AB 803, as amended, Gomez. 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
begin delete water.end delete
This bill, the Water Recycling Act of 2013, would codify some of these regulations to, among other things, define various terms for the purpose of water recycling criteria, require the use of certain quality recycled water for specified uses with prescribed prohibitions, and modify prohibitions and requirements for dual-plumbed recycled water systems.end delete
(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.end delete
This bill would codify some of these regulations to, among other things, define various terms, specify plumbing requirements, prescribe certain protection to prevent backflow into the public water supply, and specify when a changeover device may be used.end delete
begin delete(3)end delete begin delete end deleteExisting 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 where it probably will be 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.
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:
This act shall be known and may be cited as the
2Water Recycling Act of 2013.
Section 5411.5 of the Health and Safety Code is
4amended to read:
(a) Any person who, without regard to intent or
6negligence, causes or permits any sewage or other waste or the
7effluent of treated sewage or other waste to be discharged in or on
8any waters of the state, or discharged in or deposited where it is,
P3 1or probably will be, discharged in or on any waters of the state, as
2soon as that person has knowledge of the discharge, shall
3immediately notify the local health officer or the director of
4environmental health of the discharge.
5(b) Any person who fails to provide the notice required by this
6section is guilty of a misdemeanor and shall be punished by a fine
7of not less than five hundred dollars ($500) nor more than one
8thousand dollars ($1,000), or imprisonment for less than one year,
9or both the fine and imprisonment.
10(c) The notification required by this section shall not apply to
11a discharge authorized by law and in compliance with waste
12discharge requirements or other requirements established by the
13appropriate regional water quality control board or the State Water
14Resources Control Board.
15(d) The notification required by this section shall not apply to
16an unauthorized discharge of effluent of treated sewage defined
17as recycled water pursuant to Section 13050 or 13529.2 of the
Article 7.1 (commencing with Section 116600) is
20added to Chapter 4 of Part 12 of Division 104 of the Health and
21Safety Code, to read:
The following terms have the following meanings:
26(a) “Air-gap separation” or “AG” means a physical separation
27between the free-flowing discharge end of a water supply pipeline
28and an open or nonpressurized vessel. A plumbing gap separation
29is not an air-gap separation.
30(b) “Approved water supply” means a water supply whose
31potability is regulated by a state or local health agency.
32(c) “Auxiliary water supply” means any water supply other than
33that received from a public water system including recycled water
34as defined in Section 13050 of the Water Code.
35(d) “Changeover device” means a fitting or assembly that is
36used to change a supply of water from one source to another such
37that nonpotable and potable supplies cannot be connected at the
39(e) “Cross connection” means a physical connection between
40a potable water system used to supply water for drinking purposes
P4 1and any source or system containing unapproved water or a
2substance that is not or cannot be approved as safe, wholesome,
3and potable. A plumbing gap separation is not a cross connection
4if it complies with the conditions of use described in Section
6(f) “Double check valve assembly” or “DC” means an assembly
7of at least two independently acting check valves including tightly
8closing shut-off valves on each side of the check valve assembly
9and test cocks available for testing the watertightness of each check
11(g) “Health agency” means the State Department of Public
12Health or the local health officer with respect to a small water
14(h) “Plumbing gap separation” is a physical separation of a
15water conveyance system such as a pipe. An example of a plumbing
16gap separation is removal of a spool or length of pipe. An air-gap
17separation is not a plumping gap separation.
18(i) “Recycled water” is a wastewater which as a result of
19treatment is suitable for beneficial uses.
20(j) “Reduced pressure principle backflow prevention device”
21or “RP” means a backflow preventer incorporating not less than
22two check valves, an automatically operated differential relief
23valve located between the two check valves, a tightly closing
24shut-off valve on each side of the check valve assembly, and
25equipped with necessary test cocks for testing.
26(k) “User connection” means the point of connection of a user’s
27piping to the water supplier’s facilities.
28(l) “User supervisor” means the person responsible for the
29avoidance of cross connections during the installation, operation,
30and maintenance of the water user’s pipelines and equipment.
31(m) “Water supplier”means the person who owns or operates
32or owns and operates the public water system.
33(n) “Water user” means the person who owns or operates the
34public water system.
(a) An approved air gap shall be at least double
36diameter of the supply pipe measured vertically above the overflow
37rim of the vessel but at no time less than one inch. An approved
38plumbing gap is a minimum of 12 inches and is installed and
39maintained in compliance with Section 116603.
P5 1(b) A reduced pressure principle backflow assembly is required
2on a changeover device to protect the alternative supply of water.
The type of protection that shall be provided to prevent
4backflow into the public water supply shall be commensurate with
5the degree of hazard that exists on the consumer’s premises. The
6type of protective device that may be required (listed in an
7increasing level of protection) includes: Double Check Valve
8Assembly-(DC), Reduced Pressure Principle Backflow Prevention
9Device-(RP), and an Air-gap Separation-(AG). The water user
10may choose a higher level of protection than required by the water
11supplier. The minimum types of backflow protection required to
12protect the public water supply, at the water user’s connection to
13premises with various degrees of hazard are given in Table 1.
14Situations which are not covered in Table 1 shall be evaluated on
15a case-by-case basis and the appropriate backflow protection shall
16be determined by the water supplier or health agency.
TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard
(a) Sewage and Hazardous Substances
(1) Premises where there are waste water pumping, treatment plants, or both, 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.
(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.
(3) Premises where there are irrigation systems into which 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 be provided in lieu of an AG if approved by the health agency and water supplier.
(2) Premises 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.
(c) Recycled Water
(1) Premises where the public water system is used to supplement the recycled water supply.
(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.
(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 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 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 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 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 used in a separate piping system within the same building.
(e) Dockside Watering Points and Marine Facilities
(1) Pier hydrants for supplying water to vessels for any purpose.
(2) Premises where there are marine facilities.
(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.
(g) Premises where there is a repeated history of cross connections being established or reestablished.
A changeover device may be used under all of the
9(a) In emergency situations.
10(b) When the alternative water supply is locked and under the
11control of the permitted water agency such that the permitted water
12agency must take action to make the alternative supply of water
14(c) If potable water is the alternative supply and is to be supplied
15to a nonpotable system using a changeover device, the permitted
16water agency shall approve and supervise the conversion.
17(d) The reduced
pressure principle backflow assembly that is
18required on the alternative water supply shall be located as close
19to the supply as practicable.
20(e) The permitted water agency shall notify the department of
21the installation of the changeover device within 24 hours of its
22occurrence. The notification shall include when the changeover
23device shall be removed.
(a) (1) The Legislature finds and declares that
25Sections 7583, 7604, and 7605 of Title 17 of the California Code
26of Regulations are inconsistent with Sections 116600 to 116603,
28(2) The department shall not apply the regulations specified in
29paragraph (1) and shall repeal them.
30(b) The department shall apply Sections 116600 to 116603,
31inclusive, unless the department makes a finding that the adoption
32of different water system protection provisions is required by
33circumstances that are changed from those prevailing on January
35(c) If the department makes the finding described in subdivision
36(b), the department shall adopt new regulations for the purposes
37of Chapter 4 (commencing with Section 116270) of Part 12 of
38Division 104 in accordance with the Administrative Procedure Act
39(Chapter 3.5 (commencing with Section 11340) of Part 1 of
40Division 3 of Title 2 of the Government Code). Regulations
P8 1adopted pursuant to this subdivision shall prevail over the
2provisions in Sections 116600 to 116603, inclusive.
Section 13263.7 is added to the Water Code, to read:
(a) Compliance with effluent limitations and any
6other permit or waste discharge requirements, as appropriate, for
7the release or discharge of advanced treated purified water into a
8conveyance facility may be determined at the point where the
9advanced treated purified water enters the conveyance facility but
10prior to commingling with any raw water or other water source.
11(b) For purposes of this section:
12(1) “Advanced treated purified water” means water of
13wastewater origin treated with a treatment method at least as
14effective as membrane filtration, reverse osmosis, advanced
15oxidation, disinfection, and engineered reliability features or other
16suitable treatment as approved by the State Department of Public
18(2) “Raw water” means surface water or groundwater in its
19naturally occurring state prior to treatment.
Article 4.1 (commencing with Section 13529.5) is
21added to Chapter 7 of Division 7 of the Water Code, to read:
The following terms have the following meanings:
26(a) “Coagulated wastewater” means oxidized wastewater in
27which colloidal and finely divided suspended matter have been
28destabilized and agglomerated upstream from a filter by the
29addition of suitable floc-forming chemicals or by biological
31(b) “Conventional treatment” means a treatment chain that
32utilizes a sedimentation unit process and filtration process and
33produces an effluent that meets the definition for disinfected
34tertiary recycled water.
35(c) “Dry weather period” means a period of little or no rainfall.
36(d) “Dual plumbed system” or “dual plumbed” means a system
37that utilizes separate piping systems for recycled water and potable
38water within a facility and where the recycled water is used for
39either of the following purposes:
P9 1(1) To serve plumbing outlets, excluding fire suppression
2systems, within a building.
3(2) Outdoor landscape irrigation at individual residences where
4the water systems, including the irrigation systems, are under the
5control and supervision of the owner or tenant and not a
6homeowners’ association or equal.
7(e) “Filtered wastewater” means an oxidized wastewater that
8meets both of the following criteria:
9(1) Has been through natural undisturbed soils or a bed of filter
10media so that the turbidity of the filtered wastewater does not
11exceed any of the following:
12(A) An average of 2 NTU within a 24-hour period.
13(B) Five NTU more than 5 percent of the time within a 24-hour
15(C) Ten NTU at any time.
16(2) Has been passed through a microfiltration, ultrafiltration,
17nanofiltration, or reverse osmosis membrane so that the turbidity
18of the filtered wastewater does not exceed either of the following:
19(A) Two-tenths NTU more than 5 percent of the time
21(B) One-half NTU at any time.
22(f) “NTU” means nephelometric turbidity unit.
23(g) “Peak dry weather design flow” means the arithmetic mean
24of the maximum peak flow rates sustained over three hours during
25the maximum 24-hour dry weather period.
26(h) “Regulatory agency” means the State Department of Public
27Health or a regional water quality control board that has jurisdiction
28over the recycling plant and use areas.
(a) Recycled water used for the irrigation of the
30following shall be a disinfected tertiary recycled water, except that
31for filtration pursuant to paragraph (1) of subdivision (e) of Section
3213529.5 coagulation need not be used as part of the treatment
33process provided that the filter effluent turbidity does not exceed
342 NTU, the turbidity of the influent to the filters is continuously
35measured, the influent turbidity does not exceed 5 NTU for more
36than 15 minutes and never exceeds 10 NTU, and that there is the
37capability to automatically activate chemical addition or divert the
38wastewater should the filter influent turbidity exceed 5 NTU for
39more than 15 minutes:
P10 1(1) Food crops, including all edible root crops, where the
2recycled water comes into contact with the edible portion of the
4(2) Parks and playgrounds.
5(3) School yards.
6(4) Residential landscaping.
7(5) Unrestricted access golf courses.
8(6) Any other irrigation use not specified in this section and not
9prohibited by other sections of the California Code of Regulations.
10(b) Recycled water used for the irrigation of food crops where
11the edible portion is produced above ground and not contacted by
12the recycled water shall be at least disinfected secondary-2.2
14(c) Recycled water used for the irrigation of the following shall
15be at least disinfected secondary-23 recycled water:
17(2) Freeway landscaping.
18(3) Restricted access golf courses.
19(4) Ornamental nursery stock and sod farms where access by
20the general public is not restricted.
21(5) Pasture for animals producing milk for human consumption.
22(6) Any nonedible vegetation where access is controlled so that
23the irrigated area cannot be used as if it were part of a park,
24playground, or schoolyard.
25(d) Recycled wastewater used for the irrigation of the following
26shall be at least undisinfected secondary recycled water:
27(1) Orchards where the recycled water does not come into
28contact with the edible portion of the crop.
29(2) Vineyards where the recycled water does not come into
30contact with the edible portion of the crop.
31(3) Nonfood-bearing trees. This category shall include a
32Christmas tree farm provided no irrigation with recycled water
33occurs for a period of 14 days prior to harvesting or allowing access
34by the general public.
35(4) Fodder and fiber crops and pasture for animals not producing
36milk for human consumption.
37(5) Seed crops not eaten by humans.
38(6) Food crops that must undergo commercial
39pathogen-destroying processing before being consumed by humans.
P11 1(7) Ornamental nursery stock and sod farms provided no
2irrigation with recycled water occurs for a period of 14 days prior
3to harvesting, retail sale, or allowing access by the general public.
4(e) No recycled water used for irrigation, or soil that has been
5irrigated with recycled water, shall come into contact with the
6edible portion of food crops eaten raw by humans unless the
7recycled water complies with subdivision (a).
(a) Recycled water used for the following shall be
9disinfected tertiary recycled water, except that for filtration being
10provided pursuant to paragraph (1) of subdivision (e) of Section
1113529.5 coagulation need not be used as part of the treatment
12process provided that the filter effluent turbidity does not exceed
132 NTU, the turbidity of the influent to the filters is continuously
14measured, the influent turbidity does not exceed 5 NTU for more
15than 15 minutes and never exceeds 10 NTU, and that there is the
16capability to automatically activate chemical addition or divert the
17wastewater should the filter influent turbidity exceed 5 NTU for
18more than 15 minutes:
19(1) Flushing toilets and urinals.
20(2) Priming drain traps.
21(3) Industrial process water that may come into contact with
23(4) Structural firefighting.
24(5) Decorative fountains.
25(6) Commercial laundries.
26(7) Consolidation of backfill around potable water pipelines.
27(8) Artificial snow making for commercial outdoor use.
28(9) Vehicle washing, including hand washes if the recycled
29water is not heated, where the general public is excluded from the
31(b) Recycled water used for the following uses shall be at least
32disinfected secondary-23 recycled water:
33(1) Industrial boiler feed.
34(2) Nonstructural firefighting.
35(3) Backfill consolidation around nonpotable piping.
36(4) Soil compaction.
37(5) Mixing concrete.
38(6) Dust control on roads and streets.
39(7) Cleaning roads, sidewalks, and outdoor work areas.
P12 1(8) Industrial process water that will not come into contact with
3(c) Recycled water used for flushing sanitary sewers shall be at
4least undisinfected secondary recycled water.
(a) No irrigation with disinfected tertiary recycled
6water shall take place within 50 feet of any domestic water supply
7well unless all of the following conditions have been met:
8(1) A geological investigation demonstrates that an aquitard
9exists at the well between the uppermost aquifer being drawn from
10and the ground surface.
11(2) The well contains an annular seal that extends from the
12surface into the aquitard.
13(3) The well is housed to prevent any recycled water spray from
14coming into contact with the wellhead facilities.
15(4) The ground surface immediately around the wellhead is
16contoured to allow surface water to drain away from the well.
17(5) The owner of the well approves of the elimination of the
18buffer zone requirement.
19(b) No impoundment of disinfected tertiary recycled water shall
20occur within 100 feet of any domestic water supply well.
21(c) No irrigation with, or impoundment of, disinfected
22secondary-2.2 or disinfected secondary-23 recycled water shall
23take place within 100 feet of any domestic water supply well.
24(d) No irrigation with, or impoundment of, undisinfected
25secondary recycled water shall take place within 150 feet of any
26domestic water supply well.
27(e) Any use of recycled water shall comply with the following:
28(1) Any irrigation runoff shall be confined to the recycled water
29use area, unless the runoff does not pose a public health threat and
30is authorized by the regulatory agency.
31(2) Spray, mist, or runoff shall not enter dwellings or food
33(3) Drinking water fountains shall be protected against contact
34with recycled water spray, mist, or runoff.
35(f) No spray irrigation of any recycled water, other than
36disinfected tertiary recycled water, shall take place within 100 feet
37of a residence or a place where public exposure could be similar
38to that of a park, playground, or schoolyard.
39(g) All use areas where recycled water is used that are accessible
40to the public shall be posted with signs that are visible to the public,
P13 1in a size no less than four inches high by eight inches wide, that
2include the following wording: “RECYCLED WATER - DO NOT
3DRINK.” Each sign shall display an international symbol similar
4to that shown in figure 60310-A. The State Department of Public
5Health may accept alternative signage and wording, or an
6educational program, provided the applicant demonstrates to the
7State Department of Public Health that the alternative approach
8will assure an equivalent degree of public notification.
9(h) Except as allowed under Section 116602 of the
10Safety Code, no physical connection shall be made or allowed to
11exist between any recycled water system and any separate system
12conveying potable water.
13(i) The portions of the recycled water piping system that are in
14areas subject to access by the general public shall not include any
15hose bibbs except where adequate signage and notification are in
16place and regularly inspected to insure the general public has proper
17notice. Only quick couplers that differ from those used on the
18potable water system shall be used on the portions of the recycled
19water piping system in areas subject to public access.
(a) No person other than a recycled water agency
2shall deliver recycled water to a dual-plumbed facility.
3(b) No recycled water agency shall deliver recycled water to a
4facility using a dual-plumbed system unless the report required
5pursuant to Section 13522.5, and that meets the requirements set
6forth in Section 13529.75, has been submitted to, and approved
7by, the regulatory agency.
The public water supply shall not be used as a
9backup or supplemental source of water for a dual-plumbed
10recycled water system unless the connection between the two
11systems is protected by either of the following:
12(a) An air-gap separation that complies with the requirements
13of subdivision (a) of Section 7602 and subdivision (a) of Section
147603 of Title 17 of the California Code of Regulations, and the
15approval of the public water system has been obtained.
16(b) A plumbing gap separation that complies with the
17requirements of Section 116603 of the Health and Safety Code
18and the approval of the public water system has been obtained.
(a) Prior to the initial operation of the dual-plumbed
20recycled water system and annually thereafter, the recycled water
21agency shall ensure that the dual-plumbed system within each
22facility and use area is inspected for possible cross connections
23with the potable water system. The recycled water system shall be
24inspected and tested in accordance with the following:
25(1) An initial cross-connection test before the initial operation
26of the recycled water system.
27(2) An annual visual system inspection.
28(3) A cross-connection test when there is
material reason to
29believe that the potable water or recycled water system has been
31(4) A cross-connection test following remediation of a
32discovered cross connection.
33(b) A material reason to believe that the system has been
34compromised may be based on, but is not limited to, evidence
35gathered either of the following:
36(1) During a visual inspection performed pursuant to this section.
37(2) As a result of an inspection performed following complaints
38of water quality or flow conditions consistent with a compromised
P16 1(c) The testing shall be conducted in accordance with
2described in the report submitted pursuant to Section 60314 of
3Title 22 of the California Code of Regulations. The inspections
4and the testing shall be performed by a cross-connection control
5specialist certified by the California-Nevada section of the
6American Water Works Association or an organization with
7equivalent certification requirements. A written report documenting
8the result of the inspection or testing for the prior year shall be
9submitted to the department within 30 days following completion
10of the inspection or testing.
11(d) The recycled water agency shall notify the department of
12any incidence of backflow from the dual-plumbed recycled water
13system into the potable water system within 24 hours of the
14discovery of the incident.
15(e) Any backflow prevention
device installed to protect the
16public water system serving the dual-plumbed recycled water
17system shall be inspected and maintained in accordance with
18Section 116603 of the Health and Safety Code.
(a) (1) The Legislature finds and declares that
20Sections 60301.160, 60301.170, 60301.250, 60301.320, 60301.660,
2160301.740, 60304, 60307, 60310, 60313, 60315, and 60316 of
22Title 22 of the California Code of Regulations are inconsistent
23with Sections 13529.5 to 13529.8, inclusive.
24(2) The State Department of Public Health shall not apply the
25regulations specified in paragraph (1) and shall repeal them.
26(b) The State Department of Public Health shall apply Sections
2713529.5 to 13529.8, inclusive, unless the State Department of
28Public Health makes a finding that the adoption of different water
29recycling criteria provisions is required by circumstances that are
30changed from those prevailing on January 1, 2014.
31(c) If the State Department of Public Health makes the finding
32described in subdivision (b), the State Department of Public Health
33shall adopt new regulations for the purposes of Article 4
34(commencing with Section 13520) in accordance with the
35Administrative Procedure Act (Chapter 3.5 (commencing with
36Section 11340) of Part 1 of Division 3 of Title 2 of the Government
37Code). Regulations adopted pursuant to this subdivision shall
38prevail over the provisions in Sections 13529.5 to 13529.8,