HomeMy WebLinkAbout4094 1 Ordinance No. 4094
2 AN ORDINANCE OF THE COUNTY OF BUTTE
3 AMENDING CHAPTER 24, ENTITLED "ZONING, "
4 TO PROHIBIT THE STORAGE OR DISPOSAL OF
5 WELL STIMULATION ("FRACKING") BYPRODUCTS
6
7 The Board of Supervisors of the County of Butte ordains as
8 follows :
9 Section 1 . Findings . The Board finds and declares as follows :
10 (a) Well stimulation is a practice used in the oil
11 and natural gas extraction process that involves
12 treatment of a well to enhance oil and gas production by
13 increasing the permeability of an underground geologic
14 formation;
15 (b) Hydraulic fracturing, also known as "fracking, "
16 is a type of well stimulation treatment that involves
17 the high-pressure injection of hydraulic fracturing
18 fluids, which may include a mixture of water, sand or
19 chemicals, into an underground geological formation to
20 create fractures to increase flows to, and further the
21 production of oil and gas from, a well;
22 (c) Acid well stimulation treatment, or "acidizing, "
23 is another type of well stimulation treatment that uses,
24 in whole or in part, the application of one or more
25 acids into a well or an underground geologic formation,
26 at any pressure, to increase flows to, and further the
27 production of oil and gas from, a well;
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1 (d) Recent advances in drilling technology and
2 hydraulic fracturing have made it economically feasible
3 to extract oil and natural gas from shale and other
4 impermeable rock formations in areas that were formerly
5 economically infeasible;
6 (e) Well stimulation treatments and their byproducts
7 have garnered increased nationwide attention over the
8 past several years due to environmental concerns that
9 the storage or disposal of well stimulation byproducts
10 may contaminate groundwater supplies and increase
11 seismic activity;
12 (f) Even though companies performing hydraulic
13 fracturing have generally resisted the disclosure of the
14 specific contents of the fluids used in hydraulic
15 fracturing by claiming that the information is
16 proprietary in nature, hydraulic fracturing fluids have
17 been known to contain formaldehyde, benzyne, toluene,
18 and boric acids, among hundreds of other contaminants,
19 and many of the chemicals contained in hydraulic
20 fracturing fluids are listed under Proposition 65 and
21 are known to cause cancer;
22 (g) It is common practice to inject well stimulation
23 byproducts into underground wells for storage or
24 disposal following well stimulation treatments and the
25 chemicals and acids used in the well stimulation process
26 have been known to leach or migrate into surrounding
27 groundwater resulting in contamination and irreparable
2
1 harm to groundwater supplies;
2 (h) In July 2014, for example, the Division of Oil,
3 Gas, and Geothermal Resources ("DOGGR") issued orders to
4 seven oil production companies in Kern County to
5 immediately cease use of 11 injection wells used to
6 dispose of well stimulation byproducts to avoid
7 potential harm to groundwater aquifers because DOGGR
8 discovered that the injections appeared to intrude into
9 areas of protected groundwater;
10 (i) In addition, a 2011 audit by the Environmental
11 Protection Agency faulted DOGGR' s review of injection
12 wells used for the disposal of well stimulation
13 byproducts within California on the grounds that DOGGR
14 was too lenient regarding the type of water resources to
15 be protected, how wide a radius well operators must
16 study prior to injections, and how much pressure should
17 be applied when injecting well stimulation byproducts
18 into injection wells;
19 (j ) The County of Butte has a history of groundwater
20 contamination including the contamination of groundwater
21 in the Chico Urban Area by nitrate, which has adversely
22 affected approximately 30, 000 residents on 10, 000
23 parcels and has been established as a direct threat to
24 groundwater quality and public health; and the potential
25 contamination of groundwater in the Oroville Urban Area
26 by the Koppers Industries, Incorporated site, the
27 Louisiana Pacific Corporation' s Oroville facility, and
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1 the Western Pacific Railroad Company' s site, all located
2 south of the City of Oroville;
3 (k) There are currently 32 gas wells with an active
4 or idle status located in Butte County that could be
5 utilized for the storage or disposal of well stimulation
6 byproducts;
7 (1) The underground storage or disposal of well
8 stimulation byproducts in injection wells within Butte
9 County poses a threat to Butte County' s surface water,
10 groundwater and land due to potential leaching,
11 migration and well failures as well as by increasing the
12 risk of seismic activity;
13 (m) The groundwater resources of Butte County include
14 vast aquifers that serve as a source of water for
15 municipal, agricultural, industrial, commercial, and
16 residential uses and the aquifers are vital to the
17 future of Butte County;
18 (n) The protection of Butte County' s vital natural
19 resources cannot be compromised;
20 (o) Agriculture is the number one industry in Butte
21 County with an estimated gross value of agricultural
22 production in 2013 of over $869 million and the
23 protection of agriculture from the potentially adverse
24 effects of well stimulation byproducts is of vital
25 importance to the economy of Butte County and the
26 livelihood of Butte County residents;
27 (p) The contamination of Butte County' s water and
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1 land by well stimulation byproducts has the potential to
2 negatively impact property values within the county;
3 (q) The prosperity, health, safety, and general well-
4 being of Butte County residents all depend on the
5 availability of clean water and land free from
6 contamination;
7 (r) The storage or disposal of well stimulation
8 byproducts is a type of land use that is incompatible
9 with other land uses in Butte County due to the
10 potential risks to Butte County' s land, water and
11 residents associated with the storage or disposal of
12 such byproducts; and
13 (s) The County of Butte has the authority, under both
14 the California Constitution and state law, to enact land
15 use regulations to preserve and protect the health,
16 safety and welfare of its residents .
17 (t) Pursuant to the California Environmental Quality
18 Act (CEQA) Guidelines, this Ordinance is exempt from
19 CEQA based upon the following:
20 (1) This Ordinance is not a "project" within the
21 meaning of section 15378 of the CEQA Guidelines
22 because it has no potential for resulting in a
23 physical change in the environment, either
24 indirectly or directly;
25 (2) This Ordinance is categorically exempt from
26 CEQA under sections 15307 and 15308 of the CEQA
27 Guidelines as a regulatory action taken by Butte
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1 County to assure the maintenance, restoration,
2 enhancement, or protection of its natural
3 resources and environment; and
4 (3) This Ordinance is also not subject to CEQA
5 under the general rule that CEQA only applies to
6 projects that have the potential to cause a
7 significant effect on the environment . It can be
8 seen with certainty that there is no possibility
9 that this Ordinance will have a significant
10 effect on the environment .
11 Section 2 . The "Natural Resource Uses" section of table 24-13-1
12 of section 24-13, entitled "Land Use Regulations for Agriculture
13 Zones, " of the Butte County Code is amended to read as follows :
14 Zone
AG AS Applicable Regulations
15 Natural Resource Uses
Forestry and Logging P -
16 Mining and Surface Mining C C Chapter 13 Butte
Operations County Code
17 Oil and Gas Extraction, C C
including reinjection
18 wells for natural gas
Oil and Gas Extraction, - - Section 24-167 . 1
19 storage or disposal of
Well Stimulation
20 Byproducts
Timber Processing - -
21
22 Section 3 . The "Natural Resource Uses" section of table 24-16-1
23 of section 24-16, entitled "Land Use Regulations for Natural
24 Resource Zones, " of the Butte County Code is amended to read as
25 follows :
26 //
27 //
6
1 Zone
TM TPZ RC Applicable Regulations
2 Natural Resource Uses
3 Forestry and Logging P P -
Mining and Surface Mining C C [4] C
4 Operations
Oil and Gas Extraction, C C [4] -
5 including reinjection
wells for natural gas
6 Oil and Gas Extraction, - - - Section 24-167 . 1
storage or disposal of
7 Well Stimulation
8 Byproducts
Timber Processing P P -
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10 Section 4 . The `Natural Resource Uses" section of table 24-19-1
11 of section 24-19, entitled "Land Use Regulations for Residential
12 Zones, " of the Butte County Code is amended to read as shown on
13 Exhibit A.
14 Section 5 . The "Natural Resource Uses" section of table 24-22-1
15 of section 24-22, entitled "Land Use Regulations for Commercial
16 and Mixed Use Zones, " of the Butte County Code is amended to
17 read as follows :
18 Zone
GC NC CC REC SE MU Applicable Regulations
19 Natural Resource Uses
Forestry and - - - - - -
20 Logging
Mining and Surface - - - - -- -
21 Mining Operations
Oil and Gas - - - - - -
22 Extraction,
23 including
reinjection wells
24 for natural gas
Oil and Gas - - - - - - Section 24-167 . 1
25 Extraction, storage
or disposal of Well
26 Stimulation
Byproducts
27 Timber Processing - - - - - -
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1 Section 6. The "Natural Resource Uses" section of table 24-26-1
2 of section 24-26, entitled "Land Use Regulations for Industrial
3 Zones, " of the Butte County Code is amended to read as follows :
4 Zone
LI GI HI Applicable Regulations
5 Natural Resource Uses
Forestry and Logging - - -
6 Mining and Surface - - -
7 Mining Operations
Oil and Gas - - C
8 Extraction, including
reinjection wells for
9 natural gas
Oil and Gas - - - Section 24-167 . 1
10 Extraction, storage or
disposal of Well
11 Stimulation Byproducts
Timber Processing
12
Section 7 . The "Natural Resource Uses" section of table 24-29-1
13
of section 24-29, entitled "Land Use Regulations for Special
14
Purpose Zones, " of the Butte County Code is amended to read as
15
follows :
16
Zone
17 PB AIR RBP Applicable Regulations
Natural Resource Uses
18 Forestry and Logging - - -
Mining and Surface - - -
19 Mining Operations
Oil and Gas Extraction, - - -
20 including reinjection
wells for natural gas
21 Oil and Gas Extraction, - - - Section 24-167 . 1
storage or disposal of
22 Well Stimulation
Byproducts
23 Timber Processing - - -
24 Section 8 . Section 24-167 . 1 is added to the Butte County Code
25 to read as follows :
26 24-167 .1 Oil and Gas Extraction - Storage or Disposal of Well
27 Stimulation Byproducts Prohibited.
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1 A. Purpose. It is the intent of this section to prohibit the
2 storage or disposal of well stimulation byproducts within Butte
3 County to protect the vital natural resources of the county,
4 including but not limited to, Butte County' s vast groundwater
5 resources, and to protect the health, safety and welfare of the
6 residents of Butte County.
7 B. Applicability. The standards in this section apply to all
8 zones .
9 C. Prohibited Uses. No well stimulation byproducts of any form
10 or of any nature may be stored in, or disposed of in, the
11 boundaries of Butte County, including in any injection wells
12 within Butte County. In addition, no fluid or fluids,
13 wastewater, or wastewater solids may be stored in, or disposed
14 of in, any injection wells within Butte County in violation of
15 federal or state law.
16 Section 9. Section 24-304 of the Butte County Code is amended
17 to add the following definition of "Acidizing. "
18 Acidizing. Any well stimulation treatment that uses, in whole
19 or in part, the application of one or more acids, at any
20 pressure, into a well or an underground geologic formation in
21 order to cause or enhance, or with the intent to cause or
22 enhance, the production of oil, gas or other hydrocarbon
23 substances from a well . Acidizing may include, but is not
24 limited to, processes known as acid fracturing and acid matrix
25 stimulation. Acidizing does not include routine well cleanout
26 work, routine well maintenance, routine activities that do not
27 affect the integrity of a well or an underground geologic
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1 formation, or treatments that do not penetrate into an
2 underground geologic formation more than 36 inches from the
3 wellbore.
4 Section 10 . Section 24-304 of the Butte County Code is amended
5 to add the following definition of "Hydraulic Fracturing. "
6 Hydraulic Fracturing. Any well stimulation treatment that, in
7 whole or in part, includes the pressurized injection of
8 hydraulic fracturing fluid or fluids, which may include a
9 mixture of water, sand or chemicals, into an underground
10 geologic formation in order to fracture, or with the intent to
11 fracture, the formation, thereby causing or enhancing the
12 production of oil, gas or other hydrocarbon substances from a
13 well .
14 Section 11 . Section 24-304 of the Butte County Code is amended
15 to add the following definition of "Injection Well . "
16 Injection Well. Any new or existing well used for the
17 underground storage or disposal of fluid or fluids, wastewater,
18 or wastewater solids .
19 Section 12 . Section 24-304 of the Butte County Code is amended
20 to add the following definition of "Well Stimulation
21 Byproducts . "
22 Well Stimulation Byproducts. Any fluid or fluids, wastewater,
23 or wastewater solids resulting from well stimulation treatments .
24 Section 13 . Section 24-304 of the Butte County Code is amended
25 to add the following definition of "Well Stimulation Treatment . "
26 Well Stimulation Treatment. Any treatment of a well designed to
27 enhance oil, gas or other hydrocarbon substance production or
10
1 recovery by increasing the permeability of an underground
2 geologic formation. Well stimulation treatments include, but
3 are not limited to, hydraulic fracturing and acidizing. Well
4 stimulation treatments do not include routine well cleanout
5 work, routine well maintenance, routine activities that do not
6 affect the integrity of a well or an underground geologic
7 formation, or treatments that do not penetrate into an
8 underground geologic formation more than 36 inches from the
9 wellbore .
10 Section 14 . Violations; enforcement . Any violation of any
11 provision of this Ordinance shall constitute a misdemeanor
12 punishable pursuant to section 1-7 of this Code. The County of
13 Butte may also pursue any and all civil, criminal, and
14 administrative remedies available to ensure compliance with this
15 Ordinance .
16 Section 15 . Applicability. Nothing in this Ordinance is
17 intended to limit or prohibit well stimulation treatments
18 otherwise permitted pursuant to this Code.
19 Section 16 . Severability. If any provision of this Ordinance
20 or the application thereof to any person or circumstances is for
21 any reason held to be invalid by a court of competent
22 jurisdiction, such provision shall be deemed severable and the
23 invalidity thereof shall not affect the remaining provisions or
24 applications of the Ordinance which can be given effect without
25 the invalid provision or application thereof.
26 Section 17 . Effective Date and Publication. This Ordinance
27 shall take effect 30 days after the date of its passage . The
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1 Clerk of the Board of Supervisors is authorized and directed,
2 before the expiration of 15 days after its passage, to publish
3 this Ordinance once, with the names of the members of the Board.
4 of Supervisors voting for and againstit, in the Chico
5 : Enterprise Record, a newspaper published in the County of Butte,
6 State of California .
7 PASSED AND ADOPTED by. the Board of Supervisors of the County of
8 HBute, State of California, on. the 21st day of April, 2015, b.
9 the following vote:
10
11 AYES : Supervisors Connelly, Kirk, Lambert and Chair Teeter
NOES : Supervisor Wahl
12 ABSENT : None
NOT VOTTNG: None
13
14
DOUG TEETER, Chair of the
15 Butte County. Board of Supervisors
16
17 ATTEST :
PAUL HAHN, Chief Administrative
18 Officer and Clerk of the Board
19 7711 /
20 By 1
/ iPt'' tY
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Zone
FR FCR RR RCR VLDR VLDCR LDR MDR MHDR HDR VHDR Applicable Regulations
Natural Resource Uses
Forestry and Logging P P - - - - - - - - -
Mining and Surface C[4] C[4] - - - - _ - - - -
Mining Operations
Oil and Gas - - - - - - - - - - -
Extraction, including
reinjection wells for
natural gas
Oil and Gas - - - - - - - - - - - Section 24-167 . 1
Extraction, storage
or disposal of Well
Stimulation
Byproducts
Timber Processing - - - - -- - - - - -
Exhibit A