Chapter 5.16
OIL AND GAS EXPLORATION
Sections:
5.16.030 Prohibitions – Exceptions.
5.16.040 Previously issued permits – Expiration.
5.16.050 Controlled drill sites – Application.
5.16.060 Easements and right of entry – Compliance with other jurisdictions.
5.16.070 Exploratory area – Application.
5.16.080 Exploratory area – Boundary determinations – Pooled areas.
5.16.090 Developed areas of less than forty acres.
5.16.100 Unauthorized drilling or production deemed nuisance.
5.16.110 City council permit – Application.
5.16.120 City council permit – Application fee.
5.16.130 City council permit – Processing.
5.16.140 City council permit – Issuance conditions.
5.16.150 City council permit – Fee.
5.16.160 Testing and observation.
5.16.170 Abandonment of wells.
5.16.180 Violation – Actions to abate.
5.16.010 Purpose – Findings.
A. The purpose of this chapter is to control the drilling either on the surface or in the subsurface of the city for oil and gas, to control the production of oil and gas, and to control the storing and transportation of oil and gas in the city as permitted by this chapter.
B. The city council declares that the purpose of this chapter is to establish reasonable and uniform limitations, safeguards and controls for the drilling for and production of oil, gas and other hydrocarbon substances within and under the city. Such limitations, safeguards and controls are found and declared to be necessary in order to protect the citizens, their property rights and the general public of the city and to put into effect practices which will provide a plan for the orderly drilling for, and production of, oil and gas. Such orderly development is necessary to protect the surface uses and the value and character of residential, commercial and other real property in the city as such uses are set forth in and regulated by city ordinances. The council recognizes that may of its citizens and property owners have made substantial investments in real property both with and without having acquired mineral rights. Therefore, in order to protect all citizens and their property rights, to protect the owners of mineral rights and to provide for the orderly exploration, development and production of oil and gas, it is necessary to regulate the drilling for and production of oil and gas in the manner set forth in this chapter.
C. The council finds and determines that the uncontrolled drilling on the surface or in the subsurface for oil and gas and the uncontrolled production thereof in the city would be detrimental to the general welfare of the citizens and residents of the city, and detrimental to the general public peace, health, safety, comfort, convenience and prosperity. The council finds and determines that subsurface areas within the city may be explored for oil and gas and if said substances are found, the same may be produced by directional or slant drilling methods from surface locations outside the city and from approved locations within the city. Such operations when conducted from surface locations in the city must be limited to drill sites approved in the manner provided for in this chapter. Such operations, when conducted from surface locations outside the city, must comply with the regulations of the city or county having local control of the drill site area. Such controlled drill sites and the limitations and regulations set forth in this chapter are necessary in order to protect the citizens and residents of the city from oil odors, noise, dust, the spreading of oil, dirt and debris upon the public streets of the city and to protect buildings and structures from vibration, sinking or other damage caused by the drilling for and production of oil and gas in an unrestricted location and manner. (Ord. 44 (part), § 1, 1972)
5.16.020 Definitions.
As used in this chapter:
A. “Applicant” means any person who seeks a permit pursuant to this chapter.
B. “Application” means the particular request to the city under discussion in the section under consideration. There are three types of applications related to the development of oil resources, each of which requires approval by the city council:
1. Application for establishing an exploratory area;
2. Application for establishing a controlled drill site;
3. Application for a city council permit, which authorizes the conduct of drilling and related activities.
C. “Controlled drill site” means the council-approved surface location in the city upon which surface operations incident to oil well drilling or deepening and the production of oil and gas and other hydrocarbon substances from beneath the surface of real property, within or outside the city, may be permitted under the terms and conditions of this chapter.
D. “Developed area,” as used in this chapter, means that subsurface area under real property in the city in or under which there are proven oil and/or gas reserves and on which and from which real property there is a producing well being operated under and by virtue of an oil and gas lease in full force and effect. Such area must contain not less than one acre.
E. “Directional drilling” means the whipstocking or slant drilling of an oil and gas well more than five degrees off vertical.
F. “Drilling equipment” means all temporary structures, tanks, equipment and facilities necessary or convenient for the drilling of a well or well hole, including but not limited to wood or steel derricks, portable masts, engines, pumps, temporary fuel and water tanks and other like facilities ordinarily used in connection with the drilling of an oil and/or gas well.
G. “Exploratory area,” as used in this chapter, means a described area established by the council containing not less than forty acres, the boundaries of which shall follow property lines, public streets, highways or alleys, so far as practicable, in which subsurface area the drilling for oil and/or gas and their production are allowed only by the permittee. It shall be the subsurface portion of real property in which there is likely to be found deposits of oil and gas or oil or gas in which drilling and production operations may be carried on and oil and/or gas wells bottomed for the production of such substances.
H. “Permittee” means any person who receives a permit pursuant to this chapter, or his successor in interest.
I. “Person” means a private individual and/or legally recognized company, corporation, business, or its representative.
J. “Well” means any well or hole already drilled, being drilled or to be drilled from the surface into the earth which is used or intended to be used in connection with the drilling for, prospecting for or production of oil, natural gas, or other hydrocarbon substances. It also includes a well or hole used for the subsurface injection into the earth of oil field waste, gases, water, or liquid substances, including any well or hole which has not been abandoned and is now in existence. (Ord. 44 § 2, 1972)
5.16.030 Prohibitions – Exceptions.
A. The council finds and determines that it is, and it is declared to be, unlawful and a public nuisance for any person, except in the manner authorized by this chapter to:
1. Install, maintain, or operate any derrick or drilling equipment;
2. Drill a well from surface drill sites or locations within the city;
3. Drill or produce a well by directional or slant drilling methods from surface locations or sites outside the city which said wells pass through or bottom in the subsurface of any property located within the city;
4. Produce oil and/or gas from surface drill sites or locations within the city;
5. Produce oil and/or gas from surface locations or drill sites outside the city.
B. Subject to the approval of the exploratory area as required by BMC 5.16.070, and the issuance of a city council permit as required by BMC 5.16.100, the drilling of a well and the production of oil, gas and other hydrocarbon substances may be had or carried on from controlled drill sites, which real property is within the city limits of the city and from which controlled drill sites, drilling and production operations may be had in accordance with the requirements of this chapter within the city. No drilling or production operations for oil and gas may be conducted within the city on other than from within controlled drill sites.
C. The use of controlled drill sites need not be exclusive to any one applicant or permittee and may be used jointly as provided for by city council permit. (Ord. 44 § 4, 1972)
5.16.040 Previously issued permits – Expiration.
All applications for a permit to drill any well filed prior to the effective date of the ordinance codified in this chapter shall be processed in accordance with the procedures in effect on the date of filing such application, but no such well may be drilled without complying with all of the terms and conditions of this chapter. Any permit granted pursuant to an application filed prior to the effective date of the ordinance codified in this chapter shall expire and be of no further virtue, force or effect unless such well shall have been spudded in within ninety days from the effective date of the permit and thereafter prosecuted diligently to completion. 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 completion of the well. (Ord. 44 § 3, 1972)
5.16.050 Controlled drill sites – Application.
A. Controlled drill sites shall be established by the city council upon the satisfactory accomplishment of the following:
1. Prior receipt and approval of corresponding application for establishing an exploratory area;
2. Receipt of an application for establishing a controlled drill site which:
a. Describes a surface area of not less than five acres,
b. Provides a map and layout of proposed temporary and permanent facilities,
c. Lists the operational restrictions and design requirement criteria planned for implementation,
d. Lists other assurances, guarantees, and benefits to enhance the community and/or to guard against nuisances;
3. Review by the planning commission in accordance with the criteria prescribed for conditional use permit under the zoning ordinance, but specifically:
a. Potential impact upon comprehensive plans,
b. Potential impact upon surrounding residential community,
c. Necessary restrictions or conditions required to protect the zoning and environment;
4. Public hearing conducted by the city council, or by a committee appointed by the council;
5. Receipt of reports and recommendations of city engineer and such professional advisors who may be engaged by the city to inspect and evaluate said application.
B. The council finds and determines that the location of drill sites on real property within the city, other than the real property approved as above described, and designated as a controlled drill site, would be contrary to the best interests of the citizens and residents of the city and the public health, safety and general welfare of the citizens and inhabitants of the city. Drilling from or on the surface of real property within the city, except from or upon such controlled drill sites, is prohibited and the drilling of a well from any drilling site in the city except from or on controlled drill sites as described in this section, shall constitute a public nuisance and shall be abated as provided in BMC 5.16.180. (Ord. 44 § 5, 1972)
5.16.060 Easements and right of entry – Compliance with other jurisdictions.
No well may be drilled unless the applicant holds and presents to the council evidence that said applicant has the right to enter or pass through each parcel of property such drilling will take the well through, between the drill site and the well bottom, including the right to take oil and gas from the property in which the well will be bottomed. Slant drilling or whipstocking of any well into, out of, or through the city is prohibited unless the applicant for any such permit meets and fully complies with all the requirements of every city, or in the case of unincorporated territory, of every county in which said well or any part thereof is or will be located, and meets and fully complies with all applicable state and federal laws and regulations. (Ord. 44 § 6, 1972)
5.16.070 Exploratory area – Application.
A. No city council permit shall be granted or considered by the council or set for hearing until the council has approved the boundaries of the exploratory area into which such a well or wells may be drilled. An application for approval of the boundaries of the proposed exploratory area shall be required and in such application the applicant shall set forth and describe with a proper legal description, the real property in the city which applicant proposes to explore for oil and gas purposes. A map shall also be attached to the application which shall clearly show and outline the proposed exploratory area. Such area shall be known and designated as the exploratory area. Such exploratory area shall contain not less than forty acres. The exploratory area may include property within and property outside of the city. Each such application shall have attached thereto, geological information and the opinion of a geologist or petroleum engineer, indicating that the boundaries proposed for the exploratory area include the subsurface portion of real property in which there is likely to be found deposits of oil and gas.
B. Each application for approval of the boundaries of an exploratory area shall be accompanied by an application fee of five thousand dollars. The application fee is to defray the costs to the city of study, investigation and hearings by the administrative officer, other officers and employees of the city, and by consultants employed by the council, and by the council concerning the proposed exploratory area set forth in the application. (Ord. 44 § 7, 1972)
5.16.080 Exploratory area – Boundary determinations – Pooled areas.
A. Each applicant requesting approval of an exploratory area must have the contractual or proprietary right and authority to drill for oil and gas under the surface of at least sixty 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.
B. In order to determine the proper boundaries of any exploratory area, the council may employ such engineers or consultants as it deems necessary to advise the council in such matters and the cost of such services shall be paid by the city.
C. The council, in consultation 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 exploratory area.
D. The council as a condition to granting its approval, may require each applicant or permittee to pool all real property which it controls within the exploratory area as approved. After such pool is created, the property included therein, shall thereafter be referred to as the “pooled area” or the “community lease.” The applicant shall not be required to obtain leases or contractual rights to explore all of the real property within said exploratory area, but applicant must agree, in writing, that the owners of any oil and gas rights within the exploratory area may join in any leasing arrangements covering the pooled area or any community lease for the production of oil and gas from the exploratory area. The owners of oil 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. 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 be 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.
E. The owner of any oil and gas rights within the exploratory area shall be granted the right to join in any such pooled area or community lease on the basis set forth in this section. The permittee or lessee shall accept the owner of such rights into the pooled area or community lease as provided in this section, upon receiving written notice that such owner will join in and become a part of such pooled area or community lease covering the exploratory area and upon execution of the same form of lease or agreement executed by other owners; provided, however, that the oil and gas rights are appurtenant to real property included in the exploratory area. The owner of oil and gas rights within the exploratory area may join such pooled area or community lease and be included in the right to receive his pro rata share of oil and gas royalty the same as if he joined said lease by giving notice to the permittee at any time after the exploratory area is approved; provided, however, that 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 unless such notice is given to the permittee within five years of the effective date of the first city council permit issued in the exploratory 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 contractual or proprietary right to drill for oil and gas beneath the surface) for a period of five years from and after the effective date of the said first city council permit and to, during said 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 years from the effective date of the said first city council permit, the permittee shall distribute the remainder of the funds impounded 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 city council permit or the right to drill an oil and gas well because he has failed to join any community lease or pooled area or because he does not participate in oil and gas royalty from real property located within the exploratory area.
F. The pooling or unitizing of oil and gas rights within the exploratory area as between owners, lessees or others having rights therein may be a condition to the approval of the exploratory area.
G. The council may modify the restrictions and conditions required in BMC 5.16.070 and this section 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.
H. Upon receipt of an application for approval of an exploratory area the council shall set the same for hearing not sooner than sixty and not later than ninety days after the filing of such application and shall refer such application to the administrative officer of the city for study and investigation. The administrative officer shall, not later than ten days before the hearing by the council, file a report upon his study and investigation with the council and with the city clerk. The council may, at the request of the administrative officer, or on its own motion retain engineers, geologists or other persons to assist the administrative officer in his study and investigation. Notice of the hearing shall be given by publication in the official newspaper by two publications not more than thirty nor less than ten days prior to the date of said hearing and by mailing a written notice of such hearing to the applicant. Any such hearing may be continued from time to time within nine months of receipt thereof.
I. In its action upon the application, if the council shall find that the boundaries of the proposed exploratory area include the subsurface portion of real property in which there is likely to be found deposits of oil and gas from a probable single pool, they shall approve the boundaries of the proposed exploratory area or, if said boundaries can be modified to justify such a finding, they shall approve the boundaries of the exploratory area as modified. In all other cases, they shall disapprove the boundaries. (Ord. 44 § 8, 1972)
5.16.090 Developed areas of less than forty acres.
Notwithstanding the provisions of this chapter requiring that the exploratory area contain not less than forty acres, the holder of a valid city council permit, as hereinafter required, may drill and produce a well where such well is bottomed and produced from a developed area as defined in BMC 5.16.020; provided, however, that in no event shall any person hereinafter erect any derrick or drilling equipment or drill a well from surface drilling sites or locations within the city other than a controlled drill site. (Ord. 44 § 9, 1972)
5.16.100 Unauthorized drilling or production deemed nuisance.
It is unlawful and a nuisance for any person hereafter to conduct any drilling operations for a well or hereafter to drill and produce any well in the surface or subsurface of the city from any drill site without first having applied for and obtained from the city council a permit to do so. The permit shall be designated and thereafter referred to as the city council permit, and each permit shall pertain to a single well. (Ord. 44 § 10, 1972)
5.16.110 City council permit – Application.
A. Each application for a city council permit shall be made in writing and shall include:
1. The legal description of the proposed drill site;
2. The legal description of all properties, both within and outside the city through which such well is proposed to pass;
3. 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 which said well is proposed to pass;
4. The proposed location, type, kind, size, amount of equipment and method of operation of the proposed well;
5. The proposed method of handling and using any product proposed to be developed; and
6. In all cases where the well is proposed to be bottomed in the city, a statement that the applicant has the contractual or proprietary right and authority to drill for oil and gas under the surface of at least sixty percent of the real property described and included in the approved exploratory area in accordance with the requirements of BMC 5.16.070 and 5.16.080, or a statement bringing the application within the requirements of BMC 5.16.090; and
7. In all cases where 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 unincorporated territory, of the county) in which the well is to be bottomed.
B. At the time such application for a permit is made, the application fee hereinafter required shall be paid to the city clerk.
C. Each application for a city council permit 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 expected to occur as a result of 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 reasonably be expected to occur as a result of the drilling 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.
D. The permit issued under the provisions of this chapter is separate from and in addition to the business license issued under Chapter 5.04 BMC, which may also be required when applicable. (Ord. 468 § 3 (Exh. A), 2020; Ord. 44 § 11, 1972)
5.16.120 City council permit – Application fee.
The filing of each application for a city council permit, as referred to in BMC 5.16.110, shall be accompanied by an application fee of one thousand dollars for each well. The application fee is to defray the cost to the city of study and investigation by the administrative officer, other staff members, consultants employed by the council, and the council, concerning the proposal set forth in the application. (Ord. 44 § 12, 1972)
5.16.130 City council permit – Processing.
Upon receipt of any such application, the council shall refer such application to the administrative officer of the city for study and investigation. The administrative officer shall, not later than thirty days after the filing of the application, file a report upon his study and investigation with the council and with the city clerk. The council may, at the request of the administrative officer or on its own motion, retain engineers or other persons to assist the administrative officer in his investigation of the application. The application shall be acted upon by the council within nine months of the filing thereof. In its action upon the application, if the council finds that the terms and conditions of this chapter have been complied with and that the persons and property within the city will not be adversely affected by the granting of the application, and that there is no reasonable probability or danger of 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 and/or gas and, if in a case where the proposed drill site is located within the city, the city council shall find that there is no reasonable probability of danger or damage to any real or person property or injury to any person by reason of the production or extraction of oil and/or gas or other hydrocarbon substances, they shall grant the application and the city 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 by hazard of injury or damage and when the drill site is in the city such further conditions as the council may impose 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 days from the effective date of the permit and thereafter be prosecuted diligently to completion and if a producing well in 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 comply 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 comply with all laws of Snohomish and/or King County when the well or any part thereof is located or is to be drilled partly within the unincorporated territory of said counties. The permittee shall comply with all rules and regulations of the appropriate air pollution control district.
C. A copy of the complete record of any such well furnished to the appropriate department of the state shall be concurrently filed by the permittee with the city clerk. The permittee shall, within thirty days after any well is placed on production, file with the city clerk a plat showing the location of the producing interval and the route of the well hole between the producing interval and the drill site. All records submitted pursuant to this subsection shall be confidential and privileged.
D. All wells passing through or bottomed in or under any real property in the city, which wells are drilled from drilling sites outside the city, shall be below a depth of five hundred feet upon entering any real property within the city.
E. All wells bottomed in the city shall be bottomed in an exploratory area approved pursuant to BMC 5.16.080 or in a controlled drill site area approved pursuant to BMC 5.16.050.
F. The mayor, members of the city council, 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 reasonable times 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 city council permit. The permittee must at all times during the existence of any city council permit be insured for not less than one million dollars against liability in tort arising from the drilling or production activities or operations incident to the drilling and production of an oil and gas well pursuant to any city council permit, and such policy shall name as additional insureds the city, its mayor, members of its city 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 reasonable insurance company and shall be subject to the approval of the city attorney. A certificate of such insurance shall be filed with the city clerk before drilling is commenced. Drilling and production shall be suspended at any time when the required insurance is not in full force and effect.
H. The city council permit shall become null and void unless the city council permit is accepted by the applicant in its entirety in writing, filed with the city clerk within thirty days from the effective date thereof, together with the payment of the permit fee required by BMC 5.16.150, and no work on said 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 city council permit shall be in accordance with the rules and regulations of the state and its agencies.
J. The well drilled pursuant to any city council permit shall be drilled only within the properties which the permittee set forth in its application as the properties through which such well was proposed to pass unless the permittee secures approval of the council to cause the well to pass through other properties.
K. No permittee shall drill, operate or maintain any well except in conformity with the terms and conditions of the permit pursuant to which the well is being drilled. After a city council permit has been granted, the council may alter, amend or add to the conditions of the permit in order to protect the citizens and property rights within the city. Such new, amended, or added conditions shall be made only after ten days’ notice to the applicant or permittee and after hearing before the council.
L. Any city council permit may be suspended or revoked by the council for any material violation of the conditions of the permit by the permittee or for persistent violation of any law by the permittee in the operation of any such well. The city council shall not revoke any city council permit without first giving the permittee ten days’ written notice of the nature of the violations and the city council’s intention to revoke the permit. If, within such ten-day period, the permittee requests a hearing before the council, the city council shall grant such a hearing within fifteen days of the date of such request. At the hearing, evidence shall be presented to establish to the satisfaction 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 the 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 city council shall thereupon, after hearing all of the evidence, determine whether or not the permit should be revoked, and the city council determination thereon shall be final. If the city council determines that the permit should be revoked, they shall order the revocation and the permittee shall thereafter abandon the well in strict conformity with the requirements of law. (Ord. 44 § 13, 1972)
5.16.140 City council permit – Issuance conditions.
No city 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:
A. All drilling shall be done by means of a steel derrick enclosed with fireproofed and soundproofed 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.
C. No sump holes shall be permitted, and rotary mud, drill cuttings and other waste material from drilling operations shall be discharged into a steel tank. Such tank, drill cuttings, rotary mud and waste material shall be removed from the controlled drill site upon completion of drilling operations.
D. During all drilling or production operations, except in the case of emergency, all equipment or supplies to be delivered to the drill site shall be transported, trucked or conveyed to the drill site and unloaded only on Monday through Saturday between the hours of eight a.m. and six p.m. As soon as commercial production has been established in any new well, acquisition of a right-of-way or the construction of a pipeline shall be started within ten days and work thereon diligently prosecuted until such pipeline is completed in order to eliminate the trucking of oil. Except in cases of emergency, all oil and gas shall be shipped and transported through pipelines when completed. All pipelines outside of said drill site shall be laid to a depth of at least three feet below the surface of the ground.
E. Private roads for ingress and egress to and from the drill site shall be surfaced with gravel, oiled and maintained in good condition at all times during drilling and production operations. No signs shall be erected on the drill site except those required by law or permitted by this chapter.
F. Within ninety days after the completion of drilling operations or abandonment of further drilling, the derrick and all drilling equipment, including temporary tanks, shall be removed from the drill site. Well abandonment shall be in accordance with requirements of the state. Upon such well abandonment, the permittee shall restore the property as nearly as possible to its original condition and shall remove all concrete foundations, oil-soaked soil and debris. All holes or depressions shall be filled to the natural surface.
G. When required by the council, the applicant or permittee shall designate a competent representative who shall be responsible for the supervision of drilling operations and the carrying out of the conditions of any permit. Such representative shall be available at all times during drilling operations and shall be the responsible contact agent of the applicant or the permittee whom the council may require to carry out the provisions of the permit.
H. Within thirty days after commercial production has been established, there shall be commenced and prosecuted diligently to completion on each controlled drill site adequate landscaping and screening either with shrubbery, masonry or concrete wall or their equal so that the same shall not be unsightly or hazardous. All tanks shall be depressed so that the top of any tank and other equipment and appurtenances shall not extend more than five feet above the surface of any controlled drill site unless otherwise permitted by the council.
I. Oil produced from said wells may be stored in steel tanks on the site. Unless otherwise permitted by the council, the total amount of storage for production, recycling and all storage and operational purposes shall not exceed two thousand barrels and no tank shall exceed one thousand barrels’ capacity.
J. All drilling and production equipment installed or operated upon any controlled drill site shall be so constructed, operated and maintained that no noise, vibration, odor or other harmful or annoying substances or effect therefrom which can be eliminated or diminished by the use of modern and approved types of equipment silencers or greater care shall ever be permitted to result from operations on any controlled drill site to the injury or annoyance of persons in the vicinity of such controlled drill site. Proven technological and mechanical improvements in methods of drilling and production and in the type of equipment used therefor shall be adopted from time to time as the same become available, if the use of such equipment, improvements and methods will reduce noise, vibration, odors, or the harmful effects of annoying substances. The use of equipment in any controlled drill site which causes noise or vibration shall at all times be 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.
L. All firefighting equipment as required and approved by the city shall be installed and maintained on the controlled drill site at all times during the drilling and production operations.
M. No earthen sump shall be used or maintained on any controlled drill site and all wastewater, 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 shall be named in any permit granted. In the event any street, alley or roadway is damaged by permittee’s operations, then such damage shall be paid for by the permittee upon demand by the city and the failure to pay such damage, being 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.
O. No permanent derrick shall be installed or maintained on any controlled drill site or used for the drilling or production of any oil or gas well.
P. After a 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 city engineer. Any gates thereto shall be securely fastened at all times, except when authorized personnel are in attendance at such well. (Ord. 44 § 14, 1972)
5.16.150 City council permit – Fee.
A. When the council has granted any such city council permit, the city council permit shall be of no virtue, force or effect until it is signed by the mayor of the city. The mayor shall issue a city council permit granted by the council, in the form contemplated by this chapter, 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 one thousand dollars.
B. Said permit fee shall be in addition to the application fee required by BMC 5.16.120. The permit fee is to defray the costs to the city of ensuring that the permittee complies with the requirements of this chapter and his city council permit and to defray the expense of enforcing the provisions of BMC 5.16.170 and 5.16.180. The permit, when issued by the mayor, shall show the effective date as the date upon which the council granted the permit and the date of issue as the date when the permit was actually issued by the mayor. (Ord. 44 § 15, 1972)
5.16.160 Testing and observation.
A. The city engineer shall, from time to time, as he deems appropriate, make such tests and observations as he deems appropriate to determine if any adverse effect upon the surface of the city is occasioned or is in danger of being occasioned by reason of the removal of oil, gas or other hydrocarbon substances from the subsurface of the city pursuant to a well regulated by this chapter or pursuant to a well, no part of which is located within the city but which drains a subterranean oil or gas pool, part of which is in the city.
B. In the event the city engineer observes any such adverse effect or danger, the may order the immediate suspension of further production from such well or wells as may be located entirely or partly within the city and in the case of such an order, production on such well shall be suspended by the permittee or other operator immediately upon receiving notice of such order. The permittee or other person lawfully producing oil or gas or oil and gas or any other hydrocarbon substances from any such well may appeal to the council. The council may, upon good cause being shown by the permittee or such other person, vacate or modify the order of the city engineer or if no part of the well is in the city, the council may direct the city attorney to immediately commence such actions or proceedings as may be necessary for the abatement, removal or enjoining of further drilling operations which adversely affect property within the city in the manner provided by law and to take such other action and to apply to any court having jurisdiction to grant such relief as will restrain or enjoin any person from drilling or producing any such well. (Ord. 44 § 17, 1972)
5.16.170 Abandonment of wells.
Any well which has not been produced, or has not been used for subsurface injection into the earth of oil, gas, oilfield wastewater or liquid substances for a period of one year preceding the effective date of the ordinance codified in this chapter, shall be permanently and finally abandoned in strict compliance with the rules and regulations of the state, or any regulatory authority having jurisdiction thereof. (Ord. 44 § 16, 1972)
5.16.180 Violation – Actions to abate.
Any well drilled or produced and any building or structure erected, operated or maintained or any use of property contrary to the provisions of this chapter, shall be and the same is declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action and proceedings for the abatement, removal and enjoinment thereof in the manner provided by law; and shall take such other action, and shall apply to any court having jurisdiction to grant such relief as will restrain and enjoin any person from drilling or producing any such well or from erecting, operating, or maintaining such building or structure, or using any property contrary to the provisions of this chapter. (Ord. 44 § 18, 1972)
5.16.190 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof punished in accordance with BMC 1.28.030(A). (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 44 § 19, 1972)