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§ 1765.4. Water Sampling and Testing.

14 CA ADC § 1765.4Barclays Official California Code of RegulationsEffective: June 27, 2024

Barclays California Code of Regulations
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 4. Development, Regulation, and Conservation of Oil and Gas Resources (Refs & Annos)
Subchapter 2. Environmental Protection
Article 2.5. Health Protection Zones.
Effective: June 27, 2024
14 CCR § 1765.4
§ 1765.4. Water Sampling and Testing.
Currentness
(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.

Credits

Note: Authority cited: Sections 3013, 3106 and 3288, Public Resources Code. Reference: Sections 3011, 3106 and 3284, Public Resources Code.
History
1. New section filed 1-6-2023 as an emergency; operative 1-6-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 1-6-2025 or emergency language will be repealed by operation of law on the following day.
2. The effectiveness of this section was suspended on 2-3-2023 following the Secretary of State's qualification of a referendum staying the effectiveness of the underlying statutes until and unless those statutes are enacted by the voters in the November 2024 general election (Register 2023, No. 8).
3. Change without regulatory effect removing bracketed language after heading filed 7-8-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 28). Effectiveness of section reinstated 6-27-2024 due to withdrawal of Referendum 1940 (22-0006) pursuant to Elections Code section 9604(b) (See Elections Code section 9033(d)). Pursuant to Public Resources Code section 3288, a Certificate of Compliance must be transmitted to OAL by 5-30-2026, or emergency language will be repealed by operation of law on the following day.
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 14, § 1765.4, 14 CA ADC § 1765.4
End of Document