Section 1779.1 - Deadlines for Obtaining Aquifer Exemption(a) An underground injection project approved by the Division for injection into an aquifer that has not received an aquifer exemption is subject to the following restrictions: (1) If the portion of the aquifer where injection is approved is not a hydrocarbon producing zone and the groundwater has less than 3,000 TDS, then injection shall cease by October 15, 2015, unless and until there is an aquifer exemption for the aquifer or the portion of the aquifer where injection is occurring.(2) If the portion of the aquifer where injection is approved is not a hydrocarbon producing zone and the groundwater has between 3,000 and 10,000 TDS, then injection shall cease by February 15, 2017, unless and until there is an aquifer exemption for the aquifer or the portion of the aquifer where injection is occurring.(3) If the portion of the aquifer where injection is approved is a hydrocarbon producing zone and the groundwater has less than 10,000 TDS, then injection shall cease by February 15, 2017, unless and until there is an aquifer exemption for the aquifer or the portion of the aquifer where injection is occurring.(b) For any underground injection project approved by the Division for injection into one of the 11 aquifers listed in subdivision (b)(1), injection shall cease by December 31, 2016, unless and until the U.S Environmental Protection Agency, subsequent to April 20, 2015, determines that the aquifer or the portion of the aquifer where injection is occurring meets the criteria for aquifer exemption. (1) The following are the 11 aquifers subject to this subdivision:(A) The Pico formation within the boundaries of the South Tapo Canyon field;(B) The Tumey formation within the boundaries of the Blackwell's Corner field;(C) The Kern River formation within the boundaries of the Kern Bluff field;(D) The Santa Margarita formation within the boundaries of the Kern Front field;(E) The Chanac formation within the boundaries of the Kern River field;(F) The Santa Margarita formation within the boundaries of the Kern River field;(G) The Walker formation within the boundaries of the Mount Poso field;(H) The Olcese formation within the boundaries of the Round Mountain field;(I) The Walker formation within the boundaries of the Round Mountain field;(J) All aquifers within the Bunker Gas field that are not in a hydrocarbon producing zone and that have groundwater that has less than 10,000 TDS; and(K) All aquifers within the Wild Goose field that are not in a hydrocarbon producing zone and that have groundwater that has less than 10,000 TDS.(2) For the purposes of this section, the boundaries of the fields listed in subdivision (b)(1) are defined by Division of Oil, Gas, and Geothermal Resources Field Boundary Specifications 1 through 9, dated April 1, 2015, hereby incorporated by reference (publicly available at ftp://ftp.consrv.ca.gov/pub/oil/UIC Files/Boundary Maps/DOGGRField Boundary Specifications 1 through 9.pdf).(c) Notwithstanding subdivisions (a) and (b), approval of an underground injection project, rescission of an approval of an underground injection project, and restriction of an approval of an underground injection project are all at the discretion of the Division, pursuant to existing law.(d) Any person who violates this section is subject to a minimum civil penalty of $20,000 for each well for each day injection occurs. The Division may impose a greater civil penalty based on consideration of the extent of harm, persistence, pervasiveness, and prior occurrences of the violation, but in no case shall the civil penalty be greater than $25,000 for each well for each day injection occurs.Cal. Code Regs. Tit. 14, § 1779.1
1. New section filed 4-20-2015 as an emergency; operative 4-20-2015 (Register 2015, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-19-2015 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-19-2015 as an emergency; operative 10-20-2015 (Register 2015, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-19-2016 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-21-2016 as an emergency; operative 1-21-2016 (Register 2016, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-20-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-21-2016 order, including amendment of subsection (c), transmitted to OAL 3-8-2016 and filed 4-20-2016; amendments operative 4-20-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 17). Note: Authority cited: Section 3013, Public Resources Code. Reference: Sections 3106, 3220, 3222 and 3236.5, Public Resources Code; and 40 C.F.R. 144.3 and 144.7.
1. New section filed 4-20-2015 as an emergency; operative 4-20-2015 (Register 2015, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-19-2015 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-19-2015 as an emergency; operative 10-20-2015 (Register 2015, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-19-2016 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-21-2016 as an emergency; operative 1-21-2016 (Register 2016, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-20-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-21-2016 order, including amendment of subsection (c), transmitted to OAL 3-8-2016 and filed 4-20-2016; amendments operative 4-20-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 17).