HomeMy WebLinkAboutCC Ord 779 1969-01-28
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ORDINANCE NO. 77 9
AN ORDINANCE OF THE CITY OF SEAL BElI,ClI REGULATING
MINING, DRILLING, AND PRODUCTION OE OIL AND OTHER
HYDROCARBON SUBSTANCES, AMENDING ORDINANCE NO. 778,
DECLARING THE URGENCY THEREOF, AND THAT THIS ORDlt1
NANCE SHALL TAKE EFFECT HlMEDIATELY.
The City Council of the City of Seal Beach does ordain as
frllllows:
Section 1. Section 10 of Ordinance No. 778 shall be amended
to read as follows:
$e~tion 10.1 Applications for a preliminary exploratory area"
No Council perwit shall be granted or considered by the Council
until the Council has approved the boundaries of preliminary
exploratory area into which suah a well or wells may be drilled.
An application for approval of the boundaries of a proposed pre-
liminary exploratory area shall be required, and in such applica-
tion the applicant shall set forth and describe the real property
in the City whi.ch the applicant proposes to explore for oil and
gas purposes. A map shall also be attached to the application,
which map shall clearly show and outline the proposed preliminary
exploratory area. Such area shall be known and designatedaas
the "Preliminary E>>ploratory Area." Such exploratory area shall
contain not less than forty (40) acres. The preliminary
exploratory area may include property within and'property outside
the City. , ~,
Each application for approval of the boundaries of a pre-
liminary exploratory area shall be accompanied by an application
for a permit to drill a well for exploritory purposes which
application and permit shall conform to the requirements of
Sections 14, 16 and 17 of Ordinance No. 778. Each appl~cation for
approval of the boundaries of a prelimina~y exploratory area
shall be accompanied by an application fee of One Thousand and,
no/166ths ($1,000.00) dollars. The application fee shall be to
defray the costs to the City of study and investigation concern-
ing the proposal set forth in the application. Said application
fee shall entitle applicant upon approval of the boundaries of
a preliminary exploratory area to drill one exploratory well with-
out further feeefor an application and permit to drill said well.
Said exploratory well shall not be permitted by applicant to
be placed into p~oduction except for testing purposes until
applicant has applied for and received approval by the City
Council of the boundaries of the final exploratory area as
defined and provided for herein.
Each applicant requesting approval of a preliminary explor-
atory area shall haveethe contractural or proprietary right and
authority to drill for oil and gas under the surface of at
least seventy-five (75%) percent of the area of the real property
in the City described and included in any prelireinary exploratory
area. The Council may require the applicant to prove any such
authority.
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ORIG!~IAL O::,:ICIAL COpy
NOT TO l'E TN<:;N F :00\\
THe C,'iY C'..;:;l~"'':; OI=::ICE
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Section 10.2 Application for a final exploratory area.
No Council permit shall be granted or considered by the Council
(except as provided for in Section 10.1) until the Council has
approved the boundaries of the final exploratory area, herein after
called exploratory area. Anaapplication for approval of the
boundaries of the proposed exploratory area shall be required
and in such application the applicant shall set forth and describe
the real property in and outside the City which the applicant '
proposes to explore further for oil and gas purposes. A map
shall also be attached to the application, which map shall clearly
show and outline the "exploratory area." Such exploritGlry
area shall not contain less than forty (40) acres. Each such
application shall have attached thereto geological information
and the opinion of a geologist or petroleum engineer indicating
the anticipated geological structure in€luded wfuthin the
proposed exploratory area.
Any person who has received approval of a preliminary
exploratory area and a permit for an exploratory well shall
apply for approval of a final exploratory area under the pro-
visions of the ordinance, if sa~d exploEatory well is capable
of producing an average of five or more barrels of oil or gas
in commercial quantities or'6ii and' gas' in commerciaL quantities
after a maximum of a ninety (90) day test period. No further or
additional exploratory wells shall be drilled until an applica-
tion for an exploratory area has been filed with and approved
by the City Council.
Each application for approval of the boundaries of an
exploratory area shall be accompanied by an application fee of
Five Thousand and no/100ths ($5,000.00) Dollars. The applica-
tion fee shall be to defray the costs to the City of study,
investigation, and hearing by the City Manager and other officers
and employees of the City, by consultants employed by the Council,
and by the Council concerning the proposed exploratory area set
foruh in the application.
Section 2. Section 11 of Ordinance No. 778 shall be amended
to read as follows:
Section 11. Exploratory area boundaries and pooling of
property: Each applicant requesting approval of an exploratory
area shall have the contractual or proprietary right and authority
to drill for oil and gas under the surface of at least seventy-five
(75%) percent of the area of the real property in the City described
and included in any exploratory area. The Council may require the
applicant to prove any such authority by submitting a lease
agreement or evidence of ownership thereof.
In order to determine the proper boundaries of any explora-
tory area, the Council may employ such engineers or consultants
as it deems necessary to advise the Council in such roatter,
and the cost of such services shall be paid by the City.
Tne Councfl, in cons~ltatidri with the applicant, shall
determine the nature and probable extent of the exploratory area.
Having determined the probable extent of the exploratory area,
the Council shall delineate and describe the approved explorato~y
area.
The Council, as a condition to granting its approval, may
reqeire each applicant or permittee to pool all real property
which it controls within the exploratory area as approved. Permittee
shall immediately form one or more pools within the exploratory
area as approved, provided, however, that there shall not be more
than three pools in an approved exploratory area and notify the
City Council of said action. After such pool is created, thp.
property included therein shall thereafter be referred to as the
"pooled area." The applicant shall not be required to obtain
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leases or contractual rights to explore all of the real property
within such exploratory area, but the applicant shall agree, in
writing, that the owners of any oil and gas rights within the
exploratory arean may join in any leasing arrangements covering
the pooled area containing their property for the production of
oil and gas from the said area. The o\~ers offoil and gas rights
within the exploratory area shall have the right to join in any
such lease and to share in the rental or royalty payments for
oil and gas produced from the approved exploratory area or pooled
area. The shares of royalty to be paid shall be computed on the
same basis as that of the average of real property owners, by
surface area, who have by lease or other document agreed to the
drilling for and production of oil and gas by the applicant from
the subsurface of the exploratory area.
The owner of any oil and gas rights within the exploratory
area shall be granted the right to join in any such pooled area
on the basis set forth in this section. The permittee or lessee
shall accept the owner of such rights into the pooled area as
provided in this section upon receiving written notice that such
owner will join in and become a part of such pooled area cover-
ing the exploratory area and upon the execution of the same form
of lease executed by other owners; provided, however, the oil and
gas rights are appurtenant to real property included in the
exploratory area. The owner of oil and gas rights within the explor-
atory area may join such pomled area and be included in the right
to receive his pro rata share of oil and gas royalty the same as
if he joined such lease by giving notice to the permittee at any
time after the exploratory area is approved; provided, however,
such owner'waives any right to oil and gas royalties, rentals, or
proceeds on or for any and all production from the exploratory area
up to the first day of the following month after the time such
notice is given to the permittee within five (5) years of the
effective date of the first Council permit issued in the explora-
tory area. The permittee shall be required to impound the oil
and gas royalty for all property within the exploratory area
(in which the permittee does not have a contractural or proprietary
right to drill for oil and gas beneath the surface) for a period
of five (5) years from and afte~he effective date of the said
first Council permit and to, during such five-year period, pay
such royalty, as they are entitled, to the owners of oil and gas
rights who give written notice and execute the same form of lease
or agreement executed by other owners. Upon the expiration of
five (5) years from the effective date of the said first Council
permit, the permittee shall distribute the remainder of the funds
impomnded to the owners of oil and gas rights.who have executed
the lease in the same manner as shares of royalty are apportioned.
No such owner of oil and gas rights shall be entitled to a Council
permit or the right to drill an oil and gas well because he has
failed to join any pooled area or because he does not participate
in oim and gas royalty from real property located within the
exploratory area.
The pooling or unitizing of oil and gas rights within the
exploratory area as between owners, lessees, or others having
rights therein may be made a condition to the approval of the
exploratory area.
The Council may modify the restrictions and conditions
required by this ordinance and impose such other conditions as
it may deem necessary to carry out the purpose and intention of
these sections and to fairly and equitably protect the oil and
gas rights of the owners in any exploratory area.
Upon receipt of an application for approval of an exploratory
area, the Council shall refer such application to the City Manager
for study and investigation;. The City Manager shall, within
ten (10) days, availability of information permitting, file a
report upon his study and investigation with the Council and
with the City Clerk, The Council may, at the request of the
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City Manager or on its own motion retain engineers, geologists, or
other persons to assist the City Manager in his study and investi-
gation.
In its action upon the application, if the Council shall
find that the boundaries of the proposed exploratory area include
all of the subsurface portion of real property in which there is
likely to be found deposits of oil and gas from a probably single
pool, it shall approve the boundaries of the proposed exploratory
area, or, if such boundaries can be modified to justify such a
finding, it shall approve the boundaries of the exploratory area
as modified.
Section 3. Section 14 of Ordinance No. 778 shall be amended
to read as follows:
Section 14. Applications for permits for directional drilling.
Each application for a Council permit shall be made in writing and
shall include:
(a) The legal description of the proposed drill site;
(b) A description of all properties, both within and outside
the City, through which such well is proposed to pass;
(c) A statement that the applicant has the right, by. reason
of ownership or the permission of the owner, to pass through and
enter all property through waich such well is proposed to pass;
(d) The proposed location, the type, kind, size, and amount
of equipment, and the method of operation of the proposed well, or
an approved well plan:r.
(e) The proposed methmd of handling and using any product
proposed to be developed;
(f) In all cases where the well is proposed to be bottomed
in the City, a statement that the applicant has the contractual or
proprietory right and authority to drill for oil and gas under the
surface of at least seventy-five (75%) percent of the real property
described and included in the approved exploratory area or approved
exploratory area in accordance with the requirements of Sections
10 and 11 of this ordinance or a statement bringing the application
within the requirements of Section 12 of this ordinance; and
(g) In all cases wfle~e the well is proposed to be drilled
from a controlled drill site within the City, a statement that
the applicant has complied or will comply, before spudding in the
well, with all requirements of the City (or in the case of unin-
corporated territory, the County) in which the well is to be bottomed.
The the time such application for a permit is wade, the
application fee hereinafter required shall be paid to the City
Manager.
Each application shall be accompanied by a detailed written
report of a geologist, or other person experienced in the field of
subsidence as a result of petroleum extraction, indicating the
nature and extent of the subsidence, if any, that can reasonably
be expec~ed to occur as a result off the proposed drilling and
production or drilling or production, as the case may be, and
indicating the nature and extent of the damage to property, if
any, that could resonably be expected to occur as a result of
the ~rilling and production or drilling or production, as the
case may be, and setting forth the qualifications and experience
of the person making the report in the field of land subsidence
as a result of petroleum extraction.
Section 4. Section 15 of Ordinance 778 shall be amended to
read as follows:
Section 15. Development of oil, gas, and minerals: Applica-
tion fees. The filing of any application referred to in section 13
of this ordinance shall be accompanied by an application fee of
Five Hundred and no/lOOths ($500.00) Dollars. The application
fee shall be to defray the costs to the City of study and
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investigation by the City Manager, other staff members, consultants
employed by the Council, and the Council concerning the proposal
set forth in the application. No fee for an application for an
exploratory well as provided for in Section No. 1 shall be required.
Section 5. Section 16 of Ordinance No. 778 shall be amended
to read as follows:
Section 16. Hearing and decisions. Upon receipt of any
such application the Council shall refer such application to the
City Manager for study and investigation. The City Manager shall,
providing sufficient information is available, not later than
ten (10) days after the filing of the application, file a report
upon his study and investigation with the Council. The Council
may, at the request of the City Manager or on its Olin wotion,
retain engineers or other persons to assist the €ity Manager in
his investigation of the application. The application shall be
acted upon by the Council within one (1) month after the filing
of the City Manager's report. In its action upon the application,
if the Council finds that the terms and conditions of this ordinance
have be complied with and that the persons and property within the
City will not be adversely affected by the granting of the applica-
tion, and that there is no reasonable probability of danger of v
damage to any real or personal property or injury to any person
within the City by reason of subsidence of the surface of the
earth or other reason due to the extraction of oil or gas or oil
and gas, and if, in a case where the proposed drill site is
located within the City, the Council shall find that there is no
reasonable probability of danger or damagetto any real or personal
property of injury to any person by reason of the productmon and
extraction of oil or gas or oil and gas or other hydrocarbon
substances, it shall grant the application and the Council permit
upon such terms and conditions as the Council may set and fix in
granting such permit in order to protect persons and property
within the City from injury or damage or hazard of injury or
damage, and when the drill site is in the City, such further
conditions as the Council may iropose in order to eliminate or
minimize the adverse effect of such drill site on persons and
property in the vicinity. In all other cases, the Council shall
deny the application. No permit shall be granted without the
following standard conditions being required and made a part and
condition of such permit:
(a) Drilling operations for any well shall commence within
ninety (90) days from the effective date of the permit and there-
a~ter be prosecuted diligently to completion, and, if a producing
well is not secured within one year from the effective date of the
permit, the well shall be abandoned. The Council, for good cause,
may allow additional time for the commencement of the well.
(b) The permittee shall com~ly with all ordinances, rules,
and regulations of the City and of any other city through which the
well or any part thereof is located or to be drilled, and the
permittee shall coro~ly with all ordinances of the County when the
well or any part thereof is located or is to be drilled part~y
within the unincorporated territory of the County. The permittee
shall comply with all rules and regulations of the Orange County
Air Pollution Control District. '
(c) A copy of the complete record of any such well furnished
to the Division of Oil and Gas of the State shall be filed by the
permittee with the City Manager upon request of the City Manager.
The permittee shall, within thrity (30) days after any oil and gas
or oil or gas well is placed on production, file with the City
Manager a plat showing the location of the producing interval and
the drill site. All records submitted pursuant to the provisions
of this subsection shall be confidential and privileged.
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(d) All well holes and oil and gas wells passing through or
bottomed in or under any real property in the City, which wells
are drilled from drrlling sites outside the City, shall be below
a depth of 200 feet upon entering any real property within the City.
(e) All well holes, oil and gas wells, oil wells, and gas
wells bottomed in the City shall be bottomed in'a"preliIilina~y'ex-
ploratory area or an exploratory area, as the case may be, said
areas approved pursuant to tile provisions of this ordinance or
in a developed area pursuant to the provisions of this ordinance.
(m) The Mayer, members of the Council, the City Manager, the
Public Works Director, the Chief Building Inspector and the City
Engineer, and their authorized assistants or deputies and other
officers, employees, agents, and independent contractors designated
from time to time by the Council, shall be permitted at all reason-
able tmmes to review and inspect the drill site and any operations
or methods used in the drilling for and producing of oil and gas.
(g) The permittee shall hold the City and its officers and
employees harmless from any claims by third parties arising out
of or resulting from the permittee's operation under any Council
permit. The permittee shall upon request and after commercial
production is established shall be insured for not less than Two
Million and no/IOOtl1s ($2,OOO,000.00)Dollars against liability in
tort arising from the drilling or production activities or operations
incident to the drilling and production of an oil ang gas well
pursuant to any Council permit, and such policy shall name as
additional insureds the City, its Mayor, members of its Council,
members of its boards and commissions, and its officers, agents,
and employees, while acting as such, for liability arising out
of the permittee's operation pursuant to such permit. Such policy
of insurance shall be issued by a good and responsible insurance
company and shall be sub;j:ect to the approval of the City Attorney.
A certificate of such insurance shall be filed with the City Clerk
before drillina is commenced. As an alternative to the aforerequired
liability insurance, the Council may approve a satisfactory bond in
a minimum amount of Two Million and no/IOOths ($2,OOO,000.00) Dollars
or the Council may approve a plan of self insurance by the permittee.
Drilling and production shall be suspended at any time when the
required insurance,ibond, or self insurance plan is not in full force
and effect.
(h) The Council permit shall become null and void unless the
permit is accepted by the applicant in its entirety in writing,
filed with the City Manager within thirty (30 ) days from the
effective date thereof, together with the payment of the permit
fee required by this ordinance and no work on such drill site
shall be commenced until such permit is accepted and issued.
(i) The operation of any oil and gas well and production
therefrom drilled pursuant to a Council permit shall be in
accordance with the rules and regulations of the Division of Oil
and Gas of the state, or any successor agency or body thereto.
(j) The oil and gas or oil or gas well drilled pursuant to
any Council permit shall be drilled only within the properties
which the permittee set forth in its application as the properties
through\,wfiich such well was proposed to pass unless the permittee
secures approval of the Council to cause such 'olell to pass through
other properties.
No permittee shall drill, operate, or maintain any oil and
gas well except in conformity with the terms and conditions of
the permit pursuant to which such well is being drilled.
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" Any Council permit may be suspended or revoked by the Council
for any material violation of the condi~ions of the permit by the
permittee or for persistent violation of any law by the permittee
in the operation of any such well. The Council shall not revoke
any Council permit without first giving the permittee ten (10)
days' written notice of the nature of the violations and the Council's
intention to revoke such permit. If, within such ten (10) day
period, the permittee requests a hearing before the Council, the
Council, shall grant such hearing within fifteen (15) days after
the date of such reqqest. At such hearing evidence shall be
presented to establish to the sanisfaction of the Council the
extent and nature of the violation which constitutes grounds for
the revocation, and the permittee shall be given an opportunity to
cross-examine all witnesses testifying at such hearing. The
permittee shall thereafter be permitted at that hearing, or at a
continued hearing (if a continuance is requested by the permittee)
to present evidence to disprove or explain such alleged violations.
The Council shall thereupon, after hearing all the evidence,
determine whether or not the permit should be revoked, and the
Council determination thereon shall be final. If the Council
determines that the permit should be revoked, it shall order the" -
revocatio~, and the permittee shall ~hereafter abandon the well
in s~rict conformity with the requirements of law.
Section 6. Section 17 of Ordinance No. 778 shal~ be amended
to read as follows:
Section 17. Permits: Further conditions. No Council permit
shall be issued where all or any part of the proposed drill site
is located within the City without the following additional
conditions being required and made a part and condition of such
permit, provided the Council may in the event the proposed drill
site is more than 1,000 feet from any current or proposed residen-
tial or commercial area, waive any or all of said following condi-
tions upon a finding that the conditions would impose a hardship
on the permittee and would not serve to protect the citizens of the
City. The Council may require the following additional conditions
be:i.ile required and made',a ~nd condition of any permit for
wells drilled from a site ~e the city, if said drill site
is within 1,000 fee~ of any developed residential or commercial
area. ~ .
(a) All dri}iing shall be done by means of a steel derrick
enclosed with firepromfed and soundpromfed material, and operations
shall be carried on diligently from the commencement of the
drilling. until/the completion of the well or until such well is
abandoned.
(b) All drilling and production equipment shall be operated
by either,electric or muffled internal combustion engines. All
engines shall be equipped with Maxim Silencers or such other
types of mufflers as may be satisfactory to the Council.
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(c) He sump ho~'f~'S ;:,';-:.:\J.1 bl..: lY_...J:.nitte....j, ai1.e! l.crary n:;"K1,
i"l:r.ill C1..~i.:t.i.~19B I C:Hl.:1 otl"h..T.' \.~~Sl:.€ n;:\l:e::-.:L:.tl fro;a drillir~g cper~-:.t.iO!~3
SilC::J) be:- discharged into rl ~Jt'0.8J Ct:1i1}:. :;uch t:an}: I c1:::ilJ. c1..d:tin0s;
l"C",Lc:rY"l1l:t..:J, 2.nd \'lC,lf3t.e :."lai:eri l:1 S'lClJ.J be reiUoved from the control.lcd.
dr:ill r.d."l:f:: upon complei..:i.oJl of driJ 11:19' 0pcrat.ionl:;.
(d) Du::t.:- ing n11 d:!~illing or proc.1uct.i on opr.1ra. tj ons I cXC:E-~pt
i.r:. tf1c':: C'clS<; c.lf E'Ule.l:gC?ncy I all equipi:l::?nl: or !juI?plies too br:.~ dclivE':-rec1
to the d1.~iJ 1 :;it(~ sh.::.:.J.1 be t~~i.lns::?orb.::(1, t):ucl:ec1, or c;onveyed to the
drill s.:i.-=e c.J':.:..1 unloaded ('nly on ;.ionc1ay t.hrough Saturd'iY bct"h7Cen the
hours of 8:00 a.m. and 6:00 p.m. lu; soon as comm<,:rcial production
has been es1:ablished ill any Ile\ol \'le11" ac:quisi tion of a :d,ght- of--\'my
or t,he cons tl:u::tion of 11 pipeline shall be started ',-;i thin ten (10)
days and wOl:k d1Cl:eon c1iligellt,ly prosecuted until such pipeline is
compJ_et:cd in order t.o eliminate the t:rucking of oil, Except in
cases of emergency, all oil amI gas shall be Ghipped and transported
through ,pipelines when completed. 1111 pipelines outside of such
drill site shall be laid to a dep1:h of ale lear;t tbree (3') feet
bolO\'1 the surface of the gl:OUlid.
(e) Private roads for ingress and egress to and from the
drill site shall be surfaced with gravel, oiled, and maintained
in good concli tion at all times during drilling and product.ion
operations. No signs shall be erected on the drill site except those
required by Im~ or permitted by the Seal Beach City Code.
(f) \'Iithin ninety (90) days after the completion of drilling
operations or abandonment of further drilling, the derrick and all
drilling equipment, including ter,lporary t.anks, shall be removed
from the drill site. \',ell abandonment shall be in accordance ~lith
the requiremenLs of the Division of Oil and Gas of the State. Upon
such \\'ell abandonment, the permittee shall restore the p1:operty as
nearly as possible to i t.s original condi l:ion and shall remove all
concrete foundations, oil"so~ted soil, and debris; all holes or
depressi.0!1S shall be filled to the natm:al surface..
(g) \'1hen required by thq Counci 1, t:he applicant or permi ttee
shall designa tc a compet:ent repJ:esentative who shall be responsible
for t.he supervision of drilling op~:rations and the carrying out of
condi t. icJO 5 of allY permit., Such representative shall be available
at all times during drilling operations and shall be the responsible
cont:act agent of the applicant or the perr.littee \'Ihom the Council
muy require to carry out the provisions of the permit.
(h) \'I.:i.thin thirty (30) days after commercial production
has been established, t.here shall be cominenced and prosecuted diligenU,]
to co~pletion on each controlled drill site adequate landscaping
and screening, either \'Ii th shrubbery, masonry, or CCJncre te ~lall
or, their ~qual, so t:!"~at the same shall not be un~ghtly n01:
hazardous. All tanJ~s Shilll he depressed so that the top of any tank
and other equipment and appurtenances sha.ll not: extend more than
five (5') feet above the surface of a.ny controlled drill site unless
ot:hCrl,.'lise pex!~,i t.tcd by the Council.
(i) Oil produced from such \"ells may be st.ored in steel
tanks on the sj, te. UnlEwf~ oLhen'~ir;e permitted by the Council, the
total a',10unt of storage for production, ;r.ecycling, and all s'.:oragl~
and o~erationftl purposes shall not exceed 2,000 barrels, and no
tall); Shilll excee.'d 1,000 barrel capacity,
(j) 1111 c1rillin9 and p1:oduc l:ion equip:nent ins tal led or
operated upon any controlled drill site shatl be so Gons~:ructed,
operaLed, ilnc1 nlilintainec1 tl1at no 1I0ise, vibrcd:ion, odor, 01: other
hcll:mfnl or annoying substances of: cffec i.:.s t.hc:refrom \'ihich can be
el:i.rtl:i.natcd or dimin:i Sh0c1 by t:11o llse of H\odern and approved t.ypes
of 0qui~gent silencers o~ greater cnre shall over be permitted to
rCi;ult fror'j opcr"tions on any controlled drill sH:e, Lo the injm:y
, or annoyance':' of persons in the vicini ~y of r.:uch controlled drill
site. p):ovc:n technologi cal and m(~(:haniccll j mprOVem'311ts in met.hods
of driJ.J ing Clnd pt-e.ducl:iclll and in the ty;)c of equipment ur:ed thc:'J:C:'.
for f;ha.1.1 b~~ i:c1oi)l:ec1 freJIll ti.I~C to t:im,,-~, as t:hc. ficlli1C~ bE:colilc ilv,:!l.lc!blc'
if the use .of; ~;u(:h .0gld,]":r.c'nl-., inrn:ovc:!x'l1t:s, Clnd methods will l.'ccluc:e
noise, vi)n:clt.) on, oelol:r:, or tile l1m:mIul effe"ts or anne,vi ncr
Sl1ur.::t:cll:CCS. 'l':lC tH.;C of e(~niplnc:l~: i.n iLl~:I ('ol"t"trollcd (h~{Jl f';it.:,:,
\'lh.ich (:clui.i):llcnt: Ccl1..1r-:C~; 1~()i!:(: O;t- ;:.il>ri"ii.:5on, !;h.::;J.l at :tJ) tiil:C~J b~:
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subject to the approval of the Council, and the Council may
amend any permit and require the permittee to abate any noise
or vibration which constitutes a nuisance and is detrimental
to persons or property in the vicinity where such equipment is
being operated.
(k) All of the operations at the drill site shall be
conducted in a careful and orderly manner, and the premises shall
at all times be maintained in a neat, clean, and orderly manner.
(1) All fire-fighting equipment as required and approved
by the Fire Chief shall be installed and maintained on the
controlled drill site at all times during the drilling and pro-
duction operations.
(m) No earthen sump shall be used or maintained on any
controlled drill site, and all waste water, mud, oil, or other
waste products from drilling and producing operations shall be
accumulated in steel tanks, and such tanks shall not be permitted
to overflow at any time.
(n) The Council may restrict the use of certain streets,
alleys, or roadways in connection with the permittee's operations.
which streets, alleys, or roadways shall be named in any. permit
granted. In the event any street, alley, or roadway is damaged
by the permittee~s operations, such damage shall be paid for by
the permittee u~on demand by the City, and the failure to pay
such damage, bet~ the reasonable cost of the repair of any
such damaged portions, shall be grounds for the revocation of the
permit and the collection of such damage at law by the City.
(0) No permanent derrick shall be installed or maintained
on any controlled drill site or used for the drilling or productionB
of any oil or gas well.
(p) After an oil and gas well is placed on production,
all equipment with moving parts in use at such well shall be
securely enclosed in a building or by an adequate type of fence
or approved wire screen or housing, sufficient to prevent the
entry of unauthorized persons to such moving parts. Such
protections shall be subject to the approval of the Chief
Building Inspector. Any gates thereto shall be securely fastened
at all times except when authorized personnel are in attendance at
such well.
Section 7. Section 18 of Ordinance No. 778 shall be amended
to read as follows:
Section 18. Permit fees. \~en the Council has granted
any Council permit, the Council permit shall be of no virtue,
force, or effect until it is issued by the City Manager, The
City Manager shall issue a Council permit granted by the Council,
in the form contemplated by this ordinance, upon receipt of
written acceptance of the permit by the permittee and payment
to the City of a permit fee for each well or well hole in the sum
of Five and no/lOOths ($5.00) Dollars. Such permit fee shall be
in addition to the application ffiee required by Section 15 of this
ordinance. '
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ordinance.~umber
Section 8. Section 19 of Ordinance No. 778 shall be amended
to read as follows:
Section 19. Abandonment of wells. Any well which has hot
been produced, or which has not been used for subsurface injection
into the earth of oil, gas, oil field waste water, or liquid sub-
stances for a period of one year preceding the effective date of
this ordinance, shall be permanently and rinally abandoned in
strict compliance with the rules and regulations of the Division
of Oil and Gas of the State or any regulatory authority having
jurisdiction thereof. For the purpose of this provision, upon
notice given to permittee by the City Manager and authorized by
the City Council, a well providing less than an average of five
(5) barrels of oil per day for a period of three (3) years is
deemed to be non producing and shall be abandoned in accordance
with this ordinance and state law.
Section 9. Section 20.1 shall be added to Ordinance No. 778
and shall read as follows:
Notwithstanding any other provision of this ordinance, the
Council may require an applicant for a final exploratory area or
an applicant for a Council permit to submit a_plan for water
injection or other plan for secondary recovery and to eliminate
any possibility of subsidence and or other possible damage to
property within the City.
Section 10. Section 1.1 shall be added to Ordinance No. 778 and
shall read as follows:
Notwithstanding any other provision of the Ordinance and for
pupposes of clarification, this ordinance shall be in effect and
shall control the ~rilling for and production of oil, gas or
oil and gas in all areas within the Eity in which said drilling
and production is permitted by Ordinance No. 483 and is permitted
under provision~ of the City'szoning ordinances.
Nothing in~rdinance shall invalidate any provision of the
City's zoning ordinances and no Council permit shall be issued
and no drill site shall be'permitted which would be in conflict
with aaid zoning ordinances.
Section 11. Severability. If any section, subsection,
sentence, clause, phrase, or portion of the ordinance, or the
application thereof to any person, firm, corporation, or circum-
stance, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
ordinance. The Council of the City of Seal Beach hereby declares
that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof irrespective
OI the fact.that anyone or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitu-
tional.
Section 12. Urgency. The City Council finds and determines
that the mining, drilling, and production of oil and other hydro-
carbon substances constitutes a hazard to both persons and property
because of the danger of subsidence, and that this ordinance is
therefore necessary as an emergency ordinance for the preservation
of public health, safety, and welfare.
Section 13. Effective Date. This ordinance, being an
emergency ordinance for immediate pre servance of ~ach public
health, safety, and welfare, shall take effect immediately upon
the passage thereof by the City Council.
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Ordinance N.urilher
;
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Seal Beach, California, at a special meeting thereof held on the
28th day of January, 1969.
;(:;;r J~-,~
]1:a or
ATTEST: ~
srYA~~ % ~-'
C~ Cler
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Jerdys Weir, city Clerk of the City of Seal Beach, hereby certify
the foregoing to be a full, true, and correct copy of the ordinance
adopted by the city Council of the City of Seal Beach, California,
at a special meeting thereof held on the 28th day of January, 1969,
by the following vote. ( A' /
AYES: councilme~"'_~>~'hP-;_ /atfl":'). ~.-~.....--/
NOES: Councilmen 07,.."., _~. ~
ABSENT: Councilmen ~""..P'~ _-.J
~-/L-~S caJ~
C' Y Clerk
I, JERDYS WEm. CITY CLEr:K OF THE CITY or SEAL
OEACH, DO HEREI:JY CErlTlrY THAT THE FOREGOING
nRDINANCE IS THE ORICIl':f,L ORDINANCE No..?.7.1
AND VIAS rOSn:D P.URSUANT TO ORD.
...---..-... t:I- LJ" f. bC.
1:wiC~ NO,;'72 O~ THr-.:!q.::-~AY Of'r/.~~' q '1
. "7-'}f4 d~-.:{..~, CITY CLERK