BILL NUMBER: AB 803 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hueso
FEBRUARY 21, 2013
An act to amend Section 5411.5 of, and to add Article 7.1
(commencing with Section 116600) to Chapter 4 of Part 12 of Division
104 of, the Health and Safety Code, and to add Section 13263.7 to,
and to add Article 4.1 (commencing with Section 13529.5) to Chapter 7
of Division 7 of, the Water Code, relating to recycled water.
LEGISLATIVE COUNSEL'S DIGEST
AB 803, as introduced, Hueso. Water Recycling Act of 2013.
(1) Existing law requires the State Department of Public Health to
establish uniform statewide recycling criteria for each varying type
of use of recycled water where the use involves the protection of
public health. Existing regulations prescribe various requirements
and prohibitions relating to recycled water.
This bill, the Water Recycling Act of 2013, would codify some of
these regulations to, among other things, (1) define various terms
for the purpose of water recycling criteria, (2) require the use of
certain quality recycled water for specified uses with prescribed
prohibitions, and (3) modify prohibitions and requirements for
dual-plumbed recycled water systems.
(2) Existing law, the California Safe Drinking Water Act, provides
for the operation of public water systems, and imposes on the
department various responsibilities and duties. Existing law
authorizes the department to enact regulations and the department has
enacted regulations relating to the protection of public water
systems from unapproved water, including recycled water.
This bill would codify some of these regulations to, among other
things, (1) define various terms, (2) specify plumping requirements,
(3) prescribe certain protection to prevent backflow into the public
water supply, and (4) specify when a changeover device may be used.
(3) Existing law requires 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 on any waters of the
state to immediately notify the local health officer of the director
of environmental health of the discharge, as prescribed.
This bill would provide that this notification requirement does
not apply to an unauthorized discharge of effluent of treated sewage
defined as recycled water, as defined.
(4) Existing law establishes the State Water Resources Control
Board and the California regional water quality control boards as the
principal state agencies with authority over matters relating to
water quality.
This bill would authorize compliance with effluent limitations and
any other permit or waste discharge requirements for the release or
discharge of advanced treated purified water, as defined, into a
conveyance facility at the point where the advanced treated purified
water enters the conveyance facility but prior to commingling with
any raw water or other water source.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Water
Recycling Act of 2013.
SEC. 2. 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) The notification required by this section shall not apply to
an unauthorized discharge of effluent of treated sewage defined as
recycled water pursuant to Section 13050 or 13529.2 of the Water
Code.
SEC. 3. Article 7.1 (commencing with Section 116600) is added to
Chapter 4 of Part 12 of Division 104 of the Health and Safety Code,
to read:
Article 7.1. Protection of Water System
116600. The following terms have the following meanings:
(a) "Air-gap separation" or "AG" means a physical separation
between the free-flowing discharge end of a water supply pipeline and
an open or nonpressurized vessel. A plumbing gap separation is not
an air-gap separation.
(b) "Approved water supply" means a water supply whose potability
is regulated by a state or local health agency.
(c) "Auxiliary water supply" means any water supply other than
that received from a public water system including recycled water as
defined in Section 13050 of the Water Code.
(d) "Changeover device" means a fitting or assembly that is used
to change a supply of water from one source to another such that
nonpotable and potable supplies cannot be connected at the same time.
(e) "Cross connection" means a physical connection between a
potable water system used to supply water for drinking purposes and
any source or system containing unapproved water or a substance that
is not or cannot be approved as safe, wholesome, and potable. A
plumbing gap separation is not a cross connection if it complies with
the conditions of use described in Section 116603.
(f) "Double check valve assembly" or "DC" means an assembly of at
least two independently acting check valves including tightly closing
shut-off valves on each side of the check valve assembly and test
cocks available for testing the watertightness of each check valve.
(g) "Health agency" means the State Department of Public Health or
the local health officer with respect to a small water system.
(h) "Plumbing gap separation" is a physical separation of a water
conveyance system such as a pipe. An example of a plumbing gap
separation is removal of a spool or length of pipe. An air-gap
separation is not a plumping gap separation.
(i) "Recycled water" is a wastewater which as a result of
treatment is suitable for beneficial uses.
(j) "Reduced pressure principle backflow prevention device" or "RP"
means a backflow preventer incorporating not less than two check
valves, an automatically operated differential relief valve located
between the two check valves, a tightly closing shut-off valve on
each side of the check valve assembly, and equipped with necessary
test cocks for testing.
(k) "User connection" means the point of connection of a user's
piping to the water supplier's facilities.
(l) "User supervisor" means the person responsible for the
avoidance of cross connections during the installation, operation,
and maintenance of the water user's pipelines and equipment.
(m) "Water supplier"means the person who owns or operates or owns
and operates the public water system.
(n) "Water user" means the person who owns or operates the public
water system.
116601. (a) An approved air gap shall be at least double diameter
of the supply pipe measured vertically above the overflow rim of the
vessel but at no time less than one inch. An approved plumbing gap
is a minimum of 12 inches and is installed and maintained in
compliance with Section 116603.
(b) A reduced pressure principle backflow assembly is required on
a changeover device to protect the alternative supply of water.
116602. The type of protection that shall be provided to prevent
backflow into the public water supply shall be commensurate with the
degree of hazard that exists on the consumer's premises. The type of
protective device that may be required (listed in an increasing level
of protection) includes: Double Check Valve Assembly-(DC), Reduced
Pressure Principle Backflow Prevention Device-(RP), and an Air-gap
Separation-(AG). The water user may choose a higher level of
protection than required by the water supplier. The minimum types of
backflow protection required to protect the public water supply, at
the water user's connection to premises with various degrees of
hazard are given in Table 1. Situations which are not covered in
Table 1 shall be evaluated on a case-by-case basis and the
appropriate backflow protection shall be determined by the water
supplier or health agency.
TABLE 1
TYPE OF BACKFLOW PROTECTION REQUIRED
Minimum
type
of
Backflow
Degree of Hazard Prevention
(a) Sewage and Hazardous Substances
(1) Premises where there are waste
water pumping and/or treatment
plants and there is no
interconnection with the potable
water system. This does not include AG
a single-family residence that has a
sewage lift pump. A RP may be
provided in lieu of an AG if
approved by the health agency and
water supplier.
(2) Premises where hazardous
substances are handled in any manner
in which the substances may enter
the potable water system. This does
not include a single-family AG
residence that has a sewage lift
pump. A RP may be provided in lieu
of an AG if approved by the health
agency and water supplier.
(3) Premises where there are
irrigation systems into which RP
fertilizers, herbicides, or
pesticides are, or can be, injected.
(b) Auxiliary Water Supplies
(1) Premises where there is an
unapproved auxiliary water supply
which is interconnected with the
public water system. A RP or DC may AG
be provided in lieu of an AG if
approved by the health agency and
water supplier.
(2) remises where there is an
unapproved auxiliary water supply
and there are no interconnections
with the public water system. A DC RP
may be provided in lieu of a RP if
approved by the health agency and
water supplier.
(c) Recycled Water
(1) Premises where the public water
system is used to supplement the AG
recycled water supply.
(2) Nonresidential premises where
recycled water is used, other than
as allowed in paragraph (3), and RP
there is no interconnection with the
potable water system.
(3) Residences using recycled water
for landscape irrigation as part of
an approved dual plumbed use area
established pursuant to
sections 60313 through 60316 unless
the recycled water supplier obtains
approval of the local public water
supplier, or the Department if the DC
water supplier is also the supplier
of the recycled water, to utilize an
alternative backflow protection plan
that includes an annual inspection
and annual shutdown test of the
recycled water and potable water
systems pursuant to subsection
60316(a).
(d) Fire Protection Systems
(1) Premises where the fire system
is directly supplied from the public
water system and there is an DC
unapproved auxiliary water supply on
or to the premises (not
interconnected).
(2) Premises where the fire system
is supplied from the public water
system and interconnected with an
unapproved auxiliary water supply. A AG
RP may be provided in lieu of an AG
if approved by the health agency and
water supplier.
(3) Premises where the fire system
is supplied from the public water
system and where either elevated DC
storage tanks or fire pumps which
take suction from private reservoirs
or tanks are used.
(4) Buildings where the fire system
is supplied from the public water
system and where recycled water is DC
used in a separate piping system
within the same building.
(e) Dockside Watering Points and
Marine Facilities
(1) Pier hydrants for supplying RP
water to vessels for any purpose.
(2) Premises where there are marine RP
facilities.
(f) Premises where entry is
restricted so that inspections for
cross connections cannot be made RP
with sufficient frequency or at
sufficiently short notice to assure
that they do not exist.
(g) Premises where there is a
repeated history of cross RP
connections being established or
reestablished.
116603. A changeover device may be used under all of the
following conditions:
(a) In emergency situations.
(b) When the alternative water supply is locked and under the
control of the permitted water agency such that the permitted water
agency must take action to make the alternative supply of water
available.
(c) If potable water is the alternative supply and is to be
supplied to a nonpotable system using a changeover device, the
permitted water agency shall approve and supervise the conversion.
(d) The reduced pressure principle backflow assembly that is
required on the alternative water supply shall be located as close to
the supply as practicable.
(e) The permitted water agency shall notify the department of the
installation of the changeover device within 24 hours of its
occurrence. The notification shall include when the changeover device
shall be removed.
116604. (a) (1) The Legislature finds and declares that Sections
7583, 7604, and 7605 of Title 17 of the California Code of
Regulations are inconsistent with Sections 116600 to 116603,
inclusive.
(2) The department shall not apply the regulations specified in
paragraph (1) and shall repeal them.
(b) The department shall apply Sections 116600 to 116603,
inclusive, unless the department makes a finding that the adoption of
different water system protection provisions is required by
circumstances that are changed from those prevailing on January 1,
2014.
(c) If the department makes the finding described in subdivision
(b), the department shall adopt new regulations for the purposes of
Chapter 4 (commencing with Section 116270) of Part 12 of Division 104
in accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code). Regulations adopted pursuant to this
subdivision shall prevail over the provisions in Sections 116600 to
116603, inclusive.
SEC. 4. Section 13263.7 is added to the Water Code, to read:
13263.7. (a) Compliance with effluent limitations and any other
permit or waste discharge requirements, as appropriate, for the
release or discharge of advanced treated purified water into a
conveyance facility may be determined at the point where the advanced
treated purified water enters the conveyance facility but prior to
commingling with any raw water or other water source.
(b) For purposes of this section:
(1) "Advanced treated purified water" means water of wastewater
origin treated with a treatment method at least as effective as
membrane filtration, reverse osmosis, advanced oxidation,
disinfection, and engineered reliability features or other suitable
treatment as approved by the State Department of Public Health.
(2) "Raw water" means surface water or groundwater in its
naturally occurring state prior to treatment.
SEC. 5. Article 4.1 (commencing with Section 13529.5) is added to
Chapter 7 of Division 7 of the Water Code, to read:
Article 4.1. Water Recycling Criteria
13529.5. The following terms have the following meanings:
(a) "Coagulated wastewater" means oxidized wastewater in which
colloidal and finely divided suspended matter have been destabilized
and agglomerated upstream from a filter by the addition of suitable
floc-forming chemicals or by biological process.
(b) "Conventional treatment" means a treatment chain that utilizes
a sedimentation unit process and filtration process and produces an
effluent that meets the definition for disinfected tertiary recycled
water.
(c) "Dry weather period" means a period of little or no rainfall.
(d) "Dual plumbed system" or "dual plumbed" means a system that
utilizes separate piping systems for recycled water and potable water
within a facility and where the recycled water is used for either of
the following purposes:
(1) To serve plumbing outlets, excluding fire suppression systems,
within a building.
(2) Outdoor landscape irrigation at individual residences where
the water systems, including the irrigation systems, are under the
control and supervision of the owner or tenant and not a homeowners'
association or equal.
(e) "Filtered wastewater" means an oxidized wastewater that meets
both of the following criteria:
(1) Has been through natural undisturbed soils or a bed of filter
media so that the turbidity of the filtered wastewater does not
exceed any of the following:
(A) An average of 2 NTU within a 24-hour period.
(B) Five NTU more than 5 percent of the time within a 24-hour
period.
(C) Ten NTU at any time.
(2) Has been passed through a microfiltration, ultrafiltration,
nanofiltration, or reverse osmosis membrane so that the turbidity of
the filtered wastewater does not exceed either of the following:
(A) Two-tenths NTU more than 5 percent of the time within a
24-hour period.
(B) One-half NTU at any time.
(f) "NTU" means nephelometric turbidity unit.
(g) "Peak dry weather design flow" means the arithmetic mean of
the maximum peak flow rates sustained over three hours during the
maximum 24-hour dry weather period.
(h) "Regulatory agency" means the State Department of Public
Health or a regional water quality control board that has
jurisdiction over the recycling plant and use areas.
13529.55. (a) Recycled water used for the irrigation of the
following shall be a disinfected tertiary recycled water, except that
for filtration pursuant to paragraph (1) of subdivision (e) of
Section 13529.5 coagulation need not be used as part of the treatment
process provided that the filter effluent turbidity does not exceed
2 NTU, the turbidity of the influent to the filters is continuously
measured, the influent turbidity does not exceed 5 NTU for more than
15 minutes and never exceeds 10 NTU, and that there is the capability
to automatically activate chemical addition or divert the wastewater
should the filter influent turbidity exceed 5 NTU for more than 15
minutes:
(1) Food crops, including all edible root crops, where the
recycled water comes into contact with the edible portion of the
crop.
(2) Parks and playgrounds.
(3) School yards.
(4) Residential landscaping.
(5) Unrestricted access golf courses.
(6) Any other irrigation use not specified in this section and not
prohibited by other sections of the California Code of Regulations.
(b) Recycled water used for the irrigation of food crops where the
edible portion is produced above ground and not contacted by the
recycled water shall be at least disinfected secondary-2.2 recycled
water.
(c) Recycled water used for the irrigation of the following shall
be at least disinfected secondary-23 recycled water:
(1) Cemeteries.
(2) Freeway landscaping.
(3) Restricted access golf courses.
(4) Ornamental nursery stock and sod farms where access by the
general public is not restricted.
(5) Pasture for animals producing milk for human consumption.
(6) Any nonedible vegetation where access is controlled so that
the irrigated area cannot be used as if it were part of a park,
playground, or schoolyard.
(d) Recycled wastewater used for the irrigation of the following
shall be at least undisinfected secondary recycled water:
(1) Orchards where the recycled water does not come into contact
with the edible portion of the crop.
(2) Vineyards where the recycled water does not come into contact
with the edible portion of the crop.
(3) Nonfood-bearing trees. This category shall include a Christmas
tree farm provided no irrigation with recycled water occurs for a
period of 14 days prior to harvesting or allowing access by the
general public.
(4) Fodder and fiber crops and pasture for animals not producing
milk for human consumption.
(5) Seed crops not eaten by humans.
(6) Food crops that must undergo commercial pathogen-destroying
processing before being consumed by humans.
(7) Ornamental nursery stock and sod farms provided no irrigation
with recycled water occurs for a period of 14 days prior to
harvesting, retail sale, or allowing access by the general public.
(e) No recycled water used for irrigation, or soil that has been
irrigated with recycled water, shall come into contact with the
edible portion of food crops eaten raw by humans unless the recycled
water complies with subdivision (a).
13529.6. (a) Recycled water used for the following shall be
disinfected tertiary recycled water, except that for filtration being
provided pursuant to paragraph (1) of subdivision (e) of Section
13529.5 coagulation need not be used as part of the treatment process
provided that the filter effluent turbidity does not exceed 2 NTU,
the turbidity of the influent to the filters is continuously
measured, the influent turbidity does not exceed 5 NTU for more than
15 minutes and never exceeds 10 NTU, and that there is the capability
to automatically activate chemical addition or divert the wastewater
should the filter influent turbidity exceed 5 NTU for more than 15
minutes:
(1) Flushing toilets and urinals.
(2) Priming drain traps.
(3) Industrial process water that may come into contact with
workers.
(4) Structural firefighting.
(5) Decorative fountains.
(6) Commercial laundries.
(7) Consolidation of backfill around potable water pipelines.
(8) Artificial snow making for commercial outdoor use.
(9) Vehicle washing, including hand washes if the recycled water
is not heated, where the general public is excluded from the washing
process.
(b) Recycled water used for the following uses shall be at least
disinfected secondary-23 recycled water:
(1) Industrial boiler feed.
(2) Nonstructural firefighting.
(3) Backfill consolidation around nonpotable piping.
(4) Soil compaction.
(5) Mixing concrete.
(6) Dust control on roads and streets.
(7) Cleaning roads, sidewalks, and outdoor work areas.
(8) Industrial process water that will not come into contact with
workers.
(c) Recycled water used for flushing sanitary sewers shall be at
least undisinfected secondary recycled water.
13529.65. (a) No irrigation with disinfected tertiary recycled
water shall take place within 50 feet of any domestic water supply
well unless all of the following conditions have been met:
(1) A geological investigation demonstrates that an aquitard
exists at the well between the uppermost aquifer being drawn from and
the ground surface.
(2) The well contains an annular seal that extends from the
surface into the aquitard.
(3) The well is housed to prevent any recycled water spray from
coming into contact with the wellhead facilities.
(4) The ground surface immediately around the wellhead is
contoured to allow surface water to drain away from the well.
(5) The owner of the well approves of the elimination of the
buffer zone requirement.
(b) No impoundment of disinfected tertiary recycled water shall
occur within 100 feet of any domestic water supply well.
(c) No irrigation with, or impoundment of, disinfected
secondary-2.2 or disinfected secondary-23 recycled water shall take
place within 100 feet of any domestic water supply well.
(d) No irrigation with, or impoundment of, undisinfected secondary
recycled water shall take place within 150 feet of any domestic
water supply well.
(e) Any use of recycled water shall comply with the following:
(1) Any irrigation runoff shall be confined to the recycled water
use area, unless the runoff does not pose a public health threat and
is authorized by the regulatory agency.
(2) Spray, mist, or runoff shall not enter dwellings or food
handling facilities.
(3) Drinking water fountains shall be protected against contact
with recycled water spray, mist, or runoff.
(f) No spray irrigation of any recycled water, other than
disinfected tertiary recycled water, shall take place within 100 feet
of a residence or a place where public exposure could be similar to
that of a park, playground, or schoolyard.
(g) All use areas where recycled water is used that are accessible
to the public shall be posted with signs that are visible to the
public, in a size no less than four inches high by eight inches wide,
that include the following wording: "RECYCLED WATER - DO NOT DRINK."
Each sign shall display an international symbol similar to that
shown in figure 60310-A. The State Department of Public Health may
accept alternative signage and wording, or an educational program,
provided the applicant demonstrates to the State Department of Public
Health that the alternative approach will assure an equivalent
degree of public notification.
(h) Except as allowed under Section 116602 of the Health and
Safety Code, no physical connection shall be made or allowed to exist
between any recycled water system and any separate system conveying
potable water.
(i) The portions of the recycled water piping system that are in
areas subject to access by the general public shall not include any
hose bibbs except where adequate signage and notification are in
place and regularly inspected to insure the general public has proper
notice. Only quick couplers that differ from those used on the
potable water system shall be used on the portions of the recycled
water piping system in areas subject to public access. GRAPHIC
INSERT HERE: SEE PRINTED VERSION OF THE BILL]
13529.7. (a) No person other than a recycled water agency shall
deliver recycled water to a dual-plumbed facility.
(b) No recycled water agency shall deliver recycled water to a
facility using a dual-plumbed system unless the report required
pursuant to Section 13522.5, and that meets the requirements set
forth in Section 13529.75, has been submitted to, and approved by,
the regulatory agency.
13529.75. The public water supply shall not be used as a backup
or supplemental source of water for a dual-plumbed recycled water
system unless the connection between the two systems is protected by
either of the following:
(a) An air-gap separation that complies with the requirements of
subdivision (a) of Section 7602 and subdivision (a) of Section 7603
of Title 17 of the California Code of Regulations, and the approval
of the public water system has been obtained.
(b) A plumbing gap separation that complies with the requirements
of Section 116603 of the Health and Safety Code and the approval of
the public water system has been obtained.
13529.8. (a) Prior to the initial operation of the dual-plumbed
recycled water system and annually thereafter, the recycled water
agency shall ensure that the dual-plumbed system within each facility
and use area is inspected for possible cross connections with the
potable water system. The recycled water system shall be inspected
and tested in accordance with the following:
(1) An initial cross-connection test before the initial operation
of the recycled water system.
(2) An annual visual system inspection.
(3) A cross-connection test when there is material reason to
believe that the potable water or recycled water system has been
compromised.
(4) A cross-connection test following remediation of a discovered
cross connection.
(b) A material reason to believe that the system has been
compromised may be based on, but is not limited to, evidence gathered
either of the following:
(1) During a visual inspection performed pursuant to this section.
(2) As a result of an inspection performed following complaints of
water quality or flow conditions consistent with a compromised
system.
(c) The testing shall be conducted in accordance with the method
described in the report submitted pursuant to Section 60314 of Title
22 of the California Code of Regulations. The inspections and the
testing shall be performed by a cross-connection control specialist
certified by the California-Nevada section of the American Water
Works Association or an organization with equivalent certification
requirements. A written report documenting the result of the
inspection or testing for the prior year shall be submitted to the
department within 30 days following completion of the inspection or
testing.
(d) The recycled water agency shall notify the department of any
incidence of backflow from the dual-plumbed recycled water system
into the potable water system within 24 hours of the discovery of the
incident.
(e) Any backflow prevention device installed to protect the public
water system serving the dual-plumbed recycled water system shall be
inspected and maintained in accordance with Section 116603 of the
Health and Safety Code.
13529.9. (a) (1) The Legislature finds and declares that Sections
60301.160, 60301.170, 60301.250, 60301.320, 60301.660, 60301.740,
60304, 60307, 60310, 60313, 60315, and 60316 of Title 22 of the
California Code of Regulations are inconsistent with Sections 13529.5
to 13529.8, inclusive.
(2) The State Department of Public Health shall not apply the
regulations specified in paragraph (1) and shall repeal them.
(b) The State Department of Public Health shall apply Sections
13529.5 to 13529.8, inclusive, unless the State Department of Public
Health makes a finding that the adoption of different water recycling
criteria provisions is required by circumstances that are changed
from those prevailing on January 1, 2014.
(c) If the State Department of Public Health makes the finding
described in subdivision (b), the State Department of Public Health
shall adopt new regulations for the purposes of Article 4 (commencing
with Section 13520) in accordance with the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code). Regulations adopted
pursuant to this subdivision shall prevail over the provisions in
Sections 13529.5 to 13529.8, inclusive.