Cal. Code Regs. tit. 14 § 1765.5.1

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1765.5.1 - Contents of a New Production Facility Notice
(a) The requirements for a New Production Facility Notice required under Section 1765.5, subdivision (a), are as follows:
(1) The operator shall provide an accurate point location for the proposed new production facility including latitude and longitude coordinates. If the proposed new production facility is a pipeline, then the operator shall provide the longitude and latitude coordinates for one or more point locations of the pipeline that are near enough to a sensitive receptor to establish that the pipeline is within a Health Protection Zone.
(2) If the new production facility will be within a Health Protection Zone, then the operator shall identify the sensitive receptor nearest to where the production facility will be. Information regarding the sensitive receptor shall be provided in a sensitive receptor inventory in accordance with Section 1765.7 and a sensitive receptor map in accordance with Section 1765.8.
(3) If the new production facility will not be within a Health Protection Zone, then the operator shall provide verification from the Division in accordance with Section 1765.9 that the location is not within a Health Protection Zone.
(4) If the new production facility is associated with a notice of intention that was approved by the Division under Public Resources Code section 3281, subdivision (a), then the operator shall provide the API number for the well and the date that the notice of intention was approved by the Division.
(5) If the operator believes that the new production facility is necessary to protect public health and safety, then the operator shall provide a statement as to how the production facility is necessary to protect public health and safety with supporting documentation, data, or studies.

Cal. Code Regs. Tit. 14, § 1765.5.1

Note: Authority cited: Sections 3013, 3106, 3270 and 3288, Public Resources Code. Reference: Sections 3011, 3106, 3270, 3281 and 3285, Public Resources Code.

Note: Authority cited: Sections 3013, 3106, 3270 and 3288, Public Resources Code. Reference: Sections 3011, 3106, 3270, 3281 and 3285, 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 A Certificate of Compliance must be transmitted to OAL by 1-6-2025 or emergency language will be repealed by operation of law on the following day.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.