Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following requirements apply to the installation and use of surface expression containment measures, if any:
(1) The operator shall provide the Division with notice of construction of a surface expression containment measure to allow the Division to observe and document the installation.
(2) Surface expression containment measures shall be designed and signed off by, and construction supervised and approved by, a professional engineer licensed under Chapter 7 of Division 3 of the California Business and Professions Code. All surface expression containment measures shall be included in the operator's Spill Contingency Plan required under Section 1722.9, shall meet all federal, state, and local requirements, and shall ensure that surface expressions do not threaten surface water or USDWs.
(3) Upon completion of a surface expression containment measure, the licensed engineer shall provide a signed written report to the Division indicating whether the surface expression containment measure was constructed as designed and will safely and effectively contain and collect the flow from the surface expression.
(4) The operator shall monitor and record the rate of flow of the surface expression and monitor the containment measures at least daily, unless the Division has approved less frequent monitoring. The operator shall maintain records of the monitoring of the surface expression and containment measures for as long as the surface expression persists and provide them to the Division upon request. The operator shall immediately notify the Division if the surface expression increases in flow or size, reactivates, or moves, or if there is any indication that the effectiveness of the surface expression containment measure has diminished.
(5) The operator shall map and prominently mark in the field all surface expression containment measures, and shall restrict access to such containment measures.
(b) Notwithstanding any efforts undertaken by the operator to contain a surface expression or otherwise mitigate risks associated with a surface expression, the existence of a surface expression, other than a low-energy seep, is a violation of the prohibition in Section 1724.11(a) against underground injection projects resulting in any surface expression.
1. New section filed 2-6-2019; operative 4-1-2019 (Register 2019, No. 6).
Note: Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.
