§ 21.08.050 GRANTING OR DENIAL OF PERMIT.
   After the conclusion of the public hearing, the City Council may take such action as it deems proper. If the City Council grants the permit, it may do so upon such terms and conditions as it deems proper, but no permit shall be granted without the following standard conditions being required and made a part or condition of such permit:
   (A)   Drilling operations for any well shall commence within 180 days from the effective date of the permit, unless such time is extended by the City Council.
   (B)   All drilling shall be done by means of a steel derrick enclosed with fireproofed and sound-proofed 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.
   (C)   Within 90 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. No permanent derrick shall be installed or maintained on any controlled drilling site or used for the drilling or production of any oil or gas well.
   (D)   During the temporary testing period following the completion of any well, which period shall not exceed 60 days, internal combustion engines may be used to power pumping units. All internal combustion engines shall be equipped with such types of mufflers as may be satisfactory to the City Council. Thereafter, all pumping equipment shall be operated by electric motors.
   (E)   No person shall use any open sump or reservoir within the city for the purpose of storing, holding or handling oil or liquid hydrocarbons, rotary mud, drill cuttings and oilfield wastes, derived or resulting from or connected with the drilling, produc-tion, use, operation or maintenance of any oil and gas well. All of the substances and similar products shall be collected, and stored in steel tanks or other closed receptors as may be required in any permit and which shall not extend more than five feet above ground level. Tanks for waste materials, drill cutting, rotary mud and waste materials shall be removed from the controlled drilling site upon completion of drilling operations. Mud and cuttings, while being circulated, shaken or recirculated, in connection with the drilling temporary geological exploratory core holes, need not be kept in closed receptors.
   (F)   Applicants shall comply with all the provisions of this code, ordinances, rules and regulations of the city and all laws of the state with respect to disposal of waste materials and air pollution.
   (G)   All drilling and production equipment installed or operated upon any controlled drilling 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 and silencers shall ever be permitted to result from operations on any controlled drilling site to the injury or annoyance of persons in the vicinity of such controlled drilling 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 drilling site which causes noise or vibra-tion, shall at all times be subject to the approval of the City Council, and the City Council may amend any permit and require the permittee to abate any noise or vibration which constitutes a nuisance and is detrimental to the citizens in the vicinity where such equipment is being operated.
   (H)   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 drilling site and unloaded only between the hours of 8 a.m. and 6 p.m. During the testing of any well, which shall not exceed a period of 60 days after the completion thereof, oil may be trucked from the drilling site, provided such trucking is done between the hours of 8 a.m. and 6 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 60 days and work thereon diligently prosecuted until such pipeline is completed in order to eliminate the trucking of oil. All oil and gas shall be shipped and transported through pipelines when completed. All pipelines outside of the drill site shall be laid to a depth of at least three feet below the surface of the ground where existing structures permit.
   (I)   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 code, or any ordinances or regulations of this city.
   (J)   Well abandonment shall be in accordance with requirements of the state division of oil and gas. Upon such abandonment applicant 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.
   (K)   When required by the City 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 applicant or the permittee whom the City Council may require to carry out the provisions of the permit.
   (L)   After any oil or gas well has been placed on production, the site thereof shall be adequately landscaped and screened, either with shrubbery, masonry or concrete wall, or their equal, so that the same shall not be unsightly nor hazardous. After any oil and gas well is placed on production, all equip-ment with moving parts in use at such well shall be securely enclosed by an adequate type of fence or approved wire screen or housing, sufficient to prevent the entry of persons thereto. Such protections shall be subject to the approval of the Superintendent of Building of this city. Any gates thereto shall be securely fastened at all times, except when authorized personnel are in attendance at such well. All tanks and other equipment shall be depressed so that the top of any tank or other equipment or appurtenances shall not extend more than five feet above the surface of the site, unless otherwise permitted by the City Council. Any wall around storage tanks shall be painted a neutral color to blend with the surroundings. Tanks holding liquid hydrocarbons shall have an enclosing dike to confine contents in the event of an accidentally ruptured tank. Such dikes shall be constructed of earth or concrete.
   (M)   Oil produced from the wells may be stored in steel tanks on the site. Unless otherwise permitted by the City Council, the total amount of storage for production, recycling and all storage and operational purposes shall not exceed two tanks each of 1,000 barrels capacity.
   (N)   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 condition.
   (O)   Within 60 days after any oil and gas well is placed on production, the applicant or permittee shall file with the City Clerk a copy of the complete record of any oil and gas well, which record shall be the same as that filed with the division of oil and gas of the state. The City Council may require a map or plat showing the location of the producing interval and the route of the well hole between the production interval and the controlled drilling site shall be furnished to the city. All records submitted pursuant to this division shall be confidential and privileged.
   (P)   All fire fighting equipment as required and approved by the Chief of the Fire Department shall be installed and maintained on the controlled drilling site at all times during the drilling and production operations.
   (Q)   All well holes and oil and gas wells passing through, or bottomed in or under residential real property in the city, which wells are drilled from controlled drilling sites outside the city shall be below a depth of 500 feet upon entering real property within the city. All oil and gas wells or well holes drilled from a controlled drilling site within the city shall be at least 500 feet below the surface of the controlled drilling site when such well hole or well leaves or goes outside the boundaries of the controlled drilling site.
   (R)   The Superintendent of Building shall have the primary responsibility of enforcement of the provisions of this title. When appropriate, he shall consult with other city departments. Any and all interested city officials shall be permitted at all reasonable times to review and inspect the controlled drilling site and any operations or methods used in the drilling for and producing of oil and gas.
   (S)   The City 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 road is damaged by permittee's operations, then such damage shall be paid 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 ground for the revocation of the permit or the collection of such damage at law by the city.
   (T)   The permit shall become null and void unless accepted by the applicant in its entirety in writing, filed with the City Clerk within 30 days from the date of the permit, and no work on the drill site shall be commenced until such permit is accepted.
   (U)   The operation of any oil and gas well and production therefrom drilled pursuant to a permit shall be in accordance with the rules and regulations of the state division of oil and gas or any successor agent or body thereto.
('86 Code, § 21.08.050) (Ord. 3115, passed - - )