(a) The operator of any oil or gas well receiving a permit to conduct well stimulation treatment from the Division shall hire an independent third party to perform the following actions:

(b) Neighbor notification is not required if the independent third party determines that there are no surface property owners or tenants as described in subdivision (a)(1).

(c) A well stimulation treatment subject to the neighbor notification requirements of this section shall not commence until 30 calendar days after all required notices are provided, as defined in subdivision (e). If the independent third party has made a determination under subdivision (b) that neighbor notification is not required, then the well stimulation treatment shall not commence until at least 72 hours after the operator provides the Division with a signed written statement from the independent third party certifying that determination.

(d) The notice required under subdivision (a)(2) may be given by any of the following means:

(e) The notice required under this section is deemed to have been provided at the following times:

(f) Any notice that is given to surface property owners by overnight delivery by an express service carrier or by registered, certified, or express mail shall be addressed to the address of record for that person, or his/her duly authorized agent, as shown on the latest equalized assessment roll, county assessor or tax collector records. In addition, if the owner's address of record is different from the physical address of the property within the notification radius, and if that property is capable of receiving mail, a copy of the notice shall also be delivered or mailed to that property.

(g) Notice to a tenant shall not be considered deficient for lack of a named individual. Notice to any tenant can be addressed generally to “current resident,” “current occupant,” or such other non-specific addressee, as may be appropriate.

(h) In addition to the means set forth in subdivision (d), tenants of a residential or commercial property that has 10 or more individual units for lease may be provided notice by leaving the copy of the permit and Well Stimulation Treatment Neighbor Notification Form at each individual residential or commercial unit within the residential or commercial property between the hours of eight in the morning and six in the evening, with some person not less than 18 years of age who provides a signature acknowledging receipt of the notice. Notice given in accordance with this subdivision shall be treated as a personal delivery for purposes of determining when such notice is deemed provided under subdivision (e).

(i) The independent third party hired by the operator to provide notice under this section shall, within 5 calendar days of all required notices having been provided for a well stimulation treatment, submit to the Division in a text-searchable electronic format, directed to the email address “[email protected]” a declaration of notice that provides all of the following:

(j) If any additional surface property owners or tenants are notified after the original declaration of notice is provided to the Division, then the independent third party shall within 5 calendar days submit to the Division a supplemental declaration of notice that contains the information listed in subdivision (i).

(k) Each independent third party hired by the operator to provide notice under this section shall retain copies of all of the following:

(l) Records specified for retention under subdivision (k) shall be made available to the Division promptly upon request, and shall be maintained for at least 5 years from the date that the declaration of notice required under subdivision (h) is submitted to the Division.