HomeMy WebLinkAboutOrdinance #3037 ORDINANCE NO. 3037
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING
TITLE 15 THEREOF, AND ADDING THERETO 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hereby repealed.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 new Title 15 entitled "Huntington Beach Oil
Code" , to read as follows :
PAGE IND
15 . 04 . 010--15 . 04 . 020
Title 15
HUNTINGTON BEACH OIL CODE
Chapters.:
15 . 04 General Provisions
15 . 08 Definitions
15 . 12 Permits and Fees
15 . 16 Insurance
15 .20 Drilling, Operation and Safety Regulations
15 . 22 Screening and Landscaping
15 . 24 Cleanup and Maintenance
15 , 28 Wastewater System
15 . 32 Nonproducing and Idle Wells
15 .36 Nuisance Oil Wells and Sites
15 ,40 Activation of Idle Wells
15 .50 Consolidation Projects
Chapter 15 .04
GENERAL PROVISIONS
Sections •
15 . 04 .010 Title .
15 . 04 . 020 Purpose.
15 . 04 . 030 Administration.
15 . 04 . 040 Oil Committee--Authorization and Duties .
15 . 04 , 045 Subsidence Committee--Authorization and Duties .
15 . 04 . 050 Right of Entry.
15 . 04 . 060 Operator ' s Agent .
15 . 04 . 070 Well Acquisition Notice.
15 . 04 . 080 Transfer of Operator .
15 . 04 . 090 Inspections
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, and it is incorporated
into the Huntington Beach Fire Cade pursuant to Section 17 . 56 .450 of
the Huntington Beach Municipal 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 present and future operations related to
drilling for and production of oil, gas, and other hydrocarbon
substances within the City so that this activity may be conducted in
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harmony with other uses of land, thus protecting the people in the
enjoyment and use of their property and providing for their comfort,
health, safety and general welfare. (Ord. 2491, 1 Jul 81)
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 Community
Development, or their duly appointed representatives . (Ord. 2491,
1 Jul 81)
15 . 04 . 040 Oil Committee--Authorization and Duties . The City
Council may from time to time appoint, on an ad hoc basis, an oil
committee which shall include, but is not limited to, the
following : a member of the City Council , a member of the Planning
Commission, the City Attorney, Fire Chief, Director of Community
Development, or the duly authorized agents of such members, a
representative 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 officio member of the committee. The committee shall act as
an advisory body to the City Council with regard to the contents of
this code and its revision. The City Council member serving on the
committee shall serve as the committee chair.
15_. 04 . 045 Subsidence Committee--Authorization and Duties . The
City Council may appoint a "subsidence committee" which shall
include, but not be limited to, the following: a member of the City
Council, a representative of the Huntington Beach Fire Department, a
representative of the California Division of Oil and Gas, a City
geologic consultant, a representative of the Independent Oil
Producers Association, and a representative from the major oil
producing companies operating in the City and the subsidence areas .
The City Council member may also serve as the Chair of this
committee. The committee will endeavor to make recommendations to
the Fire Chief for the control of subsidence, and the Fire Chief
will require mitigating actions to control subsidence and its
negative effects . The City will endeavor to perform or cause to be
performed on at least an annual basis a leveling survey of land
within the City boundaries and the subsidence areas, and the results
of this survey shall be provided to the Subsidence Committee
members . This committee will evaluate the results of the surveys
and the effectiveness of anti-subsidence measures which are in
effect, and will formulate additional recommendations for subsidence
control .
15 , 04 . 050 Eight of Entrv. 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 building or
upon any premises any condition contrary to the provisions of this
code, the Fire Chief, or his authorized representative, may enter
such building or premises at all reasonable times to inspect the
same or to perform any duty imposed upon the Fire Chief by this
code. If such entry is refused, the Fire Chief shall have recourse
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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 neglect, after
proper demand, to permit prompt entry therein by the Fire Chief for
any purpose pursuant to this code. (Ord. 2491, 1 Jul 81)
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 Fire Department in writing of any change in
such agent or such mailing address unless operations within the City
are discontinued . (Ord. 2491, 1 Jul 81)
15 , 04 , 070 Well Acquisition Notice. Every person who acquires
any well, property, or site upon which oil operations exist, whether
by purchase, transfer, assignment, conveyance, exchange, or
otherwise, shall within ten (10) days after acquiring such well,
property, or site, notify the Fire 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;
(b) The name and location of the well;
(c) The date of acquisition;
(d) A description of the properties and equipment transferred;
(e) The name and address of any person designated for service
of notice. (Ord. 2491, 1 Jul 81)
15 , 04 . 080 Transfer of Operator. The operator of every well
shall notify the Fire 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 equipment
transferred. (Ord. 2491, 1 Jul 81)
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15 , 04 . 090 Inspections . The Fire Department may inspect
annually, and at such other times as deemed by the Department to be
necessary, each and every gas and oil well , whether producing,
non-producing, or idle, and all injection wells . Such inspections
shall be for the purpose of ascertaining compliance with the
provisions of this code and for initiating the corrective process
for all violations encountered.
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15 . 08 . 010
Chapter 15 . 08
DEFINITIONS
Sections •
Definitions .
Abandonment and Properly Abandoned Well .
Approved Type and Approved Design.
Blowout Preventer .
Cellar .
Completion of Drilling, Redrilling and Rework.
Department.
Derrick.
Desertion.
Developed Area .
Division of Oil and Gas .
Drilling .
Drilling Equipment.
Drill Site.
Enhanced Recovery,
Fluids .
Gas .
Injection Well .
Lessee.
Lessor .
Maintenance.
Multiple Well Site .
New Well .
Oil Field Recovery Heater.
Oil Operation.
Oil Operation Site.
Operator.
Outer Boundary Line.
Owner .
Processing .
Redrill .
Reworking .
Source of Ignition.
Subsidence.
Sump.
Tank.
Well .
Well Servicing .
15 . 08 . 010 Definitions. The terms used in this title shall,
unless the context indicates otherwise, have the respective meanings
herein set forth. (Ord. 2491, 1 Jul 81)
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Abandonment . "Abandonment" shall mean operations on any well
which will bring the well to the level of compliance defined below
under "Properly Abandoned Well" , and the cleaning and restoration of
the well site as required by the Huntington Beach Oil Code.
(a) Properly Abandoned Well . A well is properly abandoned when
it has been shown to the satisfaction of the State Oil and Gas
Supervisor that all proper steps have been taken to isolate all
oil-bearing and gas-bearing strata encountered in the well, to
protect underground or surface water suitable for irrigation or farm
or domestic purposes from the infiltration or addition of any
detrimental substance, and to prevent subsequent damage to life,
health, property, and other resources, and when, to the satisfaction
of the Fire Chief, the site has been restored according to the
provisions set forth in this code.
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. (Ord .
2491, 1 Jul 81)
Blowout Preventer. "Blowout preventer" shall mean a mechanical ,
hydraulic, pneumatic or other device, or combination 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 and which
completely closes the top of the casing and is designed for
preventing blowout . (Ord. 2491, 1 Jul 81)
Cellar. "Cellar" shall mean an excavation around and above the
top joint of the casing of a well . (Ord . 2491, 1 Jul 81)
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. (Ord. 2491, 1 Jul 81)
Department . "Department, " unless specified otherwise in this
title, shall mean the Fire Department . (Ord. 2491, 1 Jul 81)
Derrick. "Derrick" shall mean any portable framework, tower,
mast, or structure which is 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.
(Ord . 2491, 1 Jul 81)
Desertion. "Desertion" shall mean the cessation of operation at
a drill site without compliance with the provisions of this title
relating to suspended operations, idle wells, or abandonment .
(Ord. 2491, 1 Jul 81)
Developed Area . "Developed area" shall mean:
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(a) Any area within 150 feet of an occupied residential,
commercial, or office/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. (Ord. 2491, 1
Jul 81)
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 . (Ord. 2491, 1 Jul 81)
Drilling . "Drilling" shall mean digging or boring for the
purpose of exploring for, developing, or producing oil, gas, or
other hydrocarbons , or for the purpose of injecting water, steam or
any other fluid or substance into the earth. (Ord. 2491, 1 Jul 81)
Drilling Equipment. "Drilling Equipment" shall mean the
derrick, together with all parts of and appurtenances to such
structure, every piece of apparatus, machinery, or equipment used or
erected or maintained for use in connection with drilling. (Ord .
2491, 1 Jul 81)
Drill Site. "Drill Site" shall mean the premises used during
the drilling or reworking of a well or wells located thereon.
(Ord. 2491, 1 Jul 81)
Enhanced Recovery. "Enhanced Recovery" shall mean any
production method which involves the injection of water, gas, steam,
or any other substance into the earth for the purpose of extracting
oil or other hydrocarbons . (Ord. 2491, 1 Jul 81)
Fluids . "Fluids" shall mean any gas or liquid . (Ord. 2491, 1
Jul 81)
Comas . "Gas" shall mean any fluid, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard
temperature and pressure conditions . It shall also mean the gaseous
components or vapors occurring in or derived from petroleum or
natural gas . (Ord. 2491, 1 Jul 81)
Injection Well . "Injection Weil" shall mean a well or gas well
used for the purpose of injecting water, wastewater, brine,
hydrocarbons, steam or any other substance as a means of enhanced
recovery, repressurization or disposal whether under pressure,
gravity, or vacuum. (Ord. 2491, 1 Jul 81)
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 . (Ord. 2491, 1 Jul 81)
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Lessor. "Lessor" shall mean the owner of surface or mineral
rights who has executed a lease. (Ord. 2491, 1 Jul 81)
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 as well as any other work necessary to reduce fire
hazards or any hazards to employees, public health, safety and
welfare. (Ord. 2491, 1 Jul 81)
Multiple Well Site. "Multiple Well Site" shall mean two or more
wells within a fenced surface area primarily used for the drilling
and production of oil . Where two wells are separated by a
developable parcel, they will be considered separate sites unless
both are enclosed by the same perimeter fence. (Ord. 2708, 5 Dec
84)
New Well . "New Well" shall mean a new well bore or well hole
established at the ground surface and shall not include redrilling
or reworking of an existing well . An abandoned well shall be
considered a new well for purposes of drilling, redrilling, or
reworking. (Ord. 2708 , 5 Dec 84 ; Ord. 2491, 7/81)
Oil Field Recovery Heater. "Oil Field Recovery Heater" shall
mean any steam generator or air or water heater used in an oil field
thermal recovery operation. (Ord. 2491, 1 Jul 81)
Oil Qgeration. "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, enhanced recovery,
stimulation, abandonment, storage or shipping of oil or gas from the
subsurface of the earth. (Ord. 2491, 1 Jul 81)
Oil Operation Site. "Oil Operation Site" shall mean the
physical location where oil operations are conducted except for any
portion of the property which the surface owner is actively using
for another purpose , (Ord. 2708 , 5 Dec 84 ; Ord. 2491, 7/81)
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 . (Ord.
2491, 1 Jul 81)
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,
3037
road or alley lying within the lease or unit shall be deemed to
interrupt such contiguity. (Ord. 2491, 1 Jul 81)
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 . (Ord. 2491, 1 Jul 81)
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 the gathering of oil, gas, other hydrocarbon
substances, water, or any combination thereof . (Ord. 2491, 1 Jul
81)
Redrill . "Redrill" shall mean reeompletion of an existing well
by deepening or sidetrack operations extending more than 150 feet
from the existing well bore. (Ord. 2491, 1 Jul 81)
Reworking . "Reworking" shall mean reeompletion 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 . (Ord. 2491, 1
Jul 81)
Source of Ignilion. "Source of Ignition" shall mean any flame,
arc, spark or heated object or surface capable of igniting liquids,
gases or vapors . (Ord. 2491, 1 Jul 81)
Subsidence. "Subsidence" shall mean the settling or sinking of
the ground surface.
Sump. "Sump" shall mean any surface impoundment or excavated
depression in the ground, lined or unlined, that is used for
separating crude oil or other organic liquids, water, or solids .
Sumps shall be classified as follows :
(A) PRIMARY OR FIRST STAGE PRODUCTION SUMP is any sump which
receives a stream of crude oil and produced water directly from oil
production wells, field gathering systems, or tank systems .
(B) SECONDARY OR SECOND STAGE SUMP is any sump which receives a
waste water stream from one or more primary sumps, a free water
knockout device, a wash tank, or from intermittent or emergency
streams .
(C) TERTIARY OR THIRD STAGE SUMP is any sump which receives a
waste water stream from the secondary sump or other separation
process upstream of the tertiary sump.
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 . (Ord. 2491, 1 Jul 81)
Well . "Well" shall mean any oil or gas well or well drilled for
the production of oil or gas, or any well reasonably presumed to
contain oil or gas . "Well" shall include injection wells used for
the purpose of enhanced recovery or repressurization of the field,
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and disposal wells for the purpose of disposing of wastewater .
(Ord. 2491, 1 Jul 81)
Well Servicing. "Well Servicing" shall mean the maintenance
work performed within any existing well bore which does not involve
drilling, redrilling or reworking . (Ord . 2491, 1 Jul 81)
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15 . 12 .010--15 . 12 .030
Chapter 15 , 12
PERMITS AND FEES
Sections •
15 . 12 . 010 Permit Required.
15 . 12 .020 Drilling or Redrilling Permit.
15 . 12 . 030 Renewal of Annual Permits .
15 . 12 . 040 Annual Permit--Additional Requirements .
15 . 12 . 050 Waste Water Annual Permit .
15 . 12 . 060 Reworking Permit.
15 . 12 . 070 Activation Permit .
15 . 12 .080 Other Permits .
15 .12 .090 Encroachment Permit .
15 . 12 . 100 Fees Set by Resolution--Fee Payment Date.
15 . 12 . 110 Use Permit .
15 . 12 . 120 Permit Utilization.
15 . 12 . 130 Additional Permits .
15 .12 . 140 Persons Liable for Fees .
15 , 12 .150 Penalty for Delinquency.
15 . 12 .160 Grounds for Suspension or Revocation.
15 . 12 . 170 Effect of Suspension or Revocation of Permit .
15 , 12 .010 Permit Required. Permits shall be obtained from the
City of Huntington Beach for the oil operations, activities, or
structures in the City limits of Huntington Beach, as required by
this title. (Ord. 2491, 1 Jul 81)
L5 . 12 . 020 Drilling or Redrilling Permit. Drilling or
redrilling shall not be commenced unless or until :
(a) A copy of approval for such operations from the Division of
Oil and Gas is submitted to the Fire Chief; and
(b) A permit for such operations has been obtained from the
Fire Department . Said permit is herein referred to as a "drilling
permit . " (Ord . 2491, 1 Jul 81)
15 .12 ,030 Renewal of Annual Permits . On the first day of July
after the issuance of a drilling permit and by the first day of July
of each succeeding year, the well operator or his designated agent
shall obtain an annual permit from the Fire Department until such
time the well is abandoned as provided in this code. Unless
otherwise designated by the Fire Chief , this permit must be obtained
in person, from Fire Department Headquarters . This section applies
to each and every oil and gas well, whether producing,
non-producing, or idle, and to all injection wells . Acceptance of
such permits grants to the Fire Department the right of entry to
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conduct routine inspections and to abate hazardous and emergency
conditions .
By accepting such permit, the applicant understands and agrees
that the Fire Department reserves the right of entry to conduct
routine inspections on the property and to abate hazardous and
emergency conditions .
15 , 12 . 040 Annual Permit--Additional Requirements .
(a) Fencing : Beginning July 1, 1983, an Annual 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 Fire 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 permit .
(b) Landscaping: 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 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 Fire Chief and the
Director of Community Development . The Fire Chief may grant an
extension of six (6) months so that landscaping requirements may be
met if the area has become developed since the issuance of the last
annual renewal inspection permit . Landscaping 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. (Ord. 2491, 1
Jul 81)
15 , 12 . 050 Watte Water Annual Permit. Oil well waste water
shall not be discharged into the City' s sanitary sewer system unless
a permit therefore is obtained each calendar year from the Public
Works Department for every well discharging such waste water into
the system. (Ord. 2491, 1 Jul 81)
15_. 12 . 060 Reworking Permit . Reworking shall not be commenced
unless or until :
(a) A copy of approval for such operation from the Division of
Oil and Gas is submitted to the Fire Chief ; and
(b) A reworking permit for such operation has been obtained
from the Fire Department . (Ord. 2491, 1 Jul 81)
15 . 12 ,070 Activation Permit. No idle well shall be activated
without obtaining an activation permit in accordance with the
provisions of this title. (Ord. 2491, 1 Jul 81)
15 , 12 . 080 Qther Permits . Building, plumbing, electrical,
mechanical, fire, demolition, and other permits shall be obtained
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from the appropriate department in accordance with the requirements
of, and in the manner specified by Title 17 of the Huntington Beach
Municipal Code. (Ord. 2491, 1 Jul 81)
15 . 12 . Q90 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. (Ord. 2491,
1 Jul 81)
15 . 12 . 100 Fees Set by Resolution--Fee Payment Date . Fees shall
be required for the issuance of each of the permits required
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 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, and activation fees shall be due and
payable at the time of application therefore. (Ord. 2491, 1 Jul 81)
15 . 12 . 110 Use Permit. A use permit from the City' s 'Zoning
Administrator must be obtained prior to application for a drilling
or activation permit from the Fire Department . The use permit shall
be filed with the Fire Department . The application for a use permit
shall contain the following required information:
(a) The complete legal description of the property;
(b) Plans and engineering specifications of structures ,
drilling derricks, drilling masts, tanks and high-pressure systems
regulated by this code. Applicant need not file plans and
engineering specifications of standard derricks, masts and tanks
when such standard plans and specifications are already on file and
approved by the Fire 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, occupied
residences and commercial structures within five hundred (500) feet
of the well; also the location of all churches, hospitals, rest
homes, schools, preschools, nurseries and places of public assembly
within five hundred (500) feet of the well ;
(e) An insurance policy in conformity with the provisions of
this title;
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(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 on behalf of the
operator to sign and file the application certifying that the
information contained in the application is true and correct .
(h) The permit application form shall contain, in bold face
type, the following statement :
NOTICE
Any decision by the City on this application may be
appealed to the City Planning Commission and to the
City Council by the applicant, or by any interested
person pursuant to the appeal procedure contained in
Huntington Beach Municipal Code section 15 . 12 . 180 .
15 ,12 . 120 Permit Utilization. No permit issued hereunder shall
be valid unless utilization of the privileges granted thereby shall
be commenced within 120 days from and after the date of issuance of
the permit, or if after commencement, such activity is suspended or
abandoned at any time for a period of 120 days .
If no work has commenced and the 120-day commencement period has
not expired, the permittee may request, in writing, an extension of
120 days, or a refund of 50 percent of the fees paid. No refund
shall be allowed once a 120-day extension has been granted. (Ord.
2708, 5 Dec 84; Ord. 2491, 7/81)
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 Fire Department shall
not issue any permit under this title until all other permits
required by other municipal departments have been issued and all
fees have been paid. (Ord. 2491, 1 Jul 81)
15 . 12 . 140 Persons Liable for Ft�s . 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 . (Ord. 2491, 1 Jul 81)
15 . 12 . 150 Penalty for Delinauence. 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. (Ord.
2491, 1 Jul 81)
15 . 12 .160 Grounds for Suspension or Revocation. The Fire Chief
may suspend or revoke any permit issued by the Fire Department under
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the provisions of this code upon finding any of the following :
(a) A permittee has failed, neglected or refused to perform,
comply with or 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 indirectly, by reason of
or in connection with or incidental to his conduct of oil operations;
(c) 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) Permittee has made a willful misrepresentation 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. (Ord.
2491, 1 Jul 81)
The Fire Chief will set forth his findings in writing and send
notice of the same to the permittee. Said notice will contain a
date upon which the suspension or revocation takes effect.
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 a court of law 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 or as required by
the Division of Oil and Gas . (Ord. 2491, 1 Jul 81)
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15 . 16 . 010-15 . 16 . 020
Chapter 15 . 16
INSURANCE
Sections :
15 . 16 . 010 Type of Insurance.
15 . 16 . 020 Insurance Amount .
15 , 16 . 010 Type of Insurance. Operators shall maintain a
general comprehensive insurance policy with sudden and accidental
environmental pollution and spill clauses . The policy shall insure
the City of Huntington Beach against all costs, charges and expenses
incurred by it for clean up of oil or hydrocarbon substance spills,
chemical spills, or other contamination to adjacent property
resulting from operation of the well . The policy shall also insure
against all costs, charges and expenses incurred for the clean up
spills or contamination on the well property if the Fire Chief
determines the contamination to be a public nuisance or a damage to
public health. The policy shall provide for a thirty 1301 day
cancellation notice to the City in the event the policy will be
terminated for any reason. Violation of this section shall
constitute a misdemeanor punishable as set forth in Chapter 1. 16 of
the Huntington Beach Municipal Code.
15 . 16 . 020 Insurance Amount . The policy shall be in an amount
equal to five hundred thousand dollars ($500, 000) per operator, or
greater as specified by the City of Huntington Beach.
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15 . 20 . 010
Chapter 15 . 20
DRILLING, OPERATION AND SAFETY REGULATIONS
Sections •
15 . 20 . 010 Derricks .
15 .20 . 020 Inspection.
15 .20 . 030 Well Setbacks .
15 .20 . 040 Lights .
15 .20 . 050 Identification Signs .
15 . 20 . 060 "No Smoking" Signs .
15 . 20 . 070 Waste Removal .
15 . 20 . 080 Unlined Sumps .
15 . 20 . 085 Lined Sumps
15 . 20 . 090 Private Roads and Drill Sites .
15 . 20 . 100 Oil Operations--Location--Time.
15 . 20 . 110 Well Servicing Hours .
15 . 20 . 120 Wellhead Safety Equipment .
15 . 20 . 130 Blowout Prevention.
15 ,20 . 135 Belt Guards Required ,
15 . 20 . 140 Cellars .
15 . 20 . 150 Fence Permit Required.
15 . 20 . 160 Fences .
15 . 20 . 165 Temporary Fences .
15 . 20 . 170 Masonry Wall Specifications .
15 .20 . 180 Gate Specifications .
15 .20 .190 Operation of oil Field Recovery Heaters .
15 .20 .200 Notification of Installation.
15 . 20 . 210 Installation.
15 .20 .220 Soundproofing .
15 .20 . 225 Pumping Units
15 .20 . 230 Muffling Exhaust .
15 .20 . 240 Public Nuisance Declared.
15 . 20 . 250 Fire Prevention--Sources of Ignition.
15 . 20 . 260 Oil Storage Tanks .
15 . 20 . 270 Tank Setbacks .
15 .20 .280 Setbacks--General .
15 . 20 . 290 Portable Pulling Masts and Gin Poles--Removal of .
15 . 20 . 300 Pipelines .
15 .20 .310 Storage of Equipment .
15 .20 . 320 Plot Plan of Pipeline Locations .
15 .20 . 350 Emergency Actions
15 .20 .400 Noise Control
15 .20 . 010 Derricks . All derricks and portable masts used for
drilling or reworking shall meet the standards and specifi- cations
of the American Petroleum Institute as they presently exist or may
be amended hereafter.
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All drilling, redrilling or reworking equipment shall be removed
from the operation site within thirty (30) days fol- lowing the
completion of drilling, redrilling or reworking un- less otherwise
permitted by the Division of Oil and Gas . (Ord . 2491, 1 Jul 81)
15 .20 . 020 Inspection. If a well is to be drilled or re- worked
within 150 feet of any occupied structure or street right-of-way,
after the operating equipment is securely in place and prior to
commencement of drilling, the operator shall notify the Fire
Department for the purpose of inspection. If an inspection is
anticipated to be needed other than during normal working hours, the
operator shall notify the Fire Department during a working day of
the approximate time the operator will be ready for the inspection
and shall not commence drilling until the Fire Department has made
an inspection and given approval to commence. The Fire Department
shall not approve the permit until all the applicable provisions of
the Huntington Beach Municipal Code have been met . The permit
inspection shall be conducted within a reasonable time after
receiving notice from the operator.
Upon completion of drilling or reworking operations, the
operator shall notify the Fire Department, and the Fire Department
shall make an inspection of said drill site to insure that
provisions of this code and/or any condition of the drilling or
reworking permit have been met . (Ord . 2491, 1 Jul 81)
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 property 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 necessary
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-five (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 if additional fire protection is
provided in accordance with the requirements imposed by the Fire
Chief .
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 property or developed property
in the general vicinity of the oil operation site. (Ord. 2491, 1
Jul 81)
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15 .20 . 05Q Identification Signs . An identification sign shall
be prominently displayed and maintained in good condition on or in
front of the perimeter fence next to the entrance of each well
whether producing or not. Such sign shall be of durable material
and unless otherwise required by the Division of Oil and Gas, shall
have a surface area of four (4) square feet . The sign shall be
lettered with minimum 2 inch letters and contain the following:
(a) Well name and number;
(b) Name of operator;
(c) Telephone number of two (2) persons responsible for said
well who may be contacted in case of an emergency.
In the event the drill site or lease hold is fenced or walled,
all entrances to said drill site or lease hold shall be 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 lease hold. All
freestanding signs and any sign larger than four (4) square feet in
surface area shall be subject to the provi- sions of Huntington
Beach Ordinance Code Article 976 .
(Ord . 2759 , 15 May 85; Ord. 2491, 7/81)
1.5 .20 . 061 "No Smoking" Signs . "No Smoking" signs of a durable
material shall be posted and maintained in all loca- tions 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. (Ord. 2491, 1 Jul 81)
15.20 .070 Waste Removal . Rotary mud, drill cuttings , 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 the completion of drilling, and shall be processed or
disposed of according to all applicable City, County, State, and
Federal regulations . (Ord. 2491, 1 Jul 81)
15 .20 . 080 Unlined Sumps . Unlined sumps are prohibited. All
such sumps shall be emptied, and all contaminated materials in and
around the sump shall be excavated and processed or disposed of in
accordance with all applicable City, County, State, and Federal
regulations .
15 .20 , 085 Lined Sumps . Primary lined sumps are prohibited, and
all such sumps in use on the date of the adoption of this code
section shall be removed according to a program and time schedule
approved by the Fire Department . Secondary and tertiary lined sumps
are permitted if they have a minimum construction of three inch
thick reinforced concrete walls and bottom, and are maintained in
sound condition. Covers for these sumps shall be provided according
to the following specifications :
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1
Covers for secondary and tertiary sumps, and wastewater
separators shall meet all of the fallowing requirements :
(1) The cover material shall be impermeable to volatile organic
compounds and free from holes, tears, or openings .
(2) Drains on covers shall be provided with a slotted membrane
fabric cover, or equivalent, over at least 90 percent of the open
area.
(3) Gauging or sampling devices on the compartment cover shall
be covered. The latter cover shall be kept closed, with no visible
gaps between the cover and the compartment, except when the sampling
device is being used.
(4) Hatches on covers shall be kept closed and free of gaps,
except when required for inspection, maintenance, or repair.
(5) The perimeter of a cover, except for rigid floating cover,
shall form a seal free of gaps with the foundation to which it is
attached.
The provisions of this section shall not apply to pits or catch
basins which exclusively receive, hold, or discharge rainwater,
storm water runoff, or non-contact cooling water, or to lined pits,
cellars, and basins which are normally empty but used for the
containment of spilled or leaked fluids .
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 and maintained to
prevent dust and mud. The requirements governing surfacing of
private roads may be altered at the discretion of the Fire Chief
after consideration of : 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. (Ord. 2491, 1 Jul 81)
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) When such work consists of minimum maintenance or
surveillance on the oil operation site and such work is conducted
between the hours of 7 a .m, and 10 p.m. ; or
(2) In case of emergency; or
(3) When so ordered by the Division of Oil and Gas; or
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(4) Where the work being so conducted is soundproofed
and such soundproofing is approved by the Fire Chief .
(b) When operations are conducted beyond a distance of three
hundred (300) feet from the aforementioned facilities, the Fire
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 resistant
soundproofing material, which shall be maintained in a serviceable
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 10 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 hours if, in his
opinion, the noise is minimal, or if required by the Division of Oil
and Gas , or in case of emergency. (Ord. 2491, 1 Jul 81)
_15 . 20 , 110 Well Servicing Hours . It shall be unlawful to do any
work between the hours of 10 p.m. and 7 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. (Ord. 2532, 3 Feb 82; Ord. 2491, 7/81)
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 corresponding casing
head for the purpose of bleeding off casing pressure and for hookup
to kill the well in case of an emergency. Violations of this
section shall constitute a misdemeanor punishable as set forth in
Chapter 1 . 16 of the Huntington Beach Municipal Code. (Ord. 2491, 1
Jul 81)
15 .20 . 130 Blowoi4t 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 Division of Oil and Gas
and the safety orders for drilling and production of the State
Division of Industrial Safety. Violations of this section shall
constitute a misdemeanor punishable as set forth in Chapter 1 . 16 of
the Huntington Beach Municipal Code. (Ord. 2491, 1 Jul 81)
15 , 20 , 135 Belt Guards Required. Belt guards shall be required
over all drive belts used on oil field equipment. Guarding shall be
as required by Title 8 of the California Administrative Code,
subchapter 14, section 6622 . (Ord. 2708, 5 Dec 84)
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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 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, and 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 . (Ord.
2491, 1 Jul 81)
15 , 20 . 150 Fence Permit Rgauired. 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 therefore
shall have been issued by the Development Services Department. 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 accordance with such conditions . These
fence, gate and wall standards may be modified subject to the
approval of the Division of Oil and Gas and the Fire Chief upon a
determination by the Fire Chief that alternate means of restricting
access have been provided and that said alternate means are as
effective or more effective than these fence standards . 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 setback
requirements contained in this title. (Ord . 2861, 2 Oct 86; Ord.
2491, 7/81)
15 . 20 . 169 Fences . All oil operation sites, oil heaters and
tanks , and idle wells shall be completely enclosed by a chain link
fence, masonry wall, or other approved fencing material according to
City requirements in combination with all applicable Division of Oil
and Gas requirements .
(a) All chain link fence enclosures shall have a minimum height
of six (6) feet, topped with three (3) strands of barbed wire,
spaced four (4) inches apart;
(b) There shall be at least one gated opening for access,
placed in a nonhazardous position and said gate(s) shall be kept
3037
locked at all times while left unattended by a watchman or
serviceman;
(c) There shall be no opening below the fence greater than four
(4) inches;
(d) 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 as approved by the Building Division, but in
no event less than twelve (12) inches;
(e) Fencing constructed of individual chain link panels shall
be securely latched, pinned or hinged to prevent unauthorized
persons from gaining access to such operation or drilling site;
(f) The chain link fabric shall be eleven (11) gauge galvanized
steel and may be coated with vinyl or plastic material;
(g) Posts and rails shall be standard galvanized, welded pipe.
Fences constructed after January 1, 1984 shall use pipe of the
following outside diameters :
End posts : 2 3/8
Line posts : 1 7/8
Top and bottom rails : 1 3/8
Movable panels around wells shall use 1 3/38 inch galvanized
welded pipe for all frame members .
(h) All pipe and other ferrous parts, except chain link fabric,
shall be galvanized inside and outside.
(i) Tension rods shall be 3/8 inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six
(6) inch minimum take-up . Tension bars shall have a minimum
thickness of 1/4 x 3/4 inch. (Ord . 2861, 2 Oct 86; Ord. 2708,
12/84 ; Ord. 2491, 7/81)
15 . 20 . 165 Temporary Fences . Except for pulling rigs , all
temporary and/or portable oil equipment shall be enclosed for the
duration of the operation with temporary fencing to meet the
standards contained in this chapter, except for support posts which
need not be anchored in more than two locations . (Ord . 2708, 5 Dec
84)
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;
3037
(b) The wall shall be at least six (6) feet in height, topped
with three (3) strands of barbed wire, spaced four (4) inches apart;
(c) It shall be constructed in accordance with the provisions
of the Huntington Beach Building Code.
(d) Barbed wire may be excluded from masonry perimeter walls if
each individual pumping unit, oil heater, tank, and each piece of
other oil operation equipment is protected with a fence that meets
the standards of this code. (Ord. 2861, 2 Oct 86 ; Ord. 2491, 7/81)
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 section. The gated section shall meet the
following specifications :
(a) Each gated section 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, and each gate shall
be topped with three (3) strands of barbed wire, spaced four (4)
inches apart;
(b) The gates shall be of chain link construction which meets
the applicable specifications or of other approved materials which,
for safety reasons, shall be at least as secure as chain link fence;
(c) The gates 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 1800 swing. Sliding gates must be
made of heavy duty malleable iron or steel industrial service type.
(Ord . 2861, 2 Oct 86; Ord. 2491, 7/81)
15 ,20 . 120 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.
(Ord. 2491 , 1 Jul 81)
15 . 20 , 200 Notification of Installation. Prior to the
installation and operation of any oil field recovery heater, the
person or entity proposing to install and operate such heater shall
so notify the Fire Department.. All heaters shall be installed and
operated in compliance with the applicable provisions of this
chapter . (Ord. 2491, 1 Jul 81)
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15 . 20 . 210 Installation. The distance between oil field
recovery heaters and residential , commercial, and public assembly
buildings shall be as follows :
(a) Oil-fired recovery heaters : five hundred (500) feet. The
distance may be reduced to one hundred (100) feet when the heater is
enclosed by a six (6) foot high masonry wall .
(b) Gas-fired recovery heaters : three hundred (300) feet . The
distance may be reduced to fifty (50) feet when the heater is
enclosed by a six (6) foot high masonry wall .
(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 developed
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 pipe insulation. (Ord. 2491, 1
Jul 81)
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 Fire Chief that the noise or vibration is detrimental to the
health, safety or welfare of the surrounding neighborhood, the Fire
Chief may order the operator to cease operations . (Ord. 2491, 1
Jul 81)
15 . 20 .225 Pumping Units All pumping units located within a
developed area shall be operated by electric motors . Electric
motors shall be utilized on all other miscellaneous equipment
necessary to the oil operation. Power for all electrical equipment
shall be from the local electric utility distribution system and
shall not be generated on site.
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, and ignited carbon or soot.
(Ord. 2491, 1 Jul 81)
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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 . (Ord. 2491, 1 Jul 81)
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 maintained in accordance with all
applicable State and Municipal regulations .
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 to a wellhead or oil
storage tank. (Ord. 2491, 1 Jul 81)
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 Fire Chief .
(b) Structural Requirements . If, as determined by the Fire
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 operation to provide
licensed civil or structural engineers ' analysis pertaining to the
adequacy of said structure.
(c) Qikes 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 standards of the
National Fire Protection Association as they presently exist or may
hereafter be amended. (Ord . 2491, 1 Jul 81)
15 . 20 . 270 Tank Setl2acks . All new tanks, replacement 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. (Ord. 2491, 1 Jul 81)
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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
intersection of said lines and striking a hypotenuse between the two
points, as illustrated in the diagram included herein. (Ord. 2491,
1 Jul 81)
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 lease hold, oil operation site
or drill site within seven (7) days after completion of a well
servicing operation. (Ord. 2491, 1 Jul 81)
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 . (Ord. 2491, 1 Jul 81)
15 , 20 . 310 Storage of Eguipment.
(A) Developed Areas . In "developed areas" , equipment which is
not essential to the everyday operation of an oil production,
storage, or shipping site shall not be stored upon the site unless
the following conditions are met:
(1) The site is provided with complete perimeter
screening which shields the equipment from public view, and
(2) Such storage is a permitted use in the base zoning
of the site, and
(3) A minimum twenty five foot (25 ' ) clear space is
maintained around the perimeter of all active equipment tanks ,
pumps, and pipelines within the site, and
(4) Unobstructed fire equipment road access is
maintained within one hundred feet of all active equipment, tanks,
pumps, and pipelines within the site.
(B) Undeveloped Areas : In "undeveloped areas" , equipment which
is not essential to the everyday operation of an oil production,
storage, or shipping site shall not be stored upon the site unless
the following conditions are met :
(1) The site is completely enclosed by a fence which
conforms to the provisions of this code, and
3037
(2) Such storage is a permitted use in the base zoning
of the site, and
(3) A minimum twenty five foot (25 ' ) clear space is
maintained around the perimeter of all active equipment, tanks,
pumps, and pipelines within the site, and
(4) Unobstructed fire equipment road access is
maintained within one hundred feet of all active equipment, tanks,
pumps, and pipelines within the site.
15 . 20 .320 Plot plan of pipeline locationg . Within six (6)
months after adoption of this chapter, each operator shall submit to
the Fire Department a plot plan indicating the approximate location
of all active onshore pipelines used in the operation and which are
located off the lease hold, including waste water, and trunk and
gathering lines to transport crude oil or petroleum products .
(Ord. 2708, 5 Dec 84)
15 .20 . 350 Emergency Actions . The Fire Chief may authorize any
actions deemed necessary to abate or control hazardous conditions on
oil or natural gas operation sites, including the emergency shutdown
of all types of wells and equipment .
15 , 20 . 400 Noise Control . Chapter 8 .40 of the Huntington Beach
Municipal Code is adopted and incorporated into this code by
reference, and its provisions are enforceable as part of this code
in all operations related to oil production, storage, processing and
transportation.
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SAFETY SIGHT ANGLE
Chapter 15 .22
SCREENING AND LANDSCAPING
Sections •
15 . 22 . 010 Screening--Developed Areas .
15 .22 . 020 Screening--Drilling, Redrilling and Activation.
15 . 22 . 030 Screening Setbacks .
15 . 22 . 040 Landscaping for Developed Areas--Drilling and
Activation.
15 .22 . 045 Landscape Irrigation.
15 .22 . 050 Landscaping--Minimum Area .
15 . 22 . 060 Landscaping--Minimum Requirements .
15 .22 . 010 Screening--Develo-ed Areas . On or before July 1,
1983, all oil wells and tanks located in developed areas, as defined
in this title, shall be screened by a fence enclosure constructed 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 Community
Development 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;
(c) Any other material compatible with surrounding uses which
effectively screens the oil operation site, approved by the Director
of Community Development;
(d) All fencing, masonry wails, 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, and secure condition. Neutral colors
shall include sand, grey, and unobtrusive shades of green, blue and
brown, or other colors approved by the Fire Chief . (Ord. 2491, 1
Jul 81)
15 . 22 . 020 Screening--Drilling. Redrilling and Activation.
Within sixty (60) 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 conforms 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. (Ord. 2491, 1 Jul 81)
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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 Community Development may reduce
such required setbacks where an oil well or other necessary
equipment is or must be located in the setback areas, in which case
special landscaping requirements for screening purposes may be
imposed. (Ord. 2491, 1 Jul 81)
15 . 22 . 040 Landscaping £or 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 Community Development . 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 in a
developed area, as defined in this title, shall be landscaped 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. (Ord . 2491, 1
Jul 81)
15 .22 . 045 _Landscape Irrigation. When landscaping is required
by this code, the landscaped areas are to be irrigated by an
automatic watering system which provides complete coverage to all
landscaped areas . All supply and distribution piping shall be
located underground. All landscaping shall be maintained in a neat,
clean, and healthy condition. Maintenance shall include proper
pruning, mowing, disease and rodent control, weeding, litter
removal, fertilizing, watering, and plant replacement as necessary.
15 .22.050 Landscaping---Minimum Area . The minimum area required
to be landscaped at an oil operation site shall be the front and
exterior side yard setbacks for the district. Any area enclosed by
a fence meeting the requirements of this title shall be excluded
from the minimum area to be landscaped. (Ord. 2708, 5 Dec 84;
Ord. 2491, 7/81)
3037
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
Square footage of
minimum landscape Minimum trees Minimum shrubs
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 Community Development 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. An automatic irrigation system
may be required by the Fire Chief when it is necessary to sustain
and promote healthy plant life.
The following plants are acceptable for use in landscaping,
provided, however, that the Director of Community Development may
approve other plants which he finds adaptable to the particular 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) .
HRUB : Nerium Oleander (oleander) ; Escallonia Fradesi (Pink
Princess) ; Metrosideros Tomentosa (New Zealand Christmas tree--bush
3037
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) ; hemerocallis hybrids (day lily) ; Agapanthus
Africanus (Lily of the Nile) ; Liriope Gigantea (turf lily) .
AROUND COVER: Mesembryanthemum (ice plant) ; Osteospermum;
Fruticosum (African daisy) ; Gazania Splendens (Gazania) ; Hedera
Helix Hahnil (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.
Dead vegetation and litter shall not be allowed to gather. The
replacement of dead trees and other vegetation shall be made in
conformance with the approved plan within thirty (30) days of
written notice. (Ord. 2708 , 5 Dec 84 ; Ord. 2491, 7/81)
3037
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15 . 24 . 010--15 . 24 . 040
Chapter 15 .24
CLEANUP AND MAINTENANCE
Sections •
15 . 24 . 010 Cleanup After Well Servicing.
15 . 24 . 020 ail Spill Plans Required.
15 .24 . 030 Cleanup After Spills , Leaks and Malfunctions .
15 .24 . 040 Releasing of Fluids .
15 .24 . 050 Freedom from Debris .
15 . 24 . 060 Painting .
15 .24 . 070 Gas Emission or Burning Prohibited.
15 .24 .080 Performance of Maintenance and Repair .
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 . (Ord . 2491, 1 Jul 81)
15 .24 . 020 Oil Spill Plans Required. An oil spill contingency
plan or spill plan shall be required for every oil operation site,
and available for inspection by the Fire 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. (Ord.
2491, 1 Jul 81)
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 Fire Chief all oil
and waste materials from any public or private property affected by
such spill , leak or malfunction . (Ord . 2491 , 1 Jul 81)
U5 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, hydrocarbon substances,
or any refuse including waste water or 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. Violations of this section shall constitute a misdemeanor
punishable as set forth in Chapter 1. 16 of the Huntington Beach
Municipal Code.
EXCEPTION; treated waste water 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
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into an outfall approved by the Regional Water Quality Control
Board. (Ord. 2491, 1 Jul 81)
15 . 24 . 050 Freedom from Debris . All property on which an oil
operation site is located, and the area immediately adjacent thereto
and under the control of the oil operator, 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 . (Ord.
2708, 5 Dec 84 ; Ord. 2491, 7/81)
15 . 24 . 060 Painting. All production equipment on the oil
operation site shall be kept painted and maintained at all times,
including pumping units, storage tanks, heaters, and buildings or
structures . 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 Fire Chief . All production equipment shall be
painted a neutral color, as defined herein, within six (6) months
after the adoption of this chapter.
EXCEPTIONS: the color requirements of this section shall not
apply where there are continuing and ongoing multiple drilling
operations which (a) do not have public access; (b) are not
adjacent to existing residential property or property that is
generally planned or zoned for residential use; and (c) are
screened from public view. (Ord. 2708, 5 Dec 14; Ord, 2491, 7/11)
15 .24 . 070 Gas Emission or Burning Prohibited. No person shall
allow or cause or permit gases from production operations to be
vented into the atmosphere or to be burned by open flame except as
provided by law or as permitted by the Division of Oil and Gas and
the appropriate air pollution control district . (Ord. 2491, 1 Jul
81)
15 .24 .080 Performance of Maintenance and Repair . Maintenance
and repair of oil operation equipment and sites shall be performed
in a timely and workmanlike manner after notice. (Ord. 2708, 5 Dec
84)
3037
15 .28 . 010---15 . 28 . 030
Chapter 15 .28
WASTE WATER SYSTEM
Sections •
15 .28 . 010 Waste Water System.
15 .28 . 020 Sewer Connection Permit--Application Fee.
15 .28 .030 Contents of Application---Property Description.
15 .28 . 040 Damages .
15 .28 . 050 Discharge Line.
15 . 28 . 060 Rules for Laying Drainpipe to Sanitary Sewer.
15 .28 . 010 Waste Water System. For the purpose of handling
industrial wastes from oil and gas wells, including waste water and
brine, the Public Works Department shall issue a sewer connection
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 Sanitation
District discharge regulations . Such industrial waste shall be
processed through a clarification system approved by the Fire
Department . At no time shall discharge water be over 1400
fahrenheit at point of entry to the sewer. Violations of this
section shall constitute a misdemeanor punishable as set forth in
Chapter 1 . 16 of the Huntington Beach Municipal Code. (Ord. 2491, 1
Jul 81)
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 connection permit shall
be filed with the Fire Department together with a fee per sewer
connection, as established by resolution of the City Council .
(Ord. 2491, 1 Jul 81)
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 clarifying 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 waste water settling systems . (Ord. 2491, 1 Jul
81)
15 ,28 .040 Damages . The permittee shall be responsible for all
damages to City property. (Ord. 2491, 1 Jul 81)
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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 . (Ord. 2491, 1
Jul 81) .
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. (Ord. 2491, 1 Jul 81)
3037
Chapter 15 . 32
NONPRODUCING AND IDLE WELLS
Sections •
15 .32 .010 Production Report--Filing Dates .
15 . 32 . 020 Production Report--Failure.
15 . 32 . 030 Production Report--False.
15 .32 .035 Production Standards .
15 .32 . 050 Idle Wells .
15 .32 . 060 Site Restoration--Procedure.
15 .32 . 085 Abandonment .
15 .32 . 090 Abandonment Requirements - Development or
Redevelopment
15 . 32 . 100 Abandonment Procedures .
15 . 32 . 110 Abandoned Well--Site Restoration Requirements ..
15 . 32 . 115 Site Restoration Time Limit .
15 . 32 . 120 Location of New Construction.
15 . 32 . 010 Production Report--Filing Dates . All well operators
shall file with the Fire 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 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 Fire
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) Owners or operators of all oil and/or natural gas wells,
oil or natural gas storage facilities, or oil or natural gas
transportation equipment shall be required to meter fluids produced
or transported as ordered by the Fire Chief to verify production of
wells under the jurisdiction of the City of Huntington Beach.
(e) The Fire Chief may require any additional actions he
determines necessary for verification of well production.
15 . 32 . 020 Production Report--Failure. Failure to report
production as required in this chapter shall constitute a
misdemeanor punishable as set forth in Chapter 1. 16 of the
Huntington Beach Municipal Code. (Ord. 2491, 1 Jul 81)
3037
5.32 . 030 Production Report--False. Filing a false,
fraudulent, or intentionally inaccurate report shall constitute a
misdemeanor punishable by fine, imprisonment or both. (Ord. 2491,
1 Jul 81)
15 .32 , 035 Production Standards--Any well which does not produce
in any calendar quarter at least (90) barrels of crude oil or other
hydrocarbon substances, or at least one hundred thousand cubic feet
of natural gas , shall be declared "nonproducing" . If such well
fails to produce the required amounts for two successive calendar
quarters, it shall be declared idle. The following classifications
of wells are EXEMPTED from these minimum production requirements :
(1) Wells which are part of an identified and legitimate
"enhanced recovery project"
(2) Wells which are part of a City authorized consolidated
recovery project
(3) Wells utilized for the injection of fluids
(4) Wells deemed by the Fire Department and the Division of Oil
and Gas to be necessary to prevent the dangerous repressurization of
a mineral field
(5) Wells which, to the satisfaction of the Fire Chief, are
demonstrated to have a legitimate future use as a part of an
enhanced recovery project or consolidation project .
The Fire Chief may suspend minimum production requirements
during periods of extremely low market prices for crude oil or
natural gas . Wells will be exempt from production standards for
each calendar quarter or portion thereof for the duration of such
periods .
All wells which are exempted from production standards for any
reason must be shown to be mechanically sound, patent, and operable.
15 .32 . 050 Idle Wells . When a well is determined to be an
"idle" well, 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 Fire Department . Once the notice
is sent, the well or wells specified therein may not be activated
unless the requirements of C-hapt-er 175 .3-5 of this code are adhered to
and satisfied. 00
3037
(b) The notice shall indicate the name and location of the well
in question and a statement by the Fire Chief of the reasons why
such well is an idle well, as defined by section 15 .32 . 035 of this
code . (Ord. 2491, 1 Jul 81)
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) All materials removed pursuant to the requirements set
forth in this section shall be processed or disposed of in
compliance with all City, County, State and Federal regulations .
(g) The wellhead shall be capped with a blind flange and a two
(2) inch or larger steel bleeder valve shall be installed which can
be locked in a closed position. (Ord. 2491, 1 Jul 81)
15 ,32 . 085 Abandonment . The operator of any well that has been
declared idle shall abandon said well within six months of receiving
an order from the Fire Chief to abandon.
15 ,32 090 Abandonment Requirements- Development or
Redevelopment . Prior to the release of any building or grading
permits for the development or redevelopment of any property, all
wells on the parcel shall be abandoned or reabandoned to current
Division of Oil and Gas and City of Huntington Beach standards .
Existing producing wells which will remain in service after the
completion of the development or redevelopment of the property are
exempted from these requirements .
15 . 32 . 100 Abandonment Procedures . The procedures set forth in
Huntington Beach City Specification # 422 shall be followed
throughout the abandonment process . In addition to these
3037
requirements, the responsible party must file a "Notice of Intent to
Abandon a Well" (Fire Department form FD-61) with the Fire
Department for each well which is to be abandoned. Such notice
shall contain the date the abandonment work will commence. Once all
necessary permits and approvals have been obtained, abandonment work
may commence on or subsequent to the date so stated.
15 .32 . 110 Abandoned Well--Site Restoration Requirements . The
abandonment of a well shall not be approved and accepted by the Fire
Department until the site has been restored according to the
following requirements .
(a) The derrick and all appurtenant equipment shall be removed
from the site.
(b) All tanks, towers , and other surface installations shall be
removed from the site.
(c) All piping, debris, wood, concrete foundations and pads,
trash, and other foreign materials shall be removed from the site.
(d) All holes (including rat holes) shall be filled and
compacted with earth. If the well is located in a single well
cellar, or if the well is the last remaining well in a multiple well
cellar, the cellar shall be removed .
(e) The well site shall be graded and returned to as near a
natural state as practicable.
(f) All contaminated soils and materials within the site
boundaries shall be removed and treated or disposed of in accordance
with all local, County, State, and Federal regulations .
15 . 32 . 115 Site Restoration Time Limit. All requirements listed
in Section 15 . 32 . 110 must be completed within sixty (60) days of the
completing of abandonment or reabandonment work on the well(s) on
the site.
15 , 32 . 120 Location of New Construction. Whenever possible, new
construction shall not be located within ten ( 10) feet of, or over,
any abandoned well . If the property configuration cannot accommodate
such location, development may be allowed provided that procedures
set forth by the Fire Chief and in City Specification 422 are
adhered to . Development or occupancy may be prohibited on any site
deemed by the Fire Chief to be hazardous due to the condition of the
well(s) within the property boundaries .
3037
15 .36 . 010--15 .36 . 020
Chapter 15 . 36
NUISANCE OIL WELLS AND SITES
Sections •
15 . 36 . 010 Notice and Hearing .
15 . 36 . 020 Work--Costs Report--Hearing on Assessment.
15 .36 .030 Notice of Lien Filed to Pay Assessment .
15 . 36 . 040 Additional Remedies .
15 .36 . 010 Notice and Hearinc . Whenever the Fire Chief
determines that a public nuisance, as described in this code, 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 condition 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 Fire Chief and the notice
to remove or eliminate the nuisance conditions . The City Council
may direct the Fire 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 . (Ord. 2491, 1
Jul 81)
15 . 3fi. 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 City Council . The parties
to be assessed shall receive by first class, prepaid mail a notice
of a public hearing on the assessment . (Ord. 2491, 1 Jul 81)
15 ,31 ,030 Notre 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 Controller and Assessor
who is expressly authorized to enter the amount thereof in the County
3037
assessment book opposite the description 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. (Ord. 2491, 1 Jul 81)
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. (Ord. 2491, 1 Jul 81)
3037
15 .40 . 010--15 . 40 . 030
Chapter 15 .40
ACTIVATION OF IDLE WELLS
Sections •
15 .40 . 010 Activation Permit Required.
15 .40 . 020 Application and Fee.
15 .40 . 030 Action by Fire Chief and Director of Community
Development.
15 .40 . 040 Expiration of Permit .
15 .40 . 050 Test Permit.
15 .40 .060 Cease and Desist Order .
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 provisions of this title.
(Ord. 2491, 1 Jul 81)
15 .40 . 020 Application and Fee. An application, on a form
provided by the Fire Department, shall be filed with the Department
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 Fire
Department unless the property on which the well is located may be
lawfully used for oil operations in accordance with the provisions
of the Huntington Beach Ordinance Code and the required permit
application fee is paid. Such fee shall not be refundable. (Ord .
2491, 1 Jul 81)
15 .40 . 030 Action by Fire Chief and Director of Community
Development . Within ten (10) working days after such application is
filed, the Fire Chief and the Director of Community Development
shall review the application. If the Fire 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 requirements of this title, and if the Director of Community
Development determines that all applicable provisions of the
Huntington Beach Ordinance Code have been met, the Fire Chief shall
issue the activation permit . If the Director of Community
Development is unable to find compliance with the application
provisions of the Huntington Beach Ordinance Code, the Fire Chief
shall deny the permit and shall give notice to the applicant of such
denial . (Ord. 2491, 1 Jul 81)
3037
15 .40 . 040 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 authorized by such permit
is not commenced within 120 days from the date of issuance of such
permit . (Ord . 2491, 1 Jul 81)
15 .40 . 05Q 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 operations necessary for
the conducting of the test shall be permitted.
Should the well fail to produce oil, gas, or other hydrocarbon
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
180 days from the issuance of the test permit in accordance with the
regulations of the Division of Oil and Gas and this title. (Ord.
2491, 1 Jul 81)
15 .40 . 060_ Cease and Desist Orider. 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 Fire Chief shall order the operator to cease and
desist operation of the well immediately. The operator shall
immediately comply with the order of the Fire Chief to cease and
desist and shall not resume any operation at the site affected
unless and until the written approval of the Fire Chief is
obtained. (Ord . 2491, 1 Jul 81)
(Prior law; Ord. 280, 4/26; Ord. 418, 10/38; Ord. 515, 9/47;
Ord. 1203, 5/66; Ord. 1559, 4/70; Ord. 1653,
11/71; Ord. 1814 , 2/73 ; Ord. 2186, 6/77;
Ord. 2228, 10/77 ; Ord. 2309 , 9/78 ; Ord. 2321,
10/78; Ord. 2351, 3/79)
3037
CHAPTER 15 . 50
CONSOLIDATION PROJECTS
Sections •
15 . 50 . 010 Purpose.
15 . 50 . 020 Abandonments .
15 . 50 . 030 Interior Ground Surfaces .
15 . 50 . 040 Noise Standards .
15 . 50 . 050 Brine Water.
15 . 50 . 060 Drilling Rigs .
15 . 50 . 070 Service Rigs .
15 . 50 . 080 Storage tanks .
15 . 50 . 090 Oil Transportation.
15 . 50 . 100 Fire Protection Requirements .
15 . 50 . 110 Additional Requirements .
15 . 50 , 010 Purpose The purpose of the consolidation of oil
operations shall be to attain the following objectives :
( 1) To consolidate oil operations onto specified locations,
replacing equipment and/or wells currently spread throughout an area .
(2) To obtain the abandonment and replacement of outdated and
hazardous wells and tanks .
(3) To eliminate or substantially lessen significant
environmental effects through mitigation measures .
(4) To offset unavoidable environmental effects created by the
consolidation project with overriding improvements in other areas .
(5) To minimize the visual impacts resulting from the project
by design features, maximum feasible screening, walls, and
landscaping .
( 6) To protect the public from damage and nuisance due to
noise, smoke, odor, dust, vibration, contamination, fire and
excessive traffic.
(7) To maintain consistency with the goals and objectives of
the General Plan, with no substantial public purpose served by
denial of the consolidation project .
(8) To provide an overall higher level of safety and protection
for the public.
��7
15 , 50 , 020 Abandonments_ The sealing and abandonment of existing
wells which will be replaced by the project shall be completed
within eighteen (18) months of the date of commencement of drilling
operations for the consolidation project . All abandonments shall be
done according to the requirements of the Division of Oil and Gas
and the City of Huntington Beach.
15 . 50 . Q30 Interior Ground Surfaces All interior ground
surfaces shall be a minimum grade of "all weather surfaces" as
defined by the Public Works Department .
15 , 50 . 040 Noise Standards All operations shall conform to the
noise level standards established in Chapter 8 .40 of the Huntington
Beach Municipal Code. The City may require noise attenuation
equipment wherever and whenever it deems necessary.
15 . 50 . Q50 Brine Water Brine water produced from the formation
zones shall not be released into the sewer system unless such
discharge is performed under current and valid permits from the City
and the Orange County Sanitation District.
15 . 50 . 060 Drilling Rigs All drilling rigs shall be operated by
electric motors . Electric motors shall be utilized on all other
miscellaneous equipment necessary to the operation. Power for all
electrical equipment shall be from the local electric utility
distribution system, and shall not be generated on site.
15 . 50 , 070 Service Rigs Service rigs shall be erected only
during necessary maintenance operations .
15 . 50 . 080 Storage Tanks All tanks utilized as a part of the
project shall comply with the requirements for vapor emissions
established by the South Coast Air Quality Management District, and
vapor recovery equipment shall be installed as required.
15 . 50 ,090 Oil Transportation All oil produced from the site
shall be shipped via pipeline.
15 . 50 . 100 Fire Protection Requirements On-site fire protection
shall be installed in all consolidation facilities in compliance
with all requirements set forth by the Fire Department, and as a
minimum shall include the following:
(a) All cellars shall be equipped with:
(1) A hydrogen sulfide detection system
(2) Fire extinguishers which are located within seventy
five (75) feet of travel from any location
(3) Open metal grates over the tops
(b) All storage tanks shall be equipped with:
(1) A pre-plumbed fixed foam delivery system
3037
(2) Dike protection with an engineered drainage system.
Plans for emergency discharge to the City' s storm drain system shall
be approved by the Regional Water Quality Control Board.
(c) On-site foam storage shall be provided in the specified
quantity
(d) Adequate fire hydrants shall be provided
(e) All gate openings must be a minimum of twenty four (24)
feet in width, and installation must comply with Fire Department
Specification 403
15 . 50 . 110 Additional Requirements The Fire Chief may impose
additional requirements or modify requirements as is determined
necessary to provide an adequate level of safety for the
consolidation operations .
3037
SECTION 3 . 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 on the 2nd
day of April 19 90.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk A s ty AttorneyQ,,�$,. E��`�
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator ire Chief
3037
Ord. No. 3037
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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 therof held on the 19th day of March
1990 , and was again read to said City Council at a regular
meeting therof held on the 2nd day of April 1990 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell, Green, Mays, Silva
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
Bannister, Erskine.
I, Connie Brockway CITY CLERK of the City of
Huntington Beady and ex-officio Cleric of the Clty
Council,*hereby certify that a synopsis of this City Clerk and ex-offi c T o Clerk
ordinance has been published in the daily Pilot on of the City Council of the C i ty
19 of Huntington Beach, California
in atxorda e y4h t+t*GJy Charter of said City.
Connie Brvekway
City Clerk
ty City Clerk