Carson, CA Zoning Ordinance

The following Sections of Part 2 apply only to those operations subject to a CUP or DA, except for those existing operations as noted in CMC § 9501(B).

§ 9500 Purpose.

This Chapter shall be known as the "Oil and Gas Ordinance of the City of Carson."

It is the purpose of this Chapter, amongst other things, to protect the health, safety, environmental quality and general welfare of the City by the reasonable regulation of oil and gas facilities, equipment, and operations, including but not limited to: exploration; production; storage; processing; transportation; disposal; plugging abandonment and reabandonment of wells; operations and equipment accessory and incidental thereto and development and redevelopment of oil and gas sites. It is further the intent of the City that oil and gas operations shall be permitted within this City (except where expressly prohibited herein), subject to the application of this Chapter and all other applicable laws, regulations and requirements.

It is not the intent of this Chapter to regulate public utility operations for the storage or distribution of natural gas under the jurisdiction of the California Public Utilities Commission (CPUC). Any well or site related operations, however, shall be subject to this Chapter.

(Ord. 16-1590, Exh. B (§ 1))

§ 9501 Ordinance Applicability.

The regulations in this Chapter shall apply, insofar as specifically provided herein, to oil and gas production and related sites and facilities, equipment, structures, or appurtenances including, but not limited to:

Drilling and abandonment operations of any new or existing well or reentry of a previously abandoned well for the production of oil and gas.

Sites, infrastructure, structures, equipment, and/or facilities necessary and incidental to processing of oil, produced water, gas, and condensate obtained from an oil and gas field, zone, subsurface lease or area.

Injection wells and incidental equipment necessary for enhanced oil recovery or disposal of produced water.

Equipment and facilities necessary for enhanced oil recovery including water flooding, steam flooding, air injection, carbon dioxide injection, or introduction of polymers, or other techniques.

Pipelines located within an oil and gas lease area that are necessary for oil and gas production operations.

Pipelines that transport oil or gas to another location for sale or transfer to a third party.

Storage tanks and equipment necessary or incidental to gathering, separation or treatment of oil, water, and gas, and/or temporary storage of separated fluids and gases, and transfer of the produced hydrocarbons to pipelines or tanker trucks.

Oil spill containment and recovery equipment, and facilities including offices, storage spaces, and vehicles for the storage of floating oil and water separators, pumps, generators, hosing, assorted absorbent materials, steam cleaners, storage tanks, and other land and wildlife cleanup and recovery equipment.

All portions of this Chapter are applicable to new or existing oil and gas sites and operators if they have or are required to obtain a CUP. For oil and gas sites lawfully existing at the time of adoption of this Chapter which do not have or are not required to obtain a new CUP, only the following sections are applicable:

CMC § 9506, Well Drilling Permit.

CMC § 9507.4(B), Modifications and Extensions.

CMC § 9510, Facility Closure, Site Abandonment, and Site Restoration Procedures.

CMC § 9521(C), Setback Requirements.

CMC § 9522, Site Access and Operations.

CMC § 9523, Lighting.

CMC § 9526, Signage.

CMC § 9527, Steaming.

CMC § 9530, Safety Assurances and Emergency/Hazard Management (except CMC § 9530.4).

CMC § 9531, Environmental Resource Management (except CMC § 9531.3 and § 9531.5.1).

CMC § 9532, Standards for Wells (except CMC § 9532(G)).

CMC § 9535, Operational Prohibitions.

CMC § 9536, Prohibited Uses.

All decisions related to this subsection (B) are appealable as per CMC § 9505. Violations of these sections shall also be subject to enforcement mechanisms contained in this Chapter and this Code.

To the extent this Chapter applies to existing oil and gas sites, it is not intended to apply in such manner as to interfere with any vested rights that have accrued to property owners.

The provisions of this Chapter which impose any limitation, prohibition, or requirement, or confer a right on the basis of the distance between a well or any other use or improvement and another zone classification, use or improvement, shall be applied solely with reference to zone classification uses and improvements within the City.

(Ord. 16-1590, Exh. B (§ 1))

§ 9502 Allowable Uses.

Table 1-1 below specifies what City zoning designations allow for oil and gas sites and, if allowable, what type of authorization is required for the use.

* In addition to the zones listed in the table below, oil and gas sites shall be permitted in any specific plan area where such uses are specifically allowed in accordance with the requirements of this Chapter.

** CUP indicates a requirement for a Conditional Use Permit, while DA indicates a development agreement.

TABLE 1-1
Zoning Designation	Oil and Gas Facility/Site Permit Required by Zone
Residential
RS Residential Single-Family	Prohibited
RM Residential Multi-Family	Prohibited
RA Residential Agricultural	Prohibited
Commercial
CN Commercial Neighborhood Center	Prohibited
CR Commercial Regional Center	CUP or DA¹
CG Commercial General	CUP or DA¹
CA Commercial Automotive	Prohibited
MU-CS Mixed-Use-Carson Street	Prohibited
MU-SB Mixed-Use-Sepulveda Blvd.	Prohibited
Industrial
ML Manufacturing, Light	CUP or DA¹
MH Manufacturing, Heavy	CUP or DA¹
Open Space and Special Uses
Open Space	Prohibited
Special Uses	Prohibited

Notes:
1. Development agreement provisions apply as specified in CMC § 9508.

(Ord. 16-1590, Exh. B (§ 1))

§ 9503 Definitions.

Unless the context otherwise requires, the definitions hereinafter set forth shall govern the construction of this Chapter.

"Abandoned well"

means a nonproducing well DOGGR so designates after it has been demonstrated that all steps have been taken to protect underground or surface water suitable for irrigation or other domestic uses from the infiltration or addition of any detrimental substance, and to prevent the escape of all fluids to the surface.

"Acid fracturing"

is an acid well stimulation treatment that, in whole or in part, includes the pressurized injection of acid into an underground geologic formation in order to fracture the formation, thereby causing or enhancing the production of oil or gas from a well.

"Acid matrix stimulation treatment"

is an acid well stimulation treatment conducted at pressures lower than the applied pressure necessary to fracture the underground geologic formation.

"Acid volume threshold"

means a volume per treated foot of well stimulation treatment, calculated as per DOGGR consistent with DOGGR Statutes and Regulations.

"Acid well stimulation treatment" or "acidizing"

is defined in the DOGGR Statutes and Regulations and means a well stimulation treatment that uses, in whole or in part, the application of one (1) or more acids to the well or underground geologic formation. The acid well stimulation treatment may be at any applied pressure and may be used in combination with hydraulic fracturing treatments or other well stimulation treatments. Acid well stimulation treatments include acid matrix stimulation treatments and acid fracturing treatments.

"Air injection"

is an enhanced oil recovery process utilizing compressed air that is injected into a reservoir. Oxygen in the gas reacts exothermically with some of the oil, producing highly mobile flue gas. The flue gas advances ahead of the reaction front and achieves an efficient displacement of the in situ oil.

"API"

refers to the American Petroleum Institute.

"ASTM"

shall mean the American Society of Testing and Materials.

"City Manager"

is the City's administrative official, and the City Manager's designated assistants, inspectors and deputies having the responsibility for the enforcement of this Chapter. The City Manager is authorized to consult experts qualified in fields related to the subject matter of this Chapter and codes adopted by reference herein as necessary to assist in carrying out duties. The City Manager may also appoint such number of officers, inspectors, assistants and other employees and/or appoint a Petroleum Administrator to assist in carrying out duties. If the City Manager determines it is necessary based on public health, safety or welfare, he or she may require any information as deemed reasonably necessary for a CUP or an abandonment application.

"Cyclic steaming" or "steaming"

shall mean a production method with alternating steam flooding and subsequent oil production from the same well. Consistent with Section 3157(b) of Division 3 of the California Public Resources Code, cyclic steaming is not considered to be a well stimulation treatment.

"DOGGR"

is the Division of Oil, Gas and Geothermal Resources which is part of the Department of Conservation of the State of California. DOGGR oversees the drilling, operation, maintenance, and plugging and abandonment of oil, natural gas, and geothermal wells.

"DOGGR Statutes and Regulations"

are the California statutes and regulations related to or governing DOGGR, at Division 3 of the California Public Resources Code, Oil and Gas, and the California Code of Regulations, Title 14, Division 2.

"Drill" or "drilling"

is to bore a hole in the earth, usually to find and remove subsurface formation fluids such as oil and gas. Drilling, under this Chapter, includes redrilling and reworking of wells.

"Enforcement action"

is any administrative, injunctive, or legal action (either civil or criminal), to enforce, cite or prosecute a violation or efforts to abate or correct a violation (or dangerous or hazardous situation caused by a violation), including investigation, research, legal action, physical abatement, law enforcement and other necessary acts.

"Enhanced oil recovery"

is the injection of steam, gas, or other chemical compounds into hydrocarbon reservoirs to stimulate the production of usable oil beyond what is possible through natural pressure and pumping at the wellhead.

"EPA"

refers to the U.S. Environmental Protection Agency.

"Existing,"

as applied to oil and gas sites, wells or other facilities and operations, refers to and includes all that were lawfully in existence at the effective date of the ordinance codified in this Chapter.

"Exploratory well"

is defined in the DOGGR Statutes and Regulations and means any well drilled to extend a field or explore a new, potentially productive reservoir.

"Facilities"

include tanks, compressors, pumps, vessels, and other equipment or structures pertinent to oil field operations located at an oil and gas site.

"Gas"

means any natural hydrocarbon gas coming from the earth.

"Gas plant"

means processing equipment for produced gas to separate, recover, and make useful natural gas liquids (condensate, natural gasoline (e.g., pentenes), and liquefied petroleum gas, etc.), to separate, remove, and dispose of other nonhydrocarbon substances, such as water, sulfur, carbon dioxide, ammonia, etc., and to produce utility-grade gas suitable for delivery and sale.

"High risk operation"

means an oil or gas production, processing or storage facility which: (a) has been in violation of any applicable section of this Chapter for more than thirty (30) consecutive days and resulted in the issuance of a notice of determination of fines pursuant to CMC § 9514 during the preceding twelve (12) months; or (b) has had three (3) separate unauthorized releases of oil, produced water and/or other hazardous materials of a quantity not less than fifteen (15) barrels (six hundred thirty (630) gallons) other than within secondary containment for each incident during the preceding twelve (12) months.

"Hydraulic fracturing"

is defined in the DOGGR Statutes and Regulations and means a well stimulation treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid into an underground geologic formation in order to fracture, or with the intent to fracture, the formation, thereby causing or enhancing, for the purposes of this Chapter, the production of oil or gas from a well.

"Idle well"

is defined in the DOGGR Statutes and Regulations and is any well that has not produced oil or natural gas or has not been used for injection for six (6) consecutive months of continuous operation during the last five (5) or more years. An idle well does not include an active observation well.

"Natural gas liquids"

(NGLs) include propane, butane, pentane, hexane and heptane, but not methane and ethane, since these hydrocarbons need refrigeration to be liquefied.

"New development"

means any of the following: (1) development of new buildings, structures or wells for oil and gas operations on a site that has either not previously been used for such activities, or where the previous use was abandoned, or a CUP expired or was revoked; (2) the expansion by three (3) or more wells at an existing site used for oil and gas operations and which conforms to setback requirements; (3) the placement or erection of tanks for holding produced substances or substances intended for subsurface injection in connection with oil and gas operations exceeding by twenty-five (25) percent or more the capacity of existing tanks as of the effective date of the ordinance codified in this Chapter. New development does not include the like-kind replacement of facilities required for legally operating oil and gas operations that are damaged, failed, are at risk of failure, or are at the end of their useful life at an existing site. New development does not include workovers or other maintenance for legally operating oil and gas operations, including replacement-in-kind, or redrills of existing active or idle wells. Redrills of abandoned wells are considered new wells under this Chapter.

"New well"

is defined by the DOGGR Statutes and Regulations as the drilling of a well that requires the submission of the DOGGR Form OG105, Notice of Intention to Drill New Well – Oil and Gas, as may be updated or amended. For the purposes of this Chapter, the redrilling of an abandoned well is considered a new well.

"NFPA"

refers to the National Fire Protection Agency.

"Oil"

is a simple or complex liquid mixture of hydrocarbons that can be refined to yield gasoline, kerosene, diesel fuel, and various other products.

"Oil and gas operations"

are all activities in connection with the exploration, drilling for and the production of oil and gas and other hydrocarbons, together with all incidental equipment and appurtenances thereto.

"Oil and gas site" or "site"

is an oil drilling site and all associated operations and equipment attendant to oil and gas production or injection operations including, but not limited to, pipelines, tanks, exploratory facilities (including exploratory wells), flowlines, headers, gathering lines, wellheads, heater treaters, pumps, valves, compressors, injection equipment, drilling facilities, and production facilities.

"Operator"

means the person, who by virtue of ownership or under the authority of a lease or any other agreement, has the right to drill, operate, maintain, or control a well or production facility.

"OSHA"

refers to the California Occupational Safety and Health Administration.

"Person"

encompasses any individual, firm, association, corporation, joint venture or any other group or combination acting as an entity.

"Petroleum"

is a substance occurring naturally in the earth in a solid, liquid, or gaseous state and composed mainly of mixtures of chemical compounds of carbon and hydrogen, with or without other nonmetallic elements such as sulfur, oxygen, and nitrogen.

"Petroleum Administrator"

(PA) is the City's administrative official having the responsibility for the enforcement of this Chapter. To carry out duties, the Petroleum Administrator may use designated assistants, inspectors and deputies subject to approval of the City Manager. The Petroleum Administrator is authorized and directed to enforce the provisions of this Chapter and the codes adopted by reference herein. The Petroleum Administrator shall operate under the direction of the City Manager.

The Petroleum Administrator shall have the primary responsibility for enforcing the provisions of this Chapter unless otherwise specified. The Petroleum Administrator is authorized to consult experts qualified in fields related to the subject matter of this Chapter and codes adopted by reference herein as necessary to assist the Petroleum Administrator in carrying out duties. The Petroleum Administrator may also appoint such number of officers, inspectors, assistants and other employees for the petroleum unit as shall be authorized by the City Manager.

The Petroleum Administrator must be a licensed engineer such as petroleum engineer, mechanical engineer, or civil engineer. This Petroleum Administrator must possess an understanding of oil and gas production, facilities, operations, and ideally development. Past work experience should include production engineering, project management, facility or operational experience with the oil and gas industry. In alternative, the Petroleum Administrator may possess equivalent licenses and qualifications in the areas of environmental and earth sciences, toxicology and human health risk assessment. The Petroleum Administrator must be able to demonstrate relevant and current knowledge of oil field and oil production technology and practices.

"Pipelines,"

for the purposes of this Chapter, shall mean all flow lines associated with wells located within the City of Carson used for the transportation of petroleum or petroleum by-products or of materials used in the production of petroleum.

"Produced water"

is a term used to describe the water that is produced along with crude oil and gas.

"PSM"

refers to process safety management.

"Redevelopment,"

for the purposes of this Chapter, is the development of all or a portion of a current or former oil or gas site to another authorized use other than petroleum operations.

"Redrilling"

is defined in the DOGGR Statutes and Regulations and is the deepening of an existing well or the creation of a partial new well bore including plugging of the original bore and casings and requires the submission of DOGGR Form OG107, Notice of Intention to Rework/Redrill Well, as may be updated or amended.

"Reentry"

is the process of cleaning a plugged and abandoned well by drilling, jetting, or other method.

"Refining"

shall mean any industrial process facility where crude oil is processed and refined into more useful products and sold to others without further treatment or processing.

"Regional Water Quality Control Board"

shall mean the Los Angeles Regional Water Quality Control Board.

"Rework"

is defined in the DOGGR Statutes and Regulations and means any operation subsequent to initial drilling that involves redrilling, plugging, or permanently altering in any manner the casing of a well or its function and requires the filing of a notice of intent to rework/redrill a well with DOGGR. Altering a casing includes such actions as a change in well type, new or existing perforations in casing, running or removing of cement liners, placing or drilling out any plug (cement, sand, mechanical), running a wireline tool that has the ability to drill through a cased borehole, or any other operation which permanently alters the casing of a well. For the purposes of this Chapter, "rework" includes a well abandonment.

"Secondary containment"

means containment which is external to and separate from the primary containment, typically constructed of masonry block or poured concrete walls, which incorporates an impervious barrier, including but not limited to dikes, berms, or retaining walls sufficiently impervious to contain oil.

"Secondary recovery"

means an improved recovery method of any type applied to a reservoir to produce oil not recoverable by primary recovery methods and would include water flooding, steam flooding and gas injection.

"Shutdown" or "shutdown order"

is an order by the Petroleum Administrator, California State Fire Marshal, or DOGGR official to restrict or prohibit certain (or all) functions or operations at a facility or by an operator pursuant to authority of this Chapter.

"SPCC"

refers to spill prevention, control, and countermeasures.

"Steam flooding"

is a thermal oil and gas recovery method in which steam is injected into a reservoir through injection wells and driven toward production wells. The steam reduces the viscosity of crude oil, causing it to flow more freely. The heat vaporizes lighter hydrocarbons; as they move ahead of the steam, they cool and condense into liquids that dissolve and displace crude oil. The steam provides additional gas drive. This method is also used to recover viscous oils. The technique is also called continuous steam injection or steam drive. Consistent with Section 3157(b) of Division 3 of the California Public Resources Code, steam flooding is not considered to be a well stimulation treatment.

"Structure"

means anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, except outdoor areas such as walks, paved areas, tennis courts, and similar open recreation areas. This definition includes buildings, but does not include wells.

"Supervisor"

means the DOGGR Supervisor.

"Toxic air contaminants"

means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health as defined in Section 39655 of the California Health and Safety Code, as may be amended from time to time. California Code of Regulations, Title 17, Section 93000, lists substances defined as toxic air contaminants.

"USEPA"

refers to the United States Environmental Protection Agency.

"Waterflooding"

is a method of secondary recovery in which water is injected into the reservoir formation to displace residual oil. The water from injection wells physically sweeps the displaced oil to adjacent production wells. Consistent with Section 3157(b) of Division 3 of the California Public Resources Code, waterflooding is not considered to be a well stimulation treatment.

"Well"

is defined in the DOGGR Statutes and Regulations and means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations.

"Well stimulation treatment"

is defined in the DOGGR Statutes and Regulations and means a treatment of a well designed to enhance oil and gas production or recovery by increasing the permeability of the formation. Well stimulation is a short term and noncontinual process for the purposes of opening and stimulating channels for the flow of hydrocarbons. Examples of well stimulation treatments include hydraulic fracturing, acid fracturing and acid matrix stimulation. Except for operations that meet the definition of "underground injection project" under California Code of Regulations, Title 14, Section 1761(a)(2), a treatment at pressures exceeding the formation fracture gradient shall be presumed to be a well stimulation treatment unless it is demonstrated to DOGGR's satisfaction that the treatment, as designed, does not enhance oil and gas production or recovery by increasing the permeability of the formation. Except for operations that meet the definition of "underground injection project" under California Code of Regulations, Title 14, Section 1761(a)(2), a treatment that involves emplacing acid in a well and that uses a volume of fluid equal to or greater than the acid volume threshold for the operation shall be presumed to be a well stimulation treatment unless it is demonstrated to DOGGR's satisfaction that the treatment, as designed, does not enhance oil and gas production or recovery by increasing the permeability of the formation. Well stimulation treatment does not include steaming, waterflooding or cyclic steaming and does not include routine well cleanout work; routine well maintenance; routine treatment for the purpose of removal of formation damage due to drilling; bottom hole pressure surveys; routine activities that do not affect the integrity of the well or the formation; the removal of scale or precipitate from the perforations, casing, or tubing; a gravel pack treatment that does not exceed the formation fracture gradient; or a treatment that involves emplacing acid in a well and that uses a volume of fluid that is less than the acid volume threshold for the operation and is below the formation fracture gradient.

"Workover"

is the process of major maintenance or remedial treatments on an oil or gas well without changing the physical design of the well. Workovers include all operations that do not involve the initial drilling or reworking of wells and is regulated by DOGGR but without requirements for notices of intent or permits.

(Ord. 16-1590, Exh. B (§ 1))

§ 9504 Consistency with Other Laws, Rules and Regulations.

This Chapter, insofar as it regulates oil and gas operations also regulated by the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR), is intended to supplement such State regulations and to be in furtherance and support thereof. Some definitions in CMC § 9503 are based on DOGGR Statutes and Regulations and the intent of this Chapter is to utilize those definitions, as they may be amended from time to time by the California Legislature or by DOGGR, as applicable. In all cases where there is conflict with State laws or regulations, such State laws or regulations shall prevail over any contradictory provisions, or contradictory prohibitions or requirements, made pursuant to this Chapter. Additionally, the approving body, whether the City Manager, Planning Commission or City Council, may grant an exception or modification to the requirements of this Chapter to the minimal extent necessary to prevent a compensable taking. Such exception or modification shall be as consistent with the intent and purpose of this Chapter as possible given the specific factual circumstances of the particular project.

(Ord. 16-1590, Exh. B (§ 1))

§ 9505 Appeals and Consideration by the City Council.

Unless otherwise specified in this Chapter, any interested person may appeal a discretionary decision of the Petroleum Administrator consistent with procedure set forth in CMC § 9173.4, except that references to "Director" shall be replaced with "Petroleum Administrator," and the Planning Commission's decision is final with no right of appeal to the City Council, unless otherwise specified in this Section. Examples of appeals to the City Council that are discretionary, but allowed, include conditional use permits, CMC § 9507 and § 9537(H)(2); periodic review, CMC § 9509; ordinance applicability to existing operations, CMC § 9501(B); and facility closures (including wells and pipelines), CMC § 9510. CMC § 9173.5 shall govern the statute of limitations. Mandatory requirements of this Chapter are not subject to appeal.

Except as noted herein, CMC § 9508.2 shall govern the process of recommendations by the Planning Commission to the City Council. Examples of matters that go to the Council for final decision after recommendation by the Planning Commission are development agreements (CMC § 9508) and permits related to well stimulation (CMC § 9536). The procedures for processing and review of development agreements is set forth in CMC § 9508.2. All other types of decisions requiring review by the Planning Commission as to a recommendation shall follow the process set forth in CMC § 9508.2(A) through (D), except that (i) references to "development agreement" or "agreement" shall be read as "permit," "plan" or "application" as appropriate; and (ii) notice shall be provided consistent with CMC § 9173.22, except that the City Manager, not the Director, shall be responsible for providing notice. In no event shall a hearing be required to set for the Planning Commission until a recommendation on environmental compliance may also be considered if required by the California Environmental Quality Act.

(Ord. 16-1590, Exh. B (§ 1))

§ 9506 Well Drilling Permit.

Prior to commencing drilling or reworking of any oil and gas well, the operator must receive a well drilling or rework permit from DOGGR. Well permits from DOGGR shall be provided to the Petroleum Administrator prior to commencement of drilling or reworking activities.

(Ord. 16-1590, Exh. B (§ 1))

§ 9507 Required Procedures for Conditional Use Permits.

New development to which this Chapter applies (see CMC § 9501) shall be required to receive a conditional use permit (CUP) from the City Planning Commission in order to receive authorization for, and proceed with, the construction and operation of new development. No permits shall be considered or approved without such permits being consistent with provisions of the CUP.

All procedures for CUPs to which this Chapter applies shall be consistent with the Part 7 of Chapter 1 of Article 9 as well as with the following additional requirements.

(Ord. 16-1590, Exh. B (§ 1))

§ 9507.1 Conditional Use Permit (CUP) Filing Requirements.

In addition to the filing requirements required by CMC § 9173.1, Applications, for projects within the City to which this Chapter is applicable, the following materials are also required as part of a CUP application for the consideration of the Planning Commission, or the City Council on appeal:

A complete statement of the proposed project including, but not limited to, activities, facilities, and sites.

A new or updated emergency response plan to deal with potential consequences and actions to be taken in the event of floods, earthquakes, hydrocarbon leaks or fires for the site. The emergency response plan shall be approved by the City's Public Safety and Community Services Manager and the Los Angeles County Fire Department.

A phasing plan for the staging of development that includes the estimated timetable for project construction, operation, completion, restoration, and, where applicable, the location and amount of land reserved for future expansion.

A site plan showing:

Surface property, easement, rights-of-way and pipeline right-of-way boundaries within the site.

Proposed access road constructions or modifications and connections with City streets and roads and any existing private roads.

Areas to be used for construction.

Areas to be used for access and maintenance during pipeline operation within and adjacent to the site.

Existing roads, and pipelines and pipeline rights-of-way, if any.

Location and type of existing and proposed structures within fifty (50) feet of pipeline right-of-way.

Location of existing and proposed wells and oil or gas containing equipment and their measured distance from nearby uses, including the closest residential or school property line.

Proposed alteration of surface drainages within the site.

A contour map showing existing and proposed contours.

10.

A plan for parking on or off site.

11.

A map of all known, historic, or suspected active, idle and abandoned oil and gas wells or wellheads within the site and within one thousand five hundred (1,500) feet of the surface location of any existing or proposed new well within the site.

Site operations plan containing process flow diagrams, piping and instrumentation diagrams, expected process flows (rates, pressures, composition), and shutdown/startup procedures, quarterly/annual production, disposition, injection, and disposal.

Plans with measures to be used to prevent or reduce nuisance effects (e.g., dust, fumes, glare, noise, odor, air pollutants, and vibration) and to prevent danger to life, environmental quality, and property, consistent with the development standards in this Chapter.

Estimates of the amount of cut and fill required by the proposed project.

If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, a plan for a community alert system (including new or utilizing existing systems, including, but not limited to, those operated by the Police, Sheriff or Fire Department) to automatically notify area residences and businesses in the event of an emergency at an oil or gas site that would require residents to take shelter or take other protective actions.

If any grading is proposed that results in the loss of vegetated, sandy, permeable ground areas, which could alter surface runoff at the site, a site-specific hydrologic analysis to evaluate anticipated changes in drainage patterns and associated increased runoff at the site.

If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, a quiet mode operation plan which includes, but is not limited to, the following noise reduction measures:

Using signalers for all backup operations instead of backup alarms and turning off backup alarms;

Using radios instead of voice communication;

Minimizing crane use and pipe handling operations, pipe offloading from trucks and board loading to the maximum extent feasible and nighttime loading only for safety reasons;

Prohibiting material and supply deliveries to the project site, other than along designated truck routes, between the hours of 6:00 p.m. and 8:00 a.m. on weekdays and prohibiting deliveries on weekends and holidays, with exceptions only for safety; and

Limiting process alarms and communications over the broadcast system to the maximum extent feasible during all operations and use only for safety reasons.

If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, a photometric analysis, which compares the baseline of the existing light measurements with the proposed light spill that will result from the oil and gas site.

An environmental quality assurance program ("EQAP"). (Ref. CMC § 9531.1.)

(Ord. 16-1590, Exh. B (§ 1))

§ 9507.2 Processing and Review.

Processing of CUPs shall comply with California's Permit Streamlining Act requirements as consistent with Part 7 of Chapter 1 of Article IX.

The applicant may apply for:

The drilling operations only;

The production facilities only; or

Both the drilling and production facilities.

The Petroleum Administrator will review the submitted application(s) for completeness in compliance with the filing requirements of CMC § 9507.1 and any other applicable sections of this Code, and shall refer the filed CUP to appropriate City departments or local and State agencies, as appropriate, for review and comment.

(Ord. 16-1590, Exh. B (§ 1))

§ 9507.3 Findings and Permitting Conditions.

In addition to the requirements of CMC § 9172.21(D), Commission Findings and Decision, the Planning Commission shall approve a conditional use permit only if it is able to make affirmative findings of the following criteria:

The proposed project shall be in conformance with requirements of other local, regional, or State entities;

The project shall not be detrimental to the health, safety, environmental quality and general welfare of the community, and will be compatible with the uses in the surrounding area;

The project shall be in compliance with the development standards contained in Part 2 of this Chapter, commencing with CMC § 9521; and

The project shall not result in an increased level of freshwater pollution or groundwater contamination in the immediate area or cause regulatory water standards at an existing water production well to be violated as defined in the California Code of Regulations, Title 22, Division 4, Chapter 15 and in the Safe Drinking Water Act, as they may be amended.

As a condition of approval of a CUP, the Planning Commission shall consider and impose appropriate conditions as deemed reasonable and necessary to find consistency with the findings in subsections (A)(1) through (A)(4) of this Section.

(Ord. 16-1590, Exh. B (§ 1))

§ 9507.4 Modifications and Extensions.

The provisions of CMC § 9172.21 shall apply for all modifications or extensions requested for oil and gas operations.

Any existing oil and gas operation that does not have a CUP or development agreement for the operation shall be required to comply with this Chapter if any new development occurs at the existing oil and gas site.

(Ord. 16-1590, Exh. B (§ 1))

§ 9507.5 Change of Ownership/Operators Criteria.

Listing on Permit. Any person who operates an oil or gas site that is subject to this Chapter shall be listed as a permittee on the permit(s) issued for that facility.

Acceptance of Permit. Prior to being listed on a permit, any operator of an oil or gas site that is subject to this Chapter shall provide the City with a letter from an authorized agent or officer of the operator formally accepting all conditions and requirements of the permit.

Permits Transferable. Any CUP issued to any oil and gas site authorized pursuant to this Code shall be transferable to a new operator; provided, that the new operator accepts and meets all of the conditions and requirements of the CUP and this Chapter.

Ongoing Notification. All operators and guarantors shall, as an ongoing requirement, notify the Petroleum Administrator in writing of any change in the information required by this Section within thirty (30) days of such change.

Change of Operator. A change of operator shall require an application filed with the City within thirty (30) days prior to a change of operator. Upon approval by the Petroleum Administrator, such change of operator will become effective upon joint notice from the prior and new operators that the change of operator has become effective. An application is not required when the change of operator does not entail a substantive change to operations or personnel of the oil or gas site as determined by the Petroleum Administrator.

Liability for Compliance with Permit Conditions. Any operator listed on a permit pursuant to this Chapter shall comply with all conditions of such permit. Failure to comply with such permit conditions shall subject the operator to the applicable penalty and enforcement provisions of this Code or other applicable ordinance for such permits.

Liability for Abandonment. The operator, as determined by the records of the Petroleum Administrator, of a facility or site subject to this Chapter shall be responsible for the proper abandonment of the facility or site.

(Ord. 16-1590, Exh. B (§ 1))

§ 9508 Procedures for Development Agreements.

Projects appropriate for development agreements are subject to the requirements of this Section, which establishes procedures for adoption. The procedures for development agreements will comply with Article 2.5 of Chapter 4 of Division 1 of the California Government Code and the following additional requirements.

(Ord. 16-1590, Exh. B (§ 1))

§ 9508.1 Filing Requirements.

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person(s) who has a legal or equitable interest in the real property of the oil or gas site. The qualified applicant shall provide proof of ownership interest, proof of interest in the real property, and proof of the authority of the agent or representative to act for the applicant. Said proof of interest and proof of authority shall be subject to review and approval by the City Attorney.

The Petroleum Administrator shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the Petroleum Administrator, along with a deposit for the estimated direct and indirect costs of processing the development agreement. The applicant shall deposit any additional amounts for all costs and fees to process the development agreement, including all legal fees, within fifteen (15) days of request by the Petroleum Administrator. Upon either completion of the application process or withdrawal of the application, the City shall refund any remaining deposited amounts in excess of the costs of processing.

The Petroleum Administrator shall require an applicant to submit such information and supporting data as the Petroleum Administrator considers necessary to process the application.

A community benefit assessment to evaluate the benefits the DA will provide to the community.

(Ord. 16-1590, Exh. B (§ 1))

§ 9508.2 Processing and Review.

The Petroleum Administrator shall endorse on the application the date it is received. An application or related document shall not be complete until an estimated deposit for the cost of processing has been paid to the City. If within thirty (30) days of receiving the application the Petroleum Administrator finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the running of any limits shall be suspended upon written notice to the applicant and a new thirty (30) day period shall commence once the required material is received by the Petroleum Administrator. If the Petroleum Administrator finds that the application is complete it shall be accepted for filing and the applicant so notified. The Petroleum Administrator shall review the application and determine the additional requirements necessary to complete processing of the agreement. After receiving the required information and the application is determined to be complete, the Petroleum Administrator shall prepare a staff report and recommendation to the Planning Commission and City Council stating whether or not the agreement as proposed or in an amended form would be consistent with policies of the City, this Chapter and any applicable general or specific plan. The City Attorney shall review the proposed development agreement as to legal form.

Notice of a hearing regarding the development agreement shall be given by the Petroleum Administrator and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set forth in CMC § 9173.22, except that the Petroleum Administrator, not the Director, shall be responsible for providing notice.

The Planning Commission shall review the proposed development agreement and provide a recommendation to the City Council to approve, approve with modifications or deny the proposed development agreement. If the Planning Commission fails to take action within sixty (60) days of opening the hearing on the matter, such failure shall be deemed to have made a recommendation of denial to the City Council unless the applicant has requested an extension of time, either in writing or on the record, which has been approved by the Planning Commission prior to the running of the sixtieth day.

The proposed development agreement shall be set for hearing and consideration before the Council within sixty (60) days of the recommendation of the Planning Commission, unless the applicant agrees in writing to an extension of time with the Petroleum Administrator prior to the matter being heard by the Council.

Within ten (10) calendar days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or modifies the agreement as provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

(Ord. 16-1590, Exh. B (§ 1))

§ 9508.3 Findings and Development Agreement Conditions.

After the City Council completes the public hearing, the Council may not approve the development agreement unless it finds that the provisions of the agreement:

Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;

Are compatible with the uses authorized in and the regulations prescribed for the zoned district in which the real property is located;

Will not be detrimental to the health, safety, environmental quality, and general welfare of the community;

Will not adversely affect the orderly development of property or the preservation of property values; and

Provides for a penalty for any violation of the development agreement consistent with the provisions of CMC § 9514.

(Ord. 16-1590, Exh. B (§ 1))

§ 9508.4 Modifications and Extensions.

The provisions of Section 65868 of the California Government Code shall apply for all modifications, extensions or other amendments of the terms of a development agreement subject to this Chapter.

Either party may propose an amendment or termination of an approved development agreement subject to the following:

The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first instance.

The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the California Government Code.

Nothing herein shall limit the City's ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California Government Code as may be amended.

(Ord. 16-1590, Exh. B (§ 1))

§ 9509 Periodic Review.

The City may choose to conduct a comprehensive review of any oil or gas drilling permit, CUP or DA every five (5) years from the date of approval to determine if the project and the associated CUP or DA are adequately mitigating significant environmental impacts caused by the drilling and operations. Nothing in this Section shall limit the City's authority to conduct a review at more frequent intervals, engage in mitigation monitoring as required by CEQA, or otherwise act as directed or authorized by law.

Within thirty (30) days from the request by the City, the operator shall deposit to the City the funds necessary for the City to retain a third-party entity to prepare a periodic review, which includes all records, drawings, specifications, permits from State agencies, and analysis of the effectiveness of this Chapter, enforcement activity, and any other issues associated with potentially adverse effects of and complaints about oil and gas site operations. A periodic review will be funded by the operator at most once every five (5) year period following approval. If the periodic review identifies significant deficiencies in an oil and gas drilling permit, a CUP or DA that are resulting in unmitigated adverse impacts then the Petroleum Administrator may identify these deficiencies and bring forward recommendations of corrective actions to the Planning Commission for consideration and prospective amendments of oil and gas drilling permits and CUPs, and to the Planning Commission for recommendation to the City Council for consideration and prospective amendments of DAs.

A permit, CUP, or DA may also be reviewed by the Petroleum Administrator at any time, if more than three (3) violations occur within a twelve (12) month period and the Petroleum Administrator determines that resolution of the violations may be addressed by a new permit and/or an amendment to the CUP or DA. The Petroleum Administrator shall make a recommendation of amendments to the Planning Commission for CUPs and permits, and the Planning Commission and City Council for DAs, as deemed necessary. Nothing in this Section shall preclude the City from taking any other enforcement action authorized by this Code.

Nothing in this Section shall limit the requirements of an operator with a DA to demonstrate to the Petroleum Administrator good faith compliance with the terms of the agreement at least every twelve (12) months as required by Section 65865.1 of the California Government Code. If as a result of that review the Petroleum Administrator believes there is substantial evidence that the operator has not complied in good faith with the terms or conditions of the agreement, the Petroleum Administrator shall present the matter to the Commission for a recommendation to the City Council. The Commission shall set the matter for public hearing within forty (40) days of receipt of the matter from the Petroleum Administrator. If the Commission fails to act upon such request within a reasonable time, the Council may, by written notice, require the Commission to render its recommendation within forty (40) days. Failure to so report to the Council within the above time period shall be deemed to be a recommendation against modification or termination. After the Commission has rendered its recommendation, the matter shall be set for hearing before the City Council, who may terminate or modify the agreement if it finds and determines, on the basis of substantial evidence, that the operator or successor in interest has not complied in good faith with the terms and conditions of the DA.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510 Facility Closure, Site Abandonment, and Site Restoration Procedures.

The following provisions and procedures shall be implemented at the end of life of an oil and gas site, subject to a CUP, and govern the site (including well) facility closure and site restoration procedures.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510.1 Purpose and Intent.

CMC § 9510 et seq. establishes procedures and provisions to achieve the timely abandonment of oil and gas related activities and land uses, and following the abandonment, the timely and proper removal of applicable oil and gas facilities (including wells, equipment and gas-related structures), reclamation and remediation of host sites, and final disposition of pipelines, in compliance with applicable laws and permits.

The procedures ensure appropriate due process in differentiating idled from abandoned facilities and protecting the vested rights of permittees while also ensuring that sites with no reasonable expectation of restarting are removed, in compliance with the intent of abandonment permits. These procedures also ensure a process for abandoning or reabandonment of portions of sites where oil and gas operations will continue on the site, as well as procedures for restoration and redevelopment of a site to other uses at the end of the economic life of oil and gas production.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510.2 Applicability.

Oil and gas sites and operations subject to CMC § 9510 et seq. shall include all permitted uses identified in CMC § 9501(A), regardless of whether these uses were permitted in compliance with this Chapter or any preceding ordinance. This includes all pipeline systems, except for public utility natural gas transmission and distribution systems, that either transport or at one time transported natural gas, oil, produced water, or waste water that originated from a reservoir, regardless of whether these uses were permitted in compliance with this Code or any preceding ordinance.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510.3 Application Process.

The procedures for processing an abandonment and site restoration permit shall utilize the notice, hearing and appeal process for a conditional use permit as detailed in Part 7 of Chapter 1 of Article IX, as refined herein by CMC § 9505. For any item required to be submitted less than one hundred eighty (180) days in advance, the Petroleum Administrator has the discretion to process and approve the application. Any person may submit an appeal to the Petroleum Administrator or the Planning Commission within fifteen (15) days of the Petroleum Administrator's notice of decision consistent with CMC § 9173.4. Mandatory requirements of the Code are not subject to appeal. All procedures shall be consistent with the following requirements.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510.3.1 Requirement to File an Application.

Complete Abandonment of Oil and Gas Operations. The operator shall submit an application to the Petroleum Administrator upon intentional abandonment of the entire oil and gas operation or site. The application for abandonment and site restoration proceedings shall be submitted one hundred eighty (180) calendar days prior to the planned shutdown of all the facilities.

Partial Abandonment of Oil and Gas Operations. If any portion of the oil or gas site is being abandoned, or if a well is being reabandoned, the operator shall submit an application to the Petroleum Administrator for partial abandonment of oil or gas operations. Said application shall be submitted not later than thirty (30) calendar days prior to abandonment or reabandonment of wells involving no more than ten (10) percent of the total number of wells on site or ten (10) wells, whichever is more; all other applications shall be submitted not later than one hundred eighty (180) calendar days prior to abandonment, reabandonment or restoration.

Other Events Requiring an Application. The operator shall submit an application for abandonment, reabandonment, and site restoration proceedings to the Petroleum Administrator upon any of the following:

Any event or condition designated in an existing City permit or entitlement that would require consideration of abandonment. The application shall be submitted ninety (90) days in advance of the event or condition. If the event or condition cannot be known until after it occurs, the application must be submitted within fifteen (15) days of the event or condition.

Upon order of DOGGR. The application shall be submitted within thirty (30) days of a DOGGR order to abandon, reabandon, and restore the site; provided, however, that if the operator timely appeals such an order of the DOGGR, it shall have no obligation hereunder until thirty (30) days after a final decision affirming such order.

Nothing in this Chapter shall limit the City's police powers. The City may require those measures reasonably necessary to address specific site or operational conditions that threaten public health, morals, safety or general welfare, which measures could include partial or complete abandonment.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510.3.2 Content of Application.

The application shall be in a form and content specified by the Petroleum Administrator and this Section. The application shall contain the following:

Name, address, and contact information for the permittee.

Name, address, and general description of the permitted land use.

Gross and net acreage and boundaries of the subject property.

Location of all structures, above and underground, proposed to be removed.

Location of all structures, above and underground, proposed to remain in place.

Locations of all structures, above and underground, proposed for development, if any.

Location of all wells, including active, idled, abandoned or reabandoned wells, including distances from site boundaries, and existing structures. Each well shall include the DOGGR well name and number, as well as the American Petroleum Institute (API) well number. If available, the location of the wells shall be identified with the name of the operator and well designation.

An American Land Title Association (ALTA) survey of the site, showing all improvements, easements, rights-of-way, and other elements impacting the ownership of land.

Location of all utilities on the subject property.

Location of all easements on or adjacent to the subject property that may be affected by demolition or reclamation.

To the extent known, the type and extent of all contamination and proposed remedial actions to the level of detail that can be assessed through environmental review. This information does not require a new or modified Phase 2 site assessment in advance of any requirement by the Fire Department or State agencies with regulatory oversight of site assessments.

Location of areas of flood, geologic, seismic, and other hazards.

Location of areas of archaeological sites, habitat resources, prime scenic quality, water bodies, and significant existing vegetation.

Location and use of all structures within one hundred (100) feet of the boundaries of the subject property.

A proposed abandonment and restoration plan that details the activities for the proposed action, including the following details: hours of operation; estimated number of workers required on site to decommission facilities and structures or to otherwise abandon or reabandon wells; disposition of equipment and structures proposed for decommissioning; projected method and routes of transporting equipment, structures, and estimated debris from the site to the place of disposition as well as the number of trips required; and an estimated schedule for decommissioning the facilities or completion of the work.

A proposed waste management plan to maximize recycling and minimize wastes.

Other permit applications that may be required by the Code to retain any existing structures, roadways, and other improvements to the property that were ancillary to the oil or gas operations and are proposed to be retained to support other existing or proposed uses of the property following abandonment of the oil or gas operations.

A proposed grading and drainage plan.

A proposed plan to convert the site to natural condition or convert to other proposed land use, including a detailed schedule for restoring the site. In the latter case, include other applicable permit applications required, if any, for the proposed land use.

A statement of intent regarding the disposition of utilities that served the oil and gas operations, including fire protection, power, sewage disposal, transportation, and water.

Measures proposed to be used to prevent or reduce nuisance effects (e.g., dust, fumes, glare, noise, odor, smoke, traffic congestion, vibration) and to prevent danger to life and property.

A copy of DOGGR approval to abandon, reabandon or remediate well(s).

A leak test report for each abandoned well on the site that meets the requirements of CMC § 9537.

For abandonment or restoration in any circumstances where the permit is approved by the Petroleum Administrator without Planning Commission action, proof of mailed notice of intent to seek a permit to abandon or restore to the owner of record on the latest assessment roll for neighboring parcels within five hundred (500) feet of the oil and gas site property boundaries. The notice shall generally describe the scope of the activity being proposed.

Any other information deemed reasonably necessary by the Petroleum Administrator to address site-specific factors.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510.3.3 Permitting Specifications.

Application Filing. The Petroleum Administrator shall process complete applications for permits after determining the applications to be complete in compliance with CMC § 9510.3.2, and submit applications subject to initial Planning Commission review to the Planning Commission with a recommendation regarding approval if the findings in CMC § 9510.3.4 are met. An application shall not be complete unless the applicant has made a deposit for the estimated direct and indirect costs of processing the application. The applicant shall deposit any additional amounts for the costs to process the application, including legal review, within fifteen (15) days of request by the Petroleum Administrator. Upon either completion of the permitting process or withdrawal of the application, the City shall refund any remaining deposited amounts in excess of the direct and indirect costs of processing.

Independent or Concurrent Processing of Applications. For applications subject to initial Planning Commission review, the Planning Commission shall process complete applications for abandonment and site restoration permits independently of any other permit applications to develop the site in question, unless the Petroleum Administrator makes the determination that the concurrent processing of abandonment and site restoration permits and development permits for the same site do not unduly hinder timely restoration of abandoned sites or result in long delays in securing approval of development permits.

Demolition and Restoration Permit Shall Supersede. Upon approval of a demolition and restoration permit subject to initial approval by the Planning Commission, or upon abandonment of operations, whichever occurs later, the demolition and reclamation permit shall supersede any inconsistencies in the discretionary permit approved for construction and operation of the facilities.

Conditions of Permit. In addition to any other requirements of this Code, any permit for abandonment, reabandonment or restoration shall be subject to the following requirements regardless whether initially approved by the Petroleum Administrator or the Planning Commission:

Oil well abandonment shall be performed by oil service company contractors licensed to do business in the City.

All equipment and surface installations used in connection with the well which are not necessary, as determined by the Petroleum Administrator or Planning Commission, for the operation or maintenance of other wells on the drill or operation site shall be removed from the site.

The abandoned site or portions of the oil and gas site shall be restored to its original condition or as nearly as is practical given the nature of the location and continuing uses for an oil and gas site, so long as the restoration will not adversely impact ongoing oil and gas production operations.

All sumps, cellars, and ditches which are not necessary for the operation or maintenance of other wells on the oil or gas site shall be cleaned out and all oil, oil residue, drilling fluid, and rubbish shall be removed to reduce hydrocarbons to standards acceptable to Federal, State, or local agencies. All sumps, cellars, and ditches shall be leveled or filled. Where such sumps, cellars, and ditches are lined with concrete, the operator shall cause the walls and bottoms to be broken up and all concrete shall be removed.

The portions of the site not necessary for continuing oil or gas site operations shall be cleaned and graded and left in a clean and neat condition free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, and debris.

All public streets, alleys, sidewalks, curbs and gutters, and other places constituting public property which may have been disturbed or damaged in connection with any operation, including operations for the abandonment or reabandonment of the well, shall be cleaned, and, except for ordinary wear and tear, shall be repaired and restored to substantially the same condition thereof as the same existed at the time of issuance of the permit, or at the time operations were first commenced in connection with the drilling, operation, or maintenance of the well.

A copy of written approval of DOGGR confirming compliance with all State abandonment proceedings for all abandoned facilities must be furnished to the Petroleum Administrator.

Proposed restoration will leave the subject site in a condition that is compatible with any existing easements or dedications for public access through or public use of a portion of the property.

(Ord. 16-1590, Exh. B (§ 1))

§ 9510.3.4 Findings Required for Approval.

In addition to the findings specified in CMC § 9172.21, for permits the Petroleum Administrator or Planning Commission shall also make affirmative findings based on the following criteria:

The subject site will be restored and remediated to its preproject conditions unless areas within the site are subject to approved development, in which case restoration and landscaping of these areas will conform to the permitted development. In cases where development is proposed but not yet permitted, restoration of affected areas to natural conditions may be waived by the Planning Commission; provided, the development is permitted within five (5) years and the permittee has posted financial assurances acceptable to the Petroleum Administrator to ensure restoration to natural conditions if the proposed development is not permitted.

The proposed restoration will leave the subject site in a condition that is compatible with any existing easements or dedications for public access through or public use of a portion of the property.

The permit conditions comply with CMC § 9510.3.3 and contain specific enforceable requirements to ensure the timely completion of any abandonment or reabandonment of wells, restoration activities or cessation of other oil and gas site operations subject to the permit.

(Ord. 16-1590, Exh. B (§ 1))

§ 9511 Operational Noticing.

Each operator shall submit copies of notices provided to or received from DOGGR, to the Petroleum Administrator, within ten (10) business days of transmission or receipt of such notices, as applicable. These shall include: designation of agents, notice of intent to drill a new well, division approvals (permit to conduct well operations, notice and permit to drill, permit to rework/redrill well (p-report), enhanced recovery project approval, water disposal project approval, commercial water disposal approval), notice of intention to rework/redrill well, notice of intention to abandon/reabandon well, supplementary notices, report of property transfer forms and any inspection reports or notices of violation, as these notices may be updated or amended. All other DOGGR notices or other DOGGR communications shall be submitted at the discretion of the Petroleum Administrator.

The operator of (or any person who acquires) any well, property, or equipment appurtenant thereto, whether by purchase, transfer, assignment, conveyance, exchange or otherwise, shall each notify the Petroleum Administrator within ten (10) business days of the transaction closing date. The notice shall contain the following:

The names and addresses of the person from whom and to whom the well(s) and property changed.

The name and location of the well(s) and property.

The date of acquisition.

The date possession changed.

A description of the properties and equipment transferred.

The new operator's agent or person designated for service of notice and his address.

The operator of any well shall notify the Petroleum Administrator, in writing, of the idling of any well. The operator shall notify the Petroleum Administrator in writing upon the resumption of operations of an idle well giving the date thereof.

The operator shall report any violations of State or Federal laws that occur on an oil and gas site to the Petroleum Administrator within thirty (30) days of their date of documentation by a State or Federal agency.

(Ord. 16-1590, Exh. B (§ 1))

§ 9512 Complaints.

All complaints related to activities regulated by this Chapter received by the operator shall be reported within one (1) business day to the Petroleum Administrator. If the complaint is received after normal business hours, it shall be reported to the Petroleum Administrator the next business day. In addition, the operator shall maintain a written log of all complaints and provide that log to the Petroleum Administrator on a quarterly basis.

(Ord. 16-1590, Exh. B (§ 1))

§ 9513 Injunctive Relief.

In addition to any administrative remedies or enforcement provided in this Code, the City may seek and obtain temporary, preliminary, and permanent injunctive relief to prohibit violation or mandate compliance with this Code. All remedies and enforcement procedures set forth herein shall be in addition to any other legal or equitable remedies provided by law.

(Ord. 16-1590, Exh. B (§ 1))

§ 9514 Notice of Violation and Administrative Fines.

The operator shall also be subject to a fine for violation of any requirement of a CUP or this Chapter as determined by the Petroleum Administrator, subject to the following:

Depending on the specific type and degree of the violation, the operator in violation may be penalized at a rate of up to $10,000 per day, per violation, until it is cured, but in no event in an amount beyond that authorized by State law. The Petroleum Administrator will develop a violation fine schedule for Council approval to specifically identify the fines associated with oil or gas site violations. This violation fine schedule may also include nuisance violations.

In the event of a violation of any of the City's permitting actions, a written notice of violation and the associated fine determination will be sent to the operator by the Petroleum Administrator. The operator shall deposit the sum of $5,000 per well, up to $100,000, in an interest-bearing trust fund with the City within thirty (30) days of the date of the second violation notice sent to the operator by the Petroleum Administrator, to establish a draw down account. If the noted violation is not corrected within thirty (30) calendar days to the satisfaction of the Petroleum Administrator, or if steps satisfactory to the Petroleum Administrator have not been initiated during that period to effect a cure or to seek modification of the condition, the fine amount cited in the written notice will be deducted from the account. The operator shall reimburse the City for any additional reasonable costs above the amount of the original deposit.

The operator has a right of appeal to the Petroleum Administrator or Commission within fifteen (15) days of the written notice or contested determination of compliance. Decisions of the Petroleum Administrator not appealed within fifteen (15) days become final. If the operator appeals to the Petroleum Administrator or the Commission such that the decision is ultimately reversed and the operator is specifically designated the "prevailing party" by the Petroleum Administrator or Commission, then the City shall refund the operator the deposit related to the challenged determination.

Nothing in this Section or Chapter shall limit the City's ability to pursue other enforcement procedures, including CUP revocation proceedings, actions to enforce a DA, or other legal or equitable remedies provided by this Code or available under the law. Revocations of a permit or CUP may be done pursuant to CMC § 9172.28, except that the Commission may choose to amend rather than revoke, and the references to "Director" shall be replaced with "Petroleum Administrator."

(Ord. 16-1590, Exh. B (§ 1))

§ 9515 Nuisance Procedures.

Any violation of this Chapter is hereby declared to be a public nuisance for the purposes of CMC § 5702, and may be abated pursuant to the procedures set forth in Chapter 7 of Article 5, Property Maintenance, except that references to "Director" shall be replaced with "City Manager or designee." The procedures for abatement shall not be exclusive, and shall not in any manner limit or restrict the City from otherwise enforcing this Chapter or abating public nuisances in any other manner as provided by law, including the institution of legal action by the City Attorney to abate the public nuisance at the request of the City Manager.

(Ord. 16-1590, Exh. B (§ 1))

§ 9515.1 High Risk Operations.

Upon determination that any oil and gas production, processing or storage operation meets the definition of "high risk operation" from CMC § 9503, the Petroleum Administrator shall give the operator written notice of the Petroleum Administrator's intent to determine the operation a high risk operation under this Section. The intent of this Section shall be to remediate the high risk operation and bring the oil or gas site and the operator within normal, safe operating standards and protect the public safety, health and environment. The written notice of the intent to determine the operation a high risk operation shall include:

Facts substantiating the determination; and

A notice regarding the right to appeal the determination to the Commission within fifteen (15) days. During the pendency of any such appeal, the Petroleum Administrator's determination shall remain in full force and effect until affirmatively set aside by the Commission. The Commission's decision shall be supported by substantial evidence, and refusal by the operator to provide access to the operation to allow inspection or investigation to determine compliance as authorized by this Code or other law shall be deemed evidence the definition of a high risk operation has been met.

Along with the determination of the site being a high risk operation, the Petroleum Administrator may take either or both of the following actions:

An investigation of the causes leading up to the high risk determination;

Require a mandatory restoration plan to be submitted by the operator. Such plan shall include, but is not limited to:

A mandatory restoration schedule for bringing the site and operator within normal, safe operating standards. Such schedule does not supersede any timeline for abatement otherwise established for individual outstanding violations.

ii.

An audit of overall site operation(s):

The audit shall be conducted by an independent third party approved by the Petroleum Administrator. Costs associated with the audit shall be borne by the operator;

The audit shall identify and analyze the root causes leading to the high risk designation;

The audit shall further identify and analyze other potential areas in overall site operation that could impact the site's ability to operate within safe and normal standards (e.g., personnel training, operational policies, internal procedures, etc.);

Provide a plan for remediating all issues identified in the audit, including a mandatory schedule for remediating those issues. Such restoration plans shall be subject to approval by the Petroleum Administrator;

The audit may be ordered in lieu of, or in addition to, the investigation undertaken by the Petroleum Administrator.

iii.

Any other requirements the Petroleum Administrator deems necessary to bring the site and operation within normal, safe operating standards for the purposes of protecting the public safety, health and environment.

The operator of the high risk operation shall carry out the approved restoration plan and shall be responsible for paying all reasonable costs associated with the implementation of the plan, including:

City staff time in enforcing these provisions at an hourly rate that provides for full cost recovery of the direct and indirect costs. Staff time shall include, but is not limited to, the ongoing monitoring and verification of compliance with the approved restoration plan;

Investigative, research (including legal research) and consulting costs associated with preparation of the restoration plan;

Third-party costs for investigation, consultation, engineering, clean-up, operator staff training, operations and all other related costs necessary to carry out the restoration plan;

Any other costs necessary to remediate the high risk operation as ordered by the Petroleum Administrator.

At the sole discretion of the Petroleum Administrator, at any time during which a site or operator is subject to this Section, the Petroleum Administrator may require a bond be posted to cover the cost of remediating the causative problems of the high risk operation.

The determination of high risk operations shall continue to apply until the goals and guidelines of the restoration plan established hereunder are achieved. The high risk operator shall notify the Petroleum Administrator when a milestone in the restoration plan has been satisfied. The Petroleum Administrator may conduct independent verification of the compliance upon such notification. The restoration plan may be amended from time to time as necessary to achieve the purposes of this Section. Upon a determination by the City that the goals and guidelines of the restoration plan have been achieved, the City shall notify the operator in writing that the site is no longer a high risk operation.

Failure of the operator of a high risk operation to post a bond required under this Section, prepare the restoration plan within a reasonable time frame as ordered by the Petroleum Administrator, or to reasonably achieve the goals and guidelines of an approved restoration plan under this Section may be cause for a shutdown of the high risk operation(s) or any other petroleum operations located in the City that are co-owned or co-operated by the high risk operator, at the discretion of the Petroleum Administrator.

The operator of a high risk operation shall compensate the City for any costs associated with the enforcement of this Section within thirty (30) days of written demand by the Petroleum Administrator. Any City costs associated with enforcement of this Section which are not promptly paid by the operator shall be subject to enforcement by tax bill lien or other collection methods at the discretion of the City.

The City may institute legal proceedings to require compliance provisions with this Section.

(Ord. 16-1590, Exh. B (§ 1))

§ 9516 Compliance Monitoring.

Environmental Compliance Coordinator(s). The City may hire Environmental Compliance Coordinators as needed to oversee the monitoring and condition compliance requirements of the City's permitting actions subject to regulation under this Chapter, the costs of which shall be reimbursed by operator. The number of Environmental Compliance Coordinators shall be determined by the City and shall take into account the level of oil and gas operations associated with the project site. The Environmental Compliance Coordinator(s) shall be approved by, and shall report to, the Petroleum Administrator consistent with the Petroleum Administrator's authority under CMC § 2107. The responsibilities of the Environmental Compliance Coordinator(s) shall be determined by the City for the project site and shall generally include:

Monitoring of oil and gas sites for compliance with this Chapter as it relates to construction, drilling, operational or abandonment and site restoration activities as determined by the Petroleum Administrator.

Taking steps to ensure that the operator, and all employees, contractors and other persons working in the project site, have knowledge of and are in compliance with all applicable provisions of the conditional use permit or development agreement.

Reporting responsibilities to the various City departments with oversight responsibility at the project site, as well as other agencies such as DOGGR and SCAQMD.

Compliance Deposit Account. An applicant must establish a compliance deposit account with the City within thirty (30) days of receiving authorization for a CUP or DA from the City. The compliance security deposit amounts shall be determined by the Petroleum Administrator, and shall be based on the nature and extent of the compliance actions required and shall be a minimum of $5,000.

(Ord. 16-1590, Exh. B (§ 1))

§ 9517 Financial Assurances Applicability.

CMC § 9518 through § 9520 shall apply to any person who operates any oil or gas site involved in exploration, production, processing, storage or transportation of oil or gas extracted from reserves in the City of Carson.

This Chapter shall not apply to the change of operator of the following:

Sales gas pipelines operated by a public utility and regulated by the California Public Utilities Commission;

A change of ownership consisting solely of a change in percentage ownership of a site and which does not entail addition or removal of an owner or affect any financial guarantee or bonds for a permit, CUP, and/or DA.

(Ord. 16-1590, Exh. B (§ 1))

§ 9518 Operator's Financial Responsibilities.

The applicant shall be fully responsible for all reasonable costs and expenses incurred by the City or any City contractors, consultants, or employees in reviewing, approving, implementing, inspecting, monitoring, or enforcing this Chapter or any CUP, DA, or permit, including, but not limited to, costs for permitting, permit conditions implementation, mitigation monitoring (including well abandonment and reabandonment), reviewing and verifying information contained in reports, inspections, administrative support, and including the fully burdened cost of time spent by City employees, City Attorney, or third-party consultants and contractors on such matters.

(Ord. 16-1590, Exh. B (§ 1))

§ 9519 Securities and Bond Requirements.

The operator or any contractor of any oil and gas operation subject to this Chapter shall provide, or cause to be provided, the securities and bond requirements described below.

The operator shall file a faithful performance bond with the Petroleum Administrator consistent with the following bonding requirements:

The Petroleum Administrator shall determine the amount of the bond based on the total number of wells, proposed operations, size and nature of the property, appropriate environmental studies on the property, including a phase I, II or human health risk assessment report and other relevant conditions related to the proposed wells or operations at a specific oil or gas site, and recognized commercial standards.

The amount of the bond shall be sufficient to assure the completion of the abandonment, necessary reabandonment, site restoration, to the extent not fully covered by DOGGR bonds, and remediation of contamination of the oil or gas site if the work had to be performed by the City in the event of forfeiture. The performance bond shall be inflation indexed to ensure the amount of the bond shall be sufficient to assure completion of the abandonment, restoration and remediation of contamination of the oil or gas site. The bond shall be available within a time frame to allow the City to undertake related activities in a timely manner, including at least one-half (1/2) for immediate access and use in the event of an emergency as determined by the Petroleum Administrator.

Prior to expansion of an oil or gas site, the operator shall apply to the Petroleum Administrator for a determination of the amount of the bond necessary to ensure completion for both the existing and expanded operations. In addition, every bond shall be reassessed by the Petroleum Administrator every five (5) years to ensure the amount is sufficient to ensure the completion of the abandonment, site restoration, and remediation of contamination of the oil or gas site.

Upon application by the operator, the Petroleum Administrator may reduce bonding amounts based upon change of physical circumstances, completion or partial completion of work, or significant reduction in cost to perform the work. In no event shall the amount of the bond be reduced to an amount insufficient to complete any remaining work, nor shall the bond be reduced due to economic hardship or similar considerations.

After completion of all abandonment and site restoration requirements, the bond shall be maintained in a sufficient amount to ensure remediation of contamination at the oil or gas site for a period not less than fifteen (15) years.

In no event shall the bonding amount required by the City be less than $10,000 per well.

The bond may be drawn only from a qualified entity without any economic interests or relationship with the operator and any related economic entities related thereto, and bonds must be rated "A" or better by a nationally recognized bond rating organization. The Petroleum Administrator shall receive all pertinent information related to the bond and bonding entity prior to issuance of a final approved permit, CUP, or DA.

In lieu of these bonding requirements, an operator may also submit any other legally adequate and binding financial mechanism, subject to City Attorney approval, to satisfy the monetary assurance requirements set by the Petroleum Administrator to assure completion of the abandonment, restoration and remediation of contamination of the oil or gas site.

For any evaluation of bonding amounts by the Petroleum Administrator in this Section, or evaluation of a financial mechanism proposed in lieu of a bond by the City Attorney, the operator shall deposit the estimated costs with the Petroleum Administrator with the application, and shall also make any additional deposit(s) within thirty (30) days of written request by the Petroleum Administrator. The Petroleum Administrator may retain consultants or other experts in the industry to assist in deriving a commercially reasonable bond amount.

(Ord. 16-1590, Exh. B (§ 1))

§ 9520 Operator Liability Insurance.

The operator of any oil and gas operation subject to this Chapter shall provide, or cause to be provided, the insurance described below for each oil and gas site during the pendency of oil and gas operations. The operator or contractor must provide to the City sufficient documentation that the insurance complies with the minimum requirements and coverage amounts of this Section before a permit may be issued.

General Provisions Regarding Insurance.

The operator or any contractor shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company or companies admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide.

In the event any policy is due to expire, the operator or any contractor shall provide a new certificate evidencing renewal of such policy not less than thirty (30) calendar days prior to the expiration date of the expiring policy. Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, operator or any contractor shall file with the Petroleum Administrator a new certificate and all applicable endorsements for such policy.

Liability policies shall name as "additional insured" the City, including its officers, officials, agents, employees and authorized volunteers.

All policies shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of City of policy cancellation of coverage, except for: (1) nonpayment, which shall provide a ten (10) day written notice of such cancellation of coverage, and (2) the workers' compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage.

The operator shall present to the Petroleum Administrator copies of the pertinent portion of the insurance policies evidencing all coverage and endorsements required by this Section before the issuance of any permit subject to this Chapter, and the acceptance by the City of a policy without the required limits or coverage shall not be deemed a waiver of these requirements. The City may, in its sole discretion, accept a certificate of insurance in lieu of a copy of the pertinent portion of the policy pending receipt of such document by the City. After the issuance of the permit, the City may require the operator to provide a copy of the most current insurance coverage and endorsements for review at any time. The operator will be responsible for paying an administration fee to cover the costs of such review as may be established by the City's fee schedule.

Claims-made policies shall not be accepted except for excess policies and environmental impairment (or seepage and pollution) policies.

Insurance coverage shall be reviewed by the Petroleum Administrator as required by CMC § 9509 to ensure adequate insurance is maintained.

Required Insurance Coverage.

Commercial or Comprehensive General Liability Insurance.

Bodily injury and property damage coverage shall be a minimum combined single limit of $2,000,000 per occurrence, $2,500,000 in the aggregate. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, underground reservoir (or resources) damage, broad form property damage, independent contractor's protective liability and personal injury.

ii.

Environmental impairment (or seepage and pollution) coverage shall be either included in the comprehensive general liability coverage or as separate coverage. Such coverage shall not exclude damage to the lease site. If environmental impairment (or seepage and pollution) coverage is written on a claims-made basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, oil and gas, waste material, or other irritants, contaminants or pollutants. Such policy shall provide for minimum combined single limit coverage of $2,000,000 per occurrence and $2,500,000 in the aggregate. A discovery period for such peril shall not be less than ten (10) years after the occurrence.

Commercial Automobile Liability Insurance. Minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. The policy shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and nonowned automobiles or other licensed vehicles (Section 1, Subsection A.1 entitled "Any Auto").

Workers' Compensation Insurance. Maintain the minimum statutory requirements, coverage which shall not be less than $1,000,000 for each occurrence.

Excess (or Umbrella) Liability Insurance. Minimum limit of $25,000,000 providing excess coverage for each of the perils insured by the preceding liability insurance policies, except for underground reservoir (or resources) damage.

Control of Well Insurance (Only During Drilling or Reworking).

Minimum limit of $40,000,000 per occurrence, with a maximum deductible of $500,000 per occurrence.

ii.

Policy shall cover the cost of controlling a well that is out of control, drilling or restoration expenses, and seepage and pollution damage. Damage to property in the operator's care, custody and control with a sub-limit of $500,000 may be added.

iii.

The Petroleum Administrator may reduce or waive the coverage requirements upon finding that the operations will be confined to depths and formations within which there is no substantial risk of loss of well control.

Self-Insurance. The operator shall have the option to self-insure if insurance is not commercially feasible to obtain and maintain in the commercial insurance market, as certified by a written report prepared by an independent insurance advisor of recognized national standing, for the following types of insurance required by this subsection: excess (or umbrella) liability insurance, control of well insurance, and environmental impairment (or seepage and pollution) coverage. The operator shall provide a certificate for self-insurance subject to approval by the Petroleum Administrator and Risk Management, and to the City Attorney for approval as to legal sufficiency. To the extent said insurance is limited to amounts less than that required by this Chapter, the operator must first obtain available insurance coverage to the extent it is commercially feasible, and then shall self-insure for the remaining amount.

Failure to Maintain Coverage. Upon failure of the operator or contractors to provide that proof of insurance as required by this Section when requested, the Petroleum Administrator may order the suspension of any outstanding permits and petroleum operations of the operator until the operator provides proof of the required insurance coverage.

(Ord. 16-1590, Exh. B (§ 1))

§ 9521 Setback Requirements.

The surface locations of wells and tanks within an oil and gas site shall not be located within:

Seven hundred fifty (750) feet of the property boundaries of any public school, public park, clinic, hospital, long-term health care facility.

Seven hundred fifty (750) feet of the property boundaries of any residence or residential zone, as established in this Code, except the residence of the owner of the surface land on which a well might be located and except a residence located on the land which, at the time of the drilling of the well, is under lease to the person drilling the well.

Seven hundred fifty (750) feet of the property boundaries of the commercially designated zone CN, CA, MU-CS or MU-SB (see Table 1-1), as established by this Code.

Fifty (50) feet of any dedicated public street, highway, public walkway, or nearest rail of a railway being used as such.

For all injection wells, the applicant shall provide a copy of the area of review (AOR) study, consistent with the requirements of California Code of Regulations, Title 14, Section 1724.7, as per DOGGR.

Legally existing oil and gas operations that do not meet the setback requirements and were conforming immediately before the effective date of the ordinance codified in this Chapter are not considered nonconforming uses and are not made subject to Division 2 of Part 8 of Chapter 1 of Article IX, Nonconformities, by this Chapter. Such operations may continue to lawfully operate to the extent the operations can demonstrate to the City vested rights as of the effective date of the ordinance codified in this Chapter, but are prohibited from expanding operations beyond those demonstrated vested rights. Vested rights for a particular well may be demonstrated by the existence of an installed conductor in a cellar for that well or any other method established by law. The operator can replace structures and equipment required for oil and gas operations that are damaged, have failed, are at risk of failure, or are at the end of their useful life. Said replacements shall be made with like-kind structures and equipment that do not expand capacity or structural footprint. If the operator can demonstrate that such structure or equipment is not reasonably available or appropriate for current operational practices, the Petroleum Administrator may approve minor expansion of equipment or structure upon finding the proposed changes are minor and do not constitute or tend to produce an expansion or intensification of capacity for the site. For existing oil and gas facilities and operations that do not meet the setback requirements as of the effective date of the ordinance codified in this Chapter, drilling of new wells is prohibited unless the operator can demonstrate vested rights for each new well.

Consolidation and Relocation Incentives.

Existing Uses in Setback. For existing wells legally operating within the prohibited setback identified in subsection (A) of this Section, an operator can exchange wells, either existing or vested, at a one-to-two (1:2) ratio to another (existing) receiving site(s) without counting toward new development that would require a CUP or DA.

Existing Uses Outside Setback. For existing wells legally operating outside the prohibited setback, an operator can exchange only wells actually existing at the time of the ordinance codified in this Chapter (not vested or hypothetical wells) at a one-to-one (1:1) ratio to another existing receiving site(s) without counting toward "new development" that would require a CUP or DA. The contributing site must be completely abandoned before wells can be constructed at any receiving site. The operator must completely abandon all surface rights to the contributing site (i.e., no future oil and gas operations to occur at the site) and provide acceptable proof to the City of the same. All receiving sites must exist and have active operations as of the date of approval of the ordinance codified in this Chapter.

For All Consolidation or Relocation. The operator must provide the City with notice of intent to transfer prior to abandonment of any well(s) or contributing site intended to be consolidated or relocated. Transfers may occur at any time after abandonment is complete and the rights may be "banked" and assigned to another operator upon notice to the City. No well can be transferred more than one time. The receiving well location or site must be located outside the boundaries identified in subsections (A)(1) through (A)(3) of this Section, and comply with subsection (A)(4) of this Section outside of the prohibited setback. The receiving site cannot expand by more than ten (10) wells from any source or exchange, in addition to those existing or vested, without being considered new development. All receiving sites must comply with CMC § 9501(B) for sites not required to obtain a new CUP. The receiving site must also extract petroleum from the same oil or gas field; consolidation or relocation between fields is prohibited for incentive purposes.

(Ord. 16-1590, Exh. B (§ 1))

§ 9522 Site Access and Operation.

The following measures shall be implemented throughout the operation of any oil and gas site or project subject to this Chapter.

(Ord. 16-1590, Exh. B (§ 1))

§ 9522.1 Deliveries.

For oil and gas sites located in nonindustrial areas or for delivery routes, other than designated truck routes, that pass through or adjacent to prohibited zones as listed in Table 1-1, (a) deliveries to the oil or gas sites shall not be permitted after 6:00 p.m. and before 8:00 a.m., except in cases of emergency, and (b) no deliveries shall be permitted on Saturdays, Sundays or legal holidays, except in cases of emergency.

(Ord. 16-1590, Exh. B (§ 1))

§ 9522.2 Construction Time Limits.

Construction of permanent structures, workovers and other maintenance, including replacement in kind, shall not be permitted after 7:00 p.m. and before 7:00 a.m., or during Saturdays, Sundays, or legal holidays, except in the event of an emergency as approved by the Petroleum Administrator. The drilling or redrilling of wells is not subject to construction time limits.

(Ord. 16-1590, Exh. B (§ 1))

§ 9522.3 Oil and Gas Site Parking.

At all times during the construction and operation of any oil and gas site, parking facilities shall be provided for all vehicles associated with the oil or gas site at a rate of one (1) parking space per shift-employee. If approved as part of a CUP or a DA, parking for vehicles of employees or workers engaged in any oil or gas site activities can also be provided by the operator at off-site parking lots or in parking facilities, other than public streets, at locations other than the oil or gas site. The operator shall prohibit personal parking on City streets by operator, permittees, contractors, or consultant staff. If the parking lot or parking facilities are not located within a reasonable walking distance of the controlled drill site, the operator shall provide transportation to and from the parking site for employees and workers.

At all times vehicular access to an oil and gas drill site shall be provided in accordance with the plans for vehicular access reviewed and approved by the City Engineer, except for operations existing prior to the effective date of the ordinance codified in this Chapter.

All entrances to an oil and gas site shall be equipped with sliding or swinging gates which shall be kept closed at all times except when authorized vehicles are entering or leaving the oil and gas site.

When traffic lanes on any public street are closed or impaired by the operator's operations, flagmen and safety officers as required by the Los Angeles County Sheriff's office shall be provided by the operator at all such times to control traffic and maintain traffic flow.

(Ord. 16-1590, Exh. B (§ 1))

§ 9523 Lighting.

Except for oil and gas sites located within industrial zones, and located farther than one thousand (1,000) feet from any prohibited zone as listed in Table 1-1, all lighting sources that may be introduced on a site in support of nighttime operations at the onset and throughout all operations at an oil and gas site shall be screened and directed to prevent light or glare from passing beyond site boundaries. Outdoor lighting shall be restricted to only those lights that are required by Article 8 for lighting building exteriors and safety and security needs.

(Ord. 16-1590, Exh. B (§ 1))

§ 9524 Aesthetics.

The following measures shall be implemented for all projects that are subject to this Chapter.

(Ord. 16-1590, Exh. B (§ 1))

§ 9524.1 Landscaping/Visual Resources.

Prior to any new development, the operator shall implement a landscaping plan prepared by a licensed landscape architect, that has been approved as part of a CUP or a DA, which provides adequate screening and blending of the facilities so that the site shall not appear unsightly or aesthetically deficient compared with the surrounding character of the area. Except for oil and gas sites located within industrial zones, all tanks shall not extend more than twenty (20) feet above the surface of any site, unless otherwise approved in a CUP or DA.

Within six (6) months after the completion of activities related to the drilling or redrilling of a well and the removal of the drilling well mast/rig, any oil and gas site shall be landscaped with suitable shrubbery and trees in accordance with a plan approved by the Planning Commission, unless the site is to be otherwise developed in such a manner that would preempt revegetation requirements.

If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, if any drilling masts are in place on an oil and gas site for a time period of more than one (1) year and are visible from public viewing points, then the operator shall wrap all such masts to reduce their visibility prior to the onset of operations at an oil and gas site.

(Ord. 16-1590, Exh. B (§ 1))

§ 9524.2 Walls.

Prior to commencement of operations at an oil or gas site the following development standards shall be satisfied:

All oil and gas sites shall be enclosed with a wall not less than six (6) feet high, which shall be of a material and texture that blends in with the surrounding environment and is not visually obtrusive. There shall be no aperture below the wall larger than one (1) foot in height.

The wall enclosure around the oil and gas site shall have a setback of twenty-five (25) feet from all property lines. The gate or entrance through the wall shall remain locked at all times and constructed in a manner to prevent the public from coming closer than twenty-five (25) feet to the pumping facilities. Pursuant to the approval of the CUP, the location of the wall may be modified subject to compliance with the California Fire Code as approved in a CUP or DA with modifications as applicable.

The entire outside facing length of the wall must be coated with anti-graffiti paint or solutions.

(Ord. 16-1590, Exh. B (§ 1))

§ 9524.3 Sanitation.

The oil and gas site shall be maintained in a clean, sanitary condition, free from accumulations of garbage, refuse, and other wastes.

(Ord. 16-1590, Exh. B (§ 1))

§ 9524.4 Architecture.

The architectural design of any oil or gas site buildings, equipment, drilling mechanisms or other associated structures shall be consistent with the character of the surrounding community and shall utilize finishing materials and colors which blend in with the surrounding environment and are not visually obtrusive.

(Ord. 16-1590, Exh. B (§ 1))

§ 9525 Roads.

The following policies specific to streets or other roads shall apply to all projects for which this Chapter is applicable.

(Ord. 16-1590, Exh. B (§ 1))

§ 9525.1 Construction of Site Access Roads.

Private roads and other excavations required for the construction of access roads shall be designed, constructed, and maintained to provide stability of fill, minimize disfigurement of the landscape, prevent deterioration of vegetation, maintain natural drainage, and minimize erosion. Prior to construction of any new road, the operator shall prepare and submit to the Department of Public Works for review and approval a private road construction plan. The operator shall thereafter comply with all provisions of the approved private road construction plan. All new private access roads leading off any surfaced public street or highway shall be paved with asphalt or concrete not less than three (3) inches thick for the length of said access road from the public street or highway.

(Ord. 16-1590, Exh. B (§ 1))

§ 9526 Signage.

The following policies apply only to signs visible from the public right-of-way:

Signage as required by DOGGR or law shall be kept in good legible condition at all times.

No sign other than that described in this Chapter or required by law shall be allowed, other than informational signs, "No Smoking" signs, and other signs as reasonably required for safe operation of the project.

Identification signs shall be posted and maintained in good condition along the outer boundary line and along the walls adjoining the public roads that pass through the oil or gas site. Each identification sign shall prominently display current and reliable emergency contact information that will enable a person to promptly reach, at all times, a representative of the operator who will have the expertise to assess any potential problem and recommend a corrective course of action. Each sign shall also have the telephone number of the City Department of Planning or Zoning Enforcement section and the number of SCAQMD that can be called if odors are detected. For existing oil and gas sites, the signs shall be updated when they are replaced or repaired.

(Ord. 16-1590, Exh. B (§ 1))

§ 9527 Steaming.

The installation of any surface equipment designed to produce steam shall be prohibited without the approval of the Petroleum Administrator. The operator shall submit a steaming plan addressing equipment sizing and design to the Petroleum Administrator for review and approval. The operator shall also submit well casing and cementing design specifications as required by DOGGR.

(Ord. 16-1590, Exh. B (§ 1))

§ 9528 Utilities.

Each oil or gas site shall be served by and utilize only reclaimed water, aside from potable water used for human consumption, unless the use of reclaimed water is deemed infeasible by the Petroleum Administrator, in which case the following criteria apply:

The operator must prepare and submit a supply assessment study of all water resources available for use and submit the study for review to the Petroleum Administrator.

If the study indicates that potable water is the only feasible alternative then the operator may utilize such a water source only if the operator provides an equal and measurable benefit to the community for such use, as determined by the Petroleum Administrator.

New electrical power shall be routed underground from the nearest source adequate to meet the needs of the well site.

(Ord. 16-1590, Exh. B (§ 1))

§ 9529 On-Site Storage and Placement of Equipment.

No equipment shall be stored or placed on the site which is not either essential to the everyday operation of the oil or gas well located thereon or required for emergency purposes.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530 Safety Assurances and Emergency/Hazard Management.

The following measures shall be implemented throughout the operation of any oil or gas site or project subject to this Chapter.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.1 Fire Prevention Safeguards.

All oil and gas site operations shall conform to all applicable fire and safety regulations, codes, and laws.

The oil and gas site shall be kept free of debris, pools of oil, water or other liquids, weeds, and trash.

Land within twenty-five (25) feet of the facilities shall be kept free of dry weeds, grass, rubbish or other combustible material at all times.

All equipment, facilities, and design shall be approved by the Los Angeles County Fire Department, as applicable, prior to approval of a CUP or DA.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.2 Blowout Standards and Testing.

The operator shall comply with DOGGR regulations for blowout prevention and will provide all equipment as stipulated in the DOGGR regulations during the drilling operations of any well.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.3 Earthquake Shutdown.

The operator shall immediately inspect all oil and gas-related facilities, equipment, and pipelines following any seismic event with a magnitude of four (4.0) or greater with an epicenter within ten (10) kilometers of the oil and gas site, magnitude four and one-half (4.5) or greater within thirty (30) kilometers, or magnitude six (6.0) within one hundred (100) kilometers.

The operator shall either (1) operate and maintain an accelerometer at the project site or (2) obtain real time data from the USGS to determine the earthquake magnitude of any seismic event in the area. The operator shall immediately inspect all project site pipelines, facilities, equipment, storage tanks, and other infrastructure following any seismic event above the thresholds defined in subsection (A) of this Section and promptly notify the City Engineer and the Petroleum Administrator of the results of the inspection within twenty-four (24) hours of the seismic event. Shall there be any structural damage or equipment failure as a result of any seismic event, the operator shall isolate and address any damage or equipment failure as appropriate to minimize environmental or safety impacts. The operator shall prepare and submit a written report of all inspections and findings to the City for review with one (1) week of the seismic event.

The operator shall not reinstitute operations at those portions of the project site and associated pipelines damaged by a seismic event until the damage has been repaired and confirmed by the operator to be structurally sound and safe for operation, and has passed any otherwise required inspection. Before returning any damaged structure, fixture or equipment to operation, the operator shall prepare and submit to the Petroleum Administrator a written report of inspections and repairs of that structure, fixture or equipment, and the results of any required inspection.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.4 Storage Tank Monitoring.

The operator shall install tank leak detection monitoring system that will indicate the physical presence of a leaked product underneath storage tanks on site that have the potential to result in soil contamination. The results of the monitoring shall be submitted to the Petroleum Administrator upon request. The monitoring system required by California Code of Regulations, Title 14, Section 1773.2, is sufficient. This Section does not apply to existing facilities.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.5 Safety Measures and Emergency Response Plan.

The operator is responsible for compliance with safety and emergency response requirements.

Copies of all emergency response plans, emergency action plans, oil spill plans, inspections, reports and any emergency response drill training as required by DOGGR, CalEPA, OSHA, Los Angeles County Fire Department, SCAQMD or any other agency shall be submitted to the City.

Safety Audit. The operator shall cause to be prepared an independent third-party audit, under the direction and supervision of the City, of all facilities, once constructed or within one (1) year of the adoption of the ordinance codified in this Chapter, including the well pads, to ensure compliance with the California Fire Code (as may be adopted by the City with modifications as applicable), applicable API and NFPA codes, EPA RMP, OSHA PSM, DOGGR and SPCC and emergency response plans requirements. All audit items shall be implemented in a timely fashion, and the audit shall be updated annually, as directed by the City and the Los Angeles County Fire Department. The operator shall also cause to be prepared a seismic assessment, including walkthroughs, of equipment to withstand earthquakes prepared by a registered structural engineer in compliance with Local Emergency Planning Committee Region 1 CalARP guidance and the seismic assessment shall be updated, with walkthrough inspections, annually to ensure compliance with the codes and standards at the time of installation.

Community Alert System. If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, the operator shall implement a community alert notification system, or utilize an existing system operated by the Police, Sheriff or Fire Department, to automatically notify area residences and businesses in the event of an emergency at an oil or gas site that would require residents to take shelter or take other protective actions.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.6 Transportation of Chemicals and Waste On and Off Site.

The operator shall implement the following measures throughout the operations of any oil and gas site subject to this Chapter:

Solid Waste Disposal. Solid waste generated on the site shall be transported to a permitted landfill or hazardous waste disposal site as may be appropriate for the life of the operation. The operator shall provide written notice to the Petroleum Administrator of the landfill or hazardous waste disposal facility being utilized.

Site Waste Removal. The operator shall comply with the following provisions:

All drilling and workover waste shall be collected in enclosed bins. Any drilling and workover wastes that are not intended to be injected into a class II well, as permitted by DOGGR, shall be removed from the project site no later than thirty (30) days following completion of the drilling and workover.

No site waste shall be discharged into any sewer unless permitted by the Sanitation District, or into any storm drain, irrigation system, stream, or creek, street, highway, or drainage canal. Nor shall any such wastes be discharged on the ground.

Storage of Hazardous Materials. The operator shall submit to the Petroleum Administrator a copy of the hazardous material business plan, as reviewed by the Los Angeles County Fire Department, annually. This plan shall include a complete listing and quantities of all chemicals used on site, and provide the location of where hazardous materials are stored at the site. Hazardous materials shall be stored in an organized and orderly manner, and identified as may be necessary to aid in preventing accidents, and shall be reasonably protected from sources of external corrosion or damage to the satisfaction of the Fire Chief of the Los Angeles County Fire Department or designee.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.6.1 Natural Gas Liquids (NGLs).

Throughout the operation of any oil and gas site subject to this Chapter, NGLs, as defined by this Code, shall be blended with crude oil for shipment by pipeline to the maximum extent allowable within the technical specifications of the pipeline. Oil transportation pipelines and gas processing facilities shall be designed to maximize the blending of NGLs into the crude oil stream.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.6.2 Transportation Risk Management and Prevention Program (TRMPP).

If the transportation routes of any product from oil and gas development in the City passes through or adjacent to any prohibited zoning as listed in Table 1-1, excluding designated truck routes, the operator shall prepare and maintain a transportation risk management and prevention program which shall be provided to the Petroleum Administrator upon request. The TRMPP may contain the following components including, but not limited to:

Provisions for conducting comprehensive audits of carriers biennially to assure satisfactory safety records, driver hiring practices, driver training programs, programs to control drug and alcohol abuse, safety incentive programs, satisfactory vehicle inspection and maintenance procedures, and emergency notification capabilities. The operator shall submit to the City any audits that were conducted each calendar year.

Provisions for allowing only carriers which receive a satisfactory rating under the above audit process to transport oil and gas.

Truck loading procedures for ensuring that the loading rack operator and the truck driver both conduct, and document in writing, a visual inspection of the truck before loading and procedures to specify actions to be taken when problems are found during the visual inspection.

(Ord. 16-1590, Exh. B (§ 1))

§ 9530.6.3 Pipeline Leak Detection.

All new off-site DOT oil pipelines shall use a supervisory control and data acquisition (SCADA-type) monitoring system for leak detection; unless the Petroleum Administrator determines that there is better available technology that shall be utilized instead. Flow meters used on the SCADA system shall be accurate to within one (1) percent. If a leak is detected the operator shall be responsible for immediately reporting it to the Petroleum Administrator.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531 Environmental Resource Management.

Throughout operation of an oil and gas site, the operator shall comply with the following environmental resource management policies.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.1 General Environmental Program.

Environmental Quality Assurance Program ("EQAP"). The operator shall comply with all provisions of an environmental quality assurance program that has been accepted by the Petroleum Administrator and approved as part of a CUP or DA. For oil and gas sites that are existing at the time of the adoption of the ordinance codified in this Chapter and are not required to have a CUP, completion of the requirements of CMC § 9530.5(B) satisfies the requirements of this Section. The following provisions relate to the EQAP:

EQAP Requirements. The EQAP shall provide a detailed description of the process, individual steps, and submissions the operator shall take to assure compliance with all provisions of this Section, including, but not limited to, all of the monitoring programs called for by this Section.

Annual EQAP Reports. Within sixty (60) days following the end of each calendar year, the operator shall submit to the Petroleum Administrator an annual EQAP report that reviews the operator's compliance with the provisions of the EQAP over the previous year and addresses such other matters as may be requested by the Petroleum Administrator. The annual EQAP report shall include the following:

A complete list and description of any and all instances where the provisions of the EQAP, or any of the monitoring programs referred to therein or in this Section, were not fully and timely complied with, and an analysis how compliance with such provisions shall be improved over the coming year.

ii.

Results and analyses of all data collection efforts conducted by the operator over the previous year pursuant to the provisions of this Section.

EQAP Updates. Proposed updates to the EQAP shall be submitted to the Petroleum Administrator for approval along with the annual EQAP report. The Petroleum Administrator shall complete the review of EQAP updates as soon as practicable, and shall either approve the updated EQAP or provide the operator with a list of specific items that must be included in the EQAP prior to approval. The operator shall respond to any request for additional information within thirty (30) days of receiving such request from the Petroleum Administrator and shall modify the proposed EQAP update consistent with the Petroleum Administrator's request.

Publicly Available Monitoring Data. The operator shall be responsible for making current monitoring results and data available to the public unless otherwise required by law. The up-to-date monitoring data and results shall be maintained by the operator. The monitoring results and data shall include the following information:

Air quality data (if required to be collected);

Wind direction speed (if required to be collected);

Seismic events;

Water quality monitoring results for both surface and groundwater monitoring locations at an oil or gas site, or from nearby groundwater monitoring location(s) as authorized by the Petroleum Administrator;

Pipeline testing and monitoring results;

Vibration (if required to be collected); and

Ambient noise levels (if required to be collected).

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.2 Air Quality.

The operator shall at all times conduct oil or gas site operations to prevent the unauthorized release, escape, or emission of dangerous, hazardous, harmful and/or noxious gases, vapors, odors, or substances, and shall comply with the following provisions:

Odor Minimization. If the site is within one thousand five hundred (1,500) feet of any prohibited zoning as listed in Table 1-1, or if three (3) odor complaints from three (3) different citizens of the City have been confirmed by the SCAQMD or the City within any twelve (12) month period, at all times the operator shall comply with the provisions of an odor minimization plan that has been approved by the Petroleum Administrator. The plan shall provide detailed information about the site and shall address all issues relating to odors from oil or gas operations. Matters addressed within the plan shall include setbacks, signs with contact information, logs of odor complaints, method of controlling odors such as flaring and odor suppressants, and the protocol for handling odor complaints. The odor minimization plan shall be reviewed and updated by the operator on an annual basis to determine if modifications to the plan are required. Any modifications to the odor minimization plan shall be submitted to the Petroleum Administrator for review and approval. Any operator's submissions to the SCAQMD shall be provided to the Petroleum Administrator and shall be consistent with this Section. An odor minimization plan is not required for facilities existing at the time of the adoption of the ordinance codified in this Chapter if the operator can demonstrate that the facility has not experienced a confirmed odor complaint within the previous five (5) years.

Portable Flare for Drilling. If the well is within one thousand five hundred (1,500) feet of any prohibited zoning as listed in Table 1-1, and either the historical operations of the producing zone have exhibited a gas-oil ratio (standard cubic feet per barrel) of more than four hundred (400) or no data is available on the producing zone targeted, the operator shall have a gas buster and a portable flare, approved by the SCAQMD, at the oil and gas site and available for immediate use to remove any gas encountered during drilling and abandonment operations from well muds prior to the muds being sent to the shaker table, and to direct such gas to the portable flare for combustion. The portable flare shall record the volume of gas that is burned in the flare. The volume of gas burned in the flare shall be documented in the operations logs. The operator shall notify the Fire Chief of the Los Angeles County Fire Department and the SCAQMD within forty-eight (48) hours in the event a measurable amount of gas is burned by the flare, and shall specify the volume of gas that was burned in the flare. All other drilling and abandonment operations shall be conducted so that any measurable gas that is encountered can, and will, be retained in the well bore until the gas buster and portable flare are installed on the rig, after which the gas will be run through the system to flare. The operator shall immediately notify the Fire Chief of the Los Angeles County Fire Department and the SCAQMD in the event any gas from operation is released into the atmosphere without being directed to and burned in the flare.

Odor Control for Drilling Operations. If the well is within one thousand five hundred (1,500) feet of any prohibited zoning as listed in Table 1-1 and either the historical operations of the producing zone have exhibited a gas-oil ratio of more than four hundred (400) standard cubic feet per barrel or no data is available on the producing zone targeted, the operator shall use an enclosed mud system that directs all mud vapors through an odor capturing system, such as a carbon bed, to prevent odorous pollutants from passing the site boundaries and impacting the area. An odor suppressant spray system may be used on the mud shaker tables for all drilling operations to ensure that no odors from said operations can be detected at the outer boundary line of the oil and gas site.

Closed Systems. The operator shall ensure that all produced water, gas and oil associated with production, processing, and storage, except those used for sampling only, are contained within closed systems at all times and that all pressure relief systems, including tanks, vent to a closed header and flare-type system to prevent emissions of pollutants. This subsection does not apply to existing facilities.

No open pits are allowed. Open tanks may be allowed to hold mud from active drilling operations.

Off-Road Diesel Construction Equipment Engines. All off-road diesel construction equipment shall comply with the following provisions:

Utilize California Air Resources Board ("CARB") EPA Certification Tier III or other methods approved by the CARB as meeting or exceeding the Tier III standard.

Utilize a CARB Level 3 diesel catalyst. The catalyst shall be capable of achieving an eighty-five (85) percent reduction for diesel particulate matter. Copies of the CARB verification shall be provided to the Petroleum Administrator. Said catalysts shall be properly maintained and operational at all times when the off-road diesel construction equipment is in use. Use of an EPA Certification Tier 4i engine will also satisfy this requirement.

Drill Rig Engines. All drilling rig diesel engines shall comply with the following provisions:

Utilize CARB/EPA Certification Tier III or better certified engines.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.3 Greenhouse Gas Emissions and Energy Efficiency Measures.

The operator of an oil and gas site shall completely offset all emissions from the oil and gas site through participation in the statewide cap and trade program, if applicable, or obtaining credits from another program, such as the SCAQMD Regulation XXVII, as approved by the Petroleum Administrator. On an annual basis, the operator shall provide the Petroleum Administrator with documentation of the operator's participation in the program. This Section does not apply to existing facilities.

Throughout the oil and gas site life, as equipment is added or replaced, cost-effective energy conservation techniques shall be incorporated into project design.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.4 Air Quality Monitoring and Testing Plan.

If the site is within one thousand five hundred (1,500) feet of any prohibited zoning as listed in Table 1-1, at all times the operator shall comply with the provisions of an air monitoring plan that has been approved by the Petroleum Administrator. During all well operations, including but not limited to drilling, redrilling and workover operations, the operator shall continuously monitor for hydrogen sulfide, in a manner that allows for detection of pollutants from all wind directions, as approved by the Petroleum Administrator. Total hydrocarbon vapors shall be monitored at drilling, workover and processing plant areas as specified in the approved plan. Such monitors shall provide automatic alarms that are triggered by the detection of hydrogen sulfide or total hydrocarbon vapors. The alarms shall be audible and/or visible to the person operating the equipment. Actions to be taken shall be as follows when specified alarm levels are reached:

At a hydrogen sulfide concentration of equal to or greater than five (5) parts per million but less than ten (10) parts per million, the operator shall immediately investigate the source of the hydrogen sulfide emissions and take prompt corrective action to eliminate the source. The corrective action taken shall be documented in the drilling or workover log. If the concentration is not reduced to less than five (5) parts per million within four (4) hours of the first occurrence of such concentration, the operator shall shut down the drilling or workover operations and equipment in a safe and controlled manner, until the source of the hydrogen sulfide emissions has been eliminated, unless shutdown creates a health and safety hazard.

At a hydrogen sulfide concentration equal to or greater than ten (10) parts per million, the operator shall promptly shut down the drilling or workover operations and equipment in a safe and controlled manner until the source of the hydrogen sulfide emissions has been eliminated, unless shutdown creates a health and safety hazard. The corrective action taken shall be documented in the drilling or workover log. When an alarm is received, the operator shall promptly notify the Los Angeles County Fire Department, the Petroleum Administrator, and the SCAQMD.

At a total hydrocarbon concentration equal to or greater than five hundred (500) parts per million but less than one thousand (1,000) parts per million, the operator shall immediately investigate the source of the hydrocarbon emissions and take prompt corrective action to eliminate the source. The corrective action taken shall be documented in the drilling log for drilling or workover and in the log for the oil and gas site. If the concentration is not reduced to less than five hundred (500) parts per million within four (4) hours of the first occurrence of such concentration, the operator shall shut down the drilling or workover or site operations in a safe and controlled manner, until the source of the hydrocarbon emissions has been eliminated, unless shutdown creates a health and safety hazard.

At a total hydrocarbon concentration equal to or greater than one thousand (1,000) parts per million, the operator shall promptly shut down the drilling or workover or operations in a safe and controlled manner, until the source of the hydrocarbon emissions has been eliminated, unless shutdown creates a health and safety hazard. The corrective action taken shall be documented in the drilling log for drilling or workover and in the log. When an alarm is received, the operator shall promptly notify the Los Angeles County Fire Department Health Hazardous Materials Division, and the SCAQMD.

The Petroleum Administrator may also require additional monitoring at the closest residential receptor periodically for hydrogen sulfide, hydrocarbons or toxic air contaminants. All the monitoring equipment shall keep a record of the levels of total hydrocarbons and hydrogen sulfide detected at each of the monitors, which shall be retained for at least five (5) years. The operator shall, on a quarterly basis, provide a summary of all monitoring events where the hydrogen sulfide concentration was at five (5) parts per million or higher and the total hydrocarbon concentration was at five hundred (500) parts per million or higher to the Fire Chief of the Los Angeles County Fire Department. At the request of the Fire Chief, the operator shall make available the retained records from the monitoring equipment.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.5 Water Quality.

The operator shall at all times conduct operations to avoid any adverse impacts to surface and groundwater quality, and shall comply with the following provisions.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.5.1 Water Management Plan.

The operator shall comply with all provisions of a potable water management plan that has been approved by the Petroleum Administrator. The plan shall include best management practices, water conservation measures, and the use of a drip irrigation system. The water management plan shall be reviewed by the operator every three (3) years to determine if modifications to the plan are required. Any modifications to the water management plan shall be submitted to the Petroleum Administrator for review and approval. This Section does not apply to existing facilities.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.5.2 Storm Water Runoff.

Construction Storm Water Pollution Prevention Plan ("SWPPP"). The operator shall maintain and implement all provisions of a storm water pollution prevention plan ("SWPPP") that has been submitted to the Regional Water Quality Control Board, if required. The operator shall provide the Petroleum Administrator with a copy of the SWPPP, and any future modifications, revisions, or alterations thereof, or replacements therefor upon written or verbal request of the Petroleum Administrator. The SWPPP shall be updated prior to new construction activities as required by the Regional Water Quality Control Board.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.5.3 Groundwater Quality.

Prior to any new development, the operator shall prepare and submit a baseline study of all groundwater resources located within and beneath the project site or directly adjacent to the site, to specifically include an analysis of the location and reservoir characteristics of all existing groundwater resources, a chemical analysis of the groundwater, and an overall assessment of the groundwater quality.

The operator shall not inject any water spoils/wastewater derived from the any oil or gas operations into any nonexempt or DOGGR exempt freshwater aquifers.

Within thirty (30) days of request by the City, the operator shall deposit funds with the City necessary to retain a third party to prepare a hydrological analysis groundwater testing program prior to any construction activities, or alternately, provide comparable analyses performed through the groundwater ambient monitoring and assessment program or other reliable source as determined by the Petroleum Administrator. Depending on the results of the geohydrological analyses the Petroleum Administrator has the discretion to require the operator to install one (1) or more groundwater monitoring wells to allow for confirmation that groundwater is not being affected by oil and gas activities. As part of the groundwater testing program the operator is required to provide the Petroleum Administrator with annual monitoring and testing results.

The operator shall be responsible for obtaining a field/site study from DOGGR. If DOGGR does not provide this to the operator then the operator shall submit evidence detailing DOGGR's response to their field/site study request to the Petroleum Administrator for review.

The operator shall provide to the Petroleum Administrator a copy of the DOGGR annual injection project review (if the operator is operating a water injection or water disposal well) upon written or verbal request by the Petroleum Administrator. The operator shall provide to the Petroleum Administrator the results of any DOGGR required cement casing integrity testing, including radial cement evaluation logs or equivalent upon written or verbal request by the Petroleum Administrator, before any wells are put into production.

(Ord. 16-1590, Exh. B (§ 1))

§ 9531.6 Noise Impacts.

All facilities at an oil or gas site located within one thousand (1,000) feet of any prohibited zones, as indicated in Table 1-1, or if noise levels exceed City thresholds as confirmed by the Petroleum Administrator, operations shall comply with the following provisions:

All noise produced from the site shall conform to the noise thresholds specified in CMC § 5500, § 5501, § 5502 and § 5503.

Backup alarms on all vehicles operating within one thousand (1,000) feet of the prohibited zone in Table 1-1 shall be disabled between the hours of 6:00 p.m. and 8:00 a.m. During periods when the backup alarms are disabled, the operator shall employ alternative low-noise methods for ensuring worker safety during vehicle backup, such as the use of spotters.

Any and all operations, construction, or activities on the site between the hours of 6:00 p.m. and 8:00 a.m. shall be conducted in conformity with a quiet mode operation plan that has been approved by the Petroleum Administrator. The quiet mode operation plan shall be reviewed by the operator every year to determine if modifications to the plan are required. Any modifications to the quiet mode drilling plan shall be submitted to the Petroleum Administrator for review and approval. Operations that are existing at the time the ordinance codified in this Chapter is adopted are exempt from the quiet mode plan submittal requirements but are required to comply with the quiet mode provisions listed in CMC § 9507.1(J).

All noise-producing oil and gas site equipment shall be regularly serviced and repaired to minimize increases in pure tones and other noise output over time. The operator shall maintain an equipment service log for all noise-producing equipment.

All construction equipment shall be selected for low-noise output. All construction equipment powered by internal combustion engines shall be properly muffled and maintained.

Unnecessary idling of construction equipment internal combustion engines is prohibited.

The operator shall instruct employees and subcontractors about the noise provisions of this Chapter. The operator shall prominently post quiet mode policies at every oil and gas site if applicable.

All oil operations on the oil and gas site shall be conducted in a manner that minimizes vibration. Additionally, vibration levels from oil or gas operations at the site, as measured from the perimeter of the oil or gas site, shall not exceed a velocity of one-quarter (0.25) millimeters per second over the frequency range one (1) to one hundred (100) Hertz.

For all oil and gas operations if noise levels exceed the levels prescribed in CMC § 5500, § 5501, § 5502 and § 5503, or the vibration thresholds specified in subsection (H) of this Section, including those outside of one thousand (1,000) feet as indicated above, within thirty (30) days of request by the Petroleum Administrator, the operator shall deposit funds for the Petroleum Administrator to retain an independent qualified acoustical engineer to monitor (1) ambient noise levels and (2) vibration levels in the areas surrounding the oil or gas site as determined necessary by the Petroleum Administrator. The monitoring shall be conducted unannounced and within a time frame specified by the Petroleum Administrator. Should noise or vibrations from the oil or gas site exceed the noise thresholds specified in CMC § 5500, § 5501, § 5502 and § 5503, or the vibration thresholds specified in subsection (H) of this Section, operation can also be subject to enforcement under this Chapter including notices of violation per CMC § 9514. No new drilling permits, CUPs, or DAs shall be issued by the City until the operator in consultation with the Petroleum Administrator identifies the source of the noise or vibration and the operator takes the steps necessary to assure compliance with thresholds specified in this Chapter. The results of all such monitoring shall be promptly posted on the website for the oil or gas site and provided to the Petroleum Administrator.

(Ord. 16-1590, Exh. B (§ 1))

§ 9532 Standards for Wells.

The operator shall comply with all of the following provisions:

All DOGGR regulations related to drilling, workovers, operations and abandonment operations.

No more than two (2) rigs shall be present within the oil or gas site at any one time.

All derricks and portable rigs and masts used for drilling and workovers shall meet the standards and specifications of the American Petroleum Institute as they presently exist or as may be amended.

All drilling and workover equipment shall be removed from the site within ninety (90) days following the completion of drilling or workover activities unless the equipment is to be used at the site within thirty (30) days for drilling or workover operations.

All drilling sites shall be maintained in a neat and orderly fashion.

Belt guards shall be required over all drive belts on drilling and workover equipment. Guarding shall be as required by California Code of Regulations, Title 8, Section 6622, or as may be subsequently amended.

Aboveground pumpjack assemblies are prohibited for new wells located in nonindustrial areas, and new wells in nonindustrial areas sites are restricted to the exclusive use of submersible downhole pumping mechanisms for extraction. However, any well already lawfully existing at the time of implementation of this Chapter using a pumpjack assembly may continue to do so. The requirements of this subsection are applicable to all oil and gas sites in all nonindustrial zones except where the Petroleum Administrator determines that the use of submersible downhole pumping mechanisms is infeasible due to technical reasons or other circumstances which would specifically preclude the use of such technology.

(Ord. 16-1590, Exh. B (§ 1))

§ 9533 Standards for Pipelines.

The operator shall comply with the following provisions related to pipelines throughout operation of an oil or gas site.

(Ord. 16-1590, Exh. B (§ 1))

§ 9533.1 Pipeline Installations and Use.

Pipelines shall be used to transport oil and gas off site to promote traffic safety and air quality, unless it can be demonstrated to the satisfaction of the Petroleum Administrator that a pipeline is infeasible and that transportation of products does not pass through or adjacent to prohibited areas as defined in Table 1-1, except on designated truck routes. Trucking on a temporary basis is allowed with approval of the Petroleum Administrator.

The use of a pipeline for transporting crude oil or gas may be a condition of approval for expansion of existing facilities or construction of new facilities unless it can be demonstrated to the satisfaction of the City Manager that a pipeline is infeasible and that transportation of products does not pass through or adjacent to prohibited areas as defined in Table 1-1, except on designated truck routes.

New pipeline corridors shall be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overriding technical constraints or significant social, aesthetic, environmental or economic reasons not to do so, as approved by the Petroleum Administrator.

New pipelines shall be routed to avoid residential, recreational areas, and schools if possible. Pipeline routing through recreational, commercial or special use zones shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, durations, and projected spill paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the Petroleum Administrator, so that each segment will be isolated in the event of a break.

Upon completion of any new pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality, unless there are approved development plans for the site, in which case revegetation would not be necessary.

Gas from wells shall be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources, unless the AQMD approves the flaring of gas during the temporary operation of a well. Oil shall also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality.

(Ord. 16-1590, Exh. B (§ 1))

§ 9533.2 Pipeline Inspection, Monitoring, Testing and Maintenance.

Operators shall visually inspect all aboveground pipelines for leaks and corrosion on a monthly basis.

The operator shall install a leak detection system for all off-site DOT regulated oil and gas pipelines. The leak detection system for oil shall include pressure and flow meters, flow balancing, supervisor control and data acquisition system, and a computer alarm and communication system in the event of a suspected leak. The leak detection system for gas pipelines shall include pressure sensors. The accuracy shall be defined once the system is established and tested and approved by the Petroleum Administrator. The Petroleum Administrator may deviate from these requirements to address system specific operating requirements.

Pipe clamps, wooden plugs or screw-in plugs shall not be used for any permanent repair approved by the Petroleum Administrator.

Pipeline abandonment procedures shall be submitted to the Petroleum Administrator for review and approval prior to any pipeline abandonment.

Copies of pipeline integrity test results required by any statute or regulation shall be maintained in a local office of the operator and posted online on the same website that provides the monitoring results required in CMC § 9531.1 for five (5) years and shall also be made available to the City, upon request. The City shall be promptly notified in writing by the operator of any pipeline taken out of service due to a test failure.

(Ord. 16-1590, Exh. B (§ 1))

§ 9534 Temporary Buildings.

During full production of an oil or gas site no temporary buildings are allowed to be constructed or maintained anywhere at the site.

(Ord. 16-1590, Exh. B (§ 1))

§ 9535 Reserved.

(Ord. 16-1590, Exh. B (§ 1))

§ 9536 Reserved.

(Ord. 16-1590, Exh. B (§ 1))

§ 9537 Development Standards.

The following development standards shall be applied to all redevelopment projects within the footprint of an oil or gas site, including any building permit involving a current or former oil or gas site:

Any demolition, abandonment, reabandonment, or restoration shall be adequately monitored by a qualified individual, funded by the permittee or operator and retained by the City, to ensure compliance with those conditions designed to mitigate anticipated significant adverse effects on the environment and to provide recommendations in instances where effects were not anticipated or mitigated by the conditions imposed on the permit or entitlement. Pre-restoration and post-restoration surveys of sensitive biological resources shall be employed as appropriate to measure compliance.

The site shall be assessed for previously unidentified contamination.

The permittee shall ensure that any discovery of contamination shall be reported to the Petroleum Administrator and the Los Angeles County Fire Department.

The permittee shall diligently seek all necessary permit approvals, including revisions to an entitlement or the demolition, abandonment, reabandonment and restoration permit, if any are required, in order to remediate the contamination.

The permittee shall be responsible for any cost to remediate the contamination on the site. This Chapter is not intended to limit the permittee or operator's rights under the law to seek compensation from parties who have contributed to contamination of the site.

The permittee shall ensure that appropriate notification has been recorded with the County Recorder to describe the presence and location of any contamination left in place under the authority of the Los Angeles County Fire Department.

All abandoned or reabandoned wells shall be leak tested subject to the following requirements:

All abandoned wells located within an oil and gas site must be tested for gas leakage and visually inspected for oil leakage. The operator shall apply to the Petroleum Administrator for an inspection permit to witness the well testing. The leak test shall be completed utilizing a gas detection meter approved in advance by the Petroleum Administrator, and shall be conducted by a State licensed geotechnical or civil engineer or a State registered environmental assessor, class II, or the Petroleum Administrator, or a designee, as determined necessary by the Petroleum Administrator.

The permittee shall prepare and submit a methane assessment report for each tested well prepared per the City of Los Angeles Department of Building and Safety "Site Testing Standards for Methane" (P/BC 2014-101), as may be amended. The operator may use the City's consultant to observe the leak test or be responsible for City consultant test fees. Following satisfactory test results as per the City of Los Angeles Department of Building and Safety standards, a well vent and vent cone shall be installed to the satisfaction of the Petroleum Administrator and in compliance with the recommendations contained in the methane assessment report.

The submitted methane assessment report shall be prepared by a State licensed geotechnical or civil engineer. A well shall be considered leaking if the leak test report indicates the meter read is greater than level II as defined by the City of Los Angeles Department of Building and Safety "Site Testing Standards for Methane," which is set at one thousand (1,000) parts per million.

An approved methane assessment report is valid for twenty-four (24) months from approval by the Petroleum Administrator. If an abandonment permit has not been issued by this time, retesting shall be required. Following all testing and inspection, the test area shall be returned to its previous state to the satisfaction of the City Building Official.

If there has not been a change to the well, no leak test is required if a valid methane assessment report, accepted by the Petroleum Administrator and showing no leaks in excess of the leak limit, has been completed for an abandoned or reabandoned well within the prior twenty-four (24) months.

Prior to any development or redevelopment of a current or former oil or gas site, or prior to abandoning or reabandoning any well, the operator shall:

Obtain permit(s) and abandon all idled wells consistent with CMC § 9510.3 and provide a certificate of compliance to show that the wells and/or sites are abandoned consistent with standards recommended or required by DOGGR to the satisfaction of the Petroleum Administrator. Permits shall not be required if the idled well is scheduled to produce oil or natural gas, or to be used for injection, as part of the development or redevelopment of a former oil or gas site and if said production or injection occurs within five (5) years of issuance of a CUP or DA under this Chapter.

Obtain permit(s) consistent with CMC § 9510.3 to reabandon all previously abandoned wells that do not meet standards recommended or required by DOGGR for abandonment in effect at the time of reabandonment, and provide a certificate of compliance that the wells and/or sites are reabandoned consistent with current conditions and standards recommended or required by DOGGR to the satisfaction of the Petroleum Administrator. Permits shall not be required if reentry of an abandoned well is scheduled to occur within five (5) years of issuance of a CUP or DA under this Chapter, and if reentry actually occurs within that period of time.

In lieu of subsections (G)(1) and (G)(2) of this Section, obtain a deferral covenant from the City requiring abandonment or reabandonment to standards recommended or required by DOGGR, or equivalent standards as determined by the Petroleum Administrator, at a specific time or upon the occurrence of a future event. The deferral covenant shall be approved as to form by the City Attorney, contain a provision to indemnify and hold harmless the City for damages related to wells not abandoned or reabandoned consistent with standards recommended or required by DOGGR, and shall be recorded by the operator with the County Clerk prior to approval.

Other Development Standards.

Permanent structures, or other construction that would be difficult or expensive to demolish, shall not be located on top of any abandoned oil or gas well such that access for a well abandonment rig or other well maintenance equipment is constrained or inhibited from access to the well in the event of a future oil or gas leak, unless it can be demonstrated to the satisfaction of the City Manager that it is not feasible or, within an industrial zone, the developer proposing such construction provides written assurances to the satisfaction of the Petroleum Administrator, to be included in the recorded declaration of covenant prescribed in subsection (H)(3) of this Section, that they are aware of and accept the risks associated with such construction. Pervious improvements, such as landscaping and porous parking areas with adequate landscape buffers, may be located on top of an abandoned or reabandoned well which has passed the leak test consistent with this Section.

Redevelopment of a Former Oil and Gas Site. If redevelopment of an oil and gas site for use other than an oil and gas operation is proposed at a completely or partially abandoned oil or gas site, the applicant shall submit an application to be processed as a conditional use permit consistent for that use under Chapter 1 of Article 9. Said application shall include the content required by CMC § 9510.3.2, and the conditional use permit shall comply with the development standards of this Section.

Prior to issuance of a permit or entitlement for redevelopment of a former oil and gas site, the owner shall record a declaration of a covenant, in a form subject to the review and approval of the City Attorney, putting future owners and occupants on notice of the following: the existence of abandoned oil wells on the site; that the wells within the site have been leak tested and found not to leak; description of any methane mitigation measures employed; a statement as to whether or not access to these wells has been provided to address the fact that they may leak in the future causing potential harm; acknowledgment that the State may order the reabandonment of any well should it leak in the future; acknowledgment that the State does not recommend building over wells; and releasing and indemnifying the City for issuing any project permit or entitlement for the project, along with notice of the assurances, if any, required by subsection (H)(1) of this Section. The covenant shall run with the land, apply to future owners, and may only be released by the City.

(Ord. 16-1590, Exh. B (§ 1))

Carson City Zoning Code

CHAPTER 5

§ 9500 Purpose.

§ 9501 Ordinance Applicability.

§ 9502 Allowable Uses.

§ 9503 Definitions.

§ 9504 Consistency with Other Laws, Rules and Regulations.

§ 9505 Appeals and Consideration by the City Council.

§ 9506 Well Drilling Permit.

§ 9507 Required Procedures for Conditional Use Permits.

§ 9507.1 Conditional Use Permit (CUP) Filing Requirements.

§ 9507.2 Processing and Review.

§ 9507.3 Findings and Permitting Conditions.

§ 9507.4 Modifications and Extensions.

§ 9507.5 Change of Ownership/Operators Criteria.

§ 9508 Procedures for Development Agreements.

§ 9508.1 Filing Requirements.

§ 9508.2 Processing and Review.

§ 9508.3 Findings and Development Agreement Conditions.

§ 9508.4 Modifications and Extensions.

§ 9509 Periodic Review.

§ 9510 Facility Closure, Site Abandonment, and Site Restoration Procedures.

§ 9510.1 Purpose and Intent.

§ 9510.2 Applicability.

§ 9510.3 Application Process.

§ 9510.3.1 Requirement to File an Application.

§ 9510.3.2 Content of Application.

§ 9510.3.3 Permitting Specifications.

§ 9510.3.4 Findings Required for Approval.

§ 9511 Operational Noticing.

§ 9512 Complaints.

§ 9513 Injunctive Relief.

§ 9514 Notice of Violation and Administrative Fines.

§ 9515 Nuisance Procedures.

§ 9515.1 High Risk Operations.

§ 9516 Compliance Monitoring.

§ 9517 Financial Assurances Applicability.

§ 9518 Operator's Financial Responsibilities.

§ 9519 Securities and Bond Requirements.

§ 9520 Operator Liability Insurance.

§ 9521 Setback Requirements.

§ 9522 Site Access and Operation.

§ 9522.1 Deliveries.

§ 9522.2 Construction Time Limits.

§ 9522.3 Oil and Gas Site Parking.

§ 9523 Lighting.

§ 9524 Aesthetics.

§ 9524.1 Landscaping/Visual Resources.

§ 9524.2 Walls.

§ 9524.3 Sanitation.

§ 9524.4 Architecture.

§ 9525 Roads.

§ 9525.1 Construction of Site Access Roads.

§ 9526 Signage.

§ 9527 Steaming.

§ 9528 Utilities.

§ 9529 On-Site Storage and Placement of Equipment.

§ 9530 Safety Assurances and Emergency/Hazard Management.

§ 9530.1 Fire Prevention Safeguards.

§ 9530.2 Blowout Standards and Testing.

§ 9530.3 Earthquake Shutdown.

§ 9530.4 Storage Tank Monitoring.

§ 9530.5 Safety Measures and Emergency Response Plan.

§ 9530.6 Transportation of Chemicals and Waste On and Off Site.

§ 9530.6.1 Natural Gas Liquids (NGLs).

§ 9530.6.2 Transportation Risk Management and Prevention Program (TRMPP).

§ 9530.6.3 Pipeline Leak Detection.

§ 9531 Environmental Resource Management.

§ 9531.1 General Environmental Program.

§ 9531.2 Air Quality.

§ 9531.3 Greenhouse Gas Emissions and Energy Efficiency Measures.

§ 9531.4 Air Quality Monitoring and Testing Plan.

§ 9531.5 Water Quality.

§ 9531.5.1 Water Management Plan.

§ 9531.5.2 Storm Water Runoff.

§ 9531.5.3 Groundwater Quality.

§ 9531.6 Noise Impacts.

§ 9532 Standards for Wells.

§ 9533 Standards for Pipelines.

§ 9533.1 Pipeline Installations and Use.