A. Permit requirements. A well abandonment and restoration permit shall be required for all properties in the city where a well abandonment permit is required whether or not the property is to be developed following the abandonment, or if development is proposed on a property with abandoned wells and a well abandonment report is not required pursuant to Section
16.24.060. The permit shall be issued following approval of the prerequisites to site plan and design review pursuant to Section
16.24.020.
B. Restoration requirements. A well shall be considered properly abandoned for purposes of this chapter after restoration of the drill site or oil operation site and subsurface thereof to its original condition, as nearly as practical, and in conformity with the following requirements:
1. A copy of the abandonment plan submitted to DOGGR and DOGGR and authorization to abandon, reabandon or remediate the well is provided;
2. All equipment and surface installations used in connection with the well which are not necessary as determined by the Oil Services Coordinator for the operation or maintenance of other wells of operator or permittee on the drill or operation site shall be removed from the premises;
3. The premises, all sumps, cellars, and ditches which are not necessary for the operation or maintenance of other wells of operator or permittee on the site shall be cleaned out and all oil, oil residue, drilling fluid, and rubbish shall be removed or bioremediated to reduce hydrocarbons to standards acceptable to federal, state, or local agencies. All sumps, cellars, and ditches shall be leveled or filled. Where such sumps, cellars, and ditches are lined with concrete, permittee or operator shall cause the walls and bottoms to be broken up and all concrete shall be removed;
4. The premises shall be cleaned and graded and left in a clean and neat condition free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, and debris and any facilities to remain shall be painted and maintained reasonably free of rust, oil, or stains, to the satisfaction of the Oil Services Coordinator;
5. NPDES standards for stormwater run-off and dust and erosion mitigation measures shall be complied with, to the satisfaction of the City Engineer and the Oil Services Coordinator; and
6. All public streets, alleys, sidewalks, curbs and gutters, and other places constituting public property which may have been disturbed or damaged in connection with any operation, including operations for the abandonment of the well, shall be cleaned, and, except for ordinary wear and tear, shall be repaired and restored to substantially the same condition thereof as the same existed at the time of issuance of the permit, or at the time operations were first commenced in connection with the drilling, operation, or maintenance of the well.
C. CC&Rs. Prior to issuance of any certificate of occupancy for developments constructed over abandoned wells, or for abandoned wells marked “no access” pursuant to Section
16.24.050(B), the property owner shall record a declaration of covenants, conditions and restrictions (CC&Rs), in a form subject to the review and approval of the City Attorney, putting future owners and occupants on notice of the following: the existence of abandoned wells on the site; that the wells within the area of development have been leak tested and found not to leak; description of any methane mitigation measures employed; disclosure that access to these wells has been provided to address the fact that they may leak in the future causing potential harm; acknowledgment that the state may order the reabandonment of any well should it leak in the future; acknowledgment that the state does not recommend building over wells; and releasing and indemnifying the city for issuing project permits.
D. DOGGR authority. Nothing herein is intended to displace any authority of DOGGR under Chapters 2, 3 and 4 of Division 2 of Title 14 of the California Code of Regulations or set aside or annul any action of DOGGR pursuant to its authority. However, these provisions shall control the development of property where DOGGR merely makes advisory recommendations beyond the agency’s statutory authority.
E. Grandfathering. This section shall not apply to any project which has been approved by the city or its constituent boards, commissions or officials prior to the date of the adoption of this section, so long as such approvals remain valid. The required approvals include a valid approval from DOGGR, but if such approvals have expired, the project shall be governed by this section. Any application for discretionary land use development entitlements under
Chapter 20.52 of the Municipal Code which is being processed shall be subject to the requirements hereof.
