§ 117.130 ABANDONED WELLS THAT DO NOT MEET CURRENT DOGGR STANDARDS.
   If DOGGR determines that a well has not been abandoned to its current standards, the Director, in consultation with the Fire Chief, may conditionally authorize issuance of a building and/or grading permit for a property if the following conditions are met:
   (A)   The applicant meets the requirements of § 117.129(A) through (I). For construction over an abandoned well, § 117.129(D) may be waived by the Director in consultation with the Fire Chief.
   (B)   The applicant shall obtain, at his sole cost, a certified report from a California-licensed professional engineer or geologist qualified and experienced with oil well abandonment indicating that it is not reasonable or feasible for the applicant to do additional well abandonment work in order to meet current DOGGR abandonment standards. The engineer's or geologist's report shall:
      (1)   Demonstrate that, as abandoned, the well will not pose any significant risk to public health, safety, welfare or the environment.
      (2)   Demonstrate that (a) the well is a safe distance from any existing or proposed structures or improvements; and (b) in the event the Fire Department or DOGGR orders reabandonment of the well, the applicant has adequate access to the well. This requirement does not apply to construction over an abandoned well.
      (3)   Provide abandonment or mitigation measures that would be necessary to mitigate any long-term significant risks once the site is developed.
   (C)   The applicant agrees to implement all methane mitigation systems required by the Fire Chief. The Fire Chief, in conjunction with the Director, is authorized to obtain expert analysis in order to determine whether the conditions identified in § 117.130 have been met. The cost of such expert analysis shall be paid by the applicant.
(Ord. 1104, passed 8-8-19)
Cross-reference:
   Misdemeanor offenses, see § 117.004