Amended in Senate April 6, 2015

Senate Bill No. 454

Introduced by Senator Allen

February 25, 2015

An act to begin delete amend Section 13399 of the Water end delete begin insert add Section 3113 to the Public Resources end insert Code, relating to water quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 454, as amended, Allen. Water quality: begin delete minor violations. end delete begin insert oil and gas: exempt aquifer. end insert

begin insert

Existing federal law prohibits certain oil and gas well activities that affect underground sources of drinking water unless those sources are located in an exempt aquifer. Existing federal law authorizes a state delegated with the responsibility of regulating certain wells to propose that an aquifer or a portion of an aquifer be an exempt aquifer and authorizes the United States Environmental Protection Agency to approve the proposal if the aquifer or a portion of the aquifer meets certain criteria. Under existing federal law, the authority to regulate those wells in California is delegated to the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation.

end insert begin insert

This bill would prohibit the division from submitting a proposal for an aquifer exemption to the United States Environmental Protection Agency unless the division and the State Water Resources Control Board concur in writing that the aquifer meets specified conditions.

end insert begin delete

The Porter-Cologne Water Quality Control Act authorizes the State Water Resources Control Board and the California regional water quality control boards to conduct inspections for violations of specified law. The act requires the state board and the regional boards to determine the types of violations that are minor violations and requires the state board to adopt regulations or state policy for water quality, as prescribed.

end delete begin delete

This bill would make nonsubstantive changes to the provision relating to minor violations.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3113 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 3113. end insert   

The division shall not submit a proposal for an aquifer
exemption to the United States Environmental Protection Agency
under the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et
seq.) and regulations implementing that act unless the division
and the State Water Resources Control Board concur in writing
that the aquifer meets either of the following conditions:

(a) The division determines that the aquifer is hydrocarbon
bearing, as described in Section 146.4(b)(1) of Title 40 of the Code
of Federal Regulations, and either of the following additional
determinations is made:

(1) The division and the State Water Resources Control Board
determine that the intended injection zone is geologically and
hydrogeologically isolated from any zone containing waters that
may have a beneficial use.

(2) The State Water Resources Control Board determines that
the intended injection zone contains waters with potential beneficial
uses and the fluids to be injected into the zone will not impact those
beneficial uses.

(b) The division determines that the aquifer is nonhydrocarbon
bearing and the aquifer meets all of the following conditions:

(1) The aquifer meets the criteria in Section 146.4(a) to (c),
inclusive, of Title 40 of the Code of Federal Regulations.

(2) The total dissolved solids content of the water in the aquifer
is greater than 3,000 milligrams per liter.

(3) The division and the State Water Resources Control Board
determine that the intended injection zone is geologically and
hydrogeologically isolated from any zone containing waters that
may have a beneficial use.

(4) The State Water Resources Control Board determines in
writing to the division and posts on the board’s Internet Web site
in a public and readily accessible location that the injection of
fluids into the aquifer would not contaminate a source of water
that currently has, or could in the future have, a beneficial use,
subject to the following:

(A) For an aquifer situated at a depth or location that makes
recovery of the water currently technologically impractical or an
aquifer that is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption or other beneficial use, the board shall consider and
make a written determination regarding the potential for future
technology to make the aquifer viable as a water source.

(B) The board shall consider and make a written determination
regarding the state’s need to identify and develop new sources of
water and how that need might affect the viability of a currently
contaminated aquifer.

(5) If the aquifer contains water that is currently or potentially
limited in its beneficial use due to existing contamination, the State
Water Resources Control Board determines that the injection of
fluids into the aquifer would not impair the limited current or
potential beneficial use of the waters.

end insert

begin delete

SECTION 1.  

Section 13399 of the Water Code is amended to
read:

13399.  

(a) The Legislature hereby finds and declares that the
purpose of this chapter is to establish an enforcement policy for
violations of this division that the enforcement agency finds are
minor when the danger they pose to, or the potential that they have
for endangering, human health, safety, or welfare or the
environment are taken into account.

(b) It is the intent of the Legislature in enacting this chapter to
provide a more resource-efficient enforcement mechanism, faster
compliance times, and the creation of a productive and cooperative
working relationship between the state board, the regional boards,
and the regulated community while maintaining protection of
human health and safety and the environment.

(c) This chapter applies solely to the actions of the state board
and the regional boards in administering this division and has no
application to the administrative enforcement actions of other
public agencies.

(d) The state board and each regional board shall implement
this chapter by determining the types of violations of this division,
or of the regulations, rules, standards, orders, permit conditions,
or other requirements adopted pursuant to this division that the
state board or the regional board finds are minor violations in
accordance with subdivisions (e) and (f). The state board shall
implement this chapter through adoption of regulations or state
policy for water quality control pursuant to Article 3 (commencing
with Section 13140) of Chapter 3.

(e) In determining the types of violations that are minor
violations, the state board or regional board shall consider all of
the following factors:

(1) The magnitude of the violation.

(2) The scope of the violation.

(3) The severity of the violation.

(4) The degree to which a violation puts human health, safety,
or welfare or the environment into jeopardy.

(5) The degree to which a violation could contribute to the
failure to accomplish an important goal or program objective as
established by this division.

(6) The degree to which a violation may make it difficult to
determine if the violator is in compliance with other requirements
of this division.

(f) For purposes of this chapter, a minor violation of this division
shall not include any of the following:

(1) A knowing, willful, or intentional violation of this division.

(2) A violation of this division that enables the violator to benefit
economically from noncompliance, either by realizing reduced
costs or by gaining a competitive advantage.

(3) A violation that is a chronic violation or that is committed
by a recalcitrant violator.

(g) In determining whether a violation is chronic or a violator
is recalcitrant, for purposes of paragraph (3) of subdivision (f), the
state board or regional board shall consider whether there is
evidence indicating that the violator has engaged in a pattern of
neglect or disregard with respect to the requirements of this division
or the requirements adopted pursuant to this division.

end delete