California Laws on Leaking Wells

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Both domestic wells and professional wells must abide by the California Code of Regulations.

When wells that are injected deep beneath the surface experience leaks, contaminated and hazardous materials can infiltrate the water supply and pollute the air of the given area. To prevent the health risks and environmental dangers associated with leaking wells, the California Code of Regulations (CFR) has established requirements for the maintenance and monitoring of wells.

  1. Hazardous Material

    • Because of the dangers posed by hazardous material leaking through faulty wells, the California Health and Safety Code, under section 25159.15, prohibits people discharging hazardous waste into an injection well that commenced its operation after Jan. 1, 1986. To discharge hazardous waste into a well that was built before 1986, you must have an inspector from the California Health and Safety Department come and inspect the well to ensure that the well is not leaking and that there are no potential contamination dangers that would be caused by discharging hazardous material into the well. Only if the department grants you permission with a written approval can you discharge the material.

    Monitoring Program

    • Many leaks can be avoided if unauthorized pressure can be detected in the wells before the pressure develops, releases or explodes into a leak. Thus, section 2641 of the CFR mandates that owners and operators of any underground storage tanks---including wells---must provide monitoring programs that are capable of effectively detecting unauthorized pressure or unauthorized pressure release at any portion of the underground tank at the earliest opportunity possible.

    Non-Visual Monitoring

    • There are two methods of monitoring wells for leak detection, and well owners are required to do each method. The non-visual monitoring method entails using a quantitative leak detection device such as an automatic tank gauge that tests the well for unauthorized pressure once per month. The CFR, under section 26.43, states that the automatic tank gauge must generate a hard copy of the calculated leak rate and the leak threshold for the well. In addition to the automatic tank gauge, other methods that would satisfy the CFR monitoring requirements include manual inventory reconciliation, statistical inventory reconciliation and tank integrity testing.

    Visual Monitoring

    • Section 2442 of the CFR asserts that owners and operators of wells must also visually monitor the well to ensure that no portions of the well are vulnerable to produce leaks. To adequately conduct visual monitoring tests, the owner must inspect all visible portions of the external surface of the well for unauthorized pressure release each day. The owner must also provide a written statement regarding the routine monitoring procedure, the personnel involved in the inspection, details pertaining to the well and the inspection results.

    Responding to Leaks

    • An owner of a well who detects an unauthorized pressure release must report the leak to the local State Water Resources Board agency within 24 hours of detecting the pressure. The owner then must investigate the issue and immediately take all measures possible to stop the leak. If it is necessary---or if it is required by the local agency---the owner also must remove all remaining stored substance from the well to prevent additional releases from further contaminating the environment. Within five days of detecting the release, the owner must submit a written report to the local agency that thoroughly details the leak situation, the materials released and the amount released. After the leak is sealed, the owner must submit reports to the agency regarding cleanups at least every three months until the cleanup is complete.

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  • Photo Credit oil well at dusk image by Calin Tatu from Fotolia.com

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