Section 1765.4.1 - Notice to Property Owners and Tenants(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:(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.Cal. Code Regs. Tit. 14, § 1765.4.1
Note: Authority cited: Sections 3013, 3106 and 3288, Public Resources Code. Reference: Sections 3011, 3106 and 3284, Public Resources Code.
Note: Authority cited: Sections 3013, 3106 and 3288, Public Resources Code. Reference: Sections 3011, 3106 and 3284, Public Resources Code.
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.