As used in this chapter, an “oil sump” is any open depression or basin in the ground, whether manmade or natural, which contains oil or a combination of oil and water.
Chapter 5Oil Sumps
Section § 3780
This law defines an "oil sump" as an open area in the ground that can hold oil or a mixture of oil and water. It doesn't matter if the hole is natural or created by people.
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Section § 3781
This law states that to safeguard California's wildlife, all oil sumps that are hazardous and exposed must either be covered with protective screens or removed entirely.
The Legislature hereby finds and declares that it is essential in order to protect the wildlife resources of California that all hazardous exposed oil sumps in this state be either screened or eliminated.
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Section § 3782
This law requires the supervisor to create rules to ensure oil sumps are screened well enough to protect wildlife. If an oil or gas operation has sumps that are not properly covered, the supervisor can order those operations to shut down until they comply with the rules.
The supervisor shall promulgate rules and regulations for the adequate screening of oil sumps to protect wildlife and shall order the closure of any oil and gas production operation maintaining an exposed or inadequately screened oil sump in violation of such rules and regulations.
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Section § 3783
This law says that if the Department of Fish and Game tells the supervisor that an oil sump (a pit used for oil operations) is dangerous for wildlife, the supervisor must quickly inform the person in charge, such as the owner or operator. The person responsible has 30 days, or more if agreed upon, to fix or clean up the problem. If the issue isn't resolved in time, the supervisor can order the shutdown of the oil and gas production operation related to the sump.
Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (a) of Section 1016 of the Fish and Game Code that an oil sump is hazardous to wildlife, he shall forthwith given written notice of such hazardous condition to the owner, lessee, operator, or person responsible for the existence of the condition and set forth the hazardous conditions as specified by the Department of Fish and Game. The owner, lessee, operator, or person responsible shall, within 30 days from the date of such notification, or such longer period as may be mutually agreed upon by the supervisor, the Department of Fish and Game, and the owner, lessee, operator, or person responsible, clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game. If the owner, lessee, operator, or person responsible does not clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game within the required period of time, the supervisor shall forthwith order the closure of the oil and gas production operation maintaining the oil sump.
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Section § 3784
If the Department of Fish and Game reports an oil sump as a major threat to wildlife, the supervisor must quickly notify the responsible party. This can be the owner, lessee, operator, or another responsible person. They have 10 days from receiving the notice, or more time if agreed, to fix or clean up the dangerous situation. The cleanup must satisfy both the supervisor and the Department of Fish and Game. If not, the supervisor will shut down the related oil or gas operation.
Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (b) of Section 1016 of the Fish and Game Code that an oil sump constitutes an immediate and grave danger to wildlife, he shall forthwith give written notice of such immediately dangerous condition to the owner, lessee, operator, or person responsible for the existence of the condition and set forth the immediately dangerous condition as specified by the Department of Fish and Game. The owner, lessee, operator, or person responsible shall, within 10 days from the date of such notification, or such longer period as may be mutally agreed upon pursuant to Section 3784.5 by the supervisor, the Department of Fish and Game, and the owner, lessee, operator, or person responsible, clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game. If the owner, lessee, operator, or person responsible does not clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game within the required period of time, the supervisor shall forthwith order the closure of the oil and gas production operation maintaining the oil sump.
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Section § 3784.5
This law allows an extension beyond the usual 10-day period for dealing with oil sumps, but only if both the supervisor and the Department of Fish and Game agree that the work can't realistically be done within that time frame.
Extension of the 10-day period specified in Section 3784 may be granted only in cases where the supervisor and the Department of Fish and Game have determined that screening or elimination of the oil sump cannot be reasonably accomplished within 10 days.
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Section § 3785
This law section requires the supervisor and the Department of Fish and Game to work together to create a program that addresses and manages their roles in safeguarding wildlife in the state from dangers posed by exposed oil sumps.
The supervisor and the Department of Fish and Game shall develop a joint program to coordinate their respective responsibilities under this chapter and Section 1016 of the Fish and Game Code to protect the wildlife resources of the state from the hazards of exposed oil sumps.
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Section § 3787
This section states that nothing in this chapter should be interpreted as limiting the powers and duties of the supervisor when it comes to enforcing or managing any state law they are responsible for.
No provision of this chapter shall be construed as a limitation on the authority and responsibilities of the supervisor with respect to the enforcement or administration of any provision of state law which he is authorized or required to enforce or administer.
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