Loading...
2196ORDINANCE NO. 2196 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 172 CHAPTER 17.12 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO THE DRILLING AND PRODUCTION OF HYDROCARBON SUBSTANCES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1: That Title 17, Chapter 17.12 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: "CHAPTER 17.12 - OIL DRILLING AND PRODUCTION REGULATIONS "SECTION 17.12.010 - DESCRIPTION AND PURPOSE This chapter is intended to provide for the drilling, redrilling and servicing of oil wells, and to promote the orderly utili- zation and development of the existing and potential oil resources within the City of Anaheim. "SECTION 17.12.020 - DEFINITIONS The following terms as used in this Chapter shall, unless the context clearly indicates otherwise, have the respective mean- ings herein set forth: (1) ABANDONMENT is the restoration of the drill site as required by these regulations. (2) CITY MANAGER shall mean and include the City Manager of the City of Anaheim OR HIS DESIGNATED REPRESENTATIVE. (3) A.P.I. is the American Petroleum Institute. (4) APPROVED: Approved by the City Manager. 'Approved Type', or 'Approved Design', is and includes improve- ments, equipment or facilities of a type or design approved by the City Manager. (5) A.S.M.E. is the American Society of Mechanical Engineers. (6) BLOW-OUT is the uncontrolled discharge of gas, liquid, or solids or a mixture thereof from a well into the atmosphere. (7) BLOW-OUT PREVENTER is a mechanical, hydraulic or pneu- matic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith designed and capable of preventing a blow-out. (8) CELLAR is an excavation around or above the top joint of the casing in a well. (9) COMPLETION OF DRILLING. A well is completed, for the purpose of these regulations, thirty (30) days after the drilling crew has been released, unless drilling -1- r or remedial operations are resumed before the end of the thirty (30) days. (10) DERRICK is any framework, tower, or mast together with all parts of an appurtenance to such structure, includ- ing any foundations, pump house, pipe racks, and each and every part thereof, which is or are required, or used, or useful for the drilling for and the production of oil, gas or other hydrocarbons from the earth except tanks used for storage purposes. (11) DESERTION is the cessation of operations at a drill site without compliance with the provisions of the chapter relating to suspended operations or abandon- ment. (12) DILIGENCE as used in these regulations, shall mean that the drilling derrick is in its operating position over the well, properly anchored and supported and that an operating crew is on duty at the drill site at all reasonable times. (13) DIVISION OF OIL AND GAS shall mean the Division of Oil and Gas of the Department of Conservation of the Resources Agency of the State of California or any other state agency that may in the future be charged with its responsibilities. (14) DRILLING means digging a hole in earth formation with a power driven drill bit for the purpose of exploring for or developing of oil or gas. Drilling includes those operations that are concerned with the completion of a well. 'Drilling' does not include `shot hole.' (15) DRILL SITE is the premises used during the drilling and subsequent life of a well or wells, which is neces- sary for the safe operations thereof. (16) DWELLING shall mean any building or structure which has for its primary purpose human residence. (17) GAS means the gaseous components or vapors occurring in or derived from petroleum or natural gas. (18) LESSEE is the possessor of the right to exploit the premises for minerals. (19) LESSOR is the mineral right owner. (20) MAINTENANCE means and includes the repair and replace- ment of parts of a structure where same does not alter or lessen the strength or stability of the structure. (21) NATURAL GASOLINE PLANT or ABSORPTION PLANT is a plant for the processing of natural gas from the production wells and processed into its various components. (22) OIL includes petroleum, and petroleum includes oil. (23) OPERATOR is the person, whether proprietor, lessee or independent contractor, actually in charge and in con- trol of the drilling, maintenance, operation or pumping of a well or lease. -2- (24) 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' means the exterior limits of the land included in the lease or unit. In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity. (25) OWNER is a person who owns a legal or equitable title in and to the surfaces of the drill site. (26) PERSON includes any individual, firm, association, corporation, joint venture, or any other group or com- bination acting as a unit. (27) RE -DRILLING shall mean the deepening of an existing oil well or otherwise drilling beyond the extremities of the existing well case. The provisions of this Chapter relating to drilling shall be equally applicable to re - drilling. (28) SEISMIC PETROLEUM PROSPECTING. Prospecting for oil by means of drilling holes into the ground, placing an explosive charge therein, and detonating such charge, thereby exciting an energy or sound wave through the earth, the results of which are recorded and read by seismograph equipment placed at various locations on the surface of the earth. (29) SHOT HOLE: The hole drilled in seismic petroleum pros- pecting. (30) SOURCE OF IGNITION means any flame, arc, spark, or heated object or surface capable of igniting, flammable liquids, gases, or vapors. (31) STREET is a public or private right-of-way which affords primary means of access to abutting property. (32) STRUCTURE shall mean anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. A structure shall include, but not be limited to, a tank, edifice, or building of any kind. (33) SUSPENDED OPERATIONS is the approved, temporary suspen- sion of drilling or re -drilling operations pending a resumption of operations or abandonment. (34) TANK is a container, covered or uncovered, used in con- junction with the drilling or production of an oil well, for holding or storing liquids at or near atmos- pheric pressure. (35) WELL or OIL WELL is a well or hole drilled into the earth for the purpose of exploring for or extracting from the earth oil, gas, or other hydrocarbon substances or a well or hole in the earth by means of and through which oil, bas, and other hydrocarbon substances are -3- extracted, produced, or capable of being produced from the earth, or a well or hole for the purpose of second- ary recovery or disposal thereof. 'Well does not in- clude 'shot hole.' (36) WELL SERVICING is remedial or maintenance work performed within any existing well which does not involve drill- ing or re -drilling. "SECTION 17.12.030 - PERMITS (1) A permit from the City Manager shall be obtained; (a) For drilling or re -drilling operations in connec- tion with the exploration for or the production of petroleum, or for the purpose of secondary recovery. (b) To erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure. (2) No permit shall be required for well servicing or main- tenance of or for any structure for which a building permit is not required. "SECTION 17.12.040 - PERMIT PROCEDURE The applicant shall file an application in writing for a per- mit on a form furnished for that purpose by the City Manager. The application shall be accompanied by: (1) A complete legal description of the property. (2) A fully informative plot plan showing the location of the well, the location of which has been staked on the ground, appurtenant structures and their relation to any existing hospital, sanitarium, church, rest home, airport, school, and dwelling within the radius required by this Chapter. (3) Pians and engineering specifications of structures, drilling derricks, drilling masts, tanks, and high pressure systems regulated by this Chapter. Applicant need not file plans and engineering specifications of standard derricks, masts and tanks when such plans and specifications are already on file with the City Mana- ger. (4) A corporate surety bond in conformity with the provisions of Section 17.12.050. (5) A verified statement signed by the applicant certify- ing that he is duly authorized by operator to make and file the application and that he has read the applica- tion and the same is true and correct. (6) An acknowledged statement in writing by the owner of the surface rights of the drill site and by the owner of any private land over which access is had to the drill site granting to the City of Anaheim the right to -4- enter upon the dr -ill site and such private land for the purpose of inspection and restoring the premises in tie event %he applicant should fail to do so. (7) A statement as to the means by which liquid spills will be removed from diked area or catchment basins. (S) Such other pertinent information as may be required by the City Manager. (9) A drilling permit may be amended insofar as it relates to the drill site area and a drill site may be modified as to size and shape by filing with the City Manager of a modified plot plan if the modified drill site con- forms to the applicable provisions of this Chapter but not otherwise. SECTION 17.12.050 - BONDS (1) Existing wells. A bond in the form required by this Section shall be filed for each existing well within thirty (30) days following the effective date of this Ordinance. (2) New wells. A bond in the form required by this Section, shall accompany every application for the drilling or re - drilling of any oil well for which a bond is not on file. (3) Bond forms. Bonds shall be on a form approved by the City Manager and City Attorney and shall be filed with the City Clerk. (a) Single Bonds. Corporate surety bonds in the penal sum of five thousand dollars ($5,000). The bond shall be exe- cuted by the operator as Principal and by the auth- orized surety company as Surety and conditioned that the Principal named in the bond shall faith- fully comply with all the provisions of this Chapter in drilling or re -drilling and maintaining all production facilities as required by this Chapter until properly abandoned in conformity with the provisions hereof. The bond shall secure the City of Anaheim against all costs, charges and expenses incurred by it by reason of the fail- ure of the Principal to fully comply with the provisions of this Chapter. The bond shall include the correct name or number of the well and such other information as may be necessary to readily identify the oil well. (b) Blanket Bonds. Any operator may, in lieu of filing a single bond for each well as required by the foregoing Sub- sections (1) and (2) of this Section, file a bond -5- in the amount of twenty-five thousand dollars ($25,000) to cover all of his said operations conducted within the City of Anaheim. A rider to said bond shall be filed with the City Clerk show- ing the correct name or number of the well and such other information as may be necessary to readily identify the oil well for each well covered by the bond. (4) Default in performance of conditions - notice to be given: (a) Whenever the City Manager finds that a default has occurred in the performance of any requirement or condition of these regulations, written notice thereof shall be given to the Principal and to the Surety on the bond. (b) Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Manager to be reasonably neces- sary for the completion of such work. (c) After receipt of such notice, the Surety shall within the time therein specified either cause or -require work to be performed, or failing therein, shall pay over to the City of Anaheim the esti- mated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty- five percent (25%) of said estimated cost. Upon receipt or such monies, the City Manager shall proceed by such mode as he deems convenient to cause the required work to be performed and com- pleted, but no liability shall be incurred therein other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the Division of Oil and Gas, such additional monies may be demanded from the Surety as is necessary to restore the drill site in conformity with the regulations of this Chapter. (5) Exoneration Any bond issued on compliance with these regulations shall be terminated and cancelled and the Surety be relieved of all obligations thereunder when the well has been properly abandoned in conformity with all regulations of this Chapter and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the City Manager. (6) Substitution A substitute bond may be filed in lieu of any bond on file hereunder and the City Manager shall accept and file the same if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated but only if the City Manager finds that all of the conditions of last mentioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned. "SECTION 17.12.060 - PERMIT FEES (1) Drilling or Re -Drilling Permit Fees A fee for each drilling permit or re -drilling permit shall be paid to the City of Anaheim as set forth in Subsection (5) of this Section. Where drilling, re -drilling construction, or other work for which a permit is required by this Chapter is started or proceeded with prior to obtaining said per- mit, the fees hereunder specified shall be doubled, but the payment of such double fee shall not relieve any persons, firms, corporations or employees from fully complying with the requirements of this Chapter or the execution of the work, nor from any other penalties prescribed herein. (2) Plan Checking Fees A plan checking fee shall not be charged for the derrick or its appurtenances. A plan checking fee shall be charged for all permanent buildings, production tanks, washing tanks, skim ponds and such other structures not directly connected with the derrick itself. A plan checking fee shall be charged for oil well cellars designed to accommodate more than one oil well. Said plan checking fee shall be equal to one-half of the building permit fee as set forth in Subsection (5) hereunder. (3) Annual Inspection Fees The City Manager shall inspect annually and at such other times as he deems necessary, each producing oil well and suspended oil well regulated by this Chapter for the purpose of ascertaining whether the well is being operated or maintained in conformity with the minimum standards of this Chapter. To meet the expense of such inspection, the operator shall pay to the City of Anaheim an annual inspection fee as specified in Subsection (5) of this Section. The year for which each fee is applicable runs from July 1 to June 30. The fees shall be based upon the total number of wells existing (whether producing or not) on July 1. The fees shall be due prior to July 10th of the year to which they pertain. No additional fee shall -be charged for additional inspections which may be required during the year. The City Manager shall keep a permanent, accurate account of all annual inspection fees collected and received under this Chapter, the name of the operator for whose account the same were paid, the date and amount thereof, together with the well name and designation and the general location of the well. A report of the City Manager's annual inspection findings shall be furni- shed the operator. (4) Building Permit Fees A building permit fee shall be charged for the erection or construction or relocation of any permanent building, -7- tank cr other structures hereinabove included and such fee shall be based on the total valuation of the struc- ture when completed. (5) Permit and Inspection Fees (a) The sum of One Hundred Dollars ($100.00) shall be charged for the drilling or re -drilling of any oil well, no part of which shall be refundable. (b) Annual Inspection Fees The sum of Ten Dollars ($10.00) per well shall be charged for the annual inspection of each existing, suspended or producing oil well. (c) All construction work for which a building permit is required shall be based upon the fees listed in the current Uniform Building Code adopted by the City Council of the City of Anaheim. (6) Permit Utilization No permit issued hereunder shall be valid unless utiliza- tion of the privileges granted thereby be commenced with- in ,�iicty (60) days from and after the date of issuance of the permit and diligently and progressively prosecuted thereafter. "SECTION 17.12.070 - DRILLING AND OPERATING (1) Location of Oil Wells (a) No oil well shall be drilled within the following distances measured from the centerline of any local street, or any highway shown on the Master Plan of Arterial Highways, as amended: Major Highways: 210 feet Primary Highways: 203 feet Secondary Highways: 195 feet Local Streets: 180 feet, except that in the case of a local street, the right of way which is more than 60 feet in width, the dis- tance shall be 150 feet plus one-half of the exist- ing right-of-way. In the case of a local street, the right-of-way of which is more than sixty (60) feet in width, the City Manager may determine that because of the degree of slope or other feature of the topography, a lesser distance than one-half of the right-of-way in addition to the one hundred - fifty (150) feet is reasonable to insure the safety of the traveling public in conformity with the pur- pose and intent of this provision, in which case the distance thus set by the City Manager shall prevail. No oil well shall be drilled within one hundred fifty (150) feet of the nearest rail of a railway which carries passengers for hire. (b) No oil well shall be drilled within one hundred fifty (150) feet of any building used for human occupancy, nor shall any such buildings be erected within one hundred fifty (150) feet of any oil well not abandoned, except buildings incidental to the operation of the well. No oil well shall be drilled within one hundred fifty (150) feet from the outer boundary line. (c) No oil well shall be drilled within three hundred (300) feet of any building used as a place of public assemblage, institution, or school; nor shall any such building be erected within three hundred (300) feet of any oil well not abandoned. (d) Where special circumstances warrant a modification of the distances set forth by subsection (1) hereof, the City Manager may impose less restrictive require- ments if such provisions or requirements are rendered unnecessary or unreasonable by the then existing special features, such as topography, na- ture of the use and occupancy, buildings and roadways. The City Manager may also impose additional safety requirements rendered necessary because of such special features or because of an modification granted pursuant to subsection (1 of this Section. (e) Any modifications exceeding twenty-five percent (25%) of the distance requirements set forth in subsection (1) of this Section shall be reviewed and approved by the City Council. (2) Private Roads and Drill Sites Prior to commencement of any drilling operations, all private roads used for access to the drill site and the drill site itself shall be surfaced by clean crushed rock, gravel or decomposed granite, or oiled, and maintained to prevent dust and mud. In particular cases these requirements governing surfac- ing of private roads and drill sites may be altered at the discretion of the City Manager after consideration of all of the circumstances including but not limited to distances from public streets and highways, distances from adjoining and nearby properties whose surface rights are not leased by the operator and the purposes for which the property of such owners are or may be used, topographic features, nature of the oil and exposure to the wind. (3) Derricks All derricks and masts hereafter erected for drilling or re -drilling shall be at least eqquivalent to the Ameri- can Petroleum Institute Standards 4A, 14th Edition and 4D, 3rd Edition. (4) Signs A sign having a surface area of not less than two (2) square feet and no more than four (4) square feet bear- ing the current name and number of the well and the name -9- i and/or insignia of the operator shall be displayed at all times from the commencement of drilling operations until the well is abandoned. In the event there are more than two (2) producing wells on one leasehold, it shall be sufficient if the entrances to said leasehold are posted with a sign not less than 18 inches by 24 inches bearing the name of the operator together with the name or designation of the lease, together with an openly visible sign on each producing well designating the particular number thereof. (5) Blow -Out Prevention Protection shall be provided to prevent the blow-out of an oil well, during drilling and re -drilling opera- tions and shall conform to the requirements of the State of California Petroleum Safety Orders - Drilling and Production Section 6691 of the Administrative Code of California. (6) Blow -Out Prevention for Wells Other Than Drilling Wells (a) Protection shall be provided to prevent the blow- out of an oil well, conforming to the requirements of the State of California Safety orders - Drilling and Production, Section 6692 of the Administrative Code of California in the following cases: 1. During perforating, shooting or cutting off a string of casing. 2. During well servicing operations on a well that is known to have sufficient gas pressure to cause the well to flow, or where the gas pres- sure is unknown. (b) The operator shall notify the City Manager, in writing, at least one (1) day before any of the operations described in this Subsection are commen- ced. In the event that the day following the day on which notice be given falls on a Saturday, Sunday, or holiday, then such additional days' notice must be given as may be required so that there shall be one day, Saturday, Sunday and holidays ex- cepted, between the date notice is given and any of the said operations commenced. (7) Waiver of Blow -Out Prevention Requirements The blow-out preventive requirements of the foregoing Subsections (5) and (6) may be waived by the City Manager upon such conditions and for such operations as he may determine, upon written application by the opera- tor and upon a showing by him of sufficient cause therefor based upon information regarding depth of hole, probable gas pressures to be encountered, the proposed drilling, completion or abandonment program or whatever further information the City Manager may require. (8) Sumps or Sump Holes Rotary mud, drill cuttings, oil field waste, oil or liquid hydrocarbons and all other oil field wastes -10- r derived or resulting from, or connected with the drilling of any well shall be discharged into a sump hole or steel tank. Such drill cuttings, rotary mud, and drilling waste materials shall be removed from the drill site upon completion of drilling operations. Tanks used as and for sump purposes shall be removed from the drill site and sump holes shall be drained and back-filled within thirty (30) days from and after completion of drilling. (9) Fencing All sumps or sump holes and oil well production equipment having external, moving parts hazardous to life or limb shall be attended 24 hours per day or be enclosed by a steel chain link type fence not less than six (6) feet in height and in addition having not less than three (3) strands of barbed wire sloping outward at approximately a 45° degree angle and for eighteen (18) inches from the top of the fence. There shall be no aperture below such fence greater than four (4) inches. Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended by a watchman or service man. (10) Cellars The following regulations shall apply to cellars: (a) Every cellar shall be constructed in accordance with the Uniform Building Code, adopted by the City Council, of the City of Anaheim. (b) Such cellars shall be kept free from water, oil drilling, fluids, or other substances which might constitute a hazard, except during drilling and servicing operations. (c) The depth of such cellars shall be the vertical measurement between the lowest point of the floor area in the bottom of such cellar and the lowest point of ground or any surface adjacent to the top of the cellar wall. (d) All multi -well cellars exceeding three (3) feet in depth and twenty-five (25) feet in length shall have two separate means of entrance or exit. If the cellar exceeds fifty (50) feet in length, one of the means of entrance or exit shall be a stairway. If the cellar exceeds two hundred (200) feet in length, a third means of entrance or exit shall be provided. (e) Multi -well cellars shall have a steel grate cover- ing with no unobstructed openings in excess of three (3) inches. Materials, equipment, or other appurtenances shall not be stored or placed on the grating so as to interfere with the escape of gases and vapors. (11) Removal of Equipment All drilling equipment and the derrick shall be removed from the premises within sixty (60) days following the completion, abandonment or desertion of any well. Once the well is a producing well, it shall be serviced with -11- a portable derrick when required. Drilling operations shall be diligently prosecuted until the well is com- pleted or abandoned. (12) Soundproofing Soundproofing shall comply with the following specifica- tions when required by the provisions of Section 18.14 of the Anaheim Municipal Code. Soundproofing accoustical blankets for the drilling derrick and accessory struc- tures shall be: Fibrous glass insulation 1�" thick, 0:50 pounds per cubic foot, density, .063 pounds per square foot, weight, .00010 to .00015 fiber diameter (inches) with a phenolic binder having a temperature limit of 450°F. sewed between layers of fire retardent, vinyl fiber glass cloth, 15-17 ounces per square yard sewed with dacron thread D-92 with stitches not more than 6 to the inch. The lacing cord shall be flat vinyl coated tape composed of fibrous glass yard braided, heat set and bonded. The tape shall have a 90 pound ten- sile strength. Grommets shall be #4 brass. All doors and similar openings shall be kept closed, during drilling operations, except for ingress and egress. (13) Alternate Materials and Methods of Construction The provisions of this Chapter are not intended to prevent the use of any material or method of construc- tion not specifically prescribed by this Chapter, pro- vided any such alternate has been approved. The City Manager may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the intent of this Chapter and that the material or method offered is, for the purpose intended, at least the equivalent of that prescribed in this Chap- ter in quality, strength, effectiveness, fire resistance, durability and safety. The City Manager shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Whenever there is insuf- ficient evidence of compliance with the intent of this Chapter or evidence that any material or any construc- tion does not conform to the requirements of this Chap- ter or in order to substantiate claims for alternate materials or methods of construction, the City Manager may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency. Test methods shall be as specified by this Chapter, for the material in question. If there are no appropriate test methods specified in this Chapter, the City Mana- ger shall determine the test procedure. Copies of the results of all such tests shall be re- tained for a period of not less than two (2) years after the acceptance of the materials or methods. -12- "SECTION 17.12.080 - ABANDONMENT PROCEDURE It shall be the responsibility of the City Manager to determine that the drill site and all facilities pertinent thereto have been restored to their original condition as nearly as practi- cable in conformity with the regulations of this Chapter includ- ing the following requirements: (1) STANDARD (a) It shall be the responsibility of the operator to comply with the abandonment provision of this Chap- ter and he shall furnish the City Manager with (1) a copy of the approval of Division of Oil and Gas confirming compliance with all abandonment proceed- ings under State law, and (2) a notice of intention to abandon under the provisions of this Section and stating the date such work will be commenced. Aban- donment may then be commenced on or subsequent to the date so stated. Abandonment shall be approved by the City Manager after restoration of the drill site and the subsur- face thereof has been accomplished in conformity with the following requirements: 1. The derrick and all appurtenant equipment thereto shall be removed from the drill site. 2. All tanks, towers and other surface installations shall be removed from the drill site. 3. All concrete, pipe, wood and other foreign mater- ials shall be removed from the drill site to a depth of six (6) feet below grade, unless part of a multi -well cellar then being used in con- nection with any other well for which a permit has been issued. 4. The oil well casing shall be cut off at a point six feet (6) below the drill site grade at the cellar. Nothing shall be placed in the hole above the point of cut-off until the cut-off has been inspected by the City Manager and by him found to be in compliance with allapplicable provisions of law. 5. The top twenty-five feet (25) of the remaining casing shall be filled with a cement plug to prevent gas fumes from escaping. 6. A steel cap of not less than the same thickness as the well casing shall be tack welded to the casing in a minimum of four (4) places. 7. All holes and depressions shall be filled and packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site. (2) Conversion to Water Well A well may be converted to a domestic or agricultural water well upon the approval of the City Manager after: -13- (a) A request in writing by the land owner has been made to the City Manager. (b) An original or certified copy of the approved con- version permit from the Division of Oil and Gas has been furnished the City Manager. (c) All the provisions of abandonment in the preceding subsection have been complied with except that those appurtenances necessary for the operation of a water well may be retained. "SECTION 17.12.090 - CALLED INSPECTIONS Except as provided in Subsection (2) hereof no drilling, re - drilling, work or construction shall be done beyond the point indicated in each successive inspection without first obtaining the written approval of the City Manager. (1) Site Preparation (a) The well location shall be clearly marked by a stake or other suitable means and identified as the 'well location.' (b) The drill site shall be prepared as required in these regulations and shall be of such size so as to pro- vide for the safe erection of the mast or derrick and all appurtenant structures thereto as indicated on the approved plot plan. (c) Any private road used for ingress and egress of equip- ment to the drill site shall be prepared as required by these regulations. (d) The proposed well shall be located in conformity with these regulations as to the distances from streets, outer boundaries, public buildings and dwellings. (2) Commencement of Drilling The City Manager shall be called and notified when the drilling derrick or mast has been erected in conformity with these regulations and all necessary equipment perti- nent to the drilling operations thereof has been installed and is on the site. Drilling may proceed prior to inspec- tion of the derrick or mast, provided that its design has been previously approved by the City Manager. It will be the obligation of the City Manager to inspect such facili- ties as to their conformity with these regulations as soon as reasonably practicable. (3) Release of Drilling Crew The City Manager shall be notified immediately in writing, when the drilling crew is released and it shall then be his duty to inspect. (4) Completion of Drilling Upon completion of drilling operations an inspection re- quest shall be called for. -14- i (5) Abandonment An inspection shall be made subsequent to the approval of the abandonment notice and the City Manager shall certify that the well has been abandoned in conformity with all regulations to a depth of six (6) feet below grade. "SECTION 17.12.100 -NOTICES REQUIRED (1) Service of Notice Every operator of any oil well shall designate an agent who is a resident of the State of California, upon whom all orders and notices provided in this Chapter may be served in person, or by registered, or certified mail. Every operator so designating such agent shall within ten (10) days notify the City Manager in writing, of any change in such agent or such mailing address unless opera- tions within the City are discontinued. Service by registered, or certified mail, or in person on the agent so designated shall constitute service for all purposes of this Chapter. (2) Transfer of Operator The operator shall notify the City Manager in writing of the sale, assignment, transfer, conveyance, or exchange by said operator of wells, property and equipment within ten (10) days after such sale, assignment, transfer, conveyance or exchange. The notice shall contain the fol- lowing: (a) The name and address of the person to whom such well and property was sold, assigned, transferred, con- veyed 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. (e) A description of the pm perties and equipment trans- ferred. Every person who acquires any well, property, or equipment, whether by purchase, transfer, assign- ment, conveyance, exchange, or otherwise shall within ten (10) days after acquiring such well, property, or equipment notify the City Manager, in writingg, of his ownership. The notice shall contain the follow- ing; 1. The name and address of the person from whom such well and property was acquired. 2. The name and location of the well. 3. The date of acquisition. 4. The date possession was acquired. -15- 5. A description of the properties and equipment transferred. 6. The person designated for service of notice and his address. (3) Suspension of Drilling and Re -Drilling Operations The operator of any well shall notify the City Manager, in writing, of any temporary suspension of operations, pend- ing a resumption of operations or abandonment. The City Manager, for good cause, may approve temporary suspension of operations. Such notice shall be filed with the City Manager within thirty (30) days from and after release of drilling crew. Failure of the City Manager to act within ten (10) days shall constitute approval thereof. The operator shall notify the City Manager, in writing, upon resumption of operations giving the date thereof. (4) Change in Drilling Contractor The operator before changing drilling or re -drilling con- tractors, shall file with the City Manager a written notice of the change, giving the name of the original contractor, and the name of the proposed contractor, and such information as was originally required to meet the design and structural requirements of this Chapter. Such notice shall be attached to and become a part of the original oil drilling or re -drilling permit. "SECTION 17.12.110 - STORAGE FACILITIES (1) Storage Capacity (a) Maximum tank capacity for each producing oil well. If oil or other liquid storage facilities are estab- lished incidental to a producing well on a drill site, such storage facilities shall not exceed a total of 2,000 barrels per well. (2) Design and Construction of Tanks All tanks shall be constructed in conformity with the current Uniform Building Code adopted by the City Council of the City of Anaheim. (3) Foundations and Supports Tanks shall rest directly on the ground or on foundations, supports or pilings of concrete, masonry, steel, crushed rock or wood. Exposed piling or steel supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two (2) hours. Stairs, platforms and walkways which extend more than three feet (3') above the surrounding ground level shall be of in- combustible construction. (4) Spacing Between Tanks (a) No tank for the storage shall be located closer other such tank. -16- of any flammable liquid than three feet (3') to any (b) For tank for the petrole be less than tank. s above storage um, the 50,000 of any distance one-half t gallons ind flammable 1 between s he diameter ividual iquid, e uch tanks of the capacity xcept crude shall not smaller (c) Tanks for the storage of crude petroleum having capacities not exceeding 126,000 gallons (3,000 barrels) shall not be less than three feet (3') apart; tanks ba.ving a capacity in excess of 126,000 gallons (3,000 barrels) shall not be less than the diameter of the smaller tank apart. (d) The minimum separation between liquified petroleum gas container and any other tanks for the storage of any flammable liquids shall be twenty feet (20'). Suitable means shall be taken to prevent the accumu- lation of flammable liquids under adjacent liquified petroleum gas containers such as by diking, diversion curbs or grading. When -flammable liquid storage tanks are diked, the liquified petroleum gas con- tainers shall be outside the diked area and at least ten feet (10') away from the center line of the dikes. The foregoing provision shall not apply when liqui- fied petroleum gas containers of 125 gallon or less capacity are installed adjacent to Class III flammable liquid storage tanks of 275 gallons or less capacity. (5) Location of Tanks Minimum distance between to the nearest building which may be built upon: any or li outside ne of a above ground djoining prop tank erty (a) Flammable liquids other than those having boil -over (b) Crude petroleum characteristics flammable liquid 50,000 gallons: and other 1 similar to tanks with -17- iquids having boil -over crude petroleum and capacity in excess of characteristics similar to crude petroleum; Capacity of Tank Class of Minimum Flammable Liquid Distance 0 to 275 gals. III 0 feet 276 to 750 gals. III 5 feet 0 to 750 gals. I and II 10 feet 721 to 12,000 gals. III 10 feet 751 to 12,000 gals. I and II 15 feet 12,001 to 24,000 gals. I, II and III 15 feet 24,001 to 30,000 gals. I, II and III 20 feet 30,001 to 50,000 gals. I, II and III 25 feet (b) Crude petroleum characteristics flammable liquid 50,000 gallons: and other 1 similar to tanks with -17- iquids having boil -over crude petroleum and capacity in excess of STORAGE FACILITIES Crude Petroleum and Tanks with Capacities in Excess of 50,000 Gallons Tanks with capacities in excess of 50,000 gallons and all tanks for the storage of crude petroleum shall be located in accordance with the following provisions (applicable to gas-tight tanks includ- ing conservation type tanks constructed in compliance with these or equivalent standards): PRODUCT STORED TANK PROTECTION DISTANCE FROM LINE OF ADJOIN- ING PROPERTY WHICH MAY BE BUILT UPON SHALL BE NOT LESS THAN Refined Petroleum Group 1) An approved perman- Greatest dimension Products or other A ently attached ex- of diameter or flammable liquids Tanks tinguishing system height of tank, not subject to or except that such boil -over 2) An approved float- distance need not ing roof exceed 120 feet Group Not equipped with 1k times the B either of the above greatest dimension Tanks of diameter or height of tank except that such distance need nat exceed 175 feet Group 1) An approved perma- 2 times the C nently attached greatest dimen- Tanks extinguishing sys- sion of diameter tem or or height of tank 21 An approved float- except that such ing roof distance shall not be less than 20 feet and need not exceed 175 feet Crude Petroleum* Group Not equipped with 3 times the D either of above greatest dimen- Tanks sion of diameter or height of tank except that such distance shall not be less than 20 feet and need not exceed 350 feet GROUP A TANKS Any.gas-tight tank* constructed in compliance with these or equivalent standards and equipped either with: r A. An approved permanently attached extinguishing system, or B. An approved floating roof, which is to be used only for the storage of refined petroleum products or other flammable liquids not subject to boil -over, shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than the greatest dimension' of diameter or height of the tank, except that such distance need not exceed 120 feet. GROUP B TANKS Any gas-tight tank* constructed in compliance with these or equivalent standards but not equipped either with: A. An approved permanently attached extinguishing system, or B. An approved floating roof, which is to be used only for the storage of refined petroleum products or other flammable liquids not subject to boil -over shall be so located that the distance from the line of adjoinint property which may be built upon shall be not less than 12 times of the greatest dimension of diameter or height of the tank, except that such distance need not exceed 175 feet. GROUP C TANKS Any gas-tight tank* constructed in compliance with these or equivalent standards and equipped either with: A. An approved permanently attached extinguishing system, or B. An approved floating roof, which is to be used for the storage of crude petroleum, shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than twice the greatest dimen- sion of diameter or height of the tank except that such distance shall be not less than 20 feet and need not exceed 175 feet. GROUP D TANKS Any gas-tight tank* constructed in compliance with these or equivalent standards not equipped either with: A. An approved permanently attached extinguishing system, or B. An approved floating roof, which is to be used for the storage of crude petroleum, shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than three times the greatest dimension of diameter or height of the tank except that such distance shall be not less than 20 feet and need not exceed 350 feet. NOTE: The term 'approved attached extinguishing system,' as used in the foregoing description may be interpreted to apply to: A. A fixed foam or other recognized extinguishing system em- bodying a supply of the extinguishing medium, or, *The term gas-tight tank includes so-called conservation type tanks. -19- 1 _. B. A system employing a pipe line for conveying foam from a point outside the dike to the tank, or, C. Portable overshot devices for applying foam over the rim of the tank. Where reliance is placed on a pipe line for conveying foam, the pipe line shall be so installed and attached as to be an integral part of the tank. Where reliance is placed on a portable overshot device the prac- ticability of its use shall be demonstrated before approval. Approved foam generating equipment of sufficient capacity should be available on the property, by response of a muni- cipal or other public fire department, or otherwise readily available; and there should be on hand or otherwise readily available a sufficient supply of foam -producing materials as specified in HBFU Standards for Foam Extinguishing Systems No. 11. D. Buildings essential to the operation of the storage facili- ties (building location). No building used for human occu- pancy, except buildings essential to the operation of the storage facilities shall be erected within the distances set out in the tables above, from such storage tanks. (6) Diverse Ownership Where tank locations of diverse ownership have a common boundary, the City Manager may, with the written consent of the owners, waive the required distances from the com- mon property line and substitute the space between tanks as provided in this Section. (7) Dikes, Diversion Walls and Catchment Basins (a) Required Tanks used for the storage of crude petroleum and other flammable liquids having similar boil -over character- istics shall be diked, or provided with approved diversion walls and catchment basins, or combinations thereof. (b) Location No catchment basin or diked impounding area shall be located closer to the outer boundary line, or to any building designed for human occupancy than the diameter or height (whichever is greater) of the largest tank served by such basin or area, nor shall any building designed for human occupancy be erected or placed closer than such distance to any catchment basin or diked impounding area. (c) Capacity The net capacity of a catchment basin, diked impound- ing basin, or any combination thereof shall be equal to the capacity of the largest tank, plus 10% of the ag- gregate capacity of all other tanks served. In com- puting the required capacity of a catchment basin, diked impounding basin or combination thereof: -20- I. The volume of the largest tank up to the height of the dike shall be considered as part of the available capacity of a diked impounding basin. 2. No part of the volume of tanks other than the largest tank shall be considered as part of the available capacity. 3. The capacity of a separate catchment basin may be used to reduce the required capacity of a diked impounding basin provided drainage sufficient to prevent overflow of the dike and effective control of flow are provided. 4. The capacity of a single separate catchment basin may be applied to reduce the required capacity of each of the diked impounding basins draining into it. (d) Construction Dikes shall be of earth, concrete or solid masonry designed to be liquid tight and shall be maintained. Where piping passes through dikes, provision shall be made for movement without damage to the dike and to minimize leaks under emergency conditions. Earthen dikes shall be built and maintained at a minimum height of two feet (2'), have sloping sides consistent with the angle of repose of the material used, and be not less than two feet (2') wide at the top. The distance between the inside toe of any dike and the shell of the tank shall be not less than five feet (5') for tanks and not more than thirty feet (30') in diameter and ten feet (10') for tanks in excess of thirty feet (30') in diameter. I. Spill Dikes. Where tanks within a common diked impounding basin may cause mutual exposure from spills, spill dikes shall be provided between tanks of 10,000 barrels or greater individual capacity. Groups of tanks of less than 10,000 barrels individual capacity and not in excess of 15,000 barrels aggregate capacity may be enclosed within a single spill dike. The height of such spill dike shall not exceed 50% of the height of the main or perimeter dikes. 2. Drainage. Drainage shall be provided at a consis- tent slope of not less than 1% away from tanks and fittings to a sump, drain box or other safe means of disposal located within the diked im- pounding area and at the greatest possible dis- tance from the shell of the tank. Traps with not less than six (6) inches of liquid seal shall be provided between the sumps, drain boxes or sewer openings within any impounding area and the sewers or drains intended for the disposal of spills. A valve, operable from outside the dike, shall be provided in the dike drain system and shall normally be kept closed. -21- 3. Disposal. Approved provisions shall be made fox disposing of water and of oil retained by dikes, impounding or catchment basins. (8) Suspension of Requirements In particular installations, some or all of the requirements of Subsection (4), (5) and (7) of this section governing storage facilities maybe suspended, in whole or in part, or less restrictive requirements may be imposed pending further order of the City Manager, where such requirements are rendered unnecessary or unreasonable by reason of the then existing special features such as; topography, nature of occupancy and proximity to buildings on adjoining property, the height and character of construction of such buildings, capacity and construction of the proposed tanks and the character of liquids to be stored, the degree of private fire protection to be provided and the facilities of the fire department to cope with flammable liquid fires. (9) Skim Ponds Any open, accessible, surface or subsurface -installation used for the disposal of permitted waste liquids shall be fenced in accordance with the preceding fencing pro- vision. (10) Loading by Truck from Production Tank Sites (a) Location Tank vehicle loading racks, loading platforms or movable loading spouts or arms dispensing flammable liquids shall be separated from tanks, warehouses, other buildings, public streets and nearest line of property that may be built upon a clear distance of not less than twenty-five (25') feet measured from the nearest position of any fill stem. Build- ings for pumps or for shelter of loading personnel may be part of the loading rack or platform. No person shall load or unload, or permit the loading or unloading of a tank vehicle unless such vehicle is located outside of any public street right-of- way. (b) Loading and Unloading Operations During the loading or unloading of a tank vehicle, a qualified person shall be at the loading or unload- ing controls. Provision shall be made for the safe disposal of the oils released by over -flow and from loading spouts or lines. "SECTION 17.12.120 - HIGH PRESSURE PIPE SYSTEMS All piping subjected to pressures in excess of 150 P.S.I. shall be constructed and installed in accordance with the Building Code of the City of Anaheim adopted by the City Council. -22- I IT - " "' ­­ _­ , , "' """' "SECTION 17.12.130 - FIRE PREVENTION: SOURCES OF IGNITION (1) Electrical Equipment All electrical equipment used, installed or maintained within fifty feet (50') of a drilling well and within twenty-five feet (25') of a producing well shall be in- stalled and maintained in accordance with the regulations of the California Electrical Safety Orders, Article 223, Hazardous Locations, Class I, Division 2. (2) Internal Combustion Engines, Storage Tanks, Fired Equipment and Open Flames No internal combustion engine, storage tanks, boiler, fired equipment or open flames except welding supervised by the production foreman, drilling foreman, drilling engineer, drilling supervisors, or safety supervisors shall be loca- ted closer than twenty-five feet (25') to a producing well nor closer than one hundred feet (100') to a drilling well. Internal combustion engines (and their fuel tanks) used in the drilling production and servicing of oil wells are exempt from the above provisions. During drilling opera- tions on a drill site of 2 acres or less in area where two or more wells are drilled and drilling and production equipment are located on such sites, the provisions of this Subsection relating to distances of storage tanks may be altered at the discretion of the City Manager after consi- deration of the special features such as: topographic conditions; nature of occupancy and proximity to buildings on adjoining property and height and character of con- struction of such buildings; capacity and construction of proposed tanks and character of liquids to be stored; degree of private fire protection to be provided, and faci- lities of the fire department to cope with flammable liquid fires. (3) Muffling Exhaust The engines used in connection with the drilling of any oil well or in any production equipment of any oil well shall be equipped with an exhaust muffler to prevent excessive or unusual noise. Means shall be provided on all engines used during drilling operations to prevent the escape of flames, sparks ignited carbon and soot. (4) Flammable Waste Gases and Vapors Flammable waste gases or vapors escaping from a production drill site shall be burned or controlled to prevent hazard- ous concentrations reaching sources of ignition or otherwise endangering the area. (a) Flares Approved means of ignition shall be provided whenever hydro -carbon gases are released to the air through flares. -23- Til (b) Venting Gases or vapors not burned may be discharged to the atmosphere at not less than twenty feet (20') verti- cally above grade and not less than twenty-five feet (25') horizontally from any source of ignition and at locations that do not create a hazard to the general area. (5) Waste Control of Drill Site (a) No person shall permit or cause to be permitted the discharge of any liquid containing crude petroleum or its products into or upon any street, public highway. drainage canal or ditch, storm drain or flood control channel. (b) No person shall permit or cause to be permitted any oil, waste oil, refuse or waste material to be on the surface of the ground, under, around or near any oil well, pump, boiler, oil storage tank or building ex- cept within an oil sump, tank, catchment basin or skimming pond. (c) All land within twenty-five feet (25') of any oil well, flammable liquid tank or other appurtenance to any such well shall be at all times kept free and clear of dry weeds, grass, rubbish or other combustible debris. When this distance is not sufficient to pro- vide reasonable fire safety, a greater distance may be required which shall not exceed the height of the derrick or the greatest dimension of the tank. (6) Smoking No person shall smoke or cause, permit or allow another per- son to smoke within fifty feet (50') of any well, tank location, or any area contaminated by oil or waste gas. (7) Fire Control Equipment A minimum of two (2) fire extinguishers shall be maintained at all oil well locations where drilling, servicing or repair work is being conducted. Each such extinguisher shall have a minimum classification of 20B as set forth in NBFU No. 10, NFPA No. 10, 'First Aid Fire Appliance.' "SECTION 17.12.140 - APPEALS (1) The City Council of the City of Anaheim shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made in the administration or enforcement of any of the provisions of this Chapter. (2) An appeal shall be in writing and shall be filed in the office of the City Clerk. An appeal from any order, re- quirement, decision or determination must set forth speci- fically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by the evidence in the matter. -24- (3) No appeal filed later than ten days from and after the date of the order, requirement, decision or determination complained of, will be accepted by the City Council. (4) The City Manager shall transmit to the City Council at their next regular meeting, all papers involved in the proceedings of the appeal. In addition, he may make and transmit to the City Council such supplementary report as he may deem necessary to present clearly the facts and circumstances of the case. (5) Upon receipt of the record, the City Council shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant and to the City Manager and any other party at interest who has requested in writing to be so notified and no other notice need be given. (6) Upon the date of the hearing, the City Council shall hear the appeal, unless for cause the City Council shall on that date continue the matter. No notice of continuance need be given if the order therefore be announced at the time for which the hearing was set. (7) Upon the hearing of such appeal, the City Council may affirm, change or modify the ruling, decision or determina- tion appealed from or in lieu thereof may make such other or additional determinations as it shall deem proper in the premised subject to the same limitations as are placed upon the City Manager by this Chapter and by other pro- visions of law. "SECTION 17.12.150 - ENFORCEMENT AND PENALTY It shall be the duty of the City Manager to enforce the provisions of the Chapter. Any violation or failure to comply with any of the provisions of this Chapter shall render such persons subject to the penalties and provisions of Section 1.01.3 70 of the Anaheim Municipal Code." SECTION 2: The City Clerk shall certify to the passage of this ordi- nance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 19th day of October � 19 65 r, MAY 0 THE ITY F HE M ATTEST: tTTY__CL__ERK OF THE CITY OF ANAHEIM}T'_ -25- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM } I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2196 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 5th day of October, 1965, and that the same vias duly passed and adopted at a regular meeting of said City Council held on the 19th day of October, 1965, by the following vote of the members thereof: AYES: COUNCILMEN; Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of , Anaheim approved and signed said Ordinance No. 2196 on the 19th day of October, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 19th day of October, 1965. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE'M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance is the original Ordinance No. 2196 and was published once is the Anaheim Bulletin on the 29th day of October, 1965. CITY CLERK