Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 803

Introduced by Assembly Member begin delete Hueso end delete begin insert Gomez end insert

begin insert

(Principal coauthor: Senator Hueso)

end insert

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 amended, begin delete Hueso end delete   begin insert Gomez end insert . 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, begin delete (1) end delete define various terms for the purpose of water recycling criteria, begin delete (2) end delete require the use of certain quality recycled water for specified uses with prescribed prohibitions, and begin delete (3) end delete 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, begin delete (1) end delete define various terms, begin delete (2) end delete specify begin delete plumping end delete begin insert plumbing end insert requirements, begin delete (3) end delete prescribe certain protection to prevent backflow into the public water supply, and begin delete (4) end delete specify when a changeover device may be used.

(3) Existing law requires any person who, without regard to intent or negligence begin delete , end delete 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 begin insert where it probably will be end insert discharged in or on any waters of the state begin insert , end insert 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 begin delete , end delete 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
Degree of Hazard	Minimum type of Backflow Prevention
(a) Sewage and Hazardous Substances
(1) Premises where there are waste water begin delete pumping and/or end delete begin insert pumping, end insert treatment plants begin insert , or both, end insert and there is no interconnection with the potable water system. This does not include 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.	AG
(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 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.	AG
(3) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.	RP
(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 be provided in lieu of an AG if approved by the health agency and water supplier.	AG
(2)  begin delete remises end delete begin insert Premises end insert where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of a RP if approved by the health agency and water supplier.	RP
(c) Recycled Water
(1) Premises where the public water system is used to supplement the recycled water supply.	AG
(2) Nonresidential premises where recycled water is used, other than as allowed in paragraph (3), and there is no interconnection with the potable water system.	RP
(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 begin delete Department end delete begin insert department end insert if the 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).	DC
(d) Fire Protection Systems
(1) Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).	DC
(2) Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved by the health agency and water supplier.	AG
(3) Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used.	DC
(4) Buildings where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building.	DC
(e) Dockside Watering Points and Marine Facilities
(1) Pier hydrants for supplying water to vessels for any purpose.	RP
(2) Premises where there are marine facilities.	RP
(f) Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure that they do not exist.	RP
(g) Premises where there is a repeated history of cross connections being established or reestablished.	RP

 

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.

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
INSERTED

[1 page]

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.