Section 1786 - Storage and Handling of Well Stimulation Treatment Fluids and Wastes(a) Operators shall adhere to the following requirements for the storage and handling of well stimulation treatment fluid, additives, and produced water from a well that has had a well stimulation treatment: (1) Fluids shall be stored in compliance with the secondary containment requirements of Section 1773.1, except that secondary containment is not required under this section for production facilities that are in one location for less than 30 days. The operator's Spill Contingency Plan shall account for all production facilities outside of secondary containment and include specific steps to be taken and equipment available to address a spill outside of secondary containment.(2) Operators shall be in compliance with all applicable testing, inspection, and maintenance requirements for production facilities containing well stimulation treatment fluids.(3) Fluids shall be accounted for in the operator's Spill Contingency Plan.(4) Fluids shall be stored in containers and shall not be stored in sumps or pits.(5) In the event of an unauthorized release, the operator shall immediately implement the Spill Contingency Plan; notify the Regional Water Board and any other appropriate response entities for the location and the type of fluids involved, as required by all applicable federal, state, and local laws and regulations; and shall perform clean up and remediation of the area, and dispose of any cleanup or remediation waste, as required by all applicable federal, state, and local laws and regulations.(6) Within 5 days of the occurrence of an unauthorized release, the operator shall provide the Division a written report that includes:(A) A description of the activities leading up to the release;(B) The type and volumes of fluid released;(C) The cause(s) of release;(D) Action taken to stop, control, and respond to the release; and(E) Steps taken and any changes in operational procedures implemented by the operator to prevent future releases.(7) Operators shall conduct all activities that relate to storage and management of fluids in compliance with all applicable requirements of the Regional Water Board, the Department of Toxic Substances Control, the Air Resources Board, the Air Quality Management District or Air Pollution Control District, the Certified Unified Program Agency, and any other state or local agencies with jurisdiction over the location of the well stimulation activities.(8) An operator who generates a waste, as defined in Health and Safety Code section 25124 and California Code of Regulations, title 22, section 66261.2, in the course of conducting well stimulation activities, including but not limited to well stimulation treatment fluid, additives, produced water from a well, solids separated from well stimulation treatment fluid, remediation wastes, or any other wastes generated from the processing, treatment or management of these wastes, shall determine if the waste is a hazardous waste by sampling and testing the waste according to the methods set forth in California Code of Regulations, title 22, division 4.5, chapter 11, article 3 (section 66261.20 et seq.), or according to an equivalent method approved by the Department of Toxic Substances Control pursuant to California Code of Regulations, title 22, section 66260.21, except where the operator has determined that the waste is excluded from regulation under California Code of Regulations, title 22, section 66261.4 or Health and Safety Code section 25143.2. Notwithstanding any other section in this article, wastes that are determined by the operator to be hazardous wastes shall be managed in compliance with all hazardous waste management requirements of the Department of Toxic Substances Control.Cal. Code Regs. Tit. 14, § 1786
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).
2. Editorial correction of 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).
2. Editorial correction of History 1 (Register 2017, No. 24).