The exploration, development, production and transportation of gas and/or oil are land use activities that necessitate reasonable regulation to ensure that all property owners are able to peaceably enjoy their property and its benefits and revenues. It is the purpose of this chapter to establish safeguards and regulation for operations related to the exploration, development, production and storage of oil and gas and other substances produced in association with gas and oil well development and production within Washington County to protect public health, public safety, public order, to prevent harm to public infrastructure or degradation of the value, use and enjoyment of private property, and to protect the quality of water sources and the natural environment. (Ord. 76, 9-22-2014)

Pursuant to chapter 3 of title 47 Idaho statutes, and of IDAPA 20.07.02 of Idaho administrative code, Washington County hereby adopts by reference the current or latest editions of said codes. Washington County recognizes the intent of the legislature, for the state to occupy the field of the regulation of oil and gas exploration and production with the limited exception of the exercise of planning and zoning authority granted cities and counties pursuant to chapter 65, title 67, Idaho Code. (Ord. 76, 9-22-2014)

All technical industry words or phrases related to the development of gas and oil wells not specifically defined, shall have the meaning customarily attributable thereto by prudent operators in said industry. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ADMINISTRATIVE GAS AND OIL WELL DEVELOPMENT PERMIT: An administrative gas and oil well development permit is required for each planned pad site. This administrative permit is not transferable from one pad site to another.

ADMINISTRATOR: The Washington County planning and zoning administrator.

AREAS OF CITY IMPACT: "City area of impact" is defined as that unincorporated land mass which lies contiguous to the city, having its closest boundary to the city, the city limits of said city, as they now exist or as they may be altered by future annexation of land to the city, and having its outermost boundary an imaginary line positioned approximately one mile from the current city limits.

BOND, PERFORMANCE: A performance bond is a surety bond issued by an insurance company or a bank to guarantee satisfactory development, completion and possible closure of a project. A performance bond assures that the well developer will adhere and perform to the requirements of the contractual and/or land use agreement.

CLOSED LOOP SYSTEM: A mechanical and chemical system which will allow the operator to conduct drilling and fracturing without utilizing a reserve pit.

COMPRESSION FACILITY: Those facilities that compress natural gas after production related activities occur.

DAYTIME: The period from seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M.

DEHYDRATION FACILITY: Raw natural gas is collected from a group of wells and is processed at a facility for the removal of liquid water and natural gas condensate. The raw gas is then pressurized and piped from the dehydration facility.

DEVELOPMENT, GAS AND OIL WELL: Gas and oil well development occurs after exploration has located an economically recoverable field, and involves the construction of one or more wells from the beginning to either abandonment if no hydrocarbons are found, or to well completion if hydrocarbons are found in sufficient quantities.

DRILLING: Digging or boring a new well for the purpose of developing or producing gas and/or oil or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid into the earth.

EXPLORATION, GAS AND OIL: Exploration for oil and gas means geologic or geophysical activities, including, but not limited to, surveying and seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.

FILLING: Any addition of rock, dirt, soil, or other earthen material in conjunction with or anticipation of drilling activities or construction of a pipeline, including, but not limited to, disposal of excavated materials.

HAZARDOUS MATERIALS MANAGEMENT PLAN: The hazardous materials management plan and hazardous materials inventory statements required by the fire code.

HYDRAULIC FRACTURING, FRACING: A method of stimulating or increasing the recovery of hydrocarbons by perforating the production casing and injecting fluids or gels into the potential target reservoir at pressures greater than the existing fracture gradient in the target reservoir.

NEW WELL: A new well bore or new hole established at the ground surface and shall not include the reworking of an existing well that has not been abandoned unless the reworking involves drilling to a deeper total depth.

OPERATOR: The person of record, that is responsible for and actually in charge and control of drilling, maintaining, operating, pumping or controlling any well including, without limitation, a unit operator. Specifically, the operator is the party that is doing the actual work or the lessee.

PAD SITE: The area around a well that serves as a foundation for the drilling rig. In Washington County, pad sites are limited to five (5) acres.

PERMITTEE: Any person authorized to act under a permit or a certificate issued by the county.

PRODUCTION, GAS AND OIL: Production is the process of extracting the hydrocarbons and separating the mixture of liquid hydrocarbons, gas, water, and solids, removing the constituents that are nonsalable, and selling the liquid hydrocarbons and gas. Production sites often handle crude oil from more than one well. Oil is nearly always processed at a refinery; natural gas may be processed to remove impurities either in the field or at a dehydration and/or compression facility.

ROAD MAINTENANCE AGREEMENT: A written agreement obliging the operator to repair damage, excluding ordinary wear and tear, if any, to county roadways, including, but not limited to, bridges, road alignments, culverts and surfaces, caused by the operator or its employees, agents, contractors, subcontractors or representatives in the development and production of any well located in the county.

ROAD, ROADWAY: Any street, avenue, boulevard, road, lane, parkway, place, viaduct, easement for access, or other way which is an existing state, county, or municipal roadway; or a street or way shown on a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded within the right of way boundaries whether improved or unimproved and may be comprised of pavement, shoulders, curbs, gutters, sidewalks, parking areas, and lawns.

   A.   Arterial Route: A general term including expressways, major and minor arterial streets; and interstate, state or county highways having regional continuity.

   B.   Collector Street: A street that provides for traffic movement within neighborhoods of the county and between major streets and local streets and for direct access to abutting property.

   C.   Local Street: A street that provides direct access to residential, commercial, industrial, or other abutting land for local traffic movements and connects to collector and/or arterial streets.

      1.   Marginal Access Street: A minor street parallel and adjacent to an arterial route and intercepts local streets and controls access to an arterial route.

      2.   Cul-De-Sac Street: A short local street having one end permanently terminated in a vehicular turnaround.

      3.   Loop Street: A minor street with both terminal points on the same street of origin.

      4.   Alley: A public service way used to provide secondary vehicular access to properties otherwise abutting upon a street.

TANK BATTERY: Point of collection (tanks) and disbursement (tank, lease automated custody transfer unit) of oil or gas from producing well(s).

WELL: A hole or bore to any horizon, formation, or strata for the purpose of producing gas and/or oil.

WORK OVER OPERATIONS: Work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production. (Ord. 76, 9-22-2014)

Prior to exploration for gas and/or oil, as a land use activity in Washington County, the operator shall acquire a gas and oil exploration permit from the county planning and zoning office. This permit is at no cost to the operator. The gas and oil exploration permitting process is mutually beneficial and essential in that it allows the county the opportunity to make the operator aware of any sensitive areas around the proposed location of exploration. (Ord. 76, 9-22-2014)

Prior to drilling and developing a well the operator shall apply for an administrative gas and oil well development permit from Washington County. A separate administrative permit shall be required for each pad site, and shall apply to all wells on that site. All applications for gas and oil well site permits shall be accompanied by an application fee in the amount set in the county's fee schedule. Any modification to an existing and/or permitted oil and gas well site that materially alters the size, location, number of wells or accessory equipment or structures, shall require a modification of the permit under this chapter.

   A.   Application Requirements For An Administrative Gas And Oil Well Development Permit: Each application shall contain the following information:

      1.   The date of the application;

      2.   An accurate legal description of the property to be used for the oil and/or gas operation, the parcel number, and the production unit name, and the GPS coordinates of all planned wells on the proposed pad site;

      3.   A map showing the proposed transportation route(s), identifying all public and private roads/routes intended for use within the territorial limits of the county;

      4.   The proposed well name(s);

      5.   The surface owner's name(s), address and phone number;

      6.   The minerals lessee's name(s), address, phone number, and if available, e-mail address;

      7.   Operator's name, phone number, facsimile transmission number, address, and if available, e-mail address;

      8.   Name, phone number, address, and if available, e-mail address of the individual designated to receive notice on behalf of the operator;

      9.   Name of representative with supervisory authority over all oil and/or gas operation site activities and a twenty four (24) hour phone number;

      10.   Owner's name(s) and address(es) of each parcel associated with the proposed pad site;

      11.   A site plan of the proposed pad site depicting the height, size, bulk and location of all proposed structures and equipment, including security cameras, lighting and utilities. The site plan shall also include the location and description of all existing improvements, structures and utilities within one thousand feet (1,000') of the proposed pad site;

      12.   The name, address and twenty four (24) hour phone number of the person to be notified in case of an emergency;

      13.   A signed statement of intent to execute a road maintenance agreement with the county as provided in this chapter;

      14.   A description of the water source to be used during well fracturing, development and/or operations;

      15.   A hazardous materials management plan complying with all requirements of the county;

      16.   An agreement that all material safety data sheets (MSDS) detailing the hazardous material and any chemicals that will be located, stored, transported and/or used at the pad site shall be provided to the fire marshal, or his representative, and shall be available to the public upon request 1 ;

      17.   An emergency response plan complying with all requirements of the county;

      18.   Evidence of insurance and security meeting minimum levels established by this chapter;

      19.   A waste management plan that addresses human, solid and drilling production waste;

      20.   If the drill site and/or associated development are located in a special flood hazard area (SFHA), all requirements of development in a floodplain must be addressed and satisfied;

      21.   The application must be signed by the owner, operator or person of supervisory authority, under penalty of perjury, verifying that all information is true. (Ord. 76, 9-22-2014)

A statement of intent to enter into a road maintenance agreement shall be submitted in conjunction with the administrative gas and oil well development permit application. The terms of the road maintenance agreement must be approved by the county commissioners as a condition of the administrative gas and oil well development permit and signed by the operator prior to the issuance of said permit. The county road supervisor shall have the authority to execute the road maintenance agreement on behalf of the county. (Please refer to "Highway Standards And Development Procedures For The Weiser Valley Highway District And Washington County".) (Ord. 76, 9-22-2014)

Every operator of any well shall designate an agent, who is a resident of the state, upon whom all orders and notices provided in this chapter may be served in person or by mail. Every operator so designating such agent shall within two (2) business days notify the administrator in writing of any change in such agent or such mailing address unless operations within the county are discontinued. (Ord. 76, 9-22-2014)

The operator shall provide or cause to be provided the insurance described below for each well for which a well permit is issued, and shall maintain such insurance until the well is abandoned and the site restored. The operator must provide the county sufficient documentation that the operator's insurance complies with the minimum requirements and coverage amounts of this section and the policy must clearly and specifically name Washington County as the beneficiary.

   A.   Indemnification And Express Negligence Provisions: Each well permit application issued by the county shall include the following language and regardless of whether such language is actually included in the well permit application, it shall be deemed to be included therein:

   B.   General Provisions Regarding Insurance:

      1.   All policies shall be endorsed to read substantially as follows:

      2.   Liability policies shall be written by carriers licensed to do business in Idaho and with companies with at least an "A" rating issued by A.M. Best Company.

      3.   Liability policies shall name as "additional insured" the county and the other indemnified parties as defined in this chapter. Waivers of subrogation shall be provided in favor of all indemnified parties.

      4.   All subcontractors must be named by the operator and indemnified as covered under the operator's insurance policies, unless the subcontractor can provide proof of insurance at the same required levels and limits.

      5.   The operator shall present the county with copies of the pertinent portion of the insurance policies evidencing all coverage and endorsements required by this section before the issuance of the administrative gas and oil well development permit, and the acceptance by the county of a policy without the required limits and/or coverage shall not be deemed a waiver of these requirements. The county 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 county. After the issuance of the well permit, the county may require the operator to provide a copy of the most current insurance coverage and endorsements for review at any time. An administrative fee in the amount set in the county's fee schedule will be charged to cover the cost of such review.

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

      7.   Nothing in this chapter prohibits or preempts a private party from the right to bring a damage action against the gas and oil well developer, its operator, its employees, etc.

   C.   Required Insurance Coverage:

      1.   The applicant shall submit with the application a certificate of comprehensive general liability insurance in the amount of no less than three million dollars ($3,000,000.00) per occurrence with an annual general aggregate coverage of five million dollars ($5,000,000.00). The policy shall be written by a company authorized to do business in the state of Idaho. The certificate shall require at least thirty (30) days' notice to the county prior to termination of coverage for any reason.

      2.   Excess (or umbrella) liability insurance: Minimum limit of fifteen million dollars ($15,000,000.00) providing excess coverage for each of the perils insured by the preceding liability policies.

      3.   Control of well insurance:

         a.   Minimum limit of ten million dollars ($10,000,000.00) per occurrence, with a maximum deductible of two hundred fifty thousand dollars ($250,000.00) per occurrence.

         b.   Policy shall cover the controlling of a well that is out of control, redrilling or restoration expenses, and seepage and pollution damage.

      4.   Underground reservoir (or resources) damage coverage shall be on an occurrence basis, shall not be limited to sudden and accidental occurrences, shall not have a discovery or reporting limitation and shall not exclude damage to water tables, formation or strata.

      5.   Environmental impairment (or seepage and pollution) coverage shall be either included in the comprehensive general liability coverage or as a 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 a minimum combined single limit coverage of ten million dollars ($10,000,000.00) per occurrence. A discovery period for such peril shall be for the life of the well. (Ord. 76, 9-22-2014)

Before the issuance of an administrative gas and oil well development permit, each company operating in the county shall file with the county a performance bond of two hundred fifty thousand dollars ($250,000.00) covering all their operations in Washington County. This bonding shall be dedicated to road maintenance and other areas that Washington County is allowed to regulate by state code. (Ord. 76, 9-22-2014)

   A.   The operator shall notify the county of any change to the following information within three (3) business days after the change occurs:

      1.   The name, address or phone number of the operator; or

      2.   The name, address or twenty four (24) hour phone number of the person(s) with supervisory authority over drilling, production or operations activities; or

      3.   The name, address or phone number of the person designated to receive notices from the county; or

      4.   The operator's emergency action response plan including "drive-to maps" from public rights of way to each area covered by the applicable administrative gas and oil well development permit and associated site plan.

   B.   The operator shall provide a copy of any "incident reports" or written complaints within five (5) days after the operator has notice of the existence of such reports or complaints.

   C.   Beginning on January 31 after each well is completed, and continuing on each January 31 thereafter until the operator notifies the county that the well has been abandoned and the site restored, the operator shall submit a written report to the county identifying any changes to the information that was included in the application for the applicable administrative well permit that has not been previously reported to the county. In addition, the annual report shall include copies of all internal reports of responses to pipeline or well emergencies, copies of operations and maintenance logs and a copy of the emergency action plan, if updated.

   D.   Operator shall provide the county with all pertinent reports relating to gas and oil well development operations from or produced by all state and federal agencies within seven (7) business days of receipt by operator or its agent. (Ord. 76, 9-22-2014)

   A.   Location: It shall be unlawful to drill a well, or to redrill, deepen, reenter, activate or convert any abandoned well, the center of which, at the surface of the ground, is located within five hundred feet (500') from any habitable structure, without first meeting all requirements of the administrative gas and oil well development permit, if any, including, but not limited to, hours of operation, noise, lighting and odors. This does not apply to habitable structures constructed after the initial development of a particular well. If neighboring landowners are in agreement that a well placement can be closer than the required five hundred feet (500'), that written agreement would supersede the requirements of this section. All distance shall be measured in a straight line, without regard to intervening structures or objects.

   B.   Floodplain Drill Site: A floodplain development permit from the county is required for drilling oil and gas wells in a special flood hazard area (SFHA). A drill site or operation may be located in an SFHA with the approval of the Washington County floodplain administrator in accordance with federal, state and/or local codes and requirements, if applicable. (Please refer to title 7, "Flood Control", of this code.) (Ord. 76, 9-22-2014)

   C.   Driving Surfaces: The operator shall construct all driving surfaces used for parking, loading, unloading, driveways, and other vehicular access, to county private road standards (identified in section 6-4-2 of this code) or the standard necessary to provide year round operational and emergency access to the site. The operator shall maintain the surface for such facilities and drive approach in good condition and repair and meet the minimum requirements set forth in the fire code. Year round access (snowplowing, etc.) will be the responsibility of the operator. The pad site is not required to be constructed to the above listed standards. (Ord. 77, 12-29-2014)

   D.   Discharge Of Waste: No person shall place, deposit or discharge or cause or permit to be placed, deposited or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, refuse, wastewater, brine or hazardous substance from any production operation or the contents of any container used in connection with any production operation in, into or upon any public right of way, storm drain, ditch, sewer, any body of water or any public and private property in the county.

   E.   Fire Suppression And Prevention Equipment: The operator shall provide and maintain in good working order all fire suppression and prevention equipment required by any applicable federal, state or local law, or the operator's emergency response plan, at the operator's cost. The operator shall keep adequate foam fire suppressant equipment and supplies at each drill site.

   F.   Blowout Prevention: In all cases, the operator shall install and utilize blowout prevention equipment on all wells being drilled, worked over or in which tubing is being changed. Protection shall be provided to prevent blowout during oil and/or gas operations as required by and in conformance with state code.

   G.   Chemical And Materials Storage: The operator shall store all chemicals and/or hazardous materials in such a manner as to prevent, contain and facilitate rapid remediation and cleanup of any accidental spill, leak or discharge of a hazardous material. The operator shall maintain all material safety data sheets (MSDS) for all hazardous material on site. The operator shall comply with all applicable federal and state regulatory requirements for the proper labeling of containers. The operator shall take all appropriate pollution prevention actions including, but not limited to, raising chemical and materials and bulk storage (e.g., placing such materials on wooden pallets), installing and maintaining secondary containment systems and providing adequate protection from stormwater and weather elements.

   H.   Closed Loop System: The operator shall be required to utilize closed loop systems in Washington County.

   I.   Dust, Vibrations, Odors: The operator, in cooperation with the county administrator, shall conduct all drilling and production operations in such a manner as to minimize dust, vibration or noxious odors. The operator shall maintain all aspects of the site and structures thereon in good operating condition and good appearance. The operator shall provide air monitoring equipment to ensure compliance with EPA oil and gas air pollution standards, administered by the Idaho department of environmental quality (DEQ), and provide associated reporting quarterly or upon request. Such monitoring shall be capable of detecting hydrogen sulfide, methane, benzene, n-hexane and other toxic emissions. No operator or employee shall permit any lights located on any drill site or operation site to be directed in such a manner so that they shine directly on, or toward a neighboring habitable structure.

   J.   Emergency Response Plan: Prior to the commencement of oil and/or gas drilling, or any other hydrocarbons production activities, the operator shall submit to the administrator an emergency response plan, and no drilling or other production activity shall commence until such plan has been approved by the county.

   K.   Fire Prevention; Fire Emergency Response: The operator shall provide training as to the proper and expected local response to a gas and/or oil well fire emergency. This training would be at the operator's expense.

   L.   Screening And Fencing: Security fencing may be required when hazardous materials are stored on site for a period in excess of fourteen (14) days. The county may use its discretion to determine whether fencing requirements shall be enforced for wellheads, storage tanks, and other mechanical and production equipment and structures on the gas and/or oil well site. Security fencing shall be at least six feet (6') in height, equipped with lockable gates at every access point and have an opening not less than twelve feet (12') wide. Additional lockable gates used to access gas and/or oil well sites by foot may be allowed, as necessary.

   M.   Freshwater Wells: As a condition of permit approval the operator must provide to the county, prior to any drilling activity, documentation of baseline water testing on a minimum of two (2) domestic wells, for the protection of public health and safety, except as provided below. The two (2) wells shall be located within a fixed radius of two thousand feet (2,000') of the well site. If only one well is available within a fixed radius of two thousand feet (2,000') of the well site, it shall be the only domestic well required for testing. If no domestic wells are available within such radius, no domestic well testing shall be required. The operator shall provide affected domestic well owners within such radius the opportunity to have their wells tested at the operator's expense. If a domestic well owner refuses such offer and declines to have the owner's domestic well tested, that well shall be considered unavailable for the purposes of this chapter. For any domestic well required to be tested by the operator under this section, the operator and any contractor hired by the operator to perform such testing will not be subject to liability to the domestic well owner for any claims or damages relating to the domestic well arising from or alleged to be caused by such testing. The operator shall send written notification to the county and all landowners and municipalities within two thousand feet (2,000') of the proposed drill site. Water testing shall be conducted by the U.S. geological survey or a third party certified testing laboratory and paid for by the operator. A copy of the baseline water test results shall be made public record and provided to the landowner, county and the operator. At this time the operator will disclose to the landowner(s) the exact location of the proposed drill site. If the landowner does not want the water test results to become public record, they have the option of paying for the sampling privately.

      1.   Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from the USGS or a certified testing laboratory.

      2.   Well samples shall be analyzed prior to any drilling activity to document baseline water quality data of the well. A postdrilling sample shall be analyzed within three (3), twelve (12) and twenty four (24) months after the drilling begins, as an option for or a request of the landowner. Any deviation or difference from the baseline test could trigger additional monitoring.

      3.   Tests shall be completed for all items listed below:

         a.   Field parameters:

            (1)   Water temperature.

            (2)   pH.

            (3)   Specific conductivity.

         b.   Specific conductivity and total dissolved solids.

         c.   E. Coli.

         d.   Major ions:

            (1)   Chloride.

            (2)   Fluoride.

            (3)   Sulfate.

            (4)   Nitrate.

            (5)   Alkalinity.

            (6)   Calcium.

            (7)   Sodium.

            (8)   Magnesium.

         e.   Trace elements:

            (1)   Arsenic.

            (2)   Barium.

            (3)   Iron.

            (4)   Manganese.

            (5)   Selenium.

            (6)   Uranium.

         f.   Organics:

            (1)   BTEX (benzene, ethylbenzene, toluene and xylene).

            (2)   Methane; carbon isotopic composition for samples with sufficient methane.

            (3)   Diesel range organics.

      4.   Copies of baseline water quality test results shall be provided by the operator free of charge to owners of the wells tested within thirty (30) days of receipt of written request of the well owner.

      5.   If it is found that the freshwater well is no longer in use and without possibility of future use or if the freshwater well owner objects to having the water well tested, the owner of the freshwater well may waive the right to have the operator test the water.

   N.   Flaring: The process of flaring is allowed in Washington County. In Washington County, no person shall allow, cause or permit raw gas emissions to be vented into the atmosphere to the fullest extent possible and must comply with all state air quality requirements.

   O.   Grass, Weeds, Trash: The operator shall keep the drill site and operation site clear of debris, pools of water or other liquids, contaminated soil, brush, high grass, weeds, combustible trash and other waste material within a radius of one hundred feet (100') of the site perimeter. The operator shall have a weed control plan for well pads, pipelines and other disturbed areas. The weed control plan must be approved by the Washington County weed supervisor.

   P.   Hazardous Materials Management Plan: The operator shall file with the fire chief, a hazardous materials management plan and shall update such plan by filing any additions, modifications, and/or amendments regarding all construction related activities and oil and natural gas operations and production. The operator shall file such updated plans with the fire chief within two (2) business days of any material change in the activities at the site from that approved in the well permit. The county commissioners will be notified of any such changes.

   Q.   Signs: The operator shall immediately install and continuously display a sign at the gate of the temporary and permanent site fencing erected pursuant to the requirements of this section. Such sign shall conform to the approved sign plan and shall contain the following:

      1.   Well name and number;

      2.   Name of operator;

      3.   Address of property;

      4.   The emergency 911 number;

      5.   Telephone number of two (2) persons responsible for the well who may be contacted twenty four (24) hours a day in case of an emergency;

      6.   The operator shall post and continually maintain permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" immediately upon completion of the drill site fencing at the entrance of each drill site and in any other location approved or designated by the fire chief. Such shall conform to the approved sign plan. Each such sign shall include the emergency notification numbers of the fire department and the operator;

      7.   The operator shall post a "NO TRESPASSING" sign prominently at the entrance to all drill sites and associated developments, located on private property.

   R.   Valves: The operator shall equip each well with a shutoff valve to terminate the well's production. The operator shall paint these valves red and post signs to show they are shutoff valves. Such signs shall conform to the approved sign plan.

   S.   Waste Disposal: Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling, reworking or deepening of any well shall be disposed of in accordance with the rules of all applicable local, state and federal agencies. Detailed disposal logs shall be maintained by the operator and provided to the county every six (6) months from the date of application of the individual administrative well permit.

   T.   Watchperson: The operator must keep a watchman or security personnel at all times on site during the drilling or reworking of a well, when other workmen are not on the premises.

   U.   Environmentally Sensitive Areas: The exploration and/or development of gas and oil wells, or other drilling or production activity of any kind, may be permitted within environmentally sensitive areas in Washington County only after special consideration has been given under the administrative gas and oil well development permitting process. Certain areas that contain critical wildlife habitat are protected from development in Washington County. Washington County strives to protect the essential habitat and buffer areas that support species of special concern such as the greater sage grouse.

   V.   Hydrogen Sulfide: The operator shall have a management/evacuation plan in place in the event of a hydrogen sulfide emergency. If a gas or oil field in the county is identified as a hydrogen sulfide (H2S) field or if a well is producing hydrogen sulfide gas, the operator shall immediately notify the administrator of the well or facility.

   W.   Surface Restoration: Please refer to IDAPA 20.07.02 (325).

   X.   Tank Battery Equipment: The operator shall equip any tank battery facility with a remote foam line arrestor system, and shall erect a sign clearly indicating the location of the foam line arrestor system, which sign shall conform to the approved sign plan. All connections for the remote foam line arrestor system shall meet industry specifications and be approved by the local fire chief.

   Y.   Utility Lines: In certain areas of the county, the operator may be required to bury utility lines to the operation site and/or drill site.

   Z.   Emergency Response Plan Testing: The operator shall conduct a thorough testing of its emergency response plan on an annual basis. The operator shall provide seven (7) days' notice of the time and date of each test to the fire chief. The fire chief may observe the test and may require the inclusion of his own local scenarios as a component of the test. (Ord. 76, 9-22-2014)

Any person who intends either to work over or rework a well using a drilling rig or fracture stimulate a well after initial completion shall give written notice to the county at least twenty (20) days before the activities begin. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including, but not limited to, the duration of the activities and the time of day they will be conducted. The notice must also provide the address and twenty four (24) hour phone number of the person conducting the activities. The person conducting the activities shall post a sign on the perimeter fencing giving the public notice of the activities, including the name, address, and twenty four (24) hour phone number of the person conducting the activities. Such sign shall conform to the approved sign plan. (Ord. 76, 9-22-2014)

Supplemental drilling to deepen or directionally drill a well that has not been abandoned shall be conducted in accordance with the conditions of the applicable administrative gas and oil well development permit and associated site plan for the well. (Ord. 76, 9-22-2014)

   A.   Cleanup After Well Servicing: After a well has been completed, or plugged and abandoned, the operator shall clean the drill site or operation site, complete restoration activities and repair all damage to any public or private property caused by such operation according to state and federal regulations.

   B.   Cleanup After Spills, Leaks And Malfunctions: After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of state and federal regulation all waste material from any public or private property affected by such spill, leak or malfunction.

   C.   Painting: The operator shall paint and maintain all equipment at all times, including wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the administrator shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of green, blue and brown.

   D.   Blowouts: In the event of the loss of control of any well, the operator shall immediately take all reasonable steps to regain control regardless of any other provision of this chapter and shall notify the administrator and fire chief as soon as practicable. If the administrator or fire chief determines that danger to persons and property exists because of such loss of well control and that the operator is not taking or is unable to take all reasonable and necessary steps to regain control of such well, the administrator or fire chief may then employ any well control expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material which they deem necessary to regain control of such well, and all costs incurred by the county shall be assessed against the operator and the operator shall pay such costs within ten (10) days of receiving an invoice from the county. In the event that the operator fails to pay such costs as provided herein, the county may charge such costs to any fund or bond posted by the operator to secure such costs, and shall also have a valid lien against the interest in the well of all working interest owners to secure payment of any expenditure made by the county to such action of the administrator or fire chief in gaining control of said well. (Ord. 76, 9-22-2014)

   A.   If an operator or the operator's officers, employees, agents, contractors, subcontractors or representatives fail to comply with the conditions of the applicable administrative gas and oil well development permit and associated site plan or any other specified requirement (including any requirement incorporated by reference as part of the permit), or any applicable provisions of this chapter or any other county ordinances, the county shall endeavor to give written notice to the operator specifying the nature of the alleged failure and giving the operator a specified time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community; provided, however, that if circumstances warrant proceeding without notice, no notice will be sent. In any case, failure to give such notice shall not prohibit the county from pursuing any available remedy.

   B.   If the operator does not cure the alleged failure within the time specified, the county may pursue all other remedies allowed by law, including, but not limited to, any or all of the following:

      1.   The administrator may suspend the administrative well permit until the alleged failure is cured;

      2.   The administrator may revoke the administrative well permit if the operator fails to initiate and diligently pursue and cure;

      3.   A criminal citation may be issued for violation of the administrative gas and oil well development permit, this chapter or any other ordinance or order of the county.

   C.   The operator may appeal a decision to suspend or revoke an administrative well permit or other remedial order or action of the county taken pursuant to this section (other than a criminal citation) to the county commissioners as provided in this title. (Ord. 76, 9-22-2014)

The administrator and fire chief are authorized and directed to enforce this chapter, and the terms and conditions of any approved administrative gas and oil well development permit. Whenever necessary to enforce the foregoing, or whenever there is reasonable cause to believe there has been a violation of any of the foregoing, the administrator and/or the fire chief may enter upon any property covered by this chapter at any reasonable time to inspect or perform any duty or requirement imposed by this chapter. If entry is refused, the county shall have recourse to pursue every remedy provided by law and equity to gain entry. (Ord. 76, 9-22-2014)

   A.   Public Information Regarding Well Permit Activity:

      1.   After approval of an administrative gas and oil well development permit application, the operator shall submit to the administrator an accurate written time line account of all planned operational events associated with the permit. The account must be updated weekly and must thoroughly describe the events that will occur. Events to be documented shall include, but are not limited to, site preparation and grading, site construction of the drilling rig and accessory structures, the expected amount of time spent drilling on site, all casing installation, testing, disassembly of the drilling rig, pipeline installation, fracture stimulation, maintenance, installation of production facilities, site cleanup and production. (Ord. 76, 9-22-2014)

Specific matters related to gas and oil well production will be addressed at a later date, as an amendment to this chapter. (Ord. 76, 9-22-2014)

The Washington County board of county commissioners has approved this chapter in accordance with the Washington County land use plan, and the local land use planning act (LLUPA), for the purposes set forth in that act, and finds it is necessary for the development on land to protect the quantity and quality of groundwater in the county, and for the health, safety, and general welfare of the people of Washington County. The board of county commissioners finds that this chapter does not conflict with any rules of the Idaho gas and oil conservation commission, and is within the powers delegated to it by the LLUPA. (Ord. 76, 9-22-2014)

If any part of this chapter is found to be illegal, invalid or unenforceable by a court or other competent authority, the rest of this chapter continues to be in effect and valid. (Ord. 76, 9-22-2014)