§ 8175-5.7.8. Oil development and operational standards.

The following are minimum standards and requirements, which shall be applied pursuant to Section 8175-5.7.2. More restrictive requirements may be imposed on a project through the conditions of the permit.

(a)

Setbacks. Wells shall be located a minimum of eight hundred (800) feet from an occupied sensitive use. Private access roads to drill sites shall be located a minimum of three hundred (300) feet from occupied sensitive uses, unless a waiver is signed pursuant to subsection (x) In addition, no well shall be drilled and no equipment or facilities shall be permanently located within:

(1)

One hundred (100) feet of any dedicated public street, highway or nearest rail of a railway being used as such, unless the new well is located on an existing drill site and the new well would not present a safety or right-of-way problem. If aesthetics is a problem, then the permit must be conditioned to mitigate the problem.

(2)

Five hundred (500) feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed pursuant to subsection (x), allowing the setback to be reduced. In no case shall the well be located less than one hundred (100) feet from said structures.

(3)

Eight hundred (800) feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to subsection (x), allowing the setback to be reduced. In no case shall the well be located less than three hundred (300) feet from said structures.

(4)

Three hundred (300) feet from the edge of the existing banks of "Red Line" channels as established by the County Flood Control District (VCFCD) and one hundred (100) feet from the existing banks of all other channels appearing on the most current United States Geological Service (USGS) two thousand (2,000) foot scale topographic map as a blue line. These setbacks shall prevail unless the permittee can demonstrate to the satisfaction of the Public Works Agency that the subject use can be safely located nearer the stream or channel in question without posing an undue risk of water pollution, damage to wildlife and habitat, or impairment of flood control interests. In no case shall setbacks from streams or channels be less than fifty (50) feet. All drill sites located within the one hundred (100) year flood plain shall be protected from flooding in accordance with Flood Control District requirements.

(5)

The applicable setbacks for accessory structures for the zone in which the use is located.

(6)

100 feet from any marsh, small wash, intermittent lake, intermittent stream, spring or perennial stream appearing on the most current USGS two thousand (2,000) foot scale topographic map, unless a qualified biologist, approved by the County, determines that there are no significant biological resources present or that this standard setback should be adjusted.

(b)

Obstruction of Drainage Courses. Drill sites and access roads shall not obstruct natural drainage courses. Diverting or channeling such drainage courses may be permitted only with the authorization of the Public Works Agency.

(c)

Removal of Equipment. All equipment used for drilling, redrilling, and maintenance work on approved wells shall be removed from the site within thirty (30) days of the completion of such work unless a time extension is approved by the Planning Director.

(d)

Waste Handling and Containment of Contaminants. Oil, produced water, drilling fluids, cuttings, and other contaminants associated with the drilling, production, storage, and transport of oil shall be contained on the site unless properly transported off-site or injected Into a well, treated or re-used in an approved manner on-site or, if allowed, off-site. Appropriate permits, permit modifications or approvals must be secured when necessary, prior to treatment or re-use of oil field waste materials. The permittee shall furnish the Planning Director with a plan for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with the requirements of the County, State and Federal Government.

(e)

Securities. Prior to the commencement or continuance of drilling or other uses on an existing permit, the permittee shall file, in a form acceptable to the County Counsel and certified by the County Clerk, a bond or other security in the penal amount of not less than ten thousand dollars ($10,000.00) for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, redrilled, produced or maintained, file a security in the penal amount of not less than ten thousand dollars ($10,000.00) to cover all operations conducted in the County, a political subdivision of the State of California, conditioned upon the permittee well and truly obeying, fulfilling and performing each and every term and provision of the permit. In cases of any failure by the permittee to perform or comply with any term or provision thereof, the Planning Commission may, after notice to the permittee and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the County. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, or for expense or liability suffered by the County from any breach by the permittee of any term or condition of said permit or of any applicable ordinance or of this security. No security shall be exonerated until after all of the applicable conditions of the permit have been met.

(f)

Dust Prevention and Road Maintenance. The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the County and maintained as necessary to prevent the emanation of dust. Access roads shall be designed and maintained so as to minimize erosion, prevent the deterioration of vegetation and crops, and ensure adequate levels of safety. The permittee shall treat unpaved access roads by either oiling and chipping, or use of an APCD-approved chemical dust palliative (such as Dust-Off — MgCl ₂ ) or use of other APCD-approved mechanisms.

(g)

Light Emanation. Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses. Lighting shall be kept to a minimum to maintain normal nighttime light levels in the area, but not inhibit adequate and safe working light levels. The location of all flood lights and an outline of the illuminated area shall be shown on the landscape plan, if required, or on the requisite plot plan.

(h)

Reporting of Accidents. The permittee shall immediately notify the Planning Director, the Fire Department and all other applicable agencies in the event of fires, spills, or hazardous conditions not incidental to the normal operations at the permit site. Upon request of any County Agency, the permittee shall provide a written report of any incident within seven (7) calendar days that shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident.

(i)

Painting. Drill sites and production facilities shall be located so that they are not readily seen. All permanent facilities, structures, and aboveground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Planning Director prior to the painting of facilities.

(j)

Site Maintenance. The permit area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris, pools of oil, water, or other liquids, weeds, brush, and trash. Equipment and materials used for the operation and maintenance of the oil well located at the site may be stored on site. If the well has been suspended, idled or shut-in for thirty (30) days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within ninety (90) days.

(k)

Site Restoration. Within ninety (90) days of revocation, expiration, surrender of any permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is practicable, unless otherwise requested by the landowner.

(l)

Insurance. The permittee shall maintain, for the life of the permit, liability insurance of not less than five hundred thousand dollars ($500,000.00) for one (1) person and one million dollars ($1,000,000.00) for all persons and two million dollars ($2,000,000.00) for property damage. This requirement does not preclude the permittee from being self-insured.

(m)

Noise Standard. Unless herein exempted, drilling, production, and maintenance operations associated with an approved oil permit shall not produce noise, measured at a point outside of occupied sensitive uses such as residences, schools, health care facilities, or places of public assembly, that exceeds the following standard or any other more restrictive standard that may be established as a condition of a specific permit. Noise from the subject project shall be considered in excess of the standard when the average sound level, measured over one (1) hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the permit in question.

Nomenclature and noise level descriptor definitions are in accordance with the County General Plan Goals, Policies and Programs and the County General Plan Hazards Appendix. Measurement procedures shall be in accordance with the County General Plan Goals, Policies and Programs, and General Plan Hazards Appendix.

The maximum allowable average sound level is as follows:

Average Noise Levels (LEO)
Time Period	Drilling and Maintenance Phase	Production Phase
Day (6:00 a.m. to 7:00 p.m.)	55 dBA	45 dBA
Evening (7:00 p.m. to 10:00 p.m.)	50 dBA	40 dBA
Night (10:00 p.m. to 6:00 a.m.)	45 dBA	40 dBA

 

For purposes of this Section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase."

(n)

Exceptions to Noise Standards. The noise standards established pursuant to subsection (m) shall not be exceeded unless covered under any of the following provisions:

(1)

Where the ambient noise levels (excluding the subject facility) exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels plus three (3) dB(A).

(2)

Where the owners/occupants of sensitive uses have signed a waiver pursuant to subsection (x) indicating that they are aware that drilling and production operations could exceed the allowable noise standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners/occupants did not sign such a waiver.

(o)

Compliance with Noise Standard. When a permittee has been notified by the Planning Division that his operation is in violation of the applicable noise standard, the permittee shall correct the problem as soon as possible in coordination with the Planning Division. In the interim, operations may continue; however, the operator shall attempt to minimize the total noise generated at the site by limiting, whenever possible, such activities as the following:

(1)

Hammering on pipe;

(2)

Racking or making-up of pipe;

(3)

Acceleration and deceleration of engines or motors;

(4)

Drilling assembly rotational speeds that cause more noise than necessary and could reasonably be reduced by use of a slower rotational speed;

(5)

Picking up or laying down drill pipe, casing, tubing or rods into or out of the drill hole.

If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Planning Director upon the advice of the DOGGR, shall be suspended until the problem is corrected.

(p)

Preventive Noise Insulation. If drilling, redrilling, or maintenance operations, such as pulling pipe or pumps, are located within one thousand six hundred (1,600) feet of an occupied sensitive use, the work platform, engine base and draw works, crown block, power sources, pipe rack, and other probable noise sources associated with a drilling or maintenance operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the permit. Such soundproofing shall be installed prior to the commencement of drilling or maintenance activities, and shall include any or all of the following: acoustical blanket, coverings, soundwalls, or other soundproofing materials or methods that ensure that operations meet the applicable noise standard. The requirements may be waived by the Planning Commission if the permittee can demonstrate that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to subsection (x).

(q)

Waiver of Preventative Noise Insulation. The applicant may have a noise study prepared by a qualified acoustical consultant, approved by the County. If the findings of the study conclude that the proposed project will meet the County noise standards contained in subsection (m) and do not constitute a nuisance, then the soundproofing requirement may be waived. If the findings show a noise level will be generated above and beyond the County standards, then soundproofing must be installed sufficient to meet the applicable noise standard. Where a waiver pursuant to subsection (x) is signed, no preventative noise insulation will be required.

(r)

Soundproofing Material. All acoustical blankets or panels used for required soundproofing shall be of fireproof materials and shall comply with California Industrial Safety Standards and shall be approved by the Ventura County Fire Protection District prior to installation.

(s)

Hours of Well Maintenance. All non-emergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within three thousand (3,000) feet of an occupied residence. This requirement may be waived by the Planning Director if the permittee can demonstrate that the applicable noise standards can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to subsection (x).

(t)

Limited Drilling Hours. All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than eight hundred (800) feet from an occupied sensitive use. Night time drilling shall be permitted if it can be demonstrated to the satisfaction of the Planning Director that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to subsection (x).

(u)

Signs. Signs shall comply with Section 8175-5.13 and the development standards per Section 8178-5.13.10.7 Identification Signs, Oil and Gas Development.

(v)

Fencing. All active well sites (except submersible pumps), sumps and/or drainage basins or any machinery in use or intended to be used at the well site or other associated facilities shall be securely fenced, if required, based on the Planning Director's determination that fencing is necessary due to the proximity of nearby businesses, residences, or other occupied sensitive uses. A single adequate fence that is compatible with surrounding area, may be used to enclose more than one (1) oil well or well site and appurtenances. Location of fences shall be shown on a submitted plot plan and/or landscape plan, if required. Fences must meet all DOGGR regulations.

(w)

Screening and Landscaping. All oil and gas production areas shall be landscaped so as to screen production equipment in a manner consistent with the natural character of the area, if required, based on the Planning Director's determination that landscaping is necessary. Required landscaping shall be implemented in accordance with a landscape and irrigation plan to be approved by the Planning Director or his/her designee after consultation with the property owner. The landscape plan shall be consistent with Section 8178-8, Water Efficient Landscaping Requirements, or Coastal Area Plan policies, whichever are more restrictive. This landscape plan shall include, but not be limited to, measures for adequate screening of producing wells and permanent equipment from view of public roads or dwellings, revegetation of all cut and fill banks, and the restoration of disturbed areas of the site not directly related to oil and gas production. Low water usage landscaping and use of native plants shall be encouraged.

(1)

Landscaping and Above-Ground Pipelines. Consideration shall also be given to above-ground pipelines that are part of the project. Landscape maintenance shall be subject to periodic inspection by the County, in accordance with Section 8178-8.9, Landscape Documentation Package Approval and Inspections.

(2)

Landscaping and Well Drill Pads.

i.

If wells are brought into production, the site shall be landscaped so as to screen production equipment from view from neighboring residences in a manner consistent with the natural character of the area.

ii.

The landscaping associated with the wells shall also be intended to provide screening from glare that may result from on-site facilities (e.g., tanks, buildings, other).

iii.

The permittee shall not install production equipment until the Planning Director has approved the landscaping plan and a Zoning Clearance has been issued.

iv.

At the expense of the permittee, the County, or a County approved landscape architect, shall determine whether the visual impacts of the production facilities have been screened from view. The timing and schedule for subsequent review shall be determined prior to the issuance of a Zoning Clearance for the production facilities.

(x)

Waivers. Where provisions exist for the waiver of an ordinance requirement, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements for the life of the waiver. Unless otherwise stated by the signatory, a waiver signed pursuant to Section 8175-5.7.7(n)(2) shall also be considered a waiver applicable to Sections 8175-5.7.7(p) and 8175-5.7.7(s) and (t).

(y)

Application of Sensitive Use Related Standards. The imposition of regulations on petroleum operations that are based on distances from occupied sensitive uses shall only apply to those occupied sensitive uses that were in existence at the time the permit for the subject oil operations was approved.

(z)

Inspection, Enforcement and Compatibility Review. To ensure that adequate funds are available for the legitimate and anticipated costs incurred for monitoring and enforcement activities associated with new or modified oil and gas related Conditional Use Permits, the permittee shall deposit with the County funds, determined on a case by case basis, prior to the issuance of a Zoning Clearance. The funds shall also cover the costs for any other necessary inspections or the resolution of confirmed violations that may occur. One (1) deposit may be made to cover all of the permittee's various permits. In addition, all new or modified Conditional Use Permits for oil and gas related uses shall, at the discretion of the Planning Director, be conditioned to require a compatibility review on a periodic basis. The purpose of the review is to determine whether the permit, as conditioned, has remained consistent with its findings for approval and if there are grounds for proceeding with public hearings concerning modification, suspension, or revocation of the permit.

(Rep. & Reen. Ord. 4249—11/20/01; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4492, § 3, 6-21-2016)