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HomeMy WebLinkAboutMethane Gas Hazard Abatement - Code Amendment 89-7 - Ordinan The Maki ng ;of,-..Me' t, hare Gas /� :•vk}}" .i �' £�+�'+..:.4.}... 'ethane NZ 01, _ vv�,��>•+.`v�.y.•��.w}w'{+i<�y,v •1'�v3\v,'.{.fv�y4�(•}�w' AN" . . Gas .., w Hydrocarbon Microbes Production Soils ------------- Evolution of Buried Crude Oil Migration ik t � Warmer 10 feet Methane yas Temperature & crude oil 20 feet Methane Gas Cooler Temperature � a M ethane , Perculati on Undeveloped Land Developed Land -------------------------- .......... ...........: ----------------- - ---------------- 3 Beach'untington dministrative Code Section 2 ,40 . 030 Function The Fire Chief shall require the abatement of any hazard or nuisance that presents a threat to the public because of the. following : Toxicity Radioactivity Flammability Any other characteristics dangerous to public health or the environment y untington Beach Municipal Code OiIq kl Field Operations Sectiob .1 5.32. 110 All contaminated soils and materials within site boundaries shall be: Removed and Treated or Disposed of in accordance with all local , County, State, and Federal Regulations Ail k Uniform Fire Code/ 1988 Edition Section 80. 107 Facility Closure Plan Section 80 . 1.07 requires that . a plan be submitted to the Fire Department - for approval indicating that hazardous materials have been transported , disposed of, or reused . �R Soil Sample Compliance P Regardless of the standards set, samples must always be taken i ?•v v vi?{. h P nvQk. ;' 7 TATE SUMMARY OF SOIL CLEAN-UP STANDARDS FOR TO PETROLEUM HYDROCARBONS AS- OIL . RANGE : • Low of 1 PPM + High of 10 , 000 PPM AVERAGE -OF 41 STATES : 438 PPM R -CITY SUMMARY OF SOIL CLEAN-UP STANDARDS FOR TOIRL PETROLEUM HYDROCARBONS AS OIL CITY CLEAN-UP LEVEL (PPIVI) PROTOCOL Brea Huntington Beach 500-2000 418.1/8015m Long -Beach 1000 418.1 Los Angeles 1000 418.1 Montebello (2) (2) Santa Fe Springs 100-1000 418.1 Signal Hill 1000 418.1 Whittier (3) (3) (1 ) No standards; defer to Orange County Health Department (2) No standards; defer to consultants,. DOHS & RWQCB (3) No standards; defer to DOHS & RWQCB Specification #431 Soil Cleanup Standard � November 16 , 1992 SOIL CLEAN -UP STANDARD PROPOSAL L9 Current Standard Proposed Standard Levell Levelll Residential 100 PPM 500 1000* 100 1000 2000* Commercial/IndustrialPPM 1000 2000* Road Fill 100PPM * If screening levels are below Table II specifications then this higher concentration is allowed ample of Soil Borings' s ing EPA 418 . 1 & 8015m esTt Methods EPA Method 4�18 . 1 8 01P m • s • e - 300 PPM-q-- 5 feet —� 00 PPM 800 ppm--<-- o feet --B>-300 PPM 15feet400 ppm -ga— �185 ppm � ample of Soil Borings sing EPA 418 . 1 where ppm > 500 & < 1000 W M M son 300 PPM--a- 5 feet If test results comply with rp . Table 2 criteria (using EPA 800 pp � o feet 8020 & 8270 tests), sample ---------- meets City requirements 15 feet • , • f r, .. .� .. ... \ • • :;:�.a:.<+iiiiia$SivSiv.iJiii,<iiiiiSiii�.vvv }}?;�}.,:`�:}}}}:';•�2}}'.}\\: 'iat• :. :'.2 • \ 1 .. v:mr • i ...........�vx 1 Ak • • Laboratory Analytical Me thods Environmental Protection Agency (EPA) Method 418. 1 This measures the gross number of all petroleum hydrocarbons present in a soil sample from. approximately carbon 13 to carbon 60. This is achieved by projecting an infrared beam of light through an extracted solution of solvent. Laboratory Analytical Methods ----------------------- --------- Environmental Protection Agency (EPA) Method 8015m EPA Method 8015m measures a smaller window in the hydrocarbons chain . This analytical test measures carbon present from C8 to C30 (gasoline through. diesel ) by use of a gas chromatographer. _ Sao, ya REQUEST FOR CITY COUNCIL ACTION ` Date July 2, 1990 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrat 7— •Z iglo Prepared by: Raymond C. Picard, Fire Ch' f CITY CLERK Subject: AUTHORIZATION OF CITY REQUEST FOR INCRE SED GRANT FUNDS METHANE GAS HAZARD ABATEMENT Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: The City has received a grant of $115,000 for the abatement of methane gas hazards. Funds have become available which could increase our grant to a total of $177,500, an increase of $62,500 over the original amount. In order to be eligible to receive the additional funds, the City Council must authorize the official request for an increase. RECOMMENDATION: By minute action, approve the City's official request for an increase in grant funds. ANALYSIS: Section 1796(b) of Title 14 of the California Code of Regulations requires approval by the governing body of the City's request for additional grant funds. FUNDING SOURCE: None required. There is no requirement for matching funds from the City for this grant. ALTERNATIVE: Do not approve the request for an increase of funds. The grant would then remain at the original approved amount $115,000. ATTACHMENTS: Copy of the request for approval of the original grant, with supporting documentation. RCP/DG/sr 0486f PI O 5/85 ATTACHMENT 1 S/Z A-e �� REQUEST FOR CITY COUNCIL ACTION �n°nf Date April 97, 19g9 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Paul E. Cook, City Administrator — 191L Prepared by: Raymond C. Picard, Fire Chi fL �Gc Crry CLF Subject: AUTHORIZATION OF CITY REQUEST FOR GRANT FUNDS - METHANE HAZARD ABATEMENT Consistent with Council Policy? W Yes [ J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: s STATEMENT OF ISSUE: The City has been approved to receive $115,000 for abatement of methane gas hazards. In order to receive these funds, the Council must authorize the official request for the grant monies. RECOMMENDATION: By minute action, approve the City's official request for grant funds for the abatement and mitigation of methane gas hazards. ANALYSIS: Section 1796(b) of Title 14 of the California Code of Regulations (copy attached) requires approval by the governing body of the City's request for grant funds. FUNDING SOURCE: None required. ALTERNATIVE: Do not approve the request for grant funds. This would result in either no action for methane gas hazards, or in the City providing funds to initiate the hazard abatement program. ATTACHMENTS: 1. Letter of notification of grant award from the Department of Conservation. 2. Copy of Section 1796, 1797, and 1798 of Title 14, California Code of Regulations. 3. Final Application for Methane Hazard Reduction Grant Funds for the City of Huntington Beach. RCP/DG/sr 9361f PIO 4/84 iSTATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF CONSERVATION DIVISION OF ADMINISTRATION o� DIVISION OF MINES AND GEOLOGY \ DIVISION Of OIL AND GAS , DIVISION OF RECYCLING 1416 Ninth Street SACRAMENTO, CA 95814 TDD(916) 324-2555 ATSS 454-2555 (916) 322-1080 January 13 , 1989 Mr . Raymond C . Picard Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach , CA 926118 Dear Mr . Picard : The City of Huntington Beach Preapplication for Methane Gas Hazards Reduction Assistance has been reviewed by staff of the Department of Conservation and , pursuant to Section 1795 of Title 14 of the California Code of Regulations , has been found to be complete , pending the following modification . Based on past experience and estimates submitted by other jurisdictions , the budgeted cost of $25 , 000 for the installation of a vent well appears to be high . A cost of $15 , 000 per installation seems to be more realistic . Therefore , we recommend that $45 , 000 to $50 , 000 be allocated specifically for the installation of three vent wells , as at least three potentially hazardous locations have already been identified in Huntington Beach and are likely candidates for vent-well installations . With the inclusion of the above modification , the City of Huntington Beach will be eligible for a $115 , 000 grant for methane gas hazards reduction assistance during fiscal year 1988/89 . However , before the payment of grant monies can be made , the provisions of Sections 3861 and 3862 of the Public Resources Code (enclosed ) must be fulfilled and a final application that meets the requirements of Section 1796 of Title 14 of the California Code of Regulations (enclosed ) must be filed with this Department . Mr . Raymond C . Picard Page 2 If you have any questions regarding this matter , please feel free to contact Bruce Hesson , Grant Coordinator , at the Division of Oil and Gas in Long Beach at ( 213 ) 590-5311 . Sincerely , U'� 1'l Howard A . Sarasohn Deputy Director Enclosures cc : B . Hesson -5- 1796. Final Application Requirements The final application shall include: a. Evidence that the items required by Subsections (a) , (b) , and (c) of Section 3862 of the Public Resources Code have been completed. b. A resolution or notification from the eligible jurisdiction's governing body authorizing the request for the grant award. C. A statement of compliance with CEQA requirements, if CEQA compliance was necessary for the activity. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3663, Public Resources Code. 1797. Fiscal Requirements for Grants a. Eligible jurisdictions receiving a grant shall establish a separate ledger account for expenditures that will be paid or are expected to be paid by grant funds. This will provide separate accountability for grant activities, ensure that expenditures to be paid by grant funds are not commingled with other funds, and feature accounting records that are supported by source documents. b. Financial reports to the Department shall be submi.tted on a semi-annual basis. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code. 1798 . General Information a. All correspondence, notices of public hearings, notices of intent, preapplications, final applications, and financial reports- shall be submitted to the Department of Conservation in Sacramento and to the Division of Oil and Gas in Long Beach. The addresses will be provided when a jurisdiction is notified of their eligibility to receive a grant award. b. Extensions of time periods indicated in this subchaptet_ may be granted upon the showing of good cause. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code. (1187A/0075A) FINAL APPLICATION FOR METHANE HAZARD REDUCTION GRANT FUNDS FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA Designated Project Director: Jim Vincent, Fire Marshal Huntington Beach Fire Department 2000 Main Street Post Office Box 190 Huntington Beach, California 92648 714-536-5564 Designated Budget Officer: Mark Miller, Administrative Deputy Huntington Beach Fire Department 2000 Main Street Post Office Box 190 Huntington Beach, California 92648 714-536-5568 Designated Project Manager: Dennis Groat, Deputy Fire Marshal Huntington Beach Fire Department 2000 Main Street Post Office Box 190 Huntington Beach, California 92648 714-536-5531 PROJECT NARRATIVE 1. DESCRIPTION: Huntington Beach is an extensively developed urban community bordering the coastline in Orange County. Local geology and stratigraphy are conducive to the generation, migration, and release of significant amounts of methane gas. Subsurface layers include: 1. Extensive deposits of decaying organic matter. The origins are plant life from swamp and marshlands, and possibly fossil deposits of sea life. These deposits generate significant volumes of methane, sometimes over large geographic areas. Methane generated from these sources is referred to as 'biogenic' methane. 2. High porosity and permeability layers: Many areas of the City contain subsurface high effective porosity strata composed of sand and/or large deposits of sea shells. These layers allow the migration of methane over very large areas. 3. Petroleum deposits: Huntington Beach sits over on of the main oil fields in the State of California. Throughout the century, approxi- mately 3,800 wells have been drilled in the City, with approximately 950 wells currently in production. Primary recovery of minerals is almost completed, so many of the active wells will soon be abandoned. Secondary and tertiary recovery will be undertaken by several methods, including steaming and water flooding. The high pressure and high temperature. decomposition of matter which produces petroleum also generates significant amounts of methane gas. This methane is referred to as both 'thermogenic' and 'petrogenic'.methane. . Extensive recovery of primary petroleum reserves has resulted in the natural depressurization of petroleum reservoirs. Methane recovered with the crude has been separated out and utilized commercially. As primary recovery winds down, repressurization of the petroleum reserviors will occur. Some petrogenic methane emissions may occur during this repressurization/reabsorption process. Abandoned oil wells present a unique situation. Although petrogenic methane is not a significant problem at this time, many of the oil wells in the City penetrate the biogenic methane layers. Some of these wells have provided conduits for the transmission of methane to the surface. When oil wells are located in areas with high methane levels, these wells will be evaluated and possibly tested for transmission and release of biogenic methane. If deemed necessary, leaking wells will be reabandoned or utilized for venting methane gas. Due to the potential fiscal impact of well abandonments on the project budget, these activities will be limited to 'absolute necessity,' and other methods of funding oil well reabandonments will be actively pursued. Owner responsibilities and outside funding Sources will be utilized whenever possible. -I- Two (2) separate studies on methane gas accumulations in the City of Huntington Beach have been completed. The focus of these studies was the location of methane accumulations and the source of the gas. These studies did not in detail address the areal extent, spacial distribution, and stratigraphic elements of the problem areas. The main priority of the Methane Hazard Mitigation Program will therefore be to precisely quantify these elements. Concurrent with this quantification will. be the prioritization of methane accumulations in order of the highest degree of life and fire hazard. Consideration will be given to both the amount of methane in an area and to other hazardous substances (H2S, known carcinogens, other toxic gases, etc.) entrained with the methane. The highest hazard problems will be addressed prior to expending funds on moderate and light hazard areas. Mitigation measures may take various forms, but (regardless of the forms) priorities in the mitigation program will be: 1) elimination of the hazards; 2) in the most cost effective manner; 3) in compliance with all legal and environmental requirements; and 4) the most hazardous areas will be addressed completely before expending funds on systems for moderate or low hazard. Two (2) sources of information for the location of methane accumulations already exist; the sites identified in the "Roberti Study," and the data on methane leaks accumulated by the Southern California Gas Company. All locations of 'natural gas' leaks which are proven not to be from the distribution system of the Gas Company are reported to our agency. These two (2) bodies of data will be integrated and plotted onto a city map. The boundaries of these areas will be core drilled and tested to better establish the boundaries of the methane accumulations. Quantitative analysis of source for many of these areas has already been performed. Absent evidence of other hazardous - entrained substances, additional _ quantitative analysis..will not -be-undertaken;. primary emphasis will be to identify areas of high concentrations, followed by the design- arid. installation. .-of systems to: mitigate the hazards these. accumulations present. -2- PROJECT DESCRIPTION For the purposes of Methane Gas Studies and the Hazard Reduction Program, the City will be divided into three (3) geographical areas: the Algonquin, the Central, and the East Low Plains. The 'Algonquin Area' encompasses the Sunset Beach oil field area, located near Algonquin Street and the Huntington Harbour developments. The 'Central Area' includes the entire central section of the City, including the area known as the Huntington Mesa. The 'Eastern Low Plain Area' is an extension of the West Newport Oil Field, including the lower tidal plain area on the east side of the City. In order to adequately diminish the hazards presented by anomalous methane gas accumu- lations in these areas, the following program has been developed: I. ALGONQUIN AREA All known sites of methane accumulations will be plotted. Test holes will be drilled to determine areal and spacial distributions. The holes will be monitored to determine stratigraphy of the subsurface and the concentrations of methane being released. The Algonquin Area also contains one (1) location of known hazardous methane concentrations which may be petrogenic in origin. The designation of.. probable petrogenic origin was made in the follow up to the original 'Roberti Study.' There is a concentration of abandoned oil wells under a multi-unit residential development at the site of the release. Abandoned wells at this site will be tested for integrity against leakage. Because of the likelihood. of petrogenic .sources in, the Algonquin Area, we -will - institute a program of test hole drilling and installation of multi-probed twenty-four (24) hour gas monitoring'equipment..., A test hole will'be drilled at each'abandoned well location and near the producing locations. Each site will 'be monitored for a two (2) week period. Sites with anomalous levels of methane will be evaluated for degree of fire and life hazard. The remaining sites will be dropped from the program. The estimated cost of an approximately twenty (20) well study is $12,000. In addition to this, we will drill twelve (12), fifty (50) foot deep test holes at selected locations and equip them with an automatic monitoring system. Each hole will be monitored with methane gas sensing equipment so as to indicate the depth of encounter. Mud logging will be considered. Estimated cost $28,000. If significant nonwell related gas is found and cannot be shut off, install collection systems and lighted or unlighted flares. Estimated cost $25,000. II. CENTRAL AREA The Central Area contains methane which could be from a variety of sources. Some of the methane gas problems in this location are probably caused by old, filled-in oil sumps and buried leaking fuel tanks. The Southern California Gas Company has received many complaints of 'natural gas' emissions in this area, -3- 4 and they have maintained records and reports on these emissions. Tests have proven that the gas emissions are not coming from the Gas Company system. There is also an old, closed landfill in this area. This landfill is an identified source of anomalously high methane releases. Quantitative analysis shows that this methane contains known toxic and carcinogenic substances. Additional sites of anomalously high methane were identified in the 'Roberti Study.' None of the four (4) sites in this study have undergone quantitative source analysis. Such analysis will not be undertaken unless deemed necessary to differentiate spot sources (sumps, fuel tanks, etc.) from expansive soil deposits (large organic beds, etc.). Resolution of methane accumulations in this area will occur as follow: Each release point will be coded and plotted on a base map. Where necessary, test or core holes will be drilled at locations where not enough information is available to ascertain the cause of the gas hazard. Estimated cost is $16,000. Producing and abandoned oil wells in the area will be evaluated. Part of this evaluation will be the drilling of test or core holes at abandoned well sites for tests by the following methods: Place multiple temporary drill holes in selected well areas with high and dangerous gas levels. Attach a gas detector and make a permanent gas record during the drilling of each hole. Drill until gas is found and continue drilling until the level drops off. Take stratified gas samples and have them analyzed to determine- the concentrations of methane. Sites will be evaluated for the need for mitigation. Where necessary, design methane reduction systems. The estimated cost of this portion is $50,000, but is highly dependent upon the number of test holes necessary. As a- final measure, install collection systems and lighted or unlighted methane vents. The estimated cost of these installations is $25;000. Please note that the abatement of methane at the abandoned landfill site will not be funded by the grant funds. This site is owned by the City, and the City has secured separate funding for this project. This entire project will be totally isolated from the remainder of the mitigation program. Methane problems originating from abandoned fuel tanks and sumps will also be handled as a separate project when possible. Hazardous waste laws currently in effect assign financial and legal responsibilities for cleanup of these problems. This body of codes will be utilized whenever possible for the cleanup of underground contamination from petroleum leaks. 111. EASTERN LOW PLAIN AREA Stratigraphic layers of the 'Lastern Low Plain' area include decaying sedimentary beds from old river beds and tidal basin, and strata of sand and/or sea shells. Some of these strata are at relatively shallow depths, and are releasing significant volumes of methane. The 'Eastern Low Plain' area also lies over a section of the 'West Newport Oil Field.' This oil field has been a significant source of methane accumulations in the City of Newport Beach. The impact of projects such as 'fire flooding' in the Newport Beach section of the oil field is not fully understood, but communications with the City of Newport Beach will be maintained in order to keep current on the methane situation in that oil field. The mitigation plan for the 'Eastern Low Plain' area will consist of the following elements: All known sites of methane accumulation and/or release will be plotted on a City map. Data pertinent to each site will be evaluated. All available resources of information will be utilized in this process (records of the Southern California Gas Company, DOG, and methane studies performed in our City). Abandoned wells located at problem sites will be studied_ and their mechanical completions evaluated. The areas of methane accumula- tion that are designated as biogenic in source, but hazardous due to amounts present will be grouped together and evaluated by a test drilling program. All known 'dry hole' abandoned wells will be examined for quality and type of abandonment. On an area-by-area basis, core hole and test drilling will be performed to determine areal extent, spacial distribution, depth, stratigraphy, and potential flow rates of methane. If deemed necessary, gas samples will undergo quantitative analysis for source and entrainment of toxic or carcinogenic compounds. The estimated cost of this initial study is $25,000. The follow-up program of test drilling referenced above will be conducted. Holes will be monitored to determine depth of encounters and concentrations present. The estimated cost of this element is $50,000. This estimate is very subjective, and actual costs will be directly determined by the actual number of test holes needed. Leaking and hazardous wells will be abandoned or reabandoned as necessary. The actual costs of this element are undeterminable at this time, but funding will be pursued through avenues other than the grant funds (abandonment law, State regulations, etc.). Where deemed necessary, collection systems and lighted or unlighted methane vents will be installed. The estimated cost of this element is $25,000. -5- SUMMARY OF ESTIMATED COSTS ALGONQUIN AREA Studies and testing $12,000 Monitoring wells and equipment 28,000 Flare installation 25,000 Algonquin Total $65,000 CENTRAL AREA Landfill site (City funding) 0 Studies and testing $16,000 Monitoring wells and equipment 50,000 Flare installation 25,000 Central Total $91,000 EASTERN LOW PLAIN AREA Well abandonment and reabandonment (outside--sources.fQr funding) 0 Studies, testing monitoring wells and -equipment . .% $50,000 Methane gas vent installation 25,000 Eastern Low Plain Total $75,000 TOTAL ESTIMATED COST $231.000 8801 f -G- ANTICIPATED EFFECT Although available funds will not be adequate to fund the entire project, resources made available to us should be sufficient to mitigate the most severe hazards. Many of the problem areas are in densely populated residential neighborhoods. Planned systemic release of accumulated methane will reduce the hazard levels in a prudent and environmentally safe manner. The Manned, uncontrolled release of accumulated methane (and other gases) through natural processes could expose the citizens of our community to a high degree of danger from explosion, fire, and toxic or carcinogenic substances. EXPECTED BENEFITS Accumulations of methane in inhabited areas can present a real and present danger to the public. Our approach to anomalously high levels of methane is 'proactive' rather than 'reactive.' We plan to transfer the methane accumulations from a place where they are undesirable and potentially hazardous to a location where they are unobjectionable and can be safely dispersed. Methane accumulations have traditionally been identified only when they manifested themselves in a disastrous fire or explosion. Our program will identify these accumulations and hopefully mitigate them to a degree where these disastrous occurrences are virtually impossible. BUDGET As delineated in the 'Project Narrative,' the main focus of our 'Hazardous Methane Mitigation Plan' will be the identification, prioritization, and systemic mitigation of anomalous concentrations of methane gas. Although the total proposed budget is in excess of the total grant funds available at this time, sufficient resources should be available to identify and delineate all problem areas, and to install mitigation systems in the most hazardous locations. PRIORITY ONE Study the methane program throughout the entire City. COST BREAKDOWN Algonquin Area $12,000 Central Area 16,000 Eastern Low Plain 50,000 Priority One-Sub Total $78,000 . PRIORITY TWO Mitigation systems and flare installation. COST BREAKDOWN Eastern Low Plain $25,000 Algonquin.Area 25,000 Priority Two-Sub Total $50,000 PRIORITY THREE Implement all other elements of the mitigation program. COST BREAKDOWN Algonquin Area - monitoring wells and equipment $28,000 - mitigation system and flare installation 25,000 Central Area - monitoring wells and equipment 50,000 Priority Three-Sub Total $103,000 SUMMARY Priority One Costs $ 78,000 Priority Two Costs 50,000 Priority One & Two Sub-Total 128,000 Priority Three Costs 103,000 GRAND TOTAL $231.000 WORK STATEMENT The tasks and products which are part of the 'Methane Hazard Reduction Plan' have been itemized and described in the 'Project Description' section of this document. The work task/time relationship is detailed on the 'Project Schedule.' APPLICABLE LAWS There are two (2) separate entities enforcing laws and regulations which may affect this project; the State of California (CEQA), and the South Coast Air Quality Management District (SCAQMD). CEQA - Applicable elements of this law may be: Section 15306 - 'Information Gathering Exemption' Section 15070 - 'Negative Declaration' Section 15080 - 'Environmental Impact Report' Appendix i - 'Environmental Guidelines' SC_ AQMD - Applicable portions of this agency's regulations would be: Rules 1150.1, 1150.2, and 1150.3 - control of gaseous emissions from landfills. In addition to the regulations on landfills, there may be other regulations which limit the amount of hydrocarbons, toxics, and carcinogenic substances which may be released into the air. Until the types and quantities of these substances which will be re- leased by our mitigation plan are defined specifically, applicabil- -8- f ity cannot be determined. All systems designed for the venting of methane and other gasses, and all data on the quantities of the substances to be released, will be submitted to the SCAQM D for review and approval. RELATED ACTIVITIES In addition to the main body of the 'Methane Hazard Reduction Plan,' several related activities are taking place. The closed landfill site which the City owns has accumulations of methane and other hazardous substances. As referenced earlier, the City is funding and managing a separate mitigation program for this site. Several wells which were proven to be leaking methane have been reabandoned under the DOG 'Hazardous Well' program. One of these wells is being utilized as collection header for an aboveground methane vent system. The City is actively working with the citizens in this area to provide an acceptable mitigation system. The potential funding available from the grant funds is not adequate to cover the entire project. The Program Director will be actively pursuing alternate funding sources in order to fully fund the entire 'Methane Hazard Mitigation Plan.' The combination of land development and redevelopment currently in progress in our City is hastening the abandonment of many wells in and near the construction areas. Each of these wells (and previously abandoned wells) are studied for compliance with DOG regulations and for the degree of hazard they may present. Methane collection and venting systems are very often a requirement of the abandonment and reabandonment process. The installation of collection systems and vents in this process should diminish the chances of dangerous methane accumulations in these areas. PUBLIC COMMENTS In compliance with DOG requirements for the 'grant"process, the 'Methane Hazard Mitigation Plan' was published and made available for public comments. In addition, a public hearing on this plan was held as part of the regularly scheduled City Council meeting of November 7, 1988. No public comments were received from either of the above. DG/sr 8801f -9- 0 z G 1- ,v CITY OF HUNTINGTON BEACH s�4 CTTY COUNCIL COMMUNICATION HUNnNGTON BEACH , To Honorable Mayor and From Don MacAllister, City Council Members City Councilman Subject OIL WELLS ON PACIFIC COAST Date November 14, 1990 HIGHWAY AND 17TH STREET I would like to direct staff to prepare a report on what can be done to clean up the unabandoned oil wells and general oil trash on the property at Pacific Coast Highway and 17th Street. DM:PD/paj xc: Michael T. Uberuaga, City Administrator Mike Adams, Director of Community Development Vnnie Brockway (to be agendized for 11/19/90) y Q x c3 -i m o M co n " o a � n r • CX O l 170 - Authorized to Publish Adverusemsot$of al!k,nds including public <ao notices by Decree of the Superior Court of Orange County. California. Number A-6214, dated 29 Sepiember. 1961• and A-24831. dated 11 June. 1963. v— STATE OF CALIFORNIA � 3 County of Orange P•jbkC Not" Aoven,WV covered Dy ttws attldevtl 12 fM in ) point Mtn 10 DKe C.+tdttt I am a Citizen of the Url,ited States and a resident of off' the County aforesaid; I am over the age of eighteen �5 years, and not a party to or interested in the below PUBLIC NOTICE entitled matter. I am a principal clerk of the Orange NOTICE OF- Coast DAILY PILOT, with which is combined the PUBLIC HEARING % CODE AMENDMENT NEWS-PRESS, a newspaper of general circulation, No.asa (METHANE HAZARD REDprinted and published in the City of Costa Mesa, NOTICE IS SIOHEREBY Count of Orange, State of California, and that a GIVEN that the Huntington y g Beach City-Council-will,hold Notice of Public Hearin a public b�inatth e;Cou t- cil Chamber' at the Hunt- ington'Beach Civic_Center, 2000 Main.Street, Hunt- ington.Beach,California,on the statements of all persons who wish to be heard rela- of which copy attached hereto is a true and complete tive to the,application de- scribed below. copy, was printed and published in the Costa Mesa, DATE/TIME: Monday', June 19, 1989,7:00 PM ', Newport Beach, Huntington Beach, Fountain Valley, APPLICATION NUMBER: Code.Amendment No.89-7 Irvine, the South Coast communities and Laguna APPLICANT:City of Hunt- ington Beach Beach issues of said newspaper for 1 tirie LOCATION:City-wide . ZONE: All zoning desig- consecutive weeks to wit the issue(s) of nations • . REQUEST: Amend the Huntington Beach Municipal Code to include provisions to reduce methane hazards within the City. ENVIRONMENTAL June 9 198 9 STATUS: Categorically' ex- empt pursuant to Section 15308, Class 8 of the'Cali- fornia Environmental Quality 198 Act. COASTAL STATUS:'.Not applicable 198 ON FILE: A copy of the proposed request is in.the City Clerk's Office, 2000 Main,Street, Huntington Beach,California 92648,for 198 inspection by the public,'A Copy,rot the.staff-report will tie a vailable-01 interested parties at,City Hall or--the 198 Main City 'Library (7111 Talbert,Avenue) after June 16, 1989. ALL INTERESTED PER- SONS are invited to attend I declare, under penalty of perjury, that the said 'hearing and express opinions or submit evidence foregoing is true and correct, for or against the application as outlined above.-If there are any further questions, please call Susan Pierce,As- sociate Planner at 536-5271. Executed on J fr1 _ 9 198 9 HUNTINGTON BEACH at Costa Mesa, California. CITY COUNCIL,By:Connie Brockway, City Clerk, Phone(714)536-5404 Dated:ed Or 89 Published:Orange Coast Daily Pilot June 9, 1989f498 Signature _ PROOF OF PUBLICATION Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. California. Number A-6214, dated 29 September. 1961. and A-24831. dated I June. 1963. STATE OF CALIFORNIA County of Orange Pubix Not"AdNSMIWV cw«.d by O11s amdewa a so m I pail with 10 p1U Cokam,wdtb I am a Citizen of the LINted States and a resident of the County aforesaid; I am over the age of eighteen years,_and not a party to or interested in the below PUBLIC NOTICE entitled matter. I am a principal clerk of the Orange '4- OF;�-Y PUBLIC°HEARING - Coast DAILY PILOT, with which is combined the CODE AMENDMENT. NO.89-7 NEWS-PRESS, a newspaper of general circulation, (METHANE HAZARD printed and published in the City of Costa Mesa, NOT ICE SIOHEREBY( GIVEN.that-the Huntington) County of Orange. State of California, and that a Beach City Council will hold, c clpubllc Chambernatlnthe Hunt- ington of Public H arina Beach Civic Center; 2000 Main Street,:-Hunt- ington Beach,California,on the statements of all persons who wish to be heard rela- tiveof which copy attached hereto is a true and complete cribed belowpplication de- DATEcopy, was printed and published in the Costa Mesa, June 19,/91 9,7:00 PMMon - Newport Beach, Huntington Beach, Fountain Valley, c de A endlment No.NUMBER ON . Irvine, the South Coast communities and Laguna APPLICANT:City of Hunt- ington Beach Beach issues of said newspaper for 1- l me LOCATION:City-wide.I ZONE:" All zoning`deslg= nations consecutive weeks to wit the issue(s) of REQUEST: Amend -Title 17,Chapter,l7'.04 to include provisions to reduce meth- ane hazards.within the City. E-NVIRONMEN•TA.L- STATUS: Categorically eii- Jtn1e 8 198 empt pursuant to Section 15308, Class 8 of the Cali- fornia Environmental Quality Act. 198 COASTAL STATUS: Nbt applicable` ' ON FILE: A copy of the proposed,request is in the 198 City Clerk's' Office, 2000 Maim Street, Huntington 9each,Callfornia 92648,for Inspection by the public. AI copy.of the staff re, port will be available to Interested parties at City Hall or the; Main- City Library (71111 Talbert Avenue) after June; 198 16,1989; ALL INTERESTED PER- SONS are invited to attend said",hearing. and "express opinions or submit evidence I declare, under penalty of perjury, that the for or adainst the application as outlined above. If there foregoing is true and correct. are any.further,questions, please call Susan Pierce,As- Societe Planner at 536-5271. HUNTINGTON BEACH CITY COUNCIL,By:.C6nnle Executed on ime 8 19$ 9 Brockway, City Clerk, Phone:(714)536-5404 at Costa Mesa, California. -Dated:6i5i89 Published Orange Coast gaily Pilot June 8, 1989 Th523 Signature _0 d� PROOF OF PUBLICATION r Publish 6/8/89 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 89-7 (METHANE HAZARD REDUCTION) NOTICE IS HEREBY GIVEN THAT THE HUNTINGTON BEACH CITY COUNCIL WILL HOLD A PUBLIC HEARING IN THE COUNCIL CHAMBER AT THE HUNTINGTON BEACH CIVIC CENTER, 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA, ON THE DATE AND AT THE TIME INDICATED BELOW TO RECEIVE AND CONSIDER THE STATEMENTS OF ALL PERSONS WHO WISH TO BE HEARD RELATIVE TO THE APPLICATION DESCRIBED BELOW. DATE/TIME : Monday, June 19 , 1989 , 7 : 00 PM APPLICATION. NUMBER: Code Amendment No . 89-7 APPLICANT: City of Huntington . Beach LOCATION : City-wide ZONE: All zoning designations REOUEST: Amend a ap Ter 84 to include provisions to reduce methane hazards within the City. ENVIRONMENTAL STATUS : Categorically exempt pursuant to Section 15308 , Class 8 of the California Environmental Quality Act . COASTAL STATUS : Not applicable ON FILE : A copy of the proposed request is on file in the City Clerk ' s Office, 2000 Main Street ,. Huntington Beach, California 92648 , for inspection by the public . A copy of the staff report will be available to interested parties at City Hall or the Main City Library ( 7111 Talbert Avenue) after June 16 , 1989 . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlines above : If there are any further questions please call Susan Pierce, Associate Planner at 536-5271 . HUNTINGTON BEACH CITY COUNCIL By Connie Brockway City Clerk Phone (714) 536-5404 Dated: 6/5/89 / 7� '1 H.B . Chamber of Commerceij 2213 .Main Street #22 `(+ Huntington Beach , Calif. , Attn : Kim Barone -92648 Huntington Beach Company 2110 Main Street Huntington Beach , Ca. 92648- 2499 Attn : R.J. Work HB/FV Board of Realtors 8101 Slater Avenue Huntington Beach, Ca. 92647 Attn : " Judith Severy Golden State Mobilehome Owner ' s League 11021 Magnolia Blvd. Garden Grove , Ca. 92642 Attn : Virginia Day Building Industry Assn .-O.C. 2001 East 4th Street Santa Ana, Calif. E.T. I . Corral 100 Bonnie Wakeham 20031 Big Bend Huntington Beach, Ca. 92646 H. B. Historical Society c/o Newland House Museum 19820 Beach Boulevard Huntington Beach , Ca. 92648 + Attn : Teresa Reynolds { i 1 i l I I i Rich, In putting this on the agenda I noticed the following: The Ordinance amends 17.64 which is underground of utilities The legal notice states Title 17 - Chapter 17.04 is being amended. That is the Bui 1 di ng Code which if it i s, tie°publA c.-heari ng is held -at ,the time of second reading, and the amendments done as exceptions. I _caught .the newspaper in time and had the legal changed to "Amends the HB Municipal Code to etc; and left out reference to numbers. Will you see if the ordinance can be fixed and let me know how it can be fixed and if I need to put a corrected legal notice (such as if it amends the Planning Code because of the overlay areas). Connie 1 REQUEST FOR CITY COUNCIL ACTION Date JiinP 19 , 1989 Submitted to: Honorable Mayor and City Council Members Submitted by: Paul E. Cook, City Administrator Prepared by: Mike Adams, Director of Community De _elopment Raymond C. Picard, Fire Chief Subject: CODE AMENDMENT NO. 89-7 TO ESTABLISH METHANE ZONE AREAS WITH MINIMUM CONSTRUCTION STANDARDS Consistent with Council Policy? Mk] Yes [ ] New Policy or Exception Jes_. 3 0 a Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No . 89-7 which adds provisions to the Huntington Beach Municipal Code establishing minimum requirements for building construction within two proposed methane zone areas within the City. RECOMMENDATION• Staff recommends that City Council approve Code Amendment No . 89-7 with the following findings : FINDINGS FOR APPROVAL 1. Code Amendment No . 89-7 establishes regulations to enhance and protect the public health, safety and welfare of persons living and/or working in the City of Huntington Beach. 2 . Code Amendment No . 89-7 conforms with the goals and policies of the City of Huntington Beach General Plan, in particular, the Seismic-Safety Element . ANALYSIS: Following serious methane fires in Los Angeles and Newport Beach in 1985, Senate Bill 1458 authorized a study of potential methane hazard areas which identified seven areas in the Los Angeles - Orange County area including Huntington Beach. During 1987, a study was done identifying specific areas within the City which are a clear and present threat to public health and safety. In conjunction with the study, the state authorized the awarding of grants to eligible jurisdictions for the mitigation of methane gas hazards thru planning, equipment purchases and installation, and other measures . The City of Huntington Beach has been given preliminary approval to receive a $115, 000 grant . a To obtain final approval from the state to receive the grant, the City must complete the following : 1 . Implement an ordinance to establish a methane gas zone area(s) and require studies and mitigation for new construction within the zone areas . 2 . Revise the safety element to illustrate the methane gas hazard areas and establish mitigative policies . 3 . Prepare a methane gas hazard mitigation plan. Item No. 1 is the subject of this. Code Amendment . The attached proposed Ordinance sets forth new methane regulations for inclusion in Chapter 17 . 04 of the Municipal Code. The methane gas zone areas are described within the ordinance and shown on a reference map. The purpose of the Ordinance is to reduce the hazards presented from methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane zone areas . The most appropriate location in the Municipal Code for these provisions is within the building regulations section. The State Division of Oil and Gas has reviewed the provisions and advised staff that they meet the criteria of the Act . Presently the Fire Department is preparing a methane gas hazard mitigation plan for review and approval by the Division of Oil and Gas . The Safety Element is currently being revised as part of the General Plan update. ENVIRONMENTAL STATUS: Code Amendment No . 89-7 is categorically. exempt (Class 8) from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not Applicable. ALTERNATIVE. ACTION: 1. Deny Code Amendment No . 89-7 with findings . 2 . Continue Code Amendment No . 89-7 and direct staff to modify the Ordinance accordingly. ATTACHMENTS: 1 . Draft Ordinance 2 . Methane Zones Map 3 . Methane Gas Hazards Reduction Act MA:SP: lab RCA 6/5/89 -2- (2761d) ORDINANCE NO. D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING TITLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO ESTABLISH METHANE GAS OVERLAY ZONES SECTION 1 : Findinas and Purposes WHEREAS, in order to implement the goals and objectives of reducing the hazards within the City of Huntington Beach of methane gas ; The adoption of an enabling ordinance for these programs is in the public interest and promotes the public health, safety and general welfare . ACCORDINGLY, this ordinance establishes procedures and . standards which: 1 . Establish methane gas overlay zones . 2 . Ensure the mitigation of hazard from methane gas . ACCORDINGLY, the City Council of the City of Huntington Beach hereby amends Title 17 of the Huntington Beach Municipal Code by adding Section 17 . 64 entitled Huntington Beach Methane Gas Overlay Code. SECTION 2 : The Huntington Beach Municipal Code is hereby amended to add new Section 17 . 64 . 10 to read as follows : CHAPTER 17 . 64 17 . 64 . 10 :Methane Gas Overlay Zones . This chapter shall be known as and referred to as the Huntington Beach Methane Gas Overlay Code. 17 . 64 . 20 . Purpose . This Division sets forth the minimum requirements of the City of Huntington Beach for new building construction in the defined methane overlay districts . It is also the purpose of this. chapter to reduce the hazards presented from accumulations of methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane overlay districts . -1- 17 , 64 .30 Definitions For the purposes of this division, the following definitions shall also be applied. A. FLAMMABLE GAS shall mean any gaseous substance capable of sustaining combustion or explosion. i B. GAS DETECTION SYSTEM shall mean one or more electrical devices capable of continuous monitoring for the presence of flammable gasses. and containing an audible alarm capable of alerting occupants that a hazardous atmosphere exists . The system and all devices which are a part of the system shall be subject to building department and fire department approval . C. METHANE GAS shall mean the hydrocarbon substance commonly known as "natural gas, " chemical formula CH4 . For the purposes of definition in this chapter, natural gas from the distribution system of a utility company is exempted and excluded from the scope of application of the provisions of this chapter . D. METHANE GAS OVERLAY DISTRICT shall mean those districts within the City of Huntington Beach as defined in Section 17 . 64 .40 . E. QUALIFIED ENGINEER shall mean a civil engineer currently .registered inthe State of California and g possessing experience in the design of subsurface gas control i systems . F. VENT SYSTEM shall mean a system or device which gathers or collects flammable gasses and releases these gasses in a specified manner and location. 17 . 64 . 40 Overlay Districts . Boundaries of the zones set forth herein are measured from centerline to centerline of indicated streets unless otherwise described, and are graphically depicted by the copy of the map designated "Methane Overlay Districts , " which is on file with the Department of Development Services and the Fire Department . The Methane Zone boundaries are as follows . Note that the directions of north, south, east, west,. and similar directions are general in nature only. Zone One: Saybrook Lane south from Edinger Avenue to Davenport Drive, east on Davenport Drive to Algonquin Street, south on Algonquin Street to Warner Avenue; east on Warner Avenue to. Bolsa Chica Street, north on Bolsa Chica Street to Edinger Avenue, west on Edinger Avenue to Saybrook Lane. `1 Zone Two : All land on both sides of Pacific Coast Highway northwest from the City Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs, then following the City Boundary northeast to Edwards Street, Edwards Street north to Slater Avenue, -2- Slater Avenue east to Gothard Street, Gothard Street south to Ellis l Avenue, Ellis Avenue east to Newland Street, Newland Street south to Adams Avenue, Adams Avenue east to the City Boundary at the Santa Ana River, City Boundary south along the Santa Ana River to Pacific Coast Highway. 17 . 64 . 50 Plan Reguired. All proposed subdivisions, divisions of land, developments of property, and new buildings within the methane overlay area shall be reviewed by the Fire Department. The Fire Chief may require a plan for the testing of site soils for the presence of methane gas . Such plan shall be subject to the approval of the Fire Department, and may include, but shall not. be limited to, hammer probes, pneumatically driven probes, and core hole samples with monitoring for the presence of methane gas . The Fire Chief may require other actions as deemed necessary to insure the safety of the development or building site. 17 . 64 . 60 . Testing Required. Testing for the presence of methane gas shall be required to be carried out in accordance with the approved plan. Results of such testing shall be submitted to the Fire Department for review and analysis . 17 , 64 . 70 Mitigation Required. Anomalously high levels of methane gas in the near surface or subsurface soil layers may required mitigation before any grading, development, or building construction is allowed to take place. Such mitigation may include, but is not limited to, the venting of abandoned oil wells , underground gathering and collection systems for gasses , vent systems , and flared vent systems . Other systems, devices, or components may be required as deemed necessary by the Fire Chief in order to insure the safety of the development and buildings . If the mitigation measure do not reduce the soil concentrations of methane to an acceptable level , or if other contaminants are present in the methane at a level which poses -a threat to health and safety, further development may be halted until such time as the site is rendered safe from these hazards . 17 . 64 . 80 Isolation Barriers Required. New buildings which fall under the provisions and requirements of this article may require the installation of a continuous, flexible, permanent, and non-permeable barrier underneath all floor and foundation areas . Such barrier shall have and maintain a gas-tight seal around all penetrations in the barrier, and shall be a type approved by the Department of Development Services and the Fire Department . 17 , 64 . 90 Access . All methane gas mitigation systems required by this article shall be made accessible to city personnel. for the purposes of monitoring, maintenance, and evaluation for effectiveness . 17 , 64 . 100 Areas Outside of Established Methane Overlay l District Boundaries . Upon the determination of the Fire Department I that hazard may exist from methane intrusion at a geographical location or area outside the boundaries established in Section l 17 . 64 .40 above, the Fire Department may enforce any or all of the -3- provisions of this article as deemed necessary by the Fire Chief to preclude potential hazards from fire or explosion from methane gas accumulations . 17 , 64 , 110 Additional Remedial Measures . If the concentration of flammable gas in any building in the city reaches or exceeds twenty-five percent (25%) of the minimum concentration which forms an ignitable mixture with air at ambient temperature and pressure, the owner of such building shall hire a qualified engineer to investigate, recommend, and implement mitigating measures . Such measures shall be subject to -the approval of the Department of Development Services and the Fire Department . SECTION 3 : Severability If any section, subsection, part, subpart, paragraph, clause or phrase of this ordinance, or any revision of the ordinance is for any reason held to be invalid or unconstitutional; the remaining sections, subsections, parts, subparts, paragraphs , clauses or phrases shall not be affected, but shall remain in full force and effect . SECTION 4 This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Huntington Beach, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the test of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the -4- same. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1989 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED:\ \ < A - / City Administrator ief , ire Depar ment I l -5- ZONING INDEX MAP FDM9 10-5-11 DMII c, LEGEND 19-6-10-SECTION-TOWNSHIP-RANGE 16- -11 15- -11 14-8 11 DM 22-DISTRICT MAP 22 DM 18x D 17 DM 15 :I Methane Zones 24-5�1 19-5-11 r :-: 21- II 22- -11 2 -5-11 24- I DM 21�1`\ DM 21 I D 24 ON 25 D, 3 DMI 27 30-5-11\ 29-5-11 ti- 2N ? JJ 27- -11 2 -5-11 25- -11 /6M 35 OM34 j ♦,♦DM33 D M31 DM30 \� F -J 'n32 5`I I 33 5 I I �' 34 "? 3:;: :` :::2:i:`•: ::::'''35 :5 DM 36 i DM 37 + ;: 354O r 5-6-II - / ::. •. :•.•:::. •::::::::. D f 16 : : 9-6-11 a' '. : : :: ffi kk�: :: : :5::':.:A # :::: <';r:•.�6ci�E::::i<:: i:: 6-10 DM 10 DM 14' 17 6 10 O CITY OF -�� ''": :::..:At ......:: oM19 HUNTINGTON BEACH - ORANGE COUNTY CALIFORNIA 24-6-I•.. . # : DM 29 SOO TF0 WM W., 'LYM�NO Co�YSf�OM S[fOlUlUx CiTi COUNLiI-WgxSNC[,q.li1 1 Senate Bill No. 436 iva act "v amen" C2CiiVn 3:110.1 Of, to aa.o, )ecron 3251.5 to, and to add C4acter 7 (corn —encing with Section 3830) to Division 3 of, the Public Resources CJrie, relatLrig to oil and gas. (Approved by Qver or Septaaber 23.1987. Filed wiLi Sec:et=7 of State Sep[e hoer 23. 1987.1 LrC1SLATTVE COUNSEL'S D1C?ST SB 456, Bergeson. Oil and gas wells. (1) Under existing law, the State Oil and Gas Supervisor is authorized to order inspection or tests, abandonment, reabandonment, or other operations on hazardous and certain idle-dese=ed cil an_d gars welts, as aad to e.^e=d Funds:rom char;es levied en producers Cf eit and gas,as pre:cnbed for purposes of abating those nuisances. This bill would, with specified exceptions, include as a hazardous well for those purposes, a well which has been determined by the supervisor to pose a present danger to life, health, or natural resources and has been abandoned in accordance with the applicable requirements 13 or more years.before the date of the supervisor's determination that it poses such a danger. (2) Under e.dsting law, the supervisor is authorized to order the reabandonment of any previously abandoned well when the future construction of any structure over or in the proximity of the well could result in a hazard and the cost of the reabandonment operations is the responsibility of the owner of the property upon which the structure will be located, except that these provisions do not preclude application of the provisions relating to abatement of hazardous wells and idle-deserted wells. This bill would make the provisions relating to ha�.ardous and idle-deserted wells inapplicable to remedy any problem posing a danger to life,health,or property from a previously abandoned well where construction of any structure over or in the proximity of the well is begun after January 1,--1988, and the property owner, developer, or local*agency permitting the construction failed to obtain an opinion from the super-visor as to whether the previously abandoned well must be reabandoned. The bill would prescribe related matters. (3) Existing law requires the supervisor to conduct a study of abandoned oil and gas wells located in areas with substantial potential for accumulation of methane and other hazardous gas in. order to determine the location,the extent of methane gas and other hazardous gas accumulations, and potential hazards from the wells. This bill would authorize the Director of Conservation to award Ch. 132Z _3 grants to eligible jurisdictions, as defined, for purposes of planning, equipment purchases, installation, and other measures related to the Mitigation of methane gas hazards, as identified in the.study, subject to prescribed procedures and requirements. The bill would create theMethane Gas Hazard Reduction Act:ount in the General Fund and would transfer S500,000 to the account from the Special Account for Capital Outlay,in the General Fund. The people of the State of California do enact as follows SECTION 1. Section 3208.1 of the Public Resources Code is amended to read: 3208.1. (a) To prevent, as far as possible, damage to life, health, and property, the supervisor may order the.resbandonment of any previousiv abandoned well when the future construction of any structure over or in the proximity of the well could result in a hazard. Cost of reabandonment ocerations shall.he the responsibility of the owner of the propertf upon which the structure-,,will be located. However, if the wet was not abandoned in accordance with the reauirernents of the division in effect at the time of the abandonment and the last operator having an economic interest in or receiving any benefit from the well is still in business in this state, that operator shall be responsible. (b) This section does not preclude the application of Article 4.2 (commencing with Section 320). However, that article shall not apply to remedy any problem posing a danger to life, health, or . property from a previously abandoned well where construction of any structure over or in the proximity of the well is begun on or after January 1, 1988, and the property owner, developer, or local agency permitting the construction failed to obtain an opinion from the supervisor as to whether the previously abandoned well must be reabandoned. In those situations, responsibility for correcting problems posing a danger to life, health, or property from the previously abandoned well shall.rest with the developer or the owner of the property at the time of construction, unless that developer or owner is deceased;defunct,or no longer in business in or a resident of this state. Furthermore, Article 4.2-(commencing with Section 3250) shall not apply to remedy any problems posing danger to life, health, or property, if the supervisor finds, from evidence obtained by or made available to the supervisor, that (1) after the well was properly abandoned, development of the surface of the property on which the well is located by someone other than the operator or an affiliate of the operator of the property on which the well is located Iikely disturbed the integrity of the abandonment, and (2) the supervisor can identify the party or parties responsible for disturbing the integrity of the abandonment. SEC. 2. Section 3251.5 is added to the Public Resources Code, to read: -3— Ch. n2° 3251.5. (a) NoL%vithstanding Section 3251,a well shall be deemed a hazardous well if it has been determined by the supervisor to pose a present danger to life, health, or natural resources and has been abandoned in accordance with cite require ne::ts of the division in e.;ect at the time of the abandonment 15 or more years before the date of the supervisor's determination that it'poses such a danger. (b) Reaba*idarment initiated by the supervisor shall not be affected by the timeline established in this section. SEC. 3. Chapter 7 (commencing with Section 3830) is added to Division 3 of the Public Resources.Code, to read. C_--i_urns 7. 'N1T:-LN, GAs 1LAz.Aans R_i)u=o,r Article 1. General Provisions 3850. This chapter shall be known and may be cited as the Methane Gas Hazards Reduction Act 3851. The *Legislature finds and declares that methane gas hazards,as identLfied in the study conducted pursuant to Chapter 4.1 (commencing with Section 3240) of Chapter 1, are a clear and present threat to public health and safety. 3852 The Legislature further finds and declares that, due to the cost and complexity of methane hazard mitigations,property owners and local governments are often unable to mitigate these hazards. 3853. The Legislature further finds and declares, therefore, that it is essential that the state, in cooperation with local governments, provide funds to mitigate many of the state's methane gas hazards. Article 2 Definitions 3855. As used in this chapter. (a) "Methane. gas ..hazards'.-means collections..of biogenic or thermogeriic gases identified as--hazards in the study conducted by the supervisor pursuant to Article 4.1 (commencing with Section Ua. V/ va L.uapta 1. . . (b) "Eligible jurisdictions"means counties and cities identified as having methane gas hazards in the study conducted by the supervisor pursuant to Article 4.1 (commencing with Section 3240) of Chapter 1. Article 3. Methane Gas Hazards Reduction Assistance 3860. The director may award grants to eligible jurisdictions for purposes. of planning, equipment purchases, installation, and other measures related to the mitigation of methane gas hazards. Ongoing maintenance and monitoring activities shall not be financed by grants pursuant to this chapter. 3861. Prior to receiving grants under this chapter, each eligible � I Ch. 132_^. 4—' jurisdiction shall submit a report to the director describing ho%v the funds are to be expended. Before submitting the report,each eligible jurisdiction shall provide opportunities for the public to review and comment on the report,and shall hold at least one public hearing on the report. - 386?. Prior to receiving any grants pursuant to this chapter, an eligible jurisdiction shall do all of the following: (a) Implement a zoning ordinance for areas containing inethane gas hazards that establishes a methane gas hazard overlay and provides mandatory studies and mitigations for new construction within the overlay zones. (b) Revise the safety element of the city or county general plan to illustrate the methane gas hazard areas and establish mitigative policies. (c) Prepare a .methhane gas hazard mitigation plan, which provides strategies and mitigations for reducing.existing methane gas hazards and for avoiding further hazards due to new construction.The plans shall be consistent with the grant report, the zoning ordinance, and the general plan safety. element. 3863. The department shall adopt rules and regulations implementing the grant program authorized by this chanter. Article 4. Methane Gas Hazard Reduction Account 3865. The Methane Gas Hazard Reduction Account in the General Fund is hereby created.The moneys in the account shall be available for purposes of this chapter upon appropriation therefor by the Legislature. SEC. 4. The sum of five hundred thousand dollars ($500,000) is hereby transferred from the Special Account for Capital Outlay in the General Fund to the Methane Gas Hazard Reduction Account CALIFORNIA CODE OF REGULATIONS TITLE 14 DIVISION 2 Chapter 4 Adopt Subchapter 2.1 of Chapter 4 to read as follows: SUBCHAPTER 2.1. METHANE GAS HAZARDS REDUCTION ASSISTANCE 1790. Purpose This article specifies the criteria and procedures to be followed by the Department of Conservation. in administering the Methane Gas Hazards Reduction Program for Eligible Jurisdictions under Section 3860 of the Public Resources Code. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3860, Public Resources Code. 1791. Definitions a. 'CEQA' means the California Environmental Quality Act. b. 'Department' in reference to the government of this State, means the Department of Conservation in the Resources Agency. C. 'Director' means the Director of Conservation. d. 'Eligible Activity' means any one of the four purposes listed in Section 3860 of the Public Resources Code. e. 'Eligible Jurisdiction' per Section 3855(b) of the Public Resources Code means counties and cities identified as having methane gas hazards in the study conducted. by the State Oil and Gas Supervisor pursuant to Article 4.1 commencing with Section 3240 of the Public Resources Code. f. 'Final Application' means the application that is filed after all requirements in Section 179.6 of the California Code of Regulations have been met. This application will be used to release the grant award. g. 'Notice of Intent to File' means a brief project description and an estimate of the anticipated project expenditures to be covered by a grant award. This notice will be used by the Director to determine the number of. jurisdictions that plan to request a grant award and the equitable amount of grant monies that ultimately may be applied for by each eligible jurisdiction. h. 'Methane Gas Hazards' per Section 3855(a) of the Public Resources Code means collections of biogenic or thermogenic gases identified as hazards in the study conducted by the State Oil and Gas Supervisor pursuant to Article 4.1 (commencing with Section 3240 of the Public Resources Code) . -2- i. 'Mitigation Project' is an eligible activity that identifies the potential adverse-impact of accumulations of methane gas and implements measures to reduce or eliminate those impacts. j: 'Preapplication' means a report that contains a detailed project preapplication as described in Section 1793(e) . This preapplication will be used by the Director to evaluate project proposals and the amount of monies that will be granted in the award(s) . NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Sections 3240, 3855, 3860, and 3865, Public Resources Code. 1792. Amount of Financial Assistance Available a. The Department shall distribute approximately three hundred and fifty thousand dollars (�350,000) in the 1988-89 fiscal year as grant awards for planning, equipment purchases, installation, and other measures related to the mitigation of methane gas hazards. Ongoing maintenance and monitoring activities of eligible jurisdictions shall not be financed by grants pursuant to Section 3860 of the Public Resources Code. b. The amount of the initial grant monies available for each eligible jurisdiction shall be determined by the Director, following a review of the notices of intent to file grant applications. After reviewing the notices, each jurisdiction will be notified by the Director of the approximate amount available for their proposed activity. C. Any funds distributed after the initial award shall be based upon the availability of remaining funds and a demonstration of the need for additional funds to .augment .an initial award, or to begin a new activity. NOTE: Authority cited Section 3863, Public Resources Code. Reference: Section 3860, Public Resources Code. 1793. Application and Award Procedures a. A notice of intent to file an application shall be submitted to the Director no later than 30 days after a jurisdiction is notified by__� the Department that they are an Eligible Jurisdiction. The notice of intent to file should include a brief project description and an estimate of the anticipated expenditures to be covered by a grant award. b. Per Section 3861 of the Public Resources Code, eligible jurisdictions must provide opportunity for public review and comment, and shall hold at least one public hearing in regard to how the funds are to be expended. The hearing shall be held within 90 days after a jurisdiction is notified that they are an eligible jurisdiction. -3. c. Eligible jurisdictions shall submit a preapplication to the Director within-30 days after the public hearing. The preapplication shall provide information indicated in Section 1793(e). and a description of. how the grant award is to be expended. Also, the jurisdiction shall submit a copy of any public comments received regarding the preapplication and the .jurisdiction's response to the public comments. d. The decision to award grants for the purposes set forth in Section 3860 of the Public Resources Code will be based upon information included in the preapplication. However, prior to receiving grant _ money for any expenditures from the Department, the conditions of Sections 3861 and 3862 of the Public Resources Code must be completed. Evidence of the completion must be included in the final grant application. e. The preapplication shall include: (1) Name, mailing address, and phone numbers of the project director, the budget officer, and the project manager. (2) A detailed project narrative that includes: (A) A detailed project description, including the problem to be solved and an explanation of how the funds are to be used to solve or mitigate the problem. (B) The anticipated effect of the project on mitigating the methane gas hazard in the area. (C) The expected benefits to the jurisdiction. (D) Budget (including other funding sources investigated or secured for the project) . The budget should include estimates for direct and indirect expenses. (E) A work statement describing tasks and products. (F) A project schedule to present the relationship between work tasks and the amount of time required for the work to be completed. (G) An identification of applicable laws and regulations, including CEQA, that may affect the project. (H) Related activities undertaken, if any. . ( I) Any other information that may be relevant. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Sections 3861, 3862, and 3863, Public Resources Code. -4— 1794'. Preapplication Criteria - The following criteria will be considered in evaluating grant applications: a. Urgency of need. b. Consistency with the purposes and allowable activities. c. Cost effectiveness. d. Extent to which the requested grant amount is used to leverage other funding sources. e. Availability of alternative sources of funding. f. Likelihood that the project objectives will be achieved. g. Evidence of compliance with CEQA and other applicable laws and regulations. h. Other overriding factors not reflected in the above criteria. NOTE: Authority cited: Section 3863, Public Reources Code. Reference: Section 3863, Public Resources Code. 1795. Preapplication Review a. The staff of the Department of Conservation shall review preapplications within 60 days of receipt of a complete preapplication. The Department shall provide written comments addressing the adequacy of the submitted information. The preapplication shall be deemed complete when the preapplication is considered by the Department to be adequate for evaluation purposes. b. An applicant may request a meeting to discuss staff comments concerning the staff review. c. Notification of grant awards or denials will be made following completion of staff review by the Director of, the Department of Conservation. Even though a .jurisdiction is notified that they will receive a grant, payment of the grant monies cannot be made until all conditions of the Methane Gas Hazards Reduction Act have been fulfilled to the satisfaction of the Director and the final application has been filed with the Department. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Sections 3861 and 3863, Public Resources Code. -5- 1796. Final Application Requirements The final application shall include: a. Evidence that the items required by Subsections (a) , (b) , and (c) of Section 3862 have been completed. b. A resolution or notification from the eligible jurisdiction's, governing body authorizing the request for the grant award. c: Evidence of compliance with CEQA requirements, if needed. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code. 1797. Fiscal Requirements for Grants a. The grantee shall establish a separate ledger account for expenditures that will be paid or are expected to be paid by grant funds. This will provide separate accountability for grant activities, ensure that expenditures to be paid by grant funds are not commingled with other funds, and feature accounting records that are supported by source documents. b. Financial reports to the Department shall be submitted on a semi-annual basis. NOTE: Authority cited: Section 3863, Public Resources Code. Reference: Section 3863, Public Resources Code. 1798. General Information a. All correspondence, notices of public hearings, notices of intent, preapplications, final applications, and financial reports shall be submitted to the Department 'of Conservation in Sacramento and to the Division of Oil and Gas in Long Beach. The addresses will be provided when a jurisdiction is notified of their eligibility to receive a grant award. b. Extensions of time periods indicated in this subchapter may be granted upon the showing of good cause. NOTE: Authority cited: Section 3863, public Resources Code. Reference: Section 3863, Public Resources Code. (1187A/0075A) Publish 6/8/89 //06� NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 89-7 (METHANE HAZARD REDUCTION) NOTICE IS HEREBY GIVEN THAT THE HUNTINGTON BEACH CITY COUNCIL WILL HOLD A PUBLIC HEARING IN THE COUNCIL CHAMBER AT THE HUNTINGTON BEACH CIVIC CENTER, 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA, ON THE DATE AND AT THE TIME INDICATED BELOW TO RECEIVE AND CONSIDER THE STATEMENTS OF ALL PERSONS WHO WISH TO BE HEARD RELATIVE TO THE APPLICATION DESCRIBED BELOW. DATE/TIME: Monday, June 19 , 1989 , 7 : 00 PM APPLICATION NUMBER: Code Amendment No . 89-7 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: All zoning designations ' REQUEST: Amend T' �111to. include provisions to reduce methane hazards within the City. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15308, Class 8 of the California Environmental Quality Act . COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 16, 1989 . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlines above. If there are any further questions please call Susan Pierce, Associate Planner at 536-5271 . HUNTINGTON BEACH CITY COUNCIL By: Connie Brockway City Clerk Phone (714) 536-5404 Dated: 6/5/89 t � A low Rich, In putting this on the agenda I noticed the following: The Ordinance amends 17.64 which is underground of utilities The legal notice states Title 17 - Chapter 17.04 is being amended. That i.s the Building Code which if it is, the public hearing is held at -the time of sec on�c reading, and .the amendments done as exceptions. I caught the newspaper in time and had the legal changed to "Amends the HB Municipal Code to etc; and left out reference to numbers. Will you see if the ordinance can be fixed and let me know how it can be fixed and if I need to put a corrected legal notice (such as if it amends the Planning Code because of the overlay areas). Connie Po 1TO. gb ZONING INDEX MAP 9-5-II 10 5-II DM 9 DM II LEGEND 16- -II 15-�-II 14-�I 19-6-10•SECTION-TOWNSHIP-RANGE 1 DM 22-DISTRICT MAP 22 DM 18 DI 17 DM 15 P_ �s 7 I� 24-5-12 19-5-II _ ;: 21- -11 22-5-11 2 -5-II 24- I DM Lo\ DM 21 I >::3 DM24 DIV 25 ; DM 27 30-5-II «..1 29-5-11 ` 2 `§i1,1 27- -11 2 -5-11 25- -11 AM 35\ 1 DM 34 ��DM33 - D :: M 31 DM 30 i J �. l �n325`11 33-5-11 �'` 34 '' :: :' ' '' 5-I1 36-5-II T1 DM 36 DM 37 1 i'-- :•: ::::: � �� �: D M 4 D 6 DM 9 6-11 DM 10 i:i: :::. .... ........ . D I '= -6-10 00 CITY OF F� 3 ""': `` ` ':' DM19 ti HUNTINGTON BEACH - ORANGE COUNTY CALIFORNIA 24-6-I ; .. DM 29 ADWT a MWH W,o PLwnNO WYYI!lIOM![lOLUTgN O�lY COONGL-ONpwNt!N0.lN METHANE OVERLAY DISTRICTS I , REQUEST FOR CITY COUNCIL ACTION Date March 20, 1991 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administraf& �Z- L, 9/ Prepared by: Michael P. Dolder, Fire Chief ---- .. FUNDING REQUEST FOR CONSOLIDATION CONSULT �r cI'�Y c ;RK Subject: @ Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ttL STATEMENT OF ISSUE: The Oil Code Review Committee, established by the City Council, identified a need for the City to establish parcels which could be set aside or zoned for future oil well consolidation sites. A geological assessment is needed to determine and identify appropriate sites. RECOMMENDATION: Appropriate $40,000 and direct the Fire Department to utilize the City's petroleum engineering consultant to study our oil producing fields to identify sites appropriate for oil consolidation facilities. ANALYSIS: The Huntington Beach Oil Code Committee addressed the need for consolidation and unitization of the City's oil fields. This Committee stated that the City has an obligation to preserve designated sites for future access to underground oil reserves. Due to the need for housing within our City, the amount of land available for oil extraction has steadily declined over the past several years. The City oil fields have produced only 15 to 20 percent of the oil reservoir. When secondary production techniques are used, an additional 10 to 30 percent of the oil can be recovered. Protecting access and having the option to apply future extraction technologies may be crucial for the continuation of a very valuable revenue source. Over the twenty (20) year life of the Angus consolidation project, the City will realize funds in excess of $2,000,000 for the oil tax alone. FUNDING SOURCE: unappropriated unds from the General Fund Account #G-AA-3-01-01 in the amount of $40,000. ALTERNATIVE: Do not appropriate the funds, which would reject the proposal to attain the services of the consultant and leave site identification to private industry. Current emphasis of the private sector is in the development of land over the oil reserves. The use of private sector to secure these sites may not meet the needs, nor be in the best interest of the City. Long range goals for the preservation of these oil consolidation sites will best be met by a City directed contractor. ATTACHMENTS: Financial Impact Statement. l MTU/MPD/JV/RG/sr 1 1045f C! PIO 5/85 i lm CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To MICHAEL T. UBERUAGA From ROBERT J. FRANZ City Administrator Deputy City Administrator Subject REQUEST FOR FUNDING TO Date MARCH 21 , 1991 PROVIDE GEOLOGICAL ASSESSMENT OF POTENTIAL OIL SITES, FIS 91-07 As required under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed utilization of petroleum engineering consultant services for purposes of studying the City' s oil producing fields and identifying sites appropriate for oil consolidation facilities. Anticipations are that an appropriation of $40,000 would be adequate for this project. i Upon approval of the City Council , the balance of the City' s undesignated, unreserved General Fund would be reduced to $1 ,0 5,000. I r OB RT FRANZ Deputy City Administrato i i RJF:skd 1 i WPADSERT:219 0, 440 REQUEST FOR CITY COUNCIL ACTION Date March 20, 1991 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City APASE/INSTALL str � l 19.E Prepared by: Michael P. Dolder, Fire Chie ITY Cl ERK Subject: APPROPRIATION TO PURC BURNER TO DISPOSE OF GAS Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Chevron Oil Company has served the City with a Notice of Intent to stop processing gas (methane), which is produced by the three (3) Civic Center oil wells, on July 1, 1991. The gas must be burned on-site and funds are needed to purchase and install a device for this purpose. RECOMMENDATION: Appropriate $60,000 for the purchase and installation of a burner device to dispose of gas produced by the Civic Center oil wells. ANALYSIS: In June of 1990, Chevron USA served notice upon the City that they would terminate all agreements to process gas at their Huntington Beach gas plant on September 30, 1990. Since that time, a team of City personnel and independent oil producers have been in negotiations with Chevron as well as exploring alternate means of marketing or disposing of produced gas. Final notice has been given by Chevron to stop accepting gas on July 1, 1991. The three (3) City oil wells produce approximately sixty (60) barrels of oil per day and sixty- one thousand (61,000) standard cubic feet of gas are produced as a by-product. Income to the City from the oil is approximately $300,000 annually and this has the potential of increasing to $1 million plus as the Angus project begins secondary recovery. The City has realized around $20,000 per year from natural gas sales. Negotiations with Chevron and Shell Oil companies to process our gas have not produced encouraging results. Chevron would like to give the City their pipe network, which is currently carrying the gas. By assuming this network, the City must also take on the liability for a decaying system and the considerable future costs for removal and abandonment. Shell Oil has set standards for the quality and delivery pressures for the gas which are exceedingly high and difficult to attain. The City must be in a position of having a reliable method of disposing of its gas. If the gas cannot be disposed of, the oil wells must be shut down resulting in the loss of considerable revenues. The gas produced appears to be too little for an effective co-generation project for electricity. However, the heat produced by burning the gas has potential for heating water or air conditioning operations. Also, negotiations with oil companies should continue for marketing the gas. Plo 5/85 Request for City Council Action March 20, 1991 Page 2 FUNDING SOURCE: Unappropriated unds from the General Fund (G-AA-3-01-01) in the amount of $60,000. ALTERNATIVE: Do not appropriate the funds and 1) assume responsibility for existing pipeline; 2) install new pipeline and attempt to meet Shell Oil requirements; 3) shut down Civic Center oil wells July 1, 1991. ATTACHMENTS: Financial Impact Statement. MTU/MPD/JV/RG/sr 1045f i H CITY OF HUNTINGTON BEACH I INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To MICHAEL. T. UBERUAGA From ROBERT J. FRANZ I City Administrator Deputy City Administrator Subject REQUEST FOR FUNDING TO Date MARCH 21 , 1991 ACQUIRE AND INSTALL BURNER TO DISPOSE OF GAS, FIS 91-08 I As required under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed purchase and installation .of a burner device to dispose of gas produced by the Civic Center oil wells. ' Anticipations are that an appropriation of $60,000 would be adequate for this purpose. Upon approval of. the City Council , the balance of the City' s undesignated, unreserved General Fund would be reduced to $1 ,005, 0. l i R&Ekf J. FRANZ Deputy City Administrator i RJF:skd i I i i I I l WPADSERT:219 Authorized to Publish Advertisements of all kinds including public notices by Decree of the�Superior Court of Orange '- County California, Number A-6214, September 29, 1961, and 'A-24831 June 11,1963. STATE OF CALIFORNIA County of Orange , _ k 1 am a Citizen of the United States and a resident of the County.aforesaid; I am over the k age of eighteen years, and not a party to or 611 � interested in the below entitled matter. I am a . (*9_� 3—S= 5o principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, YzTJ County of Orange,.State of California, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: February 23, 1990 _. PUBLIC NOTICE ENVIRONMENTAL STATUS: Negative Declar- NOTICE OF ation No.90-1. PUBLIC HEARING COASTAL'STATUS: Foi- CODE AMENDMENT lowing City Council Ap- \\ No'90-1 proval, Code Amendment ENVIRONMENTAL No.90-1 will be forwarded to ASSESSMENT the California Coastal Com- NO.90-1 mission for approval and in- NOTICE IS HEREBY corporation into the City's GIVEN that the'Huntington Local Coastal Program. Beach City Council will hold ON FILE: A copy of the \l a public hearing in the Coun proposed request is on file in ciI Chamber at the Hunt the Community Develop- ington Beach Civic Center, ment Department, 2000 2000 Main Street, Hunt- Main Street, Huntington ington Beach,California,on ,Beach,California 92648,for the date and at the time in- inspection by the public. A dicated below to receive and !copy of the staff report will consider the statements of ,be available to interested all persons who wish to be 'parties at City Hall or the heard relative to the appli- Main City Library (7111 cation described below. Talbert Avenue)after March DATE/TIME: Monday, 2, 1990. 1 declare, under penalty of perjury, that the March 5, 1990,7:00 PM ALL INTERESTED PER- APPLICATION Y P er1 rY APPLICATION NUMBER: SONS are invited to attend is true and correct. Code Amendment No., !aid public hearing and ex- foregoing 9 0-1/Environmental press opinions or submit Assessment No.90-1 evidence for or against the APPLICANT:City of Hunt- application as outlined Executed on February 23 1 gg� ington Beach above. there are any r LOCATION:City-wide. further questions estions please call ZONE:All zones Jim McKay, Deputy Fire at Costa Mesa, California. REQUEST: Major re- Marshal,at 536-5411. visions to Title 15,'((Buu_nt- Connie Brockway, City ington Beach Oil Cow in- Clerk, City of Huntington e cluding appointment of Beach ._ ,members to subsidence Published Orange Coast Icommittee, change of defi- Daily Pilot February 23,1990 Signature nitions, inspections, bonds,I _ F194 It - insurance, storage limi- ations, screening, emerg- .' ency access, production standards and other techni- caLrevisons.____ - U� PROOF OF PUBLICATION REQUEST FOR CITY COUNCIL ACTION Date February 12, 1990 Submitted to: Honorable Mayor and City Council�i / ��S�qp Submitted by: Paul E. Cook, City Administrator -Lr- Prepared by: Raymond C. Picard, Fire Chief Subject: PROPOSED REVISIONS TO THE HUNTINGTON BEACH OIL CODE CODE AMENDMENT NO. 90-1 AND ENVIRONMENTAL ASSESSMENT NO. 90-1 Consistent with Council Policy? ] Yes [ ] New Policy or Exception ( 4y 3 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ' STATEMENT OF ISSUE: Title 15 of the Huntington Beach Municipal Code regulates all commercial crude oil and natural gas operations in the City and is referred to as the Oil Code. This body of codes has not undergone major revision since 1984. Primary crude oil production in the Huntington Beach fields is waning, and the interface between urban development and the oil and gas properties is rapidly increasing. Additionally, many oil properties are now being converted into residential and commercial developments. The Oil Code in its present form does not adequately address the problems encountered in the dynamic process of crude--oil -recovery operations and the development of oil properties and the properties adjacent to them. A special study session and public hearing was conducted by the Planning Commission and they recommend passage of the Oil Code. RECOMMENDATION: Approve Code Amendment No. 90-1 and Environmental Assessment No. 90-1. ANALYSIS: Since May 3, 1989, the Oil Committee has been meeting twice monthly to evaluate and recommend changes to the existing Oil Code. This committee represents a cross-section of interests from the City-and the oil industry, and the meeting format provided for participation by the public and all other interested parties. Each and every section of the existing Oil Code was examined for adequacy in meeting current needs. This process has culminated in the formulation of a revised Oil Code which would greatly enhance the City's ability to regulate current and future oil operations, and to provide for the safe and organized transformation of oil sites into residential and commercial developments. FUNDING SOURCE: None required. ALTERNATIVE: 1. Retain the existing Oil Code and do not adopt the recommended revisions. 2. Modify the revisions recommended by the Oil Committee and adopt the resulting modified Oil Code. ATTACHMENTS: 1. Outline of significant revisions. 2. Summary of all modifications made to the existing Oil Code. 3. Recommended revised Oil Code. 4. City Specification No. 422, Oil Well Abandonment Permit Process. 5. Planning Commission Resolution No. 1426. -6. Environmental Assessment No. 90-1. RCP/DG/sr J J 47AT g a R 1D R O ZD1ICT d T I0 m' t7 O. ;.a ro1®.zm produoiaor 2292 LONG BEACH BOULEVARD LONG BEACH , CALIFORNIA 90806 424- 1069 February 20, 1990 Honorable Members of the City Council of Huntington Beach Wes Bannister John Erskine Peter Green Don Macallister Tom Mays Jim Silva Grace Winchell Dear Council-person, I have recently consulted. with two insurance brokers, who write policies for oil producers, concerning the practical effect of the insurance section contained in the proposed oil code, namely, Section 15.16.010. I enclose a letter from one of the said brokers, Dick Van Duzer, wherein he states his negative views concerning .the probability of obtaining insurance policies to cover the requirements promul- gated by said Section 15.16.010. The other broker, Mr. Steve Berg-Hansen of Petroleum Insurance Brokers, who has insured a number of members of e i ornla Ind pendent Producers Association, has stated to me, overt _pFOHemeter receiving a.copy of the proposed section, the same views contained in' Mr. Van Duzer's letter. (I sent copies of said Section 15.1_6.010 to both brokers to eliminate any chance of their misunderstanding the language.) I respectfully request that you do not give a final reading to the proposed oil code until Section 15.16.010 is re-drafted in a manner enabling insurance companies to issue policies pursuant to it. If I can be of assistance in helping to re-draft said section, please feel free to call an me. SinM Charles E. Cather, :.or Cather Production Co. CEC:pe Encloser 0 r c.a W 7n 11•70 YP11 1JU4r-K lriMJK P.Z T RICMARD D. VAN pUL6R, III, CPCU February 5, 1990 Mr. Oharles E. Oather 2292 Long Beach Boulevard, Long Bsaoh, California 90806 i Dear Mr. Cather: We received your letter of February lot regarding the proposed ordnance of the City of Huntington Beach. If I properly understand the proposal, it might be a praotical Impossibility to obtain such insurance at the prevent time. As you know, the "normal" oil industry liability insurance policies provide pollution insurance for sudden sad aooidestal release of pollutants. It would seem to this writer that no responsible insurance carrier would give a blank check in the amount of $100,000 to Olean up pollution which may have existed for the past many years. If the city could redraft the ordnance so as to require coverage for a "sudden and accidental" release, there should be no insurance problem. Very t y o re DICK `TAN DUZER ASSUCIA'TES,INC. INSURANCE BROKERS lift# SAN VICANTS IOULIVARO LOS ANCIILIS CALIFORNIA 90049 TLLIPNON11 416-6861 15. 16.010--15. 16.040 ry.. Chapter 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 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 damge to public health. The- policy shall provide for a thirty (30) 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 one hundred thousand dollars ($100, 000) per operator, or greater as specified by the City of Huntington Beach. r - 440 - C3AW3EX30NIL 3EDRO301U43TION Q40. olausaa prodnoia� 2292 LONG BEACH BOULEVARD LONG BEACH , CALIFORNIA 90806 424- 1069 February 27, 1990 Honorable Members of the City Council of Huntington Beach files Bannister John Erskine Peter Green Don Macallister Tom Mays Jim Silva Grace Winchell Dear Council-person, To correct my code citation, I am submitting to you, directly, the enclosed letter, copies of which I asked Dennis Groat, several weeks ago, to distribute to you. I also want to comment on some other aspects of the proposed code. The word "inspection", I submit, should be inserted between the word, "annual" and the word "permit" in Section 15.1.2.030. The original drilling permits recognized that extraction of oil and gas is a vested property right, subject only to reasonably implemented police powers of valid governing authority. Without said insertion the section would seen to imply that there is an attempt to condemn without compensation said vested right and replace it with a year to year permit, at the pleasure of the city. I grant you that if an oil operator is required to accept such a permit in order to be ap- proved by the City and, thereby continue peaceful operation, he would do so under duress and, accordingly, implied protest, which would, I believe, defeat an implied waiver of his property rights resulting from his acceptance. Moreover, in the context of "waiver of his property rights" the oil operator should also be protected by Article I, Section 10, of the Constitution of the United States. However, all this complication can be avoided by said insertion of the word "inspection". Other proposed Code Sections, on which I want to present argu>anents, .follow; Section 15.12.160 and 15.12,180 The elimination of written notice by the Fire Chief, together Huntington Beach City Council February 27, 1990 Page 2 of 3 with the elimination of the Oil Code's Appeal process, is an unprecedented denial of due process within the City's goverrnrental system. Section 15.20.400 Relevant sections of Chapter 8.40 of the Huntington Beach Municipal Code should be included in this new section of the Oil Code to inform the oil operator. Section 15.22 Manual watering has proved to be successful. As compared to automatic systems, it is also better controlled, more trouble free, more economical and more free of flooding and excess use of water because of malfunction. This issue was thoroughly discussed as far back as 1975, by the Oil C n ittee and it was detercrdned not to require automatic systems. Otherwise the section is good. Section 15.32.050 The provisions of Section 15.32.040 and chanter 15.40 should be retained for reasons stated in my letter of September 29, 1989, enclosed herein. Section 15.32.035 Retain the 20 barrel requirement in the present code. The other parts of this proposed section could be worked into the present Section 15.32.040. Section 15.32.100 The relevant parts of Huntington Beach City Specification JY+22 should be contained in this section to inform the oil operator. Section 15. 32.085 More time should be given as needed for extenuating circumstances. Section 32.120 New construction should have to be located the same distance away from a well as a new well to be drilled has to be located from any existing building. This is equitable_ a_nd gives better protection to all concerned parties. Modifications To Oil Code Section 15.12.030 Change the language to: "By accepting such inspection permit, the applicant understands and agrees that the Fire Department is granted the right of entry to Huntington Beach City Council February 27, 1990 Page 3 of 3 conduct routine inspections on the property and to abate hazardous and emergency conditions." The Oil Operator has a vested right to extract the oil and possess the surface of the property. The Fire Department does not have the right of possession and, therefore, cannot "reserve", legally, the right of entry. However, the Oil Operator can grant the Fire Department the right of entry. Section 15.32.085 Under Article I Section 10 of the Constitution of the United States, the City has no right to impair the obligations of Contracts by ordering an abandonment that is not called for in the lease. If the declaration of idleness was occasioned by the well not producing above a specified amount, and if the lease were still valid at this amount, then the designation of idleness is invalid under the Constitution and hence, the abandonment order resulting from the idle designation is also invalid. If a well is forced to cease production because of an idle well designation occasioned by low production and the operator suffers damages because of this, .then, I believe, the City and the City employees whose actions have- played a part-Li causing this to happen would be liable for that damage. Nor can property, of course.be. condemned-without just compensation. A forced abandonment by a government for the overt reason of public welfare because of a well not producing a .specified amount is tantamount to a condemnation. Thank you for giving me the opportunity to make these arguments. I hope they may be of some help to you to retain in the Oil Code reasonable protection against destruction of property rights long vested in oil operators. These rights were acquired by large expenditures of money, time, and careers in many cases. Oil operators should'nt have to suffer the burden of litigation to protect them. Since ly, CEC:pe Charles E. Cather enclosures for Cather Production Co, t7gT$3u3Et 1r3EtO3out7T=O3%r DO. . psbroi�iam prodaoias 2292 LONG BEACH BOULEVARD LONG BEACH , CALIFORNIA 90806 424- 1069 September 29, 1989 Huntington Beach Oil Conmittee R E C E 9 V .E D City of Huntington Beach 2000 Main Street 0 I 02 1989 Huntington Beach, CA 92684 Attention: W. Tan Mays FIRE DEPARTMENT Mr. Dennis Groat Gentlemen: Within the last week, it has been called to my attention that certain changes in the Oil Code are being determined. I regret that I was not aware of this sooner. Not having had the opportunity to read the .entire draft of the pro- posed changes, I am presently prepared to co mlent on only one aspect of the proposed changes, namely., the .minimum production that the City assigns, below which a well will be called "idle." I request that you do not alter this section of the Code for the foll- owing reasons: 1. ASSEMBLY -CONCURRENT RESOLUTION The California State Assenbly has asked the local governments not to cause "abandonment" of wells during the price depression that continues to plague the industry, in Assembly Concurrent Resolution 139, a copy of ich I enclose. I submit that the word, "abandonment", in said Resolution, is not used in the technical sense, but rather to define those acts of local governments that lead to abandonment, in this case, declaring a well "idle." This interpretation is supported by the language contained on the second page of said Resolution. 2. CONSTITUTION OF THE UNITED STATES, Article I, Section 10 I have enclosed a copy of Section 10 of Article I of the Constitution of The United States, which declares that "no State shall pass any law im- pairing the obligation of contracts." The probable argument that will be used to support a violation of said Article 10 is that a government's in- herent police power is overriding. I submit, however, that the need to em- ploy the police power is not, in the case of a non-producing well, of suf- ficient urgency to overcome the force of said section 10 to prohibit the impairment of a contract between a lessor and a lessee. In point of fact, an idle well is patently safer than a producing one, since there is no moav- ing machinery, so that there is no ,justification for exercising the police power. It would, therefore, seem that any requirement for a miniuLn pro- r Huntington Beach Oil Committee September 29, 1989 Page Two duction from a well is, and has been, invalid under said Section 10 where the habendun clause of the lease states that the term shall be for so long as oil or gas is produced from the leased premises. A fortiori, an increase from the present twenty (20) barrels per quarter to ninety(90) barrels per quarter is excessive. I respectfully request that the present jyrodue4ng- requirements con- tained in SectionTI5732.-044 .not be made more severe. 15,32.010 4h 7i5.32.130 Please distribute copies of this communication appropriately, as I do nothave a roster of the Committee. Since ly, CEC:cc Charles E. Cather encl. for Cather Production Co. / I CAUFORNIA LECIsLATURE--IM-0 REGULAR =WON i +� Assembly Concurrent Resolution No. 139 Introduced by Assembly Member Rogers April 17, 1986 Assembly Concurrent Resolution No. 139—Relative to oil well abandonment. LECISLA77VE COUNSELS DIGEST ACR 139, as introduced, Rogers. Oil well abandonment. This measure would urge local governments to refrain from requiring the abandonment of oil wells which have been shut down due to depressed oil prices unless it can be further established that no future oil production.will be lost. The measure would also urge local governments to suspend abandonment requirements of shut down wells until that time when oil prices reach a level where production of these wells again becomes economicaUy feasible. Fiscal committee: no. 1 WHEREAS, A "stripper well" is an oil weU which has 2 already produced the bulk of its existing oil deposit; and 3 WHEREAS, 50 percent or 25,000 of the 50,000 4 producing oil wells in California are stripper wells-that 5 produce less the n 10 barrels of oil per day; and 6 WHEREAS, Most of the stripper wells produce heavy 7 crude oil that is difficult and expensive to bring to the 8 surface; and 9 WHEREAS,The selling price of a barrel of crude oil in 10 California dropped more than 60 percent in the first 11 three months of 1986; and 12 WHEREAS, The cost of operating many stripper wells 13 is more than the value of the oil they produce; and 14 WHEREAS, Nearly one-third of the stripper wells in N 70 ACR 139 —2-- 1 California have been shut down since oil..prices' began 2 their decline; and 3 WHEREAS, Some local governments require the 4 :abandonment of wells within their jurisdiction that have 5 been .shut down for certain periods of time; and 6 WHEREAS, The wells that have been shut down 7 because of the price decline could be returned to 8 production when the value of oil again equals or exceeds 9 the cost of producing the oil; and 10 WHEREAS, The oil remaining in the ground can 11 eventually be recovered from wells that have been shut 12 down but would almost certainly never be recovered 13 from wells that have been abandoned;now,therefore,be 14 it 15 Resolved by the Assembly of the State of California, the 16 Senate thereof concurring, That the Legislature urges 17 local governments to refrain from requiring the 18 abandonment of oil wells which have been shut down 19 due to depressed oil prices unless it can be definitely 20 established that no future oil production will be lost; and 21 be it further 22 Resolved, That requirements by local governments to 23 abandon shut down wells be suspended until that time 24 when oil prices reach a level where production of these 25 wells again becomes economically feasible; and be it 26 further 27 Resolved, That the Chief Clerk of the Assembly 28 transmit a copy of this resolution to each city council 29 member, county supervisor,and city and county clerk in 30 the state. O 0 80 ! i A, e 1 ADOPTION OF REVISED OIL CODE Attachment 1 OUTLINE OF SIGNIFICANT REVISIONS Chapter 15.04 Permits the City Council to appoint a "subsidence committee" to study the problem of land sinking due to removal of oil and water, and to recommend corrective actions for the problem. Council member serving on oil committee shall serve as committee chair. Chapter 15.08 Changed definition of "abandonment," added definition of "properly abandoned well," "subsidence," and "sumps." Chapter 15.12 Eliminated requirements to revoke permit "in writing," and deleted the "in-house" appeal for the revoking of permits and the declaration of a well being idle. Authorizes routine inspections and emergency actions. Chapter 15.16 Deleted the requirements for bonds, and added the requirements for comprehensive insurance naming the City as the insured. Chapter 15.20 Prohibits unlined sumps. Restricts and limits the use of lined sumps for oil operations to emergency and spill control; incorporates proposed SCAQMD rules for covering all sumps in order to reduce emissions of oil vapors. Prohibits the further use of internal combustion motors in developed areas; requires the use of electric motors exclusively. Limits storage of equipment on oil field property, and adds requirements for non-obstructed emergency access. Screening required for permissible storage in developed areas. Chapter 15.22 Automatic irrigation systems and maintenance of landscaping required for landscaped areas. Chapter 15.28 Retains "misdemeanor" status for wastewater violations. Chapter 15.32 Authorizes actions to verify actual well production. Eliminates distinction between "single" and "multiple" well sites for production standards. Deletes the special allowances for non-con forming sites. Changes existing language on abandonment require- ments, and adds City Specification #422 (see Attachment #4). Increases production standards from current twenty (20) barrels per quarter to ninety (90) barrels per quarter. Provides exemptions for enhanced recovery projects and periods of severely depressed oil prices. 9883f (10/89) ti I ADOPTION OF REVISED OIL CODE Attachment 1 PAGE 2 OUTLINE OF SIGNIFICANT REVISIONS Chapter 15.36 No significant changes. Chapter 15.50 Specifies minimum safety and operational requirements for future consolidation projects, parallel to the requirements imposed on the Angus project. The following sections will be maintained as "misdemeanor" violations if other sections are reduced to an infraction level: 15.16.010 Failure to provide required insurance. 15.20.120 Failure to provide wellhead safety equipment. 15.20.130 Failure to provide blowout prevention equipment. 15.24.040 Intentional release of fluids. 15.25.010 Improper disposal/treatment of wastewater. 15.32.020 Failure to file required production reports. 15.32.030 Filing false production reports. 9883f (10/89) • r ATTACHMENT #2 SUMMARY OF MODIFICATIONS MADE TO THE EXISTING OIL CODE CORRECTIONS TO HUNTINGTON BEACH OIL CODE - 1989 PUNCTUATION, SPELLING, AND TITLES: For the entire document, make the following changes (global corrections) : 1. The following proper names should begin with capital letters ; California Administrative Code City of Huntington Beach the City Fire Chief Director of Development Services City Council Planning Commission City Planning Commission City Attorney the Chief State of California Division of Oil and Gas Public Works Department 2. Change the following titles from "board of zoning adjustments" to "City's Zoning Administrator from "the department" to "the Fire Department" from "council" to "City Council" 3. Delete_ the "numeric" designators from in front of each individual "definition" (15.08.020 through 15.08.360) in both the index of the title and throughout the text of the title. D ADDITIONS AND MODIFICATIONS: ��(� !'r Change the definition of "abandonment" to: ABANDONMENT, "Abandonment" :'shall mean operations on any well which will bring the well to' he level of compliance defined in this section under the headin of "Properly Abandoned Well" , and the cleaning and restoration of the well site as required in the Huntington Beach Oil Code. Add the following definition for "Properly Abandoned Well" to section 15.08: 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 undeground or surface water suitable for irrigation or farm or domestic purposes from the infiltration or addition of P � 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. Add new section 15.20.400, Noise Control, as follows: 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 activities related to oil production, storage, processing, and transportation. SUBSIDENCE 1) ADD to definitions: Subsidence. "Subsidence" shall mean the settling or sinking of the ground surface. 2) ADD the following code section: 15.04 .045 SUBSIDENCE COMMITTEE-AUTHORIZATION AND DUTIES. The Fire Chief shall 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 shall also serve as the Chair of this committee. The committee shall make recommendations to the Fire Chief for the control of subsidence, and the Fire Chief shall require mitigating actions to control subsidence and its negative effects. The City shall 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. Meetings of this committee shall be held at least annually to evaluate the results of the surveys and the efectiveness of anti-subsidence measures which are in effect, and to formulate additional recommendations for subsidence control. P. 2 15.12.120--15. 12. 160 15. 12.120 Permit utilization. No permit issued hereunder shall .be valid unless uti ization 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, 7f81) 15.12.130 Additional permits. The permits required by this title are in addition to and are not in lieu of any permit. which may be required by any, other provision of the Huntington Beach Municipal Code or by any other government agency. The department shall not issue any permit under this title until all other permits required by other municipal departments, if any, have been issued and a fee, if required, has been paid. (Ord. 2491, 1 Jul 81) 15. 12.140 Persons liable for fees. Each of the persons whose duty it is to obtain any permit shall be declared and made to be jointly and severally liable for the payment of the fee required to be paid. (Ord. 2491, 1 Jul 81) 15.12.150 Penalty for. delinquence. 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, writing, suspend or revoke any permit issued under the provisions of this code upon finding any of the following: (a) A permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions of the permit; (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 435 P. 3 15.12. 170--15.12. 180 his conduct of oil operations; (c) If any of the permittee ' s operations or the continuance. thereof upon the premises covered by the permit are a menace or hazard to public or private property, or to any interest of the city, or to the lives or safety of persons; (d) Any of the permittee' s operations or the continuance thereof upon the premises covered by the permit constitutes a public nuisance as described in this title; (e) If permittee shall have made any willful 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) 15.12.170 Effect of suspension or revocation of. permit. No person shall carry on any operations performed under t e terms of any permit during any period of permit suspension or revocation, or pending a judgment of the court upon any application for writ taken to review the decision or order of the city in suspending or revoking such permit; provided, however, that nothing therein contained"--shall be' construed to prevent the performance of such operation'"as maybe 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) s 5_,1�T.C6T - Appears. eeAy deGisien_—v€ the fireehief to r-eyelee—a "y, reweEking, cic-ciyiia=^vi 91= annuel -renewal ;}tiSrgGtilif;< May, wit-hin t-hiirz-tom ( 30) dayr, Qf eh-C3esisiran, be appeal ad to public hear-}ngs be r-egeired 9n _RR5, sueh (a) Wpen sueh appeal, the plan ,, a-i+d is er±±er7ed there is erre - or--a b u s e--ei--d ei eendi_*_:i913s of apgr-ava! , ria;4QQat;iQn of any pQrmits ; cciiad -h-ereundeFv es deter-mi :atien of toe e*istenee e e a idle We11. l All siieh appeals shall b in writingd r.14 1 1 )xe ii-ied in •-r-plieate ira_the department ei deyelepment seEyiaes. 436 P.y L 15. 12. 10"0 Tlie 9 reusds €or appeal most be set spec l 4 i ea l ly and--tl4e- errer biases bbed-b3 the appol , ..t 4"he F„1 1 ,. rz T---Within ten (1^) days s-e m and--a-f to t 1,„ Li 1 , of the appeal-, the- e7; rA--ter- of develop -nt r^ ees s1»l p*a eee d}sgs, a ed two ( 2) a op i es-e= the-aka l: in add tiono th e d i r ee ter a€ El e re19p m„.,t v is a s Q-:a I I make aR-d-t-yar R w i t; t;s a.p$e l la any-Glee t o-pree exit '-';.. f,e t o _R a ei-Eeemstanees of the ease.- G..pies sba- , be ; lea ke t>ie appal , t to;;( 0)-days-prior to Ilia hearing .TLQso apor- csxai:e av ■ s sh ti esnatitute the EeeerEl-eg them. �Upen reee-i:pt-of the reeeYrl 94 appeal, Wa.. (gireeter of devaib> assa#.--soiwismatter f„r W_ritin to g q l.e, v„ t; f v ; a Wo other notioe need be given. r . c vv�e■o s t s otks^ ,.f „tis,_ --need fie--given -€ the arEler- tberefef is plaRniAg ma., sustain, everrule er fnedi€y the aetTo_ e€ the- ra ^f ^^ia^ tets sr the €ire ehie€-,--aad seep 8eti-e-p- 6h,311 be u�iera-= appealed [� iled to the ea i►e 1 , 1 - e ur-s•»nt to t7he r.r^^eea•ire ^^nt� ; �r7 _ -in 1]untiRgte.,_1]..a1. 8rdinanee Cede and this seetlen, emeeiat that--r�o preps-i-e hear-iergs-shal!-be a-equ; red, lti -i t t o n aagaes t•--f-e-r. hear i-rag by Wie aity c�vi:v's z- from aRy dvs'svv's^v i =tee Q;v--Planning ;A 64;a] 3 be Lril:ed-with--the-e ierie 1-;..v v�e'vix�plasi i■ii ■w's}tor ^n t110 "aemt itquia eeeae 4 1 a eeda-eeetarriwg net lees than ten-( IQ-) eless suc-3b ;4ri-ttea; requeet- The ^itT GLQZ4-.,. slcipe}-a t es--te-a -1 -e r t e r e e t i e e-pe r ied. At the-time-set-€ax h.o.a_ring,rtz_._c eitT-2eu;=e. i shall review the �eGosd, and a€ter dtre--eonsreera-tie, theree€-, t_=et _r- ._ ...d i.7...-.ee fre- m t, p rmi tte /appgl 1 ant ; ntnrnstoA pnyt; e- b-lie Alan iISSIG i■ 2-LP--a6 AAA 8f the it�l GeUR(oil ShAl z be-final. (bird. 27Sg-, 5 Dec- 24 ;--ord 2491 /L11 436-1 R CHANGE section 15. 12.030 as follows: 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 that 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. ADD new section 15.04 .090, "Inspections" (Formerly part of Section 15.20.030) , as follows: 15.04 .090 Inspections. The Fire Department shall 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 to all injetion 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. ADD new section 15:20.39 , "Emergency Actions", as follows: 15.20.35" 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. MODIFY Section 15.04.040 as follows: 15_04:040 Oil ommittee--Authorization and Duties_ The Council may from time to time apaoint, on an ad hoc basis, an Oil Committee_ which shall include, but is not limited to, the following: a member of the City C ouncil, a member of the Manning Commission, the City Attorney, Fire Chief, Director of Cor.«.•OX Development or the duly authorized agents of such members, a representative of -the Western States Petroleum 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 Department and City Council with regard to the contents of this code and its revision. (A00 -r/41-c 5 � ( , The City Council member serving on the committee shall. serve as the committee chair. 1-. (D ADD the following definition for SUMPS: 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. CHANGE Section 15.20.080 to read as follows: 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 City, County, State, and Federal regulations. ADD Section 15.20.085 to read as- follows: 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: Requirements for Covers Covers for secondary and tertiary sumps, and wastewater separators shall meet all of the following requirements: VolArIZ.,- CKC ,lc 6-0011 I's (I) The cover mverial shall be impermeable to and free from holes, scars, 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. P 7 (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 a 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, stormwater 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. Apt] 15.20.22S PUMPING UNITS All pumping units located within :r 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 rrti..l.i.ty distribution system and shall not be generated on site. Pg Cf+f� 15.20.310 STORAGE OF EQUIPMENT. (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 perimiter 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 to 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 (2) Such storage is a permitted use in the base zoning of the site, and (3) A minimum twenty five foot (251 ) clear space is maintained around the perimeter of all active equipment, tanks, pumps, and pipelines within the site, and I,JJTi�iU GNP Ncu�,2E1� 6�— (4) Unobstructed fire equipment road access is maintained all active equipment, tanks, pumps, and pipelines within the site. P. q IRRIGATION SYSTEM AND LANDSCAPE MAINTENANCE ADD Section 15.22 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 suply 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. CHAPTER 15.32, NONPRODOCING AND IDLE WELLS CHANGE Section 15.32.010(d) to read as follows: - (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. ADD Section 15.32.010(e) as follows: (e) The Fire Chief may require any additional. actions . he determines necessary for verification of well production. P I o• 15 . 32 . 020--15 . 32 .040 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 ) 15 . 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) bit base-1s--e-f arrrde ei€ er- ether- h,,d @oa ►,,,R (400 ,009 )-eabie-feet; e€ -gas €ef eale, lease, use or &torage---€o -We--(-2�---v Ucv c o v=�v e-Ql a�i d a�r 9 t�a r te r s, such ��e 1� �shall--vv ela.s_s_;_£_i_ea—_r +l F d j " Sueh- R9apr-9du6!Ag well, whew z rzicv Rv !Te'!! Te RRC ST! � 1e-ated en-a---multiple well site, shall i9e i „: - npa iR a c-e e r-da n e e w i r When aReh neRpEeduGiRg we-1 -3 I8 nQt _30catea on, a M"l ti nl e t7e eh€e€- all 09 4t-y Ache-epe�a€e, that: the well - net reaetivateel--within- r—:ri-m( 6) 'm e n t h is a(tire Elate it €i-r s t b e e ame ire Rp E a de•e€ng,-a hear ieg.will bole i t i,ated-4y€eve-W; ea the eil pr-edee€€ea site sheu l d net vvrz= Rv'x vif �c ®f sueh hearing. in theevent the 110" sen€ng is FoRoved, well shall €ireeea€tee be anUidle" well and ssbjeet to the tGtt1,i ram,Qn -c for. „ch ,nol l -�1�,re�r�r� � rc�n,�..�e er= �v�ee •.vxss �s S8� �����• ,,..!!®.� ver azi*-6l!j beeeme-n em g r eerg:--the-e h reamshall met€€y the e p err ter-t-hat t-H e-w , , L_ been se eta s s i f i e d-and give-n e t i ee- that said we+l ,era--beeoffie an"idle" well thirty-(90) days €rem the d R-Oried eause why the well should Rot be c3lassifJed a� "idle" we!!, In the event the apefatef fails to shew eause why the we! 458 P1J 15. 32 . 050--15. 32 . 060 If ff welly sweh well shall 6e se c s-v-osiziev and aiIT—i:^v(leesAR9e m!il9 Fights to GoAW-Ri @ or Gehl--Pi l operation shall e e a s e. P e R QI t h fh e—i a e 11 i s an i nj e s ki i e s w e i i e r- i r, part o€ a-nib-=e ja e -:cis,. , 15 .32 .050 Idle Wells. When a well is determined to be an "idle" well aI4Q e, the surface area of the well site shall be cleaned pursuant to the following: (a) Notice shall be sent by the fire chief, by registered or certified mail, to the owner of the fee simple interest in the land on which such well is situated as shown on the last equalized assessment roll, -and to the owner of the mineral rights on which such well is situated as shown on the last equalized assessment roll, and to the operator of such well as indicated on either the records of the state division of oil and gas, department of conservation or the records of the department. Once the notice is sent, the well or wells specified therein may not be activated unless the requirements of 'Chapter 15 .+6 of this code are adhered to and satisfied. (b) The notice shall indicate the name and location of the well in question and a statement by the . chief of the reasons why such well is an idle well, as defined by section 15 .32 .04.0 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; 459 Pit 15 . 32 . 070 (d) All oil, waste oil, refuse or waste material including debris, junk , trash and accumulated piles of miscellaneous material shall be removed from the drill site or tank farm site; (e ) The rathole and all holes, depressions, and sumps shall be cleaned out of all foreign material (except well cellar walls) regardless of depth and filled and packed with - clean compactible soil; ( f) The wellhead shall be capped with a blind flange and a minimum of two ( 2) inch steel bleeder valve shall be installed which can be locked in a closed position. (Ord. 2491, 1 Jul 81) T�z-Qi o- BmtensiBn of eneen€e 4R the eyeAt the fire eh i e f €!Rd s .that the e p er-a ti er, h a �'Qw^ t l;a* t 1; s is bj ee t--well ho u l d net RR i "id Ip ;-;@ I!, ti--ere-:� ee /eEatieR €eF a- e��{leQd net te�eyipEe��e�e(�_-�G;kH (66 ) rave;-t- t- 21,04 extea s an e'�"s ubj CeTbe reasonableeenditiens 4e insure t eeAnai i I 01,,dor to axta d th ,. naRfag;iing Fights, the €€r a-sh€e€'e'e�VZ��CS��CelTCT1���.TiC e1'LTi7 C V --wee--o f s,pee i a-1 eiresfas t acre e e a pgi l eab le-tothe pEoperty, including its size, shape, topography, leGation, 9 ssr-the s ea-tElet appil -tien of-• the prevsie i -ss of this.yea=evvelvS!! �v seetien de Elves. t-he ewneE 9F lessee-e€ s sh pEope ty e pfi ilPges enjeyed by ether- ewserrs e•E ieases of pr- per-b= in the uieinity and is the the a iq-eleeelf4eabien; •Ineeneletent with the 1 : : tat leas pl aeed_ upe ether_ r Fopert ec in the • �=ty and in the !T ma sen; n (e ) AepT=pp agaand will: net he detr m.entai tQ the �...:.:� eats te--Lmfl—vements then.an; ET AppLceyas-will! met be -n 6E>li€��Ct tiJit�i esta}��ishaL� general and s .ifiepla.. and policies of the citf (e ) That.-the s i-t,e-is ad eq a a t e t e a Eger me da t e ^^P'-; R u a'-; e R e€ 460 P. I3 15.32 .080--15 . 32 . 110 '(€')"--Tha1E theses j6 setup€€ ;4j th 4-he annl i rahIQ. provisions--of the WuAtinq4on Be-.eh M,,,,ieipal_ Code. (erd . • 1-5-.3-2 .0 8 0 -6-i fe-resbe rabie n Time l ice i-t-. The `-=-- - period __c d _em the de an appeal is 41 le�Q Esa--`b-a- the-p E es e d u r e set e s t iR t-:i bite teat€I €€na€1 doaas a ea €r. ranA.araA Qn the appeal (-Ash. 2491, 1- ul 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, r t-be erne arts--a€--the-diYi e-i A_R e€-e}l an 4jas,--t-1--pe-rson-y.s - in shall be es r�s€�a a €eg-::Q _atar t: a ..€---t-he- �_ Site and oil eper at;on ci 4-a to ; c t-i-es-as--nearly a tho regul a i en of' thisvae ar, _prreylded this_ title . party shi-a11 -furnish the ch- eF yaif-h• . ( / eemf iEmZip}-femp-1 --af38e with e-a--1 �ndonmenh pr-ocaedi nnc under the state lawf na te—the date se ,stated. ra 2491, 1 j.,l 81 � in eenfermity with thefell ; ng q ; Fem@Rt&. (a) ThedEfElekf and all ppuftenant-equipment `--theietv Shali--be r emend--fro m the drill-site, -s h a-1 •-be- r e m e y ed €tee m--tyre-dfil€--sit&t 461 P lU 15. 32. 120--15. 32. 130 (-e) All eene*e€e,r-F} €n 9TW e s d f^r o i n n m a} c r i 10 iese part of a e-i-b_:.___ ____az thett is being used in eenne - l4es- with aay-ether Well fer ,:hieh a- permit is in forreej (d\_ All l L l e e l 7 ed With clean �-�--:��ez�aie� de�ee���s-e-ha€� b e €__=e e,.r�„ � eef"P aez€b le a ei l. All ei-1, to tib e ems l,--re€es e--e r-waste a t -, shall be removed from the drill site. (e r d. —2 4 91-,--1 J u l -81 l8!�32-1. 120 enment r ; its -fier to mew e�enst ue Ailabandoned'-1� a s�e d wells e r drill sites _L_l l ee *he moRtz G u r ee t ,h a n a e am ear-requ1 rr era e R to e€ the d d en a We`i l e m ig l ess-ds e t e t-he eenfigarabion-e€-b h e-- rape t y-it! iEi--ReelssaFy If it Gail by=fr-Axx6d to ba `'a€-A and t;harc a b-h e e a It e e a at€ e,,i t-,;.arse-al lei-if p r eee d u r--e set fer-t*h by byre-fire--e h i of are-Em e l i e w e d. (Ovd. 2991, 1 -g a l -o-; �f n - Mainbenanee ofreeorels. Thefire eh z'C.Z s72R1T Tease. G eh Eeee d L l l_ ref l ew L_- the _teb _ _L __-L _ wied '=vim v==ss Ssea se =AeeSe WrheegeAA-2aA '3 6€ he fewala yeLry whethef it is i- --e mplianee-W-i€h t i d-.---3�141-,-1--3u1 8-14-. 461-1 P. PRODUCTION AND ABANDONMENT 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. ABANDONMENTS CHANGE Sections 15.32.090, 15.32.100, 15.32. 110, 15.32. 115, and 15.32.120 to read as follows, DELETING the existing text. 15.32.090 Abandonment Requirements. Prior to the release of any 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 Proceedure. The proceedures set forth in Huntington Beach City Specification # 422 shall be followed throughout the abandonment process. In addition to these requirements, the responsible party must file a "Notice of Intent to Abandon a Well" ( Fire Department form FD-061) 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 necesary permits and approvals have been obtained, abandonment work may commence on or subsequent to the date so i 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. P. � � 15.32. 115 Site Restoration Time Limit. All requirements listed in Section 15.32. 110 must be completed within thirty (30) days of the completion 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 accomodate such location, development may be allowed provided that proceedures 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. ADD to sections . . . 15.20. 120 Wellhead Safety Equipment 15.20. 130 Blowout Prevention 15.24 .040 Releasing of Fluids 15.28.010 Waste Water System . . .the following language, after the end of the existing language. Violations of this section shall constitute a misdemeanor punishable as set forth in Chapter 1. 16 of the Huntington Beach Municipal Code. e /v 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 one location, replacing equipment and/or wells currently spread throughout an area. 2. To obtain the abandonment and replacement of outdated or 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 project 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. P. 17 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. 15.50.030 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. 15.50.050 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 Sanitaton 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: 1. All cellars shall be equipped with: a. A hydrogen sulfide detection system P. 2 0 b. Fire extinguishers which are located within seventy five (75) feet of travel from any location C. Open metal grates over the tops 2. All storage tanks shall be equipped with: a. A pre-plumbed fixed foam delivery system b. 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. 3: On-site foam storage shall be provided in the specified quantity 4. Adequate fire hydrants shall be provided 5. 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. P. 2 MODIFICATIONS TO OIL CODE Make a global change (entire document, (each chapter, each section ) FROM: "Director of Development Services" TO: "Director of Community Development" DELETE the period at the end of the existing language in Section 15 . 04 . 010 (General Provisions) , and ADD to the end of Section 15 . 04 . 010 the following language: and it is incorporated into the Huntington Beach Fire Code pursuant to Section 17 . 56 .450 . of the Huntington Beach Municipal Code. ADD to Section 15 . 12 . 030 (Permits) the following language: 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 . ADD to Section 15 . 16 . 010 ( Insurance) the following language: Violation of this section shall constitute a misdemeanor punishable as set forth in Chapter 1 . 16 of the Huntington Beach Municipal Code. ATTACHMENT #3 RECOMMENDED REVISED OIL CODE LEGISLATIVE DRAFT PROPOSED AMENDMENT AGENDA ITEM D-1.51 requirements of, and in the manner specified by Title 17 of the Huntington Beach Municipal Code. (Ord:, 2491, 1 Jul 81) 15 . 12 . 090 Encroachment Permit . An encroachment permit shall be obtained from the Public Works Department when it is necessary to encroach over public property with any oil 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. TMr�/��SSXa'r�24 ��ri/frd�`/zf/dfXXXt�ir�/z`�z6dfl��rl�J,�/�f/activation permit shall be obtained from and The use permit shall be filed with the Fire Department . SAId 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; LEGISLATIVE DRAFT PROPOSED AMENDMENT AGENDA ITEM D-1.53 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 Fees . Each ' of the persons whose duty it is to obtain any permit shall be declared and made to be jointly and severally liable for the payment of the fee required to be paid. (Ord. 2491 1 Jul 81) 15 . 12 . 150 Penalty for Delinquence. 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 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 Ju1 . ,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. LEGISLATIVE DRAFT PROPOSED AMENDMENT AGENDA ITEM D-1.55 15 . 16 . 010 Chapter 15 . 16 INSURANCE Sectiongi 15.16.010 XS.lX8,l1dX�1/T��S�/r6f/ZYI��(f�nr�r�.! XS.IXS,IgZg/ZrI��(�`�4rlr�r�/74�IdBrif,l 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 expense 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 (30) 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. X 8.l X g.l PI Zg//Zri��tf 2(rir�r�/1+�ASdittrlf.!//Tl'Ir�/�SdXt fG`7�/�H2(X X/bra/f rt/2!]!i rd�r�Y`�fdf�/�5�`/s�Y`r��f�f/a(g/s`���tftr�d/Jd�/fHr�/QYf�/�f/H�irlffrlr�fr6ri Br��r�ki,l i ATTACHMENT #4 CITY SPECIFICATION #422 , OIL WELL ABANDONMENT PERMIT PROCESS 4 CITY SPECIFICATIONS AYUF Specification no: g4C2H2 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTON 79 PERMIT PROCESS FIRE CODE SECTION: For Information Relative To This Specification Contact Huntington Beach Fire Department I. TOPIC Required procedures for the abandonment or reabandonment of oil wells. I I. CODE Huntington Beach Fire Code Article 79, Huntington Beach Municipal Code Title 15. Ill. CITY OF HUNTINGTON BEACH OIL AND GAS WELL REVIEW PROCEDURE Name of Applicant Street City Zip Code Phone Plan Check No. Plan Checkers Name Signature Phone Number A review of State Division of Oil and Gas maps indicated that your proposed construction site located at lies within the boundaries of Oil Field County There is/are (number) active, idle, or abandoned well(s) located on or adjacent to the site; therefore, before a building permit can be issued, it is necessary to obtain a site-plan review from the State Division of Oil and Gas. The Division of Oil and Gas will determine if affected wells have been abandoned to current standards. Wells not abandoned to current standards may require abandon m ent/reabandonm ent. THE STATE DIVISION OF OIL AND GAS RECOMMENDS THAT A DILIGENT EFFORT BE MADE TO AVOID BUILDING OVER OR IN THE PROXIMITY OF ANY WELL. 1152F (10/89) Page I of 8 L ITY SPECIFICATIONS .iw.nw u.0 n Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTON BEACH PERMIT PROCESS FIRE CODE SECTION: ARTICLE 79 For Information Relative To This Specification Contact Huntington Beach Fire Department SITE REVIEW PROCEDURES TO BE FOLLOWED BY PROJECT APPLICANT A. Contact: Division of Oil and Gas 245 West Broadway, Suite 475 Long Beach, California 90802 213-590-5309 B. Provide the following information: I. Well Location(s) 2. Oil Field Map 3. Well Operator Well Name Well No. a. b. C. d. e. f. 9• In. i. j• k. 4. Major Cross Street (or other identifier) C. The applicant must submit the above well information to the Division of Oil and Gas (DOG) office. The DOG engineers-will review the data and provide the applicant with the well location information. D. Using the well locations provided by the DOG, uncover the well(s) and have the location(s) surveyed by a licensed surveyor. If any well cannot be located using the original description of record, a diligent effort, including excavation, must be made to locate it. Some surface indications that may help in locating wells are metal detector responses, the presence of well cellars, oil field debris, and oil-saturated earth. 1152F (10/89) Page 2 of 8 CITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT ��er REFERENCE HUNTINGTOd4K i IG tt 79 PERMITPC ESS- FIRE CODE SECTION: For Information Relative To This Specification Contact Huntington Beach Fire Department Plot the location of each well on the site plan. The well survey description must reference a point on the site plan which, in turn, must reference a point on an existing DOG map if a common point is not available. Identify each well with the name of the company/operator and well designation. Submit three (3) copies of the final site plan and three (3) copies of each well location survey to the Huntington Beach Fire Department for verification of the plotted well locations. Following well location verification, the Huntington Beach Fire Department will forward them to the DOG for site evaluation. The site plan should indicate the property boundaries, an area of at least twenty-five (25) feet outward from the perimeter of the property, any proposed or existing structures, and any existing or proposed roads or streets that pass through or are immediately adjacent to the property. The site plan should also include a plot (to ! scale) of all existing and proposed oil field facilities (tanks, processing equipment, enclosures, pipelines, etc.) that will be operating on the site after completion of the proposed development. You must also include a description of the existing type and height of all oil field enclosures and list any facility modifications that are part of the development plans. E. The following procedures are to be used to locate site plan wells and to verify that an adequate search was completed: Step I. The developer/landowner shall have a licensed surveyor survey the well locations using the "Location of Record" and shall excavate a hole that is at least fifteen (15) feet long, fifteen (15) feet wide, and twelve (12) feet deep, if necessary. If any indications of an oil well are observed upon completion of the excavation, or if there is any information available that original conditions have changed since the well was drilled, a larger hole may be required. Step 2. If the well is not located using procedures listed in Step I, a metal detector all be used to survey the area (inside and outside the excavation). All safety precautions must be observed while working inside the excavation site. If it is unsafe to enter the excavation, the metal detector can be lowered by means of a rope and/or extension device. Step 3. The' developer/landowner shall excavate all indicated metal detector locations by digging a hole that is at least ten (10) feet long, ten (10) feet wide, and twelve (12) feet deep, if necessary. If any indications of an oil well are observed upon completion of the excavation, or if there is any information available that the original conditions have changed since the well was drilled, a larger hole may be required. 1 152F (10/89) Page 3 of 8 CITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTON g CH PERMIT PROCESS FIRE CODE SECTION: ARMCLE 79 For Information Relative To This Specification Contact Huntington Beach Fire Department Step 4. The developer/landowner shall notify the DOG to witness all completed excavations before they are refilled. Pictures shall be taken of all excavations and each picture labeled appropriately. A DOG engineer should also review the well survey. Step 5. If the well search efforts prove unsuccessful, the DOG representative and the developer shall prepare a brief written report describing the search procedures and attach the excavation pictures. F. A DOG engineer will review the submitted plans to determine what well work is required. The DOG engineer will prepare Form OG190, which will indicate the wells that need to be abandoned or reabandoned before a building permit can be issued. Form OG190 will also include requirements and recommendations regarding any active well facilities that will remain after the development is completed. When the review is complete, the reviewing engineer will affix the DOG certification stamp to the three (3) copies of the site plans and three (3) copies of Form OG 190. Two (2) copies (along with two (2) copies of the well location surveys) will be returned to the Huntington Beach Fire Department, which will then forward one (1) copy to the applicant. The remaining copy will be retained by the DOG's district office. ABANDONMENT PERMIT PROCESS A. Before any well operations are commenced, an application to abandon or reabandon each well must be filed with the DOG (Form OG 108 or OG 123). This application must outTine the work proposed to upgrade the well to current requirements. B. The Division will respond with a permit (Form OGI11) that sets forth the conditions and requirements to be met. C. A well abandonment contractor may be retained by the applicant to do the required abandonment work. D. The well operator or abandonment contractor must file a "Notice of Intent to Abandon a Well" (Form FD-060 with the Fire Department for each well to be abandoned. Once all necessary permits and approvals have been obtained, abandonment work may commence on or subsequent to the date so stated. E. The Fire Department must witness welding of the top plate. 1 152F (10/89) Page 4 of 8 (CITY SPECIFICATIONS n uuu Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTO PERMIT PROCESS FIRE CODE SECTION: 'RI�f&E 79 For Information Relative To This Specification Contact Huntington Beach Fire Department F. When the well work is complete and all records received, the Report of Operations (Form OG 109) and the Report of Well Abandonment or Reabandonment (Form OG 159) will be issued. A copy of each will be sent to the Fire Department and the applicant. NOTE: IF, DURING THE CONSTRUCTION PROCESS, ANY PREVIOUSLY UNKNOWN WELL IS DISCOVERED, THE DIVISION OF OIL AND GAS MUST BE NOTIFIED IMMEDIATELY SO ABANDONMENT REQUIREMENTS CAN BE DETERMINED. PRIOR TO RELEASE OF BUILDING PERMITS The following criteria must be met: A. Analysis of well by a State of California registered Petroleum Geologist or Petroleum Engineer. (These may be obtained in the Pacific Coast Oil Directory, or Personnel Directory of California Oil and Gas Producers.) B. Review by the City of Huntington Beach. C. Protection Designs (if needed). I. Vapor venting systems 2. Methane barrier 3. Methane detection system 4. Additional requirements E. The Department shall witness the welding of the metal top plate. Said top plate shall be welded by a licensed welder, and shall be at least the thickness of the metal casing to which it will be attached. The top plate shall be free of any nipples and/or valves, and the following shall be placed on its surface with welding rod: 1. Date said plate was welded 2. Well name 3. API number 4. Name of abandonment company 1152F (10/89) Page 5 of 8 C ITY SPECIFICATIONS ,a •..w.un uu n Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTOX ffiAC�E 79 PERMIT PROCESS FIRE CODE SECTION: AAKK II CC For Information Relative To This Specification Contact Huntington Beach Fire Department F. The termination of the top metal casing of the well shall be a minimum of ten (10) feet below surface grade. G. Any abandoned well underneath or within ten (10) feet of ANY structure shall be vented. I. All well venting systems shall be approved by the Fire Chief. 2. These systems shall allow vapors and/or gases to escape a minimum of sixteen (16) feet above grade and/or twelve (12) inches above the slope of the roof line where the vent pole extends through the roof from an exterior wall. 3. When the vent is routed through a structure, the vertical venting exhaust pole shall be installed in an exterior wall only. 4. An approved methane detection system shall be installed in all subterranean structures built over abandoned or reabandoned wells. H. Isolation Barrier Requirements I. Well located on or near the property to be developed, and within ten (10) feet of, or underneath the proposed structures, isolation barrier required. 2. Well located on or near property to be developed, but NOT underneath or within ten (10) feet of the proposed structures: a. Located within defined methane zone: 1) Well abandoned and in full compliance with the most current DOG standards, NO isolation barrier required. 2) Well abandoned to the equivalent of current DOG standards, and accepted by the DOG; isolation barriers required for all structures within a fifty (50) foot radius of the well. 3) Well abandoned, but do NOT meet the most current DOG standards nor their equivalent; isolation barriers required for all structures within a one-hundred (100) foot radius of the well. b. Not located within defined methane zone; NO isolation barrier required. 1152F (10/89) Page 6 of 8 -.(C-ITY SPECIFICATIONS +va. n uu Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTOIXR"EtIE 79 PERMIT P== FIRE CODE SECTION: For Information Relative To This Specification Contact Huntington Beach Fire Department I. Prior to the review of an oil well abandonment or reabandonment, the Fire Department must receive two (2) copies of DOG Form OG 190 and two (2) copies of an approved site plan/well location survey. J. Proven well with integrity. K. Disclosure to future property owners. L. All submitted reports must be legible. M. A fee of $244 shall be assessed for each new review. MINIMUM REQUIREMENTS FOR CONTENT OF ABANDONED OR REABANDONED WELL DISPOSITION REPORT A. Well History - When drilled, when abandoned. Special shooting or recompletion work. Production oil and gas at, or last reported prior to, abandonment. B. Casing and Liner - Types and depths, pipe grades. Submit copies of DOG 'Well History' form. C. Cement - Location and amounts, completion and abandonment. Submit copies of DOG 'Abandonment' form and pertinent well cementing data. D. Zonal Depths- List oil and/or gas show depths. E. Copy of Electric Log and/or Core Data and/or ditch or sidewell sample description and/or Drillers Log. F. Diagram of well showing casing, cement, and zones roughly to scale. G. Gas leaks encountered during or after work on well; report change. What is analysis of gas (C I, C2, C3, C4, C5, etc.), approximate flow; heavy, medium, light? H. Final status of abandonment: I. Meets all present day DOG Standards or; 2. Meets equivalent standards, and has been accepted by the DOG, or; 3. Does not meet present day DOG Standards, nor their equivalent. 1 152F (10/89) Page 7 of 8 (CITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTOAf� ��F� 79 PERMIT PROCESS FIRE CODE SECTION: KK tt For Information Relative To This Specification Contact Huntington Beach Fire Department I. Recommended safety measures, including, but not limited to: I. Passive exterior venting system. 2. Downhole vent system. 3. Methane detection systems. 4. Hydrogen sulfide detection systems. 5. Continuous, flexible, permanent, nonpermeable barrier under foundations and slabs. J. Level of safety for structures built over or near the well(s). APPROVE DATE: Raymon C. Picard, Fire Chief I 152f= (10/89) Page 8 of 8 ATTACHMENT #5 PLANNING COMMISSION RESOLUTION NO. 1426 RESOLUTION NO. 1426 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT 'THE PROPOSED AMENDMENTS TO THE HUNTINGTON BEACH MUNICIPAL OIL CODE WHEREAS, the Huntington Beach Municipal Oil Code is intended to. guide the production of oil in a manner as to promote compatibility and harmony with other land uses in the City; and Periodic Review and revision of the Municipal Oil Code is necessary and desirable in order to adequately reflect current conditions and technologies; and The Huntington Beach Oil Committee was formed in order to develop appropriate revisions to the Huntington Beach Municipal Oil Code; and The Planning Commission has reviewed those revisions at. a public hearing held on February 6, 1990; and The proposed revisions to the Huntington Beach Municipal Oil Code were found to be appropriate and consistent with the adopted policies of the Huntington Beach General Plan. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Huntington Beach does hereby approve of the proposed Huntington Beach Municipal Oil Code Amendment and recommend adoption by the City Council . REGULARLY, PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach, on the Sixth day of February, 1990, by the following roll call vote: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon; Leipzig NOES None ABSENT: None ABSTAIN: None ATTEST: r Mike Adams Secretary Planning Commi sion Chairman (4678d) I� Huntington Beach Planning Commission - P.O. BOX 190 CALIFORNIA 92648 February 7, 1990 City of Huntington Beach Fire Department SUBJECT: CODE AMENDMENT NO. 90-1/NEGATIVE DECLARATION NO. 90-1 REQUEST: Major revisions to Title 15, Huntington Beach Oil Code, including appointment of members to subsidence committee, change of definitions, inspections, bonds, insurance, storage limitations, screening, emergency access, production standards and other technical revisions . LOCATION: City-wide DATE OF APPROVAL: February 6, 1990 FINDINGS FOR APPROVAL: 1. Code Amendment No. 90-1 is necessary to promote compatibility between oil production and other land uses . 2 . Code Amendment No. 90-1 enhances the health, safety and welfare of the community through better regulations of oil production. 3 . Code Amendment No. 90-1 establishes regulations which can be enforced uniformly throughout the oil production zones of the community. 4 . Code Amendment No. 90-1 is consistent with the adopted General Plan policies for the orderly and safe development of the community. CODE AMENDMENT NO. 90-1/NEGATIVE DECLARATION NO. 90-1 Page Two I hereby certify that Code Amendment No . 90-1 and Negative Declaration No . 90-1 was approved by the Planning Commission of the City of Huntington Beach on February 6, 1990, upon the foregoing findings . This approval will be forwarded to the City Council for adoption. Sincerely, Mike Adams, Secretary Planning Commission by: Hal Simmons Senior Planner HS:kla (4802d-27,28) ATTACHMENT #6 ENVIRONMENTAL ASSESSMENT NO. 90-1 i t i LA 0 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Mike Strange From ENVIRONMENTAL RESOURCES Senior Planner SECTION Subject ENVIRONMENTAL INFORMATION Date January 22, 1990 FORM NO. 90-1 Applicant: City of Huntington Beach Request: Revise Title 15 - Huntington Beach Oil Code Location: City wide Background The Environmental Assessment Committee has reviewed the environmental information form noted above and has determined that a negative declaration may be filed for the project. In view of this, a draft negative declaration was prepared and was published in the Daily Pilot and posted in the Office of the City Clerk for a twenty-one (21) day public review period commencing January 16, 1990 and ending February 6, 1990 . If any comments regarding the draft negative declaration are received, you will be notified immediately. Recommendation The Environmental Resources Section recommends that the Planning Commission approve Negative Declaration No. 90-1 finding that the proposed project will not have a significant adverse effect on the environment . Mitigation Measures The attached mitigating measures will reduce potential environmental effects resulting from the project and are recommended as conditions of approval. Respectfully ub Micha J. onnor Plann' n ide MJC: lab (4610d-4) COMPLIANCE WITH ENVIRONMENTAL PROCEDURES AND SECTION 65402 OF THE CALIFORNIA GOVERNMENT CODE NEGATIVE. DECLARATION NO. 90-1 PROJECT AND LIMITS CODE AMENDMENT - REVISIONS-TO THE OIL CODE CITYWIDE LEAD AGENCY: CITY OF HUNTINGTON BEACH 1. The above-named Lead Agency for the implementation of the project as defined by CEQA has consulted with the County as Responsible Agency, and/or other affected local jurisdictions, in accordance with Section 15063, Title 14, Chapter 3, California Administrative Code Guidelines for Implementation of the California Environmental Quality Act of 1970 prior to the completion of the following environmental documentation. Date of transmittal to County EMA/Environmental Projects Division: JANUARY 24, 1990 2. All State and local ordinances pertaining to compliance with the California Environmental Quality Act of 1970 as amended, have been met by the following action: Categorical Exemption, Class Dated Negative Declaration Date of Determination JANUARY 10, 1990 Date filed with the County JANUARY 24, 1990 Clerk (A copy of the deter- mination is attached) Environmental Impact Report Date of approval or certi- fication (A copy of this action and the final EIR are attached) 3. This project has been reviewed for conformance with the requirements of Section 65402 of the California Government Code and applicable local ordinances and has been acted upon as required. I hereby certify that the above is a true and correct statement p aining to the above project. By 19, A y Official Date: JANUARY 24, 1990 Title PLANNING AIDE LEGAL ADVERTISEMENT DEPARTMENT OF COMMUNITY DEVELOPMENT ENVIRONMENTAL RESOURCES SECTION CITY OF HUNTINGTON BEACH Notice is hereby given by the Department of Community Development, Environmental Resources Section of the City of Huntington Beach that the following Draft Negative Declaration requests have been prepared and will be submitted to the City Planning Commission for their consideration on February 6, 1990. The Draft Negative Declarations will be available for public review and comment for twenty-one (21) days commencing January 16, 1990. Draft Negative Declaration No. 90-1 is an application by the Huntington Beach Fire Department to revise Title 15, Huntington Beach Oil Code including appointment of members to subsidence Committee, change of definitions, inspections, bonds, insurance, storage limitations, screening, emergency access, production standards and other technical revisions. This city-wide code amendment will affect all land use designations where oil production is allowed and is consistent with zoning and land use designations. Draft Negative Declaration No. 90-2 is an application by the City of Huntington Beach to revise Article 977 of the Huntington Beach Ordinance Code Section 9771 Permitted Fences, Walls, and Hedges (1) Deviations from the maximum height requirements, to include hedges subject to the approval of a use permit. This city-wide code amendment will affect all land use designations where hedges over six (6) feet in height are located in the side and rear setbacks and is consistent with zoning and land use designations. Copies'of the requests are on file with the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, California. Any person wishing to comment on these requests may do so in writing within 10 days of this notice by providing written comments to the Department of Community Development, Environmental Resources Section, P.O. Box 190, Huntington Beach, CA 92648. i (4431 d) ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) I. Background 1. Name of Proponent City of Huntington Beach 2. Address and Phone Number of Proponent 2000 Main Street. Huntington Beach. California 92683. (714) 536-5271 3. Date of Checklist Submitted January 10. 1990 4. Agency Requiring Checklist City of Huntington Beach 5. Name of Proposal, if applicable Environmental Assessment No. 90-1/ Code Amendment No. 90-1 Revisions to Title 15 Huntington Beach Oil Code 6. Project Location II. Environmental Impacts (Explanations of all "yes and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X c. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? X 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X c. Alterations to the-course or flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, in— cluding but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? X g. Change in the quantity of ground waters, either through direct additions or with— drawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding or tidal waves? X Environmental Checklist —7— (4467d) Yes Maybe No 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of an agricultural crop? X S. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce new light or glare? X 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X Environmental Checklist -8- (4467d) Yes Maybe No b. Substantial depletion of any nonrenewable natural resource? X 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? X c. Substantial impact upon existing transpor- tation systems? X d. Alterations to present patterns of circula- tion or movement of people and/or goods? X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X Environmental Checklist -9- (4467d) Yes Maybe No c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon exist— ing source of energy, or require the development of sources of energy? X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communication systems? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X Environmental Checklist —10— (4467d) Yes Maybe No 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild- .life population to drop below self sustain- ing levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, defini- tive period of time while long-term impacts will endure well into the future.) X c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Environmental Checklist -11- (4467d) III. Discussion of "No" Answers The proposal is to revise and improve standards for existing or new oil facilities thereby reducing the impact that existing facilities may have. IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environ- ment, and an ENVIRONMENTAL IMPACT REPORT is required. /,/X-ex� e Signa ure For Community Development Environmental Checklist -12- (4467d) Environmental Board viaCITY OF HUNTINGTON BEACH HUNTINCTON BEACH Post Office Box 190 Huntington Beach, California 92648 January 30 , 1990 Department of Community Development Environmental Resources Section City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 Subject : Environmental Assessment No. 90-1/Code Amendment No. 90-1 Revision to Title 15 Huntington Beach Oil Code Attn : Mr . Michael J. Connor The Environmental Board has completed its review the City of Huntington Beach's Environmental Checklist on the referenced subject . We concur with and recommend the approval of the Planning Department's evaluation that the referenced project could not have a significant effect on the environment , and that the Planning Department will prepare the required Negative Declaration R H. Richardson Chairman cc Mayor Tom Mays Councilman Peter Green Councilman Don MacAllister Planning Commissioner Vic Leipzig i NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 90-1 ENVIRONMENTAL ASSESSMENT NO. 90-1 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, March 5, 1990, 7:00 PM APPLICATION NUMBER: Code Amendment No. 90-1/Environmental Assessment No. 90-1 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: All zones REQUEST: Major revisions to Title 15, Huntington Beach Oil Code, including appointment of members to subsidence committee, change of definitions, inspections, bonds, insurance, storage .limitations, screening, emergency access, production standards and other technical revisions. ENVIRONMENTAL STATUS: Negative Declaration No. 90-1. COASTAL STATUS: Following City Council Approval, Code Amendment No. 90-1 will be forwarded to the California Coastal Commission for approval and incorporation into the City's Local Coastal ! Program. i ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at 1 City Hall or the Main City Library (7111 Talbert Avenue) after March 2, 1990. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Jim McKay, Deputy Fire Marshal, at 536-5411. 0144f (2/22/90) Ile :J: I: ri:xi 4: I.::.I,;l::1 y j: j: ':.I -1: -1..�;j: 1: .4:j:j::k I-::,1:"..:J: :j. j- ;j: :4: ;J,. :1: ;j: A j: :; # k TRANSMISSION REPORT' 7 A 5 3 4 3',D 3 FHC)-',,T--/T7! NO. 714 631 5'-::02, 5430072 DAT E �t 7 1 T:Tv!E 0'2-21 2 1 r4 NT D U R.A.T n 00' 54 Mf-)-)E F A.G F 0- E E S T-T T cjD T-) f 3: i I i.1 i. I i ?--i f 1.i i: 1 i -p..4 i.i i I i i - 4 REQUEST FOR CITY COUNCIL ACTION Date October 25, 1989 Submitted to: Honorable Mayor and City Y Council Submitted b Paul E. Cook, City Administrator Prepared by: Raymond C. Picard, Fire Chie Subject: PROPOSED REVISIONS TO THE HUNTINGTON BEACH OIL CODE QOP� *.3 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Title 15 of the Huntington Beach Municipal Code regulates all commercial crude oil and natural gas operations in the City and is referred to as the Oil Code. This body of codes has not undergone major revision since 1984. Primary crude oil production in the Huntington Beach fields is waning, and the interface between urban development and the oil and gas properties is rapidly increasing. Additionally, many oil properties are now being converted into residential and commercial developments. The Oil Code in its present form does not adequately address the problems encountered in the dynamic process of crude oil recovery operations and the development of oil properties and the properties adjacent to them. RECOMMENDATION: That the Mayor and City Council approve the revised Oil Code as submitted by the Oil Committee. ANALYSIS: Since May 3, 1989, the Oil Committee has been meeting twice monthly to evaluate and recommend changes to the existing Oil Code. This committee represents a cross-section of interests from the City and the oil industry, and the meeting format provided for participation by the public and all other interested parties. Each and every section of the existing Oil Code was examined for adequacy in meeting current needs. This process has culminated in the formulation of a revised .Oil Code which would greatly enhance the City's ability to regulate current and future oil operations, and to provide for the safe and organized transformation of oil sites into residential and commercial developments. FUNDING SOURCE: None required. ALTERNATIVE• 1. Retain the existing Oil Code and do not adopt the recommended revisions. . 2. Modify the revisions recommended by the Oil Committee and adopt the resulting modified Oil Code. o = ATTACHMENTS: 1. Outline of significant revisions. mrn 2. Summary of all modifications made to the existing Oil Code. (71 <nm 3. Recommended revised Oil Code. o ti m 4. City Specification #422, Oil Well Abandonment Permit Process, o �rn —v c) RCP/DG/sr o0 9883f �,O NO 5185 ADOPTION OF REVISED OIL CODE Attachment 1 OUTLINE OF SIGNIFICANT REVISIONS Chapter 15.04 Permits the City Council to appoint a "subsidence committee" to study the problem of land sinking due to removal of oil and water, and to recommend corrective actions for the problem. Council member serving on oil committee shall serve as committee chair. Chapter 15.08 Changed definition of "abandonment," added definition of "properly abandoned well," "subsidence," and "sumps." Chapter 15.12 Eliminated requirements to revoke permit "in writing," and deleted the "in-house" appeal for the revoking of permits and the declaration of a well being idle. Authorizes routine inspections and emergency actions. Chapter 15.16 Deleted the requirements for bonds, and added the requirements for comprehensive insurance naming the City as the insured. Chapter 15.20 Prohibits unlined sumps. Restricts and limits the use of lined sumps for oil operations to emergency and spill control; incorporates proposed SCAQMD rules for covering all sumps in order to reduce emissions of oil vapors. Prohibits the further use of internal combustion motors in developed areas; requires the use of electric motors exclusively. Limits storage of equipment on oil field property, and adds requirements for non-obstructed emergency access. Screening required for permissible storage in developed areas. Chapter 15.22 Automatic irrigation systems and maintenance of landscaping required for landscaped areas. Chapter 15.28 Retains "misdemeanor" status for wastewater violations. Chapter 15.32 Authorizes actions to verify actual well production. Eliminates distinction between "single" and "multiple" well sites for production standards. Deletes the special allowances for non-con forming sites. Changes existing language on abandonment require- ments, and adds City Specification #422 (see Attachment #4). Increases production standards from current twenty (20) barrels per quarter to ninety (90) barrels per quarter. Provides exemptions for enhanced recovery projects and periods of severely depressed oil prices. 9883f (10/89) 1 ADOPTION OF REVISED OIL CODE Attachment 1 PAGE 2 OUTLINE OF SIGNIFICANT REVISIONS Chapter 15.36 No significant changes. Chapter 15.50 Specifies minimum safety and operational requirements for future consolidation projects, parallel to the requirements imposed on the Angus project. The following sections will be maintained as "misdemeanor" violations if other sections are reduced to an infraction level: 15.16.010 Failure to provide required insurance. 15.20.120 Failure to provide wellhead safety equipment. 15.20.130 Failure to provide blowout prevention equipment. 15.24.040 Intentional release of fluids. 15.25.010 Improper disposal/treatment of wastewater. 15.32.020 Failure to file required production reports. 15.32.030 Filing false production reports. 9883f (10/89) z, ATTACHMENT #2 SUMMARY OF MODIFICATIONS MADE TO THE EXISTING OIL CODE ' 4 I CORRECTIONS TO HUNTINGTON BEACH OIL CODE - 1989 PUNCTUATION, SPELLING, AND TITLES: For the entire document, make the following changes (global corrections) : 1. The following proper names should begin with capital letters ; California Administrative Code City of Huntington Beach the City Fire Chief Director of Development Services City Council Planning Commission City Planning Commission City Attorney the Chief State .of California Division of Oil and Gas Public Works Department 2. Change the following titles from "board-of zoning adjustments" to "City's Zoning Administrator from "the department" to "the .Fire Department" from "council" to "City Council". 3. Delete- the "numeric" designators from in front of each individual "definition" ( 15.08.020 through 15.08. 360) iri both the index of the title and throughout the text of the title. D ADDITIONS AND MODIFICATIONS: �'� Change the definition of "abandonment" to: ABANDONMENT. "Abandonment" :'shall mean operations on any well which will bring the well tothe level of compliance defined in this section under the heading of "Properly Abandoned Well" , and the cleaning and restoration of the well site as required in the Huntington Beach Oil Code. Add the following definition for "Properly Abandoned Well" to section 15 . 08': 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 undeground _ or surface water suitable for irrigation or farm or domestic purposes from the infiltration or addition of PI 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. Add new section 15.20.400, Noise Control, as follows: 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 activities related to oil production, storage, processing, and transportation. SUBSIDENCE 1) ADD to definitions: . Subsidence. "Subsidence" shall mean the settling or sinking of the ground surface. 2) ADD the following code section: 15. 04 . 045 SUBSIDENCE COMMITTEE-AUTHORIZATION AND DUTIES. The Fire Chief shall 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 shall also serve as the Chair of this. committee. The committee shall make recommendations to the Fire Chief for the control of subsidence, and the Fire Chief shall require mitigating actions to control subsidence and its negative effects. The' City shall 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. Meetings of this committee shall be held at least annually to evaluate the results of the surveys and -the efectiveness of anti-subsidence measures which are in effect, and to formulate additional recommendations for subsidence control. P2 15.12. 120--15. 12. 160 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 department shall not issue any permit under this title until all other permits required by other municipal departments, if any, have been issued and a fee, if required, has been paid. (,Ord.. 2491, 1_ Jul 81) 15. 12.140 Persons liable for fees. Each of the persons whose duty it is to obtain -any permit shall be declared and made to be jointly .and severally liable for the payment of the fee required to be paid. . (Ord. 2491, 1 Jul 81) 15.12. 150 Penalty for. delinquence. 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, in -ing, suspend or revoke any permit issued under the provisions of this code upon finding any of the following: (a) A permittee has1failed, neglected or refused to Perform, comply with and-'abide by any of the conditions of the permit; (b) That permittee has failed or neglected or refused to comply with or abide by, or has in any way violated any of the provisions of this code, or of any other ordinance of the city, or any other law, rule, or regulation either directly or indirectly, by reason of or in connection with or incidental to 435 P3 15. 12. 170--15. 12. 180 his conduct of oil operations; (c) If any of the permittee ' s operations or the continuance . thereof upon the premises covered by the permit are a menace or hazard to public or private property, or to any • interest of the city, or to the lives or safety of persons; (d) Any of the permittee' s operations or the continuance thereof upon the premises covered by the permit constitutes a public nuisance as described in this title; ( e) If permittee shall have made any willful 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) 15:12. 170 Effect of suspension or revocation of. permit. No person shall carry on any operations performed un er t e * terms of any permit during any period' of permit suspension or revocation, or pending a judgment of the court upon any application for writ taken to review the decision or -order of the city in suspending or revoking such permit; provided, however, that nothing therein contained`=-shall be" construed to prevent the performance of such operation--as maybe 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) 1 dT12iT12-O - A+gaea4rG. asi 99 any omesisi n 9 the fire ehief to rearneke a drilling,i "g, iei''vziciir9, a^ctiLfatiqn Ar annual _rAnl6w&i i-ASx^.e6't3.en pub!!e- aear-ings shall be required en are•• sueh appeal . ram—Upen sseh aweal, the—p1a4;niR9--cemmiasie a-e-d—e-e r-e i s e--ti3 e -p eater- L a h, ,-n d E =t=-m i--e app4aale ,,._- - i 4 1 . �z—A?g a-pp e a-ls s h a 11 be R W ,Tg and s h a I b Eiieel in briplieate in--cc-re a cp'a r-t lRen c-6-t d eve 1 epm e n t s er v i e ee . 4?G P. y . 15. 12 . 10^0 T): e .7—A EeY 1 Lte _.c c g r v`Q'i:a v =v z appeal must j3 a 6 e t= 9�t i i 6p a@�€p e a l�-'f--a il�---�-rr error c neer ibed by the appellant. fQ4:!c)wing przeeeduEe- shall ( i ) wi biiin- ten ( !Q)--days €r9if--and- a€ er bLO F; , ; . .. e the appeal, the-direetey of developme-Rt- t:!,�6RSmit,te t4ie rlaaRing- eemmi-ssien all-imagers -1,01 moRd i a the preeeeditags-r a-Ad two ( ) eopif3fi- e€-the .appeal:. in add:`: " a Tape l lQ:t deem A e ee sG r-r-t e-pr e s e n t the €ante-and e-srelamGtanGe-R of the eases GepieG hall be mailed te the ap'L e l l a:t t o ri-( 10) days-pr ima r t e tl'a L Q a ri urn Thal a-T=_prgy-s s�,ali eon5titute the reeeEd ef Oie appeal. .(-ii) Upen- reeei:pt--e€ the reeerd e€ appeal,-tht diEeeter of soxwices shah-set n matter for h ear i a g and give noti n-a by mail Q--f th e time,- p la ee ,n d puEpese v4itlnq to .mti f; oa No caber Roti-e need be given. vienn-in-96 e`e siems- shall-n that date'eantimue-thefnatteF, Nc� no-t l S e ez A O:Tin`era n ra o need -be-ig i y e n i€ the e E d e-t- aneeuneed-a-t the -time-€eE whieh-the hearing is _=t. The pl nn=.; e^m^=ssi^^ maT-sustain, everrele er mee1if the aetio o€ the be;-ard-of-oni,nq adjuetmente--r the €ire ebiaz, and srx7h aeti9n-e34a- - be-4i---'- -r-1---- -,igal�1 to the-e '-- __uneiT y l l r� j. -1 1 -1• �. pwa6Yla.lit ` +-hQ V ror./l4uruas- coon*ai ed- ; r u, nti gte _.fie e� pub3 e hearings shall . ;--A written sequoGt for- hearing by the e it f v r,m r7 o 0 i ; n r+! 4-1�,e r ,-,e— ueavxx =ev�,e Qee�—av a�' � a.. —��anG� At�iR}i1�66�en—eha�l—ve ed-�:t: he=city eler-k whe--shall jolaAe the matt-- cL t� deys-- fteY =eeeipt -€ 6ush %,mitten request The City Yv sbipukaf!es-te a sheEteE neti-ee--peried At the time set--€� liea rig.n, .E1i-e -e; t.7- , T- csceci>>2=x r@6E>•rg, and a€tec elue--eensidetotien-theree€-r `_-g=' he- i-t=h-arcs--relevant testimeRy <Y.-m t 1;a i and ei4� f_gg n,a7' c-,, t--* .- •��,e �61�A-rd if10di€�' tjlg-�6GigioR e€ z vcaxc�► a v S v i � c ttli e plan c i c c i 9 n 2-14 e a e t i o n e€ the-city-Guns i-1 sk ;41 l 13 efinal, Ord 2 7 0 9,--5 D e E 2 4 ; 1491, 436-1 P.� CHANGE section 15. 12.030 as follows: 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 that 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. ADD new section 15.04 .090, "Inspections" (Formerly part of Section 15.20.030) , as follows: 15.04 .090 Inspections. The Fire Department shall 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 to all injetion 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. ADD new section 15:20.3.5' , "Emergency Actions", as follows: 15. 20.35" 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. MODIFY Section 15.04.040 as follows: 15.04.040 Oil ommittee--Authorization and Duties. The Council may from time to time appoint, on an ad hoc basis, an Oil Comnittee- whichshall 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 C"'n"PITy Development `s% or the duly authorized agents of such members, a representative of .the Western - States Petroleum Association, and a members, 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 Department and City Council with regard to the contents of this code and its revision_ .(AW TN11 56,J),-�b The City Council member serving on - the committee shall serve as the committee chair. 1-. (O ADD the following definition for SUMPS: 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. CHANGE Section 15.20.080 to read as follows: 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 City, County, State, and Federal regulations. ADD Section 15.20.085 to read as. follows: 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: 1 Requirements for Covers Covers for secondary and tertiary sumps, and wastewater separators shall meet all of the following requirements: Vet,47-1C.E CKC,q.,,c. Co,.yoo,,,.wS (1) The cover material shall be impermeable to and free from holes, tears, or openings. (2) bra-ins on covers shall be provided with a slotted membrane fabric cover, or equivalent, over at least 90 percent of the open area. P 7 (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) Hatchcs 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 a 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, stormwater 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. AZO I$.20.22S PUMPING UNITS All. pumping units .Located wi.thi.n :i develow.,f] 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 electri.cal equipment shall.,, be from the local electric tat i..l. i.ty distribution system and shall not be gencrat:ed on site. P � �tJE 15 . 20 . 310 STORAGE OF EQUIPMENT. (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 perimiter 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_ i's ._maintained to 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 (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 to i 77- � ox e Nu,-5 a-6�4 (4) Unobstructed fire equipment road access is maintained all active equipment, tanks, pumps, and pipelines within the site. Pq IRRIGATION SYSTEM AND LANDSCAPE MAINTENANCE ADD Section 15.22 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 suply 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. CHAPTER 15.32, NONPRODOCING AND IDLE WELLS CHANGE Section 15.32. 010(d) to read as follows: - (a) 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. ADD Section 15.32.010(e) as follows: (e) The Fire Chief may re'�uire any additional. actions . he determines necessary for verification of well production. P � o - 15 . 32 . 020--15 . 32 .040 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 ) 15 . 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) 9 -ire-Ee d e , faile-te-p red a e-a t the cart efl { q y-�a-t-e-�e€ a I ( (499 ,099 )o9 e a b l e feet, =-g a e fe=-6a-1 e y lease, u E;a vie rye €o t;;e- ( 2-) sU-eaeG�YP_ ea lee da&:quar-tars ,, ►,s ll- rh:._l h { ofao- �c viied ac 11neiIPEe'vue Yng ■ 11 Sueh Reapr-edIAGiF!j WGII , W1ie evc e a mu 1 �_+- e A l t i p l a well site, G ha l 1-�-.c cra cc -� a eFed a a ee cat -t- ee, s ie�� t�•e-�i-t�-e�. When 6Ueh e9RPr-9 lee}e9 "WWII }s Ret le^atQd On a ml,i +-; „i o well the c h}e€ a kea RQW l€ --t4ie•--ep eEa-t.e E that the w e I l to--net-reaet-ivat'ed-within sim ( 6)-menthe of the date it €jEet - 1 tl planning- en .#=e shew ealase why the e!assif-}eatiAn eir 'the e-il--pre tien E;ite -^heuld_ wat h^ -ewe v e d. The a-ta t-e d v i s i e n e€-e-i l and-g a6 EA ail F In In^_ in 1-h e 11 Q Il ^ �.� .��� ri-z-rc ar:-rry s—T x r c:rc c� c rr� ��3 c—v—$A i'3 i i'3 g—I 6 Eemoved, well--s-ha-l-1 therea€te-r--6e-an llidIe" weii and sebjeet to the vonni r^.�.on}-c f^r c�nnh <_.o, 1 t(� i6 T _rarer=v■..v ■ o m a= o w e■■ <r v x s C E�S sat;to ���e 1 i• •������� an*--v�x is—ra v:I vzrzZZ v=m p:j.9 aTTvc E=a.A 8—gr-8 u --n s •or.—bi q u are f l y rate-ef twenty (20) bla-r-r e-is-e€-e- a de ell or Q_t4;t-= - 0 0 9-)---e ubi e-feet e€-gas--€e f sale, lea sberevEje -twa (2) s---e--smote-ea-lendar-ejuar-tafs+ s_eh well a h a l l .be-e l a-s-s i fled as II n e a p=-e die i eg ' W h ea a-R y G u G h well the well thas-been so classified-and-give-netiee--that d well will b ee e e ffi e-an "idle" well thirt-y•-•(3 0 ) d aye-€ram,;,-the date-0 8 - Ptiee unleer, the--epeLca-te th; ..t< (99) a•. - i_o_�—o-kA:'ry CaQve ithy the 6hAHld A917 be 6`3 QS8i€i9d a(i- " id1( 458 PI1 15 . 32 . 050--15 .32 . 060 14dle" well , GuGli well Ghall be se elaGsified and atRT—eRGRQAil€AfM-i-R9 Eights tA ---QQRt}Rue —vi r_a._r_t_i at_o_c_ue_6—O=x o p e c a c x A f 6� -ease .a Be•e �m e n�a�i e-3—t I.�-A 1 i rl ti l ve da!R--a R aR h armed--re sj eel--shall #e—e e n__�_ _d • , 5 8 e e 8 4 i Ord. 2.4 91,--:84}- 15 . 32 .050 Idle Wells . When a well is determined to be an "idle" well aeeei;d-i Rg lie tile-pEeYisie-ns 94 seetieR ' S �P ^^ ^ afae-ua, the surface area of the well site shall be cleaned pursuant to the following: (a) Notice shall be sent by the fire chief, by registered or certified mail, to the owner of the fee simple interest in the land on which such well is situated as shown on the last equalized assessment roll, -and to the owner of the mineral rights on. which such well is situated as shown on the last equalized assessment roll, and to the operator of such well as indicated on either the records of the state division of oil and gas, department of conservation or the records .of the department. Once the notice is sent, the well or wells specified therein may not be activated unless the requirements of 'Chapter 15 .+& of this code are adhered to and satisfied. (b) The notice shall indicate the name and location of the well in" questi.on and a statement by the . chief of the reasons why such well is an idle well, as defined by section 15 . 32 .04.66 of this code . (Ord. 2491, 1 Jul 81 ) 15.32.060 Site Restoration--Procedure. Within thirty ( 30 ) days after notice has beeh 'Mailed, the patties 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 aTnd 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; 459 P12 15 . 32 . 070 (d ) All oil , waste oil , refuse or waste material including debris, junk , trash and accumulated piles of miscellaneous material shall be removed from the drill site or tank farm site; (e ) The rathole and all holes, depressions, and sumps shall be cleaned out of all foreign material (except well cellar walls) regardless of depth and filled and packed with clean compactible soil; ( f ) The wellhead shall be capped with a blind flange and a minimum of two ( 2) inch steel bleeder valve shall be installed which can be locked in a closed position. (Ord. 2491, 1 Jul 81 ) the—€ir-@ rzc€ €-ndG .that the er^eEal��_N h2c rzho;l- �L.�H ► ho s u b-j eel—well eheu 1 d--net a n "id 1 e" well, h 9 1-& e p e rat}ef- €9 F a—p er-i_met—t9—e c-�eec�-- i- —{-6-) M o n t-t� I+ exte n s-rem—b e—s u b j eel--t e m s-..--b--e-,e eat d i t i e n s t-e .at the e i t o pe r a t i gain-t a i n e d is a-Ga-€e and clean a,..,a; t I s h a l l' f i d-thaw:. s e e t-i en d e p i ivec, t-he-owa a rr . e r-1 epee ^Ef ^,, ►, property 0 pr-Jileges eiijen d-by -etherr--ewer-r, or- lescees-o€ p oper-ty'!A the vicinity and in the-same sening e f. t_ ^I 1 r w J in the Y-i-einity and in the same zoning a=a-ssi firatiaxt (e ) , AppeeYal-i ill net be d e t r-}mental to t;e—puh l i'c a_ re-,e (-d Apo al will net he in conflict 14rith ostablishara geneyal and- peGi€!G plane and of—the „ityi (e ) T h-at-the-site-i-a adequate t o a e ee mmedat-- e ^^n t; n t,-a t ; F ^„ 460 P. 13 ------------ 15 . 32 . 080--15 . 32 . 110 is ' T 1:,a fe-he a an a a 1,iith the P Cb� -c-=-�--=zrR C e 1 c C =s G 9(iliJ��an r P FQ the .zi-sit-e„-aea e#-P4 es i e€tea 1-Ee e . (E)f d 2491 ,1 9 u4 81-� 15--32 .0 8 E) Gibe--r-e s>>era n--Tie-lei fn i t . The t i ffi date- an 44 appeal }s €i 1-0�-pe-�s -t to the-p~r a ee �d E e set e e t i-n-�, � Cle until is randared—on, }h4 appeal (G f deer--2-4-91-T-1-4 e!--81) 15 . 32 .085 Abandonment. The operator of any well that has been declared idle shall abandon said well within 1Six months of receiving an order from the fire chief to abandon, _ ' t h t-.F- gar, �+r.esvxeveeet vs ae:c veaae d�;��fi�An v �ol�"� a�43d= �� -�o • 55—D P Qeery-i� . t�-t e-the--r eq e i-r-eme n Les of t e diyisien- 9€ -oil ang gas, shall be for ho reateEat a€tYte-dr-i3-3-frite and oil egeEation Site-to-;:s y, Irt- -�a-s -a �;Q rzagQlat:i nr. of', thin edey.___ e. p ry ded vchis title . ast7=-sha€1 furnish- the-.:�i.a€ (aT— -6 p y o€ the apprre y al o f the—d i y i s ie n e£_e: l and -g__ , the etate law?-ea R4 e€ t h=-s s e et i e n and stating the d afters u e h w ef4e-ter-€ll be to-the—date se stated. (GEd. 249 , Jul 81 A13 an d e n m a ns ha l l--be-ap p r e y e d--bit the cg h ief a-fit a r--r-eA�>.;a t;i Q n ate ---- -rill _.-,.e and ...... .,T..„-,.-..--'eether eef ..a- been aeeempliehe in'—eenfer-mity with the Fello _RC_equiFemente (b-)— All--t'a n k 9'r'—hew a r-e—anel At h err-vur f a 6 Ainetallal;inRR -s h a-1 the d f i l l--e-i-t e r 461 P IU 15. 32 . 120--15. 32 . 130 ( e-)—All -aenef e b e- 'piping r-sr e e l a nd�#.n a r F a r a i_n n_ mat Pr i a l c FeqaEdless of dep' th, shall be -removed from the dFill site, an less- art of a rul b i w -n t-h et t is bt�g ego-i n--een e- b ie n with any ether- well -I whie h a-peL-fnit-i-s in foE � (-d) A l l-ha le s-any--Qepressi a re--shall--be -f; , 1 o-a eefopaetlble seil. All eil,-waste-ei-ly ref-use e-r- waste ate-: , , shall be removed rp t 11 L. I!] a 1 T.vl 61) �L7Ir V���L V�L� �Q�O���11 [TITT-lTL f b - -A.. Ail abandoned-'>TI-'�71 Bert!d weile or dr7 1 l __L __ shall LTII e �-€ems--�eve�egr�eAt e€ U14e prGPOEty. New--st r u e t u Lc es. shall no* -49e een e t r—u e ted Eli r-e e t l y eve--asb-a nr- de R l et,e due he the-een€i q u Eater-ewe€-t fir is Re^GeGGGarrZ'-. If it can be—pr-AVAd t;O hA Sef-A and f-horo ' i c no bhe tee-EhiE'€ are felleweels Grel . zZ} erd• 249i, 47181) n- -^ - 13 6 O jai n b e n et re t ef--ree e•rele:—T i e--fire ewe` shall A-L. lease. Sete h--E a ee f d s 6 h a3-9re flee `--:�**--a b a b T Z ef ___`_ _l r A'r e f this Pr=--c e d e . The reeeEds h l , , s ,a;- e d e.-(am . 2 4 9-1,-1--j u l 81) . 461-1 P 1 S" PRODUCTION AND ABANDONMENT 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. P. 1 � ABANDONMENTS CHANGE Sections 15.32.090, 15.32. 100, 15 .32. 110, 15 .32. 115, and 15.32. 120 to read as follows, DELETING the existing text. 15.32.090 Abandonment Requirements. Prior to the release of any 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 Proceedure. The proceedures set forth in Huntington Beach City Specification # 422 shall be followed throughout _ the abandonment process. in addition to these requirements, the responsible party - must file a "Notice of Intent to Abandon a Well" ( Fire Department form FD-061) 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 necesary permits and approvals have been obtained, abandonment work may commence on or subsequent to the date so i 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. r I � 15 .32. 115 Site Restoration Time Limit. All requirements listed in Section 15.-2. 110 must be completed within thirty (30) days of the completion 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 accomodate such location, development may be allowed provided that proceedures 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. ADD to sections . . . 15.20. 120 Wellhead Safety Equipment 15 .20 . 130 Blowout Prevention 15 .24 .040 Releasing of Fluids 15.28.010 Waste Water System . .the following language, after the end of the existing language. Violations of this section shall constitute a misdemeanor punishable as set forth in Chapter 1 . 16 of the Huntington Beach Municipal Code. ApO 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 Protectiow 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 one location, replacing equipment and/or wells currently spread throughout an area. 2 . To obtain the abandonment and replacement of outdated or 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 project 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. P. 9 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 .50.030 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. 0.40 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 poise attenuation -equipment wherever and whenever it deems necessary. 15.50 .050 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 Sanitaton District. 15.50. 060 Drillinq 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 equipmftt 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: 1 . All cellars shall be equipped with: a. A hydrogen sulfide detection system 20 b. Fire extinguishers which are located within seventy five (75) feet of travel from any location C. Open metal grates over the tops 2. All storage tanks shall be equipped with: a. A pre-plumbed fixed foam delivery system b. 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. 3. On-site foam storage shall be provided in the specified quantity _ 4 . Adequate fire hydrants shall be provided 5. 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. A P z � MODIFICATIONS TO OIL CODE Make a global', change (entire document, (each chapter, each section ) FROM: "Director of Development Services" TO: "Director of Community Development" DELETE the period at the end of the existing language in Section 15 . 04 . 010 (General Provisions) , and ADD to the end of Section 15 .04 . 010 the following language: , and it is incorporated into the Huntington Beach Fire Code pursuant to Section 17 . 56 .450 of the Huntington Beach Municipal Code. ADD to Section 15 . 12 . 030 (Permits) the following language: 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 . ADD to Section .15 . 16 . 010 ( Insurance) the following language: Violation of this section shall constitute a misdemeanor punishable as set forth in Chapter 1 . 16 of the Huntington Beach Municipal Code. ATTACHMENT #3 RECOMMENDED REVISED OIL CODE ORDINANCE NO. 3OoZ 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 END k . z, 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 Proiects 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 Code 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 I 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 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 Proucers 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 recommendaions to the Fire Chief for the control of subsidence, and the Fire Chief will require mitigating ac£ions 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 Right of Entry. Whenever necessary to enforce, any of the provisions of this code, or whenever the Fire Chief has reasonable cause to believe that there exists in any 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 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) n, 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) 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. • i 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 . s� 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 -:1 shall, unless the context indicates otherwise, have the I` respective meanings herein set forth. (Ord . 2491, 1 Jul 81) 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 i 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: (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. "EAhanced 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) Gas . "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 :1 or derived from petroleum or natural gas . (Ord . 2491, 1 Jul 81) Iniection Well . "Injection Well" 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) 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) �_J Oil Operation. "Oil Operation" shall mean the use or maintenance of any installation, facility or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions : drilling, redrilling, reworking and repair, production, processing, extraction, 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, 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 recompletion 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 recompletion of an existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than 150 feet from the existing well bore, or replacement of well liners or casings . (Ord. 2491, 1 Jul 81) Source of Ignition. "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, and disposal wells for the purpose of disposing of wastewater . (Ord. 2491, 1 Jul 81) _J 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) z _J 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 Permit Procedure. 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 Bea.ch for the oil operations , activities, or structures in the City limits of Huntington Beach, as required by this title. (Ord. 249.1, 1 Jul 81) 15 . 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 z; (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 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 Waste 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 : z (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 Other Permits . Building, plumbing, electrical , mechanical , fire, demolition, and other permits shall be obtained 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 . 090 Encroachment Permit . An encroachment permit shall be obtained from the Public Works Department when it is necessary to encroach over public property with any oil 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 l 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 Permit Procedure. A use permit from the City' s Zoning Administrator must be obtained prior to application for a drilling or activation permit . The application for a drilling, reworking, or activation permit shall be obtained from and filed with the Fire Department . Said application 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-presssure systems regulated by this code. Applicant need not file plans and engineering specifications of standard derricks, masts and tanks when such standard pans 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; (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 4 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) .il, 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 Depa.rtment. 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 Fees . Each of the persons whose duty it is to obtain anypermit 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 Delinquence. 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 under 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) 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) 15 . 16 . 010--15 . 16 . 040 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 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 damge to public health. The policy shall provide for a thirty (30) 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 one hundred thousand dollars ($100, 000) per operator, or greater as specified by the City of Huntington Beach. 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 i,.. presently exist or may be amended hereafter . 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) 15 . 20 . 050 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 leasehold is fenced or walled, all entrances to said drill site or leasehold 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 leasehold. 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) . 15 . 20 . 060 "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 concete walls and bottom, and are maintained in sound condition. Covers for these sumps shall be provided according to the following specifications : Covers for secondary and tertiary sumps , and wastewater separators shall meet all of the following 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 i*, 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 j 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 . �n 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 fol- lowing situations : (1) When such work consists of minimum mainte- nance _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 (4) Where the work being so conducted is sound- proofed 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 machin- ery 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 con- nection with the drilling, redrilling, or reworking operations with fire resistant soundproofing material including the dril- ling 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 dur- ing the restricted hours if , in his opinion, the noise is mini- mal, 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 connec- tion with pulling a well which is within two hundred (200) feet of any residential building, except where circulation in the well must be maintained, or the well would be endangered if the pulling work were not continued. (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 cor- responding casing head for the purpose of bleeding off casing pressure and for hookup to kill the well in case of an emer- gency. 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 Blowout Prevention. In all cases protection shall be provided to prevent blowout during oil operations as required by and in conformance with the requirements of the Division of Oil and Gas and the safety orders for dril- ling 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 re- quired 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) 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 Required. No fence or wall shall be constructed to enclose any oil well site, oil operation site or drilling island site in whole or in part until a permit therefore shall have been issued by the Development Services Department . As a condition of issuing such permit, the Direc- tor of Development Services or the Fire Chief may impose there- on any conditions as are necessary in the interest of the pub- lic safety, and such fence or wall shall be constructed in ac- cordance 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 effec- tive or more effective than these fence standards . The provi- sions 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 . 160 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 mate- rial 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 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, I 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 unau- thorized persons from gaining access to such operation or drilling site; (f) The chain link fabric shall be eleven (11) gauge gal- vanized 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 galva- nized 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 . 2-491, 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 Wali'- Specifications . All masonry walls used to enclose in whole or in part any oil well site, oil op- eration 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 fa- cilities, buildings and structures on and adjacent to the site; ''I (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 provi- sions 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 mat= erials 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 . 190 Operation of Oil Field Recovery Heaters . All oil field recovery heaters'shall have a valid State of California "permit to operate" and shall be equipped with and operated by safety controls which monitor certain essential operating conditions and which shall shut down the boiler and require manual restart when any of the essential conditions vary from prescribed limits . An emergency shutdown switch shall be installed a minimum of fifty (50) feet from the oil field recovery heater and shall be identified as such by a sign with letters not less than three (3) inches high. (Ord . 2491 , 1 Jul 81) i 15 . 20 . 200 Notification of Installation. Prior to the in- stallation and operation of any oil field recovery heater, the person or entity proposing to install and operate such heater shall so notify the Fire Department . All heaters shall be installed and operated in compliance with the applicable provisions of this chapter . (Ord. 2491, 1 Jul 81) . 15 . 20 . 210 Installation. The distance between oil field recovery heaters and residential, commercial, and public as- sembly buildings shall be as follows : (a) Oil-fired recovery heaters : five hundred (500) feet . 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 h, (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 .7 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) 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. I (c) Dikes and Capacity Requirements . All persons owning , operating or having control of storage tanks , clarifying tanks or tanks used in connection with the production of oil shall construct and maintain dikes around said tanks . Drainage dikes and walls shall be constructed and maintained to meet the 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 Setbacks . 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) 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 leasehold, 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 Equipment . (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 (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 locations . 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 leasehold, 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 l 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 i by reference, and its provisions are enforceable as part of this code in all operations related to oil production, storage, processing and transportation. I r I � 1 , IN I -25' 1 I SAFETY SIGHT ANGLE HUNTINGTON BEACH C4LIFORNIA --)I VISION (-�! 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--Developed 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 walls, redwood slatting, or other comparable materials for use with chain link fabric shall be of a solid neutral color, compatible with surrounding uses, and maintained in a neat, orderly, and secure condition. Neutral colors shall include sand, %rey, 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) 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 for Developed Areas--Drilling and Activation. Prior to the issuance of any drilling or activation permit, a landscaping plan which meets the requirements of this chapter shall be submitted for review and approval by the Fire Chief and the Director of 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) _J _ 1 15 . 22 . 060 Landscaping--Minimum Requirements . The minimum f 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 fi"Ve (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 1 operation: TREES : Eucalyptus Camaldulensis (Red River gum) Eucalyptus Sideroxylon (Red Iron bark) ; Metrosideros Tomentosa (New Zealand Christmas tree) ; Myoporum Laetum (Myoporum tree) . SHRUBS : Nerium Oleander (oleander) ; Escallonia Fradesi (Pink Princess) ; Metrosideros Tomentosa (New Zealand Christmas tree--bush form) ; Myoporum Laetum (Myoporum--bush form) ; Photinia Fraseri (Red Leaf .Photinia) ; Raphiolepis Indica Springtime (Pink Indian hawthorn) ; Carissa Grandiflora (natal plum) ; Moraea Irioidies (fortnight lily) ; hemerocallis hybrids (day lily) ; Agapanthus Africanus (Lily of the Nile) ; Liriope Gigantea (turf lily) . GROUND 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) h -:I I r o TANK AITETANK PERERIMEME ffENCE 0 0 WELL Elpq iLANDSCAPE AREA EXAMPLES OF. LANDSCAPE AREA FIGURE 1 `JTINC�TON BEACH C4LIFORNIA 1 'r='` ; DIVISION j r APPROVED PERIMETER FENCE TANK � O WELL a � 0 0 o - LANDSCAPE AREA c EXAMPLES OF LANDSCAPE AREA FIGURE 2 "'NTINGTON BEACH C4LIFORNIN DIVISION r- - 15 . 24 . 010--15 . 24 . 040 - . Chapter 15 . 24 CLEANUP AND MAINTENANCE Sections : 15 . 24 . 010 Cleanup After Well Servicing . 15 . 24 . 020 Oil 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 j 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) 15 . 24 . 040 Releasing of Fluids . No person shall deposit, place, discharge, or cause or permit to be placed, deposited, or discharged any oil , naptha, petroleum, asphaltum, tar, 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 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 84 ; Ord. 2491, 7/81) 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) 15 . 28 . 010--15 . 28 . 030 l 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) 1, 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) 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) 8' A 1 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) 15 . 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 mechaniclly 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 :l 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 Chapter 15 .35 of this code are adhered to and satisfied. (b) The notice shall indicate the name and location of the well in question and a statement by the 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 requirements, the responsible party must file a "Notice of Intent to Abandon a Well" (Fire Department form FD-061) 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 tr1e 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 EsL%i° �' i 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 accomodate 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 . J 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 Hearing . 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 maybe removed and the nuisance abated by the City, t` and the cost of removal assessed upon the lands and buildings .;: from or in front of which the nuisance is removed and such cost s: = 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 . 36 . 020 Work--Costs Report--Hearing on Assessment . The work shall proceed under tf?e 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) 'I 15 . 36 . 030 Notice of Lien Filed to Pay Assessment . If the cost of assessment is approved by the City Council after the hearing thereof, a notice of lien shall be filed in the office of the County Recorder for each parcel of land involved, and when recorded, shall be delivered by the Fire Chief to the County Controller and Assessor who is expressly authorized to enter the amount thereof in the County 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 gollected, 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) r" z, 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 p g q 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 Services . 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 >f 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) 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 . 050 Test Permit . At the request of the applicant and prior to the. issuance of the activation permit, the Fire Chief may grant a test permit for a period not to exceed ninety (90) days . This test permit is to authorize the applicant to operate the well on a test basis to determine if said well is capable of producing in the quantities specified in this code. The test permit shall not be issued unless the drill site and oil operation is in compliance with all the provisions of this title and other applicable provisions of the Huntington Beach Ordinance Code except that equipment, materials and operations necessary for the conducting of the_ test shall be permitted. Should the well fail to produce oil, gas, or other _µ 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 Order . If, at any time, any operator is in violation of any of the provisions of this title, the Fire Chief may order compliance and set a reasonable period of time for same. If compliance is not obtained within the time period specified, the 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) CHAPTER 15 . 50 CONSOLIDATION PROJECTS Sections • 15 . 50 . 010 Purpose 15 . 50 . 020 Abandoments 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, odof'-, 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. Y�I i i 15 . 50 . 020 Abandonments The sealing and abandonment of existing wells which will be replaced by the project shall be 1 completed within eighteen (18) months of the date of commencement ofdrilling operations for the consolidation project . All abandonments shall be done according to the requiremens of the Division of Oil and Gas and the City of Huntington Beach. 15 . 50 . 030 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 . 050 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 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 adquate level of safety for the consolidation operations . 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 adjourned meeting thereof on the day of 1989 . Mayor ATTEST: APPROVEDI AS TO FORM: City Clerk Attorney,�Z�1�-'p -"n REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator ire. Chief ATTACHMENT #4 CITY SPECIFICATION #422 , OIL WELL ABANDONMENT PERMIT PROCESS (CITY SPECIFICATIONS N N Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTON BEgC�{ PERMIT PROCESS FIRE CODE SECTION: ARTICLE 79 For Information Relative To This Specification Contact Huntington Beach Fire Department I. TOPIC Required procedures for the abandonment or reabandonment of oil wells. 11. CODE Huntington Beach Fire Code Article 79, Huntington Beach Municipal Code Title 15. III. CITY OF HUNTINGTON BEACH OIL AND GAS WELL REVIEW PROCEDURE Name of Applicant Street City Zip Code Phone Plan Check No. Plan Checkers Name Signature Phone Number A review of State Division of Oil and Gas maps indicated that your proposed construction site located at lies within the boundaries of Oil Field County There is/are (number) active, idle, . or abandoned well(s) located on or adjacent to the site; therefore,''before abuilding permit can be issued, it is necessary to obtain a site-plan review from the State Division of Oil and Gas. The Division of Oil and Gas will determine if affected wells have been abandoned to current standards. Wells not abandoned to current standards may require abandon m ent/reabandonm ent. THE STATE DIVISION OF OIL AND GAS RECOMMENDS THAT A DILIGENT EFFORT BE MADE TO AVOID BUILDING OVER OR IN THE PROXIMITY OF ANY WELL. 1152F (10/89) Page I of 8 (CITY SPECIFICATIONS '� �Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTON BEACH PERMIT PROCESS FIRE CODE SECTION: ARTICLE 79 For Information Relative To This Specification Contact Huntington Beach Fire Department SITE REVIEW PROCEDURES TO BE FOLLOWED BY PROJECT APPLICANT A. Contact: Division of Oil and Gas 245 West Broadway, Suite 475 Long Beach, California 90802 213-590-5309 B. Provide the following information: I. Well Location(s) 2. Oil Field Map 3. Well Operator Well Name Well No. a. b. C. d. e. f. 9• h. i. j• k. 4. Major Cross Street (or other identifier) C. The applicant must submit the above well information to the Division of Oil and Gas (DOG) office. The DOG engineers will review the data and provide the applicant with the well location information. D. Using the well locations provided by the DOG, uncover the well(s) and have the location(s) surveyed by a licensed surveyor. If any well cannot be located using the original description of record, a diligent effort, including excavation, must be made to locate it. Some surface indications that may help in locating wells are metal detector responses, the presence of well cellars, oil field debris, and oil-saturated earth. 1152F (10/89) Page 2 of 8 'LCITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTO PERMIT PROCESS FIRE CODE SECTION: 79 For Information Relative To This Specification Contact Huntington Beach Fire Department Plot the location of each well on the site plan. The well survey description must reference a point on the site plan which, in turn, must reference a point on an existing DOG map if a common point is not available. Identify each well with the name of the company/operator and well designation. Submit three (3) copies of the final site plan and three (3) copies of each well location survey to the Huntington Beach Fire Department for verification of the plotted well locations. Following well location verification, the Huntington Beach Fire Department will forward them to the DOG for site evaluation. i The site plan should indicate the property boundaries, an area of at least twenty-five (25) feet outward from the perimeter of the property, any proposed or existing structures, and any existing or proposed roads or streets that pass through or are immediately adjacent to the property. The site plan should also include a plot (to scale) of all existing and proposed oil field facilities (tanks, processing equipment, enclosures, pipelines, etc.) that will be operating on the site after completion of the proposed development. You must also include a description of the existing type and height of all oil field enclosures and list any facility .modifications that are part of the development plans. E. The following procedures are to be used to locate site plan wells and to verify that an adequate search was completed: Step I. The developer/landowner shall have a licensed surveyor survey the well locations using the "Location of Record" and shall excavate a hole that is at least fifteen (15) feet long, fifteen (15) feet wide, and twelve (12) feet deep, if necessary. If any indications of an oil well are observed upon completion of the excavation, or if there is any information available that original conditions have changed since the well was drilled, a larger hole may be required. Step 2. If the well -s not located using procedures listed in Step I, a metal detector all be used to survey the area (inside and .outside the excavation). All safety precautions must be observed while working inside the excavation site. If it is unsafe to enter the excavation, the metal detector can be lowered by means of a rope and/or extension device. Step 3. The developer/landowner shall excavate all indicated metal detector locations by digging a hole that is at least ten (10) feet long, ten (10) feet wide, and twelve (12) feet deep, if necessary. If any indications of an oil well are observed upon completion of the excavation, or if there is any information available that the original conditions have changed since the well was drilled, a larger hole may be required. 1152F (10/89) Page 3 of 8 CITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTONg E�G H PERMIT PROCESS FIRE CODE SECTION: ARTICLE 79 For Information Relative To This Specification Contact Huntington Beach Fire Department Step 4. The developer/landowner shall notify the DOG to witness all completed excavations before they are refilled. Pictures shall be taken of all excavations and each picture labeled appropriately. A DOG engineer should also review the well survey. Step 5. If the well search efforts prove unsuccessful, the DOG representative and the developer shall prepare a brief written report describing the search procedures and attach the excavation pictures. F. A DOG engineer will review the submitted plans to determine what well work is required. The DOG engineer will prepare Form OG190, which will indicate the wells that need to be abandoned or reabandoned before a building permit can be issued. Form OG190 will also include requirements and recommendations regarding any active well facilities that will remain after the development is completed. When the review is complete, the reviewing engineer will affix the DOG certification stamp to the three (3) copies of the site plans and three (3) copies of Form OG 190. Two (2) copies (along with two (2) copies of the well location surveys) will be returned to the Huntington Beach Fire Department, which will then forward one (1) copy to the applicant. The remaining copy will be retained by the DOG's district office. ABANDONMENT PERMIT PROCESS A. Before any well operations are commenced, an application to abandon or reabandon each well must be filed with the DOG (Form OG 108 or OG 123). This application must out Tine the work proposed to upgrade the well to current requirements. B. The Division will respond with a permit (Form OG111) that sets forth the conditions and requirements to be met. n, C. A well abandonment contractor may be retained by the applicant to do the required abandonment work. D. The well operator or abandonment contractor must file a "Notice of Intent to Abandon a Well" (Form FD-061) with the Fire Department for each well to be abandoned. Once all necessary permits and approvals have been obtained, abandonm ent work m ay com m ence on or subsequent to the date so stated. E. The Fire Department must witness welding of the top plate. 1 152F (10/89) Page 4 of 8 CITY SPECIFICATIONS H- N Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTOPFff(&E 79 PERMIT PROCESS FIRE CODE SECTION: For Information Relative To This Specification Contact Huntington Beach Fire Department F. When the well work is complete and all records received, the Report of Operations (Form OG 109) and the Report of Well Abandonment or Reabandonment (Form OG 159) will be issued. A copy of each will be sent to the Fire Department and the applicant. NOTE: IF, DURING THE CONSTRUCTION PROCESS, ANY PREVIOUSLY UNKNOWN WELL IS DISCOVERED, THE DIVISION OF OIL AND GAS MUST BE NOTIFIED IMMEDIATELY SO ABANDONMENT REQUIREMENTS CAN BE DETERMINED. PRIOR TO RELEASE OF BUILDING PERMITS The following criteria must be met: A. Analysis of well by a State of California registered Petroleum Geologist or Petroleum Engineer. (These may be obtained in the Pacific Coast Oil Directory, or Personnel Directory of California Oil and Gas Producers.) B. Review by the City of Huntington Beach. C. Protection Designs (if needed). 1. Vapor venting systems 2. Methane barrier 3. Methane detection system 4. Additional requirements E. The Department shall witness the welding of the metal top plate. Said top plate shall be welded by a licensed welder, and shall be at least the thickness of the metal casing to which it will be attached. The top plate shall be free of any nipples and/or valves, and the following shall be placed on its surface with welding rod I. Date said plate was welded 2. Well name 3. API number 4. Name of abandonment company 1152F (1.0/89) Page 5 of 8 CITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTON Bl q, 79 PERMIT PROCESS I I FIRE CODE SECTION: AR For Information Relative To This Specification Contact Huntington Beach Fire Department F. The termination of the top metal casing of the well shall be a minimum of ten (10) feet below surface grade. G. Any abandoned well underneath or within ten (10) feet of ANY structure shall be vented. I. All well venting systems shall be approved by the Fire Chief. 2. .These systems shall allow vapors and/or gases to escape a minimum of sixteen (16) feet above grade and/or twelve (12) inches above the slope of the roof line where the vent pole extends through the roof from an exterior wall. 3. When the vent is routed through a structure, the vertical venting exhaust pole shall be installed in an exterior wall only. 4. An approved methane detection system shall be installed in all subterranean structures built over abandoned or reabandoned wells. H. Isolation Barrier Requirements 1 . Well located on or near the property to be developed, and within ten (10) feet of, or underneath 'the proposed structures; isolation barrier required. 2. Well located on or near property to be developed, but NOT underneath or within ten (10) feet of the proposed structures: a. Located within defined methane zone: 1) Well abandoned and in full compliance with the most current DOG standards; NO isolation barrier required. .,, -- 2) Well abandoned to the equivalent of current DOG standards, and accepted by the DOG; isolation barriers required for all structures within a fifty (50) foot radius of the well. 3) Well abandoned, but do NOT meet the most current DOG standards nor their equivalent; isolation barriers required for all structures within a one-hundred (100) foot radius of the well. b. Not located within defined methane zone; NO isolation barrier required. 1152F (10/89) Page 6 of 8 CITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTOf RWVE 79 PERMIT PROCESS FIRE CODE SECTION: For Information Relative To This Specification Contact Huntington Beach Fire Department I. Prior to the review of an oil well abandonment or reabandonment, the Fire Department must receive two (2) copies of DOG Form OG 190 and two (2) copies of an approved site plan/well location survey. J. Proven well with integrity. K. Disclosure to future property owners. L. All submitted reports must be legible. M. A fee of $244 shall be assessed for each new review. MINIMUM REQUIREMENTS FOR CONTENT OF ABANDONED OR REABANDONED WELL DISPOSITION REPORT A. Well History - When drilled, when abandoned. Special shooting or recompletion work. Production oil and gas at, or last reported prior to, abandonment. B. Casing and Liner - Types and depths, pipe grades. Submit copies of DOG 'Well History' form. C. Cement - Location and amounts; completion and abandonment. Submit copies of DOG 'Abandonment' form and pertinent well cementing data. D. Zonal Depths - List oil and/or gas show depths. E. Copy of Electric Log and/or Core Data and/or ditch or sidewell sample description and/or Drillers Log. F. Diagram of well showing.casing, cement, and zones roughly to scale. G. Gas leaks encountered during or after work on well; report change. What is analysis of gas (C I, C2, C3,.C4, C5, etc.), approximate flow; heavy, medium, light? H. Final status of abandonment: I. Meets all present day DOG Standards or; 2. Meets equivalent standards, and has been accepted by the DOG, or; 3. Does not meet present day DOG Standards, nor their equivalent. 1 152F (10/89) Page 7 of 8 (CITY SPECIFICATIONS Specification no: 422 Description: OIL WELL ABANDONMENT REFERENCE HUNTINGTO,M11-BEACF� 79 PERMIT PROCESS FIRE CODE SECTION: FZ i �C Lt For Information Relative To This Specification Contact Huntington Beach Fire Department I. Recommended safety measures, including, but not limited to: I. Passive exterior venting system. 2. Downhole vent system. 3. Methane detection systems. 4. Hydrogen sulfide detection systems. 5. Continuous, flexible, permanent, nonpermeable barrier under foundations and slabs. J. Level of safety for structures built over or near the well(s). i APPROVE C DATE: Raym n C. Picard; Fire Chief 1152E (10/89) Page 8 of 8 City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Mr . Don Weir Weir Oil Company 401 Twentieth Street Huntington Beach, CA 92648 City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Shell Western E & P Inc West Coast Production Division P . 0 . Box 11164 Bakersfield, CA 93389 Mr . Subrata Sen Staff Environmental_ Engineer Shell Oil Company Mr. Bill Wilder 20101 Goldenwest Street Huntington Beach, CA 92648 -ity of Huntington Beach P.O.BOX 190 CALIFORNIA 92649 Eagle Pass Energy Corp. 977.7 Wilshire Blvd. , Suite 808 Beverly Hills, CA 90212 Attn : Mr . C . E . Christie City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Mr. John Carmichael Angus Petroleum Co . 5772 Bolsa Avenue, Suite 210 Huntington Beach, CA 92649 P.O.BOX 190 CALIFORNIA 92648 Mr. Larry Rinehart Chevron USA 20031 Goldenwest Street Huntington Beach, CA 92648 i a City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Mr . Spence Sheldon Signal Landmark 2120 Main Street , Ste 190 Huntington Beach, CA 92648 City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Mr. Robert Cronk 18312 Hartlu.nd Lane Huntington Beach , CA 92646 P.O.BOX 190 CALIFORNIA 92648 South Coast Oil Company 9777 Wilshire Blvd. , Suite 808 Beverly Hills, CA 90212 Attn: Stephen T. Harris T City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Independent Oil Producers Assoc . Jack Teberg 20422 Beach Blvd. Huntington Beach, CA 92648 Y <.1Ly V1 11LL11L111gLU11 ncacn P.O.BOX 190 CALIFORNIA 92648 Shell Western E & P Inc . Huntington Beach Unit 20101 Goldenwest Street Huntington Beach, CA 92648 Attn : Mr . Mike Furman Huntington Beach Company Mr . Ray Byer_ley 2120 Main Street, Suite 190 Huntington Beach, CA 92648 City , of, Huntington Beach ' P.O.BOX 190 CALIFORNIA 92648 Western States Petroleum Assoc . Mr . Michael Wang 505 N. Brand Blvd. , Suite 1400 Glendale, CA 91203 City of Huntington Beach04 j P.O.BOX 190 CALIFORNIA 92648 j Mr . Richard Manuel, Operations Supervisor Division of Oil- and Gas 245 West Broadway, Suite 475 Long Beach, CA 90802-4455 P.O.BOX 190 CALIFORNIA 92648 Mr . Mel Wright Geological & Petroleum Consultant 5772 Bolsa Avenue, Suite 210 Huntington Beach, CA 9.2649 � CLER� City of Huntington Beach r P.O.BOX 190 CALIFORNIA 92648 Unocal Oil & Gas Division 9645 S . Santa Fe Springs Rd . Santa Fe Springs, CA 90670 Attn : Mr . R. Y. Salisbury r SAO. .yco s REQUEST FOR CITY COUNCIL ACTION '��3 1 January 22, 1990 Date -Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator � Prepared by: Jim B. Engle, Acting Director, Comm 1 y Service APPROVED BY CITY COUNCI Subject: CLARK #1 OIL WELL ABANDONMENT 19h Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception C RK Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE There is a need, for safety reasons, to properly abandon Clark #1 Oil Well in Huntington Central Park. RECOMMENDATION Approve the expenditure of up to $91 ,300 from the Park Acquisition and Development Fund's Unappropriated Fund Balance for the abandonment of Clark #1 Oil Well in Huntington Central Park. ANALYSIS The Fire Department, which coordinates oil well inspections and abandonments for the city, indicates that due to potential risk to citizens and the environment, it is necessary to abandon Clark #1 to the standards set by the State Department of Oil and Gas. This oil well is located northwest of Ellis and Golden West in Huntington Central Park. .The city's geologist and petroleum consultant estimates the abandonment cost to be approximately $83,000. A total of $91 ,300, which includes a 10 percent contingency, is being requested. FUNDING SOURCE Park Acquisition and Development Fund's Unemcumbered Fund Balanc ALTERNATIVE ACTION Postpone Clark #1 Oil Well abandonment, until the entire section of park is developed, and abandon this well with the other wells located west of Golden West in Huntington Central Park. ATTACHMENTS December 19, 1989 memo regarding Clark #1 Oil Well Fiscal Impact Statement JBE:mb 0706E/46 PI O 4/84 W Fe'JE CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Jim Engle, Superintendent From Mark Bodenbender .- ---- --Community Services Fire Protection Specialist Subject A. C. MARION TRUSTEE Date December 19, 1989 CLARK #1 OIL WELL During a routine inspection of the Clark #1 oil well the following deficiencies were observed: 1. Fluid was found in and around the area of the conductor casing. 2. An LEL reading of three percent (3%) combustible gas was recorded. 3. Absence of surface cement plug. 4. Absence of a welded metal plate of prevent accidental entry by children. The above information was submitted to our Geological and Petroleum Consultant, Mel Wright, for review. Due to potential risks to citizens and the environment, it is strongly recommended by the Fire Department as well as Mel Wright that the reabandonment of the Clark #1 take place immediately. The cost of this project is estimated at $83,000. If I can assist you in the abandonment process, please contact me. MB/sr cc: Chief Picard Chief Vincent DFM Groat 0013f HnCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ` To PAUL E. COOK From ROBERT J. FRANZ City Administrator Deputy City Administrator Subject REQUEST FOR APPROPRIATION Date JANUARY 12, 1990 TO ACCOMMODATE REMOVAL OF OIL WELL IN CENTRAL PARK FIS 90-02 As required under the Authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed abandonment of Clark #1 oil well located in Huntington Central Park. Anticipations are that an appropriation of $91,300 would be adequate for this project. An affirmative response by the City Council would reduce the balance of the City's undesignated, unreserved Park Acquisition and Development Fund to $1,073,813. RO ERT J N Deputy City A ministrator RJF:sd 4951 j �/