§ 117.129 REQUIREMENTS PRIOR TO NEW CONSTRUCTION.

   Prior to the issuance by the city of a building or grading permit for property upon which there are any active or abandoned wells, the applicant shall complete all of the following:

   (A)   Obtain a construction site well review from DOGGR.

   (B)   Conduct a soils gas study in accordance with § 117.131.

   (C)   Obtain a permit from the Fire Department to expose all former wells, survey their location and test each well for gas or fluid leaks under the supervision of an oil and gas professional authorized by the Fire Department. Conduct this leak test and submit results to the Fire Department.

   (D)   Provide a well access site map to the Planning Department for approval. The site map shall include all of the following:

      (1)   Detailed location of each well including the depth from ground level to the top of the well casing of each abandoned well in relation to finished grade.

      (2)   Demonstrate how vehicles and abandonment equipment will access each well from the public right-of-way.

      (3)   Demonstrate that adequate setbacks will be provided for setting up abandonment equipment around each well.

   (E)   Obtain a permit from the Fire Department for the installation of a vent cone and related equipment for all abandoned wells located below or in close proximity to the proposed new construction.

   (F)   Agree to implement all mitigation measures required by the Fire Chief including, but not limited to, installation and maintenance of methane barriers, vents/blowers, alarms and the like (collectively, "Methane Mitigation Systems").

   (G)   If applicant performs a leak test pursuant to § 117.129(C) and the test indicates the well is leaking, applicant shall abandon or reabandon the well pursuant to § 117.127.

   (H)   File an indemnity bond pursuant to Cal. Public Resources Code §§ 3204 or 3205.

   (I)   Execute and record against the property an environmental release and indemnity agreement providing that the property owner and his assignees, release, indemnify and hold harmless the city against any and all claims, obligations, and causes of action of any kind or nature whatsoever, known or unknown, for personal injury or death, property damage, economic loss, and fines and penalties. The City Attorney shall approve the form of the disclosure and indemnity agreement.

('64 Code, § 16-71) (Ord. 726, passed 12-22-87; Am. Ord. 1075, passed 8-25-16; Am. Ord. 1076, passed 9-8-16; Am. Ord. 1104, passed 8-8-19) Penalty, see § 10.97

Cross-reference:

   Misdemeanor offenses, see § 117.004