Ordinance No. AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING CHAPTER 24, ENTITLED ZONING, TO PROHIBIT WELL STIMULATION TREATMENT ( FRACKING )

Transcription

1 Ordinance No. AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING CHAPTER, ENTITLED ZONING, TO PROHIBIT WELL STIMULATION TREATMENT ( FRACKING ) AND THE STORAGE OR DISPOSAL OF WELL STIMULATION BYPRODUCTS The Board of Supervisors of the County of Butte ordains as follows: Section. Findings. The Board finds and declares as follows: 0 (a) Well stimulation is a practice used in the oil and natural gas extraction process that involves treatment of a well to enhance oil and gas production by increasing the permeability of an underground geologic formation; (b) Hydraulic fracturing, also known as fracking, 0 is a type of well stimulation treatment that involves the high-pressure injection of hydraulic fracturing fluids, which may include a mixture of water, sand or chemicals, into an underground geological formation to create fractures to increase flows to, and further the production of oil and gas from, a well; (c) Acid well stimulation treatment, or acidizing, is another type of well stimulation treatment that uses, in whole or in part, the application of one or more acids into a well or an underground geologic formation, at any pressure, to increase flows to, and further the production of oil and gas from, a well; Date: December, 0

2 (d) Recent advances in drilling technology and hydraulic fracturing have made it economically feasible to extract oil and natural gas from shale and other impermeable rock formations in areas that were formerly economically infeasible; (e) Well stimulation treatments and their byproducts 0 have garnered increased nationwide attention over the past several years due to environmental concerns that well stimulation treatments and the storage or disposal of well stimulation byproducts may result in adverse environmental impacts, including but not limited to, the contamination of groundwater supplies and an increase in seismic activity, as well as result in the production of contaminated wastewater which may contain harmful chemicals; (f) Well stimulation treatments require, for example, 0 both vertical and horizontal drilling which can create nuisance and environmental impacts to property owners who reside on, or own property above, subsurface areas subjected to well stimulation treatments; (g) Well stimulation treatments are also known to generate numerous types of air pollutants, including but not limited to, volatile organic compounds, methanol, formaldehyde, and carbon disulfide, and such processes can contribute to smog formation and result in serious regional air pollution problems; (h) Well stimulation treatments generally require, Date: December, 0

3 among other activities, the use of thousands of gallons of chemicals and the permanent removal of potentially unsustainably large quantities of water from the natural water cycle; (i) California is experiencing one of the worst droughts on record with Water Year 0 being one of the driest years in decades and the third of three consecutive dry years; (j) According to the Western States Petroleum 0 Association, the process of fracking a single well in California in 0 required, gallons of water, which is the equivalent of percent of the water consumed in a year by a family of four within the state; (k) Well stimulation treatments are not regulated by the Safe Water Drinking Act or the Clean Water Act; (l) Even though companies performing hydraulic 0 fracturing have generally resisted the disclosure of the specific contents of the fluids used in hydraulic fracturing by claiming that the information is proprietary in nature, hydraulic fracturing fluids have been known to contain formaldehyde, benzyne, toluene, and boric acids, among hundreds of other contaminants, and many of the chemicals contained in hydraulic fracturing fluids are listed under Proposition and are known to cause cancer; (m) After being injected into the ground, the chemicals and acids used in the well stimulation process Date: December, 0

4 may leach or migrate into surrounding groundwater resulting in contamination and irreparable harm to groundwater supplies; (n) Spills and releases of hydraulic fracturing 0 chemicals and other acids, and the storage or disposal of fluids or flowback, have also been known to contaminate surface and groundwater as the result of tank ruptures, blowouts, equipment or impoundment failures, vandalism, accidents, ground fires, floods, earthquakes, or operational errors; (o) The County of Butte has a history of groundwater 0 contamination including the contamination of groundwater in the Chico Urban Area by nitrate, which has adversely affected approximately 0,000 residents on 0,000 parcels and has been established as a direct threat to groundwater quality and public health; and the potential contamination of groundwater in the Oroville Urban Area by the Koppers Industries, Incorporated site, the Louisiana Pacific Corporation s Oroville facility, and the Western Pacific Railroad Company s site, all located south of the City of Oroville; (p) There are currently gas wells with an active or idle status located in Butte County that could be utilized to conduct well stimulation treatments or for the storage or disposal of well stimulation byproducts; (q) The underground storage or disposal of well stimulation byproducts in injection wells within Butte Date: December, 0

5 County poses a threat to Butte County s surface water, groundwater and land due to potential leaching, migration and well failures as well as by increasing the risk of seismic activity; (r) The groundwater resources of Butte County include vast aquifers that serve as a source of water for municipal, agricultural, industrial, commercial, and residential uses and the aquifers are vital to the future of Butte County; 0 (s) The protection of Butte County s vital natural resources cannot be compromised; (t) Agriculture is the number one industry in Butte County with an estimated gross value of agricultural production in 0 of over $ million and the protection of agriculture from the potentially adverse effects of well stimulation treatments and well stimulation byproducts is of vital importance to the economy of Butte County and the livelihood of Butte County residents; 0 (u) The contamination of Butte County s water, air and land due to well stimulation treatments and well stimulation byproducts has the potential to negatively impact property values within the county; (v) The prosperity, health, safety, and general wellbeing of Butte County residents all depend on the availability of clean water, clean air and land free from contamination; Date: December, 0

6 (w) On September 0, 0, the State of California adopted Senate Bill Number (SB-), entitled Oil and gas: well stimulation, which regulates well stimulation treatments in the state by generally requiring the disclosure of the chemicals used in well stimulation treatments and the testing and monitoring of well stimulation activities; (x) Despite the adoption of SB-, however, the 0 state s new regulations have not been implemented to date and the effectiveness of the state s new requirements has not been demonstrated; (y) In addition, SB- does not require the unconditional reporting of chemicals used in well stimulation treatments, the disclosure of such chemicals is limited, and SB- does not require advance public notice of well stimulation activities; (z) Numerous states, counties and cities have also 0 banned or adopted moratoria on well stimulation treatments and the storage or disposal of well stimulation byproducts citing environmental concerns and the unknown potential long-term and cumulative risks associated with such practices; (aa) The process of well stimulation and the storage or disposal of well stimulation byproducts are types of land uses that are incompatible with other land uses in Butte County due to the potential risks to Butte County s land, air, water, and residents associated with Date: December, 0

7 well stimulation treatments and well stimulation byproducts; and (bb) The County of Butte has the authority, under both the California Constitution and state law, to enact land use regulations to preserve and protect the health, safety and welfare of its residents. (cc) Pursuant to the California Environmental Quality 0 0 Act (CEQA) Guidelines, this Ordinance is exempt from CEQA based upon the following: () This Ordinance is not a project within the meaning of section of the CEQA Guidelines because it has no potential for resulting in a physical change in the environment, either indirectly or directly; () This Ordinance is categorically exempt from CEQA under sections 0 and 0 of the CEQA Guidelines as a regulatory action taken by Butte County to assure the maintenance, restoration, enhancement, or protection of its natural resources and environment; and () This Ordinance is also not subject to CEQA under the general rule that CEQA only applies to projects that have the potential to cause a significant effect on the environment. It can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Date: December, 0

8 0 0 Section. Section -(A) of the Butte County Code is amended to read as follows: - Purpose of the Agriculture Zones A. Agriculture (AG). The purpose of the AG zone is to support, protect, and maintain a viable, long-term agricultural sector in Butte County. Standards for the AG zone maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining, and methods of oil and gas extraction not specifically excluded, are permitted with the approval of a Conditional Use Permit. One single-family home and one second unit is permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG zone ranges from 0 acres to 0 acres. The AG zone implements the Agriculture land use designation in the General Plan. Section. The Natural Resource Uses section of table -- of section -, entitled Land Use Regulations for Agriculture Zones, of the Butte County Code is amended to read as follows: Date: December, 0

9 0 0 Zone AG AS Applicable Regulations Natural Resource Uses Forestry and Logging P - Mining and Surface Mining Operations C C Chapter Butte County Code Oil and Gas Extraction, including reinjection wells for natural gas C C Oil and Gas Extraction, Well Stimulation Treatment and the storage or disposal of Well Stimulation Byproducts Timber Processing Section -. Section. Section -(A) and (B) of the Butte County Code is amended to read as follows: - Purpose of the Natural Resource Zones A. Timber Mountain (TM). The purpose of the TM zone is to preserve Butte County s valuable timber resources and to protect both the economic and environmental value of these lands. Standards for the TM zone are intended to support the growing and harvesting of timber, pulp woods, and other forestry products for commercial purposes. Permitted uses include logging, timber processing, crop cultivation, agricultural processing, and the management of forest lands for timber operations and animal grazing. Extractive uses that are generally compatible with forestry operations, including mining, and methods of oil and gas extraction not specifically excluded, are conditionally permitted in the TM zone. The minimum permitted parcel size in the TM zone is 0 acres. The TM zone allows for one single-family home per parcel. The TM zone implements the Timber Mountain land use designation in the General Plan. Date: December, 0

10 0 0 B. Timber Production (TPZ). The purpose of the TPZ zone is to preserve and protect land where timber is actively being grown and harvested, as well as minimize impacts to neighboring uses from active timber operations. The California Forest Taxation Reform Act of places values on bare land that is related to its ability to grow trees, and it substitutes a percent tax on the value of timber at the time of harvest ( yield tax) for the annual property tax on the trees. In exchange for this tax benefit, landowners dedicate their timberland to timber growing and compatible uses for a period of at least ten years. Unless terminated by the County or landowner, these ten years renew each year, thus creating a rolling minimum or self-perpetuating ten-year commitment (California Board of Equalization, 000). Lands zoned in this manner are called Timberland Production Zones (TPZ). Permitted uses include logging, timber processing, crop cultivation, the management of forest lands for timber operations and animal grazing, and compatible uses, which are uses that are determined to not significantly detract from the use of the property for, or inhibit, growing and harvesting timber. Extractive uses that are generally compatible with forestry operations, including mining, and methods of oil and gas extraction not specifically excluded, are conditionally permitted in the TPZ zone. Minimum parcel size and development standards for development in the TPZ zone are generally equivalent to the TM zone. The TPZ zone implements the Timber Mountain land use designation in the General Plan. 0 Date: December, 0

11 0 0 Section. The Natural Resource Uses section of table -- of section -, entitled Land Use Regulations for Natural Resource Zones, of the Butte County Code is amended to read as follows: Zone TM TPZ RC Applicable Regulations Natural Resource Uses Forestry and Logging P P - Mining and Surface Mining C C[] C Operations Oil and Gas Extraction, including reinjection wells for natural gas C C[] - Oil and Gas Extraction, Section -. Well Stimulation Treatment and the storage or disposal of Well Stimulation Byproducts Timber Processing P P - Section. The Natural Resource Uses section of table -- of section -, entitled Land Use Regulations for Residential Zones, of the Butte County Code is amended to read as shown on Exhibit A. Section. The Natural Resource Uses section of table -- of section -, entitled Land Use Regulations for Commercial and Mixed Use Zones, of the Butte County Code is amended to read as follows: Date: December, 0

12 0 0 Zone GC NC CC REC SE MU Natural Resource Uses Forestry and Logging Mining and Surface Mining Operations Oil and Gas Extraction, including reinjection wells for natural gas Oil and Gas Section -. Extraction, Well Stimulation Treatment and the storage or disposal of Well Stimulation Byproducts Timber Processing Applicable Regulations Section. The Natural Resource Uses section of table -- of section -, entitled Land Use Regulations for Industrial Zones, of the Butte County Code is amended to read as follows: Zone LI GI HI Applicable Regulations Natural Resource Uses Forestry and Logging Mining and Surface Mining Operations Oil and Gas - - C Extraction, including reinjection wells for natural gas Oil and Gas Section -. Extraction, Well Stimulation Treatment and the storage or disposal of Well Stimulation Byproducts Timber Processing - C P Section. The Natural Resource Uses section of table -- of section -, entitled Land Use Regulations for Special Purpose Zones, of the Butte County Code is amended to read as Date: December, 0

13 0 0 follows: Zone PB AIR RBP Applicable Regulations Natural Resource Uses Forestry and Logging Mining and Surface Mining Operations Oil and Gas Extraction, including reinjection wells for natural gas Oil and Gas Extraction, Section -. Well Stimulation Treatment and the storage or disposal of Well Stimulation Byproducts Timber Processing Section 0. Section -. is added to the Butte County Code to read as follows: -. Oil and Gas Extraction - Well Stimulation Treatments and the Storage or Disposal of Well Stimulation Byproducts Prohibited. A. Purpose. It is the intent of this section to prohibit the methods of oil and gas extraction known as well stimulation treatments and to prohibit the storage or disposal of well stimulation byproducts to protect the vital natural resources of Butte County, including but not limited to, Butte County s vast groundwater resources, and to protect the health, safety and welfare of the residents of Butte County. B. Applicability. The standards in this section apply to all zones. C. Prohibited Uses. Well stimulation treatments are not permitted methods of oil and gas extraction in Butte County. In addition, no well stimulation byproducts of any form or of any Date: December, 0

14 0 0 nature may be stored in, or disposed of in, the boundaries of Butte County, including in any injection wells within Butte County. Section. Section -0 of the Butte County Code is amended to add the following definition of Acidizing. Acidizing. Any well stimulation treatment that uses, in whole or in part, the application of one or more acids, at any pressure, into a well or an underground geologic formation in order to cause or enhance, or with the intent to cause or enhance, the production of oil, gas or other hydrocarbon substances from a well. Acidizing may include, but is not limited to, processes known as acid fracturing and acid matrix stimulation. Acidizing does not include routine well cleanout work, routine well maintenance, routine activities that do not affect the integrity of a well or an underground geologic formation, or treatments that do not penetrate into an underground geologic formation more than inches from the wellbore. Section. Section -0 of the Butte County Code is amended to add the following definition of Hydraulic Fracturing. Hydraulic Fracturing. Any well stimulation treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid or fluids, which may include a mixture of water, sand or chemicals, into an underground geologic formation in order to fracture, or with the intent to fracture, the formation, thereby causing or enhancing the production of oil, gas or other hydrocarbon substances from a Date: December, 0

15 0 0 well. Section. Section -0 of the Butte County Code is amended to add the following definition of Injection Well. Injection Well. Any new or existing well used for the underground storage or disposal of fluid or fluids, wastewater, or wastewater solids. Section. Section -0 of the Butte County Code is amended to add the following definition of Well Stimulation Byproducts. Well Stimulation Byproducts. Any fluid or fluids, wastewater, or wastewater solids resulting from well stimulation treatments. Section. Section -0 of the Butte County Code is amended to add the following definition of Well Stimulation Treatment. Well Stimulation Treatment. Any treatment of a well designed to enhance oil, gas or other hydrocarbon substance production or recovery by increasing the permeability of an underground geologic formation. Well stimulation treatments include, but are not limited to, hydraulic fracturing and acidizing. Well stimulation treatments do not include routine well cleanout work, routine well maintenance, routine activities that do not affect the integrity of a well or an underground geologic formation, or treatments that do not penetrate into an underground geologic formation more than inches from the wellbore. Section. Violations; enforcement. Any violation of any provision of this Ordinance shall constitute a misdemeanor punishable pursuant to section - of this Code. The County of Date: December, 0

16 0 0 Butte may also pursue any and all civil, criminal, and administrative remedies available to ensure compliance with this Ordinance. Section. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable and the invalidity thereof shall not affect the remaining provisions or applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section. Effective Date and Publication. This Ordinance shall take effect 0 days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed, before the expiration of days after its passage, to publish this Ordinance once, with the names of the members of the Board of Supervisors voting for and against it, in the, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the day of, 0, by the following vote: AYES: NOES: ABSENT: NOT VOTING: Date: December, 0

17 DOUG TEETER, Chair of the Butte County Board of Supervisors ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the Board By Deputy 0 0 Date: December, 0

18 Zone FR FCR RR RCR VLDR VLDCR LDR MDR MHDR HDR VHDR Natural Resource Uses Applicable Regulations Forestry and Logging P P Mining and Surface C[] C[] Mining Operations Oil and Gas Extraction, including reinjection wells for natural gas Oil and Gas Section -. Extraction, Well Stimulation Treatment and the storage or disposal of Well Stimulation Byproducts Timber Processing Exhibit A