California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 4 - Development, Regulation, and Conservation of Oil and Gas Resources
Subchapter 2 - Environmental Protection
Article 2.5 - Health Protection Zones. [Suspended; See Section 1765.11]
Section 1765.4 - Water Sampling and Testing

Universal Citation: 14 CA Code of Regs 1765.4

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Except as provided in subdivisions (b) and (c), operators shall not commence any work that requires a notice of intention under Public Resources Code section 3203 in a Health Protection Zone unless notice requirements under Public Resources Code section 3284 have been met and until at least five working days after providing the following to the Division:

(1) The declaration of completion of notice required under Section 1765.4.1, subdivision (a)(8).

(2) For each water source where an owner or tenant has requested water quality testing under Public Resources Code section 3284, the date that the baseline sampling and testing was performed. If the operator was unable to do the requested testing because the property owner or tenant was unable to provide the necessary access, then a description and timeline of the efforts made by the operator to obtain access to the water source.

(b) The Division may waive the requirements of Public Resources Code section 3284 if the operator demonstrates that the delay in well work associated with the requirements of this section is likely to result in significant damage to life, health, or natural resources. An operator's request for a waiver shall adhere to the following requirements:

(1) The operator shall specifically request a waiver of the requirement under this exemption when submitting the notice of intention.

(2) The operator shall provide documentation of the risk associated with the delay caused by the sampling and testing process including a qualitative discussion of the probability that the harm will occur and a rough estimate of the potential magnitude of the impacts of the harm that is likely to result.

(3) Documentation provided shall include an analysis of contributing hazards and risk factors, any available data that evidences the details of existing conditions that contribute to the risk, and an analysis of the time sensitivity of that risk.

(c) A notice of intention to plug and abandon a well within a Health Protection Zone is not subject to the requirements of Public Resources Code section 3284.

(d) Operators receiving at least one request from a property owner or tenant for water testing under Public Resources Code section 3284 shall provide the following documentation to the Division no more than 120 days after the well work is complete:

(1) For each water source where a baseline sample was taken, the date or dates that the follow-up sample was taken or documentation of reasons why testing was unable to be performed including a description and timeline for efforts made by the operator to gain access to the water source;

(2) Water quality sampling data and analysis for each water source sampled, including identification of the property owner or tenant that made the request;

(3) Documentation, including date, of the delivery of the water quality data to each property owner or tenant entitled to receive the data under Public Resources Code section 3284, subdivision (d)(4);

(4) Date that the water quality data for each sampling location were transmitted to the appropriate regional water quality control board and the State Water Resources Control Board.

(e) When notifying the appropriate regional water quality control board prior to collecting a sample under Public Resources Code section 3284, subdivision (d)(5), the operator shall also notify the State Water Resources Control Board.

Note: Authority cited: Sections 3013, 3106 and 3288, Public Resources Code. Reference: Sections 3011, 3106 and 3284, Public Resources Code.

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