Note: Prior code history: Prior code §§ 13-1 through 13-12.
A. 
The purpose of this chapter is to promote the economic recovery of natural gas in a manner compatible with surrounding land uses and protection of the public health and safety by establishing reasonable limitations, safeguards, and controls on exploration, drilling, production and transportation of natural gas resources.
B. 
The city recognizes that natural gas exploration and development is important to the economic welfare and the long term interests of the city and its citizens. The performance standards contained in this chapter regulate the manner in which natural gas operations can be conducted within the city. These performance standards are intended to provide for compatibility of natural gas operations with the surrounding land uses and protection of public health, safety and the environment.
C. 
The procedures and standards contained in this chapter, or incorporated herein by reference, Chapter 17.64 of the Rio Vista Municipal Code and the city general plan set forth all the city's rules governing exploration, drilling and production activities related to natural gas substances carried out in the city, and are intended to address all aspects of natural gas development in the presence of other land uses which are matters of concern to citizens of the city and are not presently subject to jurisdiction and acceptable regulation of another duly constituted governmental body. Where an existing regulatory scheme or laws are deemed adequate to protect the citizens of Rio Vista and the public, this chapter defers to such existing law and/or scheme by requiring compliance with it as a duty of permittees under this chapter.
D. 
The provisions of this chapter shall not be construed to apply to the construction, installation, operation, and maintenance of pipelines for the transmission of natural gas operated by private enterprises.
(Ord. 613 § 1 Exh. A, 2006)
The terms set forth in this chapter, wherever used in any city ordinance or regulation, shall have the meanings set forth herein.
"Abandonment of a well"
means the plugging and abandonment of a well as defined in California Public Resources Code Section 3208 or any successor statute thereto and in compliance with California Division of Oil, Gas and Geothermal Resources requirements.
"Accessory facility"
means any improvement constructed, installed, or established to perform some particular function that is incidental to or facilitates the gas operations.
"Accessory use"
means a use of land or of a building that is customarily incidental and subordinate to the gas operations located on the same site.
"Ambient"
means the normal or existing level of environmental noise (being the composite of noise from all sources near and far) at a given location.
"Casing"
means pipe run into the drilled hole and held together by threads and collars.
"CDD"
means community development director or his or her designee.
"City"
means the city of Rio Vista.
"Clean out"
means the removal of sand or material from perforations with water.
"Commission"
means the planning commission of the city of Rio Vista.
"Completion"
means the first configuring of the well inside the production casing and perforating of the casing to allow gas from the surrounding rock into the casing and to the surface.
"Council"
means the city council of Rio Vista.
"Daily gas operations"
means those gas operations necessary for the daily operation and maintenance of producing or idle wells. Daily gas operations do not include drilling, remedial work or fracturing of wells.
"Decibel" or "dB"
means the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure. The reference pressure for air is 20.
"Deepening"
means extending an existing well beyond its original depth.
"Drill" or "drilling"
means any activity that creates a new hole for the purpose of exploring for and producing gas, or related hydrocarbon substance or for the purpose of obtaining water to be used in production, stimulation, or repressuring operations. Drilling shall include drilling a new well, redrilling, deepening and sidetracking. Drilling includes all operations through release of the rig crew.
"Drill site"
means that surface area used during drilling for a gas well or a well drilled for accessory use, and includes the well site plus the setback areas.
"Drilling envelope"
means an area of up to 2,500 square feet in which a gas operator shall be entitled to maintain one or more gas wells.
"Dual completion"
means changing the bore configuration to produce from multiple zones at the same time.
"Fracture"
means the process of pumping non-caustic fluids and inert proppants into a well bore at high pressure to create "fractures" or cracks in the rock formation adjacent to the perforated casing, allowing gas to flow more easily into the well perforations.
"Gas"
means the gaseous components or vapors contained in or derived from petroleum, natural gas and associated liquids.
"Gas development plan"
means a plan graphically describing the location of proposed wells, accessory facilities and uses, and other required information submitted in conjunction with an application for review and approval under a natural gas permit.
"Gas operations"
means and includes all activities, including plugging and abandonment of wells, in connection with the exploration, drilling, production and gathering of natural gas, together with the operation of all equipment and appurtenances incidental to such activities.
"Injection well"
means a well which injects fluids which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste water from gas plants which are an integral part of production operations, unless these waters are classified as a hazardous waste at the time of injection.
"Ministerial"
means applying the statutes, ordinances, or regulations to the facts as prescribed and involving little or no personal judgment as to the wisdom or manner of carrying out a project.
"Noise level"
means the "A" weighed sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals. The unit of measurement shall be designated as dBA.
"Nonconforming gas operations"
means gas operations, wells, accessory facilities, or uses, which were lawful prior to the adoption, revision, or amendment of this chapter, but which fail by reason of such adoption, revision, or amendment to conform to the physical or substantive requirements of this chapter.
"Perforation"
means a hole placed through the production casing into the rock formation allowing oil and gas to flow from the rock into the casing.
"Permanent dwelling"
means a building used as a residence for one or more families, with facilities for living, sleeping, cooking, eating and sanitation, that is attached to a concrete or similar permanent foundation in such a manner that it cannot be readily moved.
"Recompletion"
means subsequent completions where existing perforations are isolated and new perforations are shot in a previously unperforated interval.
"Redrilling"
means any drilling operation conducted from an existing well pad to replace an existing well, including deviation from or deepening the original well bore. Redrilling includes any use of a drill rig, as distinguished from a completion rig. The provisions of this code relating to drilling shall also apply to redrilling.
"Reentry"
means operations using a completion rig to reenter an abandoned well bore and where current operations are inside existing production casing.
"Remedial work"
means any work on a well, including all maintenance work, other than drilling or redrilling. Remedial work includes but is not limited to reworking, tubing removal or replacement or plugging; and abandonment of a well. Except as set forth in Section 13.12.130(B), remedial work does not require the gas operator to acquire a new permit.
"Reworking"
includes any gas operations intended to enhance or maintain gas production that occur within the casing of an existing well and require the use of a completion rig. Reworking includes completion, dual completion, recompletion, workover, clean out, or reentry. Reworking does not include drilling or fracturing.
"Sound level meter"
means an instrument that meets or exceeds American National Standard Institute's Standard 51.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
"Structure"
means any man-made enclosure erected for human occupancy and use and which is in use on a regular, but not necessarily continuous, basis.
"Tubing"
means a string of threaded pipe that is run inside of the casing.
"Well"
means any hole drilled into the earth for the purpose of exploring for and producing gas, or related hydrocarbon substance or any hole drilled into the earth on lands producing or reasonably presumed to contain gas, or any hole drilled into the earth within or adjacent to a gas pool for the purpose of obtaining water to be used in production, stimulation, or repressuring operations.
"Well site"
means that surface area used for gas production operations after drilling is completed.
"Workover"
means any operations requiring a completion rig necessary to maintain or enhance production from an existing completed well.
(Ord. 613 § 1 Exh. A, 2006)
A. 
No well may be drilled or operated, and no gas operations or related equipment, accessory facility or use may be installed, when located more than 1,000 feet from any existing structure and in any area designated for agricultural or open space use in the city's general plan, until a copy of the complete application for a natural gas permit has been sent by the applicant to the record landowner(s) of the affected surface estate by registered or certified mail and the original application has been submitted to and approved by the CDD, under ministerial review, as consistent with the standards set forth in Subsection 13.12.060(A) of this chapter. However, if the CDD determines that there may be a conflict between the application and a written plan or policy that has been adopted by the council or was in development by staff at the direction of the council or commission at the time of application and calls for public use of the property, he or she shall suspend review of the application and promptly notify the applicant and refer the matter to the commission. The commission shall consider the matter at its next regular or special meeting and if it finds that such a conflict exists, a conditional natural gas permit pursuant to Section 13.12.040 shall be required. If the commission finds that no such conflict exists, the CDD shall continue to process the application for a ministerial natural gas permit. Pending the determination of the commission, the time requirements set forth in subsections B and C of this section shall be tolled.
B. 
Not later than 30 days after receiving an application for a natural gas permit, the CDD shall determine in writing whether the application is complete and shall immediately transmit its determination in writing to the applicant. If the written determination is not made within 30 days after receipt of the application, the application shall be deemed complete. If the application is determined not to be complete, the CDD's determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete.
C. 
The CDD shall approve or disapprove such application within 30 days from the date on which the application has been accepted as complete or deemed complete. If the CDD fails to act to approve or disapprove within these time limits, such failure to act shall be deemed approval of the application.
D. 
Following issuance of a ministerial natural gas permit, such permit shall not be rendered invalid, and natural gas operations authorized by such permit shall not be required to cease, solely as a result of a change in land use designation for the well-site, or the construction of a structure within 1,000 feet of the well.
E. 
If the gas operator has not initiated drilling within 24 months from the date of issuance of the permit, or within any extension period granted by the CDD, the ministerial natural gas permit shall expire and the premises shall be restored as nearly as practicable to their original condition. Extensions granted by the CDD shall not exceed 12 months past the original date of expiration. An application for extension shall be accompanied by a fee as established by resolution of the council. Expiration of a ministerial natural gas permit shall not preclude the gas operator from later applying for a new ministerial natural gas permit for the same site, provided that the site still qualifies for receipt of a ministerial permit.
(Ord. 613 § 1 Exh. A, 2006)
A. 
No well may be (1) drilled or operated, and no gas operations and related equipment, accessory use or facility may be installed, when located within 1,000 feet of any existing structure or in any area designated for any use except for agricultural or open space use in the city's general plan or (2) fractured, until a copy of a complete application for a conditional natural gas permit has been sent by the applicant to the record landowners of the affected surface estate by registered or certified mail and such application has been submitted to the CDD and approved by the commission, or council on appeal, as consistent with the standards and findings set out in Section 13.12.060 of this chapter.
B. 
Not later than 30 days after receiving an application for a conditional natural gas permit, the CDD shall determine in writing whether the application is complete and shall immediately transmit its determination in writing to the applicant. If the written determination is not made within 30 days after receipt of the application, the application shall be deemed complete. If the application is determined not to be complete, the CDD's determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete.
C. 
Review of a conditional natural gas permit application shall follow the procedure set out in subsections 17.66.070(C) and (F).
D. 
The commission, or council on appeal, may waive any condition set out in subsection 13.12.060(A) of this chapter if it determines that such waiver will not result in material detriment to the public welfare or the property of other persons located in the vicinity.
E. 
If the gas operator has not initiated drilling approved under a conditional natural gas permit within 24 months from the date of issuance of the permit, or within any extension period granted by the CDD, the conditional natural gas permit shall expire and the premises shall be restored as nearly as practicable to their original condition. Extensions granted by the CDD shall not exceed 12 months past the original date of expiration. An application for extension shall be accompanied by a fee as established by resolution of the council. Expiration of a conditional natural gas permit shall not preclude the gas operator from later applying for a new conditional natural gas permit for the same site.
(Ord. 613 § 1 Exh. A, 2006)
A. 
An operator, at its election, may apply for a master natural gas permit (rather than multiple ministerial and/or conditional natural gas permits) in order to receive approval for multiple well sites within the city through a single permit. A master natural gas permit application shall include all information required by Section 13.12.110 for each proposed natural gas well site. The application shall additionally include a map designating the location and size of each well site. Each well site must be sufficient in size to accommodate at least one well, and provide the setbacks required by Section 13.12.070.
B. 
Not later than 30 days after receiving an application for a master natural gas permit, the CDD shall determine in writing whether the application is complete and shall immediately transmit its determination in writing to the applicant. If the written determination is not made within 30 days after receipt of the application, the application shall be deemed complete. If the application is determined not to be complete, the CDD's determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete.
C. 
Master natural gas permit applications shall be reviewed in accordance with the procedure set forth in subsections 17.66.070(C) and (F).
D. 
Notice of public hearings to consider approval of a master natural gas permit shall be mailed to the landowner of the affected surface estate of the subject property at least 10 days prior to the scheduled hearing.
E. 
The findings described in subsection 13.12.060(B) shall be made prior to the granting of any master natural gas permit.
F. 
Individual Drilling Permits.
1. 
Prior to drilling any individual well approved by a master natural gas permit, the operator shall submit to the city an application for an individual drilling permit for the desired well. A copy of the application shall be submitted to the record landowners of the affected surface estate by registered or certified mail. The application for the individual drilling permit shall include all information required for a ministerial natural gas permit as set forth in Section 13.12.110 and shall meet the standards set forth in subsection 13.12.060(A). To the extent that the operator has already provided portions of the required information as part of the master natural gas permit application, the operator may submit the required information by reference to the materials previously submitted.
2. 
Not later than 30 days after the receipt of the individual drilling permit application, the CDD shall determine whether the application materials are complete and shall transmit his determination in writing to the applicant. If the written determination is not made within 30 days after receipt of the application, the application shall be deemed complete. If the application materials are determined not to be complete, the CDD's determination shall specify those parts of the application that are incomplete, and the manner in which they can be made complete.
3. 
The CDD shall approve or deny the application for an individual drilling permit within 30 days from the date on which the application has been accepted as complete or deemed complete. The CDD's determination shall be under ministerial review and shall be based on whether the application materials are consistent with the requirements of subsection 13.12.060(A), and whether the proposed well and all associated facilities are consistent with the master natural gas permit, and comply with all conditions placed thereon. If the CDD fails to act to approve or disapprove within these time limits, such failure to act shall be deemed approval of the application.
4. 
If the gas operator has not initiated drilling approved under an individual drilling permit within 24 months from the date of issuance of the permit, or within any extension period granted by the CDD, the individual natural gas permit shall expire and the premises shall be restored as nearly as practicable to their original condition. However, expiration of an individual drilling permit for a specific site shall not preclude the gas operator from later obtaining a new individual drilling permit for the same site, in accordance with the terms of the master natural gas permit.
G. 
Term of Master Natural Gas Permit.
1. 
A master natural gas permit may be granted for a term ranging from five to 15 years. The commission or council on appeal may, in their sole discretion, provide for a term that is either lesser or greater than that originally requested by the applicant, within the range stated above. The term of the master natural gas permit shall be appropriate based on the number of wells to be covered by the master natural gas permit, the timing for drilling such wells and any other factors the commission, or council on appeal, deems appropriate. In the event that the city approves a development agreement pursuant to Government Code Section 65864 et seq. for the development of well sites in conjunction with the approval of a master natural gas permit, the term of the master natural gas permit shall be coterminous with the term of the development agreement. During the term of the master natural gas permit, the operator shall be entitled to submit ministerial applications for individual drilling permits for any of the wells approved by the master natural gas permit.
2. 
The commission, or council on appeal, may, in their sole discretion, grant an extension of the applicable master natural gas permit. In considering whether to grant such an extension, the commission or council may consider whether (1) the gas operator has been diligently drilling the wells authorized under the master permit; (2) the well sites are located in a manner that is consistent with the state and local laws and regulations in effect at the time of submission of the application for extension; and (3) any other factors that may have prevented the gas operator from drilling the applicable wells within the term of the master natural gas permit.
(Ord. 613 § 1 Exh. A, 2006)
A. 
All wells, gas operations and related accessory facilities and uses approved pursuant to Sections 13.12.030, 13.12.040 and 13.12.050 of this chapter shall comply with the following standards, unless otherwise provided in this chapter:
1. 
All drilling and production activities shall conform to applicable health, fire and safety regulations including those of the Rio Vista fire department consistent with National Fire Protection Association standards.
2. 
Any signage to be located on well sites that contain operating wells shall be governed by Chapter 17.56. Notwithstanding anything to the contrary provided in Chapter 17.56, a gas operator may place a sign at the location of abandoned or inoperative wells, and on future well sites or other property contemplated or reserved by a gas operator or surface developer for a future well, as necessary to inform occupants and visitors of property in the vicinity of the well, wellsite or location of the future well that such well, wellsite or location could be used in the future for gas operations; such signs may be no greater than 32 square feet in area and shall not extend higher than eight feet above ground.
3. 
When drilling, redrilling operations, and remedial work are terminated, all sumps shall be drained prior to removal of fencing, equipment shall be removed and the drill or well site restored, including filling of any earthen sumps, pursuant to California Division of Oil, Gas and Geothermal Resources requirements.
4. 
Whenever a well is located within 500 feet from an existing permanent dwelling, except in case of an emergency, no materials, equipment, tools, or pipe used for either drilling or production operations shall be delivered to or removed from the drilling site and no remedial work shall be conducted, unless otherwise permitted by this chapter, except between the hours of seven a.m. and seven p.m., unless otherwise required by the California Division of Oil, Gas and Geothermal Resources.
5. 
All vehicle parking and maneuvering areas shall be treated and maintained to control dust during the grading and drilling phases.
6. 
Abandonment of a well or well site shall conform to the requirements of the California Division of Oil, Gas and Geothermal Resources.
7. 
All required federal, state, and local laws, ordinances, rules and regulations shall be complied with at all times, including, but not limited to, the Rio Vista zoning ordinance and the rules and regulations of the following agencies:
a. 
California Department of Conservation, Division of Oil, Gas and Geothermal Resources;
b. 
Solano County Health Department;
c. 
Regional Water Quality Control Board;
d. 
Air Pollution Control District;
e. 
Rio Vista Public Works, Police and Fire Departments.
8. 
Before any natural gas permit is effective, the permittee shall file with the city clerk:
a. 
Acceptable evidence that it has in effect a bond in favor of the city in the amount of $100,000 per well for drilling or redrilling operations and $50,000 per well for subsequent production operations pursuant to which it is bound to perform all permit activities in full compliance with permit terms and conditions; or
b. 
A permittee operating more than one well within the city may elect to maintain, instead of the performance bond required above, a single undertaking in the amount of $200,000 covering all its wells on which drilling or redrilling operations are being conducted, and/or in the amount of $100,000 covering all its production operations within the city; and
c. 
A certificate of insurance reflecting its ownership of a general liability policy with coverage in the amount of at least two million dollars ($2,000,000.00) per occurrence.
d. 
All undertakings required by this section shall be fully and continuously maintained at all times during permittee's gas operations within the city.
e. 
The commission, or council on appeal, may waive, alter or reduce any of the conditions contained in subsections (A)(8)(a) through (c) of this section if there are five or fewer permanent dwellings or other structures (occupied by persons for business purposes or otherwise) located within 500 feet of the proposed drill site, and if it determines that each and every such waiver, alteration and/or reduction will not result in material detriment to the public welfare or to the property of other persons or entities located in the vicinity.
9. 
The CDD, the city engineer or his or her designee shall have the right and privilege, upon reasonable notice to permittee and when accompanied by a representative of the permittee, to enter upon the premises covered by the permit for the purpose of making any of the inspections herein-above provided for or for any other lawful purpose.
B. 
In conjunction with granting any master or conditional natural gas permits for any wells, gas operations and related accessory facilities and uses, the commission, or council on appeal, shall make the following findings and may impose reasonable conditions upon the operator as necessary to make such findings:
1. 
That the proposed location of the wells and facilities as shown on the gas development plan will be compatible with other uses permitted in the zone in which the subject property is situated;
2. 
That the proposed location of the wells and facilities, and the conditions under which they would be operated or maintained, will not be detrimental to the public health, safety, or welfare.
3. 
That the proposed wells and facilities shall be consistent with the city general plan, the zoning code and this chapter.
(Ord. 613 § 1 Exh. A, 2006)
A. 
Setbacks.
1. 
No well may be drilled within 145 feet from:
a. 
The property line of any parcel existing on the date of permit issuance upon which a permanent dwelling is located;
b. 
The property line of any parcel existing on the date of permit issuance upon which a public use or quasi-public use, except for open space areas and parks, as defined in the city zoning code, is operated; or
c. 
Any other structure, except those structures owned or used by the operator, or used in association with the drilling operation of the well.
2. 
Each permit granted pursuant to this chapter shall establish a setback area (the "setback area") around each drilling envelope that ensures the well is a minimum of 145 feet from any of the boundaries or structures described in subsection (A)(1) of this section.
3. 
Permitted uses within the setback area include:
a. 
Open fields;
b. 
Walking, jogging and biking trails;
c. 
Passive park uses;
d. 
Golf courses, except for teeing grounds and greens; and
e. 
Local roads that, in the judgment of the public works director, may be closed for up to four weeks without affecting public health, safety and welfare, and provided that alternative vehicle access is available to all residences during the period of the road closure. An encroachment permit must be issued by the city prior to any road closure.
4. 
The city shall not allow or permit the development of any uses within the setback area except those described in subsection 13.12.070(A)(3).
5. 
Well sites that, as of September 15, 2005, are designated on an approved tentative subdivision map, parcel map or final subdivision map and are surrounded by residential lots shown on such map or other subdivision map approved as of September 15, 2005, that are configured in a manner that does not allow for a setback area with a 145 foot radius, may establish a setback area that ensures the well is a minimum of 140 feet from any of the boundaries or structures described in subsection (A)(1) of this section, provided that the drill or rework rig used on such site shall be no greater than 130 feet in height. The well sites described in this subsection 13.12.070(A)(5) shall not be required to include a drilling envelope of any size.
B. 
Drill Rig Height.
1. 
Drill or completion rigs used within the setback area shall be no greater than 135 feet in height, and shall be located at least 145 feet from the boundary of the setback area, except as provided in subsection (B)(2) of this section.
2. 
An operator may use a drill or rework rig of greater than 135 feet in height, provided that:
a. 
The drill rig is located a distance from the boundary of the setback area equal to or greater than 10 feet more than the height above ground level of the applicable rig, or
b. 
The operator obtains an encroachment permit or other necessary written permission from the city public works director, or written permission from any adjacent property owners, that allows the operator to maintain a setback area during drilling or rework operations that ensures the drill rig will be located a distance from the boundary of the setback area equal to or greater than 10 feet more than the height of the applicable rig.
C. 
Fencing Requirements.
1. 
During any drilling, redrilling or rework operations, the setback area shall be enclosed in its entirety by temporary fencing that meets the fencing standards established by the Division of Oil, Gas and Geothermal Resources.
2. 
Immediately following the initial drilling of a well, the gas operator shall install permanent fencing surrounding the well. Each well shall be located within the permanently fenced area, and a minimum of 50 feet from all portions of the fence.
3. 
The permanent fencing shall meet the city's aesthetic standards, as set forth in Section 13.12.090, and the fencing standards maintained by the Division of Oil, Gas and Geothermal Resources.
4. 
Nothing in this Chapter 13.12 shall be interpreted to prevent a gas operator, at its election, to fence or allow to be fenced a future well site or other property contemplated or reserved by a gas operator or surface developer for a future well.
D. 
Fire Safety.
1. 
At each well site there shall be provided fire fighting equipment that meets the approval of the fire chief. A minimum of one forty (40) gallon foam engine, or its equivalent, shall be maintained at each well location where drilling or reworking activities are being conducted. All required fire fighting equipment shall be maintained in proper working condition at all times.
2. 
Suitable alarm systems that are satisfactory to the fire chief and include a mechanism to immediately alert the gas operator in the event of any reduction in pressure at the wellhead shall be installed and maintained in good working order at each producing well site.
3. 
Each operator shall submit to the fire chief its emergency response plan that is on file with Solano County, and shall submit any updates or amendments to the emergency response plan to the city concurrent with filing such updates or amendments with Solano County. If surrounded by residential, commercial or industrial development, a good and sufficient supply of water, satisfactory to the fire chief for firefighting purposes, shall be immediately available to the well-site.
4. 
No open flames except welding or torch cutting supervised by the production foreman, drilling foreman, drilling engineer, drilling supervisors or safety supervisors shall be located closer than 25 feet to a producing well nor closer than 100 feet to a drilling well. Internal combustion engines used in the drilling, production and servicing of wells are exempt from this section.
5. 
Flammable waste gases or vapors escaping from a drill site shall be burned or controlled to prevent hazardous concentrations reaching sources of ignition or otherwise endangering the area. Approved means of ignition shall be provided whenever hydrocarbon gases are released to the air through flares.
6. 
No person shall permit or cause to be permitted the discharge of any liquid containing crude oil, natural gas liquids, or byproducts into or upon any street, public highway, drainage canal or ditch, storm drain or flood control channel.
7. 
All land within five feet of any well, flammable liquid tank or other appurtenance to any such well shall be at all times kept free and clear of dry weeds, rubbish and other combustible debris.
8. 
Protection shall be provided to prevent the blow-out of a well, during drilling and redrilling operations by reviewing and conforming to the requirements of the California Code of Regulations, Title 8, Chapter 4, Subchapters 14 and 15.
9. 
All wells shall be equipped with a safety or shut-off valve to protect against hazards associated with well blowouts or gas leakage.
10. 
It will be unlawful for any person to smoke or throw, place or deposit any lighted or smoldering cigar, cigarette, ash, match, or other smoldering substance, within 100 feet of any well or storage tank or sump containing crude petroleum, natural gas liquid or its fluid byproducts. At least one "NO SMOKING" signs shall be posted, and all signs shall have letters at least four inches in height.
11. 
All well operators shall be required to provide funding for public safety operations in proportion to the burden on public safety operations created by their gas operations. Proportionate funding obligations shall be established by the council, and well operators shall be required to commit to such funding prior to issuance of any permit.
E. 
Inspections.
1. 
The CDD and fire chief or their designee shall inspect annually and at such other times as they deem necessary each well site within the city to ascertain whether each site is in conformity with the minimum standards of this chapter, and to ensure that all required fencing is properly secured and maintained, and that no portion of the fencing or equipment located on the site has been tampered with or vandalized.
2. 
To meet the expense of conducting the inspections required by this section, each operator shall pay to the city an annual inspection fee to be established by a resolution of the council. The amount of the fee established shall not exceed the city's total annual costs associated with conducting the inspections required by this section.
F. 
Pollution Control/Spill Prevention Plans. Operators shall file with the CDD copies of any pollution control, spill prevention or similar hazardous materials plans for any wells or gas operations that the operator is required to prepare by the county, any state agency, or any federal agency. Operators shall additionally submit any updates or amendments to any such plans to the city concurrent with filing such updates or amendments with the applicable local, state or federal agency.
G. 
Locations of New or Relocated Pipelines. Any party proposing to construct or relocate a natural gas collection pipeline(s) shall submit to the city public works director detailed plans for all proposed placement of natural gas collection pipelines within city street rights-of-way. These plans shall include a report analysis of any added risk and city costs, including potential mitigation measures, associated with additional gas lines within the street rights of way. No new or relocated pipeline greater than four inches in diameter and proposed to be operated at a gas pressure of greater than 60 pounds per square inch (psi), or greater than six inches in diameter and proposed to be operated at a pressure of more than 30 psi, shall be approved within 50 feet of any proposed residence on any residential lot shown on an approved tentative or final subdivision map. No residence shall be constructed within 50 feet of any existing pipeline that is greater than four inches in diameter and operated at a gas pressure of greater than 60 pounds per square inch (psi), or greater than six inches in diameter and operated at a pressure of more than 30 psi. For production pipelines, as opposed to consumer gas pipelines (which are subject to the gas franchise fee), the city may assess an easement charge for the use of city property for the pipeline location. Should the public works director determine that the placement of these pipelines are inconsistent with the public health, safety or welfare, the applicant shall provide alternative proposed pipeline routes including development setbacks from this alternative easement.
(Ord. 613 § 1 Exh. A, 2006)
A. 
The following noise performance standards are applicable to all drilling and gas operations within the city unless approved otherwise through the conditional use permit or master natural gas permit procedure. The noise levels caused by drilling, redrilling or operations shall be monitored on a complaint basis or periodically at the discretion of the CDD. The cost of such noise monitoring shall be borne by the operator conducting such drilling, redrilling or gas operations, except that the operator shall not bear the cost of noise monitoring in response to a complaint if the operator is found to be in compliance with the standard of the applicable permit and this chapter.
B. 
Sound Measurement.
1. 
Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter having a current Certificate of Calibration from a qualified testing laboratory.
2. 
The location selected for measuring exterior noise levels shall be at any point on the receiving property.
3. 
Except as specifically provided herein, interior noise measurements shall be measured at a point at least four feet from the wall nearest the affected area, with the windows in normal seasonal configuration.
C. 
Daily Gas Operations.
1. 
No person shall conduct any daily gas operations within the city in a manner that causes the exterior noise level at any point on the property line of any receiving occupied permanent dwelling to exceed 50 dBA between the hours of seven a.m. and seven p.m. and 45 dBA between the hours of seven p.m. and seven a.m.
2. 
In the event that permanent dwellings are constructed in proximity to gas wells that are drilled and operating at the time that the surface developer receives its building permit for such permanent dwellings, the surface developers shall be required to retrofit, or pay for the retrofitting of, such existing wells with noise reduction technology as necessary to reduce the exterior noise level of such existing wells to the level require by subsection 13.12.080(C)(1).
D. 
Drilling Operations.
1. 
No person shall conduct drilling or reworking activities within the city that cause the exterior noise level at any point on the property line of any receiving occupied permanent dwelling to exceed 65 dBA.
2. 
Gas operators shall use the best available technology to further reduce exterior noise levels resulting from drilling or reworking activities to the greatest extent possible, with a goal of reducing exterior noise levels to 60 dBA from the hours of seven a.m. to seven p.m. and, for drilling, 55 dBA from the hours of seven p.m. to seven a.m. The noise reduction program proposed by the gas operator shall be subject to approval by the CDD.
3. 
No reworking activities shall be permitted between the hours of seven p.m. and seven a.m.
4. 
No person shall conduct any drilling between the hours of seven p.m. and seven a.m. that results in a noise level of more than 75 dBA at the property line of any receiving occupied dwelling for any period of time, no matter how short. This provision constitutes an absolute noise limitation on drilling between the hours of seven p.m. and seven a.m.
5. 
For the duration of any drilling or reworking activities, the gas operator shall, at its sole cost, locate sound level meters at the property line of the closest receiving occupied dwelling. Such sound level meters shall monitor the noise level at all times during the drilling or reworking activities.
E. 
The city shall require that all houses to be constructed within 150 feet of the boundary of the setback area for an existing well or within 150 feet of the boundary of the setback area for a well, wellsite or drilling envelope, as designated on an existing subdivision map shall be constructed in a manner that will achieve interior noise levels, as measured with the windows closed, of 30 dBA in bedrooms and 35 dBA in other rooms within the structure, assuming an exterior noise level of 65 dBA at the residential property line nearest the well site.
F. 
For permanent dwellings for which building permits have been issued as of September 15, 2005, if the drilling or reworking satisfies the exterior noise requirements as set forth in this section, but cause the interior noise level in such existing permanent dwellings to exceed 30 dBA in bedrooms or 35 dBA in other rooms, the gas operator shall, at its sole cost, provide temporary noise attenuating materials for the dwelling, or relocate the occupants of the affected permanent dwellings to like or superior accommodations until such drilling or reworking is complete. If the occupants of an affected permanent dwelling will not permit the operator to provide noise attenuating materials for the permanent dwellings and will not agree to be temporarily relocated, then the gas operator may proceed with the drilling or reworking without meeting the interior noise standard for that specific dwelling. Proof of such unwillingness to agree to a relocation shall be provided to the satisfaction of the CDD prior to commencement of the drilling or reworking activity.
G. 
Fracturing. Appropriate noise levels for fracturing shall be established through the permitting process, and all necessary noise limitations and mitigations shall be established as conditions of any permit issued for fracturing.
H. 
Ambient Noise Levels. If the ambient noise level, measured by the L90 convention in accordance with recognized measurement procedures, exceeds that permitted by any of the noise level categories specified in this section, the allowable noise limit may be adjusted to five dBA above the ambient noise level, except that in no case will the allowable noise limit be increased by more than 10 dBA and shall not exceed the maximum noise level specified in subsection 13.12.080(D)(4).
I. 
Noise Measurement. Allowable noise levels specified in this Section 13.12.080 are the average or equivalent noise values that are recorded over a one hour time period (the dBA Leq(hr) value of noise measurement conventions), except that the noise limit set forth in subsection 13.12.080(D)(4), which establishes the maximum allowable noise level, no mater how short its duration (the dBA Lmax value of noise measurement conventions).
J. 
Stop Work Order.
1. 
Whenever any gas operations exceed the noise limits established by this section, and the CDD believes that such noise limit exceedances are likely to continue or recur, the CDD may order such gas operations stopped by serving written notice of such violation on any persons engaged in, doing, or causing such work to be done. Any such person shall stop such work until authorized by the CDD to proceed with the work. If there are no persons present at the well site, the notice shall be posted in a conspicuous place. The notice shall state the nature of the violation. Any person violating a stop work order shall be guilty of an infraction.
2. 
Upon receipt of or knowledge of the existence of such stop work notice, the gas operator shall:
a. 
Stop work immediately, or as soon as it is safe to stop work as determined by the gas operator and CDD;
b. 
Within 24 hours, provide the CDD with a list of remedies which can be immediately undertaken to bring the gas operations in compliance with this section; and
c. 
Within 24 hours after acceptance of such remedies by the CDD, commence, at the gas operator's expense, such action as is necessary to bring the gas operations into compliance with this section. Such action shall be completed by the gas operator as soon as feasible.
(Ord. 613 § 1 Exh. A, 2006)
A. 
Immediately following the drilling of a well, and at all times while a well is in production, the well, any sump or sump holes and any structures or equipment utilized in the drilling or operation of the well shall be enclosed by a permanent fence at least six feet in height that is constructed in a manner consistent with the fencing requirements set forth in subsection 13.12.070(C) of this chapter and the requirements established by the Division of Oil, Gas and Geothermal Resources, and shall be locked at all times unless authorized personnel are present.
B. 
The aesthetic standards for landscaping and fencing of the well site shall be determined pursuant to 13.12.090(C) as part of the process of considering the permit for well operations, and appropriate fencing and landscaping requirements shall be a condition of approval of the applicable permit.
C. 
The applicable permit shall require that, for wells drilled within 500 feet of five or more existing permanent dwellings, the gas operator shall be required to fence and landscape the well site after drilling in a manner consistent with the surrounding development, at the gas operator's cost. The gas operator shall additionally, at its sole cost, return any setback area to the same condition as it existed prior to the drilling of the well. For wells drilled in areas that are not within (500) feet of five or more existing permanent dwellings, the gas operator shall be required to fence the well site in a manner consistent with subsection 13.12.090(C) and the requirements established by the Division of Oil, Gas and Geothermal Resources. In the event that the area within 500 feet of a then-existing well is developed for residential use, the applicable developer or developers shall be required to replace, at developer's cost, the fencing surrounding the well site and landscape any setback areas in a manner consistent with the surrounding development, as determined by the CDD. Such requirements shall be made a condition of approval of the applicable permit or development approval. The gas operator shall cooperate with the developer in replacing such fencing by allowing developer's contractors access to the well site for the purpose of replacing the permanent fencing, subject to the gas operator's approval of installation schedule and methods, not to be unreasonably withheld.
D. 
Each well site shall at all times be kept reasonably free of debris, pools of water or other liquids, weeds, brush and trash and all facilities shall be maintained in good repair and in accordance with all applicable laws and regulations.
E. 
A sign having a surface area of approximately two square feet and no more than six square feet bearing the current names and numbers of all wells located on the well site and the name or insignia of the operator shall be displayed at the well site at all times from the commencement of drilling operations until the well is abandoned.
(Ord. 613 § 1 Exh. A, 2006)
It shall be the city's preference that well sites be configured in a manner so as to designate a drilling envelope of up to 2,500 square feet. The gas operator shall be able to drill and operate wells within any location in the drilling envelope, and the setback requirements as set forth in Section 13.12.070 shall be measured from the boundary of the drilling envelope. The city may require the provision of a drilling envelope of up to 2,500 square feet, to the extent that such a drilling envelope is practicable, as part of the conditional or master natural gas permitting process.
(Ord. 613 § 1 Exh. A, 2006)
A. 
An application for a natural gas permit pursuant to either Section 13.12.030, 13.12.040 or 13.12.050 of this chapter shall include the following:
1. 
Name and address of the applicant;
2. 
Name(s) and address(es) of the drillsite surface property owner(s);
3. 
Assessor's parcel number(s) of the proposed drillsite or the property that contains the proposed drillsite;
4. 
Legal description of the drillsite;
5. 
A gas development plan drawn at the scale specified by the CDD, which includes the following information:
a. 
Topography and proposed grading,
b. 
Location of all proposed well holes and related accessory equipment, structures, and facilities to be installed on the property and any existing and abandoned wells on the drillsite if such are known to exist,
c. 
Location of all existing dwellings, buildings used for other purposes, airport runways, operating railways, perennial watercourses, navigable bodies of water, public recreational facilities, and officially recognized wildlife preserves, located within 300 feet of the proposed wells, identification of the use of each structure, and distances between proposed wells and each existing feature,
d. 
North arrow;
6. 
Narrative description of the proposed natural gas development, including:
a. 
Acreage or square footage of the drillsite,
b. 
Nature of the natural gas development activity,
c. 
Description of equipment to be used,
d. 
Phasing or development schedule;
7. 
A general location map and an aerial photograph showing the surrounding community;
8. 
An agreement by the applicant holding the city and its officers and employees harmless from any damages or losses arising out of or resulting from the applicant's operation under any natural gas permit; provided that nothing herein shall be deemed to protect the city, its officers and employees from the liability or consequences arising out of their own active negligence or willful misconduct;
9. 
The name and address of applicant's designated agent for service of notices, orders and process in the state of California. Permittee has the continuing obligation to notify the CDD promptly of any change in this information;
10. 
A statement, signed by the applicant, that applicant has the legal right to make the application and to conduct the activities to be covered thereby;
11. 
Such other information as may be requested by the CDD or the commission to enable the CDD and the commission to determine whether or not the proposed gas operations satisfy said findings and any other requirement in this chapter.
B. 
An application for a natural gas permit pursuant to Section 13.12.040 or 13.12.050 of this chapter shall also include information and an explanation showing how the proposed natural gas development would satisfy the required findings set forth in subsection 13.12.060(B).
C. 
The council by resolution may establish reasonable natural gas permit application fees. The required application fees shall accompany all submitted natural gas permit applications.
D. 
The CDD shall develop and make available a natural gas permit application form for use by applicants.
(Ord. 613 § 1 Exh. A, 2006)
If the CDD believes that a permittee has not substantially complied with the conditions and standards of its natural gas permit, he or she shall give the permittee 30 days notice of a hearing before the commission on whether the permit should be revoked following the procedures of subsection 17.66.070(G)(1). After conclusion of the hearing, the commission may revoke the permit if there is substantial evidence in the record to show that the permittee has indeed not substantially complied with the terms of the permit or has failed to cure its substantial noncompliance prior to the hearing. The commission's decision may be appealed to the council pursuant to the procedures set forth in Section 17.66.080.
(Ord. 613 § 1 Exh. A, 2006)
A. 
Nonconforming gas operations, wells, accessory facilities or uses may be continued and maintained provided there is no physical change other than remedial work.
B. 
Any remedial work performed on a nonconforming well shall not require a new permit, provided that the remedial work shall comply with all standards set forth in Sections 13.12.070 and 13.12.080, and all applicable laws, regulations and other standards or requirements of the state of California applicable to the well. In the event that the well cannot meet such requirements, the operator may apply for a variance to conduct the rework in accordance with Section 13.12.190, which may or may not be granted at the sole discretion of the planning commission or city council on appeal.
C. 
Nonconforming gas operations, wells, accessory facilities or uses shall not be significantly enlarged in area, space or height.
D. 
An abandoned nonconforming gas well shall not again be used for nonconforming gas operations.
E. 
In the event that a nonconforming gas operation, well, accessory facility or use fails to comply with all applicable laws, regulations and other standards or requirements established by the state of California, the operation, well, accessory facility or use shall lose its nonconforming status.
F. 
Any nonconforming gas operation, well, accessory facility or use may be reconstructed, repaired, or rebuilt as a nonconforming use when damaged by fire, earthquake, explosion, or act of God if the reconstruction and repair expense does not exceed 150% of the actual cash value of the gas operation assets at the time such damage occurred, and provided there is no expansion of the total surface area used by gas operations from that which existed before the damage. All reconstruction shall be completed within one year from the date of damage.
G. 
An existing well located on property annexed by the city shall, upon payment to the city clerk of a reasonable annexation fee established by resolution of the city council, be deemed to be a nonconforming gas operation governed by this section.
H. 
Where there is doubt regarding the legal nonconforming status of gas operations, wells, accessory facilities or uses, on request of the CDD, the owner or operator shall submit documentation to establish its legal nonconforming status. Within 30 days of receipt of documentation regarding legal nonconforming status, the CDD shall determine in writing and so notify the owner or operator whether the documentation is complete, or whether additional documentation is necessary to determine whether the operations at issue are legally nonconforming. If the CDD fails to make such written determination within 30 days after receipt of the documentation, then the documentation shall be deemed complete. In the event that the CDD determines that additional documentation is necessary, the CDD shall provide the operator with a detailed written description of the additional documentation needed to make a determination as to legal nonconforming status. Within 30 days after the CDD determines the documentation to be complete, the CDD shall make a determination regarding the legal nonconforming status of the operations at issue. If the CDD fails to make a determination within 30 days following a determination that the documentation received is complete, the operations, wells, accessory facilities or uses at issue shall be deemed a legal nonconforming use.
(Ord. 613 § 1 Exh. A, 2006)
A. 
Gas operators shall provide written notification to the CDD and all residences and businesses located within 500 feet of the outer boundary of the well site not less than 30 days prior to conducting any remedial work on an existing well that will exceed the noise standards established herein for daily gas operations. Such notification shall include a narrative description of the remedial work to be conducted, the hours of the day and anticipated length of time during which the work will be conducted, and a narrative description or map indicating any areas that will be fenced off during such operations. If the CDD believes that proposed work is inconsistent with the permit for the subject well or compromises the well's status as a nonconforming well under Section 13.12.130, the CDD shall notify the gas operator in writing at least 15 days prior to commencement of the remedial work of the CDD's position. If the gas operator proceeds with the proposed work after receipt of the CDD's notice, the CDD may initiate a permit revocation hearing pursuant to Section 13.12.120 or a review of the subject well's legal nonconforming status pursuant to subsection 13.12.130(H). Additionally, for any remedial work where the state regulations require that the operator provide "written notice of intention" to the Division of Oil, Gas and Geothermal Resources and obtain approval from the Division prior to commencement of the work, a copy of the "written notice of intention" will be provided to the CDD at the time of its filing and a copy of the Division's approval shall be provided to the CDD upon receipt of said approval by the operator.
B. 
In the event that a well requires emergency remedial work necessary to protect the public health, safety or welfare, the operator shall not be required to comply with the notification provisions set forth in subsection 13.12.140(A), provided, however, that the gas operator shall provide the notification described in subsection 13.12.140(A) as soon as reasonably practicable after such work is completed.
(Ord. 613 § 1 Exh. A, 2006)
The exploration for natural gas by means other than drilling shall require the filing of an application for and the approval by the CDD of an exploration permit under ministerial review. The conditions which must be met in order to have an exploration permit granted are as follows:
A. 
The CDD must be furnished with a detailed description of the project including but not limited to a map of the affected area; and
B. 
Proof to the satisfaction of the CDD that any such testing that has a reasonable potential to damage or disrupt public utilities will not take place within 100 feet of any existing underground utilities;
C. 
The applicant shall obtain any necessary encroachment permits and pay all applicable fees if the exploration is to take place on city property;
D. 
The applicant has complied with all other applicable local, state and/or federal regulations and/or laws.
(Ord. 613 § 1 Exh. A, 2006)
Nothing in a permit issued pursuant to Section 13.12.030, 13.12.040 or 13.12.050 of this chapter shall be deemed to affect in any way the responsibility or liability of the city to third persons while the city is acting in its governmental capacity. Permittee shall give prompt notice to the city of any and all accidents occurring on the permit premises or on city property or other public property and arising out of or incident to any operation under the permit.
(Ord. 613 § 1 Exh. A, 2006)
If there is a change of operator for a gas operation covered by a permit under this chapter, the new operator shall submit proposed insurance and bonding documentation which complies with this chapter. The CDD shall accept or reject the proposed insurance and bonding documentation within 30 days of receiving the proposed insurance and bonds documentation. If the CDD rejects either the proposed bond or insurance, the CDD shall provide a detailed explanation of why they do not satisfy the requirements of this chapter. If the CDD fails to accept or reject the proposed insurance and bond documentation within 30 days of receipt, the bonds and insurance shall be deemed to be in compliance with this chapter. Upon approval of the bond and insurance documentation, the permit shall transfer to the new operator.
(Ord. 613 § 1 Exh. A, 2006)
No injection well may be drilled or operated, and no operations and related equipment, accessory use or facility may be installed anywhere within the city.
(Ord. 613 § 1 Exh. A, 2006)
A. 
The commission shall have the power to grant variances from the terms of this chapter subject to an appeal to the council by any person or persons affected by the variance.
B. 
Variance from the terms of this chapter may be granted only when the following findings are met:
1. 
Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this chapter is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity pursuant to this chapter.
2. 
Granting of the variance will not jeopardize the public health, safety or welfare, or conflict with the goals and purposes of this chapter.
C. 
In approving any variance, the commission, or the council on appeal, may impose any reasonable conditions necessary to:
1. 
Implement the city general plan;
2. 
Achieve the goals and purposes of this chapter;
3. 
Protect the public health, safety and general welfare; and
4. 
Ensure operation and maintenance of the well site in a manner compatible with existing and potential uses on adjoining property and the surrounding area.
D. 
Applications for variances under this section shall be processed in accordance with the procedures set forth in Section 17.66.060(D)—(I) of the Rio Vista Municipal Code.
(Ord. 613 § 1 Exh. A, 2006)
Any determination of the CDD or commission made pursuant to this chapter may be appealed in accordance with the procedures set forth in Section 17.66.080 of the Rio Vista Municipal Code.
(Ord. 613 § 1 Exh. A, 2006)
Violations of this chapter shall be an infraction punishable by a fine not exceeding $1,000. Every day that any violation of this chapter shall continue, and each successive violation hereof, shall constitute a separate violation.
(Ord. 613 § 1 Exh. A, 2006)