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 1765.9 - Determination that a Location is Not Within a Health Protection Zone

Universal Citation: 14 CA Code of Regs 1765.9

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

(a) Operators seeking to demonstrate that a location is not within a Health Protection Zone shall provide a statement to the Division that adheres to the following requirements:

(1) The statement shall identify all of the following features located within 3,200 feet of the location:
(A) All buildings, including all permanent, installed, rigid-walled structures;

(B) All parks, including all areas open to the public for outdoor recreation; and

(C) Any site that the Division has identified as a potential sensitive receptor.

(2) The statement shall explain why each of the features identified do not meet the definition of a "sensitive receptor" under Section 1765.1.

(3) The statement shall be submitted in .txt, .docx, or .pdf format.

(b) When the Division reviews a statement provided under subdivision (a), the Division will review the information provided, and any other relevant information, and determine on a case-by-case basis whether each feature identified is a sensitive receptor as defined in Section 1765.1 and consistent with the purposes of this article. If the Division agrees that the location is not within a Health Protection Zone, then the Division will provide a written verification that, as of the date of determination, the subject location is not within a Health Protection Zone.

(c) If the Division finds that the location is within a Health Protection Zone or that the operator has not sufficiently demonstrated that the location is not within a Health Protection Zone, then the subject location is within a Health Protection Zone.

Note: Authority cited: Sections 3013, 3106, 3270 and 3288, Public Resources Code. Reference: Sections 3011, 3106, 3270, 3281 and 3285, Public Resources Code.

Note: Authority cited: Sections 3013, 3106, 3270 and 3288, Public Resources Code. Reference: Sections 3011, 3106, 3270, 3281 and 3285, Public Resources Code.

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