, all plant holes shall be twice normal size,
and the planting medium shall be of good quality, imported soil.
All landscaping shall be maintained in a neat, healthy condition.
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 Oil spill plans required. An oil spill contin-
gency plan or spill plan shall be required for every oil opera-
tion site, and available for inspection by the chief at any time.
Plans prepared pursuant to applicable provisions of the California
administrative code as they presently exist, or may hereafter be
amended shall satisfy the requirements of this section.
15. 24. 030 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 chief all oil and waste materials from any public or pri-
vate property affected by such spill , leak or malfunction.
15. 24. 040 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 wastewater and brine
I
27.
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.
EXCEPTION: Treated wastewater and brine may be discharged
either into a sanitary sewer if a permit is obtained for such
discharge in accordance with the provisions of this title, or
into an outfall approved by the regional water quality control
board.
15. 24.050 Freedom from debris. All property on which an
oil well site is located 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. 24.060 Painting. All production equipment on the oil
operation site shall be painted and maintained at all times,
including pumping units , storage tanks , heaters, and buildings
or structures. When requiring painting of such facilities, the
fire chief shall consider the deterioration of the quality of
q Y
the material of which such facility or structure is constructed,
the degree of rust, and its appearance. Paint shall be of a
neutral color, compatible with surrounding uses. Neutral colors
shall include sand, grey and unobtrusive shades of green, blue
and brown, or other colors approved by the chief. All produc-
tion equipment shall be painted a neutral color, as defined
herein, within six (6) months after the adoption of this chapter.
15. 24. 070 Gas emission or burning prohibited. No person
shall allow or cause or permit gases to be vented into the at-
mosphere or to be burned by open flame except as provided by
law or as permitted by the division of oil and gas or appropriate
air pollution control district.
Chapter 15.28
WASTEWATER SYSTEM
15. 28. 010 Wastewater system. For the purpose of handling
industrial wastes from oil and gas wells, including wastewater
and brine, the public works department shall issue a sewer con-
nection permit whenever such waste is to be deposited into the
city' s 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 sani-
tation district discharge regulations. Such industrial waste
28 .
shall be processed through a clarification system approved by the
department. At no time shall discharge water be over 1400 Fahren-
heit at point of entry to the sewer.
15. 28.020 Sewer connection permit--Application fee. No
connection shall be made to the city' s sanitary sewer system
until a sewer connection permit has been obtained from the
public works department. An application for such sewer connec-
tion permit shall be filed with the department together with a
fee per sewer connection, as established by resolution of the
city council.
15. 28.030 Contents of application--Property description.
Said application shall contain a description of the property
upon which said water or wastewater 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 public works department and the
method of clarifying and settling the objectionable substances
from said water, including plans and specifications of wastewater
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 wastewater for impurities.
15. 28.060 Rules for laying drainpipe 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 city' s sanitary
sewer 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 fire chief may desig-
nate, showing :
(a) The amount of oil and gas produced from each well
29 .
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
chief 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 inspec-
tion and review by the chief when the latter requests same.
15. 32. 020 Production report--Failure. Failure to report
production as required in this chapter shall constitute a mis-
demeanor 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 mis-
demeanor punishable by fine, imprisonment or both.
15. 32.040 Nonproducing oil wells . Whenever any oil well,
conforming with the provisions of the Huntington Beach Ordinance
Code fails to produce at the quarterly rate of twenty (20) bar-
rels of crude oil or other hydrocarbon substances or at a quar-
terly 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." Such
nonproducing well, when located on a site with other oil produc-
tion operations, shall be maintained in accordance with the pro-
visions of this title.
When such nonproducing well is located on a site having no
other oil production activity, the chief shall notify the opera-
tor 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 110" 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 the Huntington Beach Ordinance Code, 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
30 .
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 chief shall notify the operator that the well
has been so classified and give notice that said well will be-
come an "idle" well thirty ( 30) days from the date of such no-
tice 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. Documentation that the well is
an injection well or is part of a unit operation involved in an
enhanced recovery project shall be considered acceptable for not
classifying a well "idle. "
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,
the surface area of the well site shall be cleaned pursuant to
the following :
(a) Notice shall be sent by the fire chief, 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.
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 chief of the rea-
sons 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
31 .
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 wellhead 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.
15. 32.070 Extension of nonconforming rights. In the event
the fire chief finds that the operator has shown that the sub-
ject well should not be classified an "idle" well, he is au-
thorized to extend the nonconforming rights of such oil opera-
tion 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 fire chief
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 the owner or lessee of such property of privi-
leges enjoyed by other owners or lessees of property in the vi-
cinity and in the same zoning classification;
(b) Approval will not constitute a special privilege
inconsistent with the limitations placed 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 other property in the area or injurious to im-
provements thereon;
(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 continuation
of the use;
32.
(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 the procedure set out in this
title 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 chief 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
(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 chief 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) 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 is in force;
(d) 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 Abandonment requirements prior to new construc-
tion. All abandoned or deserted wells or drill sites shall meet
the most current abandonment requirements of the division of oil
33•
and gas prior to the issuance of any building or grading permit
for development of the property.
To the maximum extent practicable, new structures shall not
be constructed directly over abandoned wells. When structures
are constructed over abandoned wells , however, the installation
of vapor recovery systems around the well, as approved by the fire
chief, shall be required.
15. 32.130 Maintenance of records . The fire chief shall main-
tain 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
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 hearing. Whenever the fire chief de-
termines that a public nuisance , as described in this code ex-
ists 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 occu-
pants 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 chief and the
notice to remove or eliminate the nuisance conditions . The city
council may direct the department to proceed with the work nec-
essary 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 fire chief 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
34.
city council. The parties to be assessed shall receive by first
class, prepaid mail a notice of a public hearing on the assess-
ment.
15. 36.030 Notice of lien filed 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 fire chief to the county con-
troller 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.
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 WELLS
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 the Huntington Beach Ordinance Code.
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 the Huntington Beach Ordinance Code and the required
permit application fee is paid. Such fee shall not be refundable.
35•
15. 40.030 Action by chief and director of development
services . Within ten 10 working days after such application is
filed, the fire chief and the director of development services
shall review the application. If the chief 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 re-
quirements of this title, and if the director of development
services determines that all applicable provisions of the
Huntington Beach Ordinance Code have been met, the chief shall
issue the activation permit. If the director of development
services is unable to find compliance with the applicable pro-
visions of the Huntington Beach Ordinance Code, the chief shall
deny the permit and shall give notice to the applicant of such
denial.
15. 40.040 Expiration of permit. Any activation perm;.t
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 .
15. 40.050 Test permit. At the request of the applicant
and prior to the issuance of the activation permit, the fire chief
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 the Huntington
Beach Ordinance Code except that equipment, materials and opera-
tions 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 eighty ( 180) 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 fire chief may order compliance and set a reasonable period of
time for same. If compliance is not obtained within the time
period specified, the chief 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 chief
to cease and desist and shall not resume any operation at the
36 .
site affected unless and until the written approval of the chief
is obtained.
SECTION 3• If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Huntington Beach hereby declares that it would have
adopted this ordinance and each section, subsection, sentence,
clause, phrase, or portions thereof, and amendments thereto, ir-
respective of the fact that any one or more sections , subsections,
sentences, clauses , phrases or portions, or amendments be declared
invalid or unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecu-
tion for violation of ordinances which violations were committed
prior to the effective datehereof, nor be construed as affecting
any of the provisions of such ordinance relating to the collec-
tion of any license or penalty of the penal provisions applicable
to any violation thereof, nor to affect the validity of any bond
or cash deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
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 as new enactments .
SECTION 6. This ordinance shall take effect thirty days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
day of June 1981.
37.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
/ - 4
City Administrator rector of eve opment
Services
38.
Ord. No. 2491
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 18th day of May
19_8]_, and was again read to said City Council at a regular
meeting thereof held on the 1St day of June 19 81 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and exjofficio Clerk
of the City Council of the City
of Huntington Beach, California
I, Aticia M. Wentworth CITY CLERK of the C€ty, pf
Huntin geae`- and er-c,fftia Clerk of the City
Counc., _'�) sic-eby cerfli,'tl�at a synopsis of this
orclinarv^.e -:is been iiu_i shed in the Huntington
fieach to e,e-:,�ert e�
/ �. ..... 19
In ccor,�ar-lith the Ch _•; of said City.
• City Clerk
....................................._...........
Deputy City Clerk