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in r The Division has no jurisdiction over the design,installation,or maintenance of vent systems or any other gas mitigation measures. The Division can,as a responsible agency, make recommendations for the installation of vent systems or other gas mitigation measures in certain situations such as: In. • When a well is within 10 feet or under a proposed structure or within the guidelines/requirements of a local jurisdiction. • If a well is within 50 feet of a proposed structure and under a hardscape(e.g., cement or asphalt) ` improvement that leads directly to the proposed structure. NOTE: Several options are available to help prevent leakage of gas into a structure. One option is to install a vent system.A second option is to add surface mitigation such as an impermeable membrane,or add a passive collection system.A third option is to maintain a minimum 3-foot wide landscaped area between the well and the proposed structure. The local permitting agency has the jurisdiction for requiring and approving vent systems. However,the Division may require that if a vent system or gas mitigation measure is installed,then records concerning the vent system or gas mitigation measures be submitted to the Division. r 3208.1. (a) To prevent, as far as possible, damage to life, health, and property, the supervisor or district deputy may order the r reabandonment of any previously abandoned well if the supervisor or the district deputy has reason to question the integrity of the previous abandonment. The operator responsible for plugging and abandoning deserted r wells under Section 3237 shall be responsible for the reabandonment except in the following situations: (1) The supervisor finds that the operator plugged and abandoned r the well in conformity with the requirements of this division in effect at the time of the plugging and abandonment and that the well in its current condition presents no immediate danger to life, health, and property but requires additional work solely because the �• owner of the property on which the well is located proposes construction on the property that would prevent or impede access to the well for purposes of remedying a currently perceived future r problem. In this situation, the owner of the property on which the well is located shall be responsible for the reabandonment. (2) The supervisor finds that the operator plugged and abandoned the well in conformity with the requirements of this division in r effect at the time of the plugging and abandonment and that construction over or near the well preventing or impeding access to it was begun on or after January 1, 1988, and the property owner, r developer, or local agency permitting the construction failed either to obtain an opinion from the supervisor or district deputy as to whether the previously abandoned well is required to be reabandoned or to follow the advice of the supervisor or district deputy not to r undertake the construction. In this situation, the owner of the property on which the well is located shall be responsible for the reabandonment. ` (3) The supervisor finds that the operator plugged and abandoned the well in conformity with the requirements of this division in effect at the time of the plugging and abandonment and after that time someone other than the operator or an affiliate of the operator r disturbed the integrity of the abandonment in the course of developing the property, and the supervisor is able to determine based on credible evidence, including circumstantial evidence, the r r