Section 1783.2 - Neighbor Notification, Duty to Hire Independent Third Party(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: (1) Identify surface property owners and tenants, other than the operator of the well subject to well stimulation treatment, of legally recognized parcels of land situated within a 1500-foot radius of the wellhead receiving well stimulation treatment, or within 500 feet of the surface representation of the horizontal path of the subsurface parts of such well;(2) Provide all surface property owners and tenants so identified, or their duly authorized agents, with neighbor notification that shall include and must be limited to both of the following: (A) A copy of the approved well stimulation treatment permit; and(B) A completed Well Stimulation Treatment Neighbor Notification Form (7/15 version), hereby incorporated by reference; and(3) Compile and mail to the Division a declaration of notice pursuant to subdivision (i).(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: (2) Overnight delivery by an express service carrier;(3) Registered, certified, or express mail;(4) 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, which address or number shall be used until otherwise instructed by the person to be notified.(e) The notice required under this section is deemed to have been provided at the following times: (1) If given by personal delivery, when delivered;(2) If given by overnight delivery by an express service carrier, 2 calendar days after the notice is deposited with the carrier;(3) If given by registered, certified or express mail, 5 calendar days after the notice is deposited in the mail;(4) If given by electronic mail or facsimile, 2 calendar days after the notice is transmitted.(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 "NeighborNotificationWST@conservation.ca.gov"" a declaration of notice that provides all of the following:(1) Identifying information for the well receiving well stimulation treatment and the operator of that well;(2) 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;(3) The name of each surface property owner and tenant notified, or indication that the addressee was unspecified, as allowed under subdivision (g);(4) The specific method of providing each notice, including the physical or electronic address to which each notice was sent;(5) The date each notice was personally delivered, deposited with an express carrier or mail service, or transmitted electronically;(6) The date each notice is deemed to have been provided in accordance with subdivision (e); and(7) Representative copies of the completed Well Stimulation Treatment Neighbor Notification Form that were provided.(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: (1) A representative copy of the well stimulation treatment permits provided to surface property owners and tenants;(2) Representative copies of the completed Well Stimulation Treatment Neighbor Notification Form provided to surface property owners and tenants;(3) 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(4) Records relied upon to identify surface property owners and tenants who must receive notice under this section.(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.Cal. Code Regs. Tit. 14, § 1783.2
1. New section filed 12-30-2014; operative 7-1-2015 pursuant to Public Resources Code section 3161(a), as amended by SB 4, Stats. 2014, c. 313 (Register 2015, No. 1). For prior history, see Register 2014, No. 26.
2. Editorial correction of section heading and HISTORY 1 (Register 2017, No. 24). Note: Authority cited: Sections 3013 and 3160, Public Resources Code. Reference: Sections 3106 and 3160, Public Resources Code.
1. New section filed 12-30-2014; operative 7/1/2015 pursuant to Public Resources Code section 3161(a), as amended by SB 4, Stats. 2014, c. 313 (Register 2015, No. 1). For prior history, see Register 2014, No. 26.
2. Editorial correction of section heading and History 1 (Register 2017, No. 24).