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 1765.4.1 - Notice to Property Owners and Tenants. [Suspended; See Section 1765.11]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Operators shall
					 adhere to the following requirements when providing notice to property owners
					 and tenants under Public Resources Code section
					 3284:
(1) The notice shall describe the nature,
					 location, duration, and timing of the work to be performed.
(2) The notice shall offer to sample and test
					 water wells or surface water on their property before and after drilling in
					 accordance with the requirements of Public Resources Code section
					 3284.
(3) The notice may be given by any of the
					 following means:
(A) Personal
					 delivery;
(B) Overnight delivery by
					 an express service carrier;
(C)
					 Registered, certified, or express mail;
(D) Electronic mail or facsimile, but only if
					 the person to be notified has agreed in writing prior to the notice to accept
					 notice by electronic mail or facsimile. The prior written agreement shall
					 contain the email address or facsimile number of the person to be notified. The
					 email address or facsimile number contained in the agreement shall be used
					 until otherwise instructed by the person to be notified.
(4) The notice required under this section is
					 deemed to have been provided at the following times:
(A) If given by personal delivery, when
					 delivered;
(B) If given by
					 overnight delivery by an express service carrier, 2 calendar days after the
					 notice is deposited with the carrier;
(C) If given by registered, certified or
					 express mail, 5 calendar days after the notice is deposited in the
					 mail;
(D) If given by electronic
					 mail or facsimile, 2 calendar days after the notice is
					 transmitted.
(5) 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.
(6) 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.
(7) In addition to the means set forth in
					 subdivision (a)(3), tenants of a residential or commercial property that has 10
					 or more individual units for lease may be provided notice by leaving a copy of
					 the notice at each individual residential or commercial unit within the
					 residential or commercial property between the hours of 8:00am and 6:00pm, 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 (a)(4).
(8) The operator shall, within 5 calendar
					 days of all required notices having been provided, submit to the Division in a
					 text-searchable electronic format a declaration of completion of notice that
					 provides all of the following:
(A)
					 Identifying information for the well that is the subject of the notice of
					 intention;
(B) A list of all
					 notices provided, itemized by the County Assessor's Parcel Number for the
					 property within the notification radius that corresponds to each notice
					 provided;
(C) The name of each
					 surface property owner and tenant notified, or indication that the addressee
					 was unspecified, as allowed under subdivision (a)(6);
(D) The specific method of providing each
					 notice, including the physical or electronic address to which each notice was
					 sent;
(E) The date each notice was
					 personally delivered, deposited with an express carrier or mail service, or
					 transmitted electronically;
(F) The
					 date each notice is deemed to have been provided in accordance with subdivision
					 (a)(4); and
(G) Representative
					 copies of the notices that were provided.
(9) If any additional surface property owners
					 or tenants are notified after the original declaration of notice is provided to
					 the Division, then the operator shall within 5 calendar days submit to the
					 Division a supplemental declaration of notice that contains the information
					 listed in subdivision (a)(8).
(10)
					 The operator shall retain copies of all of the following:
(A) Representative copies of the notice
					 provided to surface property owners and tenants;
(B) Documentation demonstrating that the
					 notices required under this section were provided, including documentation from
					 the United States Postal Service or express service carrier such as proof of
					 payment records, return receipts, delivery confirmations, and tracking records;
					 and
(C) Records relied upon to
					 identify surface property owners and tenants who must receive notice under
					 Public Resources Code section
					 3284.
(11) Records specified for retention under
					 subdivision (a)(10) 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 (a)(8) is submitted to the
					 Division.