BILL NUMBER: AB 2398 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hueso
FEBRUARY 24, 2012
An act to amend Sections 28, 5410, 5411, and 5411.5 of, and to add
Chapter 20 (commencing with Section 26300) to Division 20 of, the
Health and Safety Code, to repeal Article 10.9 (commencing with
Section 65601) of Chapter 3 of Division 1 of Title 7 of the
Government Code, to amend Section 1502 of the Public Utilities Code,
to amend Sections 1058.5, 10616.5, 13050, 13260, 13263, and 13271 of,
to add Division 8 (commencing with Section 18000) to, to repeal
Chapter 6 (commencing with Section 460) of Division 1 of, to repeal
Chapter 7.3 (commencing with Section 13560) and Chapter 7.5
(commencing with Section 13575) of, and to repeal and add Chapter 7
(commencing with Section 13500) of Division 7 of the Water Code,
relating to water recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2398, as introduced, Hueso. Water recycling.
Existing law establishes the State Water Resources Control Board
(state board) and the California regional water quality control
boards as the principal state agencies with authority over matters
relating to water quality. Existing law requires the State Department
of Public Health (department) to adopt uniform water recycling
criteria for indirect potable water reuse for groundwater recharge,
as defined, by December 31, 2013. Existing law requires the
department to develop and adopt uniform water recycling criteria for
surface water augmentation, as defined, by December 31, 2016, if a
specified expert panel convened by the department finds that the
criteria would adequately protect public health. Existing law
requires the department to investigate the feasibility of developing
uniform water recycling criteria for direct potable reuse, as
defined, and to provide a final report on that investigation to the
Legislature by December 31, 2016. Existing law requires the
department, in consultation with the state board, to report to the
Legislature from 2011 to 2016, inclusive, as part of the annual
budget process, on the progress towards developing and adopting the
water recycling criteria for surface water augmentation and its
investigation of the feasibility of developing water recycling
criteria for direct potable reuse. Existing law requires the state
board to enter into an agreement with the department to assist in
implementing the water recycling criteria provisions.
This bill would enact the Water Recycling Act of 2012 to revise
and consolidate those and other provisions relating to recycled
water, and make other conforming changes to existing law. The act
would establish a statewide goal to recycle a total of 1.5 million
acre-feet of water per year by the year 2020 and 2.5 million
acre-feet of water per year by the year 2030. The act would require
the state board and regional boards, the department, the Public
Utilities Commission, the Department of Water Resources, and other
state agencies to exercise the authority and discretion granted to
them by the Legislature to encourage the use of recycled water and
meet the goals of the act. The act would state that it is the intent
of the Legislature that the department permit potable reuse projects
using advanced treated purified water and that the state board and
regional boards permit nonpotable reuse projects and potable reuse
projects using potable water other than advanced treated purified
water. Because certain reports submitted as part of the permit
application process would be submitted under penalty of perjury, this
bill would impose a state-mandated local program by creating a new
crime. The act would establish the Water Recycling Research Fund and
require that certain civil penalties be deposited into the fund, to
be expended by the state board, upon appropriation by the
Legislature, to conduct or fund research necessary to support the
continued and safe use of recycled water in the state.
The bill would also authorize the department to issue permits for
raw water augmentation projects utilizing advanced treated purified
water in conformance with the uniform drinking water criteria
established pursuant to the act.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 28 of the Health and Safety Code is amended to
read:
28. For the purposes of this code, "recycled water" or "reclaimed
water" has the same meaning as recycled water
"recycled water " as defined in subdivision (n)
of Section 13050 of the Water Code.
SEC. 2. Section 5410 of the Health and Safety Code is amended to
read:
5410. As used in this chapter:
(a) "Waste" includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation of whatever nature.
(b) "Person" as used in this article also includes any city,
county, district, the state or any department or agency thereof.
(c) "Waters of the state" means any water, surface or
underground, including saline waters, within the boundaries of the
state.
(d) "Contamination" means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
"Contamination" shall include any equivalent effect resulting from
the disposal of waste, whether or not waters of the state are
affected.
(e) "Pollution" means an alteration of the quality of the waters
of the state by waste to a degree which unreasonably affects: (1)
such waters for beneficial uses, or (2) facilities which serve such
beneficial uses. "Pollution" may include "contamination."
(f) "Nuisance" means anything which: (1) is injurious to health,
or is indecent or offensive to the senses, or an obstruction to the
free use of property, so as to interfere with the comfortable
enjoyment of life or property, and (2) affects at the same time an
entire community or neighborhood, or any considerable number of
persons, although the extent of the annoyance or damage inflicted
upon individuals may be unequal, and (3) occurs during, or as a
result of, the treatment or disposal of wastes. The use of
recycled water, as defined in Section 18005 of the Water Code, and in
accordance with the requirements of the Water Recycling Act of 2012
(Division 8 (commencing with Section 18000) of the Water Code) or the
requirements of this division does not create a nuisance.
(g) "Regional board" means any California regional water quality
control board created pursuant to Section 13201 of the Water Code.
SEC. 3. Section 5411 of the Health and Safety Code is amended to
read:
5411. No A person shall not
discharge sewage or other waste, or the effluent of treated
sewage or other waste, in any manner which
that will result in contamination, pollution or a nuisance.
This section does not apply to the use of recycled water
, as defined in Section 18005 of the Water
Code, and in accordance with the requirements of the Water Recycling
Act of 2012 (Division 8 (commencing with Section 18000) of the Water
Code) or the requirements of this division.
SEC. 4. Section 5411.5 of the Health and Safety Code is amended to
read:
5411.5. (a) Any person who, without regard to intent or
negligence, causes or permits any sewage or other waste, or the
effluent of treated sewage or other waste to be discharged in or on
any waters of the state, or discharged in or deposited where it is,
or probably will be, discharged in or on any waters of the state, as
soon as that person has knowledge of the discharge, shall immediately
notify the local health officer or the director of environmental
health of the discharge.
(b) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) nor more than one thousand
dollars ($1,000), or imprisonment for less than one year, or both
the fine and imprisonment.
(c) The notification required by this section shall not apply to
a discharge authorized by law and in compliance with waste discharge
requirements or other requirements established by the appropriate
regional water quality control board or the State Water Resources
Control Board.
(d) This section does not apply to the use of recycled water, as
defined in Section 18005 of the Water Code, and in accordance with
the requirements of the Water Recycling Act of 2012 (Division 8
(commencing with Section 18000) of the Water Code) or the
requirements of this division.
SEC. 5. Chapter 20 (commencing with Section 26300) is added to
Division 20 of the Health and Safety Code, to read:
CHAPTER 20. GROUNDWATER AQUIFER RECHARGE
26300. The Legislature finds and declares the following:
(a) Advanced treated purified water is being used to recharge
groundwater aquifers in California through direct injection of the
aquifer.
(b) Advanced treatment facilities, operated in California, have
demonstrated the ability of advanced treated purified water
technologies to reliably produce water of a higher quality than most
raw surface water sources in California.
(c) If the planned introduction of advanced treated purified water
into a raw water supply can be demonstrated to be safe and feasible,
its use will significantly aid in achieving the state board's
recycling goals.
(d) Upon completing a rigorous review and public process for
determining the safety of utilizing advanced treated purified water
for raw water augmentation, clear authority needs to be established
for the permitting of such a project.
(e) This chapter is not intended to delay, invalidate, or reverse
any study or project, or development of regulations by the department
regarding the use of recycled water for groundwater recharge,
surface water augmentation, or direct potable reuse.
26301. As used in this chapter,"advanced treated purified water"
means ____.
26302. (a) The department shall issue permits for raw water
augmentation projects utilizing advanced treated purified water.
(b) Each person who is subject to a permit pursuant to this
section shall submit an annual fee to the department according to a
fee schedule established by the department in conformance with this
section.
(c) The total amount of annual fees collected pursuant to this
section shall not exceed the amount necessary to recover costs
incurred in connection with the issuance, administration, reviewing,
monitoring, and enforcement of permits for the use of advanced
treated purified water.
(d) Recoverable costs may include, but are not limited to, costs
incurred in reviewing monitoring reports; prescribing permit terms
and monitoring requirements; enforcing and evaluating compliance with
permits; analyzing laboratory samples; reviewing documents prepared
for the purpose of regulating the use of advanced treated purified
water; development of uniform criteria for potable and nonpotable
uses pursuant to Article 1 (commencing with Section 18020) and
Article 2 (commencing with Section 18030) of Chapter 3 of Division 8
of the Water Code; and administrative costs incurred in connection
with carrying out these actions.
(e) The fee paid to the department for any permit for an advanced
treated purified water project shall not exceed twenty-five thousand
dollars ($25,000) per year.
26303. The department shall not issue a permit to a public water
system or amend a valid existing permit for a raw water augmentation
project utilizing advanced treated purified water unless the
department does all of the following:
(a) Performs an engineering evaluation that evaluates the proposed
treatment technology and finds that the proposed technology will
ensure that the advanced treated purified water meets or exceeds all
applicable primary and secondary drinking water standards and poses
no significant threat to public health.
(b) Holds at least three duly noticed public hearings in the area
where the advanced treated purified water is proposed to be used or
supplied for human consumption to receive testimony from the public
and the regional board on that proposed use. The department shall
make available to the public, not less than 10 days prior to the date
of the first hearing held pursuant to this subdivision, the
evaluations and findings made pursuant to subdivision (a).
SEC. 6. Article 10.9 (commencing with Section 65601) of Chapter 3
of Division 1 of Title 7 of the Government Code is repealed.
SEC. 7. Section 1502 of the Public Utilities Code is amended to
read:
1502. (a) As used in this chapter, "political subdivision" means
a county, city and county, city, municipal water district, county
water district, irrigation district, public utility district,
California water district, or any other public corporation.
(b) As used in this chapter, "service area" means an area served
by a privately owned public utility in which the facilities have been
dedicated to public use and in which territory the utility is
required to render service to the public.
(c) As used in this chapter, "operating system" means an
integrated water system for the supply of water to a service area of
a privately owned public utility.
(d) As used in this chapter, "private utility" means a privately
owned public utility providing a water service.
(e) As used in this chapter, "type of service" means, among other
things, domestic, commercial, industrial, fire protection, wholesale,
or irrigation service.
(f) As used in this chapter, "reclaimed water" means
reclaimed recycled water as defined in Section
13050 of the Water Code.
(g) As used in this chapter, "private use" means an entity's use
of its own reclaimed water.
SEC. 8. Chapter 6 (commencing with Section 460) of Division 1 of
the Water Code is repealed.
SEC. 9. Section 1058.5 of the Water Code is amended to read:
1058.5. (a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
(1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion, of water, to promote wastewater reclamation
water recycling , or to promote water
conservation.
(2) The emergency regulation is adopted in response to conditions
which exist, or are threatened, in a critically dry year immediately
preceded by two or more consecutive dry or critically dry years.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, any findings of emergency adopted by the board, in connection
with the adoption of an emergency regulation to which this section
applies, are not subject to review by the Office of Administrative
Law.
(c) Any emergency regulation adopted by the board to which this
section applies may remain in effect for up to 270 days, as
determined by the board, and is deemed repealed immediately upon a
finding by the board that due to changed conditions it is no longer
necessary for the regulation to remain in effect.
SEC. 10. Section 10616.5 of the Water Code is amended to read:
10616.5. "Recycled "Recycled water"
means the reclamation and reuse of wastewater for
beneficial use has the same meaning as defined in
subdivision (n) of Section 13050 .
SEC. 11. Section 13050 of the Water Code is amended to read:
13050. As used in this division:
(a) "State board" means the State Water Resources Control Board.
(b) "Regional board" means any California regional water quality
control board for a region as specified in Section 13200.
(c) "Person" includes any city, county, district, the state, and
the United States, to the extent authorized by federal law.
(d) "Waste" includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation, including waste
placed within containers of whatever nature prior to, and for
purposes of, disposal.
(e) "Waters of the state" means any surface water or groundwater,
including saline waters, within the boundaries of the state.
(f) "Beneficial uses" of the waters of the state that may be
protected against quality degradation include, but are not limited
to, domestic, municipal, agricultural and industrial supply; power
generation; recreation; aesthetic enjoyment; navigation; and
preservation and enhancement of fish, wildlife, and other aquatic
resources or preserves.
(g) "Quality of the water" refers to chemical, physical,
biological, bacteriological, radiological, and other properties and
characteristics of water which affect its use.
(h) "Water quality objectives" means the limits or levels of water
quality constituents or characteristics which are established for
the reasonable protection of beneficial uses of water or the
prevention of nuisance within a specific area.
(i) "Water quality control" means the regulation of any activity
or factor which may affect the quality of the waters of the state and
includes the prevention and correction of water pollution and
nuisance.
(j) "Water quality control plan" consists of a designation or
establishment for the waters within a specified area of all of the
following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality
objectives.
(k) "Contamination" means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
"Contamination" includes any equivalent effect resulting from the
disposal of waste, whether or not waters of the state are affected.
( l ) (1) "Pollution" means an alteration of the
quality of the waters of the state by waste to a degree which
unreasonably affects either of the following:
(A) The waters for beneficial uses.
(B) Facilities which serve these beneficial uses.
(2) "Pollution" may include "contamination."
(m) "Nuisance" means anything which meets all of the following
requirements:
(1) Is injurious to health, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property.
(2) Affects at the same time an entire community or neighborhood,
or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
(3) Occurs during, or as a result of, the treatment or disposal of
wastes.
(n) "Recycled water" means water which, as a result of treatment
of waste, is suitable for a direct beneficial use or a controlled use
that would not otherwise occur and is therefor considered a valuable
resource. Recycled water includes recycled water as defined in
Section 18005 of the Water Code.
(o) "Citizen or domiciliary" of the state includes a foreign
corporation having substantial business contacts in the state or
which is subject to service of process in this state.
(p) (1) "Hazardous substance" means either of the following:
(A) For discharge to surface waters, any substance determined to
be a hazardous substance pursuant to Section 311(b)(2) of the Federal
Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
(B) For discharge to groundwater, any substance listed as a
hazardous waste or hazardous material pursuant to Section 25140 of
the Health and Safety Code, without regard to whether the substance
is intended to be used, reused, or discarded, except that "hazardous
substance" does not include any substance excluded from Section 311
(b)(2) of the Federal Water Pollution Control Act because it is
within the scope of Section 311(a)(1) of that act.
(2) "Hazardous substance" does not include any of the following:
(A) Nontoxic, nonflammable, and noncorrosive stormwater runoff
drained from underground vaults, chambers, or manholes into gutters
or storm sewers.
(B) Any pesticide which is applied for agricultural purposes or is
applied in accordance with a cooperative agreement authorized by
Section 116180 of the Health and Safety Code, and is not discharged
accidentally or for purposes of disposal, the application of which is
in compliance with all applicable state and federal laws and
regulations.
(C) Any discharge to surface water of a quantity less than a
reportable quantity as determined by regulations issued pursuant to
Section 311(b)(4) of the Federal Water Pollution Control Act.
(D) Any discharge to land which results, or probably will result,
in a discharge to groundwater if the amount of the discharge to land
is less than a reportable quantity, as determined by regulations
adopted pursuant to Section 13271, for substances listed as hazardous
pursuant to Section 25140 of the Health and Safety Code. No
discharge shall be deemed a discharge of a reportable quantity until
regulations set a reportable quantity for the substance discharged.
(q) (1) "Mining waste" means all solid, semisolid, and liquid
waste materials from the extraction, beneficiation, and processing of
ores and minerals. Mining waste includes, but is not limited to,
soil, waste rock, and overburden, as defined in Section 2732 of the
Public Resources Code, and tailings, slag, and other processed waste
materials, including cementitious materials that are managed at the
cement manufacturing facility where the materials were generated.
(2) For the purposes of this subdivision, "cementitious material"
means cement, cement kiln dust, clinker, and clinker dust.
(r) "Master recycling permit" means a permit issued to a supplier
or a distributor, or both, of recycled water, that includes waste
discharge requirements prescribed pursuant to Section 13263 and water
recycling requirements prescribed pursuant to Section 13523.1.
SEC. 12. Section 13260 of the Water Code is amended to read:
13260. (a) Each of the following persons shall file with the
appropriate regional board a report of the discharge, containing the
information that may be required by the regional board:
(1) A person discharging waste, or proposing to discharge waste,
within any region that could affect the quality of the waters of the
state, other than into a community sewer system.
(2) A person who is a citizen, domiciliary, or political agency or
entity of this state discharging waste, or proposing to discharge
waste, outside the boundaries of the state in a manner that could
affect the quality of the waters of the state within any region.
(3) A person operating, or proposing to construct, an injection
well.
(b) No report of waste discharge need be filed pursuant to
subdivision (a) if the requirement is waived pursuant to Section
13269.
(c) Each person subject to subdivision (a) shall file with the
appropriate regional board a report of waste discharge relative to
any material change or proposed change in the character, location, or
volume of the discharge.
(d) (1) (A) Each person who is subject to subdivision (a) or (c)
shall submit an annual fee according to a fee schedule established by
the state board.
(B) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing,
monitoring, and enforcement of waste discharge requirements and
waivers of waste discharge requirements.
(C) Recoverable costs may include, but are not limited to, costs
incurred in reviewing waste discharge reports, prescribing terms of
waste discharge requirements and monitoring requirements, enforcing
and evaluating compliance with waste discharge requirements and
waiver requirements, conducting surface water and groundwater
monitoring and modeling, analyzing laboratory samples, adopting,
reviewing, and revising water quality control plans and state
policies for water quality control, and reviewing documents prepared
for the purpose of regulating the discharge of waste, and
administrative costs incurred in connection with carrying out these
actions.
(D) In establishing the amount of a fee that may be imposed on a
confined animal feeding and holding operation pursuant to this
section, including, but not limited to, a dairy farm, the state board
shall consider all of the following factors:
(i) The size of the operation.
(ii) Whether the operation has been issued a permit to operate
pursuant to Section 1342 of Title 33 of the United States Code.
(iii) Any applicable waste discharge requirement or conditional
waiver of a waste discharge requirement.
(iv) The type and amount of discharge from the operation.
(v) The pricing mechanism of the commodity produced.
(vi) Any compliance costs borne by the operation pursuant to state
and federal water quality regulations.
(vii) Whether the operation participates in a quality assurance
program certified by a regional water quality control board, the
state board, or a federal water quality control agency.
(2) (A) Subject to subparagraph (B), the fees collected pursuant
to this section shall be deposited in the Waste Discharge Permit
Fund, which is hereby created. The money in the fund is available for
expenditure by the state board, upon appropriation by the
Legislature, solely for the purposes of carrying out this division.
(B) (i) Notwithstanding subparagraph (A), the fees collected
pursuant to this section from stormwater dischargers that are subject
to a general industrial or construction stormwater permit under the
national pollutant discharge elimination system (NPDES) shall be
separately accounted for in the Waste Discharge Permit Fund.
(ii) Not less than 50 percent of the money in the Waste Discharge
Permit Fund that is separately accounted for pursuant to clause (i)
is available, upon appropriation by the Legislature, for expenditure
by the regional board with jurisdiction over the permitted industry
or construction site that generated the fee to carry out stormwater
programs in the region.
(iii) Each regional board that receives money pursuant to clause
(ii) shall spend not less than 50 percent of that money solely on
stormwater inspection and regulatory compliance issues associated
with industrial and construction stormwater programs.
(3) A person who would be required to pay the annual fee
prescribed by paragraph (1) for waste discharge requirements
applicable to discharges of solid waste, as defined in Section 40191
of the Public Resources Code, at a waste management unit that is also
regulated under Division 30 (commencing with Section 40000) of the
Public Resources Code, shall be entitled to a waiver of the annual
fee for the discharge of solid waste at the waste management unit
imposed by paragraph (1) upon verification by the state board of
payment of the fee imposed by Section 48000 of the Public Resources
Code, and provided that the fee established pursuant to Section 48000
of the Public Resources Code generates revenues sufficient to fund
the programs specified in Section 48004 of the Public Resources Code
and the amount appropriated by the Legislature for those purposes is
not reduced.
(e) Each person that discharges waste in a manner regulated by
this section shall pay an annual fee to the state board. The state
board shall establish, by regulation, a timetable for the payment of
the annual fee. If the state board or a regional board determines
that the discharge will not affect, or have the potential to affect,
the quality of the waters of the state, all or part of the annual fee
shall be refunded.
(f) (1) The state board shall adopt, by emergency regulations, a
schedule of fees authorized under subdivision (d). The total revenue
collected each year through annual fees shall be set at an amount
equal to the revenue levels set forth in the Budget Act for this
activity. The state board shall automatically adjust the annual fees
each fiscal year to conform with the revenue levels set forth in the
Budget Act for this activity. If the state board determines that the
revenue collected during the preceding year was greater than, or less
than, the revenue levels set forth in the Budget Act, the state
board may further adjust the annual fees to compensate for the over
and under collection of revenue.
(2) The emergency regulations adopted pursuant to this
subdivision, any amendment thereto, or subsequent adjustments to the
annual fees, shall be adopted by the state board in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The adoption of these regulations
is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, any emergency regulations adopted
by the state board, or adjustments to the annual fees made by the
state board pursuant to this section, shall not be subject to review
by the Office of Administrative Law and shall remain in effect until
revised by the state board.
(g) The state board shall adopt regulations setting forth
reasonable time limits within which the regional board shall
determine the adequacy of a report of waste discharge submitted under
this section.
(h) Each report submitted under this section shall be sworn to, or
submitted under penalty of perjury.
(i) The regulations adopted by the state board pursuant to
subdivision (f) shall include a provision that annual fees shall not
be imposed on those who pay fees under the national pollutant
discharge elimination system until the time when those fees are again
due, at which time the fees shall become due on an annual basis.
(j) A person operating or proposing to construct an oil, gas, or
geothermal injection well subject to paragraph (3) of subdivision (a)
shall not be required to pay a fee pursuant to subdivision (d) if
the injection well is regulated by the Division of Oil and Gas of the
Department of Conservation, in lieu of the appropriate California
regional water quality control board, pursuant to the memorandum of
understanding, entered into between the state board and the
Department of Conservation on May 19, 1988. This subdivision shall
remain operative until the memorandum of understanding is revoked by
the state board or the Department of Conservation.
(k) In addition to the report
required by subdivision (a), before a person discharges mining waste,
the person shall first submit both of the following to the regional
board:
(1) A report on the physical and chemical characteristics of the
waste that could affect its potential to cause pollution or
contamination. The report shall include the results of all tests
required by regulations adopted by the board, any test adopted by the
Department of Toxic Substances Control pursuant to Section 25141 of
the Health and Safety Code for extractable, persistent, and
bioaccumulative toxic substances in a waste or other material, and
any other tests that the state board or regional board may require,
including, but not limited to, tests needed to determine the
acid-generating potential of the mining waste or the extent to which
hazardous substances may persist in the waste after disposal.
(2) A report that evaluates the potential of the discharge of the
mining waste to produce, over the long term, acid mine drainage, the
discharge or leaching of heavy metals, or the release of other
hazardous substances.
(l) Except upon the written request of the regional board, a
report of waste discharge need not be filed pursuant to subdivision
(a) or (c) by a user of recycled water that is being supplied by a
supplier or distributor of recycled water for whom a master recycling
permit has been issued pursuant to Section 13523.1.
SEC. 13. Section 13263 of the Water Code is amended to read:
13263. (a) The regional board, after any necessary hearing, shall
prescribe requirements as to the nature of any proposed discharge,
existing discharge, or material change in an existing discharge,
except discharges into a community sewer system, with relation to the
conditions existing in the disposal area or receiving waters upon,
or into which, the discharge is made or proposed. The requirements
shall implement any relevant water quality control plans that have
been adopted, and shall take into consideration the beneficial uses
to be protected, the water quality objectives reasonably required for
that purpose, other waste discharges, the need to prevent nuisance,
and the provisions of Section 13241.
(b) A regional board, in prescribing requirements, need not
authorize the utilization of the full waste assimilation capacities
of the receiving waters.
(c) The requirements may contain a time schedule, subject to
revision in the discretion of the board.
(d) The regional board may prescribe requirements although no
discharge report has been filed.
(e) Upon application by any affected person, or on its own motion,
the regional board may review and revise requirements. All
requirements shall be reviewed periodically.
(f) The regional board shall notify in writing the person making
or proposing the discharge or the change therein of the discharge
requirements to be met. After receipt of the notice, the person so
notified shall provide adequate means to meet the requirements.
(g) No discharge of waste into the waters of the state, whether or
not the discharge is made pursuant to waste discharge requirements,
shall create a vested right to continue the discharge. All discharges
of waste into waters of the state are privileges, not rights.
(h) The regional board may incorporate the requirements prescribed
pursuant to this section into a master recycling permit for either a
supplier or distributor, or both, of recycled water.
(i)
(h) The state board or a regional board may prescribe
general waste discharge requirements for a category of discharges if
the state board or that regional board finds or determines that all
of the following criteria apply to the discharges in that category:
(1) The discharges are produced by the same or similar operations.
(2) The discharges involve the same or similar types of waste.
(3) The discharges require the same or similar treatment
standards.
(4) The discharges are more appropriately regulated under general
discharge requirements than individual discharge requirements.
(j)
(i) The state board, after any necessary hearing, may
prescribe waste discharge requirements in accordance with this
section.
SEC. 14. Section 13271 of the Water Code is amended to read:
13271. (a) (1) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
hazardous substance or sewage to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(A) that person has knowledge of the discharge, (B) notification is
possible, and (C) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
California Emergency Management Agency of the discharge in accordance
with the spill reporting provision of the state toxic disaster
contingency plan adopted pursuant to Article 3.7 (commencing with
Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(2) The California Emergency Management Agency shall immediately
notify the appropriate regional board, the local health officer, and
the director of environmental health of the discharge. The regional
board shall notify the state board as appropriate.
(3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the public
is required to safeguard public health and safety. If so, the local
health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices or
other appropriate means. The notification shall describe measures to
be taken by the public to protect the public health.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment in a
county jail for not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section. The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to groundwater or surface
water. Regulations need not set reportable quantities on all listed
substances at the same time. Regulations establishing reportable
quantities shall not supersede waste discharge requirements or water
quality objectives adopted pursuant to this division, and shall not
supersede or affect in any way the list, criteria, and guidelines for
the identification of hazardous wastes and extremely hazardous
wastes adopted by the Department of Toxic Substances Control pursuant
to Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code. The regulations of the Environmental
Protection Agency for reportable quantities of hazardous substances
for purposes of the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42
U.S.C. Sec. 9601 et seq.) shall be in effect for purposes of the
enforcement of this section until the time that the regulations
required by this subdivision are adopted.
(f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to groundwater or surface water. Regulations establishing
reportable quantities shall not supersede waste discharge
requirements or water quality objectives adopted pursuant to this
division. For purposes of this section, "sewage" means the effluent
of a municipal wastewater treatment plant or a private utility
wastewater treatment plant, as those terms are defined in Section
13625, except that sewage does not include recycled water, as defined
in subdivisions (c) and (d) of Section 13529.2
Section 18005 .
(2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
(g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When notifying
the California Emergency Management Agency, the person shall include
all of the notification information required in the permit.
(h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (e).
(i) Notification under this section does not nullify a person's
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.
SEC. 15. Chapter 7 (commencing with Section 13500) of Division 7
of the Water Code is repealed.
SEC. 16. Chapter 7 (commencing with Section 13500) is added to
Division 7 of the Water Code, to read:
CHAPTER 7. WASTE WELLS
13500. (a) A person shall not construct, maintain, or use any
waste well extending to or into a subterranean water-bearing stratum
that is used or intended to be used as, or is suitable for, a source
of water supply for domestic purposes.
(b) As used in this chapter, "waste well" includes any hole dug or
drilled into the ground, used, or intended to be used for the
disposal of waste.
SEC. 17. Chapter 7.3 (commencing with Section 13560) of Division 7
of the Water Code is repealed.
SEC. 18. Chapter 7.5 (commencing with Section 13575) of Division 7
of the Water Code is repealed.
SEC. 19. Division 8 (commencing with Section 18000) is added to
the Water Code, to read:
DIVISION 8. Water Recycling
CHAPTER 1. GENERAL
Article 1. Short Title
18000. This division shall be known and may be cited as the Water
Recycling Act of 2012.
Article 2. Findings and Declarations
18001. The Legislature hereby finds and declares all of the
following:
(a) The State of California is subject to periodic drought
conditions, and the development of traditional water resources in
California has not kept pace with the state's growing population.
(b) The people of the state have a primary interest in the
development of new basic water supplies, as that term is used in
Chapter 5 (commencing with Section 12880) of Part 6 of Division 6,
including maximizing recycled water use to supplement existing water
supplies and to minimize the impacts of growing demand for new water
on sensitive natural water bodies. As such, the state is to encourage
development of water recycling facilities so that recycled water may
be made available to help meet the water requirements of the state.
(c) Recycled water has been beneficially used in the state since
19__, and proven to be a safe, cost-effective, and reliable method of
helping to meet California's water supply needs.
(d) A substantial portion of the future water requirements of this
state may be economically met by the beneficial use of recycled
water. Recycled water is a key and necessary component for California'
s long-term reliable water supply, and complements demand management,
improvements in efficiency, and supply augmentation strategies.
(e) The benefits of using recycled water include, but are not
limited to, a reduced demand for water in the Sacramento-San Joaquin
Delta that is otherwise needed to maintain water quality; reduced
discharges of waste into inland surface waters and the ocean; the
enhancement and protection of groundwater basins, recreation,
fisheries, wetlands, and riparian areas; a reduction in greenhouse
gas emissions; the protection of investments in agriculture,
greenbelts, and recreation; the provision of jobs; and enhancement of
the state's economy through the development and implementation of
recycled water projects.
(f) In accordance with Section 2 of Article X of the California
Constitution, in order to put the water resources of the state to
beneficial use to the fullest extent of which they are capable, the
use of potable water or raw water from a natural stream or water
course in this state is unreasonable and a waste of such water where
recycled water is reasonably available in accordance with this
division for the beneficial use to be served. Any use of recycled
water in lieu of water suitable for potable domestic use is, to the
extent of the recycled water so used, deemed to constitute a
reasonable beneficial use of water, and the use of recycled water
shall not cause any loss or diminution of any existing water right.
(g) The state board is charged with permitting the diversion of
surface water for beneficial use, pursuant to Part 2 (commencing with
Section 1200) of Division 2. This authority is separate and distinct
from the state board's authority to regulate water quality pursuant
to Division 7 (commencing with Section 13000).
(h) The department establishes uniform water recycling criteria
for each varying type of use of recycled water where the use involves
the protection of public health.
(i) Recycled water can be produced using different levels of
treatment, as necessary and appropriate for the beneficial use to be
made, and for the protection of public health and the environment.
(j) The use of recycled water in accordance with this division is
presumed not to have adverse impacts on public health, the
environment, or on the protection of beneficial uses, and to meet
applicable water quality objectives in the basin plans adopted by the
state board and regional boards.
(k) The impoundment of recycled water can augment surface storage
capability, thereby increasing the quantity of recycled water that
can be applied to beneficial uses, and can also reduce the
unnecessary use of potable water to fill impoundments.
(l) It is the intent of the Legislature that the provisions of
this division shall be construed to encourage the development by
local public agencies and water suppliers of recycled water and its
potential for use as a water source consistent with the goals of
Chapter 3 (commencing with Section 10608) of Part 2.55 of Division 6.
(m) It is the intent of the Legislature to establish a clear
statutory framework for the permitting and regulation of recycled
water. This division shall fully cover the requirements, permitting,
and enforcement applicable to recycled water other than advanced
treated purified water. Advanced treated purified water, as defined
in this division, shall be permitted as a source of supply in
accordance with Section ____ of the Health and Safety Code. The
recycling of water, the supply, storage, or use of recycled water in
accordance with the requirements of this division shall not be
considered a discharge of waste or sewage for purposes of Section
13264 or 13271, or a nuisance, except as provided in this division.
Article 3. Definitions
18005. As used in this division:
(a) "Recycled water" means ____.
(b) ____.
CHAPTER 2. RECYCLING GOALS
18010. This division establishes a statewide goal to recycle a
total of 1.5 million acre-feet of water per year by the year 2020 and
2.5 million acre-feet of water per year by the year 2030. The state
board and regional boards, the department, the Public Utilities
Commission, the Department of Water Resources, and other state
agencies shall exercise the authority and discretion granted to them
by the Legislature to encourage the use of recycled water and meet
the goals of this division.
CHAPTER 3. USES OF RECYCLED WATER
Article 1. Uniform Water Recycling Criteria for Nonpotable
Uses
18020. The department shall establish and maintain uniform water
recycling criteria for each varying type of nonpotable use of
recycled water where the use involves protection of public health.
Article 2. Uniform Criteria for Potable Uses
18030. The Legislature finds and declares the following:
The use of recycled water for potable reuse is critical to
achieving the state's water recycling goals established in Section
18010 for increased use of recycled water in the state.
18032. (a) (1) The department shall investigate and report to the
Legislature on the feasibility of developing uniform criteria for
direct potable reuse.
(2) The department shall complete a public review draft of its
report by June 30, 2016. The department shall provide the public not
less than 45 days to review and comment on the public review draft.
(3) The department shall provide a final report to the Legislature
by December 31, 2016. The department shall make the final report
available to the public.
(b) In conducting the investigation pursuant to subdivision (a),
the department shall examine all of the following:
(1) The availability and reliability of recycled water treatment
technologies necessary to ensure the protection of public health.
(2) Multiple barriers and sequential treatment processes that may
be appropriate at wastewater and water treatment facilities.
(3) Available information on health effects.
(4) Mechanisms that should be employed to protect the public
health if problems are found in recycled water that is being served
to the public as a potable water supply, including, but not limited
to, the failure of treatment systems at the wastewater or water
treatment facility.
(5) Monitoring needed to ensure protection of public health,
including, but not limited to, the identification of appropriate
indicator and surrogate constituents.
(6) Any other scientific or technical issues that the department
determines to be necessary, including, but not limited to, the need
for additional research.
(c) (1) Notwithstanding Section 10231.5 of the Government Code,
the requirement for submitting a report imposed under paragraph (3)
of subdivision (a) is inoperative on December 31, 2020.
(2) A report to be submitted pursuant to paragraph (3) of
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.
Article 3. Nonpotable Uses of Recycled Water
18040. (a) The use of potable water for nonpotable uses,
including, but not limited to, toilet and urinal flushing in
structures, cemeteries, golf courses, parks, highway landscaped
areas, irrigation of residential landscaping, floor trap priming,
cooling towers, air conditioning devices, and other industrial and
irrigation uses, is a waste or an unreasonable use of the water
within the meaning of Section 2 of Article X of the California
Constitution if recycled water meeting all of the following
conditions is available, as determined by the state board or regional
board, after notice to any person or entity who may be ordered to
use recycled water or to cease using potable water:
(1) The source of recycled water is of adequate quality for
nonpotable uses and is available for these uses. In determining
adequate quality, the state board or regional board shall consider
all relevant factors, including, but not limited to, food and
employee safety, and level and types of specific constituents in the
recycled water affecting these uses, on a user-by-user basis.
(2) The recycled water may be furnished for nonpotable uses at a
reasonable cost to the user. In determining reasonable cost, the
state board or regional board shall consider all relevant factors,
including, but not limited to, the present and projected costs of
supplying, delivering, and treating potable water for these uses and
the present and projected costs of supplying and delivering recycled
water for these uses, and shall find that the cost of supplying the
treated recycled water is comparable to, or less than, the cost of
supplying potable water.
(3) After concurrence with the department, the use of recycled
water from the proposed source will not be detrimental to the public
health.
(4) The use of recycled water for these uses will not adversely
affect downstream water rights, will not degrade water quality, and
is determined not to be injurious to plantlife, fish, and wildlife.
(b) In making the determination pursuant to subdivision (a), the
state board or regional board shall consider the impact of the cost
and quality of the nonpotable water on each individual user.
(c) The state board or regional board may require a public agency
or person subject to this article to furnish information which the
state board or regional board determines to be relevant to making the
determination required in subdivision (a).
18041. (a) The state or any local public agency, may require the
use of recycled water for irrigation of residential landscaping, if
all of the following requirements are met:
(1) The use of recycled water does not cause any loss or
diminution of any existing water right.
(2) The irrigation systems are constructed in accordance with
Chapter 3 (commencing with Section 60301) of Division 4 of Title 22
of the California Code of Regulations.
(b) This section applies to both of the following:
(1) Any existing approved use that is retrofitted to receive
recycled water.
(2) Any new use that is permitted or begins construction after
January 1, 2013.
18042. (a) The state or any local public agency may require the
use of recycled water in floor trap priming, cooling towers, and
air-conditioning devices, if both of the following requirements are
met:
(1) The use of recycled water does not cause any loss or
diminution of any existing water right.
(2) If public exposure to aerosols, mist, or spray may occur,
appropriate mist mitigation or mist control is provided, such as the
use of mist arrestors or the addition of biocides to the water in
accordance with criteria established pursuant to Section ____.
(b) This section applies to both of the following:
(1) New industrial facilities and subdivisions for which the
building permit is issued on or after January 1, 2013, or, if a
building permit is not required, new structures for which
construction begins on or after January 1, 2013, for which the
department has approved the use of recycled water.
(2) Any structure that is retrofitted to permit the use of
recycled water for floor traps, cooling towers, or air-conditioning
devices, for which the department has approved the use of recycled
water.
18043. (a) The state or any local public agency may require the
use of recycled water for toilet and urinal flushing in structures,
except a mental hospital or other facility operated by a public
agency for the treatment of persons with mental disorders, if all of
the following requirements are met:
(1) The use of recycled water does not cause any loss or
diminution of any existing water right.
(2) The public agency has prepared an engineering report pursuant
to Section 60323 of Title 22 of the California Code of Regulations
that includes plumbing design, cross-connection control, and
monitoring requirements for the use site, which are in compliance
with criteria established pursuant to Section ____.
(b) Recycled water may be used in condominiums for toilet and
urinal flushing, subject to all of the following additional
conditions:
(1) For any condominium, the lease or condominium's declaration,
as defined in Section 1351 of the Civil Code, shall provide that the
laws and regulations governing recycled water apply, shall not permit
any exceptions to those laws and regulations, shall incorporate the
report described in subdivision (a), and shall contain the following
statement:
"NOTICE OF USE OF RECYCLED WATER
This property is approved by the State Department of Public Health
for the use of recycled water for toilet and urinal flushing. This
water is not potable, is not suitable for indoor purposes other than
toilet and urinal flushing purposes, and requires dual plumbing.
Alterations and modifications to the plumbing system require a permit
and are prohibited without first consulting with the appropriate
local building code enforcement agency and your property management
company or homeowners' association to ensure that the recycled water
is not mixed with the drinking water."
(2) That each project will be tested by the recycled water agency
or the responsible local agency at least once every four years to
ensure that there are no indications of a possible cross connection
between the condominium's potable and nonpotable systems.
(3) The recycled water agency or the responsible local agency
shall maintain records of all tests and annual inspections conducted.
Article 4. Exemptions from Environmental Quality Act
18050. Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to any project that involves only the
retrofit of existing plumbing systems to accommodate the use of
recycled water.
Article 5. Special Provisions
18060. (a) The Legislature hereby finds and declares that certain
coastal areas of the state have been using sea water to flush
toilets and urinals as a means of conserving potable water; that this
practice precludes the beneficial reuse of treated wastewater and
has had a deleterious effect on the proper wastewater treatment
process, and has led to corrosion of the sea water distribution
pipelines and wastewater collection systems; that this
situation must be changed; and that the
use of recycled water in residential buildings for toilet and urinal
flushing does not pose a threat to public health and safety.
(b) Any public agency, including a state agency, city, county,
city and county, district, or any other political subdivision of the
state, that is providing a separate distribution system for sea water
for use in flushing toilets and urinals in residential structures
may, by ordinance or regulation, as appropriate, authorize the use of
recycled water for the flushing of toilets and urinals in
residential structures if the level of treatment and the use of the
recycled water meets the criteria set by the department.
CHAPTER 4. PLANNING FOR RECYCLED WATER
Article 1. Installation of Dual Piping for Irrigation
18100. (a) If a recycled water producer determines that within 10
years the recycled water producer proposes to provide recycled water
for use for state landscape irrigation that meets all of the
conditions set forth in Section 18040, the recycled water producer
shall so notify the Department of Transportation and the Department
of General Services, and shall identify in the notice the area that
is eligible to receive the recycled water, and the necessary
infrastructure that the recycled water producer or the retail water
supplier proposes to provide, to facilitate delivery of the recycled
water.
(b) If notice has been provided pursuant to subdivision (a), all
pipe installed by the Department of Transportation or the Department
of General Services for landscape irrigation within the identified
area shall be of the type necessary to meet the requirements of
Section 116815 of the Health and Safety Code and applicable
regulations.
Article 2. Studies Related to Recycled Water
18110. The Department of Water Resources shall conduct studies
and investigations on the availability and quality of wastewater and
the uses of recycled water for beneficial purposes, including, but
not limited to, groundwater recharge, municipal and industrial use,
irrigation use, and cooling for thermal electric powerplants.
18111. The Department of Water Resources shall study and
investigate the technology of the use of recycled water and further
the development of the technology of the recycling of water.
Article 3. Water Recycling in Landscaping Act
18120. If a recycled water producer determines that within 10
years the recycled water producer will provide recycled water within
the boundaries of a land use agency that meets all of the conditions
described in Section 18040, the recycled water producer shall notify
the land use agency of that fact and shall identify in the notice the
area that is eligible to receive the recycled water, and the
necessary infrastructure that the recycled water producer or retail
water supplier will provide to support delivery of the recycled
water.
18121. (a) Within 180 days of receipt of notification from a
recycled water producer pursuant to Section 18120, the land use
agency shall adopt and enforce a recycled water ordinance pursuant to
this chapter.
(b) The ordinance shall include, but not be limited to, provisions
that do all of the following:
(1) State that it is the policy of the land use agency that
recycled water determined to be available pursuant to Section 18040
shall be used for nonpotable uses within the designated recycled
water use area set forth by the land use agency when the local agency
determines that there is not an alternative higher or better use for
the recycled water, its use is economically justified, and its use
is financially and technically feasible for projects under
consideration by the land use agency.
(2) Designate the areas within the boundaries of the land use
agency that can or may in the future use recycled water, including,
but not limited to, existing urban areas in lieu of potable water.
(3) Establish general rules and regulations governing the use and
distribution of recycled water in accordance with applicable laws and
regulations.
(4) Establish that the use of the recycled water is determined to
be available pursuant to Section 18040 in new industrial, commercial,
or residential subdivisions located within the designated recycled
water use areas for which a tentative map or parcel map is required
pursuant to Section 66426 of the Government Code. These provisions
shall require a separate plumbing system to serve nonpotable uses in
the common areas of the subdivision, including, but not limited to,
golf courses, parks, greenbelts, landscaped streets, and landscaped
medians. The separate plumbing system to serve nonpotable uses shall
be independent of the plumbing system provided to serve domestic,
residential, and other potable water uses in the subdivision.
(5) Require that recycled water service shall not commence within
the designated recycled water use area in any service area of a
private utility, as defined in Section 1502 of the Public Utilities
Code, or to any service area of a public agency retail water supplier
that is not a local agency as defined in Section ____, except in
accordance with a written agreement between the recycled water
producer and the private utility or public agency retail water
supplier that shall be made available in a timely manner by the
recycled water producer to the land use agency adopting the ordinance
pursuant to this chapter.
18122. The recycled water ordinance adopted by a land use agency
pursuant to Section 18121 shall not apply to either of the following:
(a) A tentative map as defined in Section 66424.5 of the
Government Code, or a development, as defined in Section 65927 of the
Government Code, that was approved by the local agency prior to the
receipt of notification from a recycled water producer pursuant to
Section 18120.
(b) A subdivision map application that is deemed complete pursuant
to Section 65943 of the Government Code prior to the local agency's
receipt of a notice from a recycled water producer pursuant to
Section 18120.
18123. (a) This chapter shall not apply to any land use agency
that adopted a recycled water ordinance or other regulation requiring
the use of recycled water in its jurisdiction prior to January 1,
2001.
(b) This chapter does not alter any rights, remedies, or
obligations that may exist pursuant to Chapter 8.5 (commencing with
Section 1501) of Part 1 of Division 1 of the Public Utilities Code.
Article 4. Provisions Specific to Recycled Water Suppliers and
Retail
18130. In addition to any other authority provided in law, any
water supplier described in subdivision (b) of Section 1745 may
acquire, store, provide, sell, and deliver recycled water for any
beneficial use, including, but not limited to, municipal, industrial,
domestic, and irrigation uses, if the water use is in accordance
with the uniform criteria and regulations established pursuant to
this division or the uniform criteria for advanced treated purified
water established pursuant to Section ____.
18131. (a) Retail water suppliers shall identify potential uses
for recycled water within their service areas, potential customers
for recycled water service within their service areas, and, within a
reasonable time, potential sources of recycled water.
(b) Recycled water producers and recycled water wholesalers may
also identify potential uses for recycled water, and may assist
retail water suppliers in identifying potential customers for
recycled water service within the service areas of those retail water
suppliers.
(c) Recycled water producers, retail water suppliers, and entities
responsible for groundwater replenishment may cooperate in joint
technical, economic, and environmental studies, as appropriate, to
determine the feasibility of providing recycled water service and
recycled water for groundwater replenishment consistent with the
criteria set forth in paragraphs (1) to (3), inclusive, of
subdivision (a) of Section ____ and in accordance with Section 60320
of Title 22 of the California Code of Regulations.
18132. (a) A retail water supplier that has identified a
potential use or customer pursuant to Section 18131 may apply to a
recycled water producer or recycled water wholesaler for a recycled
water supply.
(b) A recycled water producer or recycled water wholesaler that
has identified a potential use or customer pursuant to Section 18131
may request, in writing, a retail water supplier to enter into an
agreement to provide recycled water to the potential customer.
(c) A customer may request, in writing, a retail water supplier to
enter into an agreement to provide recycled water to the customer.
(d) (1) An entity responsible for groundwater replenishment that
is a customer of a retail water supplier and that has identified the
potential use of recycled water for groundwater replenishment
purposes may, in writing, request that retail water supplier to enter
into an agreement to provide recycled water for that purpose. That
entity shall not obtain recycled water for that purpose from a
recycled water producer, a recycled water wholesaler, or another
retail water supplier without the agreement of the entity's retail
water supplier.
(2) An entity responsible for groundwater replenishment that is
not a customer of a retail water supplier and that has identified the
potential use of recycled water for groundwater replenishment
purposes may, in writing, request a retail water supplier, a recycled
water producer, or a recycled water wholesaler to enter into an
agreement to provide recycled water for that purpose.
18133. (a) (1) Subject to subdivision (e) of Section ____, a
retail water supplier that receives a request from a customer
pursuant to subdivision (c) of Section 18132 shall enter into an
agreement to provide recycled water, if recycled water is available,
or can be made available, to the retail water supplier for sale to
the customer.
(2) Notwithstanding paragraph (1), in accordance with a written
agreement between a recycled water producer or a recycled water
wholesaler and a retail water supplier, the retail water supplier may
delegate to a recycled water producer or a recycled water wholesaler
its responsibility under this section to provide recycled water.
(b) A customer shall not obtain recycled water from a recycled
water producer, a recycled water wholesaler, or a retail water
supplier other than the retail water supplier whose service area
includes the property to which the customer requests recycled water
delivery without the agreement of the retail water supplier for that
service area.
(c) If either a recycled water producer or a recycled water
wholesaler provides a customer of a retail water supplier with a
written statement that it can and will provide recycled water to the
retail water supplier, the retail water supplier shall, not later
than 120 days from the date on which the retail water supplier
receives the written statement from the customer, by certified mail,
return receipt requested, submit a written offer to the customer. A
determination of availability pursuant to Section ____ is not
required.
(d) If the state board, pursuant to Section ____, makes a
determination that there is available recycled water to serve a
customer of a retail water supplier, the retail water supplier, not
later than 120 days from the date on which the retail water supplier
receives a copy of that determination from the customer, by certified
mail, return receipt requested, shall submit a written offer to the
customer.
Article 5. Distribution of Recycled Water in Separate Purple
Pipelines
18140. (a) Water delivery systems on private property that could
deliver recycled water for nonpotable uses described in Section ____,
that are constructed on and after January 1, 1993, shall be designed
to ensure that the water to be used for potable uses is delivered,
from the point of entry to the private property to be served, in a
separate pipeline which is not used to deliver the recycled water.
(b) This section applies to water delivery systems on private
property constructed within either of the following jurisdictions:
(1) One that has an urban water management plan that includes the
intent to develop recycled water use.
(2) One that does not have an urban water management plan that
includes recycled water use, but that is within five miles of a
jurisdiction that does have an urban water management plan that
includes recycled water use, and has indicated a willingness to serve
the water delivery system.
(3) One that has received notice under Section ____.
(c) This section does not preempt local regulation of the delivery
of water for potable and nonpotable uses and any local governing
body may adopt requirements for water delivery systems on private
property that are more restrictive than the requirements of this
section.
18141. (a) All pipes installed above or below the ground, on and
after June 1, 1993, that are designed to carry recycled water, shall
be colored purple or distinctively wrapped with purple tape.
(b) Purple pipe shall be used solely for distribution of recycled
water or any combination of recycled water, potable water, and raw
water that the supplier may elect to use to supplement its recycled
water for operational reasons.
(c) Subdivision (a) shall apply only in areas served by a water
supplier delivering water for municipal and industrial purposes, and
shall not apply to any of the following:
(1) Municipal or industrial facilities that have established a
labeling or marking system for recycled water on their premises, as
otherwise required by a local agency, that clearly distinguishes
recycled water from potable water.
(2) Water delivered for agricultural use.
CHAPTER 5. PERMITTING OF RECYCLED WATER
Article 1. Authority
18200. (a) It is the intent of the Legislature that the
department permit potable reuse projects using advanced treated
purified water.
(b) It is the intent of the Legislature that the state board and
regional boards permit nonpotable reuse projects and potable reuse
projects using potable water other than advanced treated purified
water.
Article 2. Permits
18210. (a) A water recycling permit may be issued to a producer,
wholesaler, or supplier of recycled water, or a combination thereof
for multiple users of recycled water.
(b) A water recycling permit shall include the following:
(1) ____.
(2) ____.
(c) With regard to requirements related to the protection of the
public health, the state board and regional boards shall implement
the recommendations of the department.
(d) Where water recycling occurs within an area covered by a
municipal separate storm sewer permit issued pursuant to the federal
National Pollutant Discharge Elimination System, the state board and
regional water boards shall regulate incidental runoff to the extent
necessary as a low threat nonstorm water discharge under the
municipal separate storm sewer system permit.
(e) The state board and regional boards shall regulate filling and
storm-induced overflow of nonpotable surface water augmentation
reservoirs and other nonpotable impoundments on a case-by-case basis
as the state board or a regional board determines to be necessary to
avoid or minimize identified adverse impacts relating to the
individual impoundment that are not addressed by uniform criteria.
18211. (a) In lieu of issuing a water recycling permit to a
producer, wholesaler, or supplier of recycled water, general permits
may be issued that provide coverage to producers, wholesalers, or
suppliers, or a combination thereof.
(b) A general permit shall include requirements consistent with
those specified in Section 18210 for an individual water recycling
permit.
Article 3. Permit Application
18220. (a) Any recycled water producer, wholesaler, or supplier
of recycled water for nonpotable purposes for which uniform criteria
have been established shall file with the appropriate regional board
a report of intent to recycle water containing the following
information:
(1) ____.
(2) ____.
(3) ____.
(b) Every recycled water producer, wholesaler, or supplier of
recycled water shall file with the appropriate regional board a
report of any material change or proposed change in the character of
the recycled water or its use.
(c) Each report under this section shall be sworn to, or submitted
under penalty of perjury.
(d) This section shall not be construed so as to require any
report in the case of any producing, manufacturing, or processing
operation involving the recycling of water solely for use in the
producing, manufacturing, or processing operation.
18221. (a) Any person proposing a recycled water groundwater
recharge project as defined in this division, within any region and
in accordance with the uniform criteria, shall file with the
appropriate regional board a report of intent to recycle water
containing the following information:
(1) ____.
(2) ____.
(b) Every person recycling water or using recycled water subject
to this section shall file with the appropriate regional board a
report of any material change or proposed change in the character of
the recycled water or its use.
(c) Each report under this section shall be sworn to, or submitted
under penalty of perjury.
18222. The state board and each regional board shall consult with
and receive the recommendations of the department prior to
prescribing any water recycling permit as described in Section 18210
or a general permit as described in Section 18211.
18223. (a) The state board or the regional board, as applicable,
shall hold a public hearing for the adoption of any water recycling
permit as described in Section 18210 or a general permit as described
in Section 18211.
(b) The state board or the regional board, as applicable, shall
provide notice and a period of at least 30 days for public comment
prior to the adoption of any water recycling permit or general permit
for recycled water.
(c) The notification required by subdivision (b) may be provided
by mailing a draft of the water recycling permit or general permit to
each person who has requested notice of the specific item, or by
posting a draft of the respective requirements or order on the
official Internet site maintained by the state board or regional
board, and providing notice of that posting by electronic mail to
each person who has requested notice.
(d) This section does not require the state board or the regional
board to provide more than one notice or more than one public comment
period prior to the adoption of a water recycling permit or general
permit for recycled water.
18224. The state board and regional boards shall not deny
issuance of a water recycling permit or general permit for recycled
water to a project which causes or contributes to the exceedance of
only a salinity standard in the basin plan.
Article 4. Permit Fees
18230. (a) Each person who is subject to a water recycling permit
as described in Section 18210 or a general permit for recycled water
as described in Section 18211, shall submit an annual fee according
to a fee schedule established by the state board in conformance with
this section.
(b) The total amount of annual fees collected pursuant to this
section shall not exceed the amount necessary to recover costs
incurred in connection with the issuance, administration, reviewing,
monitoring, and enforcement of water recycling permits and general
permits for recycled water.
(c) Recoverable costs may include, but are not limited to, costs
incurred in reviewing monitoring reports; prescribing terms of water
recycling permits, general permits for recycled water, and monitoring
requirements; enforcing and evaluating compliance with water
recycling permits and general permits for recycled water; analyzing
laboratory samples; adopting, reviewing, and revising state policies
as relevant to water recycling; and reviewing documents prepared for
the purpose of regulating water recycling; and administrative costs
incurred in connection with carrying out these actions.
(d) The fees paid to the state board and department for any single
water recycling permit shall not exceed the amount necessary to
recover the recoverable costs reasonably attributed to the permit,
not to exceed ten thousand dollars ($10,000) per year per agency.
(e) Notwithstanding any other provision of law, the state board or
regional board may elect to charge no fee for water recycling
permits in order to encourage recycling, reduce discharges, and
enhance compliance with state and federal water quality laws.
CHAPTER 5.5. ADMINISTRATIVE AND JUDICIAL REVIEW
18300. An aggrieved person may petition the state board to review
any action or failure to act of a regional board pursuant to this
division in the same manner as provided for an action or failure to
act of a regional board pursuant to Division 7 (commencing with
Section 13000) in accordance with Section 13320. The petition may
include a request for stay of the water recycling permit or any
requirements thereof. A request for stay shall be subject to the
procedural requirements of Sections 13320 and 13321.
18301. A person aggrieved by a decision or order of a regional
board subject to review under Section ____ , or of a decision or
order of the state board pursuant to Section ____ , may obtain review
of the decision or order of the regional board or state board, as
appropriate, in the superior court in the same manner as provided for
review of a regional board or state board decision or order under
Division 7 (commencing with Section 13000) in the superior court in
accordance with the procedural requirements of Section 13330.
CHAPTER 6. MONITORING AND REPORTING
18350. (a) Any person who, without regard to intent or
negligence, causes or permits an unauthorized release of 50,000
gallons or more of tertiary recycled water, as defined in subdivision
(c), in or on any waters of the state, or causes or permits such
unauthorized release to occur where it has, or probably will, enter
any waters of the state, shall, as soon as (1) that person has
knowledge of the release, (2) notification is possible, and (3)
notification can be provided without substantially impeding cleanup
or other emergency measures, immediately notify the appropriate
regional board.
(b) For the purposes of this section, an unauthorized release
means a release of recycled water not authorized by a water recycling
permit pursuant to Section 18210, a general permit pursuant to
Section 18211, or any other provision of this division.
(c) For the purposes of this section, "tertiary recycled water"
means wastewater treated as "disinfected tertiary 2.2 recycled water,"
as defined or described by the department or wastewater receiving
advanced treatment beyond disinfected tertiary 2.2 recycled water
that is not advanced treated purified water.
(d) Incidental runoff shall be reported in accordance with this
section.
(e) Storm-induced overflow is not an unauthorized release.
18351. (a) Any person refusing or failing to provide the notice
required by Section 18350, or as required by a condition of a water
recycling permit or a general permit for recycled water requiring
notification of unauthorized releases of recycled water, may be
subject to administrative civil liability in an amount not to exceed
the following:
(1) For the first violation, or a subsequent violation occurring
more than 365 days from a previous violation, five thousand dollars
($5,000).
(2) For a second violation occurring within 365 days of a previous
violation, ten thousand dollars ($10,000).
(3) For a third or subsequent violation occurring within 365 days
of a previous violation, twenty-five thousand dollars ($25,000).
(b) The penalties in this section supplement, and shall not
supplant, any other provisions of law.
(c) Any penalties paid pursuant to this section shall be deposited
into the Water Recycling Research Fund established pursuant to
Section 18405.
CHAPTER 7. ENFORCEMENT
18400. (a) A person shall not serve or use recycled water for any
purpose for which uniform criteria have been established until a
water recycling permit or general permit has been established
pursuant to this division or the state board or applicable regional
board determines that no such requirements or permits are necessary.
(b) Upon the refusal or failure of any person or persons
producing, wholesaling, supplying, or using recycled water to comply
with subdivision (a), the Attorney General, at the request of the
regional board, shall petition the superior court for the issuance of
a temporary restraining order, preliminary injunction, or permanent
injunction, or combination thereof, as may be appropriate,
prohibiting forthwith any person or persons from violating or
threatening to violate the provisions of subdivision (a).
(c) Any person or persons producing, wholesaling, supplying, or
using recycled water in violation of subdivision (a), after the
violation has been called to his or her attention in writing by the
state board or regional board, is guilty of a misdemeanor. Each day
of production, wholesaling, supplying, or use of recycled water shall
constitute a separate offense.
18401. (a) Any executive officer of a regional board may issue a
complaint to any person on whom administrative civil liability may be
imposed pursuant to this part. The complaint shall allege the act or
failure to act that constitutes a violation of law, the provision of
law authorizing civil liability to be imposed pursuant to this part,
and the proposed civil liability.
(b) The complaint shall be served by certified mail or in
accordance with Article 3 (commencing with Section 415.10) and
Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5 of
Part 2 of the Code of Civil Procedure, and shall inform the party so
served that a hearing before the regional board shall be conducted
within 90 days after the party has been served. The person who has
been issued a complaint may waive the right to a hearing.
(c) In proceedings under this part for imposition of
administrative civil liability by the state board, the executive
director of the state board shall issue the complaint and any hearing
shall be before the state board, or before a member of the state
board in accordance with Section 183, and shall be conducted not
later than 90 days after the party has been served.
(d) Orders imposing administrative civil liability shall become
effective and final upon issuance thereof, and are not subject to
review by any court or agency except as provided by Sections ____.
Payment shall be made not later than 30 days from the date on which
the order is issued. The time for payment is extended during the
period in which a person who is subject to an order seeks review
under Section ____. Copies of these orders shall be served by
certified mail or in accordance with Article 3 (commencing with
Section 415.10) and Article 4 (commencing with Section 416.10) of
Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure upon
the party served with the complaint and shall be provided to other
persons who appeared at the hearing and requested a copy.
(e) Information relating to hearing waivers and the imposition of
administrative civil liability, as proposed to be imposed and as
finally imposed, under this section shall be made available to the
public by means of the Internet.
18402. No person shall be subject to both civil liability imposed
under this part and civil liability imposed by the superior court
under Section ____ for the same act or failure to act.
18403. In determining the amount of civil liability, the regional
board, and the state board upon review of any order pursuant to
Section ____, shall take into consideration the nature, circumstance,
extent, and gravity of the violation or violations, whether the
release is susceptible to cleanup or abatement, and, with respect to
the violator, the ability to pay, the effect on ability to continue
in business, any voluntary cleanup efforts undertaken, any prior
history of violations, the degree of culpability, economic benefit or
savings, if any, resulting from the violation, and other matters as
justice may require.
18404. After the time for judicial review under Section ____ has
expired, the state board may apply to the clerk of the appropriate
court in the county in which the civil liability or penalty was
imposed, for a judgment to collect the civil liability or penalty.
The application, which shall include a certified copy of the state
board or regional board action, constitutes a sufficient showing to
warrant issuance of the judgment. The court clerk shall enter the
judgment immediately in conformity with the application. The judgment
so entered has the same force and effect as, and is subject to all
the provisions of law relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the court
in which it is entered.
18405. (a) A person who (1) violates a cease and desist order or
cleanup and abatement order hereafter issued, reissued, or amended by
a regional board or the state board pursuant to this division, or
(2) in violation of a water recycling permit, waiver condition,
certification, or other order or prohibition issued, reissued, or
amended by a regional board or the state board pursuant to this
division, causes or permits recycled water to be used except in
accordance with a water recycling permit or other actions or
provisions of this division, including overflow of recycled water
that does not constitute storm-induced overflow as defined in this
division, shall be liable civilly, and remedies may be proposed, in
accordance with subdivision (c) or (d).
(b) A person shall not be liable under subdivision (a) if the
release is caused solely by any one or combination of the following:
(1) An act of war.
(2) An unanticipated grave natural disaster or other natural
phenomenon of an exceptional, inevitable, and irresistible character,
the effects of which could not have been prevented or avoided by the
exercise of due care or foresight.
(3) Negligence on the part of the state, the United States, or any
department or agency thereof. However, this paragraph shall not be
interpreted to provide the state, the United States, or any
department or agency thereof a defense to liability for any discharge
caused by its own negligence.
(4) An intentional act of a third party, the effects of which
could not have been prevented or avoided by the exercise of due care
or foresight.
(5) Any other circumstance or event that causes the discharge
despite the exercise of every reasonable precaution to prevent or
mitigate the discharge.
(c) The court may impose civil liability either on a daily basis
or on a per gallon basis, but not on both.
(1) The civil liability on a daily basis shall not exceed fifteen
thousand dollars ($15,000) for each day the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed
twenty dollars ($20) for each gallon of recycled water discharged.
(d) The state board or a regional board may impose civil liability
administratively pursuant to Section ____ either on a daily basis or
on a per gallon basis, but not on both.
(1) The civil liability on a daily basis shall not exceed five
thousand dollars ($5,000) for each day the violation occurs.
(A) When there is a release, and a cleanup and abatement order is
issued, except as provided in subdivision (f), the civil liability
shall not be less than five hundred dollars ($500) for each day in
which the release occurs and for each day the cleanup and abatement
order is violated.
(B) When there is no release, but an order issued by the regional
board is violated, except as provided in subdivision (f), the civil
liability shall not be less than one hundred dollars ($100) for each
day in which the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed ten
dollars ($10) for each gallon of recycled water released.
(e) A regional board shall not administratively impose civil
liability in accordance with Section ____ in an amount less than the
minimum amount specified, unless the regional board makes express
findings setting forth the reasons for its action based upon the
specific factors required to be considered pursuant to Section ____.
(f) The Attorney General, upon request of a regional board or the
state board, shall petition the superior court to impose, assess, and
recover the sums. Except in the case of a violation of a cease and
desist order, a regional board or the state board shall make the
request only after a hearing, with due notice of the hearing given to
all affected persons. In determining the amount to be imposed,
assessed, or recovered, the court shall be subject to Section ____.
(g) A person who incurs any liability established under this
section shall be entitled to contribution for that liability from a
third party, in an action in the superior court and upon proof that
the release was caused in whole or in part by an act or omission of
the third party, to the extent that the release is caused by the act
or omission of the third party, in accordance with the principles of
comparative fault.
(h) (1) The Legislature hereby establishes the Water Recycling
Research Fund.
(2) Notwithstanding any other law, all funds generated by the
imposition of liabilities pursuant to this section shall be deposited
into the Water Recycling Research Fund. These moneys shall be
separately accounted for, and shall be expended by the state board,
upon appropriation by the Legislature, to conduct or fund research
necessary to support the continued and safe use of recycled water in
the state.
18406. In determining the amount of civil liability to be imposed
pursuant to this chapter, the superior court shall take into
consideration the nature, circumstance, extent, and gravity of the
violation or violations, whether the release is susceptible to
cleanup or abatement, the degree of toxicity of the release, and,
with respect to the violator, the ability to pay, the effect on
ability to continue in business, any voluntary cleanup efforts
undertaken, any prior history of violations, the degree of
culpability, economic benefit or savings, if any, resulting from the
violation, and such other matters as justice may require.
18407. (a) If the department or a local health officer finds that
a contamination of potable water supplies exists as a result of the
use of recycled water, the department or local health officer shall
order the contamination abated in accordance with the procedure
provided for in Chapter 6 (commencing with Section 5400) of Part 3 of
Division 5 of the Health and Safety Code.
(b) The use of recycled water in accordance with the uniform
criteria, for the purpose of this section, does not cause,
constitute, or contribute to, any form of contamination.
CHAPTER 8. FUNDING
18450. The department may assist local agencies and public
utilities providing water service in applying for, and in obtaining
approval of, federal and state funding and permits for cost-effective
water recycling projects and shall confer and cooperate with the
state board during the application and approval process.
18451. To implement the policy declarations of this division, the
state board is authorized to provide loans for the development of
water recycling facilities, or for studies and investigations in
connection with water recycling, pursuant to the provisions of
Chapter 6 (commencing with Section 13400) of Division 7.
18452. In administering any statewide program of financial
assistance for water pollution or water quality control delegated to
it pursuant to Chapter 6 (commencing with Section 13400) of Division
7, the state board shall give added consideration to water quality
control facilities providing optimum water recycling and use of
recycled water.
SEC. 20. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.